Section 68IAC21-3-2. Conducting an allowable event  


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  •    (a) Except as provided for pull-tabs, punchboards, and tip boards obtained from the state lottery commission, all licensed supplies must be obtained under IC 4-32.2-5-25.

      (b) The purchase of Hoosier Lottery pull-tabs by the qualified organization is only permitted if the qualified organization is licensed by the state lottery commission to sell the items. The provisions of IC 4-32.2 do not apply to the purchase and sale of Hoosier Lottery pull-tabs by a qualified organization.

      (c) Except as otherwise provided, an allowable event must begin and end within a period of twenty-four (24) consecutive hours.

      (d) A qualified organization may not conduct more than six (6) charity game night single events per calendar year.

      (e) Except for a festival, an organization must not pay more than five hundred dollars ($500) per event in total for personal property that may be used by the organization to conduct the event. This includes the rental of tables, chairs, and related equipment owned and leased by the lessor who is leasing the facility to the qualified organization for an allowable event. The rental of tangible personal property cannot be based on the revenue generated by the event. For a festival event, the five hundred dollar ($500) limitation only applies to the rental of gambling-related equipment and supplies.

      (f) A qualified organization may advertise an allowable event. An advertisement in printed media, such as newspapers, magazines, and Internet websites, or temporary signage, such as fliers, yard signs, billboards, and marquee advertisements, must contain the name and license number, in bold print, of the organization conducting the event. An advertisement in broadcast media must announce, at the end of the advertisement:

    (1) the name of the qualified organization conducting the event; and

    (2) that the qualified organization's license number is on file.

    A television announcement of the name and license number of the organization conducting the event may be in the form of an audio or a video, or both.

      (g) An organization conducting a charity game night event shall not advertise for that event using a business name, such as a "d/b/a", which is different from the name on the organization's license, on any advertisement or signage. An organization must include "charity game night" on any advertisement or signage that describes, names, or identifies the event.

      (h) Pull-tabs cannot be sold under this rule unless a flare accompanies the deal.

      (i) An organization may not permit a person less than eighteen (18) years of age to play or participate in an allowable event. However, a person less than eighteen (18) years of age may play or participate in nongaming activities associated with an allowable event. A qualified organization is prohibited from allowing an individual less than eighteen (18) years of age to serve food or drinks to participants in the area where the gaming is occurring.

      (j) A sign printed with a font size legible from a distance of at least ten (10) feet must be prominently posted near each entrance and registration area throughout the event stating that the operators and workers are not allowed to accept tips.

      (k) An organization may employ not more than three (3) nonmember Indiana law enforcement officers or private detectives properly licensed in Indiana to perform security services during an allowable event. An organization may not use more than three (3) security personnel unless the organization has prior written approval of the executive director or the executive director's designee.

      (l) To obtain express authorization for an exemption from a normal prize limit where permissible in IC 4-32.2, a qualified organization must submit a written application on a form prescribed by the commission stating the date, time, and location of the event at least forty-five (45) days before the date of the event. The authorization to exceed the normal prize limits must be prominently displayed at the time and location of the event.

      (m) An organization may dispose of unused bingo supplies, punchboards, pull-tabs, tip boards, and other licensed supplies specified by the commission by shredding, burning, or otherwise destroying them. The organization must notify the commission that such items are to be destroyed thirty (30) days in advance of the destruction and must provide the following information:

    (1) The date the items will be destroyed.

    (2) The manner of destruction.

    (3) A description of the items to be destroyed.

    (4) The quantity of the items to be destroyed.

    (5) The serial numbers of the items to be destroyed.

    (6) The trade name of the items.

    (7) The reason for destruction.

    Destruction of unused licensed supplies must be certified by one (1) officer of the qualified organization on a form prescribed by the commission.

      (n) If an organization has lost licensed supplies through theft, fire, flood, or other disaster, the organization must notify the commission in writing of the loss and provide the following information within ten (10) days of discovering the loss:

    (1) The date the items were lost.

    (2) The manner of loss and a description of the items lost.

    (3) The serial numbers of the items lost.

    (4) The trade name of the items.

    (5) Copies of all insurance forms submitted for the loss.

    (6) Police or fire department reports created in connection to the loss.

    (7) Other information required by the commission or the executive director.

      (o) To collect a pull-tab, punchboard, or tip board prize valued at two hundred fifty dollars ($250) or more:

    (1) The winner must provide the following to the organization:

    (A) His or her printed name.

    (B) His or her signature.

    (C) His or her date of birth.

    (2) The organization awarding the prize must verify the identity of the winner using any reasonable means the organization considers necessary.

      (p) A charitable organization may not conduct an allowable event on or through the Internet.

      (q) No organization shall conduct any allowable event in which the winner of a prize is determined, in whole or in part, on a sporting event.

      (r) An organization may accept only United States currency, coin, personal check, or debit card from players when conducting an allowable event.

      (s) Publication of notice required by IC 4-32.2-4-5(c) and IC 4-32.2-4-7.5(c) shall be made not later than fifteen (15) days after the applicant has received a prelicense review letter issued by the commission.

      (t) If the gaming location at which a qualified organization holding a license issued under IC 4-32.2-4-5 and IC 4-32.2-4-7.5 changes, the qualified organization shall publish notice as required by IC 4-32.2-4-5(c) and IC 4-32.2-4-7.5(c). Notification must meet the requirements of IC 4-32.2-4-5(d) and IC 4-32.2-4-7.5(d). In the event the commission receives at least ten (10) written and signed protest letters, the commission may hold a hearing in accordance with IC 5-14-1.5.

      (u) Protest letters referenced in IC 4-32.2-4-5(e) and IC 4-32.2-4-7.5(e) opposing the issuance of an initial annual bingo or annual charity game night license, respectively, must be received by the commission not later than fifteen (15) days after the last publication required by IC 4-32.2-4-5(c) and IC 4-32.2-4-7.5(c), respectively.

      (v) Prizes awarded for a winner take all drawing or a qualified drawing must be U.S. currency.

      (w) A qualified organization conducting a winner take all drawing or a qualified drawing must maintain a ledger in which the qualified organization records:

    (1) the date of each drawing;

    (2) each winning patron's:

    (A) name;

    (B) address; and

    (C) telephone number; and

    (3) the amount awarded to each winner.

    The ledger must be printed legibly and must be available for inspection upon request.

      (x) A qualified organization conducting a raffle, door prize, winner take all drawing, or qualified drawing must conduct its own winning draws.

      (y) A qualified organization is prohibited from conducting an allowable event at a bar or tavern, or at a facility connected to a bar or tavern, that is not owned by a qualified organization.

      (z) An organization must deposit gaming proceeds from an allowable event into its separate and segregated checking account within five (5) business days after the conclusion of the event. Monies deposited into the separate and segregated checking account must not be transferred into another account.

      (aa) An organization must conspicuously post a "no change" sign on a dispensing device that does not provide change.

      (bb) Pull-tabs manufactured or distributed for sale in Indiana must meet the "Standards on Pull-Tabs" and "Pull-Tab Record Keeping and Reporting Standards" adopted by the North American Gaming Regulators Association (NAGRA), October 12, 1991, and May 11, 1994, respectively, as amended October 20, 1998, and amended December 12, 2005, which is incorporated by reference. Except for when a conflict exists with a provision of IC 4-32.2 or a rule of the commission, a qualified organization must conduct pull-tab games in the manner prescribed by these NAGRA standards. Copies are available from the North American Gaming Regulators Association, 26 East Exchange Street, Suite 500, St. Paul, MN 55101 or http://www.nagra.org.

      (cc) Bingo supplies manufactured or distributed for sale in Indiana must meet the "Bingo Standards" and "Bingo Record-Keeping and Reporting Standards" adopted by the North American Gaming Regulators Association, October 22, 1992, and May 11, 1994, respectively, and amended March 18, 2011, which is incorporated by reference. Except for when a conflict exists with a provision of IC 4-32.2 or a rule of the commission, a qualified organization must conduct bingo games in the manner prescribed by these NAGRA standards. Copies are available from the North American Gaming Regulators Association, 26 East Exchange Street, Suite 500, St. Paul, MN 55101 or http://www.nagra.org.

      (dd) A qualified organization using volunteer ticket agents to sell tickets to an allowable event must maintain a ledger in which the qualified organization records the:

    (1) date of the allowable event to which the tickets are sold;

    (2) name, address, and telephone number of each volunteer ticket agent and the retail establishment where the volunteer ticket agent sold tickets; and

    (3) sequential numbers of the tickets provided to the retail establishment.

      (ee) A qualified organization using volunteer ticket agents must account for and retain possession of unsold licensed supply provided to a retail establishment for sale by volunteer ticket agents.

      (ff) Tickets sold for an allowable event for which a volunteer ticket agent is being used must be sequentially numbered.

      (gg) A qualified organization may not remunerate a retail establishment whose employees are serving as volunteer ticket agents.

      (hh) A full-sized photocopy of the charity gaming event license is required to be prominently displayed at the facility where the event is being held. The original license must be available for inspection upon request at all times. In addition to the photocopy, a legible sign of adequate dimension of at least eight and one-half (8 1/2) inches by eleven (11) inches must be prominently posted near each entrance and registration area at the event, in such a manner that it can be clearly read by all the players during an event, containing the following:

    (1) The name of the qualified organization.

    (2) The license number of the qualified organization.

    (3) The expiration date of the license.

      (ii) Under an annual raffle license or an annual PPT license, an employee of the qualified organization may participate in the sale and redemption of pull-tabs, punchboards, and tip boards on the premises owned or leased by the qualified organization, or donated to the qualified organization, and receive the remuneration ordinarily provided to the employee in the course of the employee's employment.

      (jj) Under an annual raffle license or an annual PPT license, a qualified organization may sell pull-tabs, punchboards, or tip boards at any time on the premises owned or leased by the organization, or donated to the qualified organization, and regularly used for the activities of the qualified organization.

      (kk) A qualified organization must use the fair market retail value of any noncash prize awarded to a winner of an allowable event to determine the applicable prize payout for the allowable event. (Indiana Gaming Commission; 68 IAC 21-3-2; filed May 30, 2007, 8:28 a.m.: 20070627-IR-068060335FRA; filed May 27, 2008, 4:09 p.m.: 20080625-IR-068070748FRA; filed Dec 30, 2009, 2:06 p.m.: 20100127-IR-068090676FRA; filed Aug 14, 2013, 2:25 p.m.: 20130911-IR-068120280FRA; readopted filed Nov 26, 2013, 3:58 p.m.: 20131225-IR-068130354RFA)