Iowa Admin. Code r. 491-1.7 - Criteria for granting licenses, renewing licenses, and determining race dates
The commission sets forth the following criteria which the commission will consider when deciding whether to issue a license to conduct racing or gaming or sports wagering in Iowa. The various criteria may not have the same importance in each instance, and other factors may present themselves in the consideration of an application for a license. The criteria are not listed in order of priority. After the initial consideration for issuing a license, applicable criteria need only be considered when an applicant has demonstrated a deficiency.
(1)
Compliance. The commission will consider whether or not the
applicant is and has been in compliance with the terms and conditions specified
in Iowa Code section
99D.9
or
99F.4. The commission will
also consider whether the proposed facility is in compliance with applicable
state and local laws regarding fire, health, construction, zoning, and other
similar matters.
(2)
Gaming
integrity. The commission will consider whether the proposed operation
would ensure that gaming and sports wagering are conducted with a high degree
of integrity in Iowa and that the officers, directors, partners, or
shareholders of the operation are of good repute and moral character. The
commission shall decide what weight and effect evidence about an officer,
director, partner, or shareholder should have in the determination of whether
there is substantial evidence that the individual is not of good reputation and
character. For the purposes of this chapter, the term "directors" shall also
include managers of limited liability companies and the term "shareholders"
shall also include members of limited liability companies.
(3)
Economic impact and
development. The commission will consider:
a. The amount of revenue to be provided by
the proposed facility to the state and local communities through direct
taxation on the facility's operation and indirect revenues from tourism,
ancillary businesses, creation of new industry, and taxes on employees and
patrons. The commission may engage an independent firm proficient in market
feasibility studies in the industry for specific analysis of any application to
determine the potential market of any proposed facility as well as the impact
on existing licensees.
b. The level
of financial and other support the proposed operation will provide to the
community in order to improve the quality of life of the residents of the
community.
c. The viability and
overall net benefit of the proposed operation to the state gaming industry,
taking into consideration:
(1) Investment
versus projected adjusted gross revenue.
(2) Impact on existing operators' adjusted
gross revenue versus existing operators' ratio of adjusted gross revenue to
investment.
(3) Ratio of equity to
total investment and whether the proposed project is adequately and properly
financed.
(4) Percent of projected
adjusted gross revenue from underserved markets.
(5) Percent of projected adjusted gross
revenue from existing Iowa operators.
(6) Stability and reliability of out-of-state
market(s).
d. The
benefits to Iowa tourism.
e. The
number and quality of employment opportunities for Iowans.
f. The development and sale of Iowa
products.
g. The number and types
of developments and amenities associated with the proposed operation in
addition to the gaming floor.
(4)
Efficient and safe
operation. The commission will consider whether the proposed facility
is planned in a manner that promotes efficient and safe operation of all
aspects of the facility including providing adequate security for employees and
patrons. Adequate employment to serve patrons' needs, facility scope and
design, parking facilities, access to cashier windows, concessions, and
restrooms will be considered.
(5)
Community support. The commission will consider support for
the proposed project within the community in which a proposed facility is to be
located.
(6)
Nurture of the
racing industry. The commission will consider whether the proposed
racetrack operation would serve to nurture, promote, develop, and improve the
racing industry in Iowa and provide high-quality racing in Iowa. The commission
will also consider if the proposed racetrack operation will maximize purses and
is beneficial to Iowa breeders.
(7)
Other factors. The commission will consider such other factors
as may arise in the circumstances presented by a particular
application.
Notes
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