(a) Any racing association or corporation authorized to conduct pari-mutuel wagering under this chapter, desiring to display the simulcast of live or historic pari-mutuel events on which pari-mutuel betting shall be permitted in the manner and subject to the conditions provided for under these rules may apply to the Commission for a license. Applications for permits shall be in such form as may be prescribed by the Commission and shall contain such information or other material or evidence as the Commission may require. The fee for such permits shall be fifty ($50.00) dollars for each operator per event day payable by the Permittee to the Commission. - (i) The fifty ($50.00) dollars per day fee is nonrefundable.
(b) As a condition of receiving a permit to simulcast for a given year(s), the simulcast permit applicant shall meet the following conditions: - (i) The simulcast permit application shall already be approved for a permit to conduct live pari-mutuel events, for the same calendar year(s).
- (ii) The simulcast permit applicant shall apply for and actually conduct a minimum of sixteen (16) live flat track horse racing pari-mutuel event days in the same calendar year for each simulcast year requested, pursuant to a permit to conduct live events.
- (iii) The grant or denial of a simulcast permit shall ensure fair and equitable involvement of all affected parties, including consideration of the economic viability of those days to simulcast permit applicants.
- (iv) For good cause shown by a simulcast applicant, the Commission may grant a simulcast permit where the minimum number of live flat track days is less than the sixteen (16) days required under Sub-Section (b) above. The permittee shall conduct the approved number of flat track race days.
- (v) All simulcast permit applications and associated live event permit applications shall be received in the Commission office no later than the date set by the Commission, but not less than sixty (60) days prior to the first day of proposed simulcast operation, for a given year(s).
- (vi) In the case of a permittee granted both a live and simulcast event permit that fails or refuses to actually run the sixteen (16) days of live flat track horse races, or lesser number of days as approved by the Commission, that permittee shall not receive a simulcast permit for the next calendar year. A simulcast permit issued for the year in which the required number of flat track racing days were not conducted, shall have their simulcast permit immediately suspended for the remainder of the same year. For good cause shown, a permittee may be excused from failing/refusing to run the required days of flat track racing.
- (vii) Each Permittee shall make reasonable efforts to negotiate in good faith an agreement with a Horsemen's Association, as defined in W.S. § 11-25-102(a),(xii). Establishing the allocation of purse money to Live Flat Track Horse Racing not specified in Statutes for the purpose of enhancing Live Flat Track Horse Racing in Wyoming as appropriate.
- (A) The agreement shall include provisions allocating a percentage of the takeout to purses on live flat track races run by the Permittee.
- (B) The accounts where the purse money is held, along with the safe guards which guarantee those accumulated purses are not used for operational expenses.
- (C) Each Permittee shall provide a fully executed copy of the agreement to the commission.
(c) Before the Commission may grant such license, it shall review and approve a plan of operation submitted by an applicant including, but not limited to, the following information: - (i) A feasibility study denoting the revenue earnings expected from the simulcast facility and the costs expected to operate such facility. The feasibility study shall include:
- (A) A detailed description of the proposed enclosure and the placement of terminals on which pari-mutuel wagers will be made, including a drawing to scale of the proposed enclosure which describes the site, construction, layout, capacity, number of terminals, and location of surveillance and other security equipment.
- (B) The number of live simulcast races to be displayed.
- (C) The number of Historic Horse Racing Terminals and types of games.
- (D) The types of wagering to be offered.
- (E) The level of attendance expected and the area from which such attendance will be drawn.
- (F) The level of anticipated wagering activity.
- (G) The source and amount of revenues expected from other than pari-mutuel wagering.
- (H) The cost of operating the simulcast facility and the identification of costs to be amortized and the method of amortization of such costs.
- (I) The probable impact of the proposed operation on revenues to local government.
- (ii) The security measures to be employed to protect the facility, to control crowds, to safeguard the transmission of the simulcast signals and to control the transmission of wagering data to effectuate common wagering pools.
- (iii) The type of data processing, communication, totalisator and transmission equipment to be utilized.
- (A) Pari-Mutuel wagering on live and historic horse races shall be conducted through the use of a totalisator or other similar mechanical equipment approved by the Commission.
- (B) The totalisator or other mechanical equipment shall be available for testing under the supervision of the Commission upon request by the Commission to ensure its proper working order.
- (iv) The description of the management groups responsible for the operation of the simulcast facility.
- (v) The system of accounts to maintain a separate record of revenues collected by the simulcast facility, the distribution of such revenues and the accounting of costs relative to the simulcast operation.
- (vi) The location of the facility and a written confirmation from appropriate local officials that the location of such facility and the number of patrons expected to occupy such facility are in compliance with all applicable local ordinances.
- (vii) The Permittee shall provide the written contracts between host facility owners and the Permittee if applicable.
- (viii) The written agreements and letters of consent between specified parties pursuant to Wyoming Statute.
(d) Final approval of a satellite facility within each county shall come from the county commissioners board and such approval shall be filed with the Commission prior to the conducting of simulcasting in that county.
(e) The Commission shall use the following decisional criteria in the approval or disapproval of an application for simulcast operator. - (i) The operator's general benefit to the state of Wyoming.
- (ii) The operator's general benefit to the state of Wyoming's horse racing industry.
- (iii) The operator's integrity:
- (A) Individual and corporate conduct.
- (C) Betting and gaming industry conduct.
- (iv) The operator's credibility:
- (A) Accuracy of a feasibility study.
- (B) Experience and expertise of the operator in the simulcast industry.
(f) A Permittee shall not implement any changes or modification of the practices, procedures, or representations upon which the approval was based without the prior written approval of the Commission.
038-10 Wyo. Code R. § 10-3