MINUTES NEW YORK STATE RACING AND WAGERING BOARD MEETING OF JANUARY 28, 2010 A meeting of the New York State Racing and Wagering Board was held on Tuesday, January 28, 2010 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 Robert Feuerstein, General Counsel Joseph Lynch, Director of Racing Operations Thomas Casaregola, Audits & Investigations Gail Pronti, Secretary to the Board Also in Attendance Were: Kenneth Council, Director of Administration Joseph Mahoney, NYSR&WB Kristen Buckley, NYSR&WB Vivian Davis, NYSR&WB John Googas, NYSR&WB Rick Goodell, NYSR&WB William Sekellick, NYSR&WB James Kellogg, NYSR&WB Stacy Harvey, NYSR&WB James Crane, Crane, Parente James Gallagher, NYTHA OPEN COMMENT PERIOD: No comments were made. A. The Board approved the minutes of the Board meeting held on December 15, 2009. B. ITEMS PREVIOUSLY APPROVED OR DEFERRED BY THE CHAIR 1. BUFFALO RACEWAY – REQUEST TO IMPORT VARIOUS LOCATIONS IN 2009 For entry into the minutes, on December 10, 2009, 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 from December 12 through December 31, 2009. 2. BUFFALO RACEWAY – IMPORT OF VARIOUS LOCATIONS IN 2010 For entry into the minutes, on December 16, 2009, 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 from January 1 through May 2, 2010. 3. For entry into the minutes, on December 24, 2009, 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: 1. Hawthorne Race Course, Illinois through December 31, 2010 2. Fair Grounds Race Course, Louisiana from December 26, 2009 through March 28, 2010 3. Los Angeles Turf Club at Santa Anita Park, California, from December 26, 2009 through April 18, 2010. 4. For entry into the minutes, on December 29, 2009, 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 Woodbine Entertainment Group (Woodbine Racetrack and Mohawk Raceway), Ontario, Canada through December 31, 2010. 5. For entry into the minutes, on December 29, 2009, 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: 1. Monticello Raceway, New York through December 31, 2010 2. The New York Racing Association, Inc., New York through December 31, 2010. 2 6. For entry into the minutes, on December 29, 2009, 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: 1. Dover Downs, Inc., Delaware through April 15, 2010 2. NJSEA (Meadowlands-Harness), New Jersey through December 31, 2010 3. Northfield Park, Ohio through December 31, 2010. 7. For entry into the minutes, on January 5, 2010, 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 Yonkers Raceway, New York through December 31, 2010. 8. For entry into the minutes, on January 5, 2010, 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: 1. Gulfstream Park, Florida from January 3 through April 24, 2010 2. Laurel Park, Maryland through April 11, 2010 3. The Meadows, Pennsylvania through June 30, 2010 4. Freehold Raceway, New Jersey through January 31, 2010 5. Penn National Race Course, Pennsylvania through December 31, 2010. 9. For entry into the minutes, on January 13, 2010, 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: 1. Oaklawn Park, Arkansas from January 15 through April 10, 2010 2. Charles Town Races, West Virginia through December 31, 2010. 10. For entry into the minutes, on January 13, 2010, 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 Turfway Park LLC (Winter/Spring Meet), Kentucky through March 28, 2010. 11. BUFFALO RACEWAY – EXPORT TO VARIOUS LOCATIONS IN 2010 For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved the Buffalo Trotting Association, Inc. request to simulcast its standardbred racing programs for wagering purposes during the year 2010 to: 1. Lewiston Raceways, Inc. (with five [5] secondary sites), Maine 2. NJSEA (Meadowlands & Monmouth), New Jersey 3. Northfield Park, Ohio. 3 12. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved Buffalo Trotting Association, Inc.’s request to simulcast its standardbred racing programs for wagering purposes during 2010 to: 1. Capital District Off-Track Betting Corporation, New York 2. Western Regional Off-Track Betting Corporation, New York 3. Batavia Downs, New York 4. Saratoga Gaming and Raceway, New York. 13. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved the Buffalo Trotting Association, Inc. request to simulcast its standardbred racing programs for wagering purposes from January 15 through July 25, 2010 to: 1. Ocean Downs, (with one [1] secondary site), Maryland 2. Indiana Downs (with two [2] secondary sites), Indiana 3. Beulah Park, Ohio 4. Mohegan Sun at Pocono Downs (with four [4] secondary sites), Pennsylvania. 14. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved Buffalo Trotting Association, Inc.’s request to simulcast its standardbred racing programs for wagering purposes from January 15 through July 25, 2010 to: 1. Tioga Downs, New York 2. Vernon Downs, New York 3. Monticello Raceway, New York. 15. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved the Buffalo Trotting Association, Inc. request to simulcast its harness racing programs for wagering purposes from January 15 through July 25, 2010 to: 1. Youbet.com, Oregon 2. Racing 2 Day, Oregon 3. Premier Turf Club, LLC, Oregon. 16. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved Buffalo Trotting Association, Inc.’s request to simulcast its standardbred racing programs for wagering purposes to Catskill Regional Off-Track Betting Corporation, New York through July 25, 2010. 17. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved the Buffalo Trotting Association, Inc. request to simulcast its standardbred racing programs for wagering purposes through July 25, 2010 to: 1. Philadelphia Park (with eight [8] secondary sites), Pennsylvania 2. Delaware Park, Delaware. 4 18. For entry into the minutes, on January 14, 2010, the New York State Racing and Wagering Board approved the Buffalo Trotting Association, Inc. request to simulcast its harness racing programs for wagering purposes from January 15 through July 25, 2010 to The Racing Channel, Oregon. 19. For entry into the minutes, on January 14, 2010, the New York State Racing and Wagering Board approved the Buffalo Trotting Association, Inc. request to simulcast its harness racing programs for wagering purposes from January 15 through July 25, 2010 to Day at The Track, Idaho. 20. CAPITAL DISTRICT REGIONAL OTB – DECEMBER 2009/ JANUARY 2010 PROMOTIONS For entry into the minutes, on December 8, 2009, the New York State Racing and Wagering Board approved the December 1, 2009 application by the Capital District Regional Off-Track Betting Corporation to conduct six Capital Bets Pick-Four promotions on December 11, 2009 and on January 1, 8, 15, 22 and 29, 2010. The dates of January 9 and 23, 2010 were also approved. 21. CAPITAL DISTRICT REGIONAL OTB – E Z BET CLOSURE – CARMODY’S WEST – HOOSICK FALLS For entry into the minutes, on December 10, 2009, the New York State Racing and Wagering Board approved an amendment to the Capital District Regional Off-Track Betting Corporation’s plan of operation to reflect the closure of the simulcast branch (E-Z Bet) of Carmody’s West of Hoosick Falls, N.Y. at the close of business on December 31, 2009. 22. CAPITAL DISTRICT REGIONAL OTB – JANUARY 2010 PROMOTIONS For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an application by the Capital District Regional Off-Track Betting Corporation to conduct the following promotions during the month of January 2010: 1. Fan Appreciation Days on January 9, January 16, January 22 and January 29, 2010, 2. A “Two-Man Challenge” on January 30, 2010, and 3. Online Giant Jackpot “Knockout Challenge” handicapping contests on January 2 and 16 for all Capital Bets account holders. 23. CAPITAL DISTRICT REGIONAL OTB – PICK SIX CARRY-OVER PROMOTIONS OVER $250,000 FOR 2010 For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved the December 21, 2009 application by the Capital District Regional Off-Track Betting Corporation to conduct pick-six carry-over promotions during 2010 as described in the application.