IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF
ADDITIONAL RACE DATES FOR
WESTERN FAIR, CLINTON, WOODSTOCK AND HIAWATHA RACETRACKS
Applications for additional race dates from Western Fair Raceway, Woodstock Raceway and Hiawatha Horse Park were received in response to Ruling Number 7/2003, dated December 3, 2003.
The Ontario Racing Commission approved the revised 2004 live race date schedules for these tracks as follows:
Live Dates
Western Fair Raceway 121
Woodstock Raceway 30
Hiawatha Horse Park 67
Effective March 11, 2004, Clinton Raceway will have no approved Live Race Dates, Intertrack Dates or Teletheatre Dates, unless a revised application is received by March 10, 2004.
Reasons for Decisions are attached.
BY ORDER OF THE COMMISSION
Jean Major
Executive Director
REASONS FOR DECISION
In a decision dated December 3, 2003 the Commission approved the race date applications of four tracks in Southwestern Ontario on the condition that applications for additional race dates be filed. OHHA on behalf of the horsemen pressed vigorously at the race date hearing for additional opportunities for live racing. The Commission in its decision left it entirely open to the individual tracks as to when and how many additional dates they would request. The Commission has before it the responses of the Southwestern Ontario racetracks at Woodstock, Hiawatha, Western Fair and Clinton as well as the responses from the other stakeholders in the industry who responded to the Commission’s request for comments on those responses.
Woodstock has identified an additional 11 days of racing on the calendar for a total of 30 days of racing. They have added Mondays in June and Tuesdays in July and August.
Hiawatha has identified an additional 4 days, being Sundays in August.
Western Fair first agreed to an additional 10 days with the caveat that it was able to uplink those extra days to Woodbine. Western Fair subsequently identified specific dates on Tuesdays in November and December and two Tuesdays in April. Woodbine’s response is that no track should link their race dates to WEG’s simulcast calendar.
All three of these tracks have indicated caution in embarking on these new dates. We believe however that they and the other tracks who have responded to the Commission’s request for additional opportunities for the public to enjoy live racing in these communities as well as for horsemen to race, are responding appropriately and we congratulate them on their response.
Objections to the Western Fair, Hiawatha and Woodstock dates were received from Flamboro Downs who expressed concerns as to the impact on availability of horses and product to Flamboro in all three instances. Also in the case of Western Fair they indicated concern as to a potential conflict with December 21 and 28 when Flamboro “may be racing”. We are not prepared to refuse Western Fair’s application on the basis of this objection when Flamboro has not applied for those dates.
Clinton refused to apply for any additional dates. It indicated it would consider additional dates but referred to the racing at the new Grand River facility, the Western Fair dates and “New York will have slots” as reasons it would not apply now. The track indicates that it desperately needs to grow the handle and that while it is not applying for additional dates, it is interested in working with OHHA to grow the handle. The proposition that additional live race dates will increase the handle is not agreed to by this track. They are not alone in this view. Clinton also objected to additional dates at Hiawatha.
OHHA’s response was that Clinton should at least go to 18 days, an increase of one day of racing. For whatever reason to date agreement has not been reached.
OHHA continues to press for a total of 150 days of racing at Western Fair but supports the additional 11 days and agrees with the applications by Woodstock and Hiawatha.
The Commission approves the additional dates requested by Woodstock, Hiawatha and Western Fair. We recognize that these dates are not the traditional dates of racing for these tracks and we appreciate the efforts made by them to arrange additional live racing.
Given the concerns raised by the tracks and given the comments received in opposition to the additional dates, the tracks should be prepared to address the Commission in the applications for 2005 race dates with the following information with respect to these additional dates:
the handles on those additional dates as compared to the average daily handle
attendance at the track as compared to average daily attendance
number of horses entered on these days as compared to average number of entries per day on other days
any special efforts made to market these dates, over and above the usual marketing initiatives.
any other information that the track believes is pertinent in our determining whether or not these additional dates should be continued in 2005.
We would also want to hear from Flamboro Downs (or any other track) as to whether or not they did experience any shortage of horse supply or suffered any impact on the quality of the product as a result of these additional dates. The Commission would be interested in any impact on handle or on track attendance as well that Flamboro Downs can attribute to the additional live racing opportunities that are being approved at these three other tracks.
The only track that refused to add additional dates was Clinton. Because Clinton has not satisfied the condition contained in our decision of December 3, 2003, the Clinton application for any 2004 race dates, intertrack dates, etc. is not approved effective March 11, 2004. As noted above, OHHA whose presentation was the basis for the Commission taking the initiative to direct additional dates has modified its request for an additional three days to an additional 1 day. This modification to its position is a positive step, especially as the track hosted 19 days in 2003. The track operator has expressed a desire to participate in discussions to bring about a stronger market for horse racing in the community and we urge the track and OHHA to get on with those discussions to resolve this impasse. The Commission will receive a further application from Clinton and will approve it if it meets the directions of the Commission that have been articulated.
The lack of approved race dates for 2004 has serious implications for Clinton and its intertrack and teletheatre programming. We therefore require that if the track intends to proceed with live racing in 2004 it bring its revised application by March 10th.
DATED this 26th day of February, 2004.
_________________
Lynda Tanaka
Chair