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January 26, 2009

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January 26, 2009 MINUTES NEW YORK STATE RACING AND WAGERING BOARD MEETING OF JANUARY 26, 2009 A meeting of the New York State Racing and Wagering Board was held on Monday, January 26, 2009 at 11:00 a.m. at the Racing & Wagering Board’s Schenectady Office located at 1 Broadway Center, Suite 600, Schenectady, New York. The meeting was called to order at 11:05 a.m. In Attendance Were: John D. Sabini, Chairman Daniel D. Hogan, Member John B. Simoni, Member Ronald G. Ochrym, Executive Director Rick Goodell, Assistant Counsel Joseph Lynch, Director of Racing Operations Thomas Casaregola, Director of Audits & Investigations Gail Pronti, Secretary to the Board Also in Attendance Were: Joseph Mahoney, NYSR&WB Kristen Buckley, NYSR&WB Vivian Davis, NYSR&WB Jonathan Boyce, NYSR&WB Intern OPEN COMMENT PERIOD: Comments Began: 11:04 a.m. Gail Pronti, Secretary to the Board, stated that a comment was received via fax from Jackson Leeds with regard to the operation on Palm Sunday by New York State Off-Track Betting Corporations. This comment is attached to the minutes. Comments Ended: 11:05 a.m. A. The Board approved the minutes of the Board meeting held Dec. 16, 2008. B. ITEMS PREVIOUSLY APPROVED OR DEFERRED BY THE CHAIR 1. BUFFALO RACEWAY – REQUEST TO IMPORT VARIOUS LOCATIONS IN 2008 For entry into the minutes, on December 11, 2008, the New York State Racing and Wagering Board approved an amendment to the Buffalo Trotting Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Tampa Bay Downs, Florida for the remainder of 2008. 2. BUFFALO RACEWAY – REQUEST TO EXPORT TO VARIOUS LOCATIONS IN 2009 For entry into the minutes, on December 22, 2008, the New York State Racing and Wagering Board approved the Buffalo Trotting Association, Inc. request to simulcast its harness racing programs for wagering purposes during the year 2009 to: 1. Monticello Raceway Mgmt., Inc., New York 2. Western Regional Off-Track Betting Corporation, New York. 3. For entry into the minutes, on December 30, 2008, the New York State Racing and Wagering Board approved the Buffalo Trotting Association, Inc. request to simulcast its harness racing programs for wagering purposes through July 26, 2009 to Day at The Track, Idaho. 4. For entry into the minutes, on December 30, 2008, the New York State Racing and Wagering Board approved the Buffalo Trotting Association, Inc. request to simulcast its harness racing programs for wagering purposes through July 26, 2009 to The Racing Network International (with eleven [11] secondary sites), Cayman Islands. 5. For entry into the minutes, on January 8, 2009, the New York State Racing and Wagering Board approved the Buffalo Trotting Association, Inc. request to simulcast its harness racing programs for wagering purposes through July 26, 2009 to: 1. Capital District Regional Off-Track Betting Corporation, New York 2. Catskill Regional Off-Track Betting Corporation, New York 3. Saratoga Gaming & Raceway, New York. 2 3 6. For entry into the minutes, on January 8, 2009, the New York State Racing and Wagering Board approved the Buffalo Trotting Association, Inc. request to simulcast its harness racing programs for wagering purposes through July 26, 2009 to The Racing Channel, www.racingchannel.com and www.oneclickbetting.com. 7. CAPITAL DISTRICT REGIONAL OTB – DECEMBER 2008 PROMOTIONS For entry into the minutes, on December 3, 2008, the New York State Racing and Wagering Board approved the December 2, 2008 application by the Capital District Regional Off-Track Betting Corporation to conduct the specified promotions and contests during December 2008 and on January 1, 2009. 8. CAPITAL DISTRICT REGIONAL OTB – WINNERS’ CIRCLE MEMBERSHIP PROMOTION For entry into the minutes, on December 11, 2008, the New York State Racing and Wagering Board approved the December 4, 2008 application of the Capital District Regional Off-Track Betting Corporation to conduct the specified Winner’s Circle Club promotion. This approval was limited to the period from December 11 through December 31, 2008 and did not include approval for the drawings for gift cards. 9. CAPITAL DISTRICT REGIONAL OTB – FREE MEMBERSHIP GIVEAWAY For entry into the minutes, on December 24, 2008, the NYS Racing and Wagering Board approved the Capital District Regional Off-Track Betting Corporation request to conduct promotions for two free memberships to Capital OTB’s “Winner’s Circle” Hospitality Room as specified in the December 18, 2008 application. 10. For entry into the minutes, on January 2, 2009, the NYS Racing and Wagering Board approved the Capital District Regional Off-Track Betting corporation request to conduct promotions for two free memberships to Capital OTB’s “Winner’s Circle” Hospitality Room on the revised dates specified in the e-mail to Joe Lynch dated January 2, 2009. 11. CAPITAL DISTRICT REGIONAL OTB – JANUARY 2009 PROMOTIONS For entry into the minutes, on December 24, 2008, the New York State Racing and Wagering Board approved an application by the Capital District Regional Off-Track Betting Corporation to conduct the promotions specified in the December 15, 2008 application to the Board. 12. CAPITAL DISTRICT REGIONAL OTB – CLOSURE OF E-Z BET BRANCH - COUNTRY GROVE INN, TROY For entry into the minutes, on January 6, 2009, the New York State Racing and Wagering Board approved an amendment to the Capital District Regional Off-Track Betting Corporation plan of operation to reflect the closure, effective December 31, 2008, of the off-track betting operations at the EZ-Bet facility located at the Country Grove Inn in Troy, New York. 4 13. CAPITAL DISTRICT REGIONAL OTB – REACTIVATED CAPITAL BETS ACCOUNTS PROMOTION For entry into the minutes, on January 6, 2009, the New York State Racing and Wagering Board approved the application of Capital District Regional Off-Track Betting Corporation to conduct an account wagering promotion as described in the application dated December 17, 2008 and clarified on January 6, 2009. 14. CAPITAL REGIONAL OTB – REQUEST TO IMPORT VARIOUS LOCATIONS IN 2009 For entry into the minutes, on December 24, 2008, the New York State Racing and Wagering Board approved an amendment to the Capital District Regional Off-Track Betting Corporation simulcast plan of operation authorizing the simulcast for wagering purposes of races from Hawthorne Racecourse, Illinois through January 11, 2009. 15. For entry into the minutes, on December 24, 2008, the New York State Racing and Wagering Board approved an amendment to the Capital District Regional Off-Track Betting Corporation simulcast plan of operation authorizing the simulcast for wagering purposes of races from the following tracks during the year 2009, except as limited below: 1. Monticello Raceway Management, Inc., New York 2. The New York Racing Association, New York 3. Saratoga Harness Racing, Inc., NY through March 11, 2009 only 4. Yonkers Raceway, New York. 16. For entry into the minutes, on December 24, 2008, the New York State Racing and Wagering Board approved an amendment to the Capital District Regional Off-Track Betting Corporation simulcast plan of operation authorizing the simulcast for wagering purposes of races from FR Park Racing (Freehold Raceway), LP, New Jersey through January 31, 2009. 17. For entry into the minutes, on December 29, 2008, the New York State Racing and Wagering Board approved an amendment to the Capital District Regional OTB Corporation simulcast plan of operation authorizing the simulcast for wagering purposes of races from Buffalo Raceway, New York through July 26, 2009. 18. For entry into the minutes, on January 5, 2009, the New York State Racing and Wagering Board approved an amendment to the Capital District Regional OTB Corporation simulcast plan of operation authorizing the simulcast for wagering purposes of races from: 1. Balmoral Park, Illinois through December 30, 2009 2. Turfway Park, Kentucky through April 2, 2009 3. Maywood Park, Illinois through December 31, 2009 4. Northfield Park, Ohio through June 30, 2009 5. Los Alamitos Quarter Horse Racing, California through December 20, 2009. 5 19. For entry into the minutes, on January 9, 2009, the New York State Racing and Wagering Board approved an amendment to the Capital District Regional OTB Corporation simulcast plan of operation authorizing the simulcast for wagering purposes of races from: 1. Beulah Park, Ohio through May 2, 2009 2. Dover Downs, Delaware through December 31, 2009 3. Penn National Race Course, Pennsylvania through December 31, 2009 4. Philadelphia Park, Pennsylvania through December 31, 2009. 20. CAPITAL REGIONAL OTB – REQUEST TO IMPORT VARIOUS LOCATIONS IN 2008 For entry into the minutes, on December 5, 2008, the New York State Racing and Wagering Board approved an amendment to the Capital District Off-Track Betting Corporation simulcast plan of operation authorizing the simulcast for wagering purposes of the Japan Club Dirt from Northwest Racing Associates (Emerald Downs), Washington on December 6, 2008. 21. CATSKILL REGIONAL OTB – REQUEST TO IMPORT VARIOUS LOCATIONS IN 2009 For entry into the minutes, on January 6, 2009, the New York State Racing and Wagering Board approved an amendment to the Catskill OTB Corporation simulcast plan of operation authorizing the simulcast for wagering purposes of races from Northfield Park, Ohio through June 30, 2009. 22. For entry into the minutes, on January 6, 2009, the New York State Racing and Wagering Board approved amendments to the plans of operation of the Catskill, Capital, and Western Regional Off-Track Betting
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