99F.6 - REQUIREMENTS OF APPLICANT -- FEE -- PENALTY.
99F.6 REQUIREMENTS OF APPLICANT -- FEE -- PENALTY.
1. A person shall not be issued a license to conduct gambling
games on an excursion gambling boat or a license to operate an
excursion gambling boat under this chapter, an occupational license,
a distributor license, or a manufacturer license unless the person
has completed and signed an application on the form prescribed and
published by the commission. The application shall include the full
name, residence, date of birth and other personal identifying
information of the applicant that the commission deems necessary.
The application shall also indicate whether the applicant has any of
the following:
a. A record of conviction of a felony.
b. An addiction to alcohol or a controlled substance.
c. A history of mental illness.
2. An applicant shall submit pictures, fingerprints, and
descriptions of physical characteristics to the commission in the
manner prescribed on the application forms. The fingerprints may be
submitted to the federal bureau of investigation by the department of
public safety through the state criminal history repository for the
purpose of a national criminal history check.
3. The commission shall charge the applicant a fee set by the
department of public safety, division of criminal investigation, to
defray the costs associated with the search and classification of
fingerprints required in subsection 2 and background investigations
conducted by agents of the division of criminal investigation. This
fee is in addition to any other license fee charged by the
commission.
4. a. Before a license is granted, the division of criminal
investigation of the department of public safety shall conduct a
thorough background investigation of the applicant for a license to
operate a gambling game operation on an excursion gambling boat. The
applicant shall provide information on a form as required by the
division of criminal investigation. A qualified sponsoring
organization licensed to operate gambling games under this chapter
shall distribute the receipts of all gambling games, less reasonable
expenses, charges, taxes, fees, and deductions allowed under this
chapter, as winnings to players or participants or shall distribute
the receipts for educational, civic, public, charitable, patriotic,
or religious uses as defined in section 99B.7, subsection 3,
paragraph "b". However, a licensee to conduct gambling games
under this chapter shall, unless an operating agreement for an
excursion gambling boat otherwise provides, distribute at least three
percent of the adjusted gross receipts for each license year for
educational, civic, public, charitable, patriotic, or religious uses
as defined in section 99B.7, subsection 3, paragraph "b".
However, if a licensee who is also licensed to conduct pari-mutuel
wagering at a horse racetrack has unpaid debt from the pari-mutuel
racetrack operations, the first receipts of the gambling games
operated within the racetrack enclosure less reasonable operating
expenses, taxes, and fees allowed under this chapter shall be first
used to pay the annual indebtedness. The commission shall authorize,
subject to the debt payments for horse racetracks and the provisions
of paragraph "b" for dog racetracks, a licensee who is also
licensed to conduct pari-mutuel dog or horse racing to use receipts
from gambling games within the racetrack enclosure to supplement
purses for races particularly for Iowa-bred horses pursuant to an
agreement which shall be negotiated between the licensee and
representatives of the dog or horse owners. For agreements subject
to commission approval concerning purses for horse racing beginning
on or after January 1, 2006, and ending before January 1, 2021, the
agreements shall provide that total annual purses for all horse
racing shall be no less than eleven percent of the first two hundred
million dollars of net receipts, and six percent of net receipts
above two hundred million dollars. Agreements that are subject to
commission approval concerning horse purses for a particular period
of time beginning on or after January 1, 2006, and ending before
January 1, 2021, shall be jointly submitted to the commission for
approval. A qualified sponsoring organization shall not make a
contribution to a candidate, political committee, candidate's
committee, state statutory political committee, county statutory
political committee, national political party, or fund-raising event
as these terms are defined in section 68A.102. The membership of the
board of directors of a qualified sponsoring organization shall
represent a broad interest of the communities. For purposes of this
paragraph, "net receipts" means the annual adjusted gross
receipts from all gambling games less the annual amount of money
pledged by the owner of the facility to fund a project approved to
receive vision Iowa funds as of July 1, 2004.
b. The commission shall authorize the licensees of
pari-mutuel dog racetracks located in Dubuque county and Black Hawk
county to conduct gambling games as provided in section 99F.4A if the
licensees schedule at least one hundred thirty performances of twelve
live races each day during a season of twenty-five weeks. For the
pari-mutuel dog racetrack located in Pottawattamie county, the
commission shall authorize the licensee to conduct gambling games as
provided in section 99F.4A if the licensee schedules at least two
hundred ninety performances of twelve live races each day during a
season of fifty weeks. The commission shall approve an annual
contract to be negotiated between the annual recipient of the dog
racing promotion fund and each dog racetrack licensee to specify the
percentage or amount of gambling game proceeds which shall be
dedicated to supplement the purses of live dog races. The parties
shall agree to a negotiation timetable to insure no interruption of
business activity. If the parties fail to agree, the commission
shall impose a timetable. If the two parties cannot reach agreement,
each party shall select a representative and the two representatives
shall select a third person to assist in negotiating an agreement.
The two representatives may select the commission or one of its
members to serve as the third party. Alternately, each party shall
submit the name of the proposed third person to the commission who
shall then select one of the two persons to serve as the third party.
All parties to the negotiations, including the commission, shall
consider that the dog racetracks were built to facilitate the
development and promotion of Iowa greyhound racing dogs in this state
and shall negotiate and decide accordingly.
5. Before a license is granted, an operator of an excursion
gambling boat shall work with the department of economic development
to promote tourism throughout Iowa. Tourism information from local
civic and private persons may be submitted for dissemination.
6. A person who knowingly makes a false statement on the
application is guilty of an aggravated misdemeanor.
7. For the purposes of this section, applicant includes each
member of the board of directors of a qualified sponsoring
organization.
8. a. The licensee or a holder of an occupational license
shall consent to the search, without a warrant, by agents of the
division of criminal investigation of the department of public safety
or commission employees designated by the administrator of the
commission, of the licensee's or holder's person, personal property,
and effects, and premises which are located on the excursion gambling
boat or adjacent facilities under control of the licensee, in order
to inspect or investigate for violations of this chapter or rules
adopted by the commission pursuant to this chapter. The department
or commission may also obtain administrative search warrants under
section 808.14.
b. However, this subsection shall not be construed to permit
a warrantless inspection of living quarters or sleeping rooms on the
riverboat if all of the following are true:
(1) The licensee has specifically identified those areas which
are to be used as living quarters or sleeping rooms in writing to the
commission.
(2) Gaming is not permitted in the living quarters or sleeping
rooms, and devices, records, or other items relating to the
licensee's gaming operations are not stored, kept, or maintained in
the living quarters or sleeping rooms.
(3) Alcoholic beverages are not stored, kept, or maintained in
the living quarters or sleeping rooms except those legally possessed
by the individual occupying the quarters or room.
c. The commission shall adopt rules to enforce this
subsection. Section History: Recent Form
89 Acts, ch 67, §6; 89 Acts, ch 231, § 33; 94 Acts, ch 1021, §15;
95 Acts, ch 176, §3; 2002 Acts, ch 1044, §10, 11; 2003 Acts, ch 108,
§32; 2004 Acts, ch 1136, §40; 2005 Acts, ch 35, §31; 2007 Acts, ch
48, §6, 7