Administrative Code

Virginia Administrative Code
12/1/2020

Chapter 40. Satellite Facilities

Part I
General Provisions

11VAC10-40-10. Definitions.

The following words and terms, when used in these regulations, shall have the following meaning, unless the context clearly indicates otherwise:

"Commission" means the Virginia Racing Commission.

"Licensee" includes any person holding an owner's or operator's license under Article 2 (§ 59.1-375 et seq.) of Chapter 29 of Title 59.1 of the Code of Virginia.

"Satellite facility" means all areas of the property at which simulcast horse racing is received for the purposes of pari-mutuel wagering, and any additional areas designated by the commission.

"Simulcast horse racing" means the simultaneous transmission of the audio or video portion, or both, of horse races from a licensed horse racetrack or satellite facility to another licensed horse racetrack or satellite facility, regardless of state of licensure, whether such races originate within the Commonwealth or any other jurisdiction, by satellite communication devices, television cables, telephone lines, or any other means for the purposes of conducting pari-mutuel wagering.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 1.1, eff. March 23, 1994; amended, Volume 31, Issue 25, eff. September 9, 2015.

11VAC10-40-20. Generally.

The commission is authorized to issue licenses for satellite facilities for the promotion, sustenance and growth of a native industry, in a manner consistent with the health, safety and welfare of the people. The operation of satellite facilities shall be conducted so as to maintain horse racing in the Commonwealth of Virginia of the highest quality and free of any corrupt, incompetent, dishonest or unprincipled practices and to maintain in horse racing complete honesty and integrity.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 1.2, eff. March 23, 1994.

11VAC10-40-30. Local referendum.

The commission shall not grant a license to own or operate a satellite facility until a referendum approving the question is held in the county or city in which the satellite facility is to be located.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 1.3, eff. March 23, 1994.

11VAC10-40-40. Observance of regulations.

The holder of a license to own or operate a satellite facility shall be charged with the same duties and responsibilities as are the holders of unlimited licenses with respect to the observance and enforcement of the act and the regulations of the commission.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 1.4, eff. March 23, 1994.

11VAC10-40-50. Interstate Horse Racing Act.

The conduct of simulcast horse racing must comply with the provisions of the Interstate Horse Racing Act of 1978 (15 USC § 3001 et seq.).

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 1.5, eff. March 23, 1994.

11VAC10-40-60. Majority ownership.

The commission shall require that the majority ownership of satellite facilities be restricted to an entity licensed by the commission that is (i) a significant infrastructure limited licensee or (ii) the nonprofit industry stakeholder organization recognized by the commission if by August 1, 2015, there is no significant infrastructure limited licensee or a pending application for such license. After the issuance of a license to own or operate a satellite facility to the nonprofit industry stakeholder organization, if the commission grants a license to a significant infrastructure limited licensee pursuant to § 59.1-376 of the Code of Virginia, then such limited licensee may own or operate the remaining available satellite facilities authorized in accordance with this section. In no event shall the commission authorize any such entities to own or operate more than a combined total of 10 satellite facilities. Nothing in this chapter shall be deemed to preclude private local ownership or participation in any satellite facility.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 1.6, eff. March 23, 1994; amended, Volume 31, Issue 25, eff. September 9, 2015.

11VAC10-40-70. Approval of simulcasting contracts.

Any contractual agreement between a licensee and other entities concerning simulcast horse racing is subject to the approval of the commission.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 1.7, eff. March 23, 1994.

11VAC10-40-80. Disclosure of contracts.

Each licensee upon request shall provide to the commission copies of all contracts entered into by the licensee relating to the operation of a satellite facility.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 1.8, eff. March 23, 1994.

11VAC10-40-90. Restrictions on wagering.

Wagering on simulcast horse racing shall take place only at a licensed horse racetrack or satellite facility.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 1.9, eff. March 23, 1994.

11VAC10-40-100. Permits required.

All racing officials employed in a satellite facility shall apply for permits under the provisions of 11VAC10-50-10 et seq. All participants employed in a satellite facility shall apply for permits under the provisions of 11VAC10-60-10 et seq.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 1.10, eff. March 23, 1994.

Part II
Application for a License

11VAC10-40-110. Where to file application.

An applicant for a license to own or operate a satellite facility shall submit an application on a form, prepared by the commission, to the main office of the commission. The application shall be submitted either by certified mail or hand delivered.

1. An application to be sent by certified mail shall be addressed to:

Executive Secretary

Virginia Racing Commission

Post Office Box 1123

Richmond, VA 23218

2. An application to be hand delivered shall be delivered to the Executive Secretary, Virginia Racing Commission at the commission's office in Richmond, Virginia.

3. Delivery to other than the commission's main office is not acceptable.

4. The applicant assumes full responsibility for the method chosen to deliver the application.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 2.1, eff. March 23, 1994.

11VAC10-40-120. Application fee.

An applicant for a license to own or operate a satellite facility must submit a nonrefundable application fee to the commission's designee at the time of application by a certified check or bank draft to the order of the Commonwealth of Virginia in the amount of $500. In the event the cost of the background investigation exceeds the application fee, the applicant must remit the amount of the difference by certified check or bank draft within 10 days after receipt of a bill from the commission.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 2.2, eff. March 23, 1994.

11VAC10-40-130. Identification of applicant for a license.

An application for a license to own or operate a satellite facility shall include the name, address and telephone number of the applicant, and the name, position, address, telephone number and authorized signature of an individual to whom the commission may make inquiry.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 2.3, eff. March 23, 1994.

11VAC10-40-140. Applicant's affidavit.

An application for a license shall include an affidavit from the chief executive officer, director, officer or other participant in the applicant setting forth:

1. That the application is made for a license to own or operate a satellite wagering facility at which pari-mutuel wagering on horse racing is conducted;

2. That the affiant is the agent of the applicant, its owners, partners, members, directors, officers and personnel, and is duly authorized to make the representations in the application on their behalf. Documentation of the authority must be attached;

3. That the applicant seeks a grant of privilege from the Commonwealth of Virginia, and the burden of proving the applicant's qualifications rests at all times with the applicant;

4. That the applicant consents to inquiries by the Commonwealth of Virginia and the commission into the financial, character and other qualifications of the applicant by contacting individuals and organizations;

5. That the applicant, its owners, partners, members, directors, officers, and personnel accept any risk of adverse public notice, embarrassment, criticism, or other circumstance, including financial loss, which may result from action with respect to the application and expressly waive any claim which otherwise could be made against the Commonwealth of Virginia, its employees, the commission, staff or agents;

6. That the affiant has read the application and knows the contents; the contents are true to the affiant's own knowledge, except matters therein stated as information and belief; as to those matters, the affiant believes them to be true;

7. That the applicant recognizes all representations in the application are binding on it, and false or misleading information in the application, omission of required information, or substantial deviation from representations in the application may result in denial, revocation or conditioning of a license or imposition of a fine, or any or all of the foregoing;

8. That the applicant will comply with all applicable local, state and federal statutes, regulations and ordinances;

9. The affiant's signature, name, organization, position, address, and telephone number; and

10. The date.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 2.4, eff. March 23, 1994.

11VAC10-40-150. Disclosure of ownership and control.

An applicant must disclose, if not already a licensee of the commission:

1. The type of organizational structure of the applicant, whether individual, business corporation, nonprofit corporation, partnership, joint venture, trust, association, or other;

2. If the applicant is an individual, the applicant's legal name, whether the applicant is a United States citizen, any aliases and business or trade names currently or previously used by the applicant, and copies of all state and federal tax returns for the past five years;

3. If the applicant is a corporation:

a. The applicant's full corporate name and any trade names currently or previously used by the applicant;

b. The jurisdiction and date of incorporation;

c. The date the applicant began doing business in Virginia and a copy of the applicant's certificate of authority to do business in Virginia;

d. Copies of the applicant's articles of incorporation, bylaws, and all state and federal corporate tax returns for the past five years;

e. The general nature of the applicant's business;

f. Whether the applicant is publicly held as defined by the rules and regulations of the Securities and Exchange Commission;

g. The classes of stock of the applicant. As to each class, the number of shares authorized, number of shares subscribed to, number issued, number outstanding, par value per share, issue price, current market price, number of shareholders, terms, position, rights, and privileges must be disclosed;

h. Whether the applicant has any other obligations or securities authorized or outstanding which bear voting rights either absolutely or upon any contingency, the nature thereof, face or par value, number of units authorized, number outstanding, and conditions under which they may be voted;

i. The names, in alphabetical order, and addresses of the directors and, in a separate list, officers of the applicant. The number of shares held of record directly or indirectly by each director and officer as of the application date of each class of stock, including stock options and subscriptions, and units held of record or beneficially of other obligations or securities which bear voting rights must be disclosed;

j. The names, in alphabetical order, and addresses of each recordholder as of the date of application or beneficial owner of shares, including stock options and subscriptions, of the applicant or units of other obligations or securities which bear voting rights. As to each holder of shares or units, the number and class or type of shares or units must be disclosed;

k. Whether the requirements of the Securities Act of 1933 and Securities and Exchange Act of 1934, as amended, and Securities and Exchange Commission rules and regulations have been met in connection with issuance of applicant's securities, and copies of the most recent registration statement and annual report filed with the Securities and Exchange Commission;

l. Whether the securities registration and filing requirements of the applicant's jurisdiction of incorporation have been met, and a copy of the most recent registration statement filed with the securities regulator in that jurisdiction; and

m. Whether the securities registration and filing requirements of the Commonwealth of Virginia have been met. If they have not, the applicant must disclose the reasons why. The applicant must provide copies of all securities filings with Virginia's State Corporation Commission during the past five years;

4. If the applicant is an organization other than a corporation:

a. The applicant's full name and any aliases, business, or trade names currently or previously used by the applicant;

b. The jurisdiction of organization of the applicant;

c. The date the applicant began doing business in Virginia;

d. Copies of any agreements creating or governing the applicant's organization and all of the applicant's state and federal tax returns for the past five years;

e. The general nature of the applicant's business;

f. The names, in alphabetical order, and addresses of any partners and officers of the applicant and other persons who have or share policymaking authority. As to each, the applicant must disclose the nature and extent of any ownership interest, direct or indirect, including options, or other voting interest, whether absolute or contingent, in the applicant; and

g. The names, in alphabetical order, and addresses of any individual or other entity holding a record or beneficial ownership interest, direct or indirect, including options, as of the date of the application, or other voting interest, whether absolute or contingent, in the applicant. As to each, the applicant must disclose the nature and extent of the interest;

5. If a nonindividual record or nonindividual beneficial holder of an ownership or other voting interest of 5.0% or more in the applicant is identified pursuant to subdivision 3 i or j, or subdivision 4 f and g, the applicant shall disclose the information required by those subdivisions as to record or beneficial holders of an ownership or voting interest of 5.0% or more in that nonindividual holder. The commission shall have the right to inquire for further disclosure of the applicant as it deems necessary. When an applicant is unable to provide the information required, it shall explain fully and document its inability to do so;

6. Whether the applicant is directly or indirectly controlled to any extent or in any manner by another individual or entity. If so, the applicant must disclose the identity of the controlling entity and a description of the nature and extent of control;

7. Any agreements or understandings which the applicant or any individual or entity identified pursuant to this section has entered into regarding ownership or operation of the applicant's satellite facility, and copies of any such agreements in writing;

8. Any agreements or understandings which the applicant has entered into for the payment of fees, rents, salaries, or other compensation concerning the proposed satellite facility by the applicant, and copies of any such agreements in writing; and

9. Whether the applicant, any partner, director, officer, other policymaker, or holder of a direct or indirect record or beneficial ownership interest or other voting interest or control of 5.0% or more has held or holds a license or permit issued by any governmental authority to own or operate a horse racing facility, pari-mutuel wagering facility or any other form of gambling or has a financial interest in such an enterprise or conducts any aspect of horse racing or gambling. If so, the applicant must disclose the identity of the license or permit holder, nature of the license or permit, issuing authority, and dates of issuance and termination.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 2.5, eff. March 23, 1994.

11VAC10-40-160. Disclosure of character information.

Unless the applicant for a license is already a licensee or holder of a permit from the commission, the applicant shall disclose and furnish particulars regarding whether the applicant or any individual or other entity identified pursuant to 11VAC10-40-150 or 11VAC10-40-220 of this chapter or a lease holder of the site of the facility has:

1. Been charged in any criminal proceeding other than in connection with a traffic violation. If so, the applicant must disclose the nature of the charge, the date charged, court and disposition;

2. Had a horse racing, gambling, business, professional, or occupational license or permit revoked or suspended or renewal denied or been a party in a proceeding to do so. If so, the applicant must disclose the date of commencement, circumstances and disposition;

3. Been accused in an administrative or judicial proceeding of violating a statute or regulation relating to horse racing or gambling;

4. Been charged in an administrative or judicial proceeding of violating a statute or regulation relating to unfair labor practices or discrimination;

5. Begun an administrative or judicial action against a governmental regulator of horse racing or gambling. If so, the applicant must disclose the date of commencement, forum, circumstances and disposition;

6. Been the subject of voluntary or involuntary bankruptcy proceedings. If so, the applicant must disclose the date of commencement, forum, circumstances, date of decision and disposition;

7. Failed to satisfy any judgment, decree or order of an administrative or judicial tribunal. If so, the applicant must disclose the date and circumstances; and

8. Been delinquent in filing a tax return required or remitting a tax imposed by any government. If so, the applicant must disclose the date and circumstances.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 2.6, eff. March 23, 1994.

11VAC10-40-170. Disclosure of site and facilities.

An applicant for a license must disclose with respect to the satellite facility:

1. The address of the facility, ownership of the site for the last three years, legal description, mortgagors, proof of title insurance, its size and geographical location, including reference to county and municipal boundaries;

2. A site map showing parking facilities, highways and streets adjacent to the facility, and separately showing any proposed highways and streets adjacent to the facility that are under construction, including their scheduled completion dates;

3. A description of the satellite facility, including portions of the facility not used for pari-mutuel wagering, giving:

a. Total capacity;

b. Total number of square feet;

c. Dimensions of the facility;

d. Configuration of the viewing, dining and concession facilities with the facility;

e. Approximate location of mutuel windows and cash security areas;

f. Description of the wagering equipment, including vendor and manufacturer, if known; and

g. Preliminary architectural plans of the interior and exterior of the facility, if the proposed facility is to be constructed by the licensee.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 2.7, eff. March 23, 1994.

11VAC10-40-180. Disclosure of development process.

An applicant for a license may propose to lease, acquire or construct premises for each satellite facility. Such premises may be adjacent to or located within other businesses including but not limited to hotels and restaurants. Further, an applicant for a license must disclose with regard to the development of the satellite facility:

1. If the facility is to be constructed, the total cost of construction of the facility distinguishing between known costs and projected cost;

2. Separate identification of the following costs:

a. Facility design;

b. Site acquisition or rental costs;

c. Satellite reception and video equipment; and

d. Organizational, administrative, accounting and legal.

3. Documentation of the nature of interim financing, if any, and the nature of permanent financing, if any;

4. Documentation of fixed costs;

5. The schedule for construction, acquisition or leasing of the facility, giving, as the case may be:

a. Acquiring or leasing the site;

b. Soliciting bids;

c. Zoning and construction permit approval;

d. Awarding construction contracts;

e. Beginning construction;

f. Completing construction;

g. Training staff; and

h. Beginning of operation;

6. Schematic drawings;

7. Copies of contracts, if any, with performance bonds from the:

a. Architect or other design professional;

b. Project engineer;

c. Construction engineer;

d. Contractors and subcontractors; and

e. Equipment procurement personnel;

8. Whether the site has been acquired or leased by the applicant; and

9. Whether present planning envisions future expansion of the facility.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 2.8, eff. March 23, 1994.

11VAC10-40-190. Disclosure of financial resources.

An applicant for a license must provide the following with regard to financial resources:

1. Unless the applicant is already the holder of a license from the commission, the applicant shall submit the most recently audited financial statement showing:

a. The applicant's current assets, including investments in affiliated entities, loans and accounts receivable;

b. Fixed assets;

c. Current liabilities, including loans and accounts payable;

d. Long-term debt and equity;

e. Contingent tax liability; and

f. Statement of income and expenses, and statement of cash flow.

2. Equity and debt sources of funds to develop, own and operate a satellite facility:

a. With respect to each source of equity:

(1) Identification of the source;

(2) Amount;

(3) Form;

(4) Method of payment;

(5) Nature and amount of present commitment; and

(6) Documentation, copies of agreements and actions which the applicant will take to obtain commitments for additional amounts.

b. With respect to each source of debt:

(1) Identification of the source;

(2) Amount;

(3) Terms of debt;

(4) Collateral;

(5) Identity of guarantors;

(6) Nature and amount of commitments; and

(7) Documentation, copies of agreements and actions the applicant will take to obtain commitments for additional amounts.

3. Identification and description of sources of additional funds needed due to cost overruns, nonreceipt of expected equity or debt funds, failure to achieve projected revenues or other cause.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 2.9, eff. March 23, 1994.

11VAC10-40-200. Disclosure of financial plan.

An applicant for a license shall submit detailed financial projections for the operation of the satellite facility at the location that includes financing and income, expenses, profits or losses. The applicant shall include projections for purse money, the Virginia Breeders Fund, revenue to the Commonwealth and localities. The applicant shall also include the basis for the projections.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 2.10, eff. March 23, 1994.

11VAC10-40-210. Disclosure of governmental actions.

An applicant for a license must disclose whether it is in compliance with all state statutes, local charter provisions, local ordinances, and state and local regulations pertaining to the development, ownership and operation of the satellite facility. If the applicant is not in compliance, the applicant must disclose the reasons why the applicant is not in compliance and summarize plans to obtain compliance.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 2.11, eff. March 23, 1994.

11VAC10-40-220. Disclosure of management.

An applicant for a license must disclose with regard to the management of the satellite facility:

1. A description of the applicant's management plan, with budget and identification of management personnel by function, job description and qualifications for each management position, and a copy of the organization chart;

2. Management personnel to the extent known and with respect to each:

a. Legal name, alias or aliases and previous name or names;

b. Current residence and business addresses and telephone numbers;

c. Qualifications and experience in the following areas:

(1) General business;

(2) Marketing, promotion and advertising;

(3) Finance and accounting;

(4) Horse racing;

(5) Pari-mutuel wagering;

(6) Security; and

(7) Operation of satellite wagering facilities;

d. Description of the terms and conditions of employment and each applicant upon request shall provide to the commission a copy of each form of agreement;

3. Consultants and other contractors who have provided or will provide management-related services to the applicant and with respect to each:

a. Full name;

b. Current address and telephone number;

c. Nature of services;

d. Qualifications and experience; and

e. Description of terms and conditions of each contractor's agreement and a copy of the agreement;

4. Memberships of the applicant, management personnel and consultants in horse racing organizations;

5. Description of the applicant's marketing, promotion and advertising plans;

6. A description of the applicant's plan for concessions, including whether the licensee will operate the concessions and, if not who will; and

7. A description of training of the applicant's personnel.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 2.12, eff. March 23, 1994.

11VAC10-40-230. Disclosure of affirmative action plan.

An applicant for a license shall develop and disclose a plan to be in compliance with all laws pertaining to discrimination, equal employment and affirmative action; policies regarding recruitment, use and advancement of minorities; policies with respect to minority contracting; and a copy of the Equal Employment Opportunity statement. Such disclosure shall include, but not be limited to, a general policy statement, goals, objectives and strategies for ensuring that the licensee is in compliance with all relevant laws.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 2.13, eff. March 23, 1994.

11VAC10-40-240. Disclosure of lease.

If the applicant leases the site of the satellite facility, the applicant shall submit copies of any leasing agreement, and any other arrangements for the use of the facility between the applicant and the owner of the facility.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 2.14, eff. March 23, 1994.

11VAC10-40-250. Disclosure of safety and security plans.

An applicant for a license must disclose with regard to the development of the satellite facility the emergency services available; the fire, safety and security equipment and procedures; the security personnel to be employed; and a plan for uniform identification of employees, enabling customers to generally identify the function of each except undercover security personnel who shall carry a badge cleared with its local police jurisdiction. The disclosure shall include a description of the internal accounting controls to create cross checks and balances in order to safeguard assets and detect fraud and embezzlement.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 2.15, eff. March 23, 1994.

11VAC10-40-260. Disclosure of impact of the satellite facility.

An applicant for a license must disclose and document the projected impact of satellite facility, including:

1. Economic impact, giving:

a. Number of jobs created, permanent or temporary, type of work, compensation, employer, gender, and race;

b. Purchases of goods and services, types of purchases, and projected expenditures;

c. Public investment and private investment; and

d. State tax revenues generated and local tax revenues generated;

2. Environmental impact;

3. Impact on energy conservation and development of alternative energy sources; and

4. Social impact on the community in which the facility would be located.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 2.16, eff. March 23, 1994.

11VAC10-40-270. Disclosure of assistance in preparation of application.

An applicant must disclose the name, addresses and telephone numbers of individuals and businesses who assisted the applicant in the completion of its application and supply copies of all studies completed for the applicant.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 2.17, eff. March 23, 1994.

11VAC10-40-280. Personal information and authorization for release.

In an application for a license, the applicant shall include the following with respect to each individual identified as an applicant, partner, director, officer, other policymaker, or holder of a direct or indirect record or beneficial ownership interest or other voting interest or control of 5.0% or more in the applicant, any lease holder of a site of satellite facility, and each individual identified pursuant to subdivisions 2 and 3 of 11VAC10- 40-220.

1. Full name, business and residence addresses, and telephone numbers, residence addresses for the past five years, date of birth, place of birth, social security number if the individual is willing to provide it, and two references; and

2. An authorization for release of personal information, on a form prepared by the commission, signed by the individual providing that he:

a. Authorizes a review by, and full disclosure to the Federal Bureau of Investigation, an agent of the Virginia State Police, of all records concerning the individual;

b. Recognizes the information reviewed or disclosed may be used by the Commonwealth of Virginia and the commission to determine the individual's qualifications for a license; and

c. Releases authorized providers and users of the information from any liability under state or federal data privacy statutes.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 2.18, eff. March 23, 1994.

Part III
Simulcasting Schedule

11VAC10-40-290. Submission of a simulcasting schedule.

Upon the award of a license, the licensee shall submit to the main office of the commission, not later than 15 days after the award of the license, the proposed simulcasting schedule for each satellite facility for the current year, and if such award is made after the first business day of September, for the next calendar year as well.

Thereafter, the licensee shall submit to the main office of the commission, no later than the first business day of September, the simulcasting schedule for the satellite facility for the following calendar year. The commission may, in its discretion, extend the deadline for submission of such simulcasting schedule.

The commission may grant the licensee leave to amend such simulcasting schedule at such times as the commission deems necessary or appropriate to reflect the broadcast of additional or fewer races.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 3.1, eff. March 23, 1994.

11VAC10-40-300. Intrastate simulcasting schedule.

The licensee shall disclose the proposed simulcasting schedule of races, if any, emanating from the licensee's racetrack including:

1. The calendar dates;

2. The days of the week and hours of operation;

3. The total number of races per date;

4. The reason certain dates are sought; and

5. Any other information the licensee deems appropriate in assisting the commission in evaluating the disclosure.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 3.2, eff. March 23, 1994.

11VAC10-40-310. Interstate simulcasting schedule.

If the simulcasting dates are requested from a location other than those emanating from the licensee's racetrack, the licensee shall disclose, to the extent known, the simulcast schedule including:

1. The specific dates;

2. The breed of horse;

3. The host track or tracks;

4. The number of races;

5. The number of races per date; and

6. Any other information the licensee deems appropriate in assisting the commission in evaluating the disclosure.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 3.3, eff. March 23, 1994.

11VAC10-40-320. Special events.

The licensee may make a request to the commission at any time during the calendar year to include any special events that are not included in the disclosure of the simulcasting schedules.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 3.4, eff. March 23, 1994.

11VAC10-40-330. Commission approval.

Within 15 days of receipt of the simulcasting schedules provided for herein, the commission shall accept, reject or modify any request made by a licensee in its interstate simulcasting schedule, intrastate simulcasting schedule or special events. In the absence of commission approval, the executive secretary of the commission may grant temporary approval of the simulcasting schedule or any changes therein, pending ratification by the commission, at its next regularly scheduled meeting.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 3.5, eff. March 23, 1994.

11VAC10-40-340. Interruption of simulcast signal.

A. If there is a problem in the transmission of data or the simulcast signal between the racetrack and the satellite facility, it shall be within the discretion of the stewards to:

1. Order the race to be run on schedule;

2. Delay the race until the matter is resolved, if this is possible; or

3. After having delayed the race, if problem is not resolved and further delay is not possible, order the race to be run.

B. If a race is run before the resolution of a problem in the transmission of data or signal between the racetrack and the satellite facility, the stewards shall cause an announcement to be made that any pari-mutuel ticket issued before the running of the race is a valid ticket regardless of the nontransmission of data or the signal.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 3.6, eff. March 23, 1994.

11VAC10-40-350. Locking wagering machines.

The mutuel manager shall designate a person at the satellite facility to lock the ticket issuing machines at the start of the race in the event of a failure in the system or through the inadvertence of the stewards.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 3.7, eff. March 23, 1994.

11VAC10-40-360. Digital display.

Unless otherwise permitted by the commission, every simulcast will contain in its video content a digital display of actual time of day, the name of the racetrack from where the race emanates, the number of the race being displayed, and any other relevant information available to patrons at the racetrack.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 3.8, eff. March 23, 1994.

11VAC10-40-370. Encryption.

The licensee shall maintain security controls over its uplink and communication systems, including encryption of signals unless this requirement is specifically waived by the commission.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-02-05 § 3.9, eff. March 23, 1994.

FORMS (11VAC10-40).

License Application for Satellite Facility (eff. 3/1994)

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