Section 71 IAC 12-1-6 - License criteriaAuthority: 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.(b) In reviewing an application, the commission may consider any information, data, reports, findings, factors, or indices available which it considers important or relevant to its determination of whether an applicant is qualified to hold a satellite facility license under IC 4-31-5.5, including, without limitation, the following: (1) The integrity of the applicant, its partners, directors, officers, policymakers, owners, directly or indirectly, of any equity, security, or other ownership interest in the applicant, including, but not limited to, the following: (B) Whether a party to litigation over business practices, disciplinary actions over a business license or permit, or refusal to renew a license or permit.(C) Proceedings in which unfair labor practices, discrimination, or governmental regulation of pari-mutuel wagering was an issue or bankruptcy proceedings.(D) Failure to satisfy judgments, orders, or decrees.(E) Delinquency in filing of tax reports or remitting taxes.(F) Any other indices related to the integrity of the applicant which the commission considers important or relevant to this determination.(2) The quality of physical improvements and equipment proposed or existing in the applicant's satellite facility, including, but not limited to, the following: (D) Access by road and public transportation.(E) Commission work area.(G) Pari-mutuel management areas.(H) Any other indices related to the quality of physical improvements and equipment which the commission considers important or relevant to its determination.(3) Schedule for completion of satellite facility and feasibility of meeting schedule, including commitments of architects, engineers, contractors, suppliers, materialmen, and vendors.(4) The types, quality, and variety of pari-mutuel horse racing which applicant seeks to simulcast.(5) Financial ability of the applicant to develop, own, and operate a satellite facility successfully, including, but not limited to, the following: (A) Ownership and control structure; amounts and reliability of developmental costs.(B) Certainty of site acquisition or lease.(C) Current financial condition.(D) Sources of equity and debt funds, amounts, terms and conditions, and certainty of commitment.(E) Provisions for cost overruns, nonreceipt of expected equity or debt funds, failure to achieve projected revenues, or other financial adversity.(F) Feasibility of financial plan.(G) Expert opinions relative to feasibility.(H) Any other indices related to financial ability which the commission considers important or relevant to its determination.(6) Status of governmental actions required by the applicant's facility, including, but not limited to, the following: (A) Necessary road improvements.(B) Necessary public utility improvements.(C) Required governmental approvals for development, ownership, and operation of the satellite facility, including appropriate zoning approvals.(D) Any other indices related to the status of governmental action which the commission considers important or relevant to its determination.(7) Management ability of the applicant, including, but not limited to, the following: (A) Qualification of managers, consultants, and other contractors to develop, own, or operate a satellite facility.(C) Marketing, promotion, and advertising plans.(E) Personnel training plan.(F) Equal employment and affirmative action plans.(G) Any other indices related to management ability which the commission considers important or relevant to its determination.(8) Compliance with applicable statutes, charters, ordinances, or regulations.(9) Efforts to promote, develop, and improve the horse racing industry in Indiana, including the investment by applicant at its pari-mutuel race track and proposed satellite facilities in Indiana.(10) Impact of satellite facility, including, but not limited to, the following: (A) Employment created, purchases of goods and services, public and private investment, and taxes generated.(B) Ecological and environmental impact.(D) Cost of public improvements.(F) Any other indices related to the impact of the proposed facility which the commission considers important or relevant to its determination.(11) Extent of public support or opposition to the satellite facility at the location where the license is sought.(12) Effects of location of satellite facility, including, but not limited to, the following: (A) Number, nature, and relative location of other licenses.(B) Impact of facility on the business of a track(s) or satellite facility owned by another permit holder.(C) Impact of facility on permit holder's race track.(D) Impact of facility on live racing, including the impact on purses.(E) Any other indices relating to location of the satellite facility which the commission considers important or relevant to its determination.(13) The commission may consider any other information which the commission considers important or relevant to a proper determination by the commission.Indiana Horse Racing Commission; 71 IAC 12-1-6; emergency rule filed Feb 10, 1994, 9:20 a.m.: 17 IR 1215; readopted filed Oct 30, 2001, 11:50 a.m.: 25 IR 899; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404-IR-071070030RFA; readopted filed November 26, 2013, 11:25 a.m.: 20131225-IR-071130345RFAReadopted filed 8/28/2019, 1:23 p.m.: 20190925-IR-071190319RFAReadopted filed 8/3/2023, 12:49 p.m.: 20230830-IR-071230428RFA