Section R19-2-415. Approval of Additional Wagering Facilities; Plan of Operation; Renewal or Approval of Additional Wager- ing Facilities

A.      A teletrack wagering permittee shall request approval from and submit a plan of operation to the Commission for each additional teletrack wagering facility. The Commission shall issue a permit for an additional wagering facility for no more than three years.

B.       The teletrack wagering permittee shall include the following in the plan of operation regarding the additional teletrack wager- ing facility:

1.        A feasibility study that estimates both gross revenue from the teletrack facility and estimated costs to operate the facility. The feasibility study shall include:

a.         Types of wagering to be offered and the hours during which pari-mutuel windows will be in opera- tion,

b.        Level of anticipated wagering activity,

c.         Source and amount of revenues needed for financing the teletrack wagering operation,

d.        Proof of financial stability and assets sufficient to cover projected costs, and

e.         Estimate of the total amount of anticipated revenues to be paid to the state resulting from teletrack wager- ing operations;

2.        The following information regarding any group, conces- sion, or contract related to the teletrack wagering opera- tion whether within or outside of Arizona unless the information is already on record with the Department:

a.         Listing and background of the management groups responsible for operation of the facility;

b.        Name of all individuals who own at least 10 percent of the facility; and

c.         Other information that, in the Director’s judgment, is or may be material, such as information pertaining to financial background and persons associated with the parties to the contract;

3.        Measures to be employed by the teletrack wagering per- mittee to protect the facility, employees, public, and wagering dollars;

4.        Location of the teletrack wagering facility;

5.        Proof that approval for use of the facility to handle pari- mutuel wagering has been given by the governing body of the city or town or by the board of supervisors, if the facility is located in an unincorporated area; and

6.        Building plans and specifications that demonstrate suffi- cient area for patrons to handicap the races and reason- able access by individuals with a disability.

C.      Approval and amendments. The requirements in R19-2- 414(C) apply.

D.      Renewal. When a teletrack wagering permittee makes applica- tion to renew the teletrack wagering permit, the permittee shall provide the Department a list of its existing additional tele- track wagering facilities. When the Director approves renewal of the teletrack wagering permit, the Director may approve:

1.        Renewal of the existing additional teletrack wagering facilities, and

2.        The permittee’s application to begin operation at a tele- track wagering facility previously approved by the Com- mission and currently used by another permittee.

E.       After the Commission approves an additional teletrack wager- ing facility, the permittee shall not open the additional facility for business for five working days or until all licensing requirements are satisfied. If the necessary licensing require- ments are completed in less than five working days, the Direc- tor may waive the remaining days.

Historical Note

Section made by exempt rulemaking at 20 A.A.R. 2874, effective October 10, 2014 (Supp. 14-4).