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 Ohio Administrative Code (Last Updated: January 12, 2021)
  3769 State Racing Commission
 Chapter3769-2. Administrative Rules

  3769-2-43. Commission to determine distribution percentage of video lottery terminal income.  

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  • (A) Permit holders licensed by the state racing commission who are video lottery sales agents of the Ohio lottery who have not entered into an agreement with the applicable state racing commission recognized horseman's association in accordance with division (C) of section 3769.087 of the Revised Code shall pay not less than nine per cent or more than eleven per cent of the video lottery terminal income for the benefit of breeding and racing in Ohio. The percentage so determined shall not be less than nine per cent or more than eleven per cent of the video lottery terminal income, and shall be a sliding scale based upon capital expenditures necessary to build the video lottery sales agent's master facility plan that was submitted and approved pursuant to Chapter 3770:2-12 of the Administrative Code. The determination of the amount of the allowable expenditure under the master facility plan will be determined by the Ohio facilities construction commission, unless previously determined by the state architect's office. The incremental adjustments of the sliding scale are set forth in the following table:

    Total Investment ($MM) Inclusive of assumed credit of $25mm given for the value of existing land & facilities

    Effective Horse Rate at 0.15 % Buy Down Increment

    Excluding License Fee

    Including License Fee

    11% Rate

    $ 150.00

    $ 200.00

    11%

    $ 160.00

    $ 210.00

    10.85 %

    $ 170.00

    $ 220.00

    10.70 %

    $ 180.00

    $ 230.00

    10.55 %

    $ 190.00

    $ 240.00

    10.40 %

    $ 200.00

    $ 250.00

    10.25 %

    $ 210.00

    $ 260.00

    10.10 %

    $ 220.00

    $ 270.00

    9.95 %

    $ 230.00

    $ 280.00

    9.80 %

    $ 240.00

    $ 290.00

    9.65 %

    $ 250.00

    $ 300.00

    9.50 %

    $ 260.00

    $ 310.00

    9.35 %

    $ 270.00

    $ 320.00

    9.20 %

    $ 280.00

    $ 330.00

    9.05 %

    $ 290.00

    $ 340.00

    9.00 %

    (B) The percentage of video lottery terminal income identified in paragraph (A) of this rule shall be paid and distributed consistent with industry practices.


Effective: 8/13/2017
Five Year Review (FYR) Dates: 08/13/2022
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.087(C), 3770.03, 3770.21