(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 9329 (relating to interstate simulcasting) of the act 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 9335 (relating to pari-mutuel pool distribution) of the act.
- (3) The agreement under which the common pari-mutuel pool will be established and the procedures for the administration of the common pari-mutuel pool comply with the act and this chapter.