Any race meet licensee desiring to simulcast its racing program
including races in Oregon, out-of-state races, or any combination thereof, to
an off-track wagering facility(ies) shall file an application for approval for
each facility with the commission at the following address: Oregon Racing
Commission, P.O. Box 366, Gresham, OR 97030; or faxed to: (971) 673-0213; or
emailed to: orc.info@orc.oregon.gov. The application shall describe a plan of
operation for the facility which includes, but is not limited to, the following
information:
(1) The name, address,
and date of birth of the applicant and owner(s) of the facility and any other
information which may be required by the commission to perform a criminal
history and financial background investigation. The commission may also require
an applicant/owner to provide fingerprints and a written consent in order to
perform a nationwide criminal record check. In carrying out this subsection,
the commission may require the applicant/owner to pay the cost of performing a
criminal record check. The application will be denied if the applicant, or in
the case of a partnership or corporation, a general partner, officer, director,
major stockholder (over 5%) or employee has engaged in any unlawful activity
determined to be conduct detrimental to the best interests of racing, or has
failed, refused or neglected to comply with any rule, regulation, condition of
license or order of any state or federal regulatory agency, including the
Oregon Racing Commission or its representatives reasonably related to its
conduct as a simulcast operator, or who has engaged in any activity which is
grounds for denial, suspension, or revocation of license pursuant to the
statues or rules of racing in the State of Oregon.
(2) A description of the management groups
responsible for the operation of the facility, including a description of any
subcontractors who will be substantially involved in the operation of the
facility.
(3) 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.
(4) A scale drawing of the facility,
including its public accommodations, equipment, concessions, and office
space.
(5) A security plan approved
by the executive director outlining the security measures to be employed to
protect the facility, to control crowds, to protect the public and employees,
to safeguard the transmission of the simulcast signals and to control the
transmission of wagering data to effectuate common wagering pools.
(6) The type of data processing,
communication and transmission equipment to be utilized.
(7) 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.
(8) An
agreement that has been executed with the simulcast operator for the conduct of
simulcast wagering at the facility
(9) An agreement that has been executed with
the owner of the facility allowing its use as an off-track wagering
facility.
(10) An agreement that
has been executed with the totalizator company for the equipment and system
necessary for the conduct of simulcast wagering at the facility.
(11) Financial reports in sufficient detail
for the commission to determine the applicant's ability to adequately perform
the duties of a simulcast operator.
(12) A posted surety bond or other suitable
instrument as approved by the Oregon Racing Commission, in an amount sufficient
to ensure payment of distributable amounts of pari-mutuel pools held by the
race meet licensee pursuant to statute and the faithful performance of the
duties of a simulcast operator. The bond may be the same as the one posted by
the race meet licensee for the conduct of the race meet.