99F.4A - GAMBLING GAMES AT PARI-MUTUEL RACETRACKS -- FEES AND TAXES.

        99F.4A  GAMBLING GAMES AT PARI-MUTUEL RACETRACKS --
      FEES AND TAXES.
         1.  Upon application, the commission shall license the licensee of
      a pari-mutuel dog or horse racetrack to operate gambling games at a
      pari-mutuel racetrack enclosure subject to the provisions of this
      chapter and rules adopted pursuant to this chapter relating to
      gambling except as otherwise provided in this section.
         2.  A license to operate gambling games shall be issued only to a
      licensee holding a valid license to conduct pari-mutuel dog or horse
      racing pursuant to chapter 99D on January 1, 1994.
         3.  A person holding a valid license pursuant to chapter 99D to
      conduct pari-mutuel wagering at a dog or horse racetrack is exempt
      from further investigation and examination for licensing to operate a
      gambling game pursuant to this chapter.  However, the commission may
      order future investigations or examinations as the commission finds
      appropriate.
         4.  The regulatory fee imposed in section 99D.14, subsection 2,
      shall be collected from a licensee of a racetrack enclosure where
      gambling games are licensed to operate in lieu of the regulatory fee
      imposed in section 99F.10.
         5.  In lieu of the annual license fee specified in section 99F.5,
      the annual license fee for operating gambling games at a pari-mutuel
      racetrack shall be one thousand dollars.
         6.  The adjusted gross receipts received from gambling games shall
      be taxed at the same rates and the proceeds distributed in the same
      manner as provided in section 99F.11.
         7.  A licensee shall keep its books and records regarding the
      operation of gambling games in compliance with section 99F.12, as
      applicable.
         8. a.  The commission shall, upon the immediate payment of the
      applicable table games license fee and submission to the commission
      by June 1, 2005, of an application by a licensee of a pari-mutuel dog
      or horse racetrack licensed to conduct gambling games at a
      pari-mutuel racetrack enclosure, issue a license to the licensee to
      conduct table games of chance, including video machines that simulate
      table games of chance, at the pari-mutuel racetrack enclosure subject
      to the requirements of this subsection.  However, a table games
      license may only be issued to a licensee required to pay a table
      games license fee of three million dollars under this subsection if
      the licensee, and all other licensees of an excursion gambling boat
      in that county, file an agreement with the commission authorizing the
      granting of a table games license under this subsection and
      permitting all licensees of an excursion gambling boat to operate a
      moored barge as of a specific date.  The licensee shall be granted a
      table games license by the commission without conducting a separate
      referendum authorizing table games upon payment of the applicable
      license fee to the commission which table games license fee may be
      offset by the licensee against taxes imposed on the licensee by
      section 99F.11, to the extent of twenty percent of the table games
      license fee paid pursuant to this subsection for each of five
      consecutive fiscal years beginning with the fiscal year beginning
      July 1, 2008.  Fees paid pursuant to this subsection are not
      refundable to the licensee.  A licensee shall not be required to pay
      a fee to renew a table games license issued pursuant to this
      subsection.  Moneys collected by the commission from a table games
      license fee paid under this subsection shall be deposited in the
      rebuild Iowa infrastructure fund created in section 8.57.
         b.  For purposes of this subsection, the applicable license
      fee for a licensee shall be three million dollars if the adjusted
      gross receipts from gambling games for the licensee in the previous
      fiscal year was less than one hundred million dollars, and shall be
      ten million dollars if the adjusted gross receipts from gambling
      games for the licensee in the previous fiscal year was one hundred
      million dollars or more.  
         Section History: Recent Form
         94 Acts, ch 1021, §13; 2000 Acts, ch 1229, §19; 2002 Acts, 2nd Ex,
      ch 1003, §168, 172; 2004 Acts, ch 1136, §36, 37, 65; 2008 Acts, ch
      1032, § 201
         Referred to in § 99F.4, 99F.6