CHAPTER 4. LICENSING
IC 4-36-4
Chapter 4. Licensing
IC 4-36-4-1
Retailer's endorsement
Sec. 1. (a) Subject to section 13 of this chapter, the commissionshall issue a retailer's endorsement to an applicant that satisfies therequirements of this article. A retailer's endorsement allows theretailer to conduct type II gaming at only the tavern specified in theretailer's application under section 3(b)(2) of this chapter. Anapplicant must obtain a separate retailer's endorsement for eachtavern at which the applicant wishes to conduct type II gaming.
(b) The commission shall affix an endorsement issued under thischapter to the retailer's alcoholic beverage permit that authorizes theretailer to sell alcoholic beverages at the tavern specified in theretailer's application under section 3(b)(2) of this chapter. Anendorsement issued under this chapter is valid for one (1) year.
As added by P.L.95-2008, SEC.13.
IC 4-36-4-2
Qualifications to apply for a retailer's endorsement
Sec. 2. (a) To qualify for a retailer's endorsement, a person mustoperate a tavern licensed under IC 7.1-3 to sell alcoholic beveragesto customers for consumption on the premises of the tavern.
(b) The following may not apply for a retailer's endorsementunder this article:
(1) A person holding a horse track permit under IC 7.1-3-17.7.
(2) A licensed owner of a riverboat licensed under IC 4-33.
(3) An operating agent who operates a riverboat in a historichotel district under IC 4-33.
(4) A qualified organization (as defined in IC 4-32.2-2-24).
(5) An organization that is eligible to apply for a charity gaminglicense under IC 4-32.2.
(6) A person holding a gambling game license issued underIC 4-35-5.
(7) A person holding a permit issued under IC 7.1-3 for alicensed premises that is not a tavern, including holders of thefollowing:
(A) A boat permit.
(B) A hotel permit.
(C) A fraternal club permit.
(D) A resort hotel permit.
(E) An airport permit.
(F) A satellite facility permit.
(G) A microbrewery permit.
(H) A social club permit.
(I) A civic center permit.
(J) A catering hall permit.
(K) A dining car permit.
(L) A temporary event permit. (M) A permit for any of the following facilities:
(i) A stadium.
(ii) An automobile race track.
(iii) A concert hall.
As added by P.L.95-2008, SEC.13.
IC 4-36-4-3
Application
Sec. 3. (a) To obtain a retailer's endorsement, a person mustsubmit an application form to the commission.
(b) An application submitted under this section must include atleast the following:
(1) The name and address of the applicant and of any personholding at least a ten percent (10%) interest in the applicant.
(2) The name and address of the tavern for which the applicantseeks a retailer's endorsement.
(3) The applicant's consent to credit investigations and criminalrecord searches.
(4) Waivers and releases signed by the applicant that thecommission believes are necessary to ensure a full andcomplete review of the application.
(c) An applicant must furnish all information requested by thecommission, including financial data and documents, certifications,consents, waivers, and individual histories.
(d) The commission shall review the applications for a retailer'sendorsement under this chapter and shall inform each applicant ofthe commission's decision concerning the issuance of a retailer'sendorsement.
As added by P.L.95-2008, SEC.13.
IC 4-36-4-4
Investigative costs
Sec. 4. The costs of investigating an applicant for a retailer'sendorsement under this chapter shall be paid from the initialendorsement fee paid by the applicant under section 5 of this chapter.
As added by P.L.95-2008, SEC.13.
IC 4-36-4-5
Initial fees; renewal fees
Sec. 5. (a) The commission shall charge the following fees for theissuance of a person's initial annual endorsement or license underthis chapter:
(1) Two hundred fifty dollars ($250) for a retailer'sendorsement to conduct a type II gambling operation in theretailer's tavern.
(2) One thousand dollars ($1,000) for a distributor's license.
(3) One thousand five hundred dollars ($1,500) for amanufacturer's license.
(b) The commission shall charge the following fees for therenewal of a person's annual endorsement or license under this
chapter:
(1) The following amounts for a retailer's endorsement:
(A) One hundred dollars ($100) in the case of a retailer thathad adjusted gross revenues of less than twenty-fivethousand dollars ($25,000) in the previous year.
(B) Two hundred fifty dollars ($250) in the case of a retailerthat had adjusted gross revenues of at least twenty-fivethousand dollars ($25,000) but less than fifty thousanddollars ($50,000) in the previous year.
(C) Five hundred dollars ($500) in the case of a retailer thathad adjusted gross revenues of at least fifty thousand dollars($50,000) but less than one hundred thousand dollars($100,000) in the previous year.
(D) One thousand dollars ($1,000) in the case of a retailerthat had adjusted gross revenues of at least one hundredthousand dollars ($100,000) in the previous year.
(2) One thousand dollars ($1,000) for a distributor's license.
(3) One thousand five hundred dollars ($1,500) for amanufacturer's license.
(c) A retailer shall report the amount of the retailer's adjustedgross receipts on the form required to renew the retailer'sendorsement. The renewal fee required under subsection (b)(1) mustbe submitted with the renewal form.
(d) The commission shall deposit all fees collected under thischapter into the enforcement and administration fund establishedunder IC 7.1-4-10.
As added by P.L.95-2008, SEC.13. Amended by P.L.108-2009,SEC.16.
IC 4-36-4-6
Determination of adjusted gross revenue
Sec. 6. (a) For the purposes of section 5(b)(1) of this chapter, aretailer's adjusted gross revenue is an amount equal to the differencebetween:
(1) the retailer's total gross revenue from the retailer's type IIgambling operations in the preceding year; minus
(2) the sum of any amounts deducted under subsection (b) in thepreceding year.
(b) To determine the amount of a retailer's adjusted gross revenuefrom the retailer's type II gambling operations in the preceding yearunder subsection (a), the retailer shall subtract the following from theretailer's gross receipts:
(1) An amount equal to the total value of the prizes awarded intype II gambling games in the preceding year.
(2) The sum of the purchase prices paid for type II gamblinggames dispensed in the retailer's type II gambling operation inthe preceding year.
(3) An amount equal to the amount of license fees paid by theretailer in the preceding year.
As added by P.L.95-2008, SEC.13. Amended by P.L.108-2009,
SEC.17.
IC 4-36-4-7
Authority to issue a distributor's license
Sec. 7. The commission may issue a distributor's license to anapplicant who meets the requirements of this article.
As added by P.L.95-2008, SEC.13.
IC 4-36-4-8
Authority to issue a manufacturer's license
Sec. 8. The commission may issue a manufacturer's license to anapplicant who meets the requirements of this article.
As added by P.L.95-2008, SEC.13.
IC 4-36-4-9
Applications for distributor's license or a manufacturer's license
Sec. 9. (a) To obtain a distributor's license or a manufacturer'slicense, a person must submit an application to the commission on aform prescribed by the commission. An applicant shall furnish allinformation required by the commission.
(b) To qualify for a distributor's license or a manufacturer'slicense under this chapter, a person must also be a licenseddistributor or manufacturer under IC 4-32.2.
As added by P.L.95-2008, SEC.13.
IC 4-36-4-10
Background investigations
Sec. 10. The commission shall conduct or cause to be conducteda background investigation of each applicant for an endorsement orlicense issued under this chapter.
As added by P.L.95-2008, SEC.13.
IC 4-36-4-11
Criminal history records
Sec. 11. Criminal history record information obtained during theinvestigation of an individual must be maintained by the commissionfor the term of the endorsement or license and for any subsequentlicense term.
As added by P.L.95-2008, SEC.13.
IC 4-36-4-12
Authority to require applications to be sworn or affirmed beforea notary public
Sec. 12. The commission may require that an application or otherdocument submitted by an applicant or a licensee must be sworn toor affirmed before a notary public.
As added by P.L.95-2008, SEC.13.
IC 4-36-4-13
Restrictions on the issuance of endorsements or licenses Sec. 13. The commission may not issue an endorsement or alicense to an applicant if any of the following apply:
(1) The applicant has knowingly made a false statement ofmaterial fact to the commission.
(2) The applicant is found by the commission to lack thenecessary financial stability or responsibility for holding anendorsement or license issued under this chapter.
(3) The applicant, if an individual, is less than twenty-one (21)years of age on the date on which the application is received bythe commission.
(4) The applicant is on the most recent tax warrant list.
(5) The applicant, if an individual, has been convicted of orentered a plea of guilty or nolo contendere to a felony withinthe ten (10) years preceding the date of the endorsement orlicense application, unless the commission determines that:
(A) the individual has been pardoned or the individual's civilrights have been restored;
(B) after the conviction or entry of the plea, the individualhas engaged in the kind of law abiding commerce and goodcitizenship that would reflect well upon the integrity of thecommission; or
(C) the individual has terminated a relationship with aperson whose actions directly contributed to the convictionor entry of the plea.
(6) The applicant fails to provide all materials requested by thecommission.
As added by P.L.95-2008, SEC.13.
IC 4-36-4-14
Confidentiality of credit and security information
Sec. 14. Credit and security investigation information submittedin connection with an application for an endorsement or a licenseunder this article is confidential and may not be disclosed except forofficial purposes under this article or under a judicial order.
As added by P.L.95-2008, SEC.13.
IC 4-36-4-15
Written approval required to transfer an endorsement or license
Sec. 15. An endorsement or a license issued under this article maynot be transferred without prior written approval of the commission.
As added by P.L.95-2008, SEC.13.
IC 4-36-4-16
Operations under a pending revocation of an endorsement orlicense
Sec. 16. If the commission proposes to revoke an endorsement ora license issued under this chapter, the licensee may continue tooperate under the endorsement or license until the commission hasmade a decision and all administrative appeals have been exhaustedby the licensee.As added by P.L.95-2008, SEC.13.