CHAPTER 2. DEFINITIONS
IC 4-32.2-2
Chapter 2. Definitions
IC 4-32.2-2-1
Definitions
Sec. 1. The definitions in this chapter apply throughout thisarticle.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-2-2
"Allowable event"
Sec. 2. "Allowable event" means:
(1) a bingo event;
(2) a charity game night;
(3) a raffle;
(4) a door prize drawing;
(5) a festival;
(6) a sale of pull tabs, punchboards, or tip boards; or
(7) any other gambling event approved by the commissionunder this article;
conducted by a qualified organization in accordance with this articleand rules adopted by the commission under this article.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-2-3
"Bingo"
Sec. 3. "Bingo" means a game conducted in the following manner:
(1) Each participant receives at least one (1) card, board, pad,or piece of paper marked off into twenty-five (25) squares thatare arranged in five (5) vertical rows of five (5) squares each,with each row designated by a single letter, and each boxcontaining a number, from one (1) to seventy-five (75), exceptthe center box, which is always marked with the word "free".
(2) As the caller of the game announces a letter and numbercombination, each player covers the square corresponding to theannounced number, letter, or combination of numbers andletters.
(3) The winner of each game is the player who is the first toproperly cover a predetermined and announced pattern ofsquares upon the card used by the player.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-2-4
"Bingo event"
Sec. 4. "Bingo event" means an event at which bingo is conductedby an organization that holds a bingo license or a special bingolicense issued under this article.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-2-5
"Bona fide business organization"
Sec. 5. "Bona fide business organization" means a localorganization that is not for pecuniary profit and is exempt fromfederal income taxation under Section 501(c)(6) of the InternalRevenue Code.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-2-6
"Bona fide civic organization"
Sec. 6. "Bona fide civic organization" means a branch, lodge, orchapter of a national or state organization that is not for pecuniaryprofit or a local organization that is not for pecuniary profit and notaffiliated with a state or national organization whose writtenconstitution, charter, articles of incorporation, or bylaws provide thefollowing:
(1) That the organization is organized primarily for civic,fraternal, or charitable purposes.
(2) That upon dissolution of the organization all remainingassets of the organization revert to nonprofit civic or charitablepurposes.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-2-7
"Bona fide educational organization"
Sec. 7. "Bona fide educational organization" means anorganization that is not for pecuniary profit and that meets thefollowing criteria:
(1) The organization's primary purpose is educational in nature.
(2) The organization's constitution, articles, charter, or bylawscontain a clause that provides that upon dissolution allremaining assets shall be used for nonprofit educationalpurposes.
(3) The organization is designed to develop the capabilities ofindividuals by instruction in a public or private:
(A) pre-elementary educational development program;
(B) elementary or secondary school; or
(C) college or university.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007, SEC.4.
IC 4-32.2-2-7.5
"Bona fide fraternal organization"
Sec. 7.5. "Bona fide fraternal organization" means a type of bonafide civic organization that:
(1) is a branch, lodge, or chapter of a national organization; and
(2) exists for the common charitable purposes, brotherhood, andother interests of its members.
As added by P.L.108-2009, SEC.4.
IC 4-32.2-2-8
"Bona fide political organization"
Sec. 8. (a) "Bona fide political organization" means a partycommittee, association, fund, or other organization, whetherincorporated or not, organized and operated primarily for the purposeof directly or indirectly accepting contributions or makingexpenditures, or both, for an exempt function (as defined in Section527 of the Internal Revenue Code).
(b) Except as provided in subsection (c), the term does not includea candidate's committee (as defined in IC 3-5-2-7).
(c) For purposes of IC 4-32.2-4-8 and IC 4-32.2-4-18, the termincludes a candidate's committee (as defined in IC 3-5-2-7).
As added by P.L.91-2006, SEC.3.
IC 4-32.2-2-9
"Bona fide religious organization"
Sec. 9. "Bona fide religious organization" means an organization,a church, a body of communicants, or a group:
(1) organized primarily for religious purposes and not forpecuniary profit that provides to the commission writtenconfirmation that the entity is operating under Section 501 ofthe Internal Revenue Code or under the Section 501 nonprofitstatus of the entity's parent organization; and
(2) whose constitution, charter, articles, or bylaws contain aclause that provides that upon dissolution all remaining assetsshall be used for nonprofit religious purposes or shall revert tothe parent organization for nonprofit religious purposes.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-2-10
"Bona fide senior citizens organization"
Sec. 10. "Bona fide senior citizens organization" means anorganization that is not for pecuniary profit and that:
(1) consists of at least fifteen (15) members who are at leastsixty (60) years of age;
(2) is organized by the organization's constitution, charter,articles, or bylaws for the mutual support and advancement ofthe causes of elderly or retired persons; and
(3) provides in the organization's constitution, charter, articles,or bylaws that upon dissolution all remaining assets of theorganization shall be used for nonprofit purposes that willsupport or advance the causes of elderly or retired persons.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-2-11
"Bona fide veterans organization"
Sec. 11. "Bona fide veterans organization" means a localorganization or a branch, lodge, or chapter of a state or nationalorganization chartered by the Congress of the United States that is
not for pecuniary profit and that:
(1) consists of individuals who are or were members of thearmed forces of the United States;
(2) is organized for the mutual support and advancement of theorganization's membership and patriotic causes; and
(3) provides in the organization's constitution, charter, articles,or bylaws that upon dissolution all remaining assets of theorganization shall be used for nonprofit purposes that willsupport or advance patriotic causes.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-2-12
"Charity game night"
Sec. 12. (a) "Charity game night" means an event at which wagersare placed upon the following permitted games of chance through theuse of imitation money:
(1) A card game approved by the commission.
(2) A dice game approved by the commission.
(3) A roulette wheel approved by the commission.
(4) A spindle approved by the commission.
(b) The term does not include an event at which wagers are placedupon any of the following:
(1) Bookmaking.
(2) A slot machine.
(3) A one-ball machine or a variant of a one-ball machine.
(4) A pinball machine that awards anything other than animmediate and unrecorded right of replay.
(5) A policy or numbers game.
(6) A banking or percentage game played with cards orcounters, including the acceptance of a fixed share of the stakesin a game.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-2-13
"Commission"
Sec. 13. "Commission" means the Indiana gaming commissionestablished by IC 4-33-3-1.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-2-14
"Department"
Sec. 14. "Department" means the department of state revenue.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-2-15
"Door prize"
Sec. 15. "Door prize" means a prize awarded to a person basedsolely upon the person's paid attendance at a charity fundraisingevent or the purchase of a ticket to attend a charity fundraising event.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007, SEC.5.
IC 4-32.2-2-16
"Door prize drawing"
Sec. 16. "Door prize drawing" means a drawing to award a doorprize.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-2-17
"Door prize event"
Sec. 17. "Door prize event" means an event at which at least one(1) door prize drawing is conducted by an organization that holds adoor prize drawing license issued under this article.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-2-18
"Executive director"
Sec. 18. "Executive director" means the executive director of theIndiana gaming commission appointed under IC 4-33-3-18.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-2-18.5
"Full-time employee"
Sec. 18.5. "Full-time employee" means an individual who:
(1) is and has been employed by a particular qualifiedorganization for at least ninety (90) consecutive days as of thedate of the qualified organization's allowable event; and
(2) works at least an average of thirty-two (32) hours per weekor one thousand six hundred sixty-two (1,662) hours per yearfor the qualified organization in a capacity that is primarilyunrelated to the qualified organization's charity gamingoperations.
As added by P.L.227-2007, SEC.6.
IC 4-32.2-2-18.7
"Key person"
Sec. 18.7. "Key person" means any:
(1) officer;
(2) director;
(3) executive;
(4) employee;
(5) trustee;
(6) substantial owner;
(7) independent owner; or
(8) agent;
of a business entity that has the power to exercise management oroperating authority over the business entity or its affiliates.
As added by P.L.227-2007, SEC.7.
IC 4-32.2-2-19
"Licensed supply"
Sec. 19. "Licensed supply" refers to any of the following: (1) Bingo cards.
(2) Bingo boards.
(3) Bingo sheets.
(4) Bingo pads.
(5) Pull tabs.
(6) Punchboards.
(7) Tip boards.
(8) Any other supplies, devices, or equipment designed to beused in allowable events designated by rule of the commission.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-2-20
"Marketing sheet"
Sec. 20. "Marketing sheet" means additional informationpublished about a wagering game that describes winnings.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-2-20.5
"Member"
Sec. 20.5. "Member" means any of the following:
(1) An individual entitled to membership in a qualifiedorganization under the bylaws, articles of incorporation, charter,or rules of the qualified organization.
(2) A member of the qualified organization's auxiliary.
(3) In the case of a qualified organization that is a public ornonpublic school (as defined in IC 20-18-2-12), any of thefollowing:
(A) A parent of a child enrolled in the school.
(B) A member of the school's parent organization.
(C) A member of the school's alumni association.
(D) An employee of the school.
(E) An officer of the school.
(F) A student enrolled in the school.
(4) A member of a qualified organization's board of directors orboard of trustees.
As added by P.L.91-2006, SEC.3. Amended by P.L.1-2007, SEC.20;P.L.227-2007, SEC.8.
IC 4-32.2-2-21
"Operator"
Sec. 21. "Operator" means an individual who is:
(1) designated under IC 4-32.2-5-1.5 to serve as the operator foran allowable event; and
(2) responsible for conducting an allowable event for aqualified organization under this article in accordance withIndiana law.
As added by P.L.91-2006, SEC.3. Amended by P.L.95-2008, SEC.3.
IC 4-32.2-2-21.5
"PPT license" Sec. 21.5. "PPT license" refers to a license issued to a qualifiedorganization under IC 4-32.2-4-16.5.
As added by P.L.227-2007, SEC.9.
IC 4-32.2-2-22
"Pull tab"
Sec. 22. "Pull tab" means either of the following:
(1) A game conducted in the following manner:
(A) A single folded or banded ticket or a two-ply card withperforated break-open tabs is bought by a player from aqualified organization.
(B) The face of each card is initially covered or otherwisehidden from view, concealing a number, letter, symbol, orset of letters or symbols.
(C) In each set of tickets or cards, a designated number oftickets or cards have been randomly designated in advanceas winners.
(D) Winners, or potential winners if the game includes theuse of a seal, are determined by revealing the faces of thetickets or cards. The player may be required to sign theplayer's name on numbered lines provided if a seal is used.
(E) The player with a winning pull tab ticket or numberedline receives the prize stated on the flare from the qualifiedorganization. The prize must be fully and clearly describedon the flare.
(2) Any game played in a similar fashion as a game describedin subdivision (1) that is approved by the commission.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-2-23
"Punchboard"
Sec. 23. "Punchboard" means a card or board that contains a gridor section that hides the random opportunity to win a prize based onthe results of punching a single section to reveal a symbol or prizeamount.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-2-23.5
"Qualified drawing"
Sec. 23.5. "Qualified drawing" means a random drawing to awardone (1) or more prizes that is conducted in the manner required byIC 4-32.2-5-26.
As added by P.L.108-2009, SEC.5.
IC 4-32.2-2-24
"Qualified organization"
Sec. 24. (a) "Qualified organization" refers to any of thefollowing:
(1) A bona fide religious, educational, senior citizens, veterans,or civic organization operating in Indiana that: (A) operates without profit to the organization's members;
(B) is exempt from taxation under Section 501 of theInternal Revenue Code; and
(C) satisfies at least one (1) of the following requirements:
(i) The organization has been continuously in existence inIndiana for at least five (5) years.
(ii) The organization is affiliated with a parentorganization that has been in existence in Indiana for atleast five (5) years.
(iii) The organization has reorganized and is continuing itsmission under a new name on file with the Indianasecretary of state and with a new tax identification numberafter having satisfied the requirements set forth in eitheritem (i) or (ii).
(2) A bona fide political organization operating in Indiana thatproduces exempt function income (as defined in Section 527 ofthe Internal Revenue Code).
(3) A state educational institution (as defined in IC 21-7-13-32).
(b) For purposes of IC 4-32.2-4-3, a "qualified organization"includes the following:
(1) A hospital licensed under IC 16-21.
(2) A health facility licensed under IC 16-28.
(3) A psychiatric facility licensed under IC 12-25.
(4) An organization defined in subsection (a).
(c) For purposes of IC 4-32.2-4-10, a "qualified organization"includes a bona fide business organization.
(d) Evidence that an organization satisfies subsection(a)(1)(C)(iii) includes:
(1) evidence of the organization's continued use of a servicemark or trademarked logo associated with the organization'sformer name;
(2) evidence of the continuity of the organization's activities asshown in the federal income tax returns filed for theorganization's five (5) most recent taxable years;
(3) evidence of the continuity of the organization's activities asshown by the five (5) most recent annual external financialreviews of the organization prepared by a certified publicaccountant; or
(4) any other information considered sufficient by thecommission.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,SEC.10; P.L.108-2009, SEC.6.
IC 4-32.2-2-25
"Qualified recipient"
Sec. 25. "Qualified recipient" means:
(1) a hospital or medical center operated by the federalgovernment;
(2) a hospital licensed under IC 16-21;
(3) a hospital subject to IC 16-22; (4) a hospital subject to IC 16-23;
(5) a health facility licensed under IC 16-28;
(6) a psychiatric facility licensed under IC 12-25;
(7) an organization described in section 24(a) of this chapter;
(8) an activity or a program of a local law enforcement agencyintended to reduce substance abuse;
(9) a charitable activity of a local law enforcement agency; or
(10) a veterans' home.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-2-26
"Raffle"
Sec. 26. "Raffle" means the selling of tickets or chances to win aprize awarded through a random drawing.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-2-27
"Raffle event"
Sec. 27. "Raffle event" means an event at which at least one (1)raffle is conducted by an organization that holds a raffle licenseissued under this article.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-2-27.5
"Substantial owner"
Sec. 27.5. "Substantial owner" means:
(1) a person holding at least a five percent (5%) ownershipinterest; or
(2) an institutional investor holding at least a fifteen percent(15%) ownership interest;
in a business entity.
As added by P.L.227-2007, SEC.11.
IC 4-32.2-2-28
"Tip board"
Sec. 28. "Tip board" means a board, a placard, or other device thatis marked off in a grid or columns, with each section containing ahidden number or numbers or other symbols that determine a winner.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-2-29
"Veterans' home"
Sec. 29. "Veterans' home" means any of the following:
(1) The Indiana Veterans' Home.
(2) The VFW National Home for Children.
(3) The Indiana Soldiers' and Sailors' Children's Home.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-2-30
"Worker" Sec. 30. Except as provided in IC 4-32.2-5-14(b), "worker" meansan individual who helps or participates in any manner in conductingor assisting in conducting an allowable event under this article.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,SEC.12; P.L.95-2008, SEC.4.