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TITLE 68 INDIANA GAMING COMMISSION

Proposed Rule
LSA Document #06-190

DIGEST

Amends 68 IAC 1-7-1 to replace the term "commission" with the term "enforcement" and remove references to "riverboat excursions". Adds 68 IAC 1-7-2 allowing the Commission or the executive director to waive, restrict, or alter any requirement or procedure set forth in the rule. Effective 30 days after filing with the Publisher.




SECTION 1. 68 IAC 1-7-1 IS AMENDED TO READ AS FOLLOWS:

68 IAC 1-7-1 Weapons on the riverboat

Authority: IC 4-33-4-1; IC 4-33-4-2; IC 4-33-4-3


Sec. 1. (a) The following definitions apply throughout this rule:
(1) "Federal enforcement officer" has the meaning set forth in 5 U.S.C. 8331 or IC 35-41-1-17, or both.
(2) "Law enforcement officer" has the meaning set forth in IC 35-41-1-17.
(3) "Security personnel" means an employee of the riverboat licensee or a supplier licensee who:
(A) holds the appropriate level of occupational license under IC 4-33-8 and 68 IAC 2-3; and
(B) is employed in the riverboat licensee's security department or by a supplier licensee that contractually provides security services to a riverboat licensee.

(b) No individual other than a commission an enforcement agent shall carry a weapon on board the riverboat. during any excursion. A law enforcement officer or a federal enforcement officer:
(1) whose sole purpose for being on the riverboat is the performance of official duties; and
(2) who has advised the commission enforcement agent or the commission that the officer will be on board the riverboat; during an excursion
shall be allowed to carry a weapon on board the riverboat. during an excursion.

(c) The riverboat licensee shall post a sign in a prominent place at the point of passenger ingress stating, "No weapons are allowed beyond this point. Failure to comply with this rule may result in the immediate removal from the riverboat, immediate detention by security personnel, the imposition of civil penalties, or exclusion under IC 4-33.".

(d) The riverboat licensee shall provide a secure place to which patrons do not have access to store weapons checked by:
(1) patrons;
(2) off duty law enforcement officers; or
(3) off duty federal enforcement officers.

(e) Security personnel may carry a weapon on board the riverboat during times that patrons are not present.
(Indiana Gaming Commission; 68 IAC 1-7-1; filed Jun 23, 1995, 2:30 p.m.: 18 IR 2649; readopted filed Oct 15, 2001, 4:34 p.m.: 25 IR 898)


SECTION 2. 68 IAC 1-7-2 IS ADDED TO READ AS FOLLOWS:

68 IAC 1-7-2 Waiver of requirements

Authority: IC 4-33-4-1; IC 4-33-4-2; IC 4-33-4-3
Affected: IC 4-33


Sec. 2. The executive director or the commission may waive, restrict, or alter any requirement or procedure set forth in this rule if the executive director or the commission determines that the requirement or procedure is impractical or burdensome and the waiver, restriction, or alteration:
(1) is in the best interest of the public and the gaming industry; and
(2) does not defeat the purpose of this rule.
(Indiana Gaming Commission; 68 IAC 1-7-2)



Posted: 08/23/2006 by Legislative Services Agency

DIN: 20060823-IR-068060190PRA
Composed: Apr 26,2024 3:14:43AM EDT
A PDF version of this document.