99F.4 - POWERS.
99F.4 POWERS.
The commission shall have full jurisdiction over and shall
supervise all gambling operations governed by this chapter. The
commission shall have the following powers and shall adopt rules
pursuant to chapter 17A to implement this chapter:
1. To investigate applicants and determine the eligibility of
applicants for a license and to select among competing applicants for
a license the applicant which best serves the interests of the
citizens of Iowa.
2. To license qualified sponsoring organizations, to license the
operators of excursion gambling boats, to identify occupations within
the excursion gambling boat operations which require licensing, and
to adopt standards for licensing the occupations including
establishing fees for the occupational licenses and licenses for
qualified sponsoring organizations. The fees shall be paid to the
commission and deposited in the general fund of the state. All
revenue received by the commission under this chapter from license
fees and regulatory fees shall be deposited in the general fund of
the state and shall be subject to the requirements of section 8.60.
3. To adopt standards under which all excursion gambling boat
operations shall be held and standards for the facilities within
which the gambling operations are to be held. The commission may
authorize the operation of gambling games on an excursion gambling
boat which is also licensed to sell or serve alcoholic beverages,
wine, or beer as defined in section 123.3.
4. To license the licensee of a pari-mutuel dog or horse
racetrack enclosure subject to the provisions of this chapter and
rules adopted pursuant to this chapter relating to gambling except as
otherwise provided in section 99F.4A.
5. To enter the office, excursion gambling boat, facilities, or
other places of business of a licensee to determine compliance with
this chapter.
6. To investigate alleged violations of this chapter or the
commission rules, orders, or final decisions and to take appropriate
disciplinary action against a licensee or a holder of an occupational
license for a violation, or institute appropriate legal action for
enforcement, or both. Information gathered during an investigation
is confidential during the pendency of the investigation.
7. To require a licensee, an employee of a licensee or holder of
an occupational license to remove a person violating a provision of
this chapter or the commission rules, orders, or final orders, or
other person deemed to be undesirable, from the excursion gambling
boat facilities.
8. To require the removal of a licensee, an employee of a
licensee, or a holder of an occupational license for a violation of
this chapter or a commission rule or engaging in a fraudulent
practice.
9. To require a licensee to file an annual balance sheet and
profit and loss statement pertaining to the licensee's gambling
activities in this state, together with a list of the stockholders or
other persons having any beneficial interest in the gambling
activities of each licensee.
10. To issue subpoenas for the attendance of witnesses and
subpoenas duces tecum for the production of books, records, and other
pertinent documents in accordance with chapter 17A, and to administer
oaths and affirmations to the witnesses, when, in the judgment of the
commission, it is necessary to enforce this chapter or the commission
rules.
11. To keep accurate and complete records of its proceedings and
to certify the records as may be appropriate.
12. To assess a fine and revoke or suspend licenses.
13. To take any other action as may be reasonable or appropriate
to enforce this chapter and the commission rules.
14. To require all licensees of gambling game operations to
utilize a cashless wagering system whereby all players' money is
converted to tokens, electronic cards, or chips which only can be
used for wagering on the excursion gambling boat.
15. To determine the payouts from the gambling games authorized
under this chapter. In making the determination of payouts, the
commission shall consider factors that provide gambling and
entertainment opportunities which are beneficial to the gambling
licensees and the general public.
16. To set the payout rate for all slot machines.
17. To define the excursion season and the duration of an
excursion. While an excursion gambling boat is docked, passengers
may embark or disembark at any time during its business hours.
18. To provide for the continuous recording of all gambling
activities on an excursion gambling boat. The recording shall be
performed under guidelines set by rule of the division of criminal
investigation and the rules may require that all or part of the
original recordings be submitted to the division on a timely
schedule.
19. To provide for adequate security aboard each excursion
gambling boat.
20. Drug testing, as permitted by section 730.5, shall be
required periodically, not less than every sixty days, of persons
employed as captains, pilots, or physical operators of excursion
gambling boats under the provisions of this chapter.
21. To provide that a licensee prominently display at each
gambling facility the annual percentage rate of state and local tax
revenue collected by state and local government from the gambling
facility annually.
22. To require licensees to establish a process to allow a person
to be voluntarily excluded for life from an excursion gambling boat
and all other licensed facilities under this chapter and chapter 99D.
The process established shall require that a licensee disseminate
information regarding persons voluntarily excluded to all licensees
under this chapter and chapter 99D. The state and any licensee under
this chapter or chapter 99D shall not be liable to any person for any
claim which may arise from this process. In addition to any other
penalty provided by law, any money or thing of value that has been
obtained by, or is owed to, a voluntarily excluded person by a
licensee as a result of wagers made by the person after the person
has been voluntarily excluded shall not be paid to the person but
shall be credited to the general fund of the state.
23. To approve a licensee's application to operate as a moored
barge, an excursion boat that will cruise, or an excursion boat that
will not cruise, as submitted pursuant to section 99F.7.
24. To conduct a socioeconomic study on the impact of gambling on
Iowans, every eight years beginning in calendar year 2013, and issue
a report on that study. The commission shall ensure that the results
of each study are readily accessible to the public.
25. To license the licensee of a gambling structure subject to
the provisions of this chapter and rules adopted pursuant to this
chapter relating to gambling and as provided in section 99F.4D.
26. To require licensees to establish a process with the state
for licensees to have electronic access to names and social security
numbers of debtors of claimant agencies through a secured interactive
website maintained by the state. Section History: Recent Form
89 Acts, ch 67, §4; 89 Acts, ch 139, §1; 91 Acts, ch 260, §1207;
93 Acts, ch 131, §4; 94 Acts, ch 1021, §10--12; 94 Acts, ch 1107,
§35; 2000 Acts, ch 1231, §37; 2004 Acts, ch 1136, §31--35; 2007 Acts,
ch 188, §8; 2007 Acts, ch 215, §86; 2008 Acts, ch 1172, §5; 2009
Acts, ch 182, §103
Referred to in § 99F.10, 99F.17, 99F.19