Kan. Admin. Regs. § 112-4-1b - Racing or wagering equipment or services

(a) No organization licensee or facility manager licensee shall permit any business not owned and operated by that licensee to provide integral racing or wagering equipment or services, as designated in subsection (b), to that licensee unless the business has been issued a racing or wagering equipment or services license by the commission pursuant to K.S.A. 74-8837 and amendments thereto.

(b) "Integral racing and wagering equipment and services" shall mean those services and equipment that are provided on-site at the racetrack facility. This term shall include the following:

(1) Tote services;

(2) tote boards;

(3) photo finish;

(4) video replay;

(5) video reception;

(6) transmission services and equipment;

(7) starting gate; and

(8) lure.

(c) Before providing integral racing or wagering equipment or services at a racetrack facility, each individual or entity shall pay the required fee and secure the appropriate license or licenses from the commission.

(d) The organization licensee and facility manager licensee shall notify the commission of all racing or wagering equipment or services being provided at the racetrack facility pursuant to K.A.R. 112-3-17.

(e) Each applicant shall complete a racing or wagering equipment or services application form furnished by the commission, which shall include the following:

(1) The applicant's name, address, and telephone number;

(2) the names of all individuals employed by the applicant and working at the racetrack facility;

(3) proof of workers compensation if liable under the workers compensation act in Kansas; and

(4) the name, address, and telephone number of each partner, owner, officer, director, board member, policy-making manager, and any other person or entity having control or a voting interest in the business of the applicant, and the percentage of voting interest for each person or entity.

(f) The applicant shall not knowingly provide false information on any racing and wagering equipment or services application or fail to disclose any material fact on the racing and wagering equipment or services application.

(g) Each applicant shall provide a copy of the contract entered into with the facility manager licensee or organization licensee, or both.

(h) Each partner, owner, officer, director, board member, policy-making manager, or other entity with a voting interest or ownership of three percent or more may be required to submit to a background investigation to be conducted by either of the following:

(1) The commission's director of security or the director's designee; or

(2) the Kansas bureau of investigation.

(i) Each applicant for a racing or wagering equipment or services license shall pay the appropriate application and license fees as designated by the commission.

(j) Each applicant shall pay any additional fees for background and fingerprint processing, as required to pay the actual, reasonable expenses of processing the application and investigating the applicant's qualifications for licensure.

(k) Each applicant for a racing or wagering equipment or services license may be required to provide copies of income tax returns for each of the five years immediately preceding the application or all tax returns if the applicant has been organized for fewer than five years.

(l) Each licensee or applicant for a license shall report immediately and in writing any change in license or application information to the com-mission.

(m) Before the expiration of a racing or wagering equipment or services license, the licensee may apply to the commission for renewal of this license on a form furnished by the commission. The renewal shall be granted by the commission if the licensee meets all of the qualifications required for an initial license. A fee may be charged by the commission for processing the renewal applications. This fee shall not exceed the application fee authorized for an initial license.

Notes

Kan. Admin. Regs. § 112-4-1b

Authorized by K.S.A. 2001 Supp. 74-8804; implementing K.S.A. 2001 Supp. 74-8837; effective March 14, 2003.