Maryland Administrative Code

.20 Zoning and Government Improvements. A. The application documents shall: (1) Describe the applicable zoning designation for the racetrack site; (2) List any local zoning or special use permits, including liquor sales permits, that the applicant must obtain for the racetrack si…

.21 Defects. The application documents shall state whether the racetrack site: A. Has any geological or structural defects and include a description of the engineering, design, and construction plans to remedy the defect; and B. Is located in a floodplain and include a descriptio…

.22 Access and Transportation. A. The application documents shall include a traffic flow study prepared by a traffic engineer containing a: (1) Statement, in miles, of the distance of the racetrack site from the center of the nearest population center; (2) Description and map of …

.23 Architect's Plan. A. The application documents shall include: (1) Layout drawings of the proposed: (a) Racing strip, (b) Facilities and equipment, (c) Facilities for horses and personnel, and (d) Customer facilities; and (2) A description of the experience of the architect wh…

.24 Racetrack Dimensions. A. The application documents shall state the dimensions and specifications of each racetrack to be provided on association grounds, including the: (1) Total length; (2) Width; (3) Banking, with a description of the method of transition into and out of tu…

.25 Public Areas. A. The application documents shall state the specifications for areas of the racetrack facility to which the public will have access and include a description of the configuration and location of the: (1) Grandstand; (2) Total number of seats, designating the in…

.26 Parking Facilities. The application documents shall state the specifications for parking facilities for the racetrack, including a description of the: A. Access to the parking facilities from each roadway adjacent to the racetrack site; B. Location and number of spaces for ea…

.27 Facilities for Horses and Personnel. A. The application documents shall describe the: (1) Facilities for stabling horses; (2) Facilities for obtaining specimens for testing horses and humans for drugs; (3) Prerace holding area and paddock; (4) Facilities for owners, trainers,…

.28 Utilities and Easements. A. The application documents shall describe the location of utilities throughout the racetrack site, including: (1) Whether electrical service is overhead or underground; (2) The location, depth, and size of water and sewer lines; and (3) Availability…

.29 Fiscal Information. A. The application documents shall include audited financial statements of the applicant for each of the 3 fiscal years preceding the date the application documents are submitted, including a: (1) Balance sheet; and (2) Profit and loss statement. B. If the…

.30 Loans. A. The application documents shall state each loan made by the applicant in an amount that exceeds 1 percent of the applicant's net income for the year in which the loan was made. B. The disclosure for each loan listed under §A of this regulation shall include: (1) The…

.31 Debt. A. The application documents shall describe any lien that encumbers 1 percent or more of the applicant's assets or 1 percent or more of the assets of a person with an ownership interest in the applicant of 25 percent or more. B. The disclosure for each lien listed under…

.32 Budgets. A. The application documents shall describe the costs of construction or improvement of the racetrack facilities. B. The disclosure required under §A of this regulation shall state whether each item is a fixed cost or a projection, and shall include the costs of: (1)…

.33 Funding. A. The application documents shall state the source of funds for the construction or operation of the racetrack. B. If a source of funds listed under §A of this regulation is an equity contribution, the applicant shall disclose the: (1) Amount of contribution; (2) Te…

.34 Financial Forecasts. A. Based upon the experiences of one or more operating racetracks, the application documents shall include a financial forecast regarding the operation of the proposed racetrack and pari-mutuel wagering for each of the first 5 years after a license is gra…

.35 Race Meetings. A. The application documents shall describe the type of race meetings the applicant plans to conduct each year, including the number of: (1) Live race meetings and the number of live race days per week; and (2) Simulcast race meetings and the number of simulcas…

.36 Management. A. The application documents shall include a list of the individuals who will be responsible for the operation of the racetrack. B. For each individual listed under §A of this regulation, the documents shall: (1) Include a set of the individual's fingerprints; (2)…

.37 Concessions. A. The application documents shall describe the applicant's plan for concessions, including food, beverages, and promotional products. B. If the applicant intends to contract with a person or a concessions company to provide the concessions, the application docum…

.38 Pari-Mutuel Operations. The application documents shall describe the applicant's pari-mutuel facilities and operations, including a description of the totalisator equipment proposed to be used.

.39 Operations Contracts. A. If an association submits a written contract under Regulation .36, .37 or .38 of this chapter, the application documents shall include, for each party to the contract: (1) Audited financial statements and an auditor's report; or (2) Unaudited financia…

.40 Out-of-State Distributions. The application documents shall state the amount of money that will be paid by the association, during each of the first 5 years of operation, to entities located outside Maryland as: A. Payments of profit or other distributions to investors residi…

.41 Racing Equipment. The application documents shall describe the equipment to be used in conducting races, including the starting gate, the timing of the races, photo finish, and videotape equipment.

.42 Purse Structure. The application documents shall state the percentage of the takeout from the handle that will be allocated to purses.

.43 First Aid and Safety Monitoring. The application documents shall: A. Describe the first-aid facilities and personnel to be available at the racetrack, including the level of training of the personnel; B. State the travel time to the hospital nearest the racetrack and the aver…

.44 Security Documents. The application documents shall include plans that provide for the safety and security of the patrons, the racing animals, and the racetrack personnel. Cross References 09.10.06.45 09.10.06.46

.45 Local Emergency Services. The safety and security plans under Regulation .44 of this chapter shall describe the: A. Local emergency services available to the racetrack, including fire fighting, law enforcement, and medical emergency services; B. Security equipment for the rac…

.46 Security Personnel. The safety and security plans under Regulation .44 of this chapter shall: A. Describe the security personnel at the racetrack; B. State whether the personnel will be employed by the association or by an independent contractor; C. Describe the organization …

.47 Fire Safety and Emergency Procedures. The safety and security plans shall describe: A. The fire safety and emergency procedures for the racetrack, including procedures for: (1) Protecting or evacuating the patrons and controlling traffic in an emergency, such as a natural dis…

.48 Minority Participation. Any contract between the applicant and another party shall contain a provision for minority participation.

.49 Reasonable Diligence Required. A. If the Commission determines that an association is failing to exercise reasonable diligence in preparing a new racetrack to begin racing on the date approved by the Commission, the Commission may revoke its approval of the applicant and reop…

.50 Hearing. A. Before approving or denying a license, the Commission shall conduct a hearing on the application in accordance with State Government Article, Title 10, Annotated Code of Maryland. B. The burden of proof shall be on the applicant to show that the applicant complies…

.51 Denial of License. A. The Commission may deny a license if the Commission: (1) Does not approve of the information submitted in Phase I or II of the application procedure; (2) Determines that: (a) There has not been compliance with the time schedule submitted by the applicant…

.01 Amount of Brokerage Agreed Upon. A. Each listing contract or sales contract shall state the amount of brokerage agreed upon, in either a specific amount or a specific percentage. B. The licensee may not accept a listing contract to sell real property that provides for a net r…

.02 Broker as Principal and Agent. A broker may not act as principal and agent in the same transaction without consent of all parties concerned.

.03 Prior Acts or Conduct. For administrative efficiency, renewal applications which are filed properly shall be processed automatically. Renewal of a license therefore may not affect the power of the Commission to bring charges for prior acts or conduct.

.04 Failure to Renew License — Repealed.

.05 Submission of Credit Report. An applicant for an original real estate broker's license shall submit a credit report from an approved credit reporting agency. The credit report shall include any judgments and local, state or federal tax liens of the applicant.

.06 Records of Transactions. If a licensee has custody or possession of money belonging to others, in the absence of proper written instructions from the parties involved in the transaction to the contrary, they shall be deposited and retained in a non-interest-bearing escrow acc…

.07 Establishing an Escrow or Special Account. A. A real estate broker shall maintain a non-interest-bearing escrow or special account and report the bank's name and account number to the Commission as soon as trust monies are received. If a licensee establishes another non-inter…

.08 Change of Business Location. When a licensed broker changes business location, the licensed broker shall notify the Commission in writing within 10 days.

.09 Instruction in Real Estate Principles and Practices for Salespersons. A. Course of Instruction. (1) Every applicant for licensure as a real estate salesperson shall furnish, at the time of filing an application for licensure, evidence of having satisfactorily completed a cour…

.10 Residential Listing Contracts to be in Writing and Signed. All residential listing contracts, listing real property for sale, rental, lease, or exchange, either exclusive or open, shall be in writing and signed, and a copy of the contract shall be given to the seller or owner…

.11 Place of Business for Real Estate Broker. The definite place of business required by Business Occupations and Professions Article, §17-507, Annotated Code of Maryland, shall be an office or headquarters where the real estate broker and the real estate broker’s employees regul…

.12 Instruction in Real Estate Principles and Practice for Brokers. A. Course of Instruction. (1) Every applicant for licensure as a real estate broker shall furnish, at the time of filing an application for licensure, evidence of having satisfactorily completed a course of instr…

.13 Failure to Respond. A. If an applicant or licensee receives from the Commission a written communication requesting a response, the applicant or licensee shall respond in writing within 30 days of the date of the mailing. B. The Commission shall send a written communication by…

.14 Instruction in Human Relations Aspect of Real Estate. The basic course of instruction required of salesmen by Business Occupations and Professions Article, §17-303(d), Annotated Code of Maryland, shall include instruction in the human relations aspect of the practice of real …

.15 Amount of Compensation Recoverable from Real Estate Guaranty Fund. The amount of compensation recoverable by a claimant from the Real Estate Guaranty Fund, pursuant to Business Occupations and Professions Article, Title 17, Subtitle 4, Real Estate Guaranty Fund, Annotated Cod…

.16 Use of Trade Names. A. For the purpose of this regulation, the following terms have the meanings indicated. B. Definitions. (1) “Advertising” means all oral, written , and visual advertising done by the licensee or by others on behalf of the licensee including telephone solic…

.17 Escrow Account Signators. A real estate broker shall be a signator or at least one of the signators on checks which may be drawn on escrow accounts which, under Business Occupations and Professions Article, Title 17, Subtitle 5, Part I, Annotated Code of Maryland, this real e…

.18 Disposition of Deposit Monies Held by Licensees. In any transaction in which a licensee has custody or possession of funds which belong to others, in the absence of a provision to the contrary, in the contract of sale, rental lease, option agreement, or other similar type of …