Section 68IAC2-1-5. Licensing procedures

   (a) Except to the extent the commission may require different or additional procedures, an applicant for a casino owner's license shall be subject to the following procedures prior to licensing:

(1) Application.

(2) Background investigation, including economic development analysis of the applicant by the commission.

(3) Public hearing.

(4) Action by the commission.

(5) Issuance of certificate of suitability.

(6) Interim compliance period.

(7) Issuance of casino owner's license.

  (b) Requirements for a public hearing and action by the commission shall be as follows:

(1) After the appropriate background investigations by the commission have been completed, the commission shall conduct a public hearing.

(2) The commission shall publish the date, time, and place of the public hearing in the following manner:

(A) Notice of the public hearing shall be posted at the commission office in Indianapolis, Indiana at least two (2) weeks prior to the public hearing.

(B) Notice of the public hearing shall be published in appropriate newspapers under IC 5-3 at least two (2) times, at least one (1) week apart, and with the second publication being made at least two (2) days before the event.

(3) The public hearing shall be conducted in the following manner:

(A) The chair shall establish the order of the presentations and announce the amount of time that each applicant will be allotted. The order of presentation and other information may be published with the notice setting the date, time, and place of the public hearing.

(B) The appropriate applicant shall present its proposal for a casino gambling operation in the appropriate county or city within the time period established.

(C) The commission may question the applicant on any aspect of its application and presentation that the commission determines to be relevant to the issue of licensure.

(D) An applicant may be recalled by the commission at any time during the public hearing.

(E) After all of the applicants have made presentations, the commission shall allow a reasonable time to hear comments about the applicants and proposals from governmental entities, agencies, and the public at large. The chair shall announce the manner in which these comments may be presented prior to the initiation of this section of the public hearing.

(F) The commission may, at its discretion, discuss the applications, presentations, reports, and other materials, deliberate, and issue its decision immediately after the conclusion of the presentations and public comments or it may recess and reconvene to deliberate and issue its decision after the hearing has been transcribed and the transcriptions received by the commission.

(G) The decision of the commission shall be reduced to writing and signed by the commission members. The commission shall direct the executive director to notify the appropriate applicants, in writing, of the decision reached by the commission.

(H) No riverboat application shall be denied until the final license for that county or city has been issued under IC 4-33-6-1. Once the final riverboat license for a county or city has been issued, the commission shall direct the executive director to issue notices of denial to the applicant or applicants not chosen for riverboat licensure.

(4) The public hearing shall be recorded, at the direction of the commission, stenographically or by other means as to adequately ensure the preservation of the commission's public hearing. A transcript completed by a reporter or stenographer hired by the commission is the official record of the commission's public hearing.

  (c) The applicant must present evidence that it meets or possesses the following standards, qualifications, or criteria to be issued a casino owner's license:

(1) The applicant must possess the qualifications set forth in IC 4-33 and IC 4-35.

(2) The applicant or the applicant's substantial owner must possess a level of skill, experience, or knowledge necessary to conduct a casino gambling operation.

(3) The positive economic impact that the applicant's plan will have on the entire state of Indiana.

(4) The positive impact of any endorsements made by the local government entities.

(5) The criminal history of the applicant and the applicant's substantial owners.

(6) The applicant and the applicant's substantial owners must be of good moral character and reputation.

(7) Whether the applicant or the applicant's substantial owners has had a gaming or other license revoked, suspended, restricted, or terminated or if renewal of a license was denied.

(8) The applicant and the applicant's substantial owners must be in substantial compliance with state and federal tax laws.

(9) Any other standard the commission determines is necessary to ensure the applicant meets the criteria for licensure set forth in IC 4-33, IC 4-35, and this title.

  (d) The certificate of suitability shall be issued as follows:

(1) The commission shall direct the executive director to issue a certificate of suitability after a decision has been issued in accordance with subsection (b).

(2) The certificate of suitability is valid for one hundred eighty (180) days unless extended by the commission.

(3) A prospective licensee must direct a request for an extension of the certificate of suitability in a letter directed to the executive director.

  (e) During the interim compliance period, the prospective casino licensee shall do the following:

(1) If necessary, obtain a permit to develop the riverboat gambling operation from the United States Army Corps of Engineers.

(2) If necessary, obtain a valid certificate of inspection from the United States Coast Guard or the commission's marine certification contractor for the vessel on which the riverboat gambling operation will be conducted temporarily or permanently.

(3) Apply for and receive the appropriate permit or certificate from the Indiana alcohol and tobacco commission and other appropriate state and federal agencies.

(4) Receive all permits, certificates, and approvals for the casino and support facilities necessary to develop and conduct the casino gambling operation, including, but not limited to:

(A) fire marshal;

(B) health;

(C) building; and

(D) zoning;

permits. Permits for long-term developments that are part of the casino support facilities do not have to be obtained.

(5) Close the financing necessary to complete the development of the casino gambling operation.

(6) Post a bond in accordance with section 7 of this rule.

(7) Obtain the insurance deemed necessary by the commission under section 8 of this rule.

(8) Receive licensure for electronic gaming devices and other gaming equipment under 68 IAC 2-6.

(9) Submit an emergency response plan under 68 IAC 8-2.

(10) Take any other action the commission deems necessary to ensure the prospective casino licensee will be able to conduct a casino gambling operation that complies with IC 4-33, IC 4-35, and this title.

  (f) Requirements for the issuance of a permanent casino owner's license shall be as follows:

(1) The casino licensee shall advise the commission in writing once it has complied with subsection (e).

(2) When the commission is satisfied that the casino licensee has complied with subsection (e), it shall direct the executive director to issue a permanent casino owner's license.

(3) The permanent casino owner's license shall meet the specifications set forth in section 6 of this rule.

(4) The commission may place restrictions, conditions, or requirements on the permanent casino owner's license. These restrictions, conditions, or requirements may include, but are not limited to, the following:

(A) That the casino licensee comply with aspects of its proposal within specific time frames.

(B) If the casino is a docked riverboat, the riverboat licensee begin operation at a permanent dock within a specified period, not to exceed one (1) year.

(C) That the casino licensee posts a new or additional bond in accordance with section 7 of this rule, if necessary.

(D) That the casino gambling operation undergo and successfully complete the appropriate number and type of practice gaming tests during a forty-eight (48) hour period to ensure that the casino gambling operation is conducted within the parameters of IC 4-33, IC 4-35, and this title. The executive director may determine that the casino gambling operation undergo additional practice gaming tests.

(5) The casino licensee shall post a bond in accordance with section 7 of this rule.

(Indiana Gaming Commission; 68 IAC 2-1-5; filed Nov 10, 1994, 11:00 a.m.: 18 IR 484; readopted filed Oct 15, 2001, 4:34 p.m.: 25 IR 898; readopted filed Sep 14, 2007, 1:40 p.m.: 20071003-IR-068070354RFA; filed Dec 6, 2012, 2:32 p.m.: 20130102-IR-068110786FRA; readopted filed Nov 26, 2013, 3:58 p.m.: 20131225-IR-068130354RFA)