Disclosure of Governmental Actions

PURPOSE: The purpose of this rule is to set forth the disclosure requirements for governmental actions in Class A licenses. (1) An applicant for a Class A license must disclose the following with regard to governmental agencies: (A) The street and highway improvements necessary to insure adequate access to applicant’s horse racing facility and the cost of improvements, status, likelihood of completion and estimated date; (B) The sewer, water and other public utility improvements necessary to serve applicant’s facility and the cost of improvements, status, likelihood of completion and estimated date; (C) If the applicant has obtained or must obtain any required governmental improvements for its development, ownership, construction or the operation of the track by the applicant or any other entity the following must be disclosed: 1. If the approvals have been obtained— A. A description of the approval, unit of government, date and documentation; B. Whether public hearings were held and if they were the dates and locations of the hearings. If hearings were not held, the applicant must explain the reason; and C. Whether the unit of government conditioned its approval and, if so, the conditions imposed, including documentation; and 2. As to any approvals from governmental units which remain to be obtained— A. A description of the approval; B. The governmental unit which must approve; C. The status; D. The likelihood of approval; and E. The estimated date of approval; (D) Whether an environmental assessment of the facility has been or will be prepared— 1. If so, the applicant must disclose its status and the governmental unit with jurisdiction; and 2. The applicant must provide a copy of any assessment to the commission; (E) Whether an environmental impact statement is required for applicant’s facility— 1. If so, the applicant must disclose its status and the governmental unit with jurisdiction; and 2. The applicant must provide the commission with a copy of any statement; and (F) Whether the applicant is in compliance with all statutes, charter provisions, ordinances and regulations pertaining to the development, ownership and operation of its horse racing facility. If the applicant is not in compliance, the following information must be disclosed: 1. The reasons why the applicant is not in compliance; and 2. The plans for compliance or exemption from any such requirements. AUTHORITY: section 313.580.1, RSMo 1986.* This rule originally filed as 12 CSR 50-11.110. Original rule filed June 17, 1986, effective Oct. 27, 1986. Moved to 11 CSR 4551.110, effective Aug. 28, 1995. *Original authority: 313.580, RSMo 1986.