99D.9 - LICENSES -- TERMS AND CONDITIONS -- REVOCATION.
99D.9 LICENSES -- TERMS AND CONDITIONS --
REVOCATION.
1. If the commission is satisfied that its rules and sections
99D.8 through 99D.25 applicable to licensees have been or will be
complied with, it may issue a license for a period of not more than
three years. The commission may decide which types of racing it will
permit. The commission may permit dog racing, horse racing of
various types, or both dog and horse racing. The commission shall
decide the number, location, and type of all racetracks licensed
under this chapter. The license shall set forth the name of the
licensee, the type of license granted, the place where the race
meeting is to be held, and the time and number of days during which
racing may be conducted by the licensee. The commission shall not
approve a license application if any part of the racetrack is to be
constructed on prime farmland outside the city limits of an
incorporated city. As used in this subsection, "prime farmland"
means as defined by the United States department of agriculture in 7
C.F.R. § 657.5(a). A license is not transferable or assignable. The
commission may revoke any license issued for good cause upon
reasonable notice and hearing. The commission shall conduct a
neighborhood impact study to determine the impact of granting a
license on the quality of life in neighborhoods adjacent to the
proposed racetrack facility. The applicant for the license shall
reimburse the commission for the costs incurred in making the study.
A copy of the study shall be retained on file with the commission and
shall be a public record. The study shall be completed before the
commission may issue a license for the proposed facility.
2. A license shall only be granted to a nonprofit corporation or
association upon the express condition that the nonprofit corporation
or association shall not, by a lease, contract, understanding, or
arrangement of any kind, grant, assign, or turn over to a person the
operation of a race meeting licensed under this section or of the
pari-mutuel system of wagering described in section 99D.11. This
section does not prohibit a management contract approved by the
commission.
3. A license shall not be granted to a nonprofit corporation if
there is substantial evidence that the applicant for a license:
a. Has been suspended or ruled off a recognized course in
another jurisdiction by the racing board or commission of that
jurisdiction.
b. Has not demonstrated financial responsibility sufficient
to meet adequately the requirements of the enterprise proposed.
c. Is not the true owner of the enterprise proposed.
d. Is not the sole owner, and other persons have ownership in
the enterprise which fact has not been disclosed.
e. Is a corporation and ten percent of the stock of the
corporation is subject to a contract or option to purchase at any
time during the period for which the license is issued unless the
contract or option was disclosed to the commission and the commission
approved the sale or transfer during the period of the license.
f. Has knowingly made a false statement of a material fact to
the commission.
g. Has failed to meet any monetary obligation in connection
with a race meeting held in this state.
4. A license shall not be granted to a nonprofit corporation if
there is substantial evidence that stockholders or officers of the
nonprofit corporation are not of good repute and moral character.
5. A license shall not be granted to a licensee for racing on
more than one racetrack at the same time.
6. a. A licensee shall not loan to any person money or any
other thing of value for the purpose of permitting that person to
wager on any race.
b. A licensee shall not permit a financial institution,
vendor, or other person to dispense cash or credit through an
electronic or mechanical device including but not limited to a
satellite terminal as defined in section 527.2, that is located in
the wagering area.
c. When technologically available, a licensee shall ensure
that a person may voluntarily bar the person's access to receive cash
or credit from a financial institution, vendor, or other person
through an electronic or mechanical device including but not limited
to a satellite terminal as defined in section 527.2, that is located
on the licensed premises.
7. Upon a violation of any of the conditions listed in this
section, the commission shall immediately revoke the license.
8. The commission shall require that a licensee utilize Iowa
resources, goods, and services in the operation of a racetrack
enclosure. The commission shall develop standards to assure that a
substantial amount of all resources and goods used in the operation
of a racetrack enclosure emanate from and are made in Iowa and that a
substantial amount of all services and entertainment are provided by
Iowans. Section History: Recent Form
83 Acts, ch 187, § 9; 84 Acts, ch 1266, § 8--10; 94 Acts, ch 1021,
§2; 2004 Acts, ch 1136, §9--11
Referred to in § 99D.2, 99D.3, 99D.10, 99D.14