MINUTES NEW YORK STATE RACING AND WAGERING BOARD MEETING OF JANUARY 23, 2008 A meeting of the New York State Racing and Wagering Board was held on Wednesday, January 23, 2008 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 11:10 a.m. In Attendance Were: Daniel D. Hogan, Chairman Michael J. Hoblock, Jr., Member John Cansdale, Executive Director Robert Feuerstein, General Counsel Joseph Lynch, Director of Racing Operations Thomas Casaregola, Director of Audits & Investigations Gail Pronti, Secretary to the Board Also in Attendance Were: Daniel Toomey, NYSR&WB Norma Soodsma, NYSR&WB Kristen Buckley, NYSR&WB Vivian Davis, NYSR&WB Richard Goodell, NYSR&WB William Sekellick, NYSR&WB James Kellogg, NYSR&WB Dan Wray, NYC OTB Robert Hemsworth, Capital OTB Carin M. Cardinale, Towne, Bartkowski, DeFio, Kean, P.C. Bob Conner, Daily Gazette Charles Coppola, Coppola, Ryan OPEN COMMENT PERIOD: There were no comments. A. The Board approved the minutes of the Board meetings held on December 27, 2007 and December 29, 2007. B. ITEMS PREVIOUSLY APPROVED OR DEFERRED BY THE CHAIR. 1. CAPITAL DISTRICT REGIONAL OTB – REQUEST FOR APPROVAL OF JANUARY 2008 FAN PROMOTIONS For entry into the minutes, on December 28, 2007, the New York State Racing and Wagering Board approved an application by the Capital District Regional Off-Track Betting Corporation to offer promotions during the month of January 2008 to its customers. These promotions consist of Giveaway Days on January 1, 3, 21 at the Albany Teletheater, on January 18, in Glens Falls, January 19 at Lansingburgh, and January 26 in Amsterdam, New York. In addition, there will also be an Online Giant Jackpot “Knockout Challenge” handicapping contest on January 11 and 25 for all Capital Bets account holders and a handicapping seminar event on January 27 at the Albany Teletheater. This approval is conditioned on there being no charge for entry into the January 27 random drawing and compliance with the rules set forth in the December 17, 2007 application. These promotions are subject to audit by the Board. 2. CAPITAL DISTRICT REGIONAL OTB – REQUEST FOR PICK SIX CARRYOVER PROMOTIONS THROUGHOUT CALENDAR YEAR 2008 For entry into the minutes, on January 4, 2008, the NYS Racing and Wagering Board approved an application by the Capital District Regional Off-Track Betting Corporation to conduct pick-six promotions during all of 2008 provided that the Pick Six has more than $100,000 available that day. The Pick-Six availability will be a share of the winnings from the selections of the one Capital OTB handicapper from TV-12 picked for that day from among ten (10) randomly drawn patrons. These promotions must be conducted in accordance with the terms of the application and are subject to audit. 3. CAPITAL DISTRICT REGIONAL OTB – REQUEST TO IMPORT VARIOUS LOCATIONS IN 2008 For entry into the minutes, on December 31, 2007, the New York State Racing and Wagering Board approved the request of Capital District Regional Off-Track Betting Corp. to receive the simulcast and conduct pari-mutuel wagering from the host tracks set forth below through the earlier of either January 15, 2008 or further action by the Board: 2 LA Quarterhorse Meet Meadowlands/Monmouth Northfield Hawthorne Sam Houston Turf Paradise, Freehold, Turfway Park Pompano Park Tampa Bay Downs Hawthorne Race Course. 4. For entry into the minutes, on January 4, 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 Sunland Park, New Mexico through April 22, 2008. 5. CATSKILL REGIONAL OTB – REQUEST TO IMPORT VARIOUS LOCATIONS IN 2008 For entry into the minutes, on December 31, 2007, the New York State Racing and Wagering Board approved the request of Catskill Regional Off-Track Betting Corp. to receive the simulcast and conduct pari-mutuel wagering from Northville Downs through the earlier of either January 15, 2008 or further action by the Board. 6. FINGER LAKES RACETRACK – REQUEST TO OFFER PROMOTIONS DURING JANUARY 2008 For entry into the minutes, on January 3, 2008, the NYS Racing and Wagering Board approved the Finger Lakes Racetrack request to hold a $1,000.00 “Hit The Board” Eliminator Challenge Saturdays, January 5, 12, 19 and 26, 2008. It is the Board’s understanding that no fee is associated with this competition. This promotion must be conducted in accordance with the terms of the application to the Board and is subject to audit. 7. FINGER LAKES RACETRACK – REQUEST TO OFFER PROMOTION – CUSTOMER APPRECIATION PROGRAM For entry into the minutes, on January 9, 2008, the NYS Racing and Wagering Board approved the Finger Lakes Racetrack request to conduct “simulcast customer appreciate programs” on various Fridays, Saturdays and Sundays throughout 2008. This promotion must be conducted in accordance with the application dated January 4, 2008 and is subject to audit by the Board. 8. FINGER LAKES RACETRACK – REQUEST TO IMPORT VARIOUS LOCATIONS IN 2007 For entry into the minutes, on December 24, 2007, the New York State Racing and Wagering Board approved an amendment to the plan of operation of Finger Lakes Racetrack authorizing the simulcast for wagering purposes of races from Santa Anita for the remainder of 2007. 3 9. FINGER LAKES RACETRACK – REQUEST TO IMPORT VARIOUS LOCATIONS IN 2008 For entry into the minutes, on December 28, 2007, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from TP Racing L.L.L.P. d.b.a. Turf Paradise, Arizona for the year 2008. 10. For entry into the minutes, on December 28, 2007, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Fair Grounds Race Course, Louisiana through March 23, 2008. 11. For entry into the minutes, on December 28, 2007, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Laurel Park, Maryland from January 1, 2008, through April 13, 2008. 12. For entry into the minutes, on December 28, 2007, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Tampa Bay Downs, Florida through May 4, 2008. 13. For entry into the minutes, on December 28, 2007, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Hawthorne Racecourse, Illinois during 2008. 14. For entry into the minutes, on December 28, 2007, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Turfway Park LLC, Kentucky through April 3, 2008. 15. For entry into the minutes, on December 31, 2007, the New York State Racing and Wagering Board approved the request of Finger Lakes Racetrack to receive the simulcast and conduct pari-mutuel wagering from the host tracks set forth below through the earlier of either January 15, 2008, or further action by the Board: Aqueduct Racetrack Calder Race Course Fairgrounds Monticello Raceway Beulah Park Turf Paradise Turfway Park. 4 16. For entry into the minutes, on January 3, 2008, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from: 1. Gulfstream Park, Florida through April 20, 2008 2. Philadelphia Park, Pennsylvania through December 31, 2008. 17. For entry into the minutes, on January 3, 2008, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from: 1. Santa Anita, California through April 20, 2008 2. Golden Gate Fields, California through February 3, 2008. 18. MONTICELLO RACEWAY – REQUEST TO IMPORT VARIOUS LOCATIONS IN 2007 For entry into the minutes, on December 24, 2007, the New York State Racing and Wagering Board approved an amendment to the plan of operation of Monticello Raceway Management, Inc. authorizing the simulcast for wagering purposes of races from Golden Gate Fields and Santa Anita for the remainder of 2007. 19. MONTICELLO RACEWAY – REQUEST TO IMPORT VARIOUS LOCATIONS IN 2008 For entry into the minutes, on December 28, 2007, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway Management, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Attractions Hippiques, (Montreal, Aylmer, Quebec and Trois-Rivieres), Canada through December 31, 2008. 20. For entry into the minutes, on December 28, 2007, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway Management, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Woodbine Entertainment Group, (Woodbine and Mohawk), Ontario, Canada through December 31, 2008. 21. For entry into the minutes, on December 28, 2007, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway Management, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Turfway Park LLC, Kentucky through April 3, 2008.