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Additional Category 1 slot machine license requirements - 4 Pa. Cons. Stat. § 1303

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     § 1303.  Additional Category 1 slot machine license
                requirements.
        (a)  Eligibility.--In addition to the criteria prescribed in
     section 1302 (relating to Category 1 slot machine license), an
     applicant for a Category 1 slot machine license shall be
     eligible for a license to place and operate slot machines at a
     licensed facility only if the applicant meets one of the
     following criteria:
            (1)  the licensed racing entity or its predecessor owner
        of the licensed racetrack has conducted live horse races for
        not less than two years immediately preceding the effective
        date of this part; or
            (2)  the licensed racing entity has not previously
        conducted live racing at a racetrack but will conduct live
        racing for a minimum of 150 days to begin in the year which
        begins two years following the issuance of its slot machine
        license for the racetrack unless the appropriate commission
        determines, upon application, that it is not practically
        feasible for the licensed racing entity to conduct live
        racing for a minimum of 150 days due to projected or actual
        weather conditions. Failure to meet the required minimum
        number of days will result in immediate suspension of the
        slot machine license.
        (b)  Required racing days.--Except as provided in subsection
     (a)(2), a Category 1 slot machine licensee must conduct live
     racing at the racetrack for at least 100 days per calendar year
     for each license held by the licensed racing entity pursuant to
     the Race Horse Industry Reform Act, and the aggregate number of
     live racing days at the racetrack where the Category 1 slot
     machine licensee conducts live racing shall not be less than 95%
     of the total number of horse or harness racing days that were
     scheduled in 1986 at that racetrack. If a racing day is canceled
     for reasons beyond the control of the licensed racing entity,
     the appropriate commission shall grant the licensee the right to
     conduct that racing day in the same or next ensuing calendar
     year. The purse for that racing day shall not be used for the
     purse of other scheduled racing days of that calendar year and
     must be used for the purse of such rescheduled day.
        (c)  Limitations.--The issuance of a Category 1 slot machine
     license shall entitle the licensee to operate slot machines only
     within the grounds of a licensed racetrack.
        (d)  Authorization.--Authorization for a Category 1 slot
     machine licensee to continue the operation of slot machines
     shall be limited to those licensees that:
            (1)  Have a written live racing agreement with a
        horsemen's organization representing a majority of owners and
        trainers at the racetrack where the licensed racing entity
        conducts live racing.
            (2)  Have 95% of the total number of horse or harness
        racing days that were scheduled in 1986 by it or its
        predecessor at the racetrack where the Category 1 slot
        machine licensee conducts live racing, and the aggregate
        number of live racing days at the racetrack where the
        Category 1 slot machine licensee conducts live racing shall
        not be less than 95% of the total number of horse or harness
        racing days that were scheduled in 1986 at that racetrack. A
        new licensee which opens a new racetrack and which will
        successfully conduct live racing for a minimum of 150 days to
        begin no later than in the year which begins two years
        following the issuance of its slot machine license for the
        racetrack, unless the appropriate commission determines upon
        application that it is not practically feasible for the
        licensed racing entity to conduct live racing for a minimum
        of 150 days due to projected or actual weather conditions,
        shall be allowed to operate slot machines, from the date its
        slot machine license is issued and intrastate and interstate
        simulcast in accordance with the Race Horse Industry Reform
        Act, from the first day of the calendar year in which it
        conducts live racing days.
            (3)  Unless the horsemen's organization representing a
        majority of the owners and trainers consents to a lower
        number of required racing days at the racetrack, subject to
        actions or activities beyond the control of the licensee,
        conduct not fewer than eight live races per race date during
        each meet at the racetrack where the licensed racing entity
        conducts live racing, except for thoroughbred tracks on the
        day designated as a Breeder's Cup event day when the licensed
        racing entity shall hold a minimum of five live races. The
        Category 1 slot machine licensee shall not waive or modify
        the provisions pertaining to the required number of racing
        days under paragraph (2) and races per day scheduled in this
        paragraph without the consent of the horsemen's organization
        representing a majority of owners and trainers at the
        racetrack.
            (4)  Notwithstanding the provisions of paragraph (1), in
        the event that a written live racing agreement has not been
        entered into, permission for any licensee to operate slot
        machines at racetracks shall be granted provided that the
        Category 1 slot machine licensee has continued to conduct
        live racing in accordance with paragraphs (2) and (3) and
        keeps its racetrack open to the general population of owners,
        trainers and horses stabled there for training and stabling
        on a regular basis, when it is normally open for live racing
        and during such periods, and continues to comply with all
        provisions of the most recently expired live racing
        agreement, including recognition of the then existing
        horsemen's organization at each such racetrack as the sole
        representative of the horsemen at that time, and pays purses
        as defined in the most recently expired live racing agreement
        plus the applicable purse revenue distributed to licensed
        racing entities from the operation of slot machines under
        this part. Nothing in this part shall exempt an existing or
        future licensed racetrack from the requirements of the Race
        Horse Industry Reform Act requiring a licensed corporation to
        have a written and unexpired live racing agreement with the
        horsemen's organization representing a majority of owners and
        trainers at the racetrack where the licensed corporation
        conducts or will conduct live racing dates in order to
        continue or commence any form of simulcasting.
            (5)  Notwithstanding any other provision of the law to
        the contrary, account wagers authorized pursuant to section
        218(b) of the Race Horse Industry Reform Act shall only be
        accepted by a licensed corporation in accordance with the
        provisions of the Race Horse Industry Reform Act, and no
        entity that is not a licensed corporation under that act
        shall accept an account wager from any person within this
        Commonwealth.

        Cross References.  Section 1303 is referred to in sections
     1302, 1330 of this title.

Last modified: November 27, 2007