Section 173.4. Review of application

(a) The Commission may approve an application for permission to establish a common pari-mutuel pool if the Commission determines that the establishment of the common pari-mutuel pool will be in the best interest of racing in this Commonwealth and if the following conditions are satisfied:

(1) The race upon which patrons will be permitted to wager may be simulcast under section 216 of the act (4 P. S. § 325.216) or under the Interstate Horseracing Act of 1978 (15 U.S.C.A. § § 3001—3007), or both.

(2) The wager to be accepted is of a type which may be permitted by the Commission under section 221 of the act (4 P. S. § 325.221).

(3) The agreement under which the common pari-mutuel pool will be established and the procedures established for the administration of the common pari-mutuel pool comply with the act and this chapter.

(b) The Commission may place conditions on an approval of an application as it deems appropriate to assure that the establishment of the common pari-mutuel pool will be in the best interests of racing in this Commonwealth and in compliance with the act and this chapter.