Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

58 Pa. Code § 441a.22. Category 1 slot machine licensees.

§ 441a.22. Category 1 slot machine licensees.

 (a)  A Category 1 license, including a Conditional Category 1 license, may be issued to any qualifying legal business entity within an organization, if a legal business entity within the organization has been approved or issued a license from either the State Horse Racing Commission or the State Harness Racing Commission to conduct thoroughbred or harness race meetings. If a Category 1 license is issued to a legal business entity within an organization, the requirements, duties and obligations imposed by this part or the act on the licensed racing entity or a licensed racetrack shall be deemed to be requirements imposed on any legal business entity within the organization that has been approved or issued a Category 1 license. If more than one licensed racing entity, on July 5, 2004, was conducting a racing meet at the same licensed racetrack where an organization has been issued a Category 1 slot machine license, section 1303 of the act (relating to additional category 1 slot machine license requirements) applies to each licensed racing entity at the licensed racetrack.

 (b)  If a Category 1 license is issued to a legal business entity in an organization, any legal business entity within the organization that has been approved or issued a Category 1 license shall be responsible for, in particular, but not limited to, complying with:

   (1)  Section 1404 of the act (relating to distributions from licensee’s revenue receipts).

   (2)  Section 1405 of the act (relating to Pennsylvania Race Horse Development Fund).

   (3)  Distribution allocations received from the Pennsylvania Race Horse Development Fund under section 1406 of the act (relating to distributions from Pennsylvania Race Horse Development Fund).

     (i)   Funds designated for purses under section 1406(a)(1)(i) of the act shall be deposited into an account established by and for the benefit of the horsemen by the close of the next business day following the receipt of the funds from the Commonwealth.

     (ii)   Funds designated for health and pension benefits under section 1406(a)(1)(iii) of the act shall be deposited into an account established under the rules and regulations of the horsemen’s organization by the close of the next business day following the receipt of the funds from the Commonwealth.

 (c)  A Category 1 slot machine licensee or management company shall file with the Board no later than the 20th day of the month following the end of each calendar quarter, the following reports:

   (1)  Quarterly Report of Funds Received from the Pennsylvania Racehorse Development Fund.

   (2)  Quarterly Report of Funds Distributed for Purses under section 4 Pa.C.S. §  1406(a)(1)(i) of the act.

   (3)  Quarterly Report of Funds Distributed for Health and Pension Benefits under section 1406(a)(1)(iii) of the act.

   (4)  Quarterly Report of Expenditures for Backside Improvements.

 (d)  A Category 1 slot machine licensee or management company shall file a report of planned future improvements to the licensed racetrack backside area with the Board no later than the 30 days following the end of each calendar year. The report must include:

   (1)  A list of the improvements to be undertaken over the next 3 years.

   (2)  The projected start date and completion date of each improvement.

   (3)  The estimated cost of each improvement.

 (e)  The Board may request interim versions of the reports in subsections (c) and (d) from a Category 1 slot machine licensee or management company.

Authority

   The provisions of this §  441a.22 amended under 4 Pa.C.S. §  1202(b)(30), 1311, 1311.1, 1311.2, 1321 and 1406.

Source

   The provisions of this §  441a.22 amended December 11, 2009, effective December 12, 2009, 39 Pa.B. 7010. Immediately preceding text appears at serial pages (338620) to (338621).



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