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| To permit a horse-racing permit holder who is | 1 |
| eligible to become a video lottery sales agent to | 2 |
| apply to the State Racing Commission to move its | 3 |
| track to another location. | 4 |
| Section 1. (A) Notwithstanding sections 3769.04 and 3769.13 | 5 |
| of the Revised Code, for a period of two years after the effective | 6 |
| date of this section, a permit holder who is eligible to become a | 7 |
| video lottery sales agent may apply to the State Racing Commission | 8 |
| to move its track to another location using the following approval | 9 |
| procedure: | 10 |
| (1) The permit holder shall submit, for the consideration of | 11 |
| the State Racing Commission in its determination on whether to | 12 |
| approve the transfer, its proposal to the State Racing Commission | 13 |
| and shall specify the location of the new track and the | 14 |
| incremental economic benefits the permit holder is willing to | 15 |
| provide to the state. | 16 |
| (2) The State Racing Commission shall approve or deny the | 17 |
| transfer. | 18 |
| (3) The permit holder may apply to the State Lottery | 19 |
| Commission for a video lottery sales agent license at the new | 20 |
| track location. | 21 |
| (B) The State Racing Commission shall give preference to | 22 |
| transfer proposals involving moves to locations in which neither | 23 |
| horse-racing meetings nor casino gaming have been authorized | 24 |
| before July 1, 2011. A permit holder that is authorized to | 25 |
| transfer its track under this section and that is a video lottery | 26 |
| sales agent may operate at a temporary facility at its new | 27 |
| location while constructing or otherwise preparing its new track | 28 |
| at that location. | 29 |
| (C) The state may discuss and negotiate with parties | 30 |
| regarding the transferring of racing permits to new track | 31 |
| locations and may, in its discretion, enter into agreements | 32 |
| regarding the transfer of permits to new locations in advance of | 33 |
| the process set forth in this section. | 34 |
| (D) If a current permit holder cannot lawfully conduct video | 35 |
| lotteries at its existing track, the State Racing Commission shall | 36 |
| consider the permit holder's proposal to move its track to a new | 37 |
| location in the immediate vicinity where the conducting of video | 38 |
| lotteries is lawful. | 39 |
| (E) Chapter 2915. of the Revised Code does not apply to, | 40 |
| affect, or prohibit lotteries or video lotteries conducted under | 41 |
| this section and Chapter 3770. of the Revised Code. | 42 |
| (F) The State Racing Commission may promulgate rules to | 43 |
| effectuate this section and to establish fees for applicants under | 44 |
| this section. | 45 |
| (G) As used in this section: | 46 |
| (1) "Permit holder" means a person that has been authorized | 47 |
| by the State Racing Commission to conduct one or more horse-racing | 48 |
| meetings under Chapter 3769. of the Revised Code. | 49 |
| (2) "Track" means any place, track, or enclosure where a | 50 |
| permit holder conducts live horse racing for profit at a racing | 51 |
| meeting. "Track" includes facilities or premises contiguous or | 52 |
| adjacent to those places, tracks, or enclosures. | 53 |
| (3) "Video lottery sales agent" means a person who is a | 54 |
| permit holder and holds a current license issued by the State | 55 |
| Lottery Commission to assist the Commission in conducting video | 56 |
| lotteries through the use of video lottery terminals at a track. | 57 |