Indiana Administrative Code
Title 71 - INDIANA HORSE RACING COMMISSION
Article 11 - PERMIT APPLICATION REQUIREMENTS AND CRITERIA
Rule 1 - Permit Application Requirements and Criteria
Section 1-6 - Permit criteria
Universal Citation: 71 IN Admin Code 1-6
Current through September 18, 2024
Authority: IC 4-31-3-9
Affected: IC 4-31-4; IC 4-31-5
Sec. 6.
(a) The commission may issue a permit under IC 4-31-5 if the commission determines that the applicant meets all of the requirements under IC 4-31 and this title and, that on the basis of all the facts before it, the following is shown:
(1) The applicant is qualified and
financially able to operate a race track.
(2) Racing meetings at a race track will be
operated in accordance with all applicable laws and rules.
(3) The appropriate county fiscal body has
adopted the ordinance required under IC
4-31-4.
(4) The issuance of a permit will ensure that
racing will be conducted with the highest of standards and the greatest level
of integrity, and ensure the protection of the public interest.
(b) In reviewing an application, the commission may consider any information, data, reports, findings, factors, or indices available which it considers important or relevant to its determination of whether an applicant is qualified to hold a permit under IC 4-31-5, including, without limitation, the following:
(1) The integrity
of the applicant, its partners, directors, officers, policymakers, owners,
directly or indirectly, of any equity, security, or other ownership interest in
the applicant, including, but not limited to, the following:
(A) Criminal record.
(B) Whether a party to litigation over
business practices, disciplinary actions over a business license or permit or
refusal to renew a license or permit.
(C) Proceedings in which unfair labor
practices, discrimination, or government regulation of pari-mutuel wagering was
an issue or bankruptcy proceedings.
(D) Failure to satisfy judgments, orders, or
decrees.
(E) Delinquency in filing
of tax reports or remitting taxes.
(F) Any other indices related to the
integrity of the applicant which the commission considers important or relevant
to its determination.
(2) The quality of physical improvements and
equipment proposed or existing in the applicant's facility, including, but not
limited to, the following:
(A) Race track or
tracks.
(B) Stables and stable
area.
(C) Detention barn.
(D) Paddock, jockeys' and drivers'
quarters.
(E) Grandstand.
(F) Totalizator equipment.
(G) Parking.
(H) Access by road and public
transportation.
(I) Perimeter
fence.
(J) Other security
improvements and equipment.
(K)
Starting, timing, photo finish, photo-patrol, or video equipment.
(L) Commission work areas.
(M) Concessions areas.
(N) Pari-mutuel management areas.
(O) Any other indices related to the quality
of physical improvements and equipment which the commission considers important
or relevant to its determination.
(3) Schedule for completion of facility and
feasibility of meeting schedule, including commitments of architects,
engineers, contractors, suppliers, materialmen, and vendors.
(4) The types and variety of pari-mutuel
horse racing which applicant seeks to offer.
(5) Financial ability of the applicant to
develop, own, and operate a pari-mutuel facility successfully, including, but
not limited to, the following:
(A) Ownership
and control structure; amounts and reliability of development costs.
(B) Certainty of site acquisition or
lease.
(C) Current financial
condition.
(D) Sources of equity
and debt funds, amounts, terms and conditions, and certainty of
commitment.
(E) Provisions for cost
overruns, nonreceipt of expected equity or debt funds, failure to achieve
projected revenues, or other financial adversity.
(F) Feasibility of financial plan.
(G) Expert opinions relative to
feasibility.
(H) Any other indices
related to financial ability which the commission considers important or
relevant to its determination.
(6) Status of governmental actions required
by the applicant's facility, including, but not limited to, the following:
(A) Necessary road improvements.
(B) Necessary public utility
improvements.
(C) Required
governmental approvals for development, ownership, and operation of the
facility, including appropriate zoning approvals.
(D) Any other indices related to the status
of governmental action which the commission considers important or relevant to
its determination.
(7)
Management ability of the applicant, including, but not limited to, the
following:
(A) Qualifications of managers,
consultants, and other contractors to develop, own, or operate a pari-mutuel
facility.
(B) Security
plan.
(C) Plans for human and
animal health and safety.
(D)
Marketing, promotion, and advertising plans.
(E) Concession plan.
(F) Personnel training plan.
(G) Equal employment and affirmative action
plans.
(H) Any other indices
related to management ability which the commission considers important or
relevant to its determination.
(8) Compliance with applicable statutes,
charters, ordinances, or regulations.
(9) Efforts to promote, develop, and improve
the horse racing industry in Indiana.
(10) Impact of facility, including, but not
limited to, the following:
(A) Employment
created, purchases of goods and services, public and private investment, and
taxes generated.
(B) Ecological and
environmental impact.
(C) Social
impact.
(D) Cost of public
improvements.
(E) Any other indices
related to the impact of the proposed facility which the commission considers
important or relevant to its determination.
(11) Extent of public support or opposition
to horse racing and pari-mutuel wagering at the location where the permit is
sought.
(12) Effects of location of
track, including, but not limited to, the following:
(A) Number, nature, and relative location of
other permits.
(B) Minimum and
optimum number of racing days sought by the applicant.
(C) Any other indices relating to location of
track which the commission considers important or relevant to its
determination.
(13) The
commission may consider any other information which the commission considers
important or relevant to a proper determination by the commission.
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