BANGOR – For the Maine Harness Racing Commission, this week brought a number of new issues to the forefront, chief among them a request for legal standing from a statewide anti-gambling group.
This and other issues related to a proposed racino in Bangor have added to the panel’s already complicated task.
At issue is the fate of Bangor Raceway’s 2004 racing license, as well as the gaming license that would allow it to operate slot machines. The addition of slots would turn the city-owned half-mile oval into Maine’s first racetrack casino.
Under the slot machine law approved by voters and set to take effect Feb. 21, the racing panel has the power to issue racing and gaming licenses.
The Baldacci administration’s competing bill, now making its way through the Legislature, would shift the power to issue gaming licenses to a proposed Gambling Control Board.
Given the tens of millions of dollars in annual revenues at stake, the commission is proceeding with caution.
If it errs in its handling of the licensing issue, it is virtually guaranteed a legal challenge from one or more of the parties involved.
Among those interested in operating the Bangor racino are Las Vegas-based Capital Seven LLC, the original developer chosen for the Bangor racino project; its apparent successor, Penn National Gaming of Pennsylvania; and Maine’s Penobscot and Passamaquoddy tribes.
Parties with intervenor status include Scarborough Downs (which has a racino development deal with Penn but lacks the local approval required by the Nov. 4 law), the Maine Harness Horsemen’s Association and Maine Standard Breeders and Owners Association.
In recent days, two more parties have stepped forward with petitions to the commission requesting intervenor status, or legal standing, in the continuing tussle over Bangor’s racing license.
First were Maine’s Penobscot Nation and Passamaquoddy Tribe, which mailed their petition Thursday.
On Friday, a similar petition was submitted by CasinosNo!, the Portland-based anti-gambling organization that engineered the defeat of the two tribes’ bid last fall to gain voter approval for a $650 million casino in southern Maine.
Intervenors have the right to present testimony and cross-examine witnesses, among other things. They’re also privy to all relevant communication.
Tribal representatives said that if granted legal standing, they would work to prevent the commission from issuing a conditional license to Capital Seven, the Las Vegas-based company owned by entrepreneur Shawn Scott, or his apparent heir, Penn National Gaming of Pennsylvania.
Tribal leaders said that, ultimately, they want to compete for the chance to develop and operate a racetrack casino proposed for Bangor Raceway. They said they would partner with the Mashantucket Pequot Indian Nation, the tiny tribe that a decade ago opened Foxwoods Resort Casino in Ledyard, Conn., now among the world’s largest.
They said that their offer was better for Bangor and Maine and that their involvement would not affect this year’s racing season or delay the opening of a racino here.
CasinosNo! has different reasons for seeking legal standing.
“We feel there are fundamental issues at stake that are not being addressed by the commission or the parties involved,” spokesman Dennis Bailey said Friday.
“From where we’re sitting, it looks like the state is being scammed again,” said Bailey.
“It appears that the commission is ready to grant a license for Penn National to operate slot machines based on its approval of a conditional license for harness racing without the complete investigation and public participation that the law requires,” he said, and added, “We believe the law states very clearly that a license to operate slot machines requires a full background check and public hearings. We want the opportunity to address this issue before the commission.”
Friday brought other developments as well.
After several days of scheduling confusion, a date and tentative agenda have been set for the next meeting of the Maine Harness Racing Commission.
The meeting will take place at 9 a.m. Tuesday, Feb. 17, in the Augusta Civic Center’s Piscataquis-Sagadahoc Room, Executive Director Henry Jackson confirmed Friday.
Jackson said some key issues the commissioners could take up Feb. 17 are whether:
. Penn National has in fact acquired full ownership of Bangor Historic Track from Capital Seven.
. The amended application filed to reflect the transfer meets the commission’s muster.
. Whether the two tribes and CasinosNo! should be granted intervenor status.
Also Friday, Gov. John Baldacci appointed Orrington resident George McHale, known as George Hale in area broadcasting circles, the commission’s chairman. He will succeed former chairman, Errol “Abe” Additon of Leeds.
“George is well-respected and admired by many people in the state. I have known him my whole life and have the utmost confidence in his leadership,” Baldacci said. “As a former chairman of the commission, George also has the experience to lead this important body at this time.”
Baldacci also thanked Additon for his service. “Abe has always fought for what he believes is in the best interests of the harness racing industry and the people of Maine. We owe him a debt of gratitude for all of his good work.”
It remains unclear if Baldacci’s other nominee to the commission, Anne Jordan, would be confirmed and appointed in time for the commission meeting. She would succeed Goodwin Gilman of Newport. Gilman tendered his resignation last fall but agreed to stay on until his successor arrived.
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