11 CSR 45-51.190 - Class A License Criteria
(1) The
commission may issue a Class A license if it determines on the basis of all the
facts before it that the applicant meets the criteria contained in section
313.580.3., RSMo (1986).
(2) In
making the required determinations, the commission must consider the following
factors and indices:
(A) The integrity of the
applicant and any personnel employed to have duties and responsibilities for
operating pari-mutuel wagering. This determination shall include consideration
of:
1. Any criminal record of any
individual;
2. The involvement in
litigation over business practices by the applicant or any individuals or
entities employed by the applicant;
3. The involvement in proceedings in which
unfair labor practices, discrimination or regulation of horse racing or
gambling was an issue;
4. Failure
to satisfy any judgments, orders or decrees of any court; and
5. Any other indices related to integrity
which the commission deems crucial to its decision-making as long as the same
indices are considered with regard to all applicants;
(B) The types and variety of pari-mutuel
horse racing which applicant may offer and the ability to attract quality
horses to the facility and location;
(C) The quality of the physical facility
together with improvements and equipment including:
1. The racetrack(s);
2. Stabling;
3. Grandstand;
4. Detention barn;
5. Paddock;
6. Jockey's and driver's quarters;
7. Pari-mutuel tote;
8. Parking;
9. Access by road and public
transportation;
10. Perimeter
fence;
11. Other security
improvements and equipment;
12.
Starting, timing, photo-finish and photo-patrol or video equipment;
13. Commission work areas; and
14. Any other indices related to quality of
the facility which the commission deems crucial to its decision-making as long
as the same indices are considered with regard to all applicants;
(D) The imminence of completion of
the facility or any improvements thereon;
(E) Financial ability to develop and operate
a pari-mutuel horse racing facility successfully, including:
1. Ownership and control structure;
2. Amounts and reliability of development
costs;
3. Certainty of site
acquisition or lease;
4. Current
financial conditions;
5. Sources of
equity and debt funds, amounts, terms and conditions and certainty of
commitment;
6. Provisions for cost
overruns, nonreceipt of expected equity or debt funds, failure to achieve
projected revenues or other financial adversity;
7. Feasibility of financial plan;
and
8. Any other indices related to
financial ability which the commission deems crucial to its decision-making as
long as the same indices are considered with regard to all
applicants;
(F) The
status of governmental actions required by the applicant's facility including:
1. Necessary road improvements;
2. Necessary public utility
improvements;
3. Required
governmental approvals for development, ownership and operation of the
track;
4. Acceptance of any
required environmental assessment and preparation of any required environmental
impact statement; and
5. Any other
indices related to the status of governmental actions which the commission
deems crucial to its decision-making as long as the same indices are considered
with regard to all applicants;
(G) Management ability of the applicant
including:
1. Qualifications of managers,
consultants and other contractors to develop and own a pari-mutuel horse racing
facility and the likelihood of projected operation;
2. Security plan;
3. Plans for human and animal health and
safety;
4. Plans for marketing,
promotion and advertising;
5.
Concession plan;
6. Plan for
training personnel;
7. Equal
employment and affirmative action plan; and
8. Any other indices related to management
ability which the commission deems crucial to its decision-making as long as
the same indices are considered with regard to all applicants;
(H) Compliance with applicable
statutes, regulations, charters and ordinances;
(I) Efforts to promote orderly growth of
horse racing in Missouri and educate the public with respect to horse racing
and pari-mutuel betting;
(J) The
impact of the facility including:
1. The
economic impact-
A. The employment
created;
B. The purchases of goods
and services;
C. Public and private
investment; and
D. Taxes
generated;
2. Ecological
impact;
3. Impact on energy
conservation and development of alternative energy sources;
4. Social impact;
5. Cost of public improvements; and
6. Any other indices related to impact which
the commission deems crucial to its decision-making as long as the same indices
are considered with regard to all applicants;
(K) The extent of any public support or
opposition; and
(L) Effects on
competition, including:
1. Number, nature and
relative location of other Class A licenses;
2. Number, nature and relative location of
racetracks, including horse racing and dog racing, in other states;
3. Minimum and optimum number of racing days
which may be sought by Class B applicants; and
4. Any other indices of the impact of
competition which the commission deems crucial to decision-making as long as
the same indices are considered with regard to all applicants.
(3) The commission may
also consider any other information which the applicant discloses and which is
relevant or helpful to a proper determination by commission.
Notes
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