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This entry was published on 2014-09-22
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Siting evaluation
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 13, TITLE 2
§ 1320. Siting evaluation. In determining whether an applicant shall
be eligible for a gaming facility license, the board shall evaluate and
issue a finding of how each applicant proposes to advance the following

1. The decision by the board to select a gaming facility license
applicant shall be weighted by seventy percent based on economic
activity and business development factors including:

(a) realizing maximum capital investment exclusive of land acquisition
and infrastructure improvements;

(b) maximizing revenues received by the state and localities;

(c) providing the highest number of quality jobs in the gaming

(d) building a gaming facility of the highest caliber with a variety
of quality amenities to be included as part of the gaming facility;

(e) offering the highest and best value to patrons to create a secure
and robust gaming market in the region and the state;

(f) providing a market analysis detailing the benefits of the site
location of the gaming facility and the estimated recapture rate of
gaming-related spending by residents travelling to an out-of-state
gaming facility;

(g) offering the fastest time to completion of the full gaming

(h) demonstrating the ability to fully finance the gaming facility;

(i) demonstrating experience in the development and operation of a
quality gaming facility.

2. The decision by the board to select a gaming facility license
applicant shall be weighted by twenty percent based on local impact and
siting factors including:

(a) mitigating potential impacts on host and nearby municipalities
which might result from the development or operation of the gaming

(b) gaining public support in the host and nearby municipalities which
may be demonstrated through the passage of local laws or public comment
received by the board or gaming applicant;

(c) operating in partnership with and promoting local hotels,
restaurants and retail facilities so that patrons experience the full
diversified regional tourism industry; and

(d) establishing a fair and reasonable partnership with live
entertainment venues that may be impacted by a gaming facility under
which the gaming facility actively supports the mission and the
operation of the impacted entertainment venues.

3. The decision by the board to select a gaming facility license
applicant shall be weighted by ten percent based on workforce
enhancement factors including:

(a) implementing a workforce development plan that utilizes the
existing labor force, including the estimated number of construction
jobs a proposed gaming facility will generate, the development of
workforce training programs that serve the unemployed and methods for
accessing employment at the gaming facility;

(b) taking additional measures to address problem gambling including,
but not limited to, training of gaming employees to identify patrons
exhibiting problems with gambling;

(c) utilizing sustainable development principles including, but not
limited to:

(1) having new and renovation construction certified under the
appropriate certification category in the Leadership in Energy and
Environmental Design Green Building Rating System created by the United
States Green Building Council;

(2) efforts to mitigate vehicle trips;

(3) efforts to conserve water and manage storm water;

(4) demonstrating that electrical and HVAC equipment and appliances
will be Energy Star labeled where available;

(5) procuring or generating on-site ten percent of its annual
electricity consumption from renewable sources; and

(6) developing an ongoing plan to submeter and monitor all major
sources of energy consumption and undertake regular efforts to maintain
and improve energy efficiency of buildings in their systems;

(d) establishing, funding and maintaining human resource hiring and
training practices that promote the development of a skilled and diverse
workforce and access to promotion opportunities through a workforce
training program that:

(1) establishes transparent career paths with measurable criteria
within the gaming facility that lead to increased responsibility and
higher pay grades that are designed to allow employees to pursue career
advancement and promotion;

(2) provides employee access to additional resources, such as tuition
reimbursement or stipend policies, to enable employees to acquire the
education or job training needed to advance career paths based on
increased responsibility and pay grades; and

(3) establishes an on-site child day care program;

(e) purchasing, whenever possible, domestically manufactured slot
machines for installation in the gaming facility;

(f) implementing a workforce development plan that:

(1) incorporates an affirmative action program of equal opportunity by
which the applicant guarantees to provide equal employment opportunities
to all employees qualified for licensure in all employment categories,
including persons with disabilities;

(2) utilizes the existing labor force in the state;

(3) estimates the number of construction jobs a gaming facility will
generate and provides for equal employment opportunities and which
includes specific goals for the utilization of minorities, women and
veterans on those construction jobs;

(4) identifies workforce training programs offered by the gaming
facility; and

(5) identifies the methods for accessing employment at the gaming
facility; and

(g) demonstrating that the applicant has an agreement with organized
labor, including hospitality services, and has the support of organized
labor for its application, which specifies:

(1) the number of employees to be employed at the gaming facility,
including detailed information on the pay rate and benefits for
employees and contractors in the gaming facility and all infrastructure
improvements related to the project; and

(2) detailed plans for assuring labor harmony during all phases of the
construction, reconstruction, renovation, development and operation of
the gaming facility.