Iowa Statewide Rule
Iowa Requires County Referendum To License Casinos
Key Facts
- Regulator
- Iowa Racing and Gaming Commission
- License term
- Up to three years, renewable
- Referendum trigger
- Voter petition under Iowa Code 331.306
- Approval threshold
- Simple majority of county voters
- Re-vote lockout
- Eight calendar years after any referendum
- Two successive approvals
- Ends further referendum requirement for county
- Boat siting limit
- Within 1,000 feet of state high-water marks
Summary
Iowa Code 99F.7 gives the Iowa Racing and Gaming Commission sole authority to decide the number, location, and type of licensed gambling structures and excursion gambling boats statewide, but no license can be issued in a county until that county's voters approve gambling games in a referendum triggered by a valid section 331.306 petition to the board of supervisors. A rejected or approved vote locks the county out of another referendum for eight years.
11. a. A license to conduct gambling games in a county shall be issued only if the county electorate approves the conduct of the gambling games as provided in this subsection. The board of supervisors, upon receipt of a valid petition meeting the requirements of section 331.306... shall direct the commissioner of elections to submit to the registered voters of the county a proposition to approve or disapprove the conduct of gambling games in the county... If a majority of the county voters voting on the proposition favor the conduct of gambling games, the commission may issue one or more licenses as provided in this chapter. If a majority of the county voters voting on the proposition do not favor the conduct of gambling games, a license to conduct gambling games in the county shall not be issued... e. After a referendum has been held which approved or defeated a proposal to conduct gambling games as provided in this section, another referendum on a proposal to conduct gambling games shall not be held until the eighth calendar year thereafter.
Full Breakdown
Iowa doesn't let a city or county government zone a casino the way it zones a strip mall. 7(1) hands the Iowa Racing and Gaming Commission -- not local planning boards -- the sole authority to decide the number, location, and type of gambling structures and excursion gambling boats it licenses statewide, including a rule that excursion boats and moored barges may only operate on or within 1,000 feet of the high-water mark of a state river, lake, or reservoir. What local voters control is whether gambling is allowed in their county at all.
2(4)(a). A simple majority decides it either way. 7(11)(b) keeps that license valid and renewable for nine years from its original issue date or one year past the disapproving vote, whichever comes later -- the commission isn't required to shut the casino down overnight. 7(11)(c). 7(11)(d) exempts it from having to hold another vote at all. 7(11)(e) locks the county out of a repeat referendum -- win or lose -- for eight full calendar years. 7(16).
Violations & Penalties
Violating any condition in section 99F.7 triggers immediate license revocation by the commission -- there's no cure period (99F.7(16)). The commission also refuses to grant a license in the first place on documented grounds under 99F.7(8)-(9): a false statement to the commission, undisclosed ownership, a felony guilty plea or conviction, insufficient financial responsibility, or a prior suspension in another gambling jurisdiction. Licensees who fall delinquent on property taxes, other taxes or fees, or any contractual debt owed to a city or county -- including an excursion boat's required one-year-advance docking fee -- also risk their license under 99F.7(12)-(13).
Frequently Asked Questions
Does a city or county get to zone where a casino goes in Iowa?
What happens if county voters reject the casino referendum after a license is already operating?
How often can a county hold a new casino referendum?
Can a county ever stop holding gambling referendums altogether?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.