Current through Register Vol. 54, No. 45, November 9, 2024
Section 189.12 - Filing of a petition; documentation required(a) A petition and the documentation required shall be submitted as follows: (1) Part I requires the submission of the following information, exhibits and documentation: (i) The address of the location or physical location.(ii) The name, address and telephone number of the owner of the real estate upon which the location will be situated.(iii) A copy of the lease, purchase option or purchase agreement for the location.(iv) The zoning of the location.(v) A statement indicating whether the location is situated within 300 feet of a church, hospital, charitable institution, school, public park or playground.(vi) A pro forma financial statement projecting attendance, handle and revenue at the location.(vii) A statement of the projected cost of operation of the location.(viii) A statement of the sources of funds used to construct the location including a copy of the loan commitment letter, loan documents or other documents setting forth the terms relating to the financing of the location and a certification that the licensed corporation's State and local tax obligations are not in arrears.(ix) A statement of the projected revenue and taxes to be paid to the State and local government.(x) The anticipated impact on attendance, handle and purse structure at licensed facilities conducting live racing in this Commonwealth.(xi) The areas from which the applicant expects to attract patrons to the location.(xii) The population of the area within 35 air miles to the location.(xiii) The number and types of full-time and part-time jobs to be created at the location.(xiv) The number of jobs at the location to be filled by local residents.(xv) The number and types of jobs to be created by the construction or renovation of the location.(xvi) The distance between the location and racetracks conducting live racing in this Commonwealth.(xvii) The owner and description of other businesses or uses to be conducted at the location.(2) Part II requires the submission of the following information, exhibits and documentation: (i) The number of floors, total square footage and seating capacity of the facility.(ii) A description of the dining accommodations and concession areas to be contained in the facility, including the types of food and beverages to be available, the seating capacity and a description of the kitchen areas.(iii) The number and location of fire escapes and emergency exits at the facility.(iv) The number of rest rooms to be contained in the facility.(v) A description of the general demeanor of the facility, including its decor and lighting, the type of seating to be provided and the areas of the facility where patrons can handicap races.(vi) A description of the exterior and interior of the facility.(vii) The architectural or engineering drawings of the physical location or internal facility.(viii) A description of the heating, air conditioning, smoke removal and climate control equipment; and smoke and fire detectors to be used in the facility.(ix) The provisions made to assure that the facility is accessible to the physically handicapped.(x) A description of the parking areas to be provided at the location, including the name, address and telephone number of the owner of the parking facilities; a copy of lease agreements for parking; the number of parking spaces to be provided; the charge to be imposed for parking; and a description of traffic control to be provided.(xi) A summary of any contracts relating to, and a complete description of, the pari-mutuel or totalisator equipment to be used in the facility and a statement describing the compatibility of that equipment with the equipment being used at the primary racetrack of the licensed corporation and the equipment in use at the other primary racetracks which will be transmitting their races to the facility. Copies of the contracts may be requested by the Commission.(xii) A summary of contracts relating to, and a description of, the equipment to be used to include money wagered in common pari-mutuel pools, including the number of betting windows and stand-alone terminals to be provided. Copies of the contracts may be requested by the Commission.(xiii) A summary of contracts relating to, and a description of, the equipment to be used for receiving transmissions of races and race related information. Copies of the contracts may be requested by the Commission.(xiv) The name, address and telephone number of persons supplying equipment to the location.(xv) A description of the procedures to be used to resolve patron complaints at the location.(3) Part III requires the submission of the following information, exhibits and documentation: (i) The plan the applicant intends to institute to recruit, train and upgrade employees on an equal opportunity basis.(ii) Copies of contracts for the provision of goods and services to the location, including a notation of which contracts are with minority or female-owned businesses.(iii) The name, address and telephone number of the location mutuel manager and whether that person is the holder of a license issued by the Commission.(iv) The name, address and telephone number of the location director of security and whether that person is the holder of a license issued by the Commission.(v) The name, address and telephone number of the general manager of the location and whether that person is the holder of a license issued by the Commission.(vi) The names of the vendors and concessionaires providing goods or services, or both, to the location and whether the vendors or concessionaires hold a license issued by the Commission.(vii) A description of the security plan for the location and a copy of the contracts relating to security at the location.(viii) A copy of insurance policies applicable to the location.(ix) A statement indicating whether an application has been made to the Liquor Control Board for a license or the transference of a license, permitting the sale or consumption of alcoholic beverages at the location and action taken on that application.(x) A statement indicating whether the applicant has entered into an agreement for the simulcasting of races to the location.(xi) The applicant's strategy for preserving the integrity of live racing in this Commonwealth.(xii) A copy of building, fire, occupancy, health and sanitation or other permits required by the Commonwealth or a county, township or municipality in which the location is situated.(b) The Commission and its staff shall make an initial assessment of the specific petition to determine if it is complete, accurate and in accordance with the previous provisions. An incomplete petition or if the appropriate fee is not included with the petition, shall not be reviewed or considered by the Commission.(c) The Commission may employ the services of architects, engineers, accountants or other specialists to assist in the evaluation of a petition or to inspect work performed at a nonprimary location.