senate Bill S4989

Amended

Authorizes off-track betting corporations to host video lottery terminals

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 02 / May / 2013
    • REFERRED TO RACING, GAMING AND WAGERING
  • 17 / Jun / 2013
    • AMEND AND RECOMMIT TO RACING, GAMING AND WAGERING
  • 17 / Jun / 2013
    • PRINT NUMBER 4989A
  • 08 / Jan / 2014
    • REFERRED TO RACING, GAMING AND WAGERING

Summary

Authorizes off-track betting corporations to host video lottery terminals.

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Bill Details

See Assembly Version of this Bill:
A5963A
Versions:
S4989
S4989A
Legislative Cycle:
2013-2014
Current Committee:
Senate Racing, Gaming And Wagering
Law Section:
Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:
Amd §503, RWB L; amd §§1612 & 1617-a, Tax L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A9622, A9622
2009-2010: A8211A, A8211A

Sponsor Memo

BILL NUMBER:S4989

TITLE OF BILL: An act to amend the racing, pari-mutuel wagering and
breeding law and the tax law, in relation to allowing off-track
betting corporations in the state to host video lottery terminals

PURPOSE:

The purpose of this legislation is to allow the regional off-track
betting corporations of Nassau and Suffolk Counties to operate video
lottery gaming terminals.

SUMMARY OF PROVISIONS:

Section 1. Amends Section 503 of the racing, pari-mutuel wagering and
breeding law and adds subdivision 10-a.

Section 2. Amends subparagraph (ii) of paragraph 1 of subdivision b of
section 1612 of the tax law, as amended by section 6 of part K of
chapter 57 of the laws of 2010, clause (F) as amended by section 1 of
part T of chapter 59 of the laws of 2013, clause (H) as amended by the
laws of 2012, clause (I) as added by section 1 of part 0 of chapter 61
of the laws of 2011.

Section 3. Amends subparagraph (iii) of paragraph 1 and the opening
paragraph of paragraph 2 of subdivision b of section 1612 of the tax
law, subparagraph (iii) of paragraph 1 as amended by section 1 of part
0-1 of chapter 57 of the laws of 2009, and the opening paragraph of
paragraph 2 as amended by section 1 of part J of chapter 55 of the
laws of 2013.

Section 4. Amends subdivision a of section 1617-a of the tax law, as
amended by section 2 of part 0-1 of chapter 57 of the laws of 2009.

Section 5. Effective date.

JUSTIFICATION:

The current law regarding video lottery terminals in New York State
only allows them in specified regions of the state that have either a
thoroughbred or standardbred racetrack. This bill would expand on the
current list of allowed regions by granting the Nassau and Suffolk
Regional Off-Track Betting Corporations, which cover the two most
populous counties in the state (outside of NYC), the power to host
video lottery gaming terminals. This would bring in much needed
revenue for the two counties.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the state. However, it is estimated that this act would
generate millions of dollars in revenue for participating counties and
for the state.


EFFECTIVE DATE:

This act shall effect the first of January next succeeding the date on
which it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4989

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 2, 2013
                               ___________

Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Racing, Gaming and  Wager-
  ing

AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law and
  the tax law, in relation to allowing off-track betting corporations in
  the state to host video lottery terminals

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 503 of the racing, pari-mutuel wagering and breed-
ing law is amended by adding a new subdivision 10-a to read as follows:
  10-A. IN A REGION IN WHICH NO PARTICIPATING COUNTY CONTAINS  EITHER  A
THOROUGHBRED  OR  STANDARDBRED  RACETRACK  LICENSED  TO  OPERATE  BY THE
COMMISSION, TO OPERATE VIDEO LOTTERY GAMING AT A CORPORATION'S  FACILITY
WHICH IS LICENSED PURSUANT TO SECTION ONE THOUSAND EIGHT OR ONE THOUSAND
NINE OF THIS CHAPTER;
  S 2. Subparagraph (ii) of paragraph 1 of subdivision b of section 1612
of  the  tax law, as amended by section 6 of part K of chapter 57 of the
laws of 2010, clause (F) as amended by section 1 of part T of chapter 59
of the laws of 2013, clause (H) as amended by chapter 454 of the laws of
2012, clause (I) as added by  section 1 of part O of chapter 61  of  the
laws of 2011, is amended to read as follows:
  (ii) less a vendor's fee the amount of which is to be paid for serving
as  a  lottery agent to the track operator of a vendor track; AND LESS A
VENDOR'S FEE TO BE PAID FOR SERVING AS A LOTTERY AGENT TO  THE  REGIONAL
OFF-TRACK  BETTING  CORPORATION  OPERATOR AT AN AUTHORIZED PARTICIPATING
OFF-TRACK BETTING FACILITY LICENSED PURSUANT TO EITHER SECTION ONE THOU-
SAND EIGHT OR ONE THOUSAND NINE OF THE RACING, PARI-MUTUEL WAGERING  AND
BREEDING LAW:
  (A)  having fewer than one thousand one hundred video gaming machines,
at a rate of thirty-five percent for the  first  fifty  million  dollars
annually,  twenty-eight  percent  for  the  next hundred million dollars

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09719-04-3

S. 4989                             2

annually, and  twenty-five  percent  thereafter  of  the  total  revenue
wagered  at  the  vendor  track after payout for prizes pursuant to this
chapter;
  (B)  having one thousand one hundred or more video gaming machines, at
a rate of thirty-one percent of the total revenue wagered at the  vendor
track  after payout for prizes pursuant to this chapter, except for such
facility located in the county of Westchester, in which  case  the  rate
shall be thirty percent until March thirty-first, two thousand twelve.
  Notwithstanding  the  foregoing, not later than April first, two thou-
sand twelve, the vendor fee AT SUCH TRACK OR  VENDOR  OFF-TRACK  BETTING
FACILITY shall become thirty-one percent and remain at that level there-
after;  and  except for Aqueduct racetrack, in which case the vendor fee
shall be thirty-eight percent of the total revenue wagered at the vendor
track after payout for prizes pursuant to this chapter;
  (C) notwithstanding clauses (A) and (B) of this subparagraph, when the
vendor track OR VENDOR OFF-TRACK BETTING FACILITY is located in an  area
with  a population of less than one million within the forty mile radius
around such track, at a rate of thirty-nine percent for the first  fifty
million  dollars  annually,  twenty-eight  percent  for the next hundred
million dollars annually, and  twenty-five  percent  thereafter  of  the
total  revenue  wagered  at the vendor track OR VENDOR OFF-TRACK BETTING
FACILITY after payout for prizes pursuant to this chapter;
  (D) notwithstanding clauses (A), (B) and  (C)  of  this  subparagraph,
when  the  vendor  track OR VENDOR OFF-TRACK BETTING FACILITY is located
within fifteen miles of a Native American class III gaming facility at a
rate of forty-one percent of the total revenue  wagered  at  the  vendor
track after payout for prizes pursuant to this chapter;
  (E)  notwithstanding  clauses  (A),  (B), (C) and (D) of this subpara-
graph, when a Native American class III gaming facility is  established,
after  the  effective date of this subparagraph, within fifteen miles of
the vendor track OR VENDOR OFF-TRACK BETTING  FACILITY,  at  a  rate  of
forty-one  percent  of the total revenue wagered after payout for prizes
pursuant to this chapter;
  (E-1) for purposes of this subdivision, the term  "class  III  gaming"
shall have the meaning defined in 25 U.S.C. S 2703(8).
  (F) notwithstanding clauses (A), (B), (C), (D) and (E) of this subpar-
agraph,  when  a  vendor track, is located in Sullivan county and within
sixty miles from any gaming facility in a contiguous state  such  vendor
fee  shall,  for a period of six years commencing April first, two thou-
sand eight, be at a rate of  forty-one  percent  of  the  total  revenue
wagered  at  the  vendor  track after payout for prizes pursuant to this
chapter, after which time such rate shall be as for all tracks in clause
(C) of this subparagraph.
  (G) notwithstanding clauses (A), (B), (C), (D), (E) and  (F)  of  this
subparagraph,  when no more than one vendor track located in the town of
Thompson in Sullivan county at the site of the former Concord Resort  at
which a qualified capital investment has been made and no fewer than one
thousand  full-time,  permanent  employees  have  been  newly  hired, is
located in Sullivan county and is within sixty  miles  from  any  gaming
facility  in  a  contiguous  state, then for a period of forty years the
vendor's fee shall equal the total revenue wagered at the  vendor  track
after  payout  of  prizes  pursuant  to  this subdivision reduced by the
greater of (i) twenty-five percent of total  revenue  after  payout  for
prizes  for  "video  lottery games" or (ii) for the first eight years of
operation thirty-eight million dollars, and beginning in the ninth  year
of  operation  such  amount shall increase annually by the lesser of the

S. 4989                             3

increase in the consumer price index or two percent, plus seven  percent
of  total  revenue after payout of prizes. In addition, in the event the
vendor fee is calculated pursuant to subclause (i) of this  clause,  the
vendor's  fee shall be further reduced by 11.11 percent of the amount by
which total revenue after payout for prizes exceeds two hundred  fifteen
million  dollars,  but  in  no  event  shall  such reduction exceed five
million dollars.
  Provided, however, that in the case of no more than one  vendor  track
located  in  the  town of Thompson in Sullivan county at the site of the
former Concord Resort with a qualified capital investment, and one thou-
sand full-time, permanent employees if at any time after three years  of
opening  operations  of  the  licensed video gaming facility or licensed
vendor track, the vendor track experiences an employment shortfall, then
the recapture amount shall apply, for only such period as the  shortfall
exists.
  For  the purposes of this section "qualified capital investment" shall
mean an investment of a  minimum  of  six  hundred  million  dollars  as
reflected  by  audited financial statements of which not less than three
hundred million dollars shall be comprised of  equity  and/or  mezzanine
financing  as  an initial investment in a county where twelve percent of
the population is below the federal poverty level  as  measured  by  the
most  recent  Bureau of Census Statistics prior to the qualified capital
investment commencing that results in the construction,  development  or
improvement  of  at  least  one  eighteen  hole  golf  course,  and  the
construction and issuance of certificates of occupancy for hotels, lodg-
ing, spas, dining, retail and entertainment venues, parking garages  and
other  capital  improvements at or adjacent to the licensed video gaming
facility or licensed vendor track which promote or  encourage  increased
attendance at such facilities.
  For  the  purposes  of  this  section, "full-time, permanent employee"
shall mean an employee who has worked  at  the  video  gaming  facility,
vendor  track  or related and adjacent facilities for a minimum of thir-
ty-five hours per week for not less than four consecutive weeks and  who
is  entitled to receive the usual and customary fringe benefits extended
to other employees with comparable rank and  duties;  or  two  part-time
employees  who have worked at the video gaming facility, vendor track or
related and adjacent facilities for a combined  minimum  of  thirty-five
hours  per  week  for  not  less than four consecutive weeks and who are
entitled to receive the usual and customary fringe benefits extended  to
other employees with comparable rank and duties.
  For the purpose of this section "employment goal" shall mean one thou-
sand  five  hundred  full-time  permanent employees after three years of
opening operations of the licensed video  gaming  facility  or  licensed
vendor track.
  For  the  purpose  of this section "employment shortfall" shall mean a
level of employment that falls below the employment goal,  as  certified
annually  by  vendor's  certified  accountants  and  the chairman of the
empire state development corporation.
  For the purposes of this section "recapture  amount"  shall  mean  the
difference between the amount of the vendor's fee paid to a vendor track
with  a qualified capital investment, and the vendor fee otherwise paya-
ble to a vendor track pursuant to clause (F) of this subparagraph,  that
is reimbursable by the vendor track to the division for payment into the
state  treasury,  to  the  credit  of  the state lottery fund created by
section ninety-two-c of the state finance  law,  due  to  an  employment

S. 4989                             4

shortfall  pursuant to the following schedule only for the period of the
employment shortfall:
  (i)  one  hundred  percent  of  the recapture amount if the employment
shortfall is greater  than  sixty-six  and  two-thirds  percent  of  the
employment goal;
  (ii)  seventy-five  percent  of the recapture amount if the employment
shortfall is greater than thirty-three  and  one-third  percent  of  the
employment goal;
  (iii)  forty-nine  and one-half percent of the recapture amount if the
employment shortfall is greater than thirty percent  of  the  employment
goal;
  (iv)  twenty-two  percent  of  the  recapture amount if the employment
shortfall is greater than twenty percent of the employment goal;
  (v) eleven percent of the recapture amount if the employment shortfall
is greater than ten percent of the employment goal.
  (H) notwithstanding clauses (A), (B), (C), (D), (E), (F)  and  (G)  of
this  subparagraph,  the  track  operator of a vendor track OR OFF-TRACK
BETTING OPERATOR OF A VENDOR  OFF-TRACK  BETTING  CORPORATION  shall  be
eligible for a vendor's capital award of up to four percent of the total
revenue wagered at the vendor track OR VENDOR OFF-TRACK BETTING FACILITY
after  payout  for  prizes pursuant to this chapter, which shall be used
exclusively for capital project investments to improve the facilities of
the vendor track which promote or encourage increased attendance at  the
video  lottery  gaming  facility  including,  but not limited to hotels,
other lodging facilities, entertainment facilities,  retail  facilities,
dining facilities, events arenas, parking garages and other improvements
that  enhance facility amenities; provided that such capital investments
shall be approved by  the  division,  in  consultation  with  the  state
[racing  and  wagering  board]  GAMING  COMMISSION, and that such vendor
track OR VENDOR OFF-TRACK BETTING FACILITY demonstrates that such  capi-
tal  expenditures  will  increase  patronage  at  such vendor track's OR
VENDOR'S OFF-TRACK BETTING facilities and increase the amount of revenue
generated to support state education programs. The annual amount of such
vendor's capital awards that a vendor track shall be eligible to receive
shall be limited to two million five hundred  thousand  dollars,  except
for  Aqueduct  racetrack,  for  which there shall be no vendor's capital
awards. Except for tracks OR OFF-TRACK BETTING  FACILITIES  having  less
than one thousand one hundred video gaming machines, each track operator
OR OFF-TRACK BETTING FACILITY OPERATOR shall be required to co-invest an
amount  of  capital expenditure equal to its cumulative vendor's capital
award. For all tracks OR OFF-TRACK BETTING FACILITIES, except for  Aque-
duct  racetrack,  the  amount  of any vendor's capital award that is not
used during any one year period may  be  carried  over  into  subsequent
years  ending  before  April  first,  two  thousand fourteen. Any amount
attributable to a capital expenditure approved prior to April first, two
thousand fourteen and completed before April first, two thousand sixteen
shall be eligible to receive the vendor's capital award.  In  the  event
that  a  vendor  track's  capital expenditures, approved by the division
prior to April first, two thousand fourteen and completed prior to April
first, two thousand sixteen, exceed the vendor track's cumulative  capi-
tal  award  during the five year period ending April first, two thousand
fourteen, the vendor shall continue to receive the capital  award  after
April  first, two thousand fourteen until such approved capital expendi-
tures are paid to the vendor track subject to  any  required  co-invest-
ment.  In  no  event  shall any vendor track OR VENDOR OFF-TRACK BETTING
FACILITY that receives a vendor fee pursuant to clause  (F)  or  (G)  of

S. 4989                             5

this  subparagraph  be  eligible for a vendor's capital award under this
section. Any operator of a vendor  track  OR  VENDOR  OFF-TRACK  BETTING
FACILITY which has received a vendor's capital award, choosing to divest
the capital improvement toward which the award was applied, prior to the
full depreciation of the capital improvement in accordance with general-
ly  accepted accounting principles, shall reimburse the state in amounts
equal to the total of any such awards. Any capital  award  not  approved
for  a  capital  expenditure at a video lottery gaming facility by April
first, two thousand fourteen shall be deposited into the  state  lottery
fund for education aid; and
  (I)  Notwithstanding  any  provision of law to the contrary, free play
allowance credits authorized by the division pursuant to  subdivision  f
of  section  sixteen  hundred  seventeen-a  of this article shall not be
included in the calculation of the total amount wagered on video lottery
games, the total amount wagered after payout of prizes, the vendor  fees
payable  to  the operators of video lottery facilities, vendor's capital
awards, fees payable to the division's video  lottery  gaming  equipment
contractors, or racing support payments.
  S  3.  Subparagraph  (iii) of paragraph 1 and the opening paragraph of
paragraph 2 of subdivision b of section 1612 of the  tax  law,  subpara-
graph  (iii) of paragraph 1 as amended by section 1 of part O-1 of chap-
ter 57 of the laws of 2009, and the opening paragraph  of paragraph 2 as
amended by section 1 of part J of chapter 55 of the laws  of  2013,  are
amended to read as follows:
  (iii) less an additional vendor's marketing allowance at a rate of ten
percent  for  the  first  one hundred million dollars annually and eight
percent thereafter of the total revenue wagered at the vendor  track  OR
VENDOR  OFF-TRACK BETTING FACILITY after payout for prizes to be used by
the vendor track OR VENDOR OFF-TRACK BETTING FACILITY for the  marketing
and  promotion  and  associated  costs of its video lottery gaming oper-
ations and pari-mutuel horse racing operations,  as  long  as  any  such
costs associated with pari-mutuel horse racing operations simultaneously
encourage  increased  attendance  at  such vendor's video lottery gaming
facilities, consistent with the customary manner of marketing comparable
operations in the industry and subject to the overall supervision of the
division; provided, however,  that  the  additional  vendor's  marketing
allowance shall not exceed eight percent in any year for any operator of
a  racetrack  located  in the county of Westchester or Queens; provided,
however, a vendor  track  OR  VENDOR  OFF-TRACK  BETTING  FACILITY  that
receives  a  vendor  fee  pursuant to clause (G) of subparagraph (ii) of
this paragraph shall  not  receive  the  additional  vendor's  marketing
allowance. In establishing the vendor fee, the division shall ensure the
maximum  lottery support for education while also ensuring the effective
implementation of section sixteen hundred seventeen-a  of  this  article
through  the  provision of reasonable reimbursements and compensation to
vendor tracks OR VENDOR OFF-TRACK BETTING FACILITIES  for  participation
in  such  program. Within twenty days after any award of lottery prizes,
the division shall pay into the state treasury, to  the  credit  of  the
state  lottery fund, the balance of all moneys received from the sale of
all tickets for the lottery in which such prizes were awarded  remaining
after provision for the payment of prizes as herein provided. Any reven-
ues  derived  from  the  sale of advertising on lottery tickets shall be
deposited in the state lottery fund.
  As consideration for the operation of a video lottery gaming facility,
the division, shall cause the investment in the  racing  industry  of  a
portion  of  the  vendor  fee received pursuant to paragraph one of this

S. 4989                             6

subdivision in the manner set forth  in  this  subdivision.    With  the
exception  of  ANY  VENDOR OFF-TRACK BETTING FACILITY AND Aqueduct race-
track, each such track shall dedicate a  portion  of  its  vendor  fees,
received  pursuant  to  clause  (A),  (B), (C), (D), (E), (F), or (G) of
subparagraph (ii) of paragraph one of this subdivision, solely  for  the
purpose  of  enhancing purses at such track, in an amount equal to eight
and three-quarters percent of the total revenue wagered  at  the  vendor
track  after  pay  out for prizes. One percent of such purse enhancement
amount shall be paid to the gaming commission to be used exclusively  to
promote  and ensure equine health and safety in New York. Any portion of
such funding to the gaming commission unused during a fiscal year  shall
be returned to the video lottery gaming operators on a pro rata basis in
accordance  with the amounts originally contributed by each operator and
shall be used for the purpose of enhancing  purses  at  such  track.  In
addition,  with the exception of Aqueduct racetrack, one and one-quarter
percent of total revenue wagered at the vendor track after pay  out  for
prizes, received pursuant to clause (A), (B), (C), (D), (E), (F), or (G)
of  subparagraph  (ii)  of  paragraph  one of this subdivision, shall be
distributed to the appropriate breeding fund for the  manner  of  racing
conducted by such track.
  S  4.  Subdivision  a  of section 1617-a of the tax law, as amended by
section 2 of part O-1 of chapter 57 of the laws of 2009, is  amended  to
read as follows:
  a. The division of the lottery is hereby authorized to license, pursu-
ant  to  rules  and regulations to be promulgated by the division of the
lottery, the operation of video lottery gaming at (1)  Aqueduct,  Monti-
cello,  Yonkers,  Finger  Lakes,  and Vernon Downs racetracks, or at any
other racetrack licensed pursuant to article three of the racing,  pari-
mutuel  wagering  and breeding law that are located in a county or coun-
ties in which video lottery gaming has been authorized pursuant to local
law, excluding the licensed racetrack commonly referred  to  in  article
three  of  the racing, pari-mutuel wagering and breeding law as the "New
York state exposition" held in Onondaga county and the racetracks of the
non-profit racing association known as Belmont Park  racetrack  and  the
Saratoga  thoroughbred  racetrack;  AND  (2)  AT  ONE REGIONAL OFF-TRACK
BETTING CORPORATION FACILITY LICENSED PURSUANT TO SECTION  ONE  THOUSAND
EIGHT  OR  ONE  THOUSAND  NINE  OF  THE RACING, PARI-MUTUEL WAGERING AND
BREEDING LAW WITHIN ANY REGION IN WHICH NO PARTICIPATING COUNTY CONTAINS
EITHER A THOROUGHBRED OR STANDARDBRED RACETRACK LICENSED TO  OPERATE  BY
THE  STATE GAMING COMMISSION.  Such rules and regulations shall provide,
as a condition of  licensure,  that  racetracks  OR  REGIONAL  OFF-TRACK
BETTING  CORPORATIONS,  AS  CREATED  BY  SECTION FIVE HUNDRED TWO OF THE
RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, to be licensed are certi-
fied to be in compliance with all state and local fire and safety codes,
that the division is afforded adequate space, infrastructure, and  amen-
ities  consistent  with  industry  standards for such video gaming oper-
ations as found  at  racetracks  in  other  states,  that  racetrack  OR
REGIONAL  OFF-TRACK BETTING CORPORATION employees involved in the opera-
tion of video lottery gaming pursuant to this section  are  licensed  by
the  racing  and  wagering board, and such other terms and conditions of
licensure as the division may establish. Notwithstanding any  inconsist-
ent  provision  of  law, video lottery gaming at a racetrack OR REGIONAL
OFF-TRACK BETTING CORPORATION pursuant to this section shall  be  deemed
an  approved  activity  for such racetrack OR REGIONAL OFF-TRACK BETTING
CORPORATION under the relevant city, county, town, or village  land  use
or  zoning  ordinances, rules, or regulations. No entity licensed by the

S. 4989                             7

division operating video lottery gaming pursuant  to  this  section  may
house  such  gaming  activity  in  a structure deemed or approved by the
division as "temporary" for a duration of longer  than  eighteen-months.
Nothing  in  this  section shall prohibit the division from licensing an
entity to operate video lottery  gaming  at  an  existing  racetrack  as
authorized  in  this  subdivision  whether  or not a different entity is
licensed to conduct horse racing and pari-mutuel wagering at such  race-
track pursuant to article two or three of the racing, pari-mutuel wager-
ing and breeding law.
  The  division,  in  consultation  with the [racing and wagering board]
STATE GAMING COMMISSION, shall establish standards for approval  of  the
temporary and permanent physical layout and construction of any facility
or  building  devoted  to a video lottery gaming operation. In reviewing
such application for the construction or  reconstruction  of  facilities
related  or  devoted to the operation or housing of video lottery gaming
operations, the division, in consultation with the racing  and  wagering
board, shall ensure that such facility:
  (1)  possesses superior consumer amenities and conveniences to encour-
age and attract the patronage of tourists and other visitors from across
the region, state, and nation.
  (2) has adequate motor vehicle parking facilities  to  satisfy  patron
requirements.
  (3)  has a physical layout and location that facilitates access to and
from the horse racing track portion of such facility to encourage patro-
nage of live horse racing events that are conducted at such track.
  S 5. This act shall take effect the first of January  next  succeeding
the date on which it shall have become a law.

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