N.H. Admin. Code § Lot 8003.01

Current through Register No. 50, December 12, 2024

Section Lot 8003.01 - Applying for a Racetrack License

(a) Pursuant to RSA 284:12-a, no person, association, or corporation shall hold or simulcast a harness or running horse race or simulcast a dog race without possessing a valid license issued in accordance with this chapter.

(b) In accordance with RSA 284:22-a, to be eligible for a racetrack license the location of the facility where the live or simulcast races are to take place shall have:

(1) Held live running or harness horse racing in 2008; or

(2) Held live dog racing in 2008, and been licensed by the commission in 2010 to simulcast horse and dog races.

(c) Each applicant for a racetrack license pursuant to RSA 284:15 shall submit the following to the commission at least 120 days prior to the first scheduled live or simulcast race during the year for which the license has been requested:

(1) Fully executed "Application for Racetrack License" form (3/2018), and all required exhibits and attachments, as applicable, including:

a. "Attachment A-Sole Proprietorship Information" (3/2018);

b. "Attachment B-Corporation Information" (3/2018);

c. "Attachment C-Partnership Information' (3/2018);

d. 'Attachment D-Trust Information' (3/2018);

e. 'Attachment E-Limited Liability or Other Type of Applicant Information' (3/2018);

f. A "Multi-Jurisdictional Personal History Disclosure Form" (as accessed and printed on March 2, 2018), available as noted in Appendix B, for each party to the application;

g. For each party to the application:

1. A copy of a credit report issued no more than 3 months prior to the application;

2. A copy of the signed and filed personal tax returns from the prior 3 tax years, including supporting schedules;

3. A signed and notarized criminal record release authorization form; and

4. One set of fingerprints on a form FD-258, FBI Fingerprint Card;

h. For sole proprietor applicants, 2 letters of personal reference attesting to the good character of the applicant;

i. For corporation applicants:

1. A copy of the articles of incorporation and current bylaws;

2. A copy of the corporation's registration to do business in New Hampshire;

3. A certified copy of the corporation's certificate of good standing from the secretary of state; and

4. For each party to the application, a list of each organization and the organization's ownership interest or stock percentage; and

5. Copies of the corporate tax returns for the organization from the prior 3 tax years, including supporting schedules;

j. Financial statements compiled, reviewed, or audited by a certified public accountant for the time period specified in g.2 and i.5. above, as applicable;

k. For newly established racetracks, the financial projections;

l. An itemized profit and loss statement signed by a certified public accountant for the fiscal year immediately preceding the date of the application as to all occupation and other income producing activities of the applicant;

m. A certified copy of a written approval for licensure from each municipality in which the racing premises is located;

n. Documentation affording the applicant the use of the racing premises, as follows:

1. If the applicant has sole ownership of the premises, a signed statement by the applicant certifying that he or she has sole ownership of the premises and the number of years of said ownership;

2. If the applicant does not owned the premises, a copy of any leases or other agreements authorizing the applicant use of the premises; or

3. If the applicant does not solely own or lease the premises, a copy of any documents evidencing the means by which the applicant has been or will be afforded the use of the racing premises;

o. Copies of any written contracts, or a statement of the substance of any oral agreements including the name of the party or parties with whom made, relative to the present or future ownership, control or operation of the track, including agreements relative to:

1. The purchase or options to purchase the premises involved;

2. The control of the racetrack, its equipment and its entire operation;

3. Ownership, management, use or control of the racetrack or any concessions or any right or interest therein financial or otherwise; and

4. Any obligations to be performed by the applicant;

p. A copy of any document establishing the existence of any rights of way associated with the premises;

q. A copy of all polices of insurance, as well as a copy of the declaration sheets relating thereto;

r. For newly established racetracks, a plot plan showing the entire premises with all current and proposed buildings, and information regarding accessibility by highways, and other means of transportation, and the population density and the distance of principal cities within a 50-mile radius of the premises;

s. A copy of the tax map(s) from the munitipality(ies) in which the premises is located depicting the location of the entire racing premises;

t. For each concessionaire that is currently under contract, has been under contract within the past 5 years, or who intends to be under contract with the applicant, a statement setting forth the following:

1. Complete details of any beneficial interest the applicant has with the concessionaire;

2. The total gross receipts received by each concessionaire for the past 5 calendar years from race meetings conducted by the applicant, and the amount paid to the applicant; and

3. If the amount paid to the applicant is not based on gross receipts, an explanation of the bases of these payments; and

u. Except for sole proprietorships, a copy of the vote, resolution or other authorization granted to allow the application, including exhibits and statements made therein, to be submitted on behalf of the organization;

(2) A written statement, sworn to before a notary public or justice of the peace, confirming the submission of the statement required by RSA 284:15-b to the office of the attorney general;

(3) A non-refundable investigation fee of $10,000, pursuant to RSA 284:12-a, II; and

(4) A bond of a reasonable sum as set by the commission and conditioned upon the applicant:

a. Faithfully making the payments described in RSA 284:18;

b. Keeping books and records, and making reports, as required by RSA 284; and

c. Conducting racing in conformity with the requirements of RSA 284 and the rules promulgated thereunder.

(d) In accordance with RSA 284:18, a reasonable sum for the bond required by (c)(4) above shall not exceed $300,000 and be based on the licensee's average monthly obligations due to the state including unclaimed ticket money and vouchers, and breakage and wagering revenues, as well as compensation due to commission employees per RSA 284:20-d. Annual payments of unclaimed ticket money and vouchers shall be averaged over a 12-month period for the purposes of this calculation.

N.H. Admin. Code § Lot 8003.01

Derived From Volume XXXVIII Number 23, Filed June 7, 2018, Proposed by #12544, Effective 6/1/2018, Expires 6/1/2028.