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PennsylVania ·.Gaming. ·control Board

CONDITIONAL/CATEGORY 1- APPLICATION AND (\ DISCLOSURE INFORMATION FORM

Valley View Downs, LP

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APPLICANT INFORMATION

WOMEN'S BUSINESS ENTERPRISE OF THE DEPARTMENT OF GENERAL SERVICES? 0 YES !lJ No

IF YES, PROVIDE ENTERPRISE CERTIFICATION NUMBER. -------

D SOLE PROPRIETORSHIP D PARTNERSHIP .tJ LIMJTEO PARTNERSHIP c C-CORPORATION

D LIMITED LIABILI'!Y COMPANY D S-CORPORATION DTRUST

r', r · o OTHER (DESCRIBE) ___________________________ _

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OTHER STATE, LOCALITY OR THE FEDERAL GOVERNMENT?

IF YOU ANS~ YES, PROVIDE DETAILS CONCERNING ALL OUTSTANDING TAX LIABILITIES.

THE NEXT SECTION ASKS Af!OUT ANY OFFENSES OR CHARGES APPLICANT OR ANY OF ITS OFFICERS, DIRECTORS/PARTNERS OR TRUSTEES MAY HAVE COMMIITED OR HAD FILED AGAINST THEM. PRIOR TO ANSWERING THIS QUESTION, CAREFULLY REVIEW THE DEFINITIONS AND INSTRUCTIONS THAT FOLLOW.,

DEFINITIONS FOR PURPOSES OF THIS SECTION:

A. "CRIME OR OFFENSE" INCLUDES ALL FELONIES AND MISDEMEANORS, AS WELL AS SUMMARY OFFENSES THAT MAY HAVE REQUIRED YOU TO APPEAR BEFORE A LAW

ENFORCEMENT AGENCY, STATE OR FEDERAL GRANO JURY, JUSTICE COURT, MUNICIPAL COURT, CITY COURT, TRAFFIC COURT, MILITARY COURT OR ANY OTHER COURT EXCEPT JUVENILE COURT. INCLUDE ALL DUI/DWJ OFFENSES.

B. "ARREST" INCLUDES ANY TIME THAT YOU WERE STOPPED BY A POLICE OFFICER OR OTHER LAW ENFORCEMENT OFFICER AND ADVISED THAT YOU WERE UNDER ARREST, DETAINED, HELD FOR QUESTIONING, REQUESTED BY A POLICE OFFICER OR LAW ENFORCEMENT OFFICER TO COME TO A POUCE STATION AND ANSWER QUESTIONS, TAKEN INTO CUSTODY BY ANY POLICE OFFICER OR OTHER LAW. ENFORCEMENT OFFICER, FINGERPRINTED, HELD IN JAIL, OR INSTRUCTED TO APPEAR IN COURT OR SUBPOENAED TO ANSWER FOR CONDUCT WHICH IS A CRIME AS HAS BEEN DEFINED IN PARAGRAPH "A."

C. "CHARGE" INCLUDES ANY INDICTMENT, COMPLAINT, INFORMATION, SUMMONS, CIT AnON OR OTHER NOTICE OF THE ALLEGED COMMISSION OF ANY CRIME OR OFFENSE AS DEFINED IN PARAGRAPH "A."

INSTRUCTIONS 1. ANSWER "YES" AND PROVIDE ALL INFORMATION TO THE BEST OF YOUR ABILITY EVEN IF:

PGCB-C 1-0907

A. YoU DID NOT COMMIT THE OFFENSE CHARGED;

B. THE A~REST OR CHARGES WE,RE DISMISSED OR THE CHARGES, WERE SUBSEQUENTLY DOWNGRADED TO A LESSER CHARGE;

C. YOU PLEADED NOT GUll TY OR NOLO CONTENDERE;

D. YOU COMPLETED AN ACCELERATED REHABiliTATIVE DISPOSITION ("ARo'l OR

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EQUIVALENT DIVERSIONARY PROGRAM;

E. THE CHARGES OR CONVICTION WERE EXPUNGED FROM YOUR RECORD, EVEN IF YOU HAVE EXPUNGEMENT PAPERS;

F. G.

You WERE NOT CONVICTED OR WERE FOl,IND "NOT GUlL TY";

YOU DID NOT SERVE ANY TIME IN PRISON OR JAIL;

H. THE ARRESTS, CHARGES OR OFFENSES HAPPENED A LONG TIME AGO;

I. YOU WERE ARRESTED OR CHARGED IN ANOTHER STATE (A STATE OTHER THAN PENNSYLVANIA);

J. YOU WERE NEVER PHYSICALLY TAKEN INTO CUSTODY AND/OR TRANSPORTED TO A POLICE STATION OR JAIL.

2. ANSWER "NO" IF:

A.

B. YOU HAVE NEVER BEEN ARRESTED OR CHARGED WITH ANY CRIME OR OFFENSE;

YOUR ARREST HAPPENED WHEN YOU WERE UNDER 18 YEARS OF AGE AND YOUR COURT APPEARANCE WAS IN JUVENILE COURT.

FAILURE TO FULLY ANSWER THIS QUESTION MAY RESULT IN THE DENIAL OF YOUR APPLICATION.

1. HAS APPLICANT OR ANY OF ITS OFFICERS, DIRECTORS/PARTNERS OR TRUSTEES EVER BEEN INDICTED, CHARGED WITH OR CONVICTED OF A CRIMINAL OFFENSE OR BEEN A PARlY TO OR NAMED AS AN UNINDICTED CO·CONSPIRATOR IN ANY CRIMINAL PROCEEDING IN THE COMMONWEALTH OR ANY OTHER JURISDICTION?

1. A. HAS APPLICANT OR ANY OF ITS DIRECTORS, OWNERS OR KEY EMPLOYEES EVER BEEN CONVICTED OF A FELONY OR GAMBLING OFFENSE Wl'fHIN THE PAST FIFTEEN (15) YEARS?

IF YOU ANSWER YES TO ErrHER QUESTION, YOU MUST COMPLETE SCHEDULE 23 CONCERNING CRIMINAL HISTORY.

2. HAS APPLICANT OR ANY OF ITS OFFICERS, DIRECTORS/PARTNERS, TRUSTEES, PRINCIPALS OR KEY EMPLOYEES EVER BEEN CALLED TO TESTIFY BEFORE, BEEN THE SUBJECT OF AN INVESTIGATION CONDUCTED BY, OR REQUESTED TO TAXE A POLYGRAPH EXAM BY ANY GOVERNMENTAL AGENCY, COURT, COMMITTEE, GRANO JURY OR INVESTIGATORY BODY (MUNICIPAL, STATE, COUNTY, PROVINCIAL, FEDERAL, NATIONAL, ETC.) OTKER THAN IN RESPONSE TO MINOR TRAFFIC RELATED OFFENSES?

IF YOU ANSWER YES, YOU MUST COMPLETE SCHEDULE 24 CONCERNING TESTIMONY, INVESTIGATIONS OR POLYGRAPHS.

3. HAS APPLICANT, OR ANY OF ITS AFFILIATES, INTERMEDIARIES, SUBSIDIARIES OR HOLDING COMPANIES EVER HAD A JUDGMENT, ORDER, CONSENT DECREE OR CONSENT ORDER PERTAINING TO A VIOLATION OR ALLEGED VIOLATION OF THE FEDERAL ANTITRUST, TRADE REGULATION OR SECURITIES LAWS, OR SIMILAR LAWS OF ANY STATE, PROVINCE OR COUNTRY ENTERED AGAINST rr?

IN THE PAST TEN YEARS, HAS , OR ANY OF ITS AFFILIATES, INTERMEDIARIES, SUBSIDIARIES OR HOLDING COMPANIES HAD A JUDGMENT, ORDER, CONSENT DECREE OR CONSENT ORDER. PERTAINING TO ANY STATE OR fEDERAL STATUTE, REGULATION OR CODE THAT RESULTED IN A FINE OR PENALTY OF $50,000 OR MORE ENTERED AGAINST IT?

IF YOU ANSWER YES TO EITHER QUESTION, YOU MUST COMPLETE SCHEDULE 26 CONCERNING ANTITRUST, TRADE REGULATION & SecURITY JUDGMENTs; STATUTORY AND REGULATORY VIOLATIONS.

PGCB-C1-0907 4

DYES r2l NO

12'.1YES 0 NO

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[';=~--r--- ·-:-=-~---,-._,- '~~7~\)Jff~:t~"'f~-- ~ ~---;·-·:-:-··;:·-:.,--·.-·-·C<---;:-·.-··-:-·r·-;-;-;~~£,_...;,._.~ __ : .. ~,-....-~ ... ~....:. .... ~~....;..l.:.:_ ~ \} ~ u: G "....:· _ _:_;,_.-~ .... :__:_~~.l....:.;.'J _,: ........ .:::~t~..._.! s. HAS APPLICANT, OR ANY OF ITS AFFILIATES, INTERMEDIARIES, SUBSIDIARIES OR HOLDING

DYES ~NO COMPANIES HAD ANY PETITION UNDER ANY PROVISION OF THE FEDERAL BANKRUPTCY CODE OR UNDER ANY STATE INSOLVENCY LAW FILED BY OR AGAINST IT IN THE LAST TEN (10) YEAR PERIOD? 6. HAS APPLICANT, OR ANY OF ITS AFFILIATES, INTERMEDIARIES, SUBSIDIARIES OR HOLDING

DYES l;llNO COMPANIES SOUGHT RELIEF UNDER ANY PROVISION OF THE FEDERAL BANKRUPTCY CODE OR UNDER ANY STATE INSOLVENCY LAW IN THE LAST TEN (1 0) YEAR PERIOD?

7. HAS A COURT APPOINTED ANY RECEIVER, FISCAL AGENT, TRUSTEE, REORGANIZATION DYES (Zl NO TRUSTEE, OR SIMILAR OFFICER FOR APPLICANT, OR ANY OF ITS AFFILIATES, INTERMEDIARIES,

SUBSIDIARIES OR HOLDING COMPANIES IN THE LAST TEN (10) YEARS?

IF YOU ANSWER YES TO ANY OF THESE QUESTIONS, YOU MUST COMPLETE SCHEDULE 27 CONCERNING BANKRUPTCY OR INSOLVENCY PROCEEDINGS.

~ ~'!-7."0·,: ,.,,, .. ::"~~.-\~:-:-.t;:· :-:-"T"~J'JiiD(~ - ::rr .... i:'i~f(~:;;-;r;;: \":'•c:-:-707-:-:.-,~:-:-.crc-:-:·:·-:-.~.-~~'~ "' ,. •"""-'·~-·-.... -~..:.:....l ......... ...-.. ... ,~.1.o., .. ,~.!J.!"".!o.- ..... ~ ....... J

8. HAS APPLICANT, OR ANY OF ITS AFFILIATES, INTERMEDIARIES, SUBSIDIARIES OR HOLDING COMPANIES APPLIED FOR ANY LICENSE OR PERMIT BY A GOVERNMENT AGENCY FOR THE COLLECTION OF SALES AND USE TAX, SELLING AND SERVING LIQUOR AND MALT BEVERAGES, PROVIDING OVERNIGHT LODGING SERVICES OR ANY OTHER ACTIVITY REQUIRING A LICENSE OR PERMIT? A GOVERNMENT AGENCY AS USED HERE INCLUDES ANY SUBORDINATE CREATURE OF FEDERAL, STATE, NATIVE AMERICAN OR LOCAL GOVERNMENT CREATED TO CARRY OUT A GOVERNMENTAL FUNCTION OR TO IMPLEMENT A STATUTE OR STATUTES.

IF YOU ANSWER YES, YOU MUST COMPLETE SCHEDULE 28 CONCERNING NON·GAMING LICENSES AND PERMITS. 9. HAS APPLICANT, OR ANY OF ITS AFFILIATES, INTERMEDIARIES, SUBSIDIARIES OR HOLDING COMPANIES APPLIED FOR ANY LICENSE OR PERMIT BY A GOVERNMENT AGENCY CHARGED WITH REGULATING GAMES OF CHANCE, INCLUDING BUT NOT LIMITED TO SLOT MACHINES, VIDEO LOTTERY TERMINALS, TABLE GAMES, HORSE RACING, JAI ALAI, ETC.? A GOVERNMENT AGENCY. AS USED HERE INCLUDES ANY SUBORDINATE CREATURE OF FEDERAL, STATE, NATIVE AMERICAN OR LOCAL GOVERNMENT CREATED TO CARRY OUT A GOVERNMENTAL FUNCTION OR TO IMPLEMENT A STATUTE OR STATUTES.

IF YOU ANSWER YES, YOU MUST COMPLETE SCHEDULE 29 CONCERNING GAMING LICENSES AND PERMITS.

10. DURING THE LAST TEN (10) YEAR PERIOD, HAS APPLICANT, ITS PARENT COMPANY, OR ANY OF ITS AFFILIATES, INTERMEDIARIES, SUBSIDIARIES, HOLDING COMPANIES, DIRECTORS, OFfiCERS, EMPLOYEES OR ANY THIRD PARTIES ACTING FOR OR ON BEHALF OF APPLICANT MADE ANY BRIBES OR I<ICKBACKS OR MADE ANY PAYMENTS ALlEGED TO HAVE BEEN BRIBES OR KICKBACKS TO ANY EMPLOYEE, PERSON, COMPANY OR ORGANIZATION TO OBTAIN FAVORABLE TREATMENT? 11. DURING THE LAST TEN (1 0) YEAR PERIOD, HAS APPLICANT, ITS PARENT COMPANY, OR AAY OF ITS AFFILIATES, INTERMEDIARIES, SUBSIDIARIES, HOLDING COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES OR ANY THIRD PARTIES ACTING FOR OR ON BEHALF OF THE APPLICANT MADE ANY BRIBES OR KICKBACKS OR MADE ANY PAYMENTS ALLEGED TO HAVE BEEN BRIBES OR KICKBACKS TO ANY GOVERNMENT OFFICIAL, DOMESTIC OR FOREIGN TO OBTAIN FAVORABLE TREATMENT? 12. DURING THE LAST TEN (10) YEAR PERIOD, HAS APPLICANT, ITS PARENT COMPANY OR ANY OF ITS AFFILIATES, INTERMEDIARIES, SUBSIDIARIES, HOLDING COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES OR ANY THIRD PARTIES FOR OR ON BEHALF OF APPLICANT LOANED FUNDS FOR THE PURPOSE OF OPPOSING OR SUPPORTING ANY GOVERNMENT, POLITICAL PARTY, CANDIDATE OR COMMITTEE EITHER DOMESTIC OR FOREIGN? 13. DURING THE LAST TEN (10) YEAR PERIOD, HAS APPLICANT, ITS PARENT COMPANY, OR ANY OF ITS AFFILIATES, INTERMEDIARIES, SUBSIDIARIES, HOLDING COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES OR ANY THIRD PARTIES ACTING FOR OR ON BEHALF OF APPLICANT DONATED OR LOANED PROPERTY OR ANY OTHER THING OF VALUE FOR THE PURPOSE OF OPPOSING OR SUPPORTING ANY GOVERNMENT, POLITICAL PARTY, CANDIDATE OR COMMITTEE EITHER DOMESTIC OR FOREIGN?

PGC8-C1-0907 5

~YES D NO

ll!YES DNO

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14. DURING THE LAST TEN (10) YEAR PERIOD, HAS APPLICANT, ITS PARENT COMPANY, OR ANY OF ITS AFFILIATES, INTERMEDIARIES, SUBSIDIARIES OR HOLDING COMPANIES MADE ANY LOANS, DONATIONS OR OTHER DISBURSEMENTS TO DIRECTORS, OFFICERS, EMPLOYEES OR ANY THIRD PARTIES FOR THE PURPOSE OF REIMBURSING SUCH INDIVIDUALS FOR POLITICAL CONTRIBUTIONS EITHER FOREIGN OR DOMESTIC? 15. DURING THE LAST TEN (1 0) YEAR PERIOD, HAS APPLICANT, ITS PARENT COMPANY, OR ANY OF ITS AFFILIATES, INTERMEDIARIES, SUBSIDIARIES OR HOLDING COMPANIES MAINTAINED ANY BANK ACCOUNT, DOMESTIC OR FOREIGN, NOT REFLECTED ON THE APPLICANT'S BOOKS OR RECORDS? 16. DURING THE LAST TEN (10) YEAR PERIOD, HAS APPLICANT, ITS PARENT COMPANY, OR ANY OF ITS AFFILIATES, INTERMEDIARIES, SUBSIDIARIES OR HOLDING COMPANIES MAINTAINED ANY NUMBERED ACCOUNT OR ANY ACCOUNT IN THE NAME OF A NOMINEE FOR APPLICANT?

IF YOU ANSWER YES TO ANY OF THESE QUESTIONS, YOU MUST COMPLETE SCHEDULE 30, CONCERNING CONTRIBUTIONS AND DISBURSEMENTS.

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SCHEDULE 1: INCORPORATORs/FOUNDERS

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SCHEDULE 2: OTHER NAMES USED BY APPLICANT

LIST ALL OTHER NAMES UNDER WHICH APPUCANT HAS DONE BUSINESS AND GIVE APPROXIMATE TIME PERIODS DURING WHICH NAME WAS USED •

. - -!l:b.·~~B,'41g'. NAME • TRADE NAME/DOING BUSINESS AS (DBA) NAME USED FROM NAME USED TO EMPLOYER IDENTIFICATION

NUMBER/TIN

Does not apply.

PGCB-C1-o907 17 !nltlals w

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SCHEDULE 3: ADDRESSES CURRENTLY USED BY APPLICANT

PROVJDEALL ADDRESSES CURRENTLY USED BY APPLICANT.

PGCB-C1-0907 18

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SCHEDULE 4: ADDRESSES USED BY APPLICANT

PROVIDE ALL ADDRESSES, OTHER THAN THOSE LISTED ON SCHEDULE 3, WHICH APPLICANT HAS USED OR FROM WHICH IT WAS CONDUCTING BUSINESS DURING THE LAST TEN (1 0) YEAR PERIOD, AND PROVIDE THE APPROXIMATE DATES DURING WHICH SUCH ADDRESSES WERE USED.

PGCB-C1-Q907 19 lnltlal&_k

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SCHEPUL€ 5: CURRENT OFFICERS, DIRECTORs/PARTNERS AND TRUSTS

PROVIDE THE FOLLOWING INFORMATION FOR All OFFICERS, DIRECTORS/PARTNERS AND TRUSTEES, GRANTORS OR BENEFICIARIES OF A TRUST THAT IS

REQUIRED TO BE LICENSED AS A PRINCIPAL UNDER THIS CHAPTER.

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MulTI-JURISDICTIONAL PERSONAL HISTORY UlSCLOSURE PRlNCJPAt.Jl<EY EMPLOYEE FORM- PeNNsYLVANIA SUPPLEMENT TO THE MULTi-JuRISOIC1'lONAI.. PERSONAL HISTORY DISctOS\JHE fORM ATTAqiED? PRINCIPAL I<EY! EMPLOYEE WAIVER FORM ATTACHED?" •AN OFFICER OR DIRECTOR OF A PUBltcl Y TRAD'EO INTERMEDIARY OR HOLDING COMPANY OF A SLOT MACHINE LICENSEE, \MiO IS NOT A MEMBER OF THE AUDIT COMMITTEE, MAY REOUEST

IN THE

• MAKE ADDITIONAL COPIES AND ATTACH ADDITIONAL PAGES AS NECESSARY.

- C'GG&Q!;;Q_907 20- ~ . l<lilia!Sc

ScHEDULE 5: CURRENT OFFICERS, DiRECTORs/PARTNERS AND TRUSTS

PROVIDE THE FOLLOWING INFORMATION FOR All OFFICERS, DIRECTORs/PARTNERS AND TRUSTEES, GRANTORS OR BENEFICIARIES OF A TRUST Tl-fA TIS

REQUIRED TO BE LICENSED AS A PRINCIPAL UNDER THIS CHAPTER.

-~ EMAil ADORI

• MAKE ADDITIONAL COPIES AND ATTACH ADDITIONAL PAGES AS NECESSARY.

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SCHEDULE 5: CURRENT OFFICERS, DIRECTORs/PARTNERS AND TRUSTS

PROVIDE THE FOLLOWING INFORMATION FOR ALL OFFICERS, DIRECTORs/PARTNERS AND TRUSTEES, GRANTORS OR BENEFICIARIES OF A TRUSTTHAT IS REQUIRED TO BE LICENSED AS A PRINCIPAL UNDER THIS CHAPTER.

FEES, BONUS OR OTHER)

*MAKE ADDITIONAL COPIES AND ATTACH ADDITIONAL PAGES AS NECESSARY.

PGCB-C1.090i 20 Initials v

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SCHEDULE 6: FoRMER (NO LONGER ACTIVE) OFFICERS, DIRECTORS/PARTNERS AND TRUSTEES

PROVIDE THE FOLLOWING INFORMATION FOR ALL OFFICERS, DIRECTORs/PARTNERS AND TRUSTEES WHO ARE NO LONGER ACTlVEL V INVOLVED WITH APPLICANT BUT WHO HELD A POSITION DURING THE LAS TEN (1 0} YEAR PERIOD.

*MAKE ADOffiONAL COPIES AND AITACH ADDITIONAL PAGES AS NECESSARY.

PGCB-C1-Q907 21 '"L_ .f' ..

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SCHEDULE 18: OTHER PRINCIPALS

PROVIDE THE FOLLOVVING INFORMATION FOR ALL PRINCIPALS NOT OTHERWISE DISCLOSED ON SCHEDULES 1, 5, 10, 10A, 11, 13 AND 15. INCLUDE

INDIVIDUALS AND ENTITIES THAT HAVE A 1% OR GREATER INDIRECT OWNERSHIP INTEREST IN AN APPLICANT OR LICENSEE; HOWEVER, INDIVIDUALS OR ENTITIES

WHO HOLD LESS THAN 5% OF THE VOTING SECURITIES OF AN APPLICANT OR LICENSEE OR AN INTERMEDIARY OR HOLDING COMPANY OF AN APPLICANT OR LICENSEE THAT IS A PUBLICLY TRADED COMPANY SHALL NOT BE REQUIRED TO BE LICENSED AS A PRINCIPAL

PGCB-C1-o907

*MAKE ADDITIONAL COPIES AND ATIACH ADDITIONAL PAGES AS NECESSARY.

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SCHEDULE 22: INSIDER TRANSACTIONS

PROVIDE THE FOLLOWING INFORMATION FOR EACH CHANGE IN THE BENEFICIAL OWNERSHIP OF THE EQUilY SECURITIES OF APPLICANT ON THE PART OF ANY

PERSON WHO IS INDIRECTLY OR DIRECTLY A BENEFICIAL OWNER OF MORE THAN TEN PERCENT (1 0%) OF ANY CLASS OF AN EQUITY SECURITY OF APPLICANT OR

WHO IS OR WAS WITHIN THAT PERIOD A DIRECTOR OR OFFICER OF APPLICANT THAT OCCURRED WITHIN THE FIVE (5) YEARS !"RECEDING THIS APPUCATION.

[INCLUDE CHANGES RESULTING FROM (A) GIFT, (B) PURCHASE, (C) SALE, (D) EXERCISE OF AN OPTION TO PURCHASE, (E) EXERCISE OF AN OPTION TO SELL, (F) GRANT OR RECEIPT OF A PUT OR (G) GRANT OR RECEIPT OF A CALL.]

* MAKE ADDITIONAL COPIES AND ATTACH ADDITIONAL PAGES AS NECESSARY.

PGCB-C1-0907 39 ln!Uals k.

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SCHEDULE 25: ExiSTING LmGATION

PROVIDE 11-IE FOLLOWING INFORMATION AND ATIACH AS APPENDIX 7 A DESCRIPTION OF ALL EXISTING CIVIL LITIGATION TO WHICH APPLICANT, ITS PARENT, AFFILIATE, OR SUBSIDIARY IS PRESENTLY A PARTY, WHETHER IN 11-IIS COMMON\'IJEALTH OR IN ANOTHER JURISDICTION. 00 NOT INCLUDE ANY LITIGATION IN

WHICH THE DAMAGES MAY NOT REASONABLY BE EXPECTED TO EXCEED $100,000, OR LITIGATION IN V>MICH DAMAGES MAY BE EXPECTED TO EXCEED $100,000, BUT WHICH INVOLVES ClAIMS AGAINST APPUCANT WHICH ARE FULLY AND COMPLETELY COVERED UNDER AN INSURANCE POLICY HELD BY 11-IE

APPLICANT WITH A LICENSED INSURANCE CARRIER. THIS DESCRIPTION MUST INCLUDE THE TITLE AND DOCKET NUMBER OF THE LITIGATION, THE NAME AND

LOCATION OF THE COURT BEFORE WHICH IT IS PENDING, THE IDENTITY OF ALL PARTIES TO THE LITIGATION AND THE GENERAL NATURE OF All CLAIMS BEING MADE.

PGCB-C1..0907 42 Initials ~

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.J SCHEDULE 26: ANTITRUST, TRADE REGULATION & SECURITY JUDGMENTS; STATUTORY AND REGULATORY VIOLATIONS

IF APPLICANT ANSWERED YES TO QUESTIONS 3 OR 4 ON PAGE 4, PROVIDE THE FOLLOWING INFORMATION:

PGCB-C1-o907 43 Initials ~

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Schedule 26: Description of Disciplinary Actions.

Indiana Gaming Commission

1. Nature of governmental action:

~position of a stipulated and agreed fine in the amount of $500,000.00 against Centa~, holder of a 13.5% limited partnership interest in a license Issued to Indiana Gaming Company, LP ("Indiana Gaming").

2. Name and address of regulatory agency:

Indiana Gaming Commission (the "Gaming Commission'') 115 West Washington Street, Suite 950, South Tower Indianapolis, Indiana 46204 Contact Ernie Yelton, Executive Director, (317) 23 3-0046

3~ Date ofagency action: .. . . .... . ~- .. .. . Oq February 28, 2001 the Gaming Commission approved a Settlement Agreement which disposed of this matter.

Indiana Horse Racing Commission

1. Nature of governmental actio11: Imposition of a four (4) year moratorium (later eliminated) preventing Centaur or Centaur Racing, LLC from increasing its ovmership interest in Hoosier Park, L.P.

2. Name and address of regulatory agency:

Indiana Horse Racing Commission 150 West Market Street, Suite 530 Indianapolis, Indiana 46204 Contact Joe Gorajec, Executive Director, (317) 23 3-3119

3. Date of agencyactioJJ:

November 10, 2000, and November 27, 2001.

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SCHEDULE 27: BANKRUPTCY OR INSOLVENCY PROCEEDINGS

IF APPLICANT ANSWERED YES TO QUESTIONS 5, 6 AND/OR 7 ON PAGE 5, PROVIDE THE FOLLOWING:

Does not apply.

TRUSTEE

PGCB-C1-o907 44

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SCHEDULE 28: NON-GAMING LICENSES AND PERMITS

IF APPLICANT ANSWERED YES TO QUESTION 8 ON PAGE 5, PROVIDE THE FOLLOWING INFORMATION FOR THE lAST TEN (1 0) YEAR PERIOD:

TYPe OF LICENSE

OR PERMIT

Liquor

Liquor

PGCB-C1-0907

NAMEANDLOCATIONOF

GOVERNMENT AGENCY

Colorado

Indiana

APPUCATION NUMBER

Licensee is Centaur Colorado, LLC

Licensee is Hoosier Park, L.P.

DISPOSITION

GRANTED

rJ DeNIED

0 PENDING

0 ExPIRED

0 SUSPENOED

0 CONDITIONED

0 WITHDRAWN

0 REVOKED

0 DENIED

0 PENDING

0 ExPIRED

0 SUSPENDED

0 CoNDITIONED

0 WITHDRAWN

0 REVOKED

0 DENIED

0 PENDING

0 ExPIRED

0 SUSPENDED

0 CONDITIONED

0 WITHDRAWN

0 REvOKED

0 DENIED

0 PENOING

0 ExPIRED

0 SUSPENDED

0 CONDITIONED

0 WITHDRAWN

0 REvOKED

45

DATE OF DISPOSITION

May2003

1994

EXPIRATION DATE. IF DENIED, PENDING, EXPIRED,

SUSPENDED, CONDITIONED, WITHDRAWN OR

REVOKED, PROVIDE DETAILS.

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SCHEDULE 29: GAMING LICENSES ANP PERMITS

IF APPLICANT ANSWERED YES TO QUESTION 9 ON PAGE 5 PROVIDE THE FOLLOWING INFORMATION FOR THE lAST TEN (10) YEAR PERIOD:

TYPe OF LICENse I NAME AND lOCAnON OF I APPliCATION NUMBER I I DATE OF DiSPOSITION I EXPIAATIOltDATE. 1F DENIED, PENDING, EXPIRED, OR PERMIT DISPOSITION

GOVERNMENT AGENCY SUSPENDED, CONDITIONED, WITHDRAWN OR

REVOKED. PROIIJDE DETAILS.

GRANTED Limited Gaming Colorado Gaming Centaur, Inc. is Q DENIED May22,2003 Renewed annually. License Commission licensee 0 PENDING

0 ExPiRED

0 SUSPENDED

0 CONDITlONED

0 WiTHDRAWN

0 REVOKED

Limited Gaming I Colorado Gaming I Centaur, LLC is 0 DENIED j May 22, 2003 I Renewedannually. License Commission licensee 0 PENDING

0 ExPIRED

0 SUSPENDED

0 CONDITIONED

0 WITHDRAWN

0 RevOKED [lj GRANTED

j May 22, 2003 L~mited Gaming I Colorado Gaming I Centaur Colorado, l 0 DENIED I Renewed annually. License Commission ~ LLC is licensee 0 PENDING License #14-46448-0001

0 ExPIRED 0 SUSPENDED

0 CONDmONED

0 WITHDRAWN

0 REVOKED

~GRANTED ! July 1994 License to Indiana Horse Racing Centaur, Inc. is 0DENleo

conduct horne Commission licensee 0 PENDING racing with pari- 0 ExPIRED mutuel wagering 0 SUSPENDED

0 CoNDmONED

0 WITHDRAWN

0 REVOKED

PGCB-C1-0907 46 Initials ~

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V~lley Vi~w Downs, LP

SCHEDULE 29: GAMING LICENSES ANO PERMITS

IF APPLICANT ANSIJIJERED YES TO QUESTION 9 ON PAGE 5 PROViDE THE FOLLOWING INFORMATION FOR THE LAST TEN (i 0} YEAR PERIOD: . .

J!!it~~~?,;\,'.~!!t,_~~·1;-~~~4.f,~~"t:f.f'i;ii~~~~&~~~'?AP,pi:JcAN;'lliciNsiNG:(G6veRNMENr:lssUeil:~:AMIN~ ~~~~~~~;:{&l( .. :..'i.;it~<\~.fl~~~l~~~,.·:ii:~:~ rF GRANTED, PROVIDE THE LICENSE/PERMIT NUMBER AND

TYPE OF LICENSE NAME AND LOCATION OF EXPIRATION DATE. IF DENIED, PENDING, EXPIRED, OR PERMIT APPLICATION NUMBER DISPOSITION DATE OF OISPOSITlON

Sl:JSPENDED, CONDITIONED, WITHDRAWN OR GOVERNMENT AGENCY

REVOKED. PROVIDE OETAILS.

~GRANTED .·.

License to Indiana Horse Racing Hoosier Park, LP 0 DENIED July.l994 conduct horse Commission is licensee 0 PENDING racing with 0 ExPIRED pari-mutuel 0 SUSPENDED wagerjng· 0 CoNDITIONED

·. ..

0 WITHDRAWN

0 REvOKED

Hoosier Park, LP fl} GRANTED

Initial licensure period of five years (through March Indiana Indiana Gaming 0 DENIED March 31, 2008 Gambling Game Commission and Centaur, Inc. tJ PENDING 30, 2013)

~iC~!J.S~ . : are applicants 0 EXPiRED Application 0 SUSPENDED ..

0 CONDITIONED

0 WITHDRAWN

0 REVOKED

Pennsylvania State (JJ GRANTED

September 5, 2007 License to Valley View 0 DENIED conduct harness Harness Racing Downs,LP is 0 PENDING horse race Commission licensee 0 ExPIRED

·-meeting with 0 SUSPENDED pari-mutuel 0 CONDITIONED wagering 0 WITHDRAWN

0 REVOKED

Harness Racing Maryland Racing Centaur Rosecroft, 0 GRANTED

O.DENIED January 17, 2003 Please see attached description.

License Commission LLC was applicant 0 PENDING

0 EXPIRED

0 SUSPENDED

0 CONDITIONED I

121 WITHDRAWN I

0 REVOKED I

PGCB-C1-1107 46 (2) Initials -~

l

• ,.

Schedule 29

Withdrawal of Application with Maryland Racing Commission

Addref;s: · 500 North Calvert Street, Room 201 Baltimore, Maryland 21202

Phone: (410) 230-6330

Subsidiary: Centaur Rosecroft, LLC

License Type: Harness Racing License

Status: Application Withdrawn, Effective August 19,2005

VALLEY VIEW DOWNS, LP CONDITIONAL/CATEGORY 1- APPLICATION

AND DISCLOSURE INFORMATION FORM

APPENDIX!

DESCRIPTION OF THE BUSINESS

See attached.

DESCRIPTION OF THE BUSINESS

' ' , \, __ ./ Valley View Downs is a proposed state-of-the-art $428 million racing, gaming and

i \.__ .......

entertainment facility. The250,000-square foot development will feature harness racing on a one-mile oval, as well as a three level building featuring a 75,000 square foot gaming floor for 3,000 slot machines, fine restaurants, concession stands, a race book "tele-theater'' to view races simulcast from other venues, lounges and an outdoor terrace. The facility will be located on a 250 acre site located in Lawrence County approximately 49 miles northwest of downtown Pittsburgh. The site provides an excel1ent location to enhance tourist, entertainment and recreational activities. Geographically, the site is easily reachable from all major population areas in Western Pennsylvania, Eastern Ohio and West Virginia. The project will provide an innovative, first class gaming and entertairunent environment while showcasing live harness racing in a manner designed to spawn new horse racing fans.

The property is to be organized in a manner that provides for convenient patron access to the Clubhouse/Grandstand/Casino as well as for employees and horses going to the backstretch area. The site is composed of three main areas. Area One is the Grandstand/Clubhouse/Casino and Harness Paddock and Related Parking. Area Two is comprised of Backstretch Facilities and Related Parking. Area Three is the Racetrack.

The construction and operation ofthe facility will generate (1) an estimated 1,600 construction jobs (primarily union labor) and (2) more than 1,500 permanent, full time jobs with a combined payroll of approximately $42 million per year.

The applicant will create new jobs not only at its own facility and on breeding farms throughout the state, but also additional jobs in the associated hospitality, restaurant and tourism industries. Additional employment at the Applicant's facility and the significant enhancement to the creation of permanent jobs of high quality, with commensurate wages and benefits, will create much needed economic development opportunities in an economically depressed region. The new facility will position Lawrence County as a major entertainment destination, generate economic activity and create a positive future for the local area. The Applicant is committed to providing employment opportunities to the residents of Lawrence County and the surrounding areas, including Beaver County. The Applicant is committed to union labor.

The Applicant expects the facility to draw a majority of its patrons from the Pittsburgh, Cleveland, Youngstown and Columbus areas, retaining Pennsylvania entertainment dollars and attracting revenue from other states as well. Please see the attached excerpt from the Cummings Associates Report for a discussion of the Applicant's performance projections that take into consideration facilities in Pennsylvania and West Virginia.

DMEAST #9907902 v1

Relationship between Applicant and affiliated entities

\.___; The Applicant is a Pennsylvania limited partnership. It was organized by Centaur

I ' "-._)

Pennsylvania, LLC ("Centaur P A''), an Indiana limited liability company. Centaur P A is the sole limited partner of Applicant and owns 99% of the total partnership interests. Valley View Downs GP, LLC {"VVDGP") was organized by Centaur PA and is the general partner of Applicant, owning 1% of the partnership interests. Centaur P A was organized by Centaur, Inc. ("Centaur"), an Indiana corporation. Centaur, LLC, the sole member of Centaur PA, was· organized by Centaur.

DMEAST #9907900 v1

Centaur, Inc. Organizational Chart (as of I -24-2008)

f'lofllr. Jm1."JCSI

(~ubj..:cl1o ~l!ulaloly ,\pplu\a]} ~('"~;.\;~ ~ :I.~ e.-~ (l..e, \;n<t"';t>hi!.~

Re\·i«d 0$ <lf 1-24-2008

i : \_/



APPENDIXU

ANNUAL REPORTS PREPARED ON SEC FORM 1 O~K

Does not apply.

rr--.....·.



APPENDIX13

A COPY OF A Y INTERIM REPORTS

Does not apply.

.~. r

. ~, ! .

VALLEY VIEW DOWNS, LP CONDITIONAL/CATEGORY 1-APPLICATION


APPENDIX14

A COPY OF LAST DEFINITIVE PROXY STATEMENT OR INFORMATION STATEMENT (SEC)

Does not apply .

/""', ( .

~. I ·.



APPENDIX IS

REGIS IRA TION STATEMENTS

Does not apply.



APPENDIX17

LIMITED PARTNERSHIP AGREEMENT

See attached.

.. -_-_)

@Otw:S-'fO

-)

~ : . . .

fn ~itneis Where?f. ih~-lJi!J,iied-fqrin~r.f~~v.luU:¢aUSirtifi(£~itif¢iztrdli-JJ p_artner aS_.oflh_e ~ dpy o.f:D.ecember.-:.

. .. ' '·' 'o\: ";::'''. ' ::· • "

--)

..•. -)

Membership Certificate No.

*

·~)

CERTIFICATE OF MEMBERSHIP INTEREST Percentage

Membership Interest

*% or per Exhibit A*

Centaur Pennsylvania, LLC This certifies that**********"'********** is a member and owns the membership interest indicated above of Centaur Pennsylvania, LLC (the ''Company'').

The rights of the Members of the Company are stated in the Operating Agreement of the Company, as amended from time to time, a copy of which will be furnished to any Member ~tpon requesi without charge. · -o:

In Witness Where~ thPomey c clel7.Llceezcn be signed by its Manager and Secretary as of the __ day of December 2002.

John J. McLaughlin, Manager Kurt E. Wilson, Secretary

• Refer to Exhibit A of the Oparating Agreement to confirm percentage interest

This cerdlicare ofmembcnhlp lurercll b rransr<r•blc only subject ro rho provh!on• o(lho ""Rate HDr$t lmlustrr Reform Act."

Thl membership later~sr repr~sented by this nrdOca1e: (a) Is subjecc to rbe Oper.atrnr A&recment ofrhe Coll)pany .. u tmet~.dtd frort\ tlme to tirnt, 1 topy or which bon nte :at tbe prfnc:Fpal orfice oflht Company; •nd (b) bas not been rc,rstercd uodcr any ftd<,..lsecurlllnl'l•,lndudlnz. wllhou! llmiradon, tbc Seturifter .I.e! or I!IJJ. or omend•d. or urn! or lilt ~tcurld.,lawt or any srace, and may not be uld, pledccd, hypochcute.d or1:1thcnrhc tr.anJfcrred wUlJouc an opinion from counsel ntbractol")' to the CompJny that tudl tr.ansftt will not ''iotalt. a.ay eppUub\e Stt.1nEties l:rws..

The penon whose P.tme b lndluted ill the owner or tbe interest In tbt Company represented by this cerllRt:ue b IM. sole and absofate owoer lhrtor. and 1uch owntr It nol hotcnnc the tntercst tn the Company or lhY porrfon or lht lnter~sr In the Cqmpany rtprtst.att.d by '\Jtb Ctrtmntt tn 1nnt for In)' person. p;artnrrshlp, nrm or corponiloh, wbalsGeVer, whO or which,, prohJbited rrorn ownln& socb mcmbtnhlp loreresc bylht "RocelforJcinduJrry Rtronn Act" >

.. )

ESQUIRE ASSIST . . DATE STAMPED COPY :

Mfcl'ofilm Nulllber Flied will! the DcpartmCill of Slate oo --------~ Enlity'NWDber _______ _

Secrewyoflhe Commonwealth

CERTIFlCATE OF UMITED f t\1\TNEI\Slm'

In "compliance \Vith the requirements of IS Pa.c:s. §~l 1 (relating to certificates of· Jimileil partnership), the Wldersigned, desiring to form a limited p3Itncrsbip, hereby certifies that:.

1. Tho name of the limited partnership is: Valley View Downs. LP

2. Tho (a) address of this limitc:d partllenhip's lnitial ~egistcrc(l office in Ibis Commonwealth or (b) 11amc ofits coromerciaf registered office provider and the count}' ofveoue is:

3.

4.

(a) ,.,-~--:-:=-----~____,,-...------=-__,,...._ _ _.....,. __ Number :md Su-eet . City Slate Zip Coonry

(b) GJ: CoiJ>olJ!!ion Svstcm Name of CommeTCial Registered Office ProVider

Philad'elphfa County Colltlty

The name and business ~ddress of each general partner of tin: limited partnershlp is:

Name: Qwtaur pennsvJyanja. f,.LC · AddreSs: l 0 West Maa<et SgeeL Suite 200 ~ Indianapolis. IN 46204 ,.":!

~~ (Cb~k. and·if appropriate complete. one oflhc following):

~ . ., .5. ..A- The formation of tbc limited pBrtncrsbip shall be effective upon· filing thi~ Certificate of Limited Partnership with the D~nt ot Sl:atc. · · '·"

The fonnation of the limited ..,. .... ~ship shwl be cffcr;ti~c on: .at . - ... -- --. · Dale T'rme

6. Each partntr' S inttrcst ~ the limited partnership WUJ be evidMCCd 'by a Certificare of ~rsliip·interesf. Each certificate ofpal1n~hip interest far the limited partnership shall bear the foDowing legend. plainly and prominently imprinted on tb~ face oftbc cenjficatci

Thill certificat.e ofpartncnhip inter=t is transferable only subject to the provisions of the "Race Horse Industry Refonn Act.., · · ·

' . The person wbusc name is indicated as tb.e owner of the partnership interest repcese,nted by Chis certificate is thE:' sole an·d absolu'te owner thereof, and such owner is not holding the partnership interest or any portion of the patmetship imerest npresented. by such cCttifi~ in tru3t for any pc!Son, parlncrsbip. fum or cerporatiori. wbatlloever, who or which is prohibited· ftom owning such p:mnlmblp interest by ~c ''Race Horse Jnduslry RefonnAct." ·

.:::--

The partnership interest rcpraeuted by this certificate: (a) Is subject tO the Limited Par1oership Aglument of the Limited Partnership, as.amended from lime to time, a copy of whjch is on file ~ the principal office of the Limited Parmership; and (b) has not been registered under any federal securities law, including, Without limitation. the Securities Aet of I 9~3. as amended; or under the securitit8 laws of any state, and may not be. sold, pledged, hypothecated or otherwise transfl!rred witbout an opinion from counsel satisfactocy to the Limited Panncrship that mch transfer will not violate any applicable :securities laws. ·

In additioo, each such certificate of partnership interest which is held subject to the terms of either a inter vivos or t.estamenwy trust fbr !he benefit of any person wbo could lawfully own such partnership interest Jn :~uch per.~on'.s own name, shall have such fact noted o'l the fac·c of the certificate and include, as an attachment, a copy ofibe insnument which created the trust.

7. Upou !be written direction of lbe Pl:llllSylvania Harness Rariing Commission (or its .successor) .(tbe "Commission"'), tho geneml partner of the limited partnership. on behalf of the limi1ed partnr:rship. shall make written demand upon any person or l'..Jltily holding a partnership tnt~ In the IJmited partnership that such person or cni)ty shall sell such partnership Interest to the limited partnersl;lip at a price to 'be fu:ed by the Commission and such person or entity shall sell ·such f;~rtm:rs'lJip interest to the limited partnership at such _Price. ,,From the date of the making o any suob demand by the limited pannership, no ttansfc:c of the partnership interest whlch is the subject of such demand shall be made except for a tnmsfer to the limited partnership. · ·

$. All partriea:bip interesls in the limited pannersbip are held lllld tr~femble only subject to the provisions of: (a) the limited partnership agreement of the li~ited partn=hip, as amended

· from time to time; (b) the Pennsylvania R~iscd Uniform LUnJted Partnership Act, IS Pa.C.S.A. § 8SOI' ~ ~.;and (c) Pennsylvania's "Race Horse Industty Refo~ Act."

9. Bacb person owning a partnership interest in the limited partnership shall be the sole and ab3oluto owner therl:Of and .such person shall not hold the partnership interest in the limited pa.JtiiCt'Ship or any pQrtion of the partnership interest in tho limited Paftnership ln. trust for any person, partnership. finn or corporation, whatsoevciT; whO or which is prohibited nom .owning, such pannexship inicrest by rho "Rice Horse Jndustzy Reforin Act."

.(0. 1bt; limited partncn;hip shall. within ten (10) days after any·tr.mifcr of41!ly partnership ilna:cst comprising' SO/. or more of all the partnership interests thcu outstanding, notify the Commission of~ transfer.

(Signature Paz:e FollowsJ

,...---....., ( '

:IN TESTIMONY WHEREOF, tha und&rsf.gned general partner of the limited partnership has executed ~is Certificate of Li~ted Partnership this 21f' day of'Dccembef 2002.

CBNTAUR PENNSYL V AN1A, LLG

ay:?l!:fc./!t~ j6h11i. McLaughlin, M~er

( : \...._..-'



APPENDIX 10

ANNUAL REPORTS FOR THE LAST 5 YEARS

Does not apply.

~~ .. '

r'\ [ .



APPENDIX23

Does not apply.

Neither the Applicant nor any affiliated person is a party to any ongoing civil proceedings seeking to overturn a decision or order of the Board or Commissions.



APPENDIX25

Does not apply .

. The Applicant does not possess an ownership or fmancial interest that is greater than 33.3% of another slot machine licensee or person eligible to apply for a Category 1 license.

·._



APPENDIX26

Does not apply.

No public official or other prohibited person has possessed a financial interest in or been employed directly or indirectly by the Applicant or related entity following the effective date of

the PA Gaming Act.

r-\ ! '



APPENDIX29

PROVIDE A LIST OF ANY HOSPITAL, PLACE OF WORSHIP, SCHOOL, CHARITABLE INSTITUTION, PARK, ZOO OR SIMILAR PLACE FREQUENTED BY THE PUBLIC.

Does not apply.

i :

'-../



APPENDIX33

PROVIDE COPIES OF LOCAL ZONJNG AND LAND USE APPROVALS.

See attached.

LAW OFFICE OF

THOMAS W. LESLIE, P .C.

Phillip L. Bayt, Esquire Ice. Miller LLP One American Square Indianapolis, Indiana 46282

SOO ARSTMERIT PlAZA

25 NORTli MILL STREET

NEW CASllE, PA 16101

TEl: (724)654-8101

FAX: (724) 654-80119

Email: lwiEJ&[email protected]

September 18, 2007

RE: Mahoning TownshipMShlck Subdivision

Dear Mr. Bayt:

With regard to your question about the Subdivision for the Proposed Racetrack In Mahoning Township, I have enclosed a copy of the original minutes from the Mahoning Township Supervisors Meeting held on Monday September 10, 2007.

You will note that on page 2 under New Business the last item on the page is an explanation that a Special Meeting of the Planning Commission was held on Friday September 2, 2007 and at that time the Subdivision was approved pending the completion of the mylar and the setting of pins.

These are the original notes of the September 10,2007 supervisors meeting and the have not yet been transcribed by the secretary. Her final draft of the Minutes of that meeting will be available by the end of this week but are not ready at this time.

I hope this Is sufficient for the time being. If you need anything further, please call me.

Very truly yours, --/f / L C~:~

i ; '......_./

69/18/2887 13:47 7246678252 MtlHONING TGJNSHIP

Mahoning Township Boa.rd of Township Supervisors

Mahorlfft9 To&PMirfp ... l'fr# 'ToWMhip tn U.nwence Cf11Dltg, .. Orpt111Ued fn 1BOS 4538 West State Street, P.O. Box 99

Hi11aville, Lawrenct~ County, Pennaylvania 16132 Phone 724--667-8801 Fax 724-567-8252

PAGE 81

Supervisors Vito Yeropoli Francis •Poncho• Exposito Gazy Pezzualo

Elaine Kielar - Secretary Gilbert V. LucareW -Treasurer

MINVJ'ES OF Tim MQtJLe,R MEETING ON September lQ. 2007

e Mahoning Township Supervisor& mr:~ M~oning Township • fiR.f\b.JU ~~/02007at p.m.for

tbeirl'Cglll Onthly rneetin.g. 'T&ln4{;ting was he1d a day early thia month. The meeting was called to order b~ ·3@ ~.,.g; , who asked evezyone present to stand for the pledge ofuegiance to the flag.

ROU. CALL was taken by -~; .. 1 ~ 4~~. • Member& present were: Exposito--f, GaryPe=uolo·-¥-· a.t1d Vito Yeropoli~-f-· Tom Lealie, solicitor, waA present.

The GUEST S.PEAKER, SUBJECT MAITER, COMPLAIN'l' part of the meeting

was first addressed bY.--------------------

The MINUTEs of the AUGUST 14,2007 regu~ monthly meeting were available to anyone wanting them. A motion by: ~ to accept the AUG ST 4 007· regular monthly meeting minutes aa written was seconded by: • A vote taken on this ~as ~xp~~. Pez..~, Yer-.)J....

'I'he s.URER's report was given by ..I:!.LJJ...< oru u ~ • « (, • A l.opy of the list of bills to :be paid could be reviewed at the front table. 'l'he general fund had $n:,-S.!l , the state fund had $ ~ p- , the community center fund had $ u z 't , the parks/recreation fund had$ 1~ 90 , and the light fund had $ /7il' ; , for a total of$ F I z YiJ . The fire department building/equipment fund had$ /z'fi.l . The hydrant: fund had$ ?{f.s= an~e sewer fund had $ I..:ZI, ".:< 1 • A motion was made by -~!:,J---- to pay the bills and this was second~d by~~--~--Av;on ~~a)Exposito~+, Pezzuo]o-_j[_, Yeropoli- ~ The total payroll was $/I.:I'/.2 , ~ $9714 , $._374/S • ~ $ .....;. . A motion by A and second by-~~;~~---was made to ~a.y the payroll and a-on this was Expo$ito-~ Pezzuolo-+· Yeropoll--r ..

B9/1.8/2EIEI7 13:47 7246678252 1--W-!ONING TOWNSHIP PAGE 62

TOWNSHIP REPO,ID'S ~ Zoning-as per f:Gt.Wc. _.qll, the following: total funds for du-#t•.c

$ 100 Y. OK , total fu.n s for year to date$ I 0 )y: 8'i _,'flew residential for month $. 3otJ •au , new residential ytd $ Sf~ 0<1 "

total additionS for month$ ,000 1 total additiOnS ytd $,.Lir~ I~ new commercial for month$ Q , new commercial yt:d $ Jooou total commercial additions for month $ 0 , total commercial additions ytd $) ~&.," , other permits._........;:..._ ____ __,,..----

Planning-u per the foll~wing:~~oq~,...e...il.--.\0....,.~-

Police Department-as per ________ ___;._the following: b .'f'w-t j.h!.

UNFINISHED BUSINESS

~ ~!'"'rt't~ ,_~~

~~~~~~~~~~~~~~~~~~~~~~~4~~~~ ~ 't

~~~Fy i,'-,._ .. /

\ ,: '--.._./

89/18/2007 13:47 7246679252

.. . .

MAHONING TOWNSHIP PAGE 03

''--)

Phillip L. Bayt, Esquire Ice, Miller LLP One American Square Indianapolis, Indiana 46282

LAW OFFICE OF

THOMAS W. LESLIE, P.C. 500 FIRSTMERIT Pl.AZA

25 NORTH MILL STREET

NEWCASTLE,PA 16101

TEL: (724) 654-8101

FAX: {724) 654-8099

Eman: [email protected]

September 18,2007

··:'::·l "' .... ;,

RE: Mahoning Township Zoning Ordinance

Dear Mr. Bayt:

In response to your question regarding the Mahoning Township Zoning Ordinance Section 308.370 subparagraph a, please be advised that I have reviewed that Section which lists several examples of commercial recreation including stadiums, arena's, amphitheater, race tracks etc.

While I note that the term casino or racino are not used in that Section, it only because slot machines were not legal in the Commonwealth of Pennsylvania at the time that this was passed.

As Solicitor of Mahoning Township, It is my Opinion and the understanding of the township officials that a casino Is clearly commercial recreation under the definition as that is set forth in the Ordinance and further, under 308.370 (a), a casino or racino Is certainly a use of the types that are specifically listed.

If you have any further questions regarding this matter, please call me.

'\..__)

i \ / ---

FROM :TI\omas W Leslie PC

Phillip L Bayt, Esquire Ice, Miller LLP One American Square Jndlanapolis, Indiana 46282

FAX . NO. : 7246548099

lAW OFI'ICS OF

THOMAS W. LESUR, P.C. 000 FIRSTMERff PLAZA

25 NORTH Mil-L STREET

NEW CIISTLE, PA 18101

TEL: (724) BM-8101

FAX: (724) 054-BOD9

Em:lll: [email protected]

September 19,2007

RE: Mahoning Township Zoning Ordinance

Dear Mr. Bayt:

Sep. 19 2007 !0:54AM P1

In response to your question regarding the Mahoning Township Zoning Ordinance, I have reviewed Section 308.370 Commercial Recreation subparagraph g.

As you are aware, that subsection states 1hat any outdoor facility located within two hundred (200) feet of an existing dwelling has to cease operations at ten-o'clock on Sundays through Wednesdays at eleven o'clock on Thursdays through Saturdays.

Please be advised that the Mahoning Township Interpretation of this restriction is that the two hundred (200) feet is measured from the outdoor recreational facility Itself to any residence that is currently in existence~

By way of further explanation, If 'the outdoor commercial recreation facility is two-hundred (200) feet from the boundary line of the property on which It Is located, this restriction would not apply.

In addition, If the outdoor recreational facility Is located closer to its property boundary line than two-hundred (200) feet, the restriction still does not apply unless there is actually an existing residence within that two-hundred (200) feet from the facility itself not the boundary line.

I hope this answers your question, If you need further clarification, please contact me.

Very truly yours,

Thomas W. Leslie, Esquire

I :U

.. i -

.,

,

,

,

,

l

l

1

... ' ,·, ...

MAHON lNG TOWNSHIP .

ZONING ORDINANCE

September 8, 2003

MUH1 (Mixed Use Highway):

Permitted Uses Accessory Use Home Occupation (308.1'50} No-Impact Home Business Professional Business Office Single Family Detached Dwelling Commercial Recreation (308.370)

I Ondustrial}:

Permitted Uses Accessory Use Building Material~ Sales Yard Contractors Yard Railroad Freight Facility Retail Sales Self Storage Facility (308.300) Wholesale and/or Warehousing (Non-Explosive)

/P (Industrial Parkl:

Permitted Uses Accessory Use Building Materials Sales Yard Contractors Yard Light Manufacturing (308.180} Railroad Freight Facility "' Retail Sales Self Storage Facility (308.300) Truck Terminal Wholesale and/or Warehousing

Special Exceptions Automobile SeNice Station (308.030) Bed & Breakfast (308.040) Billboard Sign (309.5) Car Wash (308.050) Church (308.290) Communications Towers (308.070) Convenience Store (308.080) Gas Station Mini-Mart (308.120) Grocery/Bakery (308.130) Multi-Family Dwellings (308.210) Nursing Home (308.160) Personal Care Boarding Home (308.140) . . Restaurant (308.250) Retail Sales (308.260) Self-Storage Facility (308.300) Strip Plaza (308.320) Veterinary Hospital (308.350}

Special Exceptions Billboard Sign {309.5) Communication Towers (308.070) Light Manufacturing (308.180)

Conditional Uses Cemetery (308.060) Fire Station (308.11 0) Group Care Facility··,(308.140) Hospital (308.160) Library (308.170) Mineral Excavating {308.200) Municipal Use (308.220) Public & Parochial School (308.290) Recreation/Community Center (308.230) Recreational Vehicle Park (308.240} Transitional Dwelling (308.140)

Conditional Uses Explosive Production, Storage, and Warehousing (308.090) Mineral Excavating (308.200)

Saw Mills and Lumber Production and Storage (308.280) Specialized Animal Care (308.310)

Special Exceptions Billboard sign (309.5) Communication Towers (308.070) Saw Mills and Lumber Production Storage (308.280) Specialized Animal Care (308.310)

Conditional Uses Adult Entertainment Establishment (308.010) Explosive Production, Storage, and Warehousing (308.090) Mineral Excavation (308.200) Retail Sale of Fireworks (308.360) Sanitary Landfill (308.270)

307 -Lot, Yard and Height Requirements:

The minimum lot area, minimum lot area per family, maximum lot coverage by buildings and structures, minimum depth of front yard, minimum depth of rear yard, side yard requirements, maximum height of structures for each district shall be as specified in Table 307.1.

Page24

]

]

J ]

]

]

]

]

J

J

J

J

J

J

E.

F.

Minimum distance from any Jot line is one hundred (100) feet.

All Department of Environmental Protection regulations must be followed.

308.360 - Retail Sale of Fireworks . ,.·: u .t.i.t ·~, r·~

A.

B.

c.

o.

'•·'.• E.

F.

All applicable county, state and federal permits shall be obtained prior to the issuance of any Township permits.

A land development plan shall be submitted and approved as required by the Township's Subdivision and Land Development Ordinance.

The use shall not endanger the public health, safety and general welfare.

The loading area shall be separate from all parking areas.

Minimum Jot size .shall be five (5} acres.

The use shall be screened by a permanent opaque vegetative buffer from all other uses.

308.370 - Commercial Recreation

A.

B.

c.

D.

E.

F.

G.

The minimum site area for stadiums, arenas, amphitheaters, race-tracks and similar large facilities with proposed maximum occupancy for five thousand (5,000) persons or more, shall be twenty-five (25) acres. Other outdoor recreation facilities shall have a minimum of one (1) acre. Indoor facilities shall meet the minimum lot area required for the Zoning District in which the site is located.

The site shall have frontage on, and direct vehicular access to, an arterial or collector street.

Any use that proposes a maximum occupancy of two hundred (200) persons or more at any given time shall provide public sewer and water on the site. All other uses shall provide a PA Department of Environmental Protection-approved sewage treatment system.

The location of buildings and facilities, parking areas and the traffic circulation shall be designed to provide adequate access for emergency vehicles. ·

All structures shall be located at feast one hundred feet (100') from any property line.

Any outdoor facility shall be completely enclosed by a fence at least six feet (6') in height, with one (1) or more locking gates that shall remain secured when the facility is not in use.

Any outdoor facility located within two hundred feet (200') of an existing

Page 47

( _ _)

309- Signs

309.1 -Area

H.

I.

dwelling shall cease operations no later than 10:00 p.m. on Sunday through Wednesday, and no later than 11 :00 p.m. on Thursday through Saturday.

Outdoor speakers shall be directed so that impact on all adjacent properties is minimized.

,.,,. .... .~~ \. ·: . :.

All lighting shall be shielded from adjacent streets and properties.

A sign may be erected, placed, established painted, created, or maintained in the Township only in conformance with the standards, procedures, exceptions, and other req~irements of this ordinance.

The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than forty-two (42} inches apart, the sign area shall be computed by the measurement of one of the faces.

309.2-Height , The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: 1} existing grade prior to construction or 2} the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearestpointofthe crown of a public street or the grade of the land at the principal entrance to the principal structure on the zone lot, whichever is lower.

309.3- Maximum Total Permitted Sign Area for a Zone Lot The permitted sum of the area of all individual signs on a zone lot shall be computed by applying the formula contained in Table 309.38, maximum total sign area, to the lot frontage, building frontage, or wall area, as appropriate, for the zoning district in which the lot is located. Lots fronting on two or more streets are allowed the permitted sign area for each street frontage. However, the total sign area that is oriented toward a particular street may not exceed the portion of the lot's total sign area allocation that is derived from the lot, building, or wall area frontage on that street.

309.4 -Signs In the Public Right of Way No signs shall be allowed in the public right·of·way, except for the following:

A. Permanent signs, including: public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey publfc Information, and direct or reg urate pedestrian -or vehicular traffic;

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APPENDIX36

LOCAL IMPACT REPORT

See attached.

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