A conditional license would allow Penn National to install slots at Bangor Raceway.

AUGUSTA (AP) – The Maine Harness Racing Commission is poised to take up Penn National Gaming’s application for an operating license for a harness track in Bangor on Tuesday, five days before the state’s racino law takes effect.

The conditional license sought by Penn National also would allow it to install slot machines at Bangor Raceway under terms of the law approved by voters in a November referendum.

Recent developments raise doubts about whether the commission will make a final decision Tuesday as planned.

Four groups that oppose giving Penn National a conditional license recently asked the commission to let them participate in the review process.

The four are Casinos No! and the Christian Civic League of Maine, which oppose slots; and the Penobscot and Passamaquoddy Indian tribes, which want to set up their own racino in Bangor.

Developer Shawn Scott, who has a deal with Bangor to have his Bangor Historic Track run a racino there, is in the process of selling Bangor Historic Track to Penn National.

The voter-approved racino law takes effect Saturday, and Bangor’s contract with Scott expires on that date. That means Penn National could install slots in Bangor after Saturday, if it gets a harness license from the state this week. It also means Bangor could negotiate a new racino deal with some other promoter, if Penn National fails to get a license this week.

If the commission allows any of the newcomers to participate in the licensing process, they probably will try to torpedo or delay Penn National’s license bid. Racino promoters say the new groups have no direct stake in the outcome and should not be permitted to take part in the state’s review.

“It’s an example of a party with absolutely no standing trying to intervene in an issue,” said Eric Schippers, spokesman for Penn National.

Schippers reiterated that Penn National has acquired all of the stock in the Bangor Historic Track, but it remains unclear how much money has changed hands. Asked if Penn National has fully paid Scott for the stock, Schippers said: “That’s something that is an ongoing process.”

That could raise questions at Tuesday’s meeting because the commission initially agreed to give a conditional license to Penn National if it acquired the Bangor Historic Track from Scott. Henry Jackson, executive director of the racing commission, said Friday it was his understanding that the license was contingent on Penn National purchasing all of the stock.

Another complicating factor that could trigger a delay is the fact that Gov. John Baldacci, who personally opposes racinos, recently appointed a new chairman, George McHale of Orrington, to lead the racing commission.

Baldacci has two other commission nominees pending before the Legislature, which must confirm them before they can take office. The ongoing shakeup at the racing commission may make the panel reluctant to act on the license application during a transition period.

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