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2002 - Harness Tracks of America, Inc.

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HARNESS TRACKS OF AMERICA<br />

Executive Newsletter<br />

A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />

Stanley F. Bergstein, Editor<br />

VERNON GETS TEMP LICENSE<br />

The New York Racing and Wagering Board yesterday<br />

issued a temporary 90-day racing and simulcasting<br />

license to Mid-State Raceway, the parent<br />

<strong>of</strong> Vernon Downs, which will enable the track<br />

to open its season as scheduled on May 3. Although<br />

the racing board staff expressed concern<br />

about licensing pending further investigation,<br />

board chairman Mike Hoblock said, “I think this<br />

is the best we can do under the circumstances,”<br />

adding that the track was “about a day” from being<br />

closed down. The issues <strong>of</strong> concern included<br />

the role <strong>of</strong> investor Shawn Scott and and regulatory<br />

compliance issues involving him. Scott’s $8.5<br />

million loan enabled the track to meet outstanding<br />

obligations and kept it from losing its stretch turn<br />

hotel.<br />

Under the terms <strong>of</strong> the conditional license, Scott<br />

and his associates are prohibited from being involved,<br />

directly or indirectly, in the management<br />

or affairs <strong>of</strong> Vernon, or <strong>of</strong> directly or indirectly influencing<br />

its directors, <strong>of</strong>ficers or employees in<br />

any way. Failure to comply with the conditions set<br />

forth by the board, or derogatory information concerning<br />

the licsensibility <strong>of</strong> Shawn Scott, the lender<br />

entities or those individuals or entities associated<br />

with the lender’s interests would result in termination<br />

<strong>of</strong> the temporary licenses prior to July 6, <strong>2002</strong>,<br />

their ending date. Vernon president and CEO said<br />

he had no complaints with the conditions, and said<br />

that “if Scott wants to participate with Vernon<br />

Downs, I’m sure he’ll cooperate in every way possible.”<br />

SIMULCASTING TRIAL ENDS<br />

Bowing to racing regulators’ view that cross-breed<br />

simulcasting between Pompano and<br />

Gulfstream Parks violated Florida law, the<br />

two tracks ended their experiment yesterday.<br />

Dick Feinberg, Pompano’s GM, said<br />

racing fans were the biggest losers.<br />

April 9, <strong>2002</strong><br />

Both tracks plan to pursue the matter, seeking an<br />

immediate review and “judicial resolution” <strong>of</strong> the<br />

issue. Under the agreement, the two tracks were<br />

exchanging their simulcast signals, and Feinberg<br />

said the cross-breed simulcasting “has been enjoyed<br />

by hundreds <strong>of</strong> racing fans who have appreciated<br />

the convenience <strong>of</strong> watching and wagering<br />

on thoroughbred racing at Pompano.” Pompano’s<br />

daily simulcasts <strong>of</strong> other out-<strong>of</strong>-state thoroughbred<br />

action after 6 p.m. is not affected by the ban.<br />

SCHWARTZ CALLS FOR MERGER<br />

Blood-Horse Interactive reports today that the<br />

magazine has obtained a copy <strong>of</strong> a late February<br />

letter sent by New York Racing Assn. chairman<br />

Barry Schwartz to New York City mayor Michael<br />

Bloomberg, saying a merger between New York<br />

City OTB and NYRA “would have no downside”<br />

and would make New York racing able to compete<br />

more effectively against Magna Entertainment and<br />

Churchill Downs, which NYRA considers competition.<br />

According to Blood-Horse, Schwartz <strong>of</strong>fered<br />

to share excess pr<strong>of</strong>it above base numbers equally<br />

with OTB, and said the idea would provide “substantial<br />

budget relief to the city in the near term,<br />

and enormous potential for long-term economic development<br />

over the coming decades.” Schwartz<br />

told the mayor that Magna, which thought it had<br />

bought New York City OTB under the Giuliani<br />

administration, and Churchill had a strategy <strong>of</strong><br />

“driving a wedge between NYRA and NYCOTB”.<br />

He said New York was “in grave danger <strong>of</strong> losing<br />

out leverage in the industry,” and that merger could<br />

make New York “a dominant force in determining<br />

the price for which races are bought and sold in<br />

the simulcast market.” He said unions, which opposed<br />

the sale <strong>of</strong> NYCOTB last year, would accept<br />

a merger, and talked <strong>of</strong> “crafting a merger<br />

that will be satisfactory to all concerned.”

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