Indiana Administrative Code
Title 71 - INDIANA HORSE RACING COMMISSION
Article 12 - SATELLITE FACILITY AND SIMULCASTING
Rule 1 - License Application Requirements and Criteria
Section 1-6 - License criteria
Universal Citation: 71 IN Admin Code 1-6
Current through March 20, 2024
Authority: IC 4-31-3-9
Affected: IC 4-31-5.5
Sec. 6.
(a) The commission may issue a license under IC 4-31-5.5 if the commission determines that the applicant meets all of the requirements under IC 4-31 and this title and, on the basis of all facts before it, the following is shown:
(1) The applicant has been granted a permit
by the commission and has met the requirements of IC 4-31 as determined by the
commission.
(2) The applicant is
qualified and financially able to operate a satellite facility.
(3) The satellite facility will be operated
in accordance with all applicable laws and rules.
(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 satellite facility license under IC 4-31-5.5, 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 governmental 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 this determination.
(2) The quality of physical improvements and
equipment proposed or existing in the applicant's satellite facility,
including, but not limited to, the following:
(A) Patron areas.
(B) Totalizer equipment.
(C) Parking.
(D) Access by road and public
transportation.
(E) Commission work
area.
(F) Concession
areas.
(G) Pari-mutuel management
areas.
(H) 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
satellite facility and feasibility of meeting schedule, including commitments
of architects, engineers, contractors, suppliers, materialmen, and
vendors.
(4) The types, quality,
and variety of pari-mutuel horse racing which applicant seeks to
simulcast.
(5) Financial ability of
the applicant to develop, own, and operate a satellite facility successfully,
including, but not limited to, the following:
(A) Ownership and control structure; amounts
and reliability of developmental 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
satellite 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) Qualification of managers,
consultants, and other contractors to develop, own, or operate a satellite
facility.
(B) Security
plan.
(C) Marketing, promotion, and
advertising plans.
(D) Concession
plan.
(E) Personnel training
plan.
(F) Equal employment and
affirmative action plans.
(G) 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, including the investment by applicant at
its pari-mutuel race track and proposed satellite facilities in
Indiana.
(10) Impact of satellite
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) Public
interest.
(F) 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 the satellite facility at the location where the license is
sought.
(12) Effects of location of
satellite facility, including, but not limited to, the following:
(A) Number, nature, and relative location of
other licenses.
(B) Impact of
facility on the business of a track(s) or satellite facility owned by another
permit holder.
(C) Impact of
facility on permit holder's race track.
(D) Impact of facility on live racing,
including the impact on purses.
(E)
Any other indices relating to location of the satellite facility 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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