Sec. 1. (a) A manufacturer or distributor of associated equipment shall not distribute associated equipment to riverboat licensees or operating agents unless it has been approved by the executive director.
(c) The following definitions apply throughout this rule:
(1) "Associated equipment" means any of the following:
(A) Any equipment, mechanical, electromechanical, or electronic contrivance, component, or machine used remotely or directly in connection with gaming.
(B) Any game that would not otherwise be classified as a gaming device, including, but not limited to, links that connect to progressive electronic gaming devices.
(C) Computerized systems that monitor electronic gaming devices.
(D) Equipment that affects the proper reporting of gross revenue.
(E) Devices for weighing and counting money.
(F) Patron counting systems.
(F) (G) Any other equipment that the commission determines requires approval as associated equipment to ensure compliance with the Act and this title.
(2) "Riverboat license applicant" means an applicant for a riverboat owner's license that has been issued a certificate of suitability under
68 IAC 2-1-5.
Sec. 2.
(a) Admissions to the riverboat
must shall be conducted in the following manner:
(1) Should a riverboat licensee
or operating agent choose not to observe flexible scheduling, the requirements are as follows:
(A) The embarkation period for each gaming excursion may not exceed a period of thirty (30) minutes.
(B) The disembarkation period for each gaming excursion may not exceed a period of thirty (30) minutes. During the disembarkation period, no new patrons shall be allowed to board the riverboat.
(C) The riverboat licensee
or operating agent may allow patrons to disembark during the embarkation period for the next gaming excursion or at any time that the riverboat remains at the dock and gambling continues in accordance with
IC 4-33-9-2. The riverboat licensee
or operating agent is responsible for ensuring it is in compliance with subdivision (10) at all times. The admissions tax
must shall be paid by the patron,
or the riverboat licensee,
or the operating agent for any patron who disembarks:
(i) during the embarkation period for the next gaming excursion; or
(ii) at any time during a gaming excursion after the conclusion of the thirty (30) minute disembarkation period.
(D) The admissions tax must shall be paid by the carryover patron, or the riverboat licensee, or the operating agent for each excursion that a patron remains on board.
(2) Should a riverboat licensee
or operating agent choose to observe flexible scheduling, the:
(A) embarkation and disembarkation are not limited to any period; and
(B) patrons shall be allowed to board or exit at will.
(3) Whether or not a riverboat licensee
or operating agent chooses to observe flexible scheduling:
(A) all patrons boarding or exiting the riverboat must shall pass through a turnstile or other an approved patron counting equipment; system; and
(B) the riverboat licensee or operating agent is responsible for ensuring that the turnstile or equivalent approved patron counting system keeps an accurate count of the patrons who board enter and exit the riverboat. and
(C) if a patron exits the riverboat and passes through a turnstile or the equivalent, the patron may not reenter the riverboat until the patron:
(i) pays whatever boarding fee is required of a patron boarding for the first time; or
(ii) is issued a complimentary pass by the riverboat licensee.
For purposes of this rule, "accurate count" means not less than an average of ninety-seven percent (97%) accuracy.
(4) Should a riverboat licensee or operating agent choose not to observe flexible scheduling, a passenger patron count must shall be completed for each gambling excursion.
(5) Should a riverboat licensee or operating agent choose to observe flexible scheduling, a passenger patron count must shall be completed for the gaming day.
(6) Should a riverboat licensee
or operating agent choose to observe twenty-four (24) hour gaming, a
passenger patron count
must shall be computed at the end of each gaming day and shall include those patrons remaining on board the riverboat at the time of each new gaming day. The following four (4) counts will be recorded at the close of the gaming day:
(A) If applicable, the actual admissions ticket count.
(B) The patron ingress turnstile count.
(C) The patron egress turnstile count.
(D) If applicable, the total onboard count.
At the close of the gaming day, boarding and exiting will be momentarily suspended to allow for the recording of the meters and the taking of the turnstile patron counts. The onboard count shall be added to the new gaming day's ingress turnstile patron count. The recording, resetting, and onboard additions to the ingress turnstile patron count shall be completed in the presence of and observed by an enforcement agent. For admission tax reporting for twenty-four (24) hour gaming, the count shall be adjusted to account for and include the onboard count.
(7) The riverboat licensee
or operating agent shall submit
passenger a patron count
procedures plan to the executive director at least sixty (60) days before the commencement of gambling operations.
The riverboat licensee or operating agent shall submit changes to its patron count plan to the executive director at least thirty (30) days before any change goes into effect. The
passenger patron count
procedures plan shall include, but not be limited to, the following:
(A) A description of the type of equipment primary system that will be utilized to complete a patron count.
(B) The form that will be utilized to report the patron count.
(C) The procedure that will be utilized to ensure patron boarding occurs only during the appropriate embarkation period should a riverboat licensee or operating agent choose not to observe flexible scheduling.
(D) Emergency procedures A description of the secondary system referenced in subsection (c) that will be utilized to complete a patron count in case the primary patron counting equipment system malfunctions or fails.
(E) The manner in which the riverboat licensee
or operating agent will ensure that the total number of
passengers patrons does not exceed the capacity of the riverboat as set forth in the:
(i) certificate of inspection issued by the United States Coast Guard; or
(ii) certificate of compliance issued by the commission under IC 4-33-6-6.
(F) Any other information deemed necessary by the executive director or the commission to ensure compliance with the Act and this title.
(8) The riverboat licensee or operating agent shall notify the enforcement agent immediately if the primary patron counting system malfunctions or fails.
(9) The following individuals are entitled to a tax-free pass and do not have to pass through the patron counting
equipment system when boarding the riverboat:
(A) Occupational licensees. of the riverboat licensee.
(B) Other employees of the riverboat licensee or operating agent who are boarding the riverboat in the performance of official duties.
(C) Commission:
(i) members;
(ii) staff; and
(iii) agents.
(D) Official guests approved by commission:
(i) members;
(ii) staff; and
(iii) agents.
(E) Vendors who have completed the appropriate vendor log in accordance with section 4 of this rule.
(F) Any other person authorized by the executive director or the commission to ensure compliance with the Act and this title.
(10) All persons boarding the riverboat on a tax-free pass must shall have an appropriate badge.
(11) At no time shall the riverboat licensee
or operating agent allow the total number of passengers to exceed the capacity of the riverboat as set forth in the:
(A) certificate of inspection issued by the United States Coast Guard; or
(B) certificate of compliance issued by the commission under IC 4-33-6-6.
(d) All mechanical or electronic patron counting systems used by a riverboat licensee or an operating agent shall be approved by the executive director prior to implementation. The riverboat licensee or operating agent shall provide the following information to the executive director for purposes of approval:
(1) Documentation illustrating the riverboat licensee's or operating agent's due diligence in establishing that the patron counting system meets or exceeds a minimum average of ninety-seven percent (97%) accuracy. This information shall include, but not be limited to, evidence that the patron counting system:
(A) has been subject to a field test, conducted by an independent lab designated by the executive director, at the appropriate riverboat; and
(B) meets minimum accuracy standards during peak and nonpeak hours.
(2) Information regarding the riverboat licensee's or operating agent's patron counting system plan, including the following:
(A) Security measures.
(B) Procedures for controlling ingress and egress onto the riverboat property.
(C) Procedures for controlling riverboat capacity.
(D) A description of the secondary system required by subsection (c).
(3) Evidence demonstrating the riverboat licensee's or operating agent's ability to continually verify the accuracy of the patron counting system on an ongoing basis and documentation illustrating the testing methodology is consistent with the standards established by an independent lab as required by subsection (c).
(4) Any other information deemed necessary by the commission to ensure compliance with the Act and this title.