IC 4-32.2-2-1 Definitions
Sec. 1. The definitions in this chapter apply throughout this
article. 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 commission
under this article;
conducted by a qualified organization in accordance with this article
and 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 that
are arranged in five (5) vertical rows of five (5) squares each,
with each row designated by a single letter, and each box
containing a number, from one (1) to seventy-five (75), except
the center box, which is always marked with the word "free".
(2) As the caller of the game announces a letter and number
combination, each player covers the square corresponding to the
announced number, letter, or combination of numbers and
letters.
(3) The winner of each game is the player who is the first to
properly cover a predetermined and announced pattern of
squares 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 conducted
by an organization that holds a bingo license or a special bingo
license 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 local
organization that is not for pecuniary profit and is exempt from
federal income taxation under Section 501(c)(6) of the Internal
Revenue 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, or
chapter of a national or state organization that is not for pecuniary
profit or a local organization that is not for pecuniary profit and not
affiliated with a state or national organization whose written
constitution, charter, articles of incorporation, or bylaws provide the
following:
(1) That the organization is organized primarily for civic,
fraternal, or charitable purposes.
(2) That upon dissolution of the organization all remaining
assets of the organization revert to nonprofit civic or charitable
purposes. 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 an
organization that is not for pecuniary profit and that meets the
following criteria:
(1) The organization's primary purpose is educational in nature.
(2) The organization's constitution, articles, charter, or bylaws
contain a clause that provides that upon dissolution all
remaining assets shall be used for nonprofit educational
purposes.
(3) The organization is designed to develop the capabilities of
individuals 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 bona
fide civic organization that:
(1) is a branch, lodge, or chapter of a national organization; and
(2) exists for the common charitable purposes, brotherhood, and
other 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 party
committee, association, fund, or other organization, whether
incorporated or not, organized and operated primarily for the purpose
of directly or indirectly accepting contributions or making
expenditures, or both, for an exempt function (as defined in Section
527 of the Internal Revenue Code).
(b) Except as provided in subsection (c), the term does not include
a 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 term
includes 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 for
pecuniary profit that provides to the commission written
confirmation that the entity is operating under Section 501 of
the Internal Revenue Code or under the Section 501 nonprofit
status of the entity's parent organization; and
(2) whose constitution, charter, articles, or bylaws contain a
clause that provides that upon dissolution all remaining assets
shall be used for nonprofit religious purposes or shall revert to
the 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 an
organization that is not for pecuniary profit and that:
(1) consists of at least fifteen (15) members who are at least
sixty (60) years of age;
(2) is organized by the organization's constitution, charter,
articles, or bylaws for the mutual support and advancement of
the 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 the
organization shall be used for nonprofit purposes that will
support 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 local
organization or a branch, lodge, or chapter of a state or national
organization 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 the
armed forces of the United States;
(2) is organized for the mutual support and advancement of the
organization's membership and patriotic causes; and
(3) provides in the organization's constitution, charter, articles,
or bylaws that upon dissolution all remaining assets of the
organization shall be used for nonprofit purposes that will
support 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 wagers
are placed upon the following permitted games of chance through the
use 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 placed
upon 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 an
immediate and unrecorded right of replay.
(5) A policy or numbers game.
(6) A banking or percentage game played with cards or
counters, including the acceptance of a fixed share of the stakes
in 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 commission
established 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 based
solely upon the person's paid attendance at a charity fundraising
event 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 door
prize. 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 a
door 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 the
Indiana 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 qualified
organization for at least ninety (90) consecutive days as of the
date of the qualified organization's allowable event; and
(2) works at least an average of thirty-two (32) hours per week
or one thousand six hundred sixty-two (1,662) hours per year
for the qualified organization in a capacity that is primarily
unrelated to the qualified organization's charity gaming
operations. 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 or
operating 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 be
used 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 information
published 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 qualified
organization 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 or
nonpublic school (as defined in IC 20-18-2-12), any of the
following:
(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 or
board 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 for
an allowable event; and
(2) responsible for conducting an allowable event for a
qualified organization under this article in accordance with
Indiana 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 qualified
organization 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 with
perforated break-open tabs is bought by a player from a
qualified organization.
(B) The face of each card is initially covered or otherwise
hidden from view, concealing a number, letter, symbol, or
set of letters or symbols.
(C) In each set of tickets or cards, a designated number of
tickets or cards have been randomly designated in advance
as winners.
(D) Winners, or potential winners if the game includes the
use of a seal, are determined by revealing the faces of the
tickets or cards. The player may be required to sign the
player's name on numbered lines provided if a seal is used.
(E) The player with a winning pull tab ticket or numbered
line receives the prize stated on the flare from the qualified
organization. The prize must be fully and clearly described
on the flare.
(2) Any game played in a similar fashion as a game described
in 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 grid
or section that hides the random opportunity to win a prize based on
the results of punching a single section to reveal a symbol or prize
amount. 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 award
one (1) or more prizes that is conducted in the manner required by
IC 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 the
following:
(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 the
Internal Revenue Code; and
(C) satisfies at least one (1) of the following requirements:
(i) The organization has been continuously in existence in
Indiana for at least five (5) years.
(ii) The organization is affiliated with a parent
organization that has been in existence in Indiana for at
least five (5) years.
(iii) The organization has reorganized and is continuing its
mission under a new name on file with the Indiana
secretary of state and with a new tax identification number
after having satisfied the requirements set forth in either
item (i) or (ii).
(2) A bona fide political organization operating in Indiana that
produces exempt function income (as defined in Section 527 of
the 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 service
mark or trademarked logo associated with the organization's
former name;
(2) evidence of the continuity of the organization's activities as
shown in the federal income tax returns filed for the
organization's five (5) most recent taxable years;
(3) evidence of the continuity of the organization's activities as
shown by the five (5) most recent annual external financial
reviews of the organization prepared by a certified public
accountant; or
(4) any other information considered sufficient by the
commission. 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 federal
government;
(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 agency
intended 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 a
prize 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 license
issued 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%) ownership
interest; 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 that
is marked off in a grid or columns, with each section containing a
hidden 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" means
an individual who helps or participates in any manner in conducting
or 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.
IC 4-32.2-2-1 Definitions
Sec. 1. The definitions in this chapter apply throughout this
article. 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 commission
under this article;
conducted by a qualified organization in accordance with this article
and 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 that
are arranged in five (5) vertical rows of five (5) squares each,
with each row designated by a single letter, and each box
containing a number, from one (1) to seventy-five (75), except
the center box, which is always marked with the word "free".
(2) As the caller of the game announces a letter and number
combination, each player covers the square corresponding to the
announced number, letter, or combination of numbers and
letters.
(3) The winner of each game is the player who is the first to
properly cover a predetermined and announced pattern of
squares 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 conducted
by an organization that holds a bingo license or a special bingo
license 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 local
organization that is not for pecuniary profit and is exempt from
federal income taxation under Section 501(c)(6) of the Internal
Revenue 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, or
chapter of a national or state organization that is not for pecuniary
profit or a local organization that is not for pecuniary profit and not
affiliated with a state or national organization whose written
constitution, charter, articles of incorporation, or bylaws provide the
following:
(1) That the organization is organized primarily for civic,
fraternal, or charitable purposes.
(2) That upon dissolution of the organization all remaining
assets of the organization revert to nonprofit civic or charitable
purposes. 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 an
organization that is not for pecuniary profit and that meets the
following criteria:
(1) The organization's primary purpose is educational in nature.
(2) The organization's constitution, articles, charter, or bylaws
contain a clause that provides that upon dissolution all
remaining assets shall be used for nonprofit educational
purposes.
(3) The organization is designed to develop the capabilities of
individuals 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 bona
fide civic organization that:
(1) is a branch, lodge, or chapter of a national organization; and
(2) exists for the common charitable purposes, brotherhood, and
other 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 party
committee, association, fund, or other organization, whether
incorporated or not, organized and operated primarily for the purpose
of directly or indirectly accepting contributions or making
expenditures, or both, for an exempt function (as defined in Section
527 of the Internal Revenue Code).
(b) Except as provided in subsection (c), the term does not include
a 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 term
includes 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 for
pecuniary profit that provides to the commission written
confirmation that the entity is operating under Section 501 of
the Internal Revenue Code or under the Section 501 nonprofit
status of the entity's parent organization; and
(2) whose constitution, charter, articles, or bylaws contain a
clause that provides that upon dissolution all remaining assets
shall be used for nonprofit religious purposes or shall revert to
the 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 an
organization that is not for pecuniary profit and that:
(1) consists of at least fifteen (15) members who are at least
sixty (60) years of age;
(2) is organized by the organization's constitution, charter,
articles, or bylaws for the mutual support and advancement of
the 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 the
organization shall be used for nonprofit purposes that will
support 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 local
organization or a branch, lodge, or chapter of a state or national
organization 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 the
armed forces of the United States;
(2) is organized for the mutual support and advancement of the
organization's membership and patriotic causes; and
(3) provides in the organization's constitution, charter, articles,
or bylaws that upon dissolution all remaining assets of the
organization shall be used for nonprofit purposes that will
support 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 wagers
are placed upon the following permitted games of chance through the
use 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 placed
upon 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 an
immediate and unrecorded right of replay.
(5) A policy or numbers game.
(6) A banking or percentage game played with cards or
counters, including the acceptance of a fixed share of the stakes
in 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 commission
established 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 based
solely upon the person's paid attendance at a charity fundraising
event 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 door
prize. 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 a
door 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 the
Indiana 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 qualified
organization for at least ninety (90) consecutive days as of the
date of the qualified organization's allowable event; and
(2) works at least an average of thirty-two (32) hours per week
or one thousand six hundred sixty-two (1,662) hours per year
for the qualified organization in a capacity that is primarily
unrelated to the qualified organization's charity gaming
operations. 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 or
operating 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 be
used 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 information
published 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 qualified
organization 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 or
nonpublic school (as defined in IC 20-18-2-12), any of the
following:
(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 or
board 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 for
an allowable event; and
(2) responsible for conducting an allowable event for a
qualified organization under this article in accordance with
Indiana 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 qualified
organization 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 with
perforated break-open tabs is bought by a player from a
qualified organization.
(B) The face of each card is initially covered or otherwise
hidden from view, concealing a number, letter, symbol, or
set of letters or symbols.
(C) In each set of tickets or cards, a designated number of
tickets or cards have been randomly designated in advance
as winners.
(D) Winners, or potential winners if the game includes the
use of a seal, are determined by revealing the faces of the
tickets or cards. The player may be required to sign the
player's name on numbered lines provided if a seal is used.
(E) The player with a winning pull tab ticket or numbered
line receives the prize stated on the flare from the qualified
organization. The prize must be fully and clearly described
on the flare.
(2) Any game played in a similar fashion as a game described
in 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 grid
or section that hides the random opportunity to win a prize based on
the results of punching a single section to reveal a symbol or prize
amount. 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 award
one (1) or more prizes that is conducted in the manner required by
IC 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 the
following:
(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 the
Internal Revenue Code; and
(C) satisfies at least one (1) of the following requirements:
(i) The organization has been continuously in existence in
Indiana for at least five (5) years.
(ii) The organization is affiliated with a parent
organization that has been in existence in Indiana for at
least five (5) years.
(iii) The organization has reorganized and is continuing its
mission under a new name on file with the Indiana
secretary of state and with a new tax identification number
after having satisfied the requirements set forth in either
item (i) or (ii).
(2) A bona fide political organization operating in Indiana that
produces exempt function income (as defined in Section 527 of
the 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 service
mark or trademarked logo associated with the organization's
former name;
(2) evidence of the continuity of the organization's activities as
shown in the federal income tax returns filed for the
organization's five (5) most recent taxable years;
(3) evidence of the continuity of the organization's activities as
shown by the five (5) most recent annual external financial
reviews of the organization prepared by a certified public
accountant; or
(4) any other information considered sufficient by the
commission. 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 federal
government;
(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 agency
intended 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 a
prize 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 license
issued 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%) ownership
interest; 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 that
is marked off in a grid or columns, with each section containing a
hidden 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" means
an individual who helps or participates in any manner in conducting
or 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.
IC 4-32.2-2-1 Definitions
Sec. 1. The definitions in this chapter apply throughout this
article. 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 commission
under this article;
conducted by a qualified organization in accordance with this article
and 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 that
are arranged in five (5) vertical rows of five (5) squares each,
with each row designated by a single letter, and each box
containing a number, from one (1) to seventy-five (75), except
the center box, which is always marked with the word "free".
(2) As the caller of the game announces a letter and number
combination, each player covers the square corresponding to the
announced number, letter, or combination of numbers and
letters.
(3) The winner of each game is the player who is the first to
properly cover a predetermined and announced pattern of
squares 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 conducted
by an organization that holds a bingo license or a special bingo
license 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 local
organization that is not for pecuniary profit and is exempt from
federal income taxation under Section 501(c)(6) of the Internal
Revenue 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, or
chapter of a national or state organization that is not for pecuniary
profit or a local organization that is not for pecuniary profit and not
affiliated with a state or national organization whose written
constitution, charter, articles of incorporation, or bylaws provide the
following:
(1) That the organization is organized primarily for civic,
fraternal, or charitable purposes.
(2) That upon dissolution of the organization all remaining
assets of the organization revert to nonprofit civic or charitable
purposes. 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 an
organization that is not for pecuniary profit and that meets the
following criteria:
(1) The organization's primary purpose is educational in nature.
(2) The organization's constitution, articles, charter, or bylaws
contain a clause that provides that upon dissolution all
remaining assets shall be used for nonprofit educational
purposes.
(3) The organization is designed to develop the capabilities of
individuals 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 bona
fide civic organization that:
(1) is a branch, lodge, or chapter of a national organization; and
(2) exists for the common charitable purposes, brotherhood, and
other 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 party
committee, association, fund, or other organization, whether
incorporated or not, organized and operated primarily for the purpose
of directly or indirectly accepting contributions or making
expenditures, or both, for an exempt function (as defined in Section
527 of the Internal Revenue Code).
(b) Except as provided in subsection (c), the term does not include
a 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 term
includes 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 for
pecuniary profit that provides to the commission written
confirmation that the entity is operating under Section 501 of
the Internal Revenue Code or under the Section 501 nonprofit
status of the entity's parent organization; and
(2) whose constitution, charter, articles, or bylaws contain a
clause that provides that upon dissolution all remaining assets
shall be used for nonprofit religious purposes or shall revert to
the 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 an
organization that is not for pecuniary profit and that:
(1) consists of at least fifteen (15) members who are at least
sixty (60) years of age;
(2) is organized by the organization's constitution, charter,
articles, or bylaws for the mutual support and advancement of
the 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 the
organization shall be used for nonprofit purposes that will
support 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 local
organization or a branch, lodge, or chapter of a state or national
organization 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 the
armed forces of the United States;
(2) is organized for the mutual support and advancement of the
organization's membership and patriotic causes; and
(3) provides in the organization's constitution, charter, articles,
or bylaws that upon dissolution all remaining assets of the
organization shall be used for nonprofit purposes that will
support 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 wagers
are placed upon the following permitted games of chance through the
use 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 placed
upon 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 an
immediate and unrecorded right of replay.
(5) A policy or numbers game.
(6) A banking or percentage game played with cards or
counters, including the acceptance of a fixed share of the stakes
in 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 commission
established 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 based
solely upon the person's paid attendance at a charity fundraising
event 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 door
prize. 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 a
door 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 the
Indiana 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 qualified
organization for at least ninety (90) consecutive days as of the
date of the qualified organization's allowable event; and
(2) works at least an average of thirty-two (32) hours per week
or one thousand six hundred sixty-two (1,662) hours per year
for the qualified organization in a capacity that is primarily
unrelated to the qualified organization's charity gaming
operations. 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 or
operating 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 be
used 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 information
published 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 qualified
organization 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 or
nonpublic school (as defined in IC 20-18-2-12), any of the
following:
(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 or
board 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 for
an allowable event; and
(2) responsible for conducting an allowable event for a
qualified organization under this article in accordance with
Indiana 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 qualified
organization 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 with
perforated break-open tabs is bought by a player from a
qualified organization.
(B) The face of each card is initially covered or otherwise
hidden from view, concealing a number, letter, symbol, or
set of letters or symbols.
(C) In each set of tickets or cards, a designated number of
tickets or cards have been randomly designated in advance
as winners.
(D) Winners, or potential winners if the game includes the
use of a seal, are determined by revealing the faces of the
tickets or cards. The player may be required to sign the
player's name on numbered lines provided if a seal is used.
(E) The player with a winning pull tab ticket or numbered
line receives the prize stated on the flare from the qualified
organization. The prize must be fully and clearly described
on the flare.
(2) Any game played in a similar fashion as a game described
in 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 grid
or section that hides the random opportunity to win a prize based on
the results of punching a single section to reveal a symbol or prize
amount. 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 award
one (1) or more prizes that is conducted in the manner required by
IC 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 the
following:
(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 the
Internal Revenue Code; and
(C) satisfies at least one (1) of the following requirements:
(i) The organization has been continuously in existence in
Indiana for at least five (5) years.
(ii) The organization is affiliated with a parent
organization that has been in existence in Indiana for at
least five (5) years.
(iii) The organization has reorganized and is continuing its
mission under a new name on file with the Indiana
secretary of state and with a new tax identification number
after having satisfied the requirements set forth in either
item (i) or (ii).
(2) A bona fide political organization operating in Indiana that
produces exempt function income (as defined in Section 527 of
the 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 service
mark or trademarked logo associated with the organization's
former name;
(2) evidence of the continuity of the organization's activities as
shown in the federal income tax returns filed for the
organization's five (5) most recent taxable years;
(3) evidence of the continuity of the organization's activities as
shown by the five (5) most recent annual external financial
reviews of the organization prepared by a certified public
accountant; or
(4) any other information considered sufficient by the
commission. 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 federal
government;
(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 agency
intended 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 a
prize 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 license
issued 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%) ownership
interest; 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 that
is marked off in a grid or columns, with each section containing a
hidden 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" means
an individual who helps or participates in any manner in conducting
or 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.
