IC 4-33-4
Chapter 4. Powers and Duties of Indiana Gaming Commission
IC 4-33-4-1 Administration, regulation, and enforcement of riverboat gambling
Sec. 1. (a) The commission has the following powers and duties
for the purpose of administering, regulating, and enforcing the
system of riverboat gambling established under this article:
(1) All powers and duties specified in this article.
(2) All powers necessary and proper to fully and effectively
execute this article.
(3) Jurisdiction and supervision over the following:
(A) All riverboat gambling operations in Indiana.
(B) All persons on riverboats where gambling operations are
conducted.
(4) Investigate and reinvestigate applicants and license holders
and determine the eligibility of applicants for licenses or
operating agent contracts.
(5) Select among competing applicants the applicants that
promote the most economic development in a home dock area
and that best serve the interests of the citizens of Indiana.
(6) Take appropriate administrative enforcement or disciplinary
action against a licensee or an operating agent.
(7) Investigate alleged violations of this article.
(8) Establish fees for licenses issued under this article.
(9) Adopt appropriate standards for the design, appearance,
aesthetics, and construction for riverboats and facilities.
(10) Conduct hearings.
(11) Issue subpoenas for the attendance of witnesses and
subpoenas duces tecum for the production of books, records,
and other relevant documents.
(12) Administer oaths and affirmations to the witnesses.
(13) Prescribe a form to be used by an operating agent or a
licensee involved in the ownership or management of gambling
operations as an application for employment by potential
employees.
(14) Revoke, suspend, or renew licenses issued under this
article.
(15) Hire employees to gather information, conduct
investigations, and carry out other tasks under this article.
(16) Take any reasonable or appropriate action to enforce this
article.
(b) Applicants and license holders shall reimburse the commission
for costs related to investigations and reinvestigations conducted
under subsection (a)(4). As added by P.L.277-1993(ss), SEC.124. Amended by P.L.20-1995,
SEC.5; P.L.92-2003, SEC.10.
IC 4-33-4-2 Rules
Sec. 2. The commission shall adopt rules under IC 4-22-2 for the
following purposes:
(1) Administering this article.
(2) Establishing the conditions under which riverboat gambling
in Indiana may be conducted.
(3) Providing for the prevention of practices detrimental to the
public interest and providing for the best interests of riverboat
gambling.
(4) Establishing rules concerning inspection of riverboats and
the review of the permits or licenses necessary to operate a
riverboat.
(5) Imposing penalties for noncriminal violations of this article. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.1-1995,
SEC.38; P.L.92-2003, SEC.11.
IC 4-33-4-3 Additional duties of the commission
Sec. 3. (a) The commission shall do the following:
(1) Adopt rules that the commission determines necessary to
protect or enhance the following:
(A) The credibility and integrity of gambling operations
authorized by this article.
(B) The regulatory process provided in this article.
(2) Conduct all hearings concerning civil violations of this
article.
(3) Provide for the establishment and collection of license fees
and taxes imposed under this article.
(4) Deposit the license fees and taxes in the state gaming fund
established by IC 4-33-13.
(5) Levy and collect penalties for noncriminal violations of this
article.
(6) Deposit the penalties in the state gaming fund established by
IC 4-33-13.
(7) Be present through the commission's gaming agents during
the time gambling operations are conducted on a riverboat to do
the following:
(A) Certify the revenue received by a riverboat.
(B) Receive complaints from the public.
(C) Conduct other investigations into the conduct of the
gambling games and the maintenance of the equipment that
the commission considers necessary and proper.
(8) Adopt emergency rules under IC 4-22-2-37.1 if the
commission determines that:
(A) the need for a rule is so immediate and substantial that
rulemaking procedures under IC 4-22-2-13 through
IC 4-22-2-36 are inadequate to address the need; and
(B) an emergency rule is likely to address the need.
(9) Adopt rules to establish and implement a voluntary
exclusion program that meets the requirements of subsection
(c).
(10) Establish the requirements for a power of attorney
submitted under IC 4-33-6-2(c), IC 4-33-6-22, IC 4-33-6.5-2(c),
or IC 4-33-6.5-16.
(b) The commission shall begin rulemaking procedures under
IC 4-22-2-13 through IC 4-22-2-36 to adopt an emergency rule
adopted under subsection (a)(8) not later than thirty (30) days after
the adoption of the emergency rule under subsection (a)(8).
(c) Rules adopted under subsection (a)(9) must provide the
following:
(1) Except as provided by rule of the commission, a person who
participates in the voluntary exclusion program agrees to refrain
from entering a riverboat or other facility under the jurisdiction
of the commission.
(2) That the name of a person participating in the program will
be included on a list of persons excluded from all facilities
under the jurisdiction of the commission.
(3) Except as provided by rule of the commission, a person who
participates in the voluntary exclusion program may not petition
the commission for readmittance to a facility under the
jurisdiction of the commission.
(4) That the list of patrons entering the voluntary exclusion
program and the personal information of the participants are
confidential and may only be disseminated by the commission
to the owner or operator of a facility under the jurisdiction of
the commission for purposes of enforcement and to other
entities, upon request by the participant and agreement by the
commission.
(5) That an owner of a facility under the jurisdiction of the
commission shall make all reasonable attempts as determined
by the commission to cease all direct marketing efforts to a
person participating in the program.
(6) That an owner of a facility under the jurisdiction of the
commission may not cash the check of a person participating in
the program or extend credit to the person in any manner.
However, the voluntary exclusion program does not preclude an
owner from seeking the payment of a debt accrued by a person
before entering the program. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.1-1995,
SEC.39; P.L.27-1997, SEC.2; P.L.273-1999, SEC.40; P.L.14-2000,
SEC.13; P.L.92-2003, SEC.12; P.L.143-2003, SEC.1; P.L.37-2004,
SEC.1; P.L.170-2005, SEC.3; P.L.142-2009, SEC.4.
IC 4-33-4-3.5 Employment of gaming agents
Sec. 3.5. The commission shall employ gaming agents to perform
the duties imposed by this chapter. The licensed owners and
operating agents shall, in the manner prescribed by the rules of the
commission, reimburse the commission for:
(1) the training expenses incurred to train gaming agents;
(2) the salaries and other expenses of staff required to support
the gaming agents; and
(3) the salaries and other expenses of the gaming agents
required to be present during the time gambling operations are
conducted on a riverboat. As added by P.L.53-1995, SEC.1. Amended by P.L.92-2003, SEC.13;
P.L.170-2005, SEC.4.
IC 4-33-4-3.6
Repealed
(Repealed by P.L.92-2003, SEC.63.)
IC 4-33-4-4 Entering premises of licensee
Sec. 4. The commission may enter an office, a riverboat, a facility,
or other premises of an operating agent or a person holding an
owner's, or supplier's license where evidence of the compliance or
noncompliance with this article is likely to be found. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.14.
IC 4-33-4-5 Licensing standards
Sec. 5. The commission shall adopt standards for the licensing of
the following:
(1) Persons regulated under this article.
(2) Electronic or mechanical gambling games. As added by P.L.277-1993(ss), SEC.124.
IC 4-33-4-6 Records of licensee
Sec. 6. The commission shall require that the records, including
financial statements, of an operating agent or a person holding an
owner's, or supplier's license must be maintained in the manner
prescribed by the commission. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.15.
IC 4-33-4-7 Ejection or exclusion from facilities
Sec. 7. (a) The commission may eject or exclude or authorize the
ejection or exclusion of a person from riverboat gambling facilities
if:
(1) the person's name is on the list of persons voluntarily
excluding themselves from all riverboats in a program
established under the rules of the commission;
(2) the person violates this article; or
(3) the commission determines that the person's conduct or
reputation is such that the person's presence within the riverboat
gambling facilities may:
(A) call into question the honesty and integrity of the
gambling operations; or
(B) interfere with the orderly conduct of the gambling
operations.
(b) A person, other than a person participating in a voluntary
exclusion program, may petition the commission for a hearing on the
person's ejection or exclusion under this section. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.143-2003,
SEC.2.
IC 4-33-4-8 Violations of article; fraudulent acts
Sec. 8. If a licensee, an operating agent, or an employee of a
licensee or an operating agent violates this article or engages in a
fraudulent act, the commission may do any combination of the
following:
(1) Suspend, revoke, or restrict the license of the licensee, or
suspend, revoke, or restrict the gambling operations of an
operating agent.
(2) Require the removal of a licensee or an employee of a
licensee.
(3) Impose a civil penalty of not more than five thousand dollars
($5,000) against an individual who has been issued an
occupational license for each violation of this article.
(4) Impose a civil penalty of not more than the greater of:
(A) ten thousand dollars ($10,000); or
(B) an amount equal to the licensee's or operating agent's
daily gross receipts for the day of the violation;
against an owner or operating agent for each violation of this
article.
(5) Impose a civil penalty of not more than twenty-five
thousand dollars ($25,000) against a person who has been
issued a supplier's license for each violation of this article. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.16; P.L.143-2003, SEC.3.
IC 4-33-4-9 Cashless wagering system
Sec. 9. The commission shall require an owner or operating agent
conducting gambling games to use a cashless wagering system in
which a player's money is converted to tokens, electronic cards, or
chips that may be used only for wagering on the riverboat. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.17.
IC 4-33-4-10 Cruises; regulation of routes and stops
Sec. 10. If a riverboat cruises, the commission shall authorize the
route of the riverboat and the stops, if any, that the riverboat may
make while on a cruise. As added by P.L.277-1993(ss), SEC.124. Amended by
P.L.192-2002(ss), SEC.10.
IC 4-33-4-11 Insurance
Sec. 11. The commission shall establish the minimum amount of
insurance that must be maintained by:
(1) an operating agent; or
(2) owner and supplier licensees. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.18.
IC 4-33-4-12 Alcoholic beverages
Sec. 12. Except as provided by IC 7.1-3-17.5, IC 7.1 and the rules
adopted by the alcohol and tobacco commission apply to:
(1) an operating agent; and
(2) a person holding an owner's license. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.15-1994,
SEC.2; P.L.204-2001, SEC.8; P.L.92-2003, SEC.19.
IC 4-33-4-13 Navigable waterways; determination
Sec. 13. (a) This section does not apply to a riverboat located in
a historic hotel district.
(b) After consulting with the United States Army Corps of
Engineers, the commission may do the following:
(1) Determine the waterways that are navigable waterways for
purposes of this article.
(2) Determine the navigable waterways that are suitable for the
operation of riverboats under this article.
(c) In determining the navigable waterways on which riverboats
may operate, the commission shall do the following:
(1) Obtain any required approvals from the United States Army
Corps of Engineers for the operation of riverboats on those
waterways.
(2) Consider the economic benefit that riverboat gambling
provides to Indiana.
(3) Seek to ensure that all regions of Indiana share in the
economic benefits of riverboat gambling. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.1-1995,
SEC.40; P.L.92-2003, SEC.20.
IC 4-33-4-14 Navigable waterways; extreme circumstances
Sec. 14. The commission may adopt emergency orders under
IC 4-21.5-4 concerning navigability of waterways for extreme
weather conditions or other extreme circumstances. As added by P.L.277-1993(ss), SEC.124. IC 4-33-4-15 Annual duties of gaming commission
Sec. 15. The commission shall annually do the following:
(1) Review the patterns of wagering and wins and losses by
persons on riverboat gambling operations under this article.
(2) Make recommendations to the governor and the general
assembly concerning whether limits on wagering losses should
be imposed. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.21.
IC 4-33-4-16 Investigative procedures; complaints
Sec. 16. (a) The commission shall review and make a
determination on a complaint by an operating agent or a person who
has been issued an owner's license concerning an investigative
procedure that the licensee alleges is unnecessarily disruptive of
gambling operations.
(b) A licensee or an operating agent filing a complaint under this
section must prove all of the following by clear and convincing
evidence:
(1) The investigative procedure had no reasonable law
enforcement purpose.
(2) The investigative procedure was so disruptive as to
unreasonably inhibit gambling operations.
(c) For purposes of this section, the need to inspect and
investigate a licensee or an operating agent shall be presumed at all
times. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.22.
IC 4-33-4-17 Licenses; application; denial; suspensions; revocation; restriction
or refusal to renew; hearings
Sec. 17. (a) The commission shall decide promptly and in
reasonable order all license applications.
(b) Notwithstanding any provision of this article, no owner's
license may be granted for any riverboat that is not to be docked in
the city described under IC 4-33-6-1(a)(1) until the earlier of:
(1) the issuance of an owner's license for a riverboat that is to
be docked in the city described under IC 4-33-6-1(a)(1); or
(2) September 1, 1994.
(c) A party aggrieved by an action of the commission denying,
suspending, revoking, restricting, or refusing the renewal of a license
may request a hearing before the commission. A request for a hearing
must be made to the commission in writing not more than ten (10)
days after service of notice of the action of the commission.
(d) The commission shall serve notice of the commission's actions
to a party by personal delivery or by certified mail. Notice served by
certified mail is considered complete on the business day following
the date of the mailing.
(e) The commission shall conduct all requested hearings promptly
and in reasonable order. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.1-1994,
SEC.13; P.L.92-2003, SEC.23.
IC 4-33-4-18 Background investigations
Sec. 18. (a) The state police department may assist the
commission in conducting background investigations of applicants.
The commission may forward all fingerprints required to be
submitted by license applicants under IC 4-33 to the Federal Bureau
of Investigation or any other agency for the purpose of screening
applicants. The commission shall reimburse the state police
department for the costs incurred by the state police department as a
result of the assistance. The commission shall make the payment
from fees collected from applicants.
(b) The commission through its gaming agents shall conduct
background investigations of applicants. Costs incurred conducting
the investigations must be paid from fees collected from applicants. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.261-2003,
SEC.4; P.L.170-2005, SEC.5.
IC 4-33-4-19 Revocation of licenses
Sec. 19. The commission shall revoke the license of a licensee
who operates a riverboat upon Patoka Lake if that licensee violates
any of the following:
(1) IC 14-26-2-7.
(2) IC 14-26-2-23.
(3) IC 14-28-1. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.1-1995,
SEC.41; P.L.152-2006, SEC.1.
IC 4-33-4-20 Void licenses
Sec. 20. If the United States Army Corps of Engineers rescinds an
approval required under section 13 of this chapter, a license issued
under this article is void and the holder of the license may not
conduct or continue gambling operations under this article. As added by P.L.277-1993(ss), SEC.124.
IC 4-33-4-21 Licenses; transfer, sale, purchase, or voting trust; rules of
procedure; prohibitions
Sec. 21. (a) A licensed owner or any other person must apply for
and receive the commission's approval before:
(1) an owner's license is:
(A) transferred;
(B) sold; or
(C) purchased; or
(2) a voting trust agreement or other similar agreement is
established with respect to the owner's license.
(b) Subject to section 24 of this chapter, the commission shall
adopt rules governing the procedure a licensed owner or other person
must follow to take an action under subsection (a). The rules must
specify that a person who obtains an ownership interest in a license
must meet the criteria of this article and any rules adopted by the
commission. A licensed owner may transfer an owner's license only
in accordance with this article and rules adopted by the commission.
(c) A licensed owner or any other person may not:
(1) lease;
(2) hypothecate; or
(3) borrow or loan money against;
an owner's license.
(d) A transfer fee is imposed on a licensed owner who purchases
or otherwise acquires a controlling interest, as determined under the
rules of the commission, in a second owner's license. The fee is equal
to two million dollars ($2,000,000). The commission shall collect
and deposit a fee imposed under this subsection in the state general
fund. As added by P.L.20-1995, SEC.7. Amended by P.L.224-2003,
SEC.42; P.L.182-2009(ss), SEC.59.
IC 4-33-4-21.2 Display and maintenance of toll free telephone number
Sec. 21.2. (a) The Indiana gaming commission shall require a
licensed owner or an operating agent to conspicuously display the
number of the toll free telephone line described in IC 4-33-12-6 in
the following locations:
(1) On each admission ticket to a riverboat if tickets are issued.
(2) On a poster or placard that is on display in a public area of
each riverboat where gambling games are conducted.
(b) The toll free telephone line described in IC 4-33-12-6 must be:
(1) maintained by the division of mental health and addiction
under IC 12-23-1-6; and
(2) funded by the addiction services fund established by
IC 12-23-2-2.
(c) The commission may adopt rules under IC 4-22-2 necessary to
carry out this section. As added by P.L.54-1995, SEC.1. Amended by P.L.215-2001, SEC.5;
P.L.192-2002(ss), SEC.11; P.L.92-2003, SEC.24.
IC 4-33-4-22 Rules concerning hours of operation
Sec. 22. (a) The commission may not adopt a rule or resolution
limiting the ordinary business hours in which a licensed owner that
has implemented flexible scheduling under IC 4-33-6-21 may
conduct gambling operations.
(b) This section may not be construed to limit the commission's
power to:
(1) enforce this article under IC 4-33-4-1(a)(6),
IC 4-33-4-1(a)(7), or IC 4-33-4-8; or
(2) respond to an emergency, as determined by the commission. As added by P.L.224-2003, SEC.43. Amended by P.L.97-2004,
SEC.14.
IC 4-33-4-23 Licensed owners annual reports; incentive payments
Sec. 23. (a) An operating agent or a person holding an owner's
license must report annually to the commission the following:
(1) The total dollar amounts and recipients of incentive
payments made.
(2) Any other items related to the payments described in
subdivision (1) that the commission may require.
(b) The commission shall prescribe, with respect to the report
required by subsection (a):
(1) the format of the report;
(2) the deadline by which the report must be filed; and
(3) the manner in which the report must be maintained and
filed. As added by P.L.199-2005, SEC.1.
IC 4-33-4-24 Prohibition of fee for proposed transfer of ownership
Sec. 24. The commission may not do the following:
(1) Impose by rule a fee that is not authorized by this article on
any party to a proposed transfer of an ownership interest in a
riverboat owner's license or an operating permit.
(2) Make the commission's approval of a proposed transfer of
an ownership interest in a riverboat owner's license or an
operating permit contingent upon the payment of any amount
that is not authorized by this article. As added by P.L.182-2009(ss), SEC.60.
IC 4-33-4-24.2 Model power of attorney
Sec. 24.2. The executive director shall establish a model power of
attorney setting forth the terms and conditions under which a trustee
may conduct gambling operations on a riverboat under IC 4-33-21.
The executive director may provide a copy of the model power of
attorney to any interested party. As added by P.L.142-2009, SEC.5.
IC 4-33-4-25 Appointment of temporary trustee
Sec. 25. (a) The commission may appoint a person to serve as a
temporary trustee for a particular riverboat if the commission makes
the following findings:
(1) That circumstances requiring a trustee to assume control of
the riverboat are likely to occur.
(2) That the commission has not approved a power of attorney
identifying any other person to serve as the trustee for the
riverboat.
(3) That there is not enough time to consider and approve a
power of attorney with respect to the riverboat before the
circumstances found likely to occur under subdivision (1) will
occur.
(b) A person appointed under this section must be qualified to
perform any duty described in this section or IC 4-33-21.
(c) A trustee appointed by the commission under this section shall
serve until any of the following occurs:
(1) The commission adopts a resolution under IC 4-33-21-3
authorizing a trustee appointed by an approved power of
attorney to conduct gambling operations under IC 4-33-21 on
the riverboat.
(2) The commission revokes the trustee's authority to conduct
gambling operations under IC 4-33-21-12.
(3) A new licensed owner or operating agent assumes control of
the riverboat.
(d) A trustee appointed by the commission under this section shall
exercise the trustee's powers in accordance with:
(1) the model power of attorney established by the executive
director under section 24.2 of this chapter; and
(2) IC 4-33-21. As added by P.L.142-2009, SEC.6.
IC 4-33-4-26 Civil penalties for violations concerning a power of attorney
Sec. 26. The commission may impose a civil penalty upon a
person who:
(1) fails to submit a power of attorney before a deadline
imposed by this article;
(2) fails to take any corrective action required by the
commission with respect to a power of attorney submitted under
IC 4-33-6-2(c), IC 4-33-6-22, IC 4-33-6.5-2(c), or
IC 4-33-6.5-16; or
(3) violates any provision of this article concerning the
submission of a power of attorney identifying the person who
would serve as a trustee under the power of attorney. As added by P.L.142-2009, SEC.7.
IC 4-33-4-27 Withholding delinquent child support from winnings; fee; notice;
priority of order over other claims
Sec. 27. (a) The bureau shall provide information to a licensed
owner, an operating agent, or a trustee concerning persons who are
delinquent in child support.
(b) If a licensed owner, an operating agent, or a trustee is required
to file Form W-2G or a substantially equivalent form with the United
States Internal Revenue Service for a person who is delinquent in
child support, before payment of cash winnings to the person, the
licensed owner, operating agent, or trustee:
(1) may deduct and retain an administrative fee in the amount
of the lesser of:
(A) three percent (3%) of the amount of delinquent child
support withheld under subdivision (2)(A); or
(B) one hundred dollars ($100); and
(2) shall:
(A) withhold the amount of delinquent child support owed
from the cash winnings;
(B) transmit to the bureau:
(i) the amount withheld for delinquent child support; and
(ii) identifying information, including the full name,
address, and Social Security number of the obligor and the
child support case identifier, the date and amount of the
payment, and the name and location of the licensed owner,
operating agent, or trustee; and
(C) issue the obligor a receipt in a form prescribed by the
bureau with the total amount withheld for delinquent child
support and the administrative fee.
(c) The bureau shall notify the obligor at the address provided by
the licensed owner, operating agent, or trustee that the bureau intends
to offset the obligor's delinquent child support with the cash
winnings.
(d) The bureau shall hold the amount withheld from cash
winnings of an obligor for ten (10) business days before applying the
amount as payment to the obligor's delinquent child support.
(e) The delinquent child support required to be withheld under
this section and an administrative fee described under subsection
(b)(1) have priority over any secured or unsecured claim on cash
winnings except claims for federal or state taxes that are required to
be withheld under federal or state law. As added by P.L.80-2010, SEC.1.
IC 4-33-4
Chapter 4. Powers and Duties of Indiana Gaming Commission
IC 4-33-4-1 Administration, regulation, and enforcement of riverboat gambling
Sec. 1. (a) The commission has the following powers and duties
for the purpose of administering, regulating, and enforcing the
system of riverboat gambling established under this article:
(1) All powers and duties specified in this article.
(2) All powers necessary and proper to fully and effectively
execute this article.
(3) Jurisdiction and supervision over the following:
(A) All riverboat gambling operations in Indiana.
(B) All persons on riverboats where gambling operations are
conducted.
(4) Investigate and reinvestigate applicants and license holders
and determine the eligibility of applicants for licenses or
operating agent contracts.
(5) Select among competing applicants the applicants that
promote the most economic development in a home dock area
and that best serve the interests of the citizens of Indiana.
(6) Take appropriate administrative enforcement or disciplinary
action against a licensee or an operating agent.
(7) Investigate alleged violations of this article.
(8) Establish fees for licenses issued under this article.
(9) Adopt appropriate standards for the design, appearance,
aesthetics, and construction for riverboats and facilities.
(10) Conduct hearings.
(11) Issue subpoenas for the attendance of witnesses and
subpoenas duces tecum for the production of books, records,
and other relevant documents.
(12) Administer oaths and affirmations to the witnesses.
(13) Prescribe a form to be used by an operating agent or a
licensee involved in the ownership or management of gambling
operations as an application for employment by potential
employees.
(14) Revoke, suspend, or renew licenses issued under this
article.
(15) Hire employees to gather information, conduct
investigations, and carry out other tasks under this article.
(16) Take any reasonable or appropriate action to enforce this
article.
(b) Applicants and license holders shall reimburse the commission
for costs related to investigations and reinvestigations conducted
under subsection (a)(4). As added by P.L.277-1993(ss), SEC.124. Amended by P.L.20-1995,
SEC.5; P.L.92-2003, SEC.10.
IC 4-33-4-2 Rules
Sec. 2. The commission shall adopt rules under IC 4-22-2 for the
following purposes:
(1) Administering this article.
(2) Establishing the conditions under which riverboat gambling
in Indiana may be conducted.
(3) Providing for the prevention of practices detrimental to the
public interest and providing for the best interests of riverboat
gambling.
(4) Establishing rules concerning inspection of riverboats and
the review of the permits or licenses necessary to operate a
riverboat.
(5) Imposing penalties for noncriminal violations of this article. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.1-1995,
SEC.38; P.L.92-2003, SEC.11.
IC 4-33-4-3 Additional duties of the commission
Sec. 3. (a) The commission shall do the following:
(1) Adopt rules that the commission determines necessary to
protect or enhance the following:
(A) The credibility and integrity of gambling operations
authorized by this article.
(B) The regulatory process provided in this article.
(2) Conduct all hearings concerning civil violations of this
article.
(3) Provide for the establishment and collection of license fees
and taxes imposed under this article.
(4) Deposit the license fees and taxes in the state gaming fund
established by IC 4-33-13.
(5) Levy and collect penalties for noncriminal violations of this
article.
(6) Deposit the penalties in the state gaming fund established by
IC 4-33-13.
(7) Be present through the commission's gaming agents during
the time gambling operations are conducted on a riverboat to do
the following:
(A) Certify the revenue received by a riverboat.
(B) Receive complaints from the public.
(C) Conduct other investigations into the conduct of the
gambling games and the maintenance of the equipment that
the commission considers necessary and proper.
(8) Adopt emergency rules under IC 4-22-2-37.1 if the
commission determines that:
(A) the need for a rule is so immediate and substantial that
rulemaking procedures under IC 4-22-2-13 through
IC 4-22-2-36 are inadequate to address the need; and
(B) an emergency rule is likely to address the need.
(9) Adopt rules to establish and implement a voluntary
exclusion program that meets the requirements of subsection
(c).
(10) Establish the requirements for a power of attorney
submitted under IC 4-33-6-2(c), IC 4-33-6-22, IC 4-33-6.5-2(c),
or IC 4-33-6.5-16.
(b) The commission shall begin rulemaking procedures under
IC 4-22-2-13 through IC 4-22-2-36 to adopt an emergency rule
adopted under subsection (a)(8) not later than thirty (30) days after
the adoption of the emergency rule under subsection (a)(8).
(c) Rules adopted under subsection (a)(9) must provide the
following:
(1) Except as provided by rule of the commission, a person who
participates in the voluntary exclusion program agrees to refrain
from entering a riverboat or other facility under the jurisdiction
of the commission.
(2) That the name of a person participating in the program will
be included on a list of persons excluded from all facilities
under the jurisdiction of the commission.
(3) Except as provided by rule of the commission, a person who
participates in the voluntary exclusion program may not petition
the commission for readmittance to a facility under the
jurisdiction of the commission.
(4) That the list of patrons entering the voluntary exclusion
program and the personal information of the participants are
confidential and may only be disseminated by the commission
to the owner or operator of a facility under the jurisdiction of
the commission for purposes of enforcement and to other
entities, upon request by the participant and agreement by the
commission.
(5) That an owner of a facility under the jurisdiction of the
commission shall make all reasonable attempts as determined
by the commission to cease all direct marketing efforts to a
person participating in the program.
(6) That an owner of a facility under the jurisdiction of the
commission may not cash the check of a person participating in
the program or extend credit to the person in any manner.
However, the voluntary exclusion program does not preclude an
owner from seeking the payment of a debt accrued by a person
before entering the program. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.1-1995,
SEC.39; P.L.27-1997, SEC.2; P.L.273-1999, SEC.40; P.L.14-2000,
SEC.13; P.L.92-2003, SEC.12; P.L.143-2003, SEC.1; P.L.37-2004,
SEC.1; P.L.170-2005, SEC.3; P.L.142-2009, SEC.4.
IC 4-33-4-3.5 Employment of gaming agents
Sec. 3.5. The commission shall employ gaming agents to perform
the duties imposed by this chapter. The licensed owners and
operating agents shall, in the manner prescribed by the rules of the
commission, reimburse the commission for:
(1) the training expenses incurred to train gaming agents;
(2) the salaries and other expenses of staff required to support
the gaming agents; and
(3) the salaries and other expenses of the gaming agents
required to be present during the time gambling operations are
conducted on a riverboat. As added by P.L.53-1995, SEC.1. Amended by P.L.92-2003, SEC.13;
P.L.170-2005, SEC.4.
IC 4-33-4-3.6
Repealed
(Repealed by P.L.92-2003, SEC.63.)
IC 4-33-4-4 Entering premises of licensee
Sec. 4. The commission may enter an office, a riverboat, a facility,
or other premises of an operating agent or a person holding an
owner's, or supplier's license where evidence of the compliance or
noncompliance with this article is likely to be found. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.14.
IC 4-33-4-5 Licensing standards
Sec. 5. The commission shall adopt standards for the licensing of
the following:
(1) Persons regulated under this article.
(2) Electronic or mechanical gambling games. As added by P.L.277-1993(ss), SEC.124.
IC 4-33-4-6 Records of licensee
Sec. 6. The commission shall require that the records, including
financial statements, of an operating agent or a person holding an
owner's, or supplier's license must be maintained in the manner
prescribed by the commission. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.15.
IC 4-33-4-7 Ejection or exclusion from facilities
Sec. 7. (a) The commission may eject or exclude or authorize the
ejection or exclusion of a person from riverboat gambling facilities
if:
(1) the person's name is on the list of persons voluntarily
excluding themselves from all riverboats in a program
established under the rules of the commission;
(2) the person violates this article; or
(3) the commission determines that the person's conduct or
reputation is such that the person's presence within the riverboat
gambling facilities may:
(A) call into question the honesty and integrity of the
gambling operations; or
(B) interfere with the orderly conduct of the gambling
operations.
(b) A person, other than a person participating in a voluntary
exclusion program, may petition the commission for a hearing on the
person's ejection or exclusion under this section. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.143-2003,
SEC.2.
IC 4-33-4-8 Violations of article; fraudulent acts
Sec. 8. If a licensee, an operating agent, or an employee of a
licensee or an operating agent violates this article or engages in a
fraudulent act, the commission may do any combination of the
following:
(1) Suspend, revoke, or restrict the license of the licensee, or
suspend, revoke, or restrict the gambling operations of an
operating agent.
(2) Require the removal of a licensee or an employee of a
licensee.
(3) Impose a civil penalty of not more than five thousand dollars
($5,000) against an individual who has been issued an
occupational license for each violation of this article.
(4) Impose a civil penalty of not more than the greater of:
(A) ten thousand dollars ($10,000); or
(B) an amount equal to the licensee's or operating agent's
daily gross receipts for the day of the violation;
against an owner or operating agent for each violation of this
article.
(5) Impose a civil penalty of not more than twenty-five
thousand dollars ($25,000) against a person who has been
issued a supplier's license for each violation of this article. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.16; P.L.143-2003, SEC.3.
IC 4-33-4-9 Cashless wagering system
Sec. 9. The commission shall require an owner or operating agent
conducting gambling games to use a cashless wagering system in
which a player's money is converted to tokens, electronic cards, or
chips that may be used only for wagering on the riverboat. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.17.
IC 4-33-4-10 Cruises; regulation of routes and stops
Sec. 10. If a riverboat cruises, the commission shall authorize the
route of the riverboat and the stops, if any, that the riverboat may
make while on a cruise. As added by P.L.277-1993(ss), SEC.124. Amended by
P.L.192-2002(ss), SEC.10.
IC 4-33-4-11 Insurance
Sec. 11. The commission shall establish the minimum amount of
insurance that must be maintained by:
(1) an operating agent; or
(2) owner and supplier licensees. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.18.
IC 4-33-4-12 Alcoholic beverages
Sec. 12. Except as provided by IC 7.1-3-17.5, IC 7.1 and the rules
adopted by the alcohol and tobacco commission apply to:
(1) an operating agent; and
(2) a person holding an owner's license. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.15-1994,
SEC.2; P.L.204-2001, SEC.8; P.L.92-2003, SEC.19.
IC 4-33-4-13 Navigable waterways; determination
Sec. 13. (a) This section does not apply to a riverboat located in
a historic hotel district.
(b) After consulting with the United States Army Corps of
Engineers, the commission may do the following:
(1) Determine the waterways that are navigable waterways for
purposes of this article.
(2) Determine the navigable waterways that are suitable for the
operation of riverboats under this article.
(c) In determining the navigable waterways on which riverboats
may operate, the commission shall do the following:
(1) Obtain any required approvals from the United States Army
Corps of Engineers for the operation of riverboats on those
waterways.
(2) Consider the economic benefit that riverboat gambling
provides to Indiana.
(3) Seek to ensure that all regions of Indiana share in the
economic benefits of riverboat gambling. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.1-1995,
SEC.40; P.L.92-2003, SEC.20.
IC 4-33-4-14 Navigable waterways; extreme circumstances
Sec. 14. The commission may adopt emergency orders under
IC 4-21.5-4 concerning navigability of waterways for extreme
weather conditions or other extreme circumstances. As added by P.L.277-1993(ss), SEC.124. IC 4-33-4-15 Annual duties of gaming commission
Sec. 15. The commission shall annually do the following:
(1) Review the patterns of wagering and wins and losses by
persons on riverboat gambling operations under this article.
(2) Make recommendations to the governor and the general
assembly concerning whether limits on wagering losses should
be imposed. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.21.
IC 4-33-4-16 Investigative procedures; complaints
Sec. 16. (a) The commission shall review and make a
determination on a complaint by an operating agent or a person who
has been issued an owner's license concerning an investigative
procedure that the licensee alleges is unnecessarily disruptive of
gambling operations.
(b) A licensee or an operating agent filing a complaint under this
section must prove all of the following by clear and convincing
evidence:
(1) The investigative procedure had no reasonable law
enforcement purpose.
(2) The investigative procedure was so disruptive as to
unreasonably inhibit gambling operations.
(c) For purposes of this section, the need to inspect and
investigate a licensee or an operating agent shall be presumed at all
times. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.22.
IC 4-33-4-17 Licenses; application; denial; suspensions; revocation; restriction
or refusal to renew; hearings
Sec. 17. (a) The commission shall decide promptly and in
reasonable order all license applications.
(b) Notwithstanding any provision of this article, no owner's
license may be granted for any riverboat that is not to be docked in
the city described under IC 4-33-6-1(a)(1) until the earlier of:
(1) the issuance of an owner's license for a riverboat that is to
be docked in the city described under IC 4-33-6-1(a)(1); or
(2) September 1, 1994.
(c) A party aggrieved by an action of the commission denying,
suspending, revoking, restricting, or refusing the renewal of a license
may request a hearing before the commission. A request for a hearing
must be made to the commission in writing not more than ten (10)
days after service of notice of the action of the commission.
(d) The commission shall serve notice of the commission's actions
to a party by personal delivery or by certified mail. Notice served by
certified mail is considered complete on the business day following
the date of the mailing.
(e) The commission shall conduct all requested hearings promptly
and in reasonable order. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.1-1994,
SEC.13; P.L.92-2003, SEC.23.
IC 4-33-4-18 Background investigations
Sec. 18. (a) The state police department may assist the
commission in conducting background investigations of applicants.
The commission may forward all fingerprints required to be
submitted by license applicants under IC 4-33 to the Federal Bureau
of Investigation or any other agency for the purpose of screening
applicants. The commission shall reimburse the state police
department for the costs incurred by the state police department as a
result of the assistance. The commission shall make the payment
from fees collected from applicants.
(b) The commission through its gaming agents shall conduct
background investigations of applicants. Costs incurred conducting
the investigations must be paid from fees collected from applicants. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.261-2003,
SEC.4; P.L.170-2005, SEC.5.
IC 4-33-4-19 Revocation of licenses
Sec. 19. The commission shall revoke the license of a licensee
who operates a riverboat upon Patoka Lake if that licensee violates
any of the following:
(1) IC 14-26-2-7.
(2) IC 14-26-2-23.
(3) IC 14-28-1. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.1-1995,
SEC.41; P.L.152-2006, SEC.1.
IC 4-33-4-20 Void licenses
Sec. 20. If the United States Army Corps of Engineers rescinds an
approval required under section 13 of this chapter, a license issued
under this article is void and the holder of the license may not
conduct or continue gambling operations under this article. As added by P.L.277-1993(ss), SEC.124.
IC 4-33-4-21 Licenses; transfer, sale, purchase, or voting trust; rules of
procedure; prohibitions
Sec. 21. (a) A licensed owner or any other person must apply for
and receive the commission's approval before:
(1) an owner's license is:
(A) transferred;
(B) sold; or
(C) purchased; or
(2) a voting trust agreement or other similar agreement is
established with respect to the owner's license.
(b) Subject to section 24 of this chapter, the commission shall
adopt rules governing the procedure a licensed owner or other person
must follow to take an action under subsection (a). The rules must
specify that a person who obtains an ownership interest in a license
must meet the criteria of this article and any rules adopted by the
commission. A licensed owner may transfer an owner's license only
in accordance with this article and rules adopted by the commission.
(c) A licensed owner or any other person may not:
(1) lease;
(2) hypothecate; or
(3) borrow or loan money against;
an owner's license.
(d) A transfer fee is imposed on a licensed owner who purchases
or otherwise acquires a controlling interest, as determined under the
rules of the commission, in a second owner's license. The fee is equal
to two million dollars ($2,000,000). The commission shall collect
and deposit a fee imposed under this subsection in the state general
fund. As added by P.L.20-1995, SEC.7. Amended by P.L.224-2003,
SEC.42; P.L.182-2009(ss), SEC.59.
IC 4-33-4-21.2 Display and maintenance of toll free telephone number
Sec. 21.2. (a) The Indiana gaming commission shall require a
licensed owner or an operating agent to conspicuously display the
number of the toll free telephone line described in IC 4-33-12-6 in
the following locations:
(1) On each admission ticket to a riverboat if tickets are issued.
(2) On a poster or placard that is on display in a public area of
each riverboat where gambling games are conducted.
(b) The toll free telephone line described in IC 4-33-12-6 must be:
(1) maintained by the division of mental health and addiction
under IC 12-23-1-6; and
(2) funded by the addiction services fund established by
IC 12-23-2-2.
(c) The commission may adopt rules under IC 4-22-2 necessary to
carry out this section. As added by P.L.54-1995, SEC.1. Amended by P.L.215-2001, SEC.5;
P.L.192-2002(ss), SEC.11; P.L.92-2003, SEC.24.
IC 4-33-4-22 Rules concerning hours of operation
Sec. 22. (a) The commission may not adopt a rule or resolution
limiting the ordinary business hours in which a licensed owner that
has implemented flexible scheduling under IC 4-33-6-21 may
conduct gambling operations.
(b) This section may not be construed to limit the commission's
power to:
(1) enforce this article under IC 4-33-4-1(a)(6),
IC 4-33-4-1(a)(7), or IC 4-33-4-8; or
(2) respond to an emergency, as determined by the commission. As added by P.L.224-2003, SEC.43. Amended by P.L.97-2004,
SEC.14.
IC 4-33-4-23 Licensed owners annual reports; incentive payments
Sec. 23. (a) An operating agent or a person holding an owner's
license must report annually to the commission the following:
(1) The total dollar amounts and recipients of incentive
payments made.
(2) Any other items related to the payments described in
subdivision (1) that the commission may require.
(b) The commission shall prescribe, with respect to the report
required by subsection (a):
(1) the format of the report;
(2) the deadline by which the report must be filed; and
(3) the manner in which the report must be maintained and
filed. As added by P.L.199-2005, SEC.1.
IC 4-33-4-24 Prohibition of fee for proposed transfer of ownership
Sec. 24. The commission may not do the following:
(1) Impose by rule a fee that is not authorized by this article on
any party to a proposed transfer of an ownership interest in a
riverboat owner's license or an operating permit.
(2) Make the commission's approval of a proposed transfer of
an ownership interest in a riverboat owner's license or an
operating permit contingent upon the payment of any amount
that is not authorized by this article. As added by P.L.182-2009(ss), SEC.60.
IC 4-33-4-24.2 Model power of attorney
Sec. 24.2. The executive director shall establish a model power of
attorney setting forth the terms and conditions under which a trustee
may conduct gambling operations on a riverboat under IC 4-33-21.
The executive director may provide a copy of the model power of
attorney to any interested party. As added by P.L.142-2009, SEC.5.
IC 4-33-4-25 Appointment of temporary trustee
Sec. 25. (a) The commission may appoint a person to serve as a
temporary trustee for a particular riverboat if the commission makes
the following findings:
(1) That circumstances requiring a trustee to assume control of
the riverboat are likely to occur.
(2) That the commission has not approved a power of attorney
identifying any other person to serve as the trustee for the
riverboat.
(3) That there is not enough time to consider and approve a
power of attorney with respect to the riverboat before the
circumstances found likely to occur under subdivision (1) will
occur.
(b) A person appointed under this section must be qualified to
perform any duty described in this section or IC 4-33-21.
(c) A trustee appointed by the commission under this section shall
serve until any of the following occurs:
(1) The commission adopts a resolution under IC 4-33-21-3
authorizing a trustee appointed by an approved power of
attorney to conduct gambling operations under IC 4-33-21 on
the riverboat.
(2) The commission revokes the trustee's authority to conduct
gambling operations under IC 4-33-21-12.
(3) A new licensed owner or operating agent assumes control of
the riverboat.
(d) A trustee appointed by the commission under this section shall
exercise the trustee's powers in accordance with:
(1) the model power of attorney established by the executive
director under section 24.2 of this chapter; and
(2) IC 4-33-21. As added by P.L.142-2009, SEC.6.
IC 4-33-4-26 Civil penalties for violations concerning a power of attorney
Sec. 26. The commission may impose a civil penalty upon a
person who:
(1) fails to submit a power of attorney before a deadline
imposed by this article;
(2) fails to take any corrective action required by the
commission with respect to a power of attorney submitted under
IC 4-33-6-2(c), IC 4-33-6-22, IC 4-33-6.5-2(c), or
IC 4-33-6.5-16; or
(3) violates any provision of this article concerning the
submission of a power of attorney identifying the person who
would serve as a trustee under the power of attorney. As added by P.L.142-2009, SEC.7.
IC 4-33-4-27 Withholding delinquent child support from winnings; fee; notice;
priority of order over other claims
Sec. 27. (a) The bureau shall provide information to a licensed
owner, an operating agent, or a trustee concerning persons who are
delinquent in child support.
(b) If a licensed owner, an operating agent, or a trustee is required
to file Form W-2G or a substantially equivalent form with the United
States Internal Revenue Service for a person who is delinquent in
child support, before payment of cash winnings to the person, the
licensed owner, operating agent, or trustee:
(1) may deduct and retain an administrative fee in the amount
of the lesser of:
(A) three percent (3%) of the amount of delinquent child
support withheld under subdivision (2)(A); or
(B) one hundred dollars ($100); and
(2) shall:
(A) withhold the amount of delinquent child support owed
from the cash winnings;
(B) transmit to the bureau:
(i) the amount withheld for delinquent child support; and
(ii) identifying information, including the full name,
address, and Social Security number of the obligor and the
child support case identifier, the date and amount of the
payment, and the name and location of the licensed owner,
operating agent, or trustee; and
(C) issue the obligor a receipt in a form prescribed by the
bureau with the total amount withheld for delinquent child
support and the administrative fee.
(c) The bureau shall notify the obligor at the address provided by
the licensed owner, operating agent, or trustee that the bureau intends
to offset the obligor's delinquent child support with the cash
winnings.
(d) The bureau shall hold the amount withheld from cash
winnings of an obligor for ten (10) business days before applying the
amount as payment to the obligor's delinquent child support.
(e) The delinquent child support required to be withheld under
this section and an administrative fee described under subsection
(b)(1) have priority over any secured or unsecured claim on cash
winnings except claims for federal or state taxes that are required to
be withheld under federal or state law. As added by P.L.80-2010, SEC.1.
IC 4-33-4
Chapter 4. Powers and Duties of Indiana Gaming Commission
IC 4-33-4-1 Administration, regulation, and enforcement of riverboat gambling
Sec. 1. (a) The commission has the following powers and duties
for the purpose of administering, regulating, and enforcing the
system of riverboat gambling established under this article:
(1) All powers and duties specified in this article.
(2) All powers necessary and proper to fully and effectively
execute this article.
(3) Jurisdiction and supervision over the following:
(A) All riverboat gambling operations in Indiana.
(B) All persons on riverboats where gambling operations are
conducted.
(4) Investigate and reinvestigate applicants and license holders
and determine the eligibility of applicants for licenses or
operating agent contracts.
(5) Select among competing applicants the applicants that
promote the most economic development in a home dock area
and that best serve the interests of the citizens of Indiana.
(6) Take appropriate administrative enforcement or disciplinary
action against a licensee or an operating agent.
(7) Investigate alleged violations of this article.
(8) Establish fees for licenses issued under this article.
(9) Adopt appropriate standards for the design, appearance,
aesthetics, and construction for riverboats and facilities.
(10) Conduct hearings.
(11) Issue subpoenas for the attendance of witnesses and
subpoenas duces tecum for the production of books, records,
and other relevant documents.
(12) Administer oaths and affirmations to the witnesses.
(13) Prescribe a form to be used by an operating agent or a
licensee involved in the ownership or management of gambling
operations as an application for employment by potential
employees.
(14) Revoke, suspend, or renew licenses issued under this
article.
(15) Hire employees to gather information, conduct
investigations, and carry out other tasks under this article.
(16) Take any reasonable or appropriate action to enforce this
article.
(b) Applicants and license holders shall reimburse the commission
for costs related to investigations and reinvestigations conducted
under subsection (a)(4). As added by P.L.277-1993(ss), SEC.124. Amended by P.L.20-1995,
SEC.5; P.L.92-2003, SEC.10.
IC 4-33-4-2 Rules
Sec. 2. The commission shall adopt rules under IC 4-22-2 for the
following purposes:
(1) Administering this article.
(2) Establishing the conditions under which riverboat gambling
in Indiana may be conducted.
(3) Providing for the prevention of practices detrimental to the
public interest and providing for the best interests of riverboat
gambling.
(4) Establishing rules concerning inspection of riverboats and
the review of the permits or licenses necessary to operate a
riverboat.
(5) Imposing penalties for noncriminal violations of this article. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.1-1995,
SEC.38; P.L.92-2003, SEC.11.
IC 4-33-4-3 Additional duties of the commission
Sec. 3. (a) The commission shall do the following:
(1) Adopt rules that the commission determines necessary to
protect or enhance the following:
(A) The credibility and integrity of gambling operations
authorized by this article.
(B) The regulatory process provided in this article.
(2) Conduct all hearings concerning civil violations of this
article.
(3) Provide for the establishment and collection of license fees
and taxes imposed under this article.
(4) Deposit the license fees and taxes in the state gaming fund
established by IC 4-33-13.
(5) Levy and collect penalties for noncriminal violations of this
article.
(6) Deposit the penalties in the state gaming fund established by
IC 4-33-13.
(7) Be present through the commission's gaming agents during
the time gambling operations are conducted on a riverboat to do
the following:
(A) Certify the revenue received by a riverboat.
(B) Receive complaints from the public.
(C) Conduct other investigations into the conduct of the
gambling games and the maintenance of the equipment that
the commission considers necessary and proper.
(8) Adopt emergency rules under IC 4-22-2-37.1 if the
commission determines that:
(A) the need for a rule is so immediate and substantial that
rulemaking procedures under IC 4-22-2-13 through
IC 4-22-2-36 are inadequate to address the need; and
(B) an emergency rule is likely to address the need.
(9) Adopt rules to establish and implement a voluntary
exclusion program that meets the requirements of subsection
(c).
(10) Establish the requirements for a power of attorney
submitted under IC 4-33-6-2(c), IC 4-33-6-22, IC 4-33-6.5-2(c),
or IC 4-33-6.5-16.
(b) The commission shall begin rulemaking procedures under
IC 4-22-2-13 through IC 4-22-2-36 to adopt an emergency rule
adopted under subsection (a)(8) not later than thirty (30) days after
the adoption of the emergency rule under subsection (a)(8).
(c) Rules adopted under subsection (a)(9) must provide the
following:
(1) Except as provided by rule of the commission, a person who
participates in the voluntary exclusion program agrees to refrain
from entering a riverboat or other facility under the jurisdiction
of the commission.
(2) That the name of a person participating in the program will
be included on a list of persons excluded from all facilities
under the jurisdiction of the commission.
(3) Except as provided by rule of the commission, a person who
participates in the voluntary exclusion program may not petition
the commission for readmittance to a facility under the
jurisdiction of the commission.
(4) That the list of patrons entering the voluntary exclusion
program and the personal information of the participants are
confidential and may only be disseminated by the commission
to the owner or operator of a facility under the jurisdiction of
the commission for purposes of enforcement and to other
entities, upon request by the participant and agreement by the
commission.
(5) That an owner of a facility under the jurisdiction of the
commission shall make all reasonable attempts as determined
by the commission to cease all direct marketing efforts to a
person participating in the program.
(6) That an owner of a facility under the jurisdiction of the
commission may not cash the check of a person participating in
the program or extend credit to the person in any manner.
However, the voluntary exclusion program does not preclude an
owner from seeking the payment of a debt accrued by a person
before entering the program. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.1-1995,
SEC.39; P.L.27-1997, SEC.2; P.L.273-1999, SEC.40; P.L.14-2000,
SEC.13; P.L.92-2003, SEC.12; P.L.143-2003, SEC.1; P.L.37-2004,
SEC.1; P.L.170-2005, SEC.3; P.L.142-2009, SEC.4.
IC 4-33-4-3.5 Employment of gaming agents
Sec. 3.5. The commission shall employ gaming agents to perform
the duties imposed by this chapter. The licensed owners and
operating agents shall, in the manner prescribed by the rules of the
commission, reimburse the commission for:
(1) the training expenses incurred to train gaming agents;
(2) the salaries and other expenses of staff required to support
the gaming agents; and
(3) the salaries and other expenses of the gaming agents
required to be present during the time gambling operations are
conducted on a riverboat. As added by P.L.53-1995, SEC.1. Amended by P.L.92-2003, SEC.13;
P.L.170-2005, SEC.4.
IC 4-33-4-3.6
Repealed
(Repealed by P.L.92-2003, SEC.63.)
IC 4-33-4-4 Entering premises of licensee
Sec. 4. The commission may enter an office, a riverboat, a facility,
or other premises of an operating agent or a person holding an
owner's, or supplier's license where evidence of the compliance or
noncompliance with this article is likely to be found. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.14.
IC 4-33-4-5 Licensing standards
Sec. 5. The commission shall adopt standards for the licensing of
the following:
(1) Persons regulated under this article.
(2) Electronic or mechanical gambling games. As added by P.L.277-1993(ss), SEC.124.
IC 4-33-4-6 Records of licensee
Sec. 6. The commission shall require that the records, including
financial statements, of an operating agent or a person holding an
owner's, or supplier's license must be maintained in the manner
prescribed by the commission. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.15.
IC 4-33-4-7 Ejection or exclusion from facilities
Sec. 7. (a) The commission may eject or exclude or authorize the
ejection or exclusion of a person from riverboat gambling facilities
if:
(1) the person's name is on the list of persons voluntarily
excluding themselves from all riverboats in a program
established under the rules of the commission;
(2) the person violates this article; or
(3) the commission determines that the person's conduct or
reputation is such that the person's presence within the riverboat
gambling facilities may:
(A) call into question the honesty and integrity of the
gambling operations; or
(B) interfere with the orderly conduct of the gambling
operations.
(b) A person, other than a person participating in a voluntary
exclusion program, may petition the commission for a hearing on the
person's ejection or exclusion under this section. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.143-2003,
SEC.2.
IC 4-33-4-8 Violations of article; fraudulent acts
Sec. 8. If a licensee, an operating agent, or an employee of a
licensee or an operating agent violates this article or engages in a
fraudulent act, the commission may do any combination of the
following:
(1) Suspend, revoke, or restrict the license of the licensee, or
suspend, revoke, or restrict the gambling operations of an
operating agent.
(2) Require the removal of a licensee or an employee of a
licensee.
(3) Impose a civil penalty of not more than five thousand dollars
($5,000) against an individual who has been issued an
occupational license for each violation of this article.
(4) Impose a civil penalty of not more than the greater of:
(A) ten thousand dollars ($10,000); or
(B) an amount equal to the licensee's or operating agent's
daily gross receipts for the day of the violation;
against an owner or operating agent for each violation of this
article.
(5) Impose a civil penalty of not more than twenty-five
thousand dollars ($25,000) against a person who has been
issued a supplier's license for each violation of this article. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.16; P.L.143-2003, SEC.3.
IC 4-33-4-9 Cashless wagering system
Sec. 9. The commission shall require an owner or operating agent
conducting gambling games to use a cashless wagering system in
which a player's money is converted to tokens, electronic cards, or
chips that may be used only for wagering on the riverboat. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.17.
IC 4-33-4-10 Cruises; regulation of routes and stops
Sec. 10. If a riverboat cruises, the commission shall authorize the
route of the riverboat and the stops, if any, that the riverboat may
make while on a cruise. As added by P.L.277-1993(ss), SEC.124. Amended by
P.L.192-2002(ss), SEC.10.
IC 4-33-4-11 Insurance
Sec. 11. The commission shall establish the minimum amount of
insurance that must be maintained by:
(1) an operating agent; or
(2) owner and supplier licensees. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.18.
IC 4-33-4-12 Alcoholic beverages
Sec. 12. Except as provided by IC 7.1-3-17.5, IC 7.1 and the rules
adopted by the alcohol and tobacco commission apply to:
(1) an operating agent; and
(2) a person holding an owner's license. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.15-1994,
SEC.2; P.L.204-2001, SEC.8; P.L.92-2003, SEC.19.
IC 4-33-4-13 Navigable waterways; determination
Sec. 13. (a) This section does not apply to a riverboat located in
a historic hotel district.
(b) After consulting with the United States Army Corps of
Engineers, the commission may do the following:
(1) Determine the waterways that are navigable waterways for
purposes of this article.
(2) Determine the navigable waterways that are suitable for the
operation of riverboats under this article.
(c) In determining the navigable waterways on which riverboats
may operate, the commission shall do the following:
(1) Obtain any required approvals from the United States Army
Corps of Engineers for the operation of riverboats on those
waterways.
(2) Consider the economic benefit that riverboat gambling
provides to Indiana.
(3) Seek to ensure that all regions of Indiana share in the
economic benefits of riverboat gambling. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.1-1995,
SEC.40; P.L.92-2003, SEC.20.
IC 4-33-4-14 Navigable waterways; extreme circumstances
Sec. 14. The commission may adopt emergency orders under
IC 4-21.5-4 concerning navigability of waterways for extreme
weather conditions or other extreme circumstances. As added by P.L.277-1993(ss), SEC.124. IC 4-33-4-15 Annual duties of gaming commission
Sec. 15. The commission shall annually do the following:
(1) Review the patterns of wagering and wins and losses by
persons on riverboat gambling operations under this article.
(2) Make recommendations to the governor and the general
assembly concerning whether limits on wagering losses should
be imposed. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.21.
IC 4-33-4-16 Investigative procedures; complaints
Sec. 16. (a) The commission shall review and make a
determination on a complaint by an operating agent or a person who
has been issued an owner's license concerning an investigative
procedure that the licensee alleges is unnecessarily disruptive of
gambling operations.
(b) A licensee or an operating agent filing a complaint under this
section must prove all of the following by clear and convincing
evidence:
(1) The investigative procedure had no reasonable law
enforcement purpose.
(2) The investigative procedure was so disruptive as to
unreasonably inhibit gambling operations.
(c) For purposes of this section, the need to inspect and
investigate a licensee or an operating agent shall be presumed at all
times. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.22.
IC 4-33-4-17 Licenses; application; denial; suspensions; revocation; restriction
or refusal to renew; hearings
Sec. 17. (a) The commission shall decide promptly and in
reasonable order all license applications.
(b) Notwithstanding any provision of this article, no owner's
license may be granted for any riverboat that is not to be docked in
the city described under IC 4-33-6-1(a)(1) until the earlier of:
(1) the issuance of an owner's license for a riverboat that is to
be docked in the city described under IC 4-33-6-1(a)(1); or
(2) September 1, 1994.
(c) A party aggrieved by an action of the commission denying,
suspending, revoking, restricting, or refusing the renewal of a license
may request a hearing before the commission. A request for a hearing
must be made to the commission in writing not more than ten (10)
days after service of notice of the action of the commission.
(d) The commission shall serve notice of the commission's actions
to a party by personal delivery or by certified mail. Notice served by
certified mail is considered complete on the business day following
the date of the mailing.
(e) The commission shall conduct all requested hearings promptly
and in reasonable order. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.1-1994,
SEC.13; P.L.92-2003, SEC.23.
IC 4-33-4-18 Background investigations
Sec. 18. (a) The state police department may assist the
commission in conducting background investigations of applicants.
The commission may forward all fingerprints required to be
submitted by license applicants under IC 4-33 to the Federal Bureau
of Investigation or any other agency for the purpose of screening
applicants. The commission shall reimburse the state police
department for the costs incurred by the state police department as a
result of the assistance. The commission shall make the payment
from fees collected from applicants.
(b) The commission through its gaming agents shall conduct
background investigations of applicants. Costs incurred conducting
the investigations must be paid from fees collected from applicants. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.261-2003,
SEC.4; P.L.170-2005, SEC.5.
IC 4-33-4-19 Revocation of licenses
Sec. 19. The commission shall revoke the license of a licensee
who operates a riverboat upon Patoka Lake if that licensee violates
any of the following:
(1) IC 14-26-2-7.
(2) IC 14-26-2-23.
(3) IC 14-28-1. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.1-1995,
SEC.41; P.L.152-2006, SEC.1.
IC 4-33-4-20 Void licenses
Sec. 20. If the United States Army Corps of Engineers rescinds an
approval required under section 13 of this chapter, a license issued
under this article is void and the holder of the license may not
conduct or continue gambling operations under this article. As added by P.L.277-1993(ss), SEC.124.
IC 4-33-4-21 Licenses; transfer, sale, purchase, or voting trust; rules of
procedure; prohibitions
Sec. 21. (a) A licensed owner or any other person must apply for
and receive the commission's approval before:
(1) an owner's license is:
(A) transferred;
(B) sold; or
(C) purchased; or
(2) a voting trust agreement or other similar agreement is
established with respect to the owner's license.
(b) Subject to section 24 of this chapter, the commission shall
adopt rules governing the procedure a licensed owner or other person
must follow to take an action under subsection (a). The rules must
specify that a person who obtains an ownership interest in a license
must meet the criteria of this article and any rules adopted by the
commission. A licensed owner may transfer an owner's license only
in accordance with this article and rules adopted by the commission.
(c) A licensed owner or any other person may not:
(1) lease;
(2) hypothecate; or
(3) borrow or loan money against;
an owner's license.
(d) A transfer fee is imposed on a licensed owner who purchases
or otherwise acquires a controlling interest, as determined under the
rules of the commission, in a second owner's license. The fee is equal
to two million dollars ($2,000,000). The commission shall collect
and deposit a fee imposed under this subsection in the state general
fund. As added by P.L.20-1995, SEC.7. Amended by P.L.224-2003,
SEC.42; P.L.182-2009(ss), SEC.59.
IC 4-33-4-21.2 Display and maintenance of toll free telephone number
Sec. 21.2. (a) The Indiana gaming commission shall require a
licensed owner or an operating agent to conspicuously display the
number of the toll free telephone line described in IC 4-33-12-6 in
the following locations:
(1) On each admission ticket to a riverboat if tickets are issued.
(2) On a poster or placard that is on display in a public area of
each riverboat where gambling games are conducted.
(b) The toll free telephone line described in IC 4-33-12-6 must be:
(1) maintained by the division of mental health and addiction
under IC 12-23-1-6; and
(2) funded by the addiction services fund established by
IC 12-23-2-2.
(c) The commission may adopt rules under IC 4-22-2 necessary to
carry out this section. As added by P.L.54-1995, SEC.1. Amended by P.L.215-2001, SEC.5;
P.L.192-2002(ss), SEC.11; P.L.92-2003, SEC.24.
IC 4-33-4-22 Rules concerning hours of operation
Sec. 22. (a) The commission may not adopt a rule or resolution
limiting the ordinary business hours in which a licensed owner that
has implemented flexible scheduling under IC 4-33-6-21 may
conduct gambling operations.
(b) This section may not be construed to limit the commission's
power to:
(1) enforce this article under IC 4-33-4-1(a)(6),
IC 4-33-4-1(a)(7), or IC 4-33-4-8; or
(2) respond to an emergency, as determined by the commission. As added by P.L.224-2003, SEC.43. Amended by P.L.97-2004,
SEC.14.
IC 4-33-4-23 Licensed owners annual reports; incentive payments
Sec. 23. (a) An operating agent or a person holding an owner's
license must report annually to the commission the following:
(1) The total dollar amounts and recipients of incentive
payments made.
(2) Any other items related to the payments described in
subdivision (1) that the commission may require.
(b) The commission shall prescribe, with respect to the report
required by subsection (a):
(1) the format of the report;
(2) the deadline by which the report must be filed; and
(3) the manner in which the report must be maintained and
filed. As added by P.L.199-2005, SEC.1.
IC 4-33-4-24 Prohibition of fee for proposed transfer of ownership
Sec. 24. The commission may not do the following:
(1) Impose by rule a fee that is not authorized by this article on
any party to a proposed transfer of an ownership interest in a
riverboat owner's license or an operating permit.
(2) Make the commission's approval of a proposed transfer of
an ownership interest in a riverboat owner's license or an
operating permit contingent upon the payment of any amount
that is not authorized by this article. As added by P.L.182-2009(ss), SEC.60.
IC 4-33-4-24.2 Model power of attorney
Sec. 24.2. The executive director shall establish a model power of
attorney setting forth the terms and conditions under which a trustee
may conduct gambling operations on a riverboat under IC 4-33-21.
The executive director may provide a copy of the model power of
attorney to any interested party. As added by P.L.142-2009, SEC.5.
IC 4-33-4-25 Appointment of temporary trustee
Sec. 25. (a) The commission may appoint a person to serve as a
temporary trustee for a particular riverboat if the commission makes
the following findings:
(1) That circumstances requiring a trustee to assume control of
the riverboat are likely to occur.
(2) That the commission has not approved a power of attorney
identifying any other person to serve as the trustee for the
riverboat.
(3) That there is not enough time to consider and approve a
power of attorney with respect to the riverboat before the
circumstances found likely to occur under subdivision (1) will
occur.
(b) A person appointed under this section must be qualified to
perform any duty described in this section or IC 4-33-21.
(c) A trustee appointed by the commission under this section shall
serve until any of the following occurs:
(1) The commission adopts a resolution under IC 4-33-21-3
authorizing a trustee appointed by an approved power of
attorney to conduct gambling operations under IC 4-33-21 on
the riverboat.
(2) The commission revokes the trustee's authority to conduct
gambling operations under IC 4-33-21-12.
(3) A new licensed owner or operating agent assumes control of
the riverboat.
(d) A trustee appointed by the commission under this section shall
exercise the trustee's powers in accordance with:
(1) the model power of attorney established by the executive
director under section 24.2 of this chapter; and
(2) IC 4-33-21. As added by P.L.142-2009, SEC.6.
IC 4-33-4-26 Civil penalties for violations concerning a power of attorney
Sec. 26. The commission may impose a civil penalty upon a
person who:
(1) fails to submit a power of attorney before a deadline
imposed by this article;
(2) fails to take any corrective action required by the
commission with respect to a power of attorney submitted under
IC 4-33-6-2(c), IC 4-33-6-22, IC 4-33-6.5-2(c), or
IC 4-33-6.5-16; or
(3) violates any provision of this article concerning the
submission of a power of attorney identifying the person who
would serve as a trustee under the power of attorney. As added by P.L.142-2009, SEC.7.
IC 4-33-4-27 Withholding delinquent child support from winnings; fee; notice;
priority of order over other claims
Sec. 27. (a) The bureau shall provide information to a licensed
owner, an operating agent, or a trustee concerning persons who are
delinquent in child support.
(b) If a licensed owner, an operating agent, or a trustee is required
to file Form W-2G or a substantially equivalent form with the United
States Internal Revenue Service for a person who is delinquent in
child support, before payment of cash winnings to the person, the
licensed owner, operating agent, or trustee:
(1) may deduct and retain an administrative fee in the amount
of the lesser of:
(A) three percent (3%) of the amount of delinquent child
support withheld under subdivision (2)(A); or
(B) one hundred dollars ($100); and
(2) shall:
(A) withhold the amount of delinquent child support owed
from the cash winnings;
(B) transmit to the bureau:
(i) the amount withheld for delinquent child support; and
(ii) identifying information, including the full name,
address, and Social Security number of the obligor and the
child support case identifier, the date and amount of the
payment, and the name and location of the licensed owner,
operating agent, or trustee; and
(C) issue the obligor a receipt in a form prescribed by the
bureau with the total amount withheld for delinquent child
support and the administrative fee.
(c) The bureau shall notify the obligor at the address provided by
the licensed owner, operating agent, or trustee that the bureau intends
to offset the obligor's delinquent child support with the cash
winnings.
(d) The bureau shall hold the amount withheld from cash
winnings of an obligor for ten (10) business days before applying the
amount as payment to the obligor's delinquent child support.
(e) The delinquent child support required to be withheld under
this section and an administrative fee described under subsection
(b)(1) have priority over any secured or unsecured claim on cash
winnings except claims for federal or state taxes that are required to
be withheld under federal or state law. As added by P.L.80-2010, SEC.1.
