(2009)

Dear John B. Franzone

You have requested our opinion whether wagering on video replays of "historic" (previously held) horse races, by means of a product known as "Instant Racing," is authorized at race tracks and satellite simulcast betting ("SSB") facilities in Maryland under current law.

In our opinion, Instant Racing is not permitted at race tracks or SSB facilities in the State because it does not constitute pari-mutuel betting, as authorized by the Maryland Horse Racing Act, at those locations.

I

Background

At its monthly meeting on November 20, 2008, the Maryland Racing Commission…