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IC 4-33-6.5-2
Applicant requirements for an operating agent contract
Sec. 2. (a) A person, including a person who holds or has an
interest in an owner's license issued under this article, may file an
application with the commission to serve as an operating agent under
this chapter. An applicant must pay a nonrefundable application fee
to the commission in an amount to be determined by the commission.
(b) An applicant must submit the following on forms provided by
the commission:
(1) If the applicant is an individual, two (2) sets of the
individual's fingerprints.
(2) If the applicant is not an individual, two (2) sets of
fingerprints for each officer and director of the applicant.
(c) This subsection applies to an applicant who applies after May
12, 2009, to serve as an operating agent under this chapter. An
applicant shall submit for the approval of the commission a written
power of attorney identifying the person who, if approved by the
commission, would serve as the applicant's trustee to operate the
riverboat. The power of attorney submitted under this subsection
must:
(1) be executed in the manner required by IC 30-5;
(2) describe the powers that may be delegated to the proposed
trustee;
(3) conform with the requirements established by the
commission under IC 4-33-4-3(a)(10); and
(4) be submitted on the date that the applicant pays the
application fee described in subsection (a).
(d) The commission shall review the applications filed under this
chapter and shall inform each applicant of the commission's decision.
(e) The costs of investigating an applicant to serve as an operating
agent under this chapter shall be paid from the application fee paid
by the applicant.
(f) An applicant to serve as an operating agent under this chapter
must pay all additional costs that are:
(1) associated with the investigation of the applicant; and
(2) greater than the amount of the application fee paid by the
applicant.
As added by P.L.92-2003, SEC.31. Amended by P.L.142-2009,
SEC.10; P.L.1-2010, SEC.9.
IC 4-33-6.5-4
Factors considered in granting operating agent contract;
submission of proposed riverboat design
Sec. 4. In determining whether to grant an operating agent
contract to an applicant, the commission shall consider the following:
(1) The character, reputation, experience, and financial integrity
of the following:
(A) The applicant.
(B) A person that:
(i) directly or indirectly controls the applicant; or
(ii) is directly or indirectly controlled by the applicant or
by a person that directly or indirectly controls the
applicant.
(2) The facilities or proposed facilities for the conduct of
riverboat gambling in a historic hotel district. The applicant
must submit to the commission a proposed design of the
riverboat.
(3) The highest prospective total revenue to be collected by the
state from the conduct of riverboat gambling.
(4) The good faith affirmative action plan of each applicant to
recruit, train, and upgrade minorities in all employment
classifications.
(5) The financial ability of the applicant to purchase and
maintain adequate liability and casualty insurance.
(6) Whether the applicant has adequate capitalization to operate
a riverboat for the duration of the contract.
(7) The extent to which the applicant provides assurances that
the applicant will participate in the funding of:
(A) specific economic development programs; or
(B) infrastructure improvements;
in the county where the riverboat is located.
(8) The extent to which the applicant exceeds or meets other
standards adopted by the commission.
IC 4-33-6.5-6
Bond
Sec. 6. (a) An operating agent must post a bond with the
commission at least sixty (60) days before the commencement of
regular riverboat operations in the historic hotel district.
(b) The bond must be furnished in:
(1) cash or negotiable securities;
(2) a surety bond:
(A) with a surety company approved by the commission; and
(B) guaranteed by a satisfactory guarantor; or
(3) an irrevocable letter of credit issued by a banking institution
of Indiana acceptable to the commission.
(c) If a bond is furnished in cash or negotiable securities, the
principal shall be placed without restriction at the disposal of the
commission, but income inures to the benefit of the operating agent.
IC 4-33-6.5-8
Maximum number of riverboats operated by operating agent
Sec. 8. An operating agent contract under this chapter permits the
operating agent to operate one (1) riverboat on behalf of the
commission.
As added by P.L.92-2003, SEC.31.
IC 4-33-6.5-9
Other licenses
Sec. 9. An operating agent may apply to the commission for and
may hold licenses that are necessary for the operation of a riverboat,
including the following:
(1) A license to prepare and serve food for human consumption.
(2) Any other necessary license.
As added by P.L.92-2003, SEC.31.
IC 4-33-6.5-10
Equipment of operating agent; annual inventory report
Sec. 10. An operating agent may own gambling equipment,
devices, and supplies. Each operating agent must file an annual
report listing the operating agent's inventories of gambling
equipment, devices, and supplies.
As added by P.L.92-2003, SEC.31.
IC 4-33-6.5-11
Schools for training occupational licensees
Sec. 11. This article does not prohibit an operating agent from
operating a school for the training of occupational licensees.
As added by P.L.92-2003, SEC.31.
IC 4-33-6.5-12
Operating agent contract, transfer, sale, purchase, or voting trust;
rules of procedure; prohibitions
Sec. 12. (a) An operating agent must apply for and receive the
commission's approval before:
(1) an operating agent's contract is:
(A) transferred;
(B) sold; or
(C) purchased; or
(2) a voting trust agreement or other similar agreement is
established with respect to the operating agent.
(b) The commission shall adopt rules governing the procedure an
operating agent 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 an operating agent contract must meet the
criteria of this article and any rules adopted by the commission. An
operating agent may transfer an interest in an operating agent
contract only in accordance with this article and rules adopted by the
commission.
(c) An operating agent or any other person may not:
(1) lease;
(2) hypothecate; or
(3) borrow or loan money against;
an operating agent contract.
As added by P.L.92-2003, SEC.31.
IC 4-33-6.5-13
Prohibited terms of contract
Sec. 13. A contract entered into under this chapter may not
include any terms under which the operating agent is required to pay
any amount to the state or the gaming commission other than the fees
and taxes specifically authorized or required under this article.
As added by P.L.92-2003, SEC.31.
IC 4-33-6.5-14
Duties of operating agent
Sec. 14. Except as otherwise specifically provided by this article,
an operating agent is charged with all the duties imposed upon a
licensed owner under this article.
As added by P.L.92-2003, SEC.31.
IC 4-33-6.5-15
Riverboat operated by operating agent subject to property taxes
Sec. 15. A riverboat operated under an operating agent contract
under this article is not exempt from property taxes imposed under
IC 6-1.1.
As added by P.L.92-2003, SEC.31.
IC 4-33-6.5-16
Submission of proposed power of attorney
Sec. 16. (a) The person holding an operating agent contract on
July 1, 2009, shall submit for the approval of the commission a
written power of attorney identifying the person who, if approved by
the commission, would serve as the operating agent's trustee to
operate the riverboat. The power of attorney submitted under this
subsection must:
(1) be executed in the manner required by IC 30-5;
(2) describe the powers that may be delegated to the proposed
trustee;
(3) conform with the requirements established by the
commission under IC 4-33-4-3(a)(10); and
(4) be submitted before November 1, 2009.
(b) The commission may not renew an operating agent contract
unless the commission:
(1) receives a proposed power of attorney from the operating
agent;
(2) approves the trustee identified by the power of attorney; and
(3) approves the power of attorney.
(c) An operating agent must petition the commission for its
approval of any changes to a power of attorney approved by the
commission.
As added by P.L.142-2009, SEC.11.