COMMISSION RULING
WHEREAS Tandem Entertainment Corp. (“TEC”), operating as Winrac Development Inc. (“Winrac”), was issued a Licence to Operate a Racetrack for Dresden for the period of January 1, 2007 to December 31, 2007;
AND WHEREAS TEC, operating as Winrac, was issued a Licence to Operate a Racetrack for Woodstock for the period of January 1, 2007 to December 31, 2007;
AND WHEREAS the Dresden Licence to Operate requires the following:
“By March 31, 2007, the Association shall submit and thereafter maintain a current five (5) year business plan in such detail and form acceptable to the Director under the Act and the Association is required to comply with the Plan. Any modifications and/or changes to the Plan must be approved by the Director prior to implementation. Failure to submit the required Business Plan by the date required may result in the issuance of fines and/or other penalties by the Executive Director.”;
AND WHEREAS the Woodstock Licence to Operate requires the following:
“By March 31, 2007, the Association shall submit and thereafter maintain a current five
(5)-year business plan in such detail and form acceptable to the Director under the Act and the Association is required to comply with the Plan. Any modifications and/or changes to the Plan must be approved by the Director prior to implementation. Failure to submit the required Business Plan by the date required may result in the issuance of fines and/or other penalties by the Executive Director”;
AND WHEREAS the Executive Director received a Business Plan with respect to Dresden and Woodstock Raceways and the Business Plan was reviewed and found deficient by the Executive Director;
AND WHEREAS a fine of $25,000 per racetrack was ordered for failure to submit the plans in an acceptable form;
AND WHEREAS a fine of $1,000 per day per racetrack was ordered beginning on August 8, 2007, for each Business Plan not provided to the satisfaction of the Executive Director;
AND WHEREAS on July 20, 2007, counsel for TEC and Winrac advised of their notice of Intent to appeal Ruling SB 89/2007 and requested a stay of the Executive Director’s order directing a fine of $1,000 per day per racetrack be payable effective August 8, 2007;
AND WHEREAS a Notice of Appeal was filed on July 26, 2007;
NOW THEREFORE, it is hereby ordered that the order directing a fine of $1,000 per day per racetrack payable effective August 8, 2007 is stayed pending the hearing of the matters.
BY ORDER OF _____________________
Rod Seiling
Chair