CHAPTER 4. LOCAL APPROVAL OF PARI-MUTUEL WAGERING
IC 4-31-4
Chapter 4. Local Approval of Pari-Mutuel Wagering
IC 4-31-4-1
Adoption of county ordinance; permit
Sec. 1. A person may not conduct or assist in conducting a horseracing meeting in which the pari-mutuel system of wagering ispermitted unless:
(1) the county fiscal body of the county in which the races areto be conducted has adopted an ordinance under section 2 ofthis chapter; and
(2) the person secures a permit under IC 4-31-5.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-4-1.3
Satellite facility license; adoption of ordinance
Sec. 1.3. (a) This section does not apply to a person who satisfiesall of the following:
(1) The person was issued a satellite facility license beforeJanuary 2, 1996.
(2) The person operated a satellite facility before January 2,1996.
(3) The person is currently operating the satellite facility underthe license.
(b) A person may not operate under a satellite facility licenseunless both of the following apply:
(1) The county fiscal body of the county in which the satellitefacility will be operated has adopted an ordinance under section2.5 of this chapter.
(2) The person secures a license under IC 4-31-5.5.
As added by P.L.24-1996, SEC.1.
IC 4-31-4-1.5
Voter approval of pari-mutuel wagering at horse racing meetingsor satellite facilities; when required
Sec. 1.5. (a) This section applies only if a local public question isrequired under section 2, 2.5, or 2.7 of this chapter.
(b) This section does not apply to either of the following:
(1) A permit holder who satisfies all of the following:
(A) The permit holder was issued a permit before January 2,1996.
(B) The permit holder conducted live racing before January2, 1996.
(C) The permit holder is currently operating under thepermit.
(2) A person who satisfies all of the following:
(A) The person was issued a satellite facility license beforeJanuary 2, 1996.
(B) The person operated a satellite facility before January 2,1996. (C) The person is currently operating the satellite facilityunder the license.
(c) In addition to the requirements of section 1 of this chapter, aperson may not conduct or assist in conducting a horse racingmeeting in which the pari-mutuel system of wagering is permittedunless the voters of the county in which the races are to be conductedhave approved conducting a horse racing meeting using thepari-mutuel system of wagering in the county.
(d) In addition to the requirements of section 1.3 of this chapter,a person may not operate under a satellite facility license unless thevoters of the county in which the satellite facility will be operatedhave approved the operation of a satellite facility in the county.
As added by P.L.24-1996, SEC.2.
IC 4-31-4-2
Pari-mutuel wagering at horse racing meetings; adoption oramendment of ordinance; procedure
Sec. 2. (a) A county fiscal body may adopt an ordinancepermitting the filing of applications under IC 4-31-5 to conductpari-mutuel wagering on horse races at racetracks in the county.However, before adopting the ordinance, the county fiscal bodymust:
(1) conduct a public hearing on the proposed ordinance; and
(2) publish notice of the public hearing in the mannerprescribed by IC 5-3-1.
(b) The county fiscal body may:
(1) require in the ordinance adopted by the county fiscal bodythat before applications under IC 4-31-5 to conduct pari-mutuelwagering on horse races at racetracks in the county may befiled, the voters of the county must approve the conducting ofhorse racing meetings in the county under section 3 of thischapter; or
(2) amend an ordinance already adopted by the county fiscalbody to require that before applications under IC 4-31-5 toconduct pari-mutuel wagering on horse races at racetracks inthe county may be filed, the voters of the county must approvethe conducting of horse racing meetings in the county undersection 3 of this chapter.
An ordinance adopted under this section may not be amended toapply to a person who has already been issued a permit underIC 4-31-5 before amendment of the ordinance.
(c) An ordinance adopted under this section authorizing a personto conduct pari-mutuel wagering on horse races at racetracks in thecounty may not be adopted or amended in a manner that restricts aperson's ability to conduct gambling games under IC 4-35.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1996,SEC.3; P.L.233-2007, SEC.4.
IC 4-31-4-2.5
Satellite facility; adoption or amendment of ordinance; procedure Sec. 2.5. (a) A county fiscal body may adopt an ordinancepermitting the filing of applications under IC 4-31-5.5 for operationof a satellite facility in the county. However, before adopting theordinance, the county fiscal body must:
(1) conduct a public hearing on the proposed ordinance; and
(2) publish notice of the public hearing in the mannerprescribed by IC 5-3-1.
(b) The county fiscal body may:
(1) require in the ordinance adopted by the county fiscal bodythat before applications under IC 4-31-5.5 to operate a satellitefacility in the county may be filed, the voters of the county mustapprove the operation of a satellite facility in the county undersection 3 of this chapter; or
(2) amend an ordinance already adopted in the county to requirethat before applications under IC 4-31-5.5 to operate a satellitefacility in the county may be filed, the voters of the county mustapprove the operation of a satellite facility in the county undersection 3 of this chapter.
An ordinance adopted under this section may not be amended toapply to a person who was issued a license under IC 4-31-5.5 beforethe ordinance was amended.
As added by P.L.24-1996, SEC.4.
IC 4-31-4-2.7
Recognized meeting permit or satellite facility license for use onpublic property; voter approval
Sec. 2.7. (a) This section does not apply to either of the following:
(1) A permit holder who satisfies all of the following:
(A) The permit holder was issued a permit before January 2,1996.
(B) The permit holder conducted live racing before January2, 1996.
(C) The permit holder is currently operating under thepermit.
(2) A person who satisfies all of the following:
(A) The person was issued a satellite facility license beforeJanuary 2, 1996.
(B) The person operated a satellite facility before January 2,1996.
(C) The person is currently operating the satellite facilityunder the license.
(b) This section applies only if either of the following apply:
(1) The recognized meeting permit is for conducting a horseracing meeting on public property.
(2) The satellite facility license is for operating a satellitefacility on public property.
(c) As used in this section, "public property" refers to realproperty owned by, or not more than two (2) years before issuanceof the permit or license any interest in which is transferred by, anyof the following: (1) The federal government.
(2) The state.
(3) A political subdivision (as defined in IC 36-1-2-13).
(4) An agency or instrumentality of an entity described insubdivision (1), (2), or (3).
(d) Notwithstanding any other provision of this article, thecommission may not do either of the following:
(1) Issue a recognized meeting permit under IC 4-31-5 to allowthe conducting of or the assisting of the conducting of a horseracing meeting unless the voters of the county in which thepublic property is located have approved the conducting ofrecognized meetings in the county.
(2) Issue a satellite facility license under IC 4-31-5.5 unless thevoters of the county in which the public property is located haveapproved the operation of a satellite facility in the county.
As added by P.L.24-1996, SEC.5.
IC 4-31-4-3
Issuance of recognized meeting permit or satellite facility license;voter approval; ballot form; certification of election results; secondand subsequent public questions
Sec. 3. (a) This section does not apply to either of the following:
(1) A permit holder who satisfies all of the following:
(A) The permit holder was issued a permit before January 2,1996.
(B) The permit holder conducted live racing before January2, 1996.
(C) The permit holder is currently operating under thepermit.
(2) A person who satisfies all of the following:
(A) The person was issued a satellite facility license beforeJanuary 2, 1996.
(B) The person operated a satellite facility before January 2,1996.
(C) The person is currently operating the satellite facilityunder the license.
(b) This section applies if either of the following apply:
(1) Both of the following are satisfied:
(A) An ordinance is adopted under section 2 or 2.5 of thischapter.
(B) The ordinance requires the voters of the county toapprove either of the following:
(i) The conducting of horse racing meetings in the county.
(ii) The operation of a satellite facility in the county.
(2) A local public question is required to be held under section2.7 of this chapter following the filing of a petition with thecircuit court clerk:
(A) signed by at least the number of registered voters of thecounty required under IC 3-8-6-3 to place a candidate on theballot; and (B) requesting that the local public question set forth insubsection (d) be placed on the ballot.
(c) Notwithstanding any other provision of this article, thecommission may not issue a recognized meeting permit underIC 4-31-5 to allow the conducting of or the assisting of theconducting of a horse racing meeting unless the voters of the countyin which the property is located have approved conductingrecognized meetings in the county.
(d) For a local public question required to be held undersubsection (c), the county election board shall place the followingquestion on the ballot in the county during the next general election:
"Shall horse racing meetings at which pari-mutuel wageringoccurs be allowed in _____________ County?".
(e) Notwithstanding any other provision of this article, thecommission may not issue a satellite facility license underIC 4-31-5.5 to operate a satellite facility unless the voters of thecounty in which the satellite facility will be located approve theoperation of the satellite facility in the county.
(f) For a local public question required to be held undersubsection (e), the county election board shall place the followingquestion on the ballot in the county during the next general election:
"Shall satellite facilities at which pari-mutuel wagering occursbe allowed in _____________ County?".
(g) A public question under this section must be certified inaccordance with IC 3-10-9-3 and shall be placed on the ballot inaccordance with IC 3-10-9.
(h) The circuit court clerk of a county holding an election underthis chapter shall certify the results determined under IC 3-12-4-9 tothe commission and the department of state revenue.
(i) If a public question is placed on the ballot under subsection (d)or (f) in a county and the voters of the county do not vote in favor ofthe public question, a second public question under that subsectionmay not be held in the county for at least two (2) years. If the votersof the county vote to reject the public question a second time, a thirdor subsequent public question under that subsection may not be heldin the county until the general election held during the tenth yearfollowing the year of the previous public question held under thatsubsection.
As added by P.L.24-1996, SEC.6. Amended by P.L.3-1997, SEC.413.