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New Site Plan for Turf Paradise, but Future Racing Still Hinges on Gaming Legalization

A conceptual site plan newly submitted to the city of Phoenix for the proposed industrial development at Turf Paradise calls for the closure of the track once the under-agreement sale goes forward and development begins. But the incoming owner is still floating the idea of resuming racing at the 67-year-old Thoroughbred venue in the future if historical horse race gaming gets legalized in Arizona.

Audrey Jensen of the Phoenix Business Journal first reported Aug. 8 on the new details about the project, which has been named Winner's Circle Business Park. It proposes eight industrial buildings and two data centers on the 213-acre property that is being acquired by developer CT Realty. The sale, which was announced back in April, is on target to close by the end of this year.

James Watson, the managing partner of CT Realty, told the Phoenix Business Journal, “If we can get [gaming legislation] accomplished I think we can put the racetrack back on a really firm footing and build really beautiful product around it. We're at the moment trying to get some support from the governor…to create a big income stream to the state through these taxes.”

The new details about the Turf Paradise sale and development came one day after Arizona Horsemen's Benevolent and Protective Association (AZHBPA) president Lloyd Yother wrote in an open letter that he would “fight like hell” to ensure racing in the state is not dead.

“There are still many avenues to consider that will save Arizona horse racing. There are even options that include the possibility of running a late race meet in 2023 or possibly early in 2024,” Yother wrote. “If these don't pan out, our board will continue to exhaust every means available to bring horse racing back to Arizona in the very near future.”

Back on Aug. 1, the current ownership that is selling at Turf Paradise announced it wouldn't be opening the track in November as planned for its 2023-24 race meet. In response, horsemen held out hope that the incoming ownership would be willing to operate the remainder of the scheduled season from January through May 4. That aspect of the plan has not been confirmed by CT Realty.

When Turf Paradise concluded its 2022-23 meet in May, Arizona was left without an operational commercial race meet.

Arizona Downs, 82 miles north of Turf Paradise in Prescott Valley, didn't apply for a June-through-September race meet this year because of financial difficulties. That track has been mentioned as being up for sale or lease for over a year. It formerly operated as Yavapai Downs between 2000 and 2010, when ownership at that time filed for bankruptcy.

Elsewhere in the state, Rillito Park in Tucson traditionally runs weekends from early February through early April. Earlier this year, Cochise County Fair in Douglas ran a two-day mixed meet Apr. 15 and 16, as did Santa Cruz County Fair at Sonoita May 6 and 7.

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Slight Delay in HHR Bill’s Signage; ‘Extension Facility’ Greenlighted for Kentucky Downs

Kentucky Governor Andy Beshear on Tuesday reaffirmed his vow to sign the historical horse race (HHR) gaming bill that passed both chambers of the state legislature last week, but he explained that a decision by the Senate to adjourn through this week means that the HHR-enabling measure won't become law until the end of the month at the earliest.

Beshear's remarks came via videoconference at the start of the Feb. 16 KHRC meeting. After the governor spoke, commissioners unanimously voted in a series of “emergency” measures contingent on the bill getting signed into law that are designed to keep HHR churning in the interim so the revenue that helps to pay for purses in the state continues to accrue.

The KHRC on Tuesday also gave the preliminary go-ahead for Kentucky Downs to begin the process of planning to open an “extension facility” that will operate HHR gaming and simulcasting, similar to the satellite location that opened 12 miles from Turfway Park under that track's licensure late in 2020.

State regulations allow each licensed racing association to operate an extension betting facility that's located within a 60-mile radius of its track.

Beshear and KHRC chairman Jonathan Rabinowitz spent the opening part of Tuesday's meeting lauding racing industry participants and regulators and thanking long lists of politicians for working toward the passage of SB 120. But it was not until the close of his seven minutes of remarks that Beshear dropped the only newsworthy nugget of his speech.

“It was unfortunate on Thursday that the Senate went ahead and recessed, which meant when [SB 120] passed the House, they couldn't enroll it and send it to my desk,” Beshear said. “They can't do that until they come back into session. With the news [Tuesday] that they're not coming back this week, it looks like it's going to be all the way into next week.

“That's regrettable,” Beshear continued. “I was certainly here in the [capitol] building Thursday night, and I know it's something that we would have all liked to have [had signed into law]. But, we did get the bill through, and my commitment—I'll make it today publicly—I will sign that bill as fast as it reaches my desk.”

The most telling comment from Rabinowitz underscored that in exchange for the legislature's redefining of “pari-mutuel wagering” so it now includes HHR, the tracks will now be under political pressure to cooperate on pending legislation that will raise Kentucky's taxes on HHR.

“I assured the legislators that this commission is committed to holding the [tracks] to their commitment to work constructively to revise and raise the tax structure of HHR,” Rabinowitz said. “Knowing the leaders that made those commitments, there's no doubt in my mind that the [tracks] will fulfill those promises.”

Prior to the unanimous voice vote that ratified the KHRC's conditional approval of the Kentucky Downs request to expand its licensed premises so it can include a to-be-built extension facility, it was revealed that no location for the HHR/simulcast business has been publicly disclosed, and that no firm timetable has been established for its opening.

Marc Guilfoil, the KHRC's executive director, told commissioners that “My understanding is that they've got it down to two, maybe three [locations as of] a month ago. They did not want to disclose those because of competition.”

Guilfoil added that “I think a timeline is very close to being started now that we got SB 120 passed.”

Jennifer Wolsing, the general counsel for the KHRC, said the Kentucky Downs request
came to the commission back on Dec. 4, and she noted that the new facility will not be within a 60-mile radius of another track or 40 miles from an existing simulcast facility.

Beyond the HHR business that made up the bulk of Tuesday's agenda, the KHRC unanimously approved a live racing request by Keeneland Race Course to drop Thursday, April 1, from its upcoming spring meet. This move allows the track to revert to a traditional Friday opening day; the request had the approval of recognized Kentucky horsemen's groups.

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Yet Another Horse Racing Bill Filed in Georgia

In what has become a nearly annual long-shot endeavor in Georgia, legislation has been filed to legalize pari-mutuel horse racing.

The latest bill, SB30, was introduced Jan. 27 by Senator Brandon Beach, (R-Alpharetta). It shares the same title as the Rural Georgia Jobs and Growth Act that he filed during the 2019-20 legislative session.

The 51-page bill would create a state racing commission that would have the power to issue licenses for up to three racetracks situated at least 125 miles apart that would be required to host 60-date minimum race meets (unless the licensees can demonstrate via waiver application a need to reduce the dates requirement to 45).

The bill includes provisions for historical horse race (HHR) gaming, simulcasting, and advance-deposit wagering.

The initial 10-year licenses would be up for bid at $50 million each, and could be renewed thereafter for $250 million.

Another stipulation mandates that tracks within 50 miles of a major international airport would need to have a minimum initial investment of $250 million per facility. If further away from a major airport, the minimum investment would be $125 million.

Entrepreneurs who are entirely new to the racetrack business need not apply, as per a clause in the bill that states, “No application for the equestrian facility shall be considered unless the applicant, a majority of its owners who individually possess at least 5% of the applicant's stock or membership, or its management, can demonstrate a successful history of operating at least one horse racing track in one of the previous five years from the date of the application.”

According to the Atlanta Journal-Constitution (AJC), two other pieces of gambling-related legislation have also been field recently. One would put a question on an upcoming ballot asking Georgia voters whether they support allowing casinos in the state. The other would legalize online sports betting.

The stumbling block to getting pari-mutuel laws enacted in Georgia–as it has been for the past three decades since Georgia's lottery became legal–has nothing to do with a lack of enthusiasm for horses. The difficulty has always been rounding up enough elected officials who are willing to support expanded gambling in a state where moral objections to it run high and religious conservatism carries considerable clout.

The AJC reported that “Adding casino gambling or horse racing would require Georgians to approve a constitutional amendment allowing the expansion…. Sports betting supporters said the resolution is not needed to allow sports betting. That difference is important. A bill only requires that more than half of each chamber support a measure to make it to the governor's desk. Constitutional amendments need two-thirds of each chamber to clear the General Assembly–a tall ask from the Legislature–and then a majority vote in an election.”

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