Disclosure of Development Process

PURPOSE: The purpose of this rule is to set forth the required disclosure of the development process for a Class A license. (1) An applicant for a Class A license must disclose with regard to the development of its racing facility— (A) The total cost of construction of the facility or any modifications of an existing facility, distinguishing between fixed costs and projections; (B) Separate identification of the following costs, if applicable, distinguishing between fixed costs and projections: 1. Facility design; 2. Land acquisition; 3. Site preparation; 4. Improvements and equipment separately identifying the costs of the items required in 12 CSR 50-13.050(D)–(O) and other categories of improvements and equipment; 5. Interim financing; 6. Permanent financing; and 7. Organization, administrative, accounting and legal; (C) Documentation of fixed costs; (D) The schedule for construction, if any, of the facility or any modifications to an existing facility including estimated completion date; 1. Provide an estimated time schedule for construction, including how long after licensure will the proposed project be fully operational. Show the number of months after the license is granted that each of the following activities will commence and be completed: A. Solicitation of bids; B. Award of construction contract(s); C. Construction commencement; D. Completion of construction; E. Occupancy of new facility or space; F. Training of staff; and G. Commission check and inspection of facility for public and racing readiness; and 2. With respect to the solicitation of bids, awarding of construction contracts, commencement of construction and completion of construction, provide an itemized timetable for the components of the construction program listed here: A. Land clearing B. Site preparation and grading; C. Grandstand; D. Barns; E. Paddock and jockey’s quarters; F. Track; G. Parking lot; H. Test barn; I. Racing secretary’s office J. Maintenance shed; K. Landscaping; and L. Other (specify). 3. The applicant’s plans must meet the fire safety requirements of the state fire marshal. Attach a letter from the state fire marshal stating tentative approval. (E) Schematic drawings; (F) Copies of any contracts with and performance bonds for each of the following: 1. Architect or other design professional; 2. Project engineer; 3. Construction engineer; 4. Contractors and subcontractors; and 5. The equipment procurement personnel; and (G) Evidence of acquisition or lease of the site by the applicant. If the site is not owned or currently leased by the applicant, the applicant must disclose the plans for the acquisition or lease or other use of the site. AUTHORITY: sections 313.580.1 and 313.632, RSMo 1986.* This rule originally filed as 12 CSR 50-11.080. Original rule filed June 17, 1986, effective Oct. 27, 1986. Amended: Filed June 6, 1989, effective Aug. 24, 1989. Moved to 11 CSR 45-51.080, effective Aug. 28, 1995. *Original authority: 313.580, RSMo 1986; 313.632, RSMo 1986.