230.380 Simulcast facilities -- Restrictions and prohibitions -- Tax implications --
968 words·~4 min read·
/ky/230-380A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Percentage of wagers to local economic development -- Commissions -- Report
on money expended.
(1)Any track licensed by the corporation to conduct horse racing and desiring to
establish a simulcast facility shall apply for and may receive approval from the
corporation for each simulcast facility. Prior to considering an application for
approval of a simulcast facility, the corporation 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 corporation 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.
(2)A track or tracks may proceed with the establishment of a simulcast facility unless,
within sixty
(60)days of the date on which the corporation 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.
(3)The corporation shall not approve the establishment of any simulcast facility within
a radius of fifty
(50)miles of a licensed track. The corporation may approve the
establishment of one
(1)simulcast facility within a radius of greater than fifty
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.
(4)The corporation may promulgate administrative regulations as it deems appropriate
to protect the integrity of pari-mutuel wagering at any simulcast facility.
(5)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 corporation, and applications for simulcast
facilities shall be filed by and licenses may be issued to, these licensed tracks by the
corporation.
(6)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.
(7)A simulcast facility shall not be subject to and shall not pay any excise tax imposed
pursuant to KRS 138.510, or any license tax imposed under KRS 137.170.
(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.
(a)After the deduction of moneys under subsection
(8)of this section, 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 corporation to be used for
purses at county fairs in Kentucky licensed and approved by the
corporation, 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 corporation 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 corporation.
(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.