IC 4-32.2-8-1 Grounds for penalties
Sec. 1. (a) The commission may suspend or revoke the license of
or levy a civil penalty against a qualified organization, a
manufacturer, a distributor, or an individual under this article for any
of the following:
(1) Violation of:
(A) a provision of this article, IC 35-45-5-3, IC 35-45-5-3.5,
IC 35-45-5-4, or a rule of the commission; or
(B) any other local ordinance, state or federal statute, or
administrative rule or regulation that would cause the
commission to determine that the person is not of good
moral character or reputation.
(2) Failure to accurately account for a licensed supply.
(3) Failure to accurately account for sales proceeds from an
event or activity licensed or permitted under this article.
(4) Commission of a fraud, deceit, or misrepresentation.
(5) Conduct prejudicial to public confidence in the commission.
(b) If a violation is of a continuing nature, the commission may
impose a civil penalty upon a licensee or an individual for each day
the violation continues.
(c) For purposes of subsection (a), a finding that a person has
violated IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4 must be
supported by a preponderance of the evidence. As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.40.
IC 4-32.2-8-2 Civil penalty amounts
Sec. 2. A civil penalty imposed by the commission upon a
qualified organization or an individual under section 1 of this chapter
may not exceed the following amounts:
(1) One thousand dollars ($1,000) for the first violation.
(2) Two thousand five hundred dollars ($2,500) for the second
violation.
(3) Five thousand dollars ($5,000) for each additional violation. As added by P.L.91-2006, SEC.3.
IC 4-32.2-8-3 Additional enforcement actions authorized
Sec. 3. In addition to imposing a penalty described in section 1 of
this chapter, the commission may do all or any of the following:
(1) Lengthen a period of suspension of the license.
(2) Prohibit an operator or an individual who has been found to
be in violation of this article from associating with charity
gaming conducted by a qualified organization.
(3) Impose an additional civil penalty of not more than one
hundred dollars ($100) for each day the civil penalty goes
unpaid. As added by P.L.91-2006, SEC.3.
IC 4-32.2-8-4 Criminal penalties
Sec. 4. (a) Except as provided in subsection (b), a person or an
organization that recklessly, knowingly, or intentionally violates a
provision of this article commits a Class B misdemeanor.
(b) An individual, a corporation, a partnership, a limited liability
company, or other association that recklessly, knowingly, or
intentionally enters into a contract or other agreement with a
qualified organization in violation of IC 4-32.2-5-2 commits a Class
D felony. As added by P.L.91-2006, SEC.3.
IC 4-32.2-8-5 Deposit of civil penalties
Sec. 5. The commission shall deposit civil penalties collected
under this chapter in the charity gaming enforcement fund
established by IC 4-32.2-7-3. As added by P.L.91-2006, SEC.3.
IC 4-32.2-8-1 Grounds for penalties
Sec. 1. (a) The commission may suspend or revoke the license of
or levy a civil penalty against a qualified organization, a
manufacturer, a distributor, or an individual under this article for any
of the following:
(1) Violation of:
(A) a provision of this article, IC 35-45-5-3, IC 35-45-5-3.5,
IC 35-45-5-4, or a rule of the commission; or
(B) any other local ordinance, state or federal statute, or
administrative rule or regulation that would cause the
commission to determine that the person is not of good
moral character or reputation.
(2) Failure to accurately account for a licensed supply.
(3) Failure to accurately account for sales proceeds from an
event or activity licensed or permitted under this article.
(4) Commission of a fraud, deceit, or misrepresentation.
(5) Conduct prejudicial to public confidence in the commission.
(b) If a violation is of a continuing nature, the commission may
impose a civil penalty upon a licensee or an individual for each day
the violation continues.
(c) For purposes of subsection (a), a finding that a person has
violated IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4 must be
supported by a preponderance of the evidence. As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.40.
IC 4-32.2-8-2 Civil penalty amounts
Sec. 2. A civil penalty imposed by the commission upon a
qualified organization or an individual under section 1 of this chapter
may not exceed the following amounts:
(1) One thousand dollars ($1,000) for the first violation.
(2) Two thousand five hundred dollars ($2,500) for the second
violation.
(3) Five thousand dollars ($5,000) for each additional violation. As added by P.L.91-2006, SEC.3.
IC 4-32.2-8-3 Additional enforcement actions authorized
Sec. 3. In addition to imposing a penalty described in section 1 of
this chapter, the commission may do all or any of the following:
(1) Lengthen a period of suspension of the license.
(2) Prohibit an operator or an individual who has been found to
be in violation of this article from associating with charity
gaming conducted by a qualified organization.
(3) Impose an additional civil penalty of not more than one
hundred dollars ($100) for each day the civil penalty goes
unpaid. As added by P.L.91-2006, SEC.3.
IC 4-32.2-8-4 Criminal penalties
Sec. 4. (a) Except as provided in subsection (b), a person or an
organization that recklessly, knowingly, or intentionally violates a
provision of this article commits a Class B misdemeanor.
(b) An individual, a corporation, a partnership, a limited liability
company, or other association that recklessly, knowingly, or
intentionally enters into a contract or other agreement with a
qualified organization in violation of IC 4-32.2-5-2 commits a Class
D felony. As added by P.L.91-2006, SEC.3.
IC 4-32.2-8-5 Deposit of civil penalties
Sec. 5. The commission shall deposit civil penalties collected
under this chapter in the charity gaming enforcement fund
established by IC 4-32.2-7-3. As added by P.L.91-2006, SEC.3.
IC 4-32.2-8-1 Grounds for penalties
Sec. 1. (a) The commission may suspend or revoke the license of
or levy a civil penalty against a qualified organization, a
manufacturer, a distributor, or an individual under this article for any
of the following:
(1) Violation of:
(A) a provision of this article, IC 35-45-5-3, IC 35-45-5-3.5,
IC 35-45-5-4, or a rule of the commission; or
(B) any other local ordinance, state or federal statute, or
administrative rule or regulation that would cause the
commission to determine that the person is not of good
moral character or reputation.
(2) Failure to accurately account for a licensed supply.
(3) Failure to accurately account for sales proceeds from an
event or activity licensed or permitted under this article.
(4) Commission of a fraud, deceit, or misrepresentation.
(5) Conduct prejudicial to public confidence in the commission.
(b) If a violation is of a continuing nature, the commission may
impose a civil penalty upon a licensee or an individual for each day
the violation continues.
(c) For purposes of subsection (a), a finding that a person has
violated IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4 must be
supported by a preponderance of the evidence. As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.40.
IC 4-32.2-8-2 Civil penalty amounts
Sec. 2. A civil penalty imposed by the commission upon a
qualified organization or an individual under section 1 of this chapter
may not exceed the following amounts:
(1) One thousand dollars ($1,000) for the first violation.
(2) Two thousand five hundred dollars ($2,500) for the second
violation.
(3) Five thousand dollars ($5,000) for each additional violation. As added by P.L.91-2006, SEC.3.
IC 4-32.2-8-3 Additional enforcement actions authorized
Sec. 3. In addition to imposing a penalty described in section 1 of
this chapter, the commission may do all or any of the following:
(1) Lengthen a period of suspension of the license.
(2) Prohibit an operator or an individual who has been found to
be in violation of this article from associating with charity
gaming conducted by a qualified organization.
(3) Impose an additional civil penalty of not more than one
hundred dollars ($100) for each day the civil penalty goes
unpaid. As added by P.L.91-2006, SEC.3.
IC 4-32.2-8-4 Criminal penalties
Sec. 4. (a) Except as provided in subsection (b), a person or an
organization that recklessly, knowingly, or intentionally violates a
provision of this article commits a Class B misdemeanor.
(b) An individual, a corporation, a partnership, a limited liability
company, or other association that recklessly, knowingly, or
intentionally enters into a contract or other agreement with a
qualified organization in violation of IC 4-32.2-5-2 commits a Class
D felony. As added by P.L.91-2006, SEC.3.
IC 4-32.2-8-5 Deposit of civil penalties
Sec. 5. The commission shall deposit civil penalties collected
under this chapter in the charity gaming enforcement fund
established by IC 4-32.2-7-3. As added by P.L.91-2006, SEC.3.
