CHAPTER 19. LICENSE CONTROL DIVISION
IC 4-33-19
Chapter 19. License Control Division
IC 4-33-19-1
"Division"
Sec. 1. As used in this chapter, "division" means the licensecontrol division established by section 3 of this chapter.
As added by P.L.227-2007, SEC.47.
IC 4-33-19-2
"Licensed entity"
Sec. 2. As used in this chapter, "licensed entity" means a personholding:
(1) a charity gaming license issued under IC 4-32.2;
(2) a retail merchant's certificate issued under IC 6-2.5-8;
(3) a tobacco sales certificate issued under IC 7.1-3-18.5; or
(4) an alcoholic beverage permit issued under IC 7.1-3.
As added by P.L.227-2007, SEC.47.
IC 4-33-19-3
License control division established
Sec. 3. The license control division is established to conductadministrative enforcement actions against licensed entities engagedin unlawful gambling.
As added by P.L.227-2007, SEC.47.
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Authorized personnel
Sec. 4. The commission shall hire an administrative law judge,attorneys, and other personnel necessary to carry out the division'sduties under this chapter.
As added by P.L.227-2007, SEC.47.
IC 4-33-19-5
Division duties under charity gaming laws
Sec. 5. The division shall carry out the commission's duties underIC 4-32.2-8 and IC 4-32.2-9 with respect to any person that is:
(1) licensed under IC 4-32.2; and
(2) suspected of violating IC 35-45-5-3, IC 35-45-5-3.5, orIC 35-45-5-4.
As added by P.L.227-2007, SEC.47.
IC 4-33-19-6
Duty to conduct license revocation proceedings
Sec. 6. The division shall, on behalf of the department of staterevenue or the alcohol and tobacco commission, conduct a licenserevocation action against a licensed entity for any revocation actionauthorized by any of the following statutes:
(1) IC 6-2.5-8-7(g).
(2) IC 7.1-3-18.5. (3) IC 7.1-3-23-2(b).
(4) IC 7.1-3-23-5 with respect to a violation of IC 35-45-5-3,IC 35-45-5-3.5, or IC 35-45-5-4.
As added by P.L.227-2007, SEC.47. Amended by P.L.94-2008,SEC.1.
IC 4-33-19-7
Memorandum of understanding required
Sec. 7. (a) A memorandum of understanding between thecommission and:
(1) the department of state revenue in the case of an actioninvolving a person holding a retail merchant's certificate; or
(2) the alcohol and tobacco commission in the case of an actioninvolving a person holding a tobacco sales certificate or analcoholic beverage permit;
is required to authorize the division's actions under section 6 of thischapter.
(b) The agencies described in subsection (a) shall enter into thememorandum of understanding required by this section beforeJanuary 1, 2008.
As added by P.L.227-2007, SEC.47.
IC 4-33-19-8
Memorandum of understanding terms
Sec. 8. (a) A memorandum of understanding required by section7 of this chapter must describe the responsibilities of eachparticipating agency in coordinating the agencies' administrativeenforcement actions with respect to suspected violations ofIC 35-45-5-3, IC 35-45-5-3.5, and IC 35-45-5-4.
(b) Each party to the memorandum of understanding required bysection 7 of this chapter must agree to permit the license revocationactions subject to this chapter to be heard by an administrative lawjudge employed by the division.
(c) A memorandum of understanding required by section 7 of thischapter must set forth the administrative procedures applicable toeach revocation action conducted under this chapter.
As added by P.L.227-2007, SEC.47.
IC 4-33-19-9
Information concerning suspected criminal activity
Sec. 9. The division may refer any information concerningsuspected criminal activity discovered in carrying out the division'sduties under this chapter to the prosecuting attorney of the county inwhich the suspected criminal activity occurred.
As added by P.L.227-2007, SEC.47.
IC 4-33-19-10
Gaming control officers assigned to assist the division
Sec. 10. The commission shall assign gaming control officersemployed under IC 4-33-20 to assist the division in carrying out the
duties of this chapter.
As added by P.L.227-2007, SEC.47.