|
|
|
IC 4-32.2-5-1
Criminal gambling statutes inapplicable to allowable events
Sec. 1. IC 35-45-5 does not apply to a person who conducts,
participates in, or receives a prize in an allowable event.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-5-1.5
Designation of operator
Sec. 1.5. For each allowable event conducted under this article, a
qualified organization shall designate an individual to serve as the
operator of the allowable event. An individual designated under this
section must be qualified to serve as an operator under this article.
As added by P.L.95-2008, SEC.8.
IC 4-32.2-5-2
Management and conduct of events
Sec. 2. A qualified organization may not contract or otherwise
enter into an agreement with an individual, a corporation, a
partnership, a limited liability company, or other association to
conduct an allowable event for the benefit of the organization. A
qualified organization shall use only operators and workers meeting
the requirements of this chapter to manage and conduct an allowable
event.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-5-3
Use and determination of net proceeds
Sec. 3. (a) All net proceeds from an allowable event and related
activities may be used only for the lawful purposes of the qualified
organization.
(b) To determine the net proceeds from an allowable event, a
qualified organization shall subtract the following from the gross
receipts received from the allowable event:
(1) An amount equal to the total value of the prizes, including
door prizes, awarded at the allowable event.
(2) The sum of the purchase prices paid for licensed supplies
dispensed at the allowable event.
(3) An amount equal to the qualified organization's license fees
attributable to the allowable event.
(4) An amount equal to the advertising expenses incurred by the
qualified organization to promote the allowable event.
(5) An amount not to exceed two hundred dollars ($200) per
day for rent paid for facilities leased for an allowable event.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.30.
IC 4-32.2-5-5
Financial records; deposit of funds; payment of expenses; audits
Sec. 5. (a) A qualified organization shall maintain accurate
records of all financial aspects of an allowable event under this
article. A qualified organization shall make accurate reports of all
financial aspects of an allowable event to the commission within the
time established by the commission. The commission may prescribe
forms for this purpose. The commission shall, by rule, require a
qualified organization to deposit funds received from an allowable
event in a separate and segregated account set up for that purpose.
All expenses of the qualified organization with respect to an
allowable event shall be paid from the separate account.
(b) The commission may require a qualified organization to
submit any records maintained under this section for an independent
audit by a certified public accountant selected by the commission. A
qualified organization must bear the cost of any audit required under
this section.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.31.
IC 4-32.2-5-6
Event limit
Sec. 6. (a) Except as provided in IC 4-32.2-4-9 and
IC 4-32.2-4-16.5, a qualified organization may not conduct more than
three (3) allowable events during a calendar week and not more than
one (1) allowable event each day.
(b) Except as provided in IC 4-32.2-4-9, IC 4-32.2-4-12, and
IC 4-32.2-4-16.5, allowable events may not be held on more than two
(2) consecutive days.
(c) A qualified organization may conduct one (1) additional
festival event during each six (6) months of a calendar year.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.32; P.L.95-2008, SEC.9.
IC 4-32.2-5-7
Repealed
(Repealed by P.L.227-2007, SEC.70.)
IC 4-32.2-5-9
Restriction on events at same location
Sec. 9. Not more than one (1) qualified organization may conduct
an allowable event on the same day at the same location.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-5-10
Prohibition on felons as operators and workers; exceptions
Sec. 10. An operator or a worker may not be a person who has
been convicted of or entered a plea of nolo contendere to a felony
committed in the preceding ten (10) years, regardless of the
adjudication, unless the commission determines that:
(1) the person has been pardoned or the person's civil rights
have been restored; or
(2) after the conviction or entry of the plea, the person has
engaged in the kind of good citizenship that would reflect well
upon the integrity of the qualified organization and the
commission.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-5-11
Prohibition on commission employees and relatives as operators or
workers
Sec. 11. An employee of the commission or a relative living in the
same household with the employee of the commission may not be an
operator or a worker.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-5-12
Remuneration of operators, workers, and certain employees
Sec. 12. (a) Except as provided in subsection (b) or (c), an
operator or a worker who is not a full-time employee may not receive
remuneration for:
(1) conducting; or
(2) assisting in conducting;
an allowable event.
(b) A qualified organization that conducts an allowable event
may:
(1) provide meals for the operators and workers during the
allowable event; and
(2) provide recognition dinners and social events for the
operators and workers;
if the value of the meals and social events does not constitute a
significant inducement to participate in the conduct of the allowable
event.
(c) In the case of a qualified organization holding a PPT license,
any employee of the qualified organization may:
(1) participate in the sale and redemption of pull tabs,
punchboards, and tip boards on the premises of the qualified
organization; and
(2) receive the remuneration ordinarily provided to the
employee in the course of the employee's employment.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.34.
IC 4-32.2-5-13
Operators limited to one organization
Sec. 13. An individual may not be an operator for more than one
(1) qualified organization during a calendar month. If an individual
has previously served as an operator for another qualified
organization, the commission may require additional information
concerning the proposed operator to satisfy the commission that the
individual is a bona fide member of the qualified organization.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-5-14
Participation of operators and workers in events; dealing by
patrons in euchre
Sec. 14. (a) An operator or a worker may not directly or indirectly
participate, other than in a capacity as an operator or a worker, in an
allowable event that the operator or worker is conducting.
(b) A patron at a charity game night may deal the cards in a card
game if:
(1) the card game in which the patron deals the cards is a game
of euchre;
(2) the patron deals the cards in the manner required in the
ordinary course of the game of euchre; and
(3) the euchre game is played under the supervision of the
qualified organization conducting the charity game night in
accordance with rules adopted by the commission under
IC 4-32.2-3-3.
A patron who deals the cards in a euchre game conducted under this
subsection is not considered a worker or an operator for purposes of
this article.
As added by P.L.91-2006, SEC.3. Amended by P.L.95-2008, SEC.10.
IC 4-32.2-5-16
Worker membership requirement; exception; shared revenues
Sec. 16. (a) Except as provided in section 12(c) of this chapter and
subsection (b), a worker must be a member in good standing of a
qualified organization that is conducting an allowable event for at
least thirty (30) days at the time of the allowable event.
(b) A qualified organization may allow an individual who is not
a member of the qualified organization to participate in an allowable
event as a worker if the individual is a full-time employee of the
qualified organization that is conducting the allowable event or if:
(1) the individual is a member of another qualified organization;
and
(2) the individual's participation is approved by the commission.
A qualified organization may apply to the commission on a form
prescribed by the commission for approval of the participation of a
nonmember under this subsection. A qualified organization may
share the proceeds of an allowable event with the qualified
organization in which a worker participating in the allowable event
under this subsection is a member. The tasks that will be performed
by an individual participating in an allowable event under this
subsection and the amounts shared with the individual's qualified
organization must be described in the application and approved by
the commission.
(c) For purposes of:
(1) the licensing requirements of this article; and
(2) section 9 of this chapter;
a qualified organization that receives a share of the proceeds of an
allowable event described in subsection (b) is not considered to be
conducting an allowable event.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.35.
IC 4-32.2-5-17
Bingo event prize limits
Sec. 17. (a) The prize for one (1) bingo game may not have a
value of more than one thousand dollars ($1,000).
(b) Except as provided in subsection (c), the total prizes permitted
at one (1) bingo event may not have a value of more than six
thousand dollars ($6,000).
(c) The commission may, by express authorization, allow any
qualified organization to conduct two (2) bingo events each year at
which the total prizes for the bingo event may not exceed ten
thousand dollars ($10,000). Bingo events authorized under this
subsection may be conducted at a festival conducted under
IC 4-32.2-4-12.
(d) The proceeds of the sale of pull tabs, punchboards, and tip
boards are not included in the total prize limit at a bingo event.
(e) The value of all door prizes awarded at a bingo event may not
have a value of more than one thousand five hundred dollars
($1,500).
As added by P.L.91-2006, SEC.3.
IC 4-32.2-5-18
Raffle event prize limits
Sec. 18. (a) The total prizes for a raffle event conducted at another
allowable event may not have a value of more than five thousand
dollars ($5,000). However, the commission may, by express
authorization, allow a qualified organization to conduct one (1) raffle
event at another allowable event each year at which the total prizes
for the raffle event may not exceed twenty-five thousand dollars
($25,000). The sale of pull tabs, punchboards, and tip boards is not
included in the total prize limit at a raffle event.
(b) The value of all door prizes awarded at a raffle event may not
have a value of more than one thousand five hundred dollars
($1,500).
(c) The prize limits set forth in subsection (a) do not apply to a
raffle event that is not conducted at another allowable event.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-5-19
Door prize event prize limits
Sec. 19. The total prizes for a door prize event may not have a
value of more than five thousand dollars ($5,000). However, the
commission may, by express authorization, allow a qualified
organization to conduct one (1) door prize event each year at which
the total prizes for the door prize event may not exceed twenty
thousand dollars ($20,000). The proceeds of the sale of pull tabs,
punchboards, and tip boards are not included in the total prize limit
at a door prize event.
As added by P.L.91-2006, SEC.3.
IC 4-32.2-5-20
Pull tab, punchboard, and tip board prize limits; selling prices
Sec. 20. (a) The total prizes awarded for one (1) pull tab,
punchboard, or tip board game may not exceed five thousand dollars
($5,000).
(b) A single prize awarded for one (1) winning ticket in a pull tab,
punchboard, or tip board game may not exceed five hundred
ninety-nine dollars ($599).
(c) The selling price for one (1) ticket for a pull tab, punchboard,
or tip board game may not exceed one dollar ($1).
As added by P.L.91-2006, SEC.3.
IC 4-32.2-5-22
Restrictions on employees, officers, and owners of manufacturers
and distributors
Sec. 22. An employee, officer, or owner of a manufacturer or
distributor is prohibited from participating in or affiliating in any
way with the charity gaming operations of a qualified organization
of which the employee, officer, or owner is a member.
As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.36.
IC 4-32.2-5-23
Radio advertising
Sec. 23. An advertisement for an allowable event in radio
broadcast media must announce, within the advertisement, the name
of the qualified organization conducting the allowable event and that
the qualified organization's license number is on file.
As added by P.L.91-2006, SEC.3.