Kan. Admin. Regs. § 112-18-3

Current through Register Vol. 43, No. 49, December 5, 2024

Section 112-18-3 - Application form for simulcasting applicant

(a) Each application for a simulcasting license shall contain the following:

(1) the name of the applicant or applicants, their business address or addresses, and their telephone number or numbers;

(2) the name, address, and telephone number of any individual who assisted the applicant or applicants in preparing their application;

(3) the written approval for the proposed simulcasting schedule from the recognized horsemen's group or the recognized greyhound owners' group, or both, as appropriate;

(4) for the calendar year, the proposed schedule of simulcast races or programs that the applicant or applicants plan to simulcast into the facility for as much of the calendar year as the respective horsemen's group and greyhound owners' group have approved. The application shall state the proposed simulcasting schedule as approved by the respective horsemen's group and greyhound owners' group for the entire calendar year when it is filed with the commission;

(5) for the calendar year, the proposed schedule of races or programs that the applicant or applicants plan to simulcast from the racetrack facility to any other racetrack facility, intertrack wagering facility, or off-track wagering facility, and a list of such facilities for as much of the calendar year as the respective horsemen's group and greyhound owners' group have approved. The application shall state the proposed simulcasting schedule as approved by the respective horsemen's group and greyhound owners' group for the entire calendar year when it is filed with the commission;

(6) certification that the applicant or applicants will comply with any provision of the interstate horse racing act of 1978 (15 U.S.C. 3001, et seq.) as in effect December 31, 1991, and submit documentation of the compliance;

(7) certification that the applicant or applicants will comply with the 80% threshold requirement of K.S.A. 74-8836 for a live racing program if the applicant conducts fewer than 10 live horse races during any day or 13 live greyhound races during any performance;

(8) one copy of each contract or agreement that the applicant has executed or proposes to execute and any modification or proposed modification of each contract or agreement with regard to the simulcasting license or races or wagering on the simulcast races. If the contract or agreement is an oral one, a written statement explaining the substance of the oral agreement shall be included;

(9) the names and addresses of the parties to each contract or agreement identified in paragraph (8) and any relationship of the parties to the applicant, the partners, associates, officers, directors, and principal owners either through family, business association, or other control;

(10) any plan to participate in a combined wagering pool, including the following information:

(A) the time and date of the races or programs for which combined pooling is planned;

(B) a description of the totalisator services to be used by the guest facility and host facility;

(C) a description of the backup communication device or procedure that would be used to communicate wagering information between the guest facility and host facility if the totalisator system or data line telephone system fails;

(D) a description of the data line or telephone line communication system to be used by the guest facility and the host facility;

(E) a description of the wagers that the applicant or applicants intend to offer on the races; and

(F) a description of the takeout rates requested for the combined wagering pool;

(11) a description of each special racing event that the applicant or applicants plan to simulcast;

(12) a statement describing how the granting of a simulcasting license to the applicant or applicants will enhance the breeding, owning, and training industries for horses or greyhounds; and

(13) a description of the impact that the proposed simulcasting will have on live racing and purses at the applicant's or applicants' racetrack facility.

(b) Each application shall describe the following factors, which may be considered by the commission in determining whether to grant or deny the application:

(1) the financial stability of the applicant or applicants and the effect that simulcasting will have on the economic viability of the applicant or applicants;

(2) the operating experience of the applicant or applicants;

(3) the regulatory compliance and conduct of the applicant or applicants; and

(4) the impact of the applicant's or applicants' proposed simulcasting on live racing and on purses at the racetrack facility.

(c) Upon receipt of a written request from an organization licensee, any facility owner, a recognized horsemen's group, or recognized greyhound group to submit a simulcasting dispute to the commission for determination pursuant to K.S.A. 74-8836(k), such proceedings shall be conducted by the commission in accordance with the Kansas administrative procedure act.

Kan. Admin. Regs. § 112-18-3

Authorized by and implementing K.S.A. 1996 Supp. 74-8804; effective, T-112-4-27-92, April 27, 1992; effective, T-112-9-10-92, Sept. 10, 1992; effective Nov. 23, 1992; amended July 25, 1997.