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PARRIS N. GLENDENING, Governor
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Ch. 309
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(II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE FUNDS
SHALL BE MADE AVAILABLE TO THE APPLICABLE LICENSEE IN PROPORTION TO THE
AMOUNT CONTRIBUTED BY EACH LICENSEE.
(2) (I) FUNDS THAT ARE MADE AVAILABLE TO A MILE
THOROUGHBRED LICENSEE UNDER PARAGRAPH (1) OF THIS SUBSECTION THAT ARE
ATTRIBUTABLE TO THE TAKEOUT ALLOCATION UNDER § 11-515 OF THIS TITLE SHALL
BE USED BY THE LICENSEE FOR IMPROVEMENTS APPROVED BY THE COMMISSION
PURSUANT TO A PLAN SUBMITTED BY THE LICENSEE.
(II) IN THE PLAN REQUIRED UNDER THIS PARAGRAPH, THE
LICENSEE SHALL DEMONSTRATE THAT THE LICENSEE AND ITS AFFILIATES WILL
SPEND IN EACH YEAR FOR WHICH ASSISTANCE IS MADE AVAILABLE UNDER THIS
SUBSECTION:
1. THE AVERAGE ANNUAL AMOUNT SPENT FOR MARKETING
AND PROMOTION BY THE LICENSEE AND ITS AFFILIATES FOR THE CALENDAR YEARS
1993 THROUGH 1997; AND
2. AN AMOUNT EQUAL TO THE FUNDS MADE AVAILABLE TO
THE LICENSEE AND ITS AFFILIATES UNDER THIS SUBSECTION.
(3) IF THE COMMISSION FINDS THAT A LICENSEE IS NOT IN
COMPLIANCE WITH THE REQUIREMENTS OF PARAGRAPH (2) OF THIS SUBSECTION,
THE COMMISSION:
(I) MAY DIRECT THE CORPORATION NOT TO MAKE FUNDS
AVAILABLE TO THE LICENSEE; AND
(II) SHALL NOTIFY THE LICENSEE, STATE FINDINGS OF FACT, AND
PROVIDE THE LICENSEE AN OPPORTUNITY TO CURE THE DEFICIENCY WITHIN A
REASONABLE TIME.
(G) NO FUNDS MAY BE MADE AVAILABLE TO LICENSEES UNDER SUBSECTION
(F) OF THIS SECTION AFTER JUNE 30, 2016.
(F) (H) NOTHING IN THIS SECTION MAY BE CONSTRUED TO LIMIT OR ALTER
THE POWERS GRANTED TO THE CORPORATION BY LAW.
11-1207.
(A) BEFORE A LICENSEE MAY RECEIVE ANY ASSISTANCE UNDER THIS
SUBTITLE, THE AUTHORITY SHALL REVIEW AND DETERMINE WHETHER TO APPROVE
OR DISAPPROVE ALL CAPITAL IMPROVEMENTS OF AN ELIGIBLE RACING LICENSEE
WHICH ARE FUNDED IN WHOLE OR IN PART BY PROCEEDS FROM BONDS ISSUED BY
THE CORPORATION.
(B) APPROVAL BY THE AUTHORITY SHALL BE GIVEN IF THE FOLLOWING
CONDITIONS ARE MET:
(1) THE PROPOSED CAPITAL IMPROVEMENTS ARE CONSISTENT WITH
THE MASTER PLAN APPROVED BY THE COMMISSION;
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- 1869 -
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