Section 71IAC11-1-6. Permit criteria

   (a) The commission may issue a permit under IC 4-31-5 if the commission determines that the applicant meets all of the requirements under IC 4-31 and this title and, that on the basis of all the facts before it, the following is shown:

(1) The applicant is qualified and financially able to operate a race track.

(2) Racing meetings at a race track will be operated in accordance with all applicable laws and rules.

(3) The appropriate county fiscal body has adopted the ordinance required under IC 4-31-4.

(4) The issuance of a permit will ensure that racing will be conducted with the highest of standards and the greatest level of integrity, and ensure the protection of the public interest.

  (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 permit under IC 4-31-5, 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:

(A) Criminal record.

(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 government 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 its determination.

(2) The quality of physical improvements and equipment proposed or existing in the applicant's facility, including, but not limited to, the following:

(A) Race track or tracks.

(B) Stables and stable area.

(C) Detention barn.

(D) Paddock, jockeys' and drivers' quarters.

(E) Grandstand.

(F) Totalizator equipment.

(G) Parking.

(H) Access by road and public transportation.

(I) Perimeter fence.

(J) Other security improvements and equipment.

(K) Starting, timing, photo finish, photo-patrol, or video equipment.

(L) Commission work areas.

(M) Concessions areas.

(N) Pari-mutuel management areas.

(O) 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 facility and feasibility of meeting schedule, including commitments of architects, engineers, contractors, suppliers, materialmen, and vendors.

(4) The types and variety of pari-mutuel horse racing which applicant seeks to offer.

(5) Financial ability of the applicant to develop, own, and operate a pari-mutuel facility successfully, including, but not limited to, the following:

(A) Ownership and control structure; amounts and reliability of development 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 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) Qualifications of managers, consultants, and other contractors to develop, own, or operate a pari-mutuel facility.

(B) Security plan.

(C) Plans for human and animal health and safety.

(D) Marketing, promotion, and advertising plans.

(E) Concession plan.

(F) Personnel training plan.

(G) Equal employment and affirmative action plans.

(H) 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.

(10) Impact of 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.

(C) Social impact.

(D) Cost of public improvements.

(E) 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 horse racing and pari-mutuel wagering at the location where the permit is sought.

(12) Effects of location of track, including, but not limited to, the following:

(A) Number, nature, and relative location of other permits.

(B) Minimum and optimum number of racing days sought by the applicant.

(C) Any other indices relating to location of track 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 11-1-6; emergency rule filed Feb 10, 1994, 9:20 a.m.: 17 IR 1210; 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 Nov 26, 2013, 11:25 a.m.: 20131225-IR-071130345RFA)