CHAPTER 4. CHARITY GAMING LICENSES
IC 4-32.2-4
Chapter 4. Charity Gaming Licenses
IC 4-32.2-4-1
Authorized activities
Sec. 1. A qualified organization may conduct the followingactivities in accordance with this article:
(1) A bingo event.
(2) A charity game night.
(3) A raffle event.
(4) A door prize event.
(5) A festival.
(6) The sale of pull tabs, punchboards, and tip boards.
(7) Any other gambling event approved by the commission.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-4-2
License requirement
Sec. 2. Except as provided in section 3 of this chapter, a qualifiedorganization must obtain a license under this chapter to conduct anallowable event.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-4-2.5
Limitations on issuance
Sec. 2.5. The commission may deny a license to an organizationif the commission determines that at least one (1) of the followingapplies with respect to the organization:
(1) The organization has:
(A) violated a local ordinance, a state or federal statute, oran administrative rule or regulation and the violation wouldcause the commission to determine that the applicant, a keyperson, or a substantial owner of the applicant is not of goodmoral character or reputation; or
(B) committed any other act that would negatively affect theintegrity of charity gaming in Indiana.
(2) The organization has engaged in fraud, deceit, ormisrepresentation.
(3) The organization has failed to provide information requiredby this article or a rule adopted under this article.
(4) The organization has failed to provide sufficient informationto enable the commission to determine that the organization isa qualified organization.
As added by P.L.227-2007, SEC.16.
IC 4-32.2-4-3
Exceptions to license requirement; notice requirement; recordkeeping
Sec. 3. (a) A qualified organization is not required to obtain alicense from the commission if the value of all prizes awarded at the
bingo event, charity game night, raffle event, door prize event,festival event, or other event licensed under section 16 of thischapter, including prizes from pull tabs, punchboards, and tip boards,does not exceed one thousand dollars ($1,000) for a single event andnot more than three thousand dollars ($3,000) during a calendar year.
(b) A qualified organization that plans to hold an allowable eventdescribed in subsection (a) more than one (1) time a year shall sendan annual written notice to the commission informing thecommission of the following:
(1) The estimated frequency of the planned allowable events.
(2) The location or locations where the qualified organizationplans to hold the allowable events.
(3) The estimated value of all prizes awarded at each allowableevent.
(c) The notice required under subsection (b) must be filed beforethe earlier of the following:
(1) March 1 of each year.
(2) One (1) week before the qualified organization holds thefirst allowable event of the year.
(d) A qualified organization that conducts an allowable eventdescribed in subsection (a) shall maintain accurate records of allfinancial transactions of the event. The commission may inspectrecords kept in compliance with this section.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,SEC.17.
IC 4-32.2-4-4
License applications
Sec. 4. (a) Each organization applying for a bingo license, aspecial bingo license, a charity game night license, a raffle license,a door prize drawing license, a festival license, or a license toconduct any other gambling event approved by the commission mustsubmit to the commission a written application on a form prescribedby the commission.
(b) Except as provided in subsection (c), the application mustinclude the information that the commission requires, including thefollowing:
(1) The name and address of the organization.
(2) The names and addresses of the officers of the organization.
(3) The type of event the organization proposes to conduct.
(4) The location where the organization will conduct theallowable event.
(5) The dates and times for the proposed allowable event.
(6) Sufficient facts relating to the organization or theorganization's incorporation or founding to enable thecommission to determine whether the organization is a qualifiedorganization.
(7) The name of each proposed operator and sufficient factsrelating to the proposed operator to enable the commission todetermine whether the proposed operator is qualified to serve
as an operator.
(8) A sworn statement signed by the presiding officer andsecretary of the organization attesting to the eligibility of theorganization for a license, including the nonprofit character ofthe organization.
(9) Any other information considered necessary by thecommission.
(c) This subsection applies only to a qualified organization thatconducts only one (1) allowable event in a calendar year. Thecommission may not require the inclusion in the qualifiedorganization's application of the Social Security numbers of theworkers who will participate in the qualified organization's proposedallowable event. A qualified organization that files an applicationdescribed in this subsection must attach to the application a swornstatement signed by the presiding officer and secretary of theorganization attesting that:
(1) the workers who will participate in the qualifiedorganization's proposed allowable event are eligible toparticipate under this article; and
(2) the organization has not conducted any other allowableevents in the calendar year.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-4-5
Issuance of license; hearings authorized; protest procedures;reissuance
Sec. 5. (a) The commission may issue a bingo license to aqualified organization if:
(1) the provisions of this section are satisfied; and
(2) the qualified organization:
(A) submits an application; and
(B) pays a fee set by the commission under IC 4-32.2-6.
(b) The commission may hold a public hearing to obtain input onthe proposed issuance of an annual bingo license to an applicant thathas never held an annual bingo license under this article.
(c) The first time that a qualified organization applies for anannual bingo license, the qualified organization shall publish noticethat the application has been filed by publication at least two (2)times, seven (7) days apart, as follows:
(1) In one (1) newspaper in the county where the qualifiedorganization is located.
(2) In one (1) newspaper in the county where the allowableevent will be conducted.
(d) The notification required by subsection (c) must contain thefollowing:
(1) The name of the qualified organization and the fact that ithas applied for an annual bingo license.
(2) The location where the bingo events will be held.
(3) The names of the operator and officers of the qualifiedorganization. (4) A statement that any person can protest the proposedissuance of the annual bingo license.
(5) A statement that the commission shall hold a public hearingif ten (10) written and signed protest letters are received by thecommission.
(6) The address of the commission where correspondenceconcerning the application may be sent.
(e) If the commission receives at least ten (10) protest letters, thecommission shall hold a public hearing in accordance withIC 5-14-1.5. The commission shall issue a license or deny theapplication not later than sixty (60) days after the date of the publichearing.
(f) A license issued under this section:
(1) may authorize the qualified organization to conduct bingoevents on more than one (1) occasion during a period of one (1)year;
(2) must state the locations of the permitted bingo events;
(3) must state the expiration date of the license; and
(4) may be reissued annually upon the submission of anapplication for reissuance on the form established by thecommission and upon the licensee's payment of a fee set by thecommission.
(g) Notwithstanding subsection (f)(4), the commission may holda public hearing for the reissuance of an annual bingo license if atleast one (1) of the following conditions is met:
(1) An applicant has been cited for a violation of law or a ruleof the commission.
(2) The commission receives at least ten (10) protest lettersconcerning the qualified organization's bingo operation.
(3) A public hearing is considered necessary by thecommission.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,SEC.18.
IC 4-32.2-4-6
Special bingo license
Sec. 6. The commission may issue a special bingo license to aqualified organization upon the organization's submission of anapplication and payment of a fee determined under IC 4-32.2-6. Thelicense must:
(1) authorize the qualified organization to conduct a bingo eventat only one (1) time and location; and
(2) state the date, beginning and ending times, and location ofthe authorized bingo event.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-4-7
Charity game night license
Sec. 7. The commission may issue a charity game night license toa qualified organization upon the organization's submission of an
application and payment of a fee determined under IC 4-32.2-6. Thelicense must:
(1) authorize the qualified organization to conduct a charitygame night at only one (1) time and location; and
(2) state the date, beginning and ending times, and location ofthe charity game night.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-4-7.5
Annual charity game night license
Sec. 7.5. (a) This section applies only to a qualified organizationdescribed in subsection (h). The commission may issue an annualcharity game night license to a qualified organization if:
(1) the provisions of this section are satisfied; and
(2) the qualified organization:
(A) submits an application; and
(B) pays a fee set by the commission under IC 4-32.2-6.
(b) The commission may hold a public hearing to obtain input onthe proposed issuance of an annual charity game night license to anapplicant that has never held an annual charity game night licenseunder this article.
(c) The first time that a qualified organization applies for anannual charity game night license, the qualified organization shallpublish notice that the application has been filed by publication atleast two (2) times, seven (7) days apart, as follows:
(1) In one (1) newspaper in the county where the qualifiedorganization is located.
(2) In one (1) newspaper in the county where the allowableevents will be conducted.
(d) The notification required by subsection (c) must contain thefollowing:
(1) The name of the qualified organization and the fact that ithas applied for an annual charity game night license.
(2) The location where the charity game night events will beheld.
(3) The names of the operator and officers of the qualifiedorganization.
(4) A statement that any person can protest the proposedissuance of the annual charity game night license.
(5) A statement that the commission shall hold a public hearingif ten (10) written and signed protest letters are received by thecommission.
(6) The address of the commission where correspondenceconcerning the application may be sent.
(e) If the commission receives at least ten (10) protest letters, thecommission shall hold a public hearing in accordance withIC 5-14-1.5. The commission shall issue a license or deny theapplication not later than sixty (60) days after the date of the publichearing.
(f) A license issued under this section: (1) may authorize the qualified organization to conduct charitygame night events on more than one (1) occasion during aperiod of one (1) year;
(2) must state the locations of the permitted charity game nightevents;
(3) must state the expiration date of the license; and
(4) may be reissued annually upon the submission of anapplication for reissuance on the form established by thecommission and upon the licensee's payment of a fee set by thecommission.
(g) Notwithstanding subsection (f)(4), the commission may holda public hearing for the reissuance of an annual charity game nightlicense if at least one (1) of the following conditions is met:
(1) An applicant has been cited for a violation of law or a ruleof the commission.
(2) The commission receives at least ten (10) protest lettersconcerning the qualified organization's charity game nightoperation.
(3) A public hearing is considered necessary by thecommission.
(h) A qualified organization may apply for an annual charity gamenight license under this section if the qualified organization is:
(1) a bona fide fraternal organization; or
(2) a bona fide veterans organization;
that has been continuously in existence in Indiana for ten (10) years.
(i) A facility or location may not be used for purposes ofconducting an annual charity game night event on more than three (3)calendar days per calendar week regardless of the number ofqualified organizations conducting an annual charity game nightevent at the facility or location.
As added by P.L.227-2007, SEC.19. Amended by P.L.108-2009,SEC.7.
IC 4-32.2-4-8
Raffle license
Sec. 8. The commission may issue a raffle license to a qualifiedorganization upon the organization's submission of an applicationand payment of a fee determined under IC 4-32.2-6. The licensemust:
(1) authorize the qualified organization to conduct a raffle eventat only one (1) time and location; and
(2) state the date, beginning and ending times, and location ofthe raffle event.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,SEC.20.
IC 4-32.2-4-9
Annual raffle license
Sec. 9. (a) The commission may issue an annual raffle license toa qualified organization if: (1) the provisions of this section are satisfied; and
(2) the qualified organization:
(A) submits an application; and
(B) pays a fee set by the commission under IC 4-32.2-6.
(b) The application for an annual raffle prize license must containthe following:
(1) The name of the qualified organization.
(2) The location where the raffle events will be held.
(3) The names of the operator and officers of the qualifiedorganization.
(c) A license issued under this section:
(1) must authorize the qualified organization to conduct raffleevents at any time during a period of one (1) year;
(2) must state the locations of the permitted raffle events;
(3) must state the expiration date of the license; and
(4) may be reissued annually upon the submission of anapplication for reissuance on the form established by thecommission and upon the licensee's payment of a fee set by thecommission.
(d) A license issued under this section is not required for rafflespermitted under section 13 of this chapter at events held under abingo license, a special bingo license, a charity game night license,a door prize license, or an annual door prize license.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,SEC.21; P.L.95-2008, SEC.6.
IC 4-32.2-4-10
Door prize license
Sec. 10. The commission may issue a door prize license to aqualified organization upon the organization's submission of anapplication and payment of a fee determined under IC 4-32.2-6. Thelicense must:
(1) authorize the qualified organization to conduct a door prizeevent at only one (1) time and location; and
(2) state the date, beginning and ending times, and location ofthe door prize event.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,SEC.22.
IC 4-32.2-4-11
Annual door prize license
Sec. 11. (a) The commission may issue an annual door prizelicense to a qualified organization if:
(1) the provisions of this section are satisfied; and
(2) the qualified organization:
(A) submits an application; and
(B) pays a fee set by the commission under IC 4-32.2-6.
(b) The application for an annual door prize license must containthe following:
(1) The name of the qualified organization. (2) The location where the door prize events will be held.
(3) The names of the operator and officers of the qualifiedorganization.
(c) A license issued under this section:
(1) may authorize the qualified organization to conduct doorprize events on more than one (1) occasion during a period ofone (1) year;
(2) must state the locations of the permitted door prize events;
(3) must state the expiration date of the license; and
(4) may be reissued annually upon the submission of anapplication for reissuance on the form established by thecommission and upon the licensee's payment of a fee set by thecommission.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,SEC.23.
IC 4-32.2-4-12
Festival license
Sec. 12. (a) The commission may issue a festival license to aqualified organization upon the organization's submission of anapplication and payment of a fee determined under IC 4-32.2-6. Thelicense must authorize the qualified organization to conduct bingoevents, charity game nights, raffle events, gambling events licensedunder section 16 of this chapter, and door prize events and to sell pulltabs, punchboards, and tip boards. The license must state the locationand the dates, not exceeding four (4) consecutive days, on whichthese activities may be conducted.
(b) Except as provided in IC 4-32.2-5-6(c), a qualifiedorganization may not conduct more than one (1) festival each year.
(c) The raffle event authorized by a festival license is not subjectto the prize limits set forth in this chapter. Bingo events, charitygame nights, and door prize events conducted at a festival are subjectto the prize limits set forth in this chapter.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,SEC.24.
IC 4-32.2-4-13
Additional activities authorized
Sec. 13. (a) A bingo license or special bingo license may alsoauthorize a qualified organization to conduct raffle events and doorprize drawings and sell pull tabs, punchboards, and tip boards at thebingo event.
(b) A charity game night license may also authorize a qualifiedorganization to:
(1) conduct raffle events and door prize drawings; and
(2) sell pull tabs, punchboards, and tip boards;
at the charity game night.
(c) A raffle license or an annual raffle license may also authorizea qualified organization to conduct door prize drawings and sell pulltabs, punchboards, and tip boards at the raffle event. (d) A door prize license or an annual door prize license may alsoauthorize a qualified organization to conduct a raffle event and to sellpull tabs, punchboards, and tip boards at the door prize event.
(e) A PPT license may also authorize a qualified organization toconduct on the premises described in section 16.5(b) of this chapterwinner take all drawings and other qualified drawings in the mannerrequired by IC 4-32.2-5-26.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,SEC.25; P.L.95-2008, SEC.7; P.L.108-2009, SEC.8.
IC 4-32.2-4-14
Multiple licenses
Sec. 14. A qualified organization may hold more than one (1)license at a time.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,SEC.26.
IC 4-32.2-4-15
Prohibition on limiting the number of organizations licensed
Sec. 15. The commission may not limit the number of qualifiedorganizations licensed under this article.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-4-16
Other events authorized; conditions
Sec. 16. (a) This section applies to a gambling event that isdescribed in neither:
(1) section 1(1) through 1(6) of this chapter; nor
(2) IC 4-32.2-2-12(b).
(b) The commission may issue a single event license or an annualevent license to conduct a gambling event approved by thecommission to a qualified organization upon the organization'ssubmission of an application and payment of a fee determined underIC 4-32.2-6.
(c) A single event license must:
(1) authorize the qualified organization to conduct the gamblingevent at only one (1) time and location; and
(2) state the date, beginning and ending times, and location ofthe gambling event.
(d) An annual event license:
(1) must authorize the qualified organization to conduct theevents on more than one (1) occasion during a period of one (1)year;
(2) must state the locations of the permitted events;
(3) must state the expiration date of the license; and
(4) may be reissued annually upon the submission of anapplication for reissuance on the form established by thecommission and upon the licensee's payment of a fee set by thecommission.
(e) The commission may impose any condition upon a qualified
organization that is issued a license to conduct a gambling eventunder this section.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,SEC.27.
IC 4-32.2-4-16.5
Annual PPT license
Sec. 16.5. (a) The commission may issue an annual PPT licenseto a qualified organization upon the organization's submission of anapplication and payment of a fee determined under IC 4-32.2-6.
(b) A license issued under this section authorizes a qualifiedorganization to sell pull tabs, punchboards, and tip boards at any timeon the premises owned or leased by the qualified organization andregularly used for the activities of the qualified organization.
(c) A license issued under this section is not required for the saleof pull tabs, punchboards, and tip boards at another allowable eventas permitted under section 13 of this chapter.
(d) The application for an annual PPT license must contain thefollowing:
(1) The name of the qualified organization.
(2) The location where the qualified organization will sell pulltabs, punchboards, and tip boards.
(3) The names of the operator and the officers of the qualifiedorganization.
As added by P.L.227-2007, SEC.28.
IC 4-32.2-4-17
Worker Social Security numbers
Sec. 17. A qualified organization described in section 4(c) of thischapter may not require an individual who wishes to participate inthe qualified organization's allowable event as a worker to submit theindividual's Social Security number to the qualified organization.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-4-18
Candidates' committees authorized to obtain raffle licenses andconduct door prize drawings at raffle events
Sec. 18. (a) With respect to any action authorized by this section,a candidate's committee (as defined in IC 3-5-2-7) is considered abona fide political organization.
(b) A candidate's committee may apply for a license under section8 of this chapter to conduct a raffle event. A candidate's committeemay also conduct a door prize drawing at the raffle event but isprohibited from conducting any other kind of allowable event.
(c) The following are subject to this chapter and IC 4-32.2-6:
(1) A candidate's committee that applies for a license undersection 8 of this chapter.
(2) A raffle event or door prize drawing conducted by acandidate's committee.
(d) The members of a candidate's committee may conduct an
event under this section without meeting the requirements of thisarticle concerning the membership of a qualified organization. Acandidate's committee licensed under this section must remain ingood standing with the election division or the county election boardhaving jurisdiction over the committee.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,SEC.29.