Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 1 - Organization and Operation › Rule 491-1.7 - Criteria for Granting Licenses, Renewing Licenses, and Determining Race Dates

Current through Register Vol. 47, No. 3, July 24, 2024
The commission sets forth the following criteria which the
				commission will consider when deciding whether to issue a license to conduct
				racing or gaming or sports wagering in Iowa. The various criteria may not have
				the same importance in each instance, and other factors may present themselves
				in the consideration of an application for a license. The criteria are not
				listed in order of priority. After the initial consideration for issuing a
				license, applicable criteria need only be considered when an applicant has
				demonstrated a deficiency.
(1)
Compliance.
The commission will consider whether or not the
			 applicant is and has been in compliance with the terms and conditions specified
			 in Iowa Code section
			 99D.9
			 or
			 99F.4. The commission will
			 also consider whether the proposed facility is in compliance with applicable
			 state and local laws regarding fire, health, construction, zoning, and other
			 similar matters.
(2)
Gaming
			 integrity.
The commission will consider whether the proposed operation
			 would ensure that gaming and sports wagering are conducted with a high degree
			 of integrity in Iowa and that the officers, directors, partners, or
			 shareholders of the operation are of good repute and moral character. The
			 commission shall decide what weight and effect evidence about an officer,
			 director, partner, or shareholder should have in the determination of whether
			 there is substantial evidence that the individual is not of good reputation and
			 character. For the purposes of this chapter, the term "directors" shall also
			 include managers of limited liability companies and the term "shareholders"
			 shall also include members of limited liability companies.
(3)
Economic impact and
			 development.
The commission will consider:
a. The amount of revenue to be provided by
			 the proposed facility to the state and local communities through direct
			 taxation on the facility's operation and indirect revenues from tourism,
			 ancillary businesses, creation of new industry, and taxes on employees and
			 patrons. The commission may engage an independent firm proficient in market
			 feasibility studies in the industry for specific analysis of any application to
			 determine the potential market of any proposed facility as well as the impact
			 on existing licensees.
b. The level
			 of financial and other support the proposed operation will provide to the
			 community in order to improve the quality of life of the residents of the
			 community.
c. The viability and
			 overall net benefit of the proposed operation to the state gaming industry,
			 taking into consideration:
(1) Investment
			 versus projected adjusted gross revenue.
(2) Impact on existing operators' adjusted
			 gross revenue versus existing operators' ratio of adjusted gross revenue to
			 investment.
(3) Ratio of equity to
			 total investment and whether the proposed project is adequately and properly
			 financed.
(4) Percent of projected
			 adjusted gross revenue from underserved markets.
(5) Percent of projected adjusted gross
			 revenue from existing Iowa operators.
(6) Stability and reliability of out-of-state
			 market(s).
d. The
			 benefits to Iowa tourism.
e. The
			 number and quality of employment opportunities for Iowans.
f. The development and sale of Iowa
			 products.
g. The number and types
			 of developments and amenities associated with the proposed operation in
			 addition to the gaming floor.