2012 Kentucky Revised Statutes CHAPTER 230 HORSE RACING AND SHOWING 230.380 Simulcast facilities -- Restrictions and prohibitions -- Tax implications -- Percentage of wagers to local economic development -- Commissions -- Report on money expended.
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230.380 Simulcast facilities -- Restrictions and prohibitions -- Tax implications -Percentage of wagers to local economic development -- Commissions -- Report
on money expended.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Any track licensed by the racing commission to conduct horse racing and desiring to
establish a simulcast facility shall apply for and may receive approval from the
racing commission for each simulcast facility. Prior to considering an application
for approval of a simulcast facility, the racing commission shall notify by regular
mail, each state senator, state representative, county judge/executive, and mayor in
the jurisdiction in which the proposed simulcast facility is located, at least ten (10)
days in advance of the racing commission meeting at which the application is to be
considered or voted upon. Consideration of an application shall be based on criteria
contained in administrative regulations promulgated under KRS 230.300. Approval,
if granted, shall be granted for a term of one (1) calendar year.
A track or tracks may proceed with the establishment of a simulcast facility unless,
within sixty (60) days of the date on which the racing commission approved the
facility, the governing body of the local government jurisdiction in which the
facility is to be located votes, by simple majority of those voting, to disapprove the
establishment of the simulcast facility. For the purposes of this section, "governing
body" means, in an incorporated area, the board of aldermen, city council or board
of commissioners; in a county, the fiscal court; in an urban-county government, the
urban-county council, or in a charter county, the legislative body created in
accordance with KRS 67.825 to 67.875.
The racing commission shall not approve the establishment of any simulcast facility
within a radius of fifty (50) miles of a licensed track. The racing commission may
approve the establishment of one (1) simulcast facility within a radius of greater
than fifty (50) miles but less than seventy-five (75) miles of a licensed track, but the
facility shall not be approved to operate without the prior written consent of the
licensed track within whose seventy-five (75) mile radius the facility is located.
The racing commission may promulgate administrative regulations as it deems
appropriate to protect the integrity of pari-mutuel wagering at any simulcast facility.
Licensed tracks conducting horse racing may enter into joint agreements to establish
or operate one (1) or more simulcast facilities, on terms and conditions as the
participating tracks may determine. Any agreements respecting these arrangements
shall be filed with the racing commission, and applications for simulcast facilities
shall be filed by and licenses may be issued to, these licensed tracks by the racing
commission.
A simulcast facility may be established and operated on property that is owned or
leased and which is not used solely for the operation of a simulcast facility;
provided however, that a simulcast facility may not be established on the premises
of a lottery vendor.
A simulcast facility shall not be subject to and shall not pay any excise tax imposed
pursuant to KRS 138.510, any license tax imposed under KRS 137.170, or any
admission tax imposed under KRS 138.480.
(8)
One percent (1%) of all moneys wagered at a simulcast facility shall be dedicated
for local economic development and shall be allocated as follows:
(a) If a simulcast facility is located in an incorporated area, seventy-five percent
(75%) shall be allocated to the governing body of the city in which the facility
is located, and twenty-five percent (25%) to the governing body of the county
in which the facility is located.
(b) If a simulcast facility is located in an unincorporated area, all moneys shall be
allocated to the governing body of the county or charter county in which the
facility is located.
(9) (a) After the deduction of moneys under subsection (8), simulcast facility shall
deduct a commission allowed under KRS 230.3615 with respect to all wagers
made at the simulcast facility. The commission, less moneys allocated in
subsection (8) of this section, shall be split as follows:
1.
Thirty percent (30%) shall be allocated to the host track;
2.
Forty-six and one-half percent (46.5%) to the purse program at the host
track;
3.
Thirteen and one-half percent (13.5%) to be retained by the track or
tracks owning the simulcast facility for the purpose of application to
expenses incurred in connection therewith;
4.
Six percent (6%) to be allocated to the Kentucky Thoroughbred Owners
and Breeders, Inc., to be expended as follows:
a.
Up to three percent (3%) for capital improvements and promotion
of off-track betting; and
b.
The remainder for marketing and promoting the Kentucky
Thoroughbred industry; and
5.
Four percent (4%) to be allocated to the racing commission to be used
for purses at county fairs in Kentucky licensed and approved by the
racing commission, and for the standardbred sires stakes program
established under KRS 230.770.
(b) The commission of a simulcast facility derived from interstate wagering shall
be reduced by any amounts required to be paid by contract to the host track or
track conducting the live race before it is divided as set forth in this section.
No simulcast facility may receive any interstate simulcast except with the
approval of the live Kentucky host track.
(c) The Kentucky Thoroughbred Owners and Breeders, Inc., shall annually report
to the racing commission on all money expended in accordance with
subsection (9)(a)4. of this section. The report shall be in the form required,
and provide all information required by the racing commission.
(10) Subsections (1) and (2) of this section shall also apply to the establishment by a
track of a noncontiguous facility in a county in which pari-mutuel racing and
wagering is not being conducted. Subsection (8) of this section shall also apply to a
noncontiguous race track facility referenced in this subsection, unless there is a
written agreement to the contrary between the track establishing the facility and the
governing body of the local government jurisdiction in which the facility is to be
established.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 481, effective July 15, 2010. -- Amended
2004 Ky. Acts ch. 191, sec. 37, effective July 13, 2004. -- Amended 2000 Ky. Acts
ch. 447, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 237, sec. 1,
effective July 15, 1998. -- Created 1992 Ky. Acts ch. 109, sec. 2, effective March 30,
1992.
Legislative Research Commission Note (7/15/98). Under KRS 7.136(1)(e), a reference
to the former KRS 138.515 in subsection (9)(a) of this statute has been changed to
KRS 230.3615 because of 1992 Ky. Acts ch. 109, sec. 8.
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