reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 11 - PERMIT APPLICATION REQUIREMENTS AND CRITERIA › Rule 1 - Permit Application Requirements and Criteria › Section 1-14 - Validity of application information

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-5
Sec. 14.
False or misleading information, omission of required
				  information, or substantial deviation from representations in the application
				  for a permit under IC
				  4-31-5 is cause for denial,
				  revocation, or suspension of a permit.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 11 - PERMIT APPLICATION REQUIREMENTS AND CRITERIA › Rule 1 - Permit Application Requirements and Criteria › Section 1-15 - Enforcement of rules

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC 4-31
Sec. 15.
Each permit holder has a duty to comply with the rules of the
				  commission at all times and acknowledge that the rules are a condition under
				  which the permits are granted.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 11 - PERMIT APPLICATION REQUIREMENTS AND CRITERIA › Rule 1 - Permit Application Requirements and Criteria › Section 1-16 - Material modification; expansion or reduction of proposed or existing facility

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC 4-31
Sec. 16.
No permit holder may materially alter an existing or proposed
				  race track facility after a permit has been issued for that facility without
				  prior approval of the commission or, upon delegation by the commission, the
				  secretary of the commission. No permit holder may expand or reduce an existing
				  or proposed race track facility after a permit has been issued for that
				  facility, which expansion or reduction would result in an increase or decrease
				  in the actual cost of the facility of five hundred thousand dollars ($500,000)
				  or more as compared to the estimated or projected development costs of the
				  facility as proposed at the time the permit was granted or which would cost in
				  excess of five hundred thousand dollars ($500,000) at an existing facility,
				  without the prior approval of the commission or, upon delegation by the
				  commission, the secretary of the commission. In the event a permit holder shall
				  fail to obtain required approval, the commission may revoke or suspend the
				  permit holder's permit or assess such fines or penalties which the commission
				  shall in its discretion deem appropriate.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 11 - PERMIT APPLICATION REQUIREMENTS AND CRITERIA › Rule 1 - Permit Application Requirements and Criteria › Section 1-17 - Delay in completion of racing facility

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC 4-31
Sec. 17.
(a) Failure
				of a permit holder to begin the type of racing authorized under the permit as
				specified by the commission by the date specified in the permit may, at the
				sole discretion of the commission, subject the permit holder to a late fee not
				to exceed fifteen thousand dollars ($15,000) for every day that racing is not
				conducted after the commencement date specified in the permit for racing to
				begin. However, this late fee shall not be required to be paid for any
				particular day if the permit holder can prove to the satisfaction of the
				commission that the delay arose out of causes beyond the control and without
				the fault or negligence of the permit holder, its contractors, and
				subcontractors.
(b) Such causes
				referred to in subsection (a) may include, but are not limited to:
(1) acts of God or enemies of the United
				States;
(2) acts of government in
				either its sovereign or contractual capacity;
(3) fires;
(4) floods;
(5) epidemics;
(6) quarantine restrictions;
(7) strikes;
(8) freight embargoes; and
(9) unusually severe weather;
but in every case the delay shall be beyond the control and
				  without the negligence of the permit holder, its contractors, and
				  subcontractors.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 11 - PERMIT APPLICATION REQUIREMENTS AND CRITERIA › Rule 1 - Permit Application Requirements and Criteria › Section 1-18 - Filing of permit holder's organizational documents

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC 4-31
Sec. 18.
Each permit holder is required to keep on file with the
				  commission a current copy of its organizational documents, such as articles of
				  incorporation, by-laws, articles of partnership, certificate of limited
				  partnership, etc. Any amendment to these documents shall be filed with the
				  commission as soon as is practicable by the applicant.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 11 - PERMIT APPLICATION REQUIREMENTS AND CRITERIA › Rule 1 - Permit Application Requirements and Criteria › Section 1-20 - Issuance of permit

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-5
Sec. 20.
In considering the issuance of a permit, the commission shall
				  approve, modify and approve, or deny the request for a permit. In issuing a
				  permit, the commission may, in its sole discretion, specify in detail any
				  conditions to which the issuance of a permit is subject.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 11 - PERMIT APPLICATION REQUIREMENTS AND CRITERIA › Rule 1 - Permit Application Requirements and Criteria › Section 1-21 - Annual permit renewal

Current through July 10, 2024
Authority: IC 4-31-3-9
Affected: IC 4-31-5
Sec. 21.
(a) An
				applicant for a renewal of a permit issued under IC 4-31-5 shall submit the
				following to the commission's office no later than the date specified in
				section 3(b) of this rule:
(1) A letter of
				transmittal to the commission and fifteen (15) copies of the renewal
				application.
(2) A cashier's check
				or certified check payable to the commission in the amount of five thousand
				dollars ($5,000) as a nonrefundable annual permit fee.
(3) Any changes to the information previously
				submitted to the commission for applicant's existing permit which have not been
				previously considered and acted upon by the commission.
(4) A request for race dates and additional
				information required under
				71 IAC 2-9-1.
(5) Any additional information requested by
				the commission either before or after the renewal application is
				submitted.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 11 - PERMIT APPLICATION REQUIREMENTS AND CRITERIA › Rule 1 - Permit Application Requirements and Criteria › Section 1-22 - Reporting of interest in a permit holder

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-13-3.5
Sec. 22.
(a) This
				rule applies to all permit holders.
(b) As used in this rule, "interest in a
				permit holder" has the meaning set forth in IC
				4-31-13-3.5(f).
(c) All permit holders must file a quarterly
				report that sets forth those persons who hold an interest in a permit
				holder.
(d) The quarterly report
				must be filed in the format directed by the executive director, or the
				executive director's designee, by the fifteenth day of the month following the
				close of the quarter based on the calendar quarter, or at a time as directed by
				the executive director.
(e) The
				report must be filed with the following:
(1)
				The commission.
(2) The state
				election commission.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 1 - License Application Requirements and Criteria › Section 1-1 - Authority

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-5.5
Sec. 1.
IC
				  4-31-3-9 authorizes the commission
				  to adopt rules to implement this article.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 1 - License Application Requirements and Criteria › Section 1-2 - Purpose

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-5.5
Sec. 2.
The purpose of this article is as follows:
(1) To ensure that pari-mutuel wagering at
				satellite facilities in Indiana will be conducted with the highest of standards
				and the greatest level of integrity.
(2) To establish application and license
				criteria for the issuance of licenses to conduct activities relating to
				pari-mutuel wagering at satellite facilities in order to ensure the protection
				of the public interest.
(3) To
				ensure that the process of the issuance of licenses relating to pari-mutuel
				wagering at satellite facilities is fair and equitable.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 1 - License Application Requirements and Criteria › Section 1-3 - Time for filing of applications for licenses

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-5.5
Sec. 3.
(a) The
				commission shall determine, and give ten (10) days public notice of, a thirty
				(30) day period in which initial license applications will be accepted. The
				notice of the thirty (30) day period will be given reasonably promptly after
				the commission considers and acts upon the permit applications filed during the
				one hundred six (106) day period from May 1 to August 14, 1992. The initial
				license applications submitted during the thirty (30) day period will be
				considered and acted upon by the commission as a group when considering whether
				to grant a license or licenses. Thereafter, initial license applications will
				be considered and acted upon by the commission from time to time as submitted.
				Provided, however, that initial license applications received after the thirty
				(30) day period will not be considered by the commission until after the
				commission has considered and acted upon the initial license applications filed
				during the thirty (30) day period described above.
(b) Thereafter, subsequent to implementation
				of subsection (a), license holders under IC
				4-31-5.5 shall file an annual
				renewal license application with the commission no later than November 1 of the
				year preceding the year in which pari-mutuel wagering at a satellite facility
				is to be conducted.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 1 - License Application Requirements and Criteria › Section 1-4 - Application form and affidavit

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-5.5
Sec. 4.
(a) An
				applicant for a license under IC
				4-31-5.5 shall submit to the
				commission an affidavit and application and any exhibits thereto, in the form
				and manner prescribed by the commission and on forms furnished by the
				commission. The application and related forms shall be available at the
				commission's office.
(b) The
				applicant shall use best efforts to provide all information required to be
				disclosed in the application. In the event an applicant is unable, despite best
				efforts, to provide the information required, the applicant shall fully explain
				and document to the satisfaction of the commission its inability to provide the
				information and shall provide such information promptly upon being able to do
				so.
(c) Upon request of the
				commission or its agents, the applicant shall provide copies of any documents
				used in the preparation of its application.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 1 - License Application Requirements and Criteria › Section 1-5 - Application submission

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-5.5
Sec. 5.
An applicant for a license under IC
				  4-31-5.5 shall submit the following
				  to the commission's office not later than the date specified in section 3 of
				  this rule:
(1) All documents required
				by IC 4-31 and this article as a single assemblage and sequentially numbered,
				including exhibits, with each exhibit properly identified.
(2) A letter of transmittal to the commission
				and, in sealed envelopes, one (1) manually signed, and fifteen (15) copies of
				the application.
(3) The applicant
				shall be responsible for the payment of any and all fees and expenses with
				regard to the initial license application incurred by the commission, at its
				discretion, for outside professionals and consultants, excluding legal and
				investigative fees. As an initial retainer against such initial license
				application fee, the applicant shall submit, at the time of providing a license
				application to the commission, a cashier's check or certified check in an
				amount to be determined by the commission, payable to the commission. Any
				portion of such fees not required to complete such review as determined by the
				commission shall be refunded to the applicant within twenty (20) days of the
				withdrawal or rejection of the initial license application or within twenty
				(20) days of the granting of the license. To the extent additional fees are
				necessary, as determined by the commission, the applicant shall submit a
				cashier's check or certified check payable to the commission in an amount
				requested by the commission within ten (10) days of receipt of such request.
				Failure to submit such additional fees will result in suspension of the
				processing of the license application by the commission and may ultimately
				result in the denial of the issuance of a license.
(4) The commission may require the payment of
				investigative fees, to be determined by the commission, if the commission shall
				determine that an investigation is necessary.
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

Current through July 10, 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.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 1 - License Application Requirements and Criteria › Section 1-7 - Initial operations

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-5.5
Sec. 7.
Upon the granting of a license to an applicant, the license
				  holder may not commence the operation of the satellite facility so licensed
				  until such time as live racing commences at the race track of the permit holder
				  or group of permit holders who are granted a license
				  hereunder.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 1 - License Application Requirements and Criteria › Section 1-8 - Mileage restrictions

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-5.5
Sec. 8.
A proposed satellite facility may not be located within
				  twenty-five (25) miles of an approved or existing race track in Indiana that
				  conducts pari-mutuel wagering without the prior written permission of the
				  permit holder that operates the approved or existing race track. Such
				  restriction shall not prevent the approval by the commission of a race track
				  within twenty-five (25) miles of an approved or existing satellite
				  facility.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 1 - License Application Requirements and Criteria › Section 1-9 - Conditional approval of simulcasting dates

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-5.5
Sec. 9.
The commission may conditionally approve any and all
				  simulcasting dates requested in the license application or requested by the
				  license holder after a license is granted subject to receipt by the commission
				  of the simulcasting schedule requested. In determining the conditional approval
				  of the simulcasting dates, the factors to be considered by the commission shall
				  include, without limitation, the following:
(1) The economic impact in the locality of
				the satellite facility.
(2) The
				effects that the simulcast races will have on purses, including purses to the
				breed of horse then currently racing live.
(3) The quality of horse racing to be
				simulcast.
(4) The impact of the
				approval on the horse racing and horse breeding industry in the state of
				Indiana.
(5) Past dates.
(6) Past performance of the license
				holder.
(7) Whether the license
				holder has complied with all applicable laws and rules relating to horse
				racing.
(8) Whether the approval
				will maximize revenues to the state.
(9) Whether the approval will adversely
				affect the public health, welfare, and safety.
(10) Any other indices relating to the
				approval of simulcasting dates and simulcasting contracts which the commission
				considers important or relevant to its determination.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 1 - License Application Requirements and Criteria › Section 1-10 - Approval of simulcasting and simulcasting schedule

Current through July 10, 2024
Authority: IC 4-31-3-9
Affected: IC 4-31-5.5
Sec. 10.
(a) The
				commission delegates to the executive director the authority to make approvals
				under this section, unless the executive director in his or her discretion
				determines that consideration and approval by the commission is necessary. The
				license holder may, from time to time, request the executive director of the
				commission for approval of simulcasting and the specifics of a simulcasting
				schedule from its racetrack or for its satellite facilities.
(b) The association, whether acting as a host
				track or a receiving track or satellite facility, shall comply with the filing
				requirements and conditions as determined by the commission.
(c) The association shall retain a copy of
				each simulcast contract to be available to the commission upon
				request.
(d) Compliance by the
				association with the filing requirements and conditions of subsection (b)
				shall, unless the executive director or the commission advises the association
				in writing within five (5) business days after satisfying the filing
				requirements, be deemed:
(1) approval of the
				simulcasting and simulcast schedule;
(2) approval for the participation by the
				association in either interstate common pools or merged pools, including
				changes in takeout rates to achieve a common takeout rate or otherwise achieve
				an equitable combination in an interstate common pool or merged pool;
				and
(3) compliance with
				71 IAC 12-2-7.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 1 - License Application Requirements and Criteria › Section 1-11 - Changes in license applications

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-5.5
Sec. 11.
(a) An
				applicant shall furnish written notification to the commission of any material
				change in the information originally submitted in its application. This
				notification shall be made within five (5) days following the event of such
				change and provide details to the degree of specificity required in the
				application.
(b) Notwithstanding an
				applicant's timely notification of a material change in the information
				submitted in its application, the commission may refuse to consider any
				substantive amendment to an application after the initial submission of the
				application.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 1 - License Application Requirements and Criteria › Section 1-12 - Additional information

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-5.5
Sec. 12.
The commission may require, either before or after oral
				  presentation, any additional information it considers necessary or relevant
				  from any applicant to clarify, support, or otherwise explain information
				  contained in the applicant's application for the purpose of ruling on a license
				  application.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 1 - License Application Requirements and Criteria › Section 1-13 - Oral presentation by applicant

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-5.5
Sec. 13.
The commission shall provide the applicant for a license
				  under IC 4-31-5.5 an opportunity to make an
				  oral presentation of its application to the commission prior to the ruling on
				  the application. The presentation shall be made by an applicant, under oath, at
				  a session of the commission. The presentation shall be limited to the
				  information contained in the applicant's application. The commission is not
				  required to afford an applicant more than one (1) opportunity to make an oral
				  presentation on the same application prior to a commission determination.
				  Provided, however, the commission may require an applicant to appear before the
				  commission to clarify or otherwise respond to questions concerning the
				  application as a condition to the issuance of a license. No opportunity for an
				  oral presentation need be given, if, at any time, the commission deems the
				  applicant's application not complete and does not accept the application for
				  filing.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 1 - License Application Requirements and Criteria › Section 1-14 - License applications as public records

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-5.5; IC
				  5-14-3-2; IC
				  5-14-3-4
Sec. 14.
The secretary of the commission shall retain and safeguard
				  all applications received under IC
				  4-31-5.5. Promptly after an
				  application has been filed, the secretary shall deliver the application to the
				  commission for review. Upon filing, the application shall become a public
				  record as defined in IC
				  5-14-3-2, therefore making the
				  application subject to public inspection or copying, except that any personal
				  financial information required in the application or as a supplement thereto
				  shall be kept confidential in accordance with IC
				  5-14-3-4(a)(5).
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 1 - License Application Requirements and Criteria › Section 1-15 - Contracts with a license holder; approval by commission or executive director

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-5.5; IC
				  4-31-6-1; IC 4-35
Sec. 15.
(a) The
				following contracts must be approved by the commission or the executive
				director:
(1) contracts for
				management;
(2) contracts for
				totalizer services;
(3) a contract
				or a series of contracts between a license holder and a related party that
				exceeds fifty thousand dollars ($50,000), other than a contract for
				employment.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 1 - License Application Requirements and Criteria › Section 1-16 - Transfers of licenses

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-5.5
Sec. 16.
A license issued under IC
				  4-31-5.5 is for the benefit of the
				  license holder only and is applicable only to the location for which the
				  license was issued. The license may not be sold or otherwise transferred and
				  shall terminate upon a substantial change of ownership of the license holder,
				  unless the commission has granted prior written approval of the substantial
				  change. The sale, pledge, encumbrance, or other transfer of five percent (5%)
				  or more of the equity securities or other ownership interest of a partnership,
				  association, corporation, or other entity holding a license shall be considered
				  a substantial change of ownership. Any request for approval of a substantial
				  change of ownership shall contain, where applicable, the same information about
				  the proposed transferee as is required to be furnished under section 4 of this
				  rule. Upon receipt of all information required by the commission with regard to
				  a proposed substantial change in ownership, the commission shall, within sixty
				  (60) days, make a determination whether to authorize and approve the
				  substantial change in ownership of a license holder.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 1 - License Application Requirements and Criteria › Section 1-17 - Validity of application information

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-5.5
Sec. 17.
False or misleading information, omission of required
				  information, or substantial deviation from representations in the application
				  for a license under IC
				  4-31-5.5 is cause of denial,
				  revocation, or suspension of a license.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 1 - License Application Requirements and Criteria › Section 1-18 - Enforcement of rules

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC 4-31
Sec. 18.
Each license holder has a duty to comply with the rules of
				  the commission at all times and acknowledge that the rules are a condition
				  under which the license is granted.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 1 - License Application Requirements and Criteria › Section 1-19 - Material modification, expansion, or reduction of proposed or existing satellite facility

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC 4-31
Sec. 19.
No license holder may materially alter an existing or
				  proposed satellite facility after a license has been issued for that facility
				  without prior approval of the commission or, upon delegation by the commission,
				  the secretary of the commission. No license holder may expand or reduce an
				  existing or proposed satellite facility after a license has been issued for
				  that facility, which expansion or reduction would result in an increase or
				  decrease in the actual cost of the facility of five hundred thousand ($500,000)
				  or more in as compared to the estimated or projected development costs of the
				  facility as proposed at the time the license was granted or which would cost in
				  excess of five hundred thousand ($500,000) at an existing facility, without
				  prior approval of the commission or, upon delegation by the commission, the
				  secretary of the commission. In the event a license holder shall fail to obtain
				  required approval, the commission may revoke or suspend the license holder's
				  license or assess such fines or penalties which the commission shall in its
				  discretion determine appropriate.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 1 - License Application Requirements and Criteria › Section 1-20 - Delay in completion of satellite facility

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC 4-31
Sec. 20.
(a) Failure
				of a license holder to begin simulcasting authorized under the license as
				specified by the commission by the date specified in the license may, at the
				sole discretion of the commission, subject the license holder to a late fee not
				to exceed five thousand dollars ($5,000) for every day that simulcasting is not
				conducted after the commencement date specified in the license. However, this
				late fee shall not be required to be paid for any particular day if the license
				holder can prove to the satisfaction of the commission that the delay arose out
				of causes beyond the control and without the fault or negligence of the license
				holder, its contractors, and subcontractors.
(b) Such causes referred to in subsection (a)
				may include, but are not limited to:
(1) acts
				of God or enemies of the United States;
(2) acts of government in either its
				sovereign or contractual capacity;
(3) fires;
(4) floods;
(5) epidemics;
(6) quarantine restrictions;
(7) strikes;
(8) freight embargoes; and
(9) unusually severe weather;
but in every case the delay shall be beyond the control and
				  without the negligence of the license holder, its contractors, and
				  subcontractors.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 1 - License Application Requirements and Criteria › Section 1-21 - Filing of license holder's organizational documents

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC 4-31
Sec. 21.
Each license holder is required to keep on file with the
				  commission a current copy of its organizational documents, such as articles of
				  incorporation, bylaws, articles of partnership, certificate of limited
				  partnership, etc. Any amendment to these documents shall be filed with the
				  commission as soon as is practicable by the applicant.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 1 - License Application Requirements and Criteria › Section 1-23 - Annual license renewal and fee

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-5.5
Sec. 23.
(a) Upon the
				issuance of an initial license, the license holder shall submit to the
				commission a cashier's check or certified check payable to the commission as a
				nonrefundable annual license fee in the amount of one thousand dollars
				($1,000).
(b) An applicant for a
				renewal of a license under IC
				4-31-5.5 shall submit the following
				to the commission's office no later than the date specified in section 3(b) of
				this rule:
(1) A letter of transmittal to the
				commission and fifteen (15) copies of the renewal application for each
				license.
(2) A cashier's check or
				certified check payable to the commission in the amount of one thousand dollars
				($1,000) as a nonrefundable annual license fee for each license.
(3) Any changes to the information previously
				submitted to the commission for applicants' existing licenses to conduct
				pari-mutuel wagering at a satellite facility which have not been previously
				considered and acted upon by the commission.
(4) A request for conditional approval of
				simulcasting dates under section 9 of this rule.
(5) Any additional information requested by
				the commission either before or after the renewal application is
				submitted.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 1 - License Application Requirements and Criteria › Section 1-24 - Issuance of license

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-5
Sec. 24.
In considering the issuance of a license, the commission
				  shall approve, modify and approve, or deny the request for a license. The
				  commission may, in its sole discretion, preliminarily and conditionally approve
				  the proposed location of a satellite facility, subject to the subsequent filing
				  of a license application and compliance by the license applicant with all
				  statutes, rules, and regulations related to the issuance of a license. In
				  issuing a license, the commission may, in its sole discretion, specify in
				  detail any conditions to which the issuance of a license is
				  subject.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 2 - Operations › Section 2-1 - Application

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC 4-31
Sec. 1.
This rule applies to satellite facilities and simulcasting to
				  and from a permit holder's track.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 2 - Operations › Section 2-2 - Penalties

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-13-1; IC
				  4-31-7-7
Sec. 2.
The commission may impose a civil penalty pursuant to IC
				  4-31-13-1 for each violation of the
				  terms of the Act relating to:
(1) the
				conduct of satellite and simulcast wagering;
(2) any rules adopted by the
				commission;
(3) any order of the
				commission;
(4) any action, or
				failure to act, which the commission finds and determines to be a detriment or
				impediment to satellite wagering; or
(5) any requirement imposed as a condition of
				licensure.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 2 - Operations › Section 2-3 - Commission office

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-5.5
Sec. 3.
Each satellite facility shall provide working space at the
				  satellite facility for commission employees to carry out their duties of
				  inspection and regulation.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 2 - Operations › Section 2-4 - Simulcast requirements

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-7-7
Sec. 4.
(a) The
				permit holder conducting the horse race upon which satellite wagering is being
				conducted is responsible for the content of its simulcast and shall use all
				reasonable effort to present a simulcast which offers the viewers an exemplary
				depiction of its racing program.
(b) Every simulcast shall be encrypted in a
				manner approved by the commission. However, the commission or the executive
				director may waive the requirement for the encryption and decoding of
				transmissions originated in another state if the signal is available on cable
				or network television. At the request of the association, the commission may
				waive the encryption requirement for a special race, a series of special races,
				or for experimental purposes.
(c)
				Every simulcast shall contain in its video content the following:
(1) A digital display of the actual time of
				day, the name of the race track from where it emanates, and the number of the
				race being displayed.
(2) A
				periodic display of wagering information, including:
(A) odds;
(B) probable payoffs; and
(C) pool totals.
(3) Continuity of programming between horse
				racing events.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 2 - Operations › Section 2-5 - Interruption of signal

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-7-7
Sec. 5.
(a) In the
				event the transmission or reception of the audio coverage of a race is
				interrupted, the video signal of the race shall continue to be
				present.
(b) In the event the
				transmission or reception of the video coverage of a race is interrupted, the
				audio coverage of the race shall continue to be presented.
(c) If the reception of the audio and video
				coverage of a race is interrupted, wagering being conducted on future races at
				the nonprimary location shall cease until the transmissions are
				restored.
(d) If the interruption
				of audio or video coverage, or both, prevent the display of a race at the
				nonprimary location, a replay of the race shall be displayed at the nonprimary
				location as soon after the restoration of coverage as possible.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 2 - Operations › Section 2-6 - Wagering pools on intrastate simulcasting

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-7-7
Sec. 6.
All wagers accepted by a satellite facility or a track on
				  races originating from a race track in Indiana shall be transmitted to the host
				  track for inclusion in the appropriate wagering pool for the purpose of
				  calculating payoffs to bettors.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 2 - Operations › Section 2-7 - Wagering pools on interstate simulcasting

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-7-8; IC
				  4-31-9-1
Sec. 7.
Upon petition by the permit holder the commission may
				  authorize a permit holder to participate in an interstate combined wagering
				  pool that is established for the purpose of calculation payoff pursuant to IC
				  4-31-7-8 on races origination in
				  another state or country. The petition shall include the following:
(1) The date or dates of simulcast.
(2) The types of wagering opportunities to be
				offered.
(3) The rate of takeout
				for each type of wager.
(4) The
				method for calculating breakage.
Specifics attesting to the compatibility of the totalizator
				  systems to transmit wagering information to the host track shall be provided.
				  Approval of the racing jurisdiction where the signal is origination should be
				  provided. Simulcast conducted on races originating in another state or country
				  without commission approval of an interstate combined wager pool shall be
				  conducted pursuant to IC
				  4-31-9-1.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 2 - Operations › Section 2-8 - Announcing the close of wagering

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-5.5; IC
				  4-31-7-7
Sec. 8.
The stop betting command shall be noted by the ringing of the
				  off-bell at the satellite facility and the track receiving a simulcast signal.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 2 - Operations › Section 2-9 - Satellite facility wagering

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-5.5
Sec. 9.
All pari-mutuel wagering at a satellite facility shall be
				  conducted in accordance with the rules of the commission. Pari-mutuel tickets
				  utilized at satellite locations shall be distinct from pari-mutuel tickets used
				  at the permit holder's track. The form of the ticket utilized shall be approved
				  by the commission or its designee prior to the operation of the satellite
				  facility if it meets this standard.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 2 - Operations › Section 2-10 - Licensing of employees

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-5.5; IC
				  4-31-6
Sec. 10.
(a) No
				person shall perform any work or services which are conducted in whole or in
				part on the grounds of a satellite facility without first obtaining a license
				issued by the commission pursuant to IC
				4-31-6.
(b) The commission shall require all persons
				licensed pursuant to this section who routinely come in contact with the public
				to display an identification badge on their outer garment during the course of
				their employment.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 2 - Operations › Section 2-11 - Concessionaire license

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-5.5
Sec. 11.
No concessionaire shall operate at any satellite facility in
				  Indiana without an occupational license issued by the
				  commission.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 2 - Operations › Section 2-12 - Duties of the permit holder acting as host association

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-7-7
Sec. 12.
A permit holder acting as a host association shall provide
				  the following:
(1) An uplink system
				which shall not interfere with the closed circuit television system utilized by
				the permit holder for officiating and on-track patron information.
(2) A transponder.
(3) Pari-mutuel terminals, pari-mutuel odds
				display, modems, and switching units at the permit holder's track enabling
				pari-mutuel data transmissions and data communication to and from the
				totalizator utilized by the satellite facility.
(4) A voice communication system between each
				satellite facility and the permit holder providing direct voice contact between
				the judges and pari-mutuel departments.
(5) A video record of all simulcasts, in
				decoded form, and a copy of such record on either a one-half (½) inch or
				a three-quarter (¾) inch video cassette when requested by the
				commission.
(6) Not less than
				thirty (30) minutes prior to the commencement of transmission of the racing
				program for each day or night, a test program of its transmitter, encryption
				and decoding, and data communication to assure proper operation of the
				system.
(7) At the request of any
				representative of the commission, a listing of all locations able to receive
				the simulcast in decoded form.
(8)
				Such security controls over its uplink and communications system as directed by
				the commission.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 2 - Operations › Section 2-13 - Duties of the satellite facility or permit holder acting as guest association

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-7-7; IC
				  5-14-3-4
Sec. 13.
A satellite facility or permit holder acting as a receiving
				  track shall provide the following:
(1)
				A downlink system which shall not interfere with the closed circuit television
				system utilized by the satellite facility for officiating and satellite patron
				information.
(2) Pari-mutuel
				terminals, pari-mutuel odds display, modems, and switching units at the
				satellite facility enabling pari-mutuel data transmissions and data
				communication to and from the totalizator utilized by the permit
				holder.
(3) A voice communication
				system between each satellite facility and the host track providing direct
				voice contact between the judges and pari-mutuel departments.
(4) A video record of all simulcasts, in
				decoded form, and a copy of such record on either a one-half (½) inch or
				a three-quarter (¾) inch video cassette when requested by the
				commission.
(5) Not less than
				thirty (30) minutes prior to the commencement of transmission of the racing
				program for each day or night, a test program of its receiver, description and
				decoding, and data communication to assure proper operation of the
				system.
(6) A separate outstanding
				ticket liability account must be maintained if the totalization system utilized
				by the satellite facility is independent from that of the permit
				holder.
(7) Such security controls
				over its downlink and communications system as directed by the
				commission.
(8) Compliance with the
				commission emergency stop betting procedures.
(9) A separate annual report for the track
				and for each satellite facility shall be filed with the commission no later
				than March 31 after the close of the fiscal year. The annual report shall
				include a profit and loss statement and shall be in a format approved by the
				commission or the executive director. Such separate annual reports shall be
				considered as confidential financial documents, and therefore will be kept
				confidential in accordance with IC
				5-14-3-4(a)(5).
				The commission, upon good cause shown, may extend the time for
				filing.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 2 - Operations › Section 2-14 - Suspension or termination of operations

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-5.5
Sec. 14.
A license holder shall submit written notice of its intention
				  to suspend or terminate operations at a satellite facility at least sixty (60)
				  days prior to suspension or termination. The sixty (60) day notification period
				  may be reduced by the commission for good cause shown.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 2 - Operations › Section 2-15 - Allocation of riverboat gambling admissions tax revenue

Current through July 10, 2024
Authority: IC 4-31-3-9; IC 4-33-12-6
Affected: IC 4-31-11-10
Sec. 15.
(a) An
				association must be racing live in order to be eligible to receive
				distributions of riverboat gambling admissions tax revenue pursuant to this
				section.
(b) The commission shall
				allocate the riverboat gambling admissions tax revenue distributed to the
				commission by the treasurer of state pursuant to IC 4-33-12-6 as follows:
(1) Nineteen and six-tenths percent (19.6%)
				divided between the standardbred breed development fund, thoroughbred breed
				development fund, and quarter horse breed development fund as established by
				the commission under IC 4-31-11-10 as follows:
(A) Forty-eight (48%) to standardbred breed
				development.
(B) Forty-eight (48%)
				to thoroughbred breed development; and
(C) Four (4%) to quarter horse breed
				development.
Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 12 - SATELLITE FACILITY AND SIMULCASTING › Rule 2 - Operations › Section 2-16 - Allocation of simulcasting revenue to host association

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-9-2
Sec. 16.
(a)
				Intrastate simulcasting revenue for purses under IC
				4-31-9-2 generated by any
				association or satellite facility on a signal provided by a host association
				shall be allocated in full to purses to benefit the breed of horse at the host
				association that is providing the simulcasting signal.
(b) Interstate simulcasting revenue generated
				for purses under IC
				4-31-9-2 by transmitting the signal
				of a host association to a location outside of the state of Indiana shall be
				allocated in full to purses to benefit the breed of horse at the host
				association that is providing the simulcasting signal.