Section 68IAC2-2-5.1. Temporary license

  1. (a) After the commission receives a completed application, an application fee, and an agreement or statement of intent indicating that a casino licensee or casino license applicant will utilize the applicant for the provision of goods and services listed in section 1 of this rule, the commission shall obtain the applicant's fingerprints at a time and place directed by the executive director.

  (b) If the application or a criminal history check completed by an enforcement agent, or both, does not reveal that the applicant:

(1) has been convicted of a felony under Indiana law, the laws of any other state, or the laws of the United States; or

(2) fails to meet the statutory criteria set forth in IC 4-33-7-3;

the commission may issue the applicant a temporary license.

  (c) The temporary supplier's license shall:

(1) be on a form prescribed by the commission; and

(2) meet the specifications set forth in section 6 of this rule.

  (d) An applicant who receives a temporary license may supply a casino licensee with goods and services until:

(1) a permanent license is issued; or

(2) the temporary license is withdrawn.

  (e) A temporary supplier's license shall not be transferred.

  (f) If an applicant fails to provide or ceases providing a casino licensee with goods or services, the applicant shall:

(1) advise the commission immediately; and

(2) return the temporary license to the commission.

Failure to advise the commission that the applicant has failed to begin or has ceased providing a casino licensee with goods and services is grounds for the commission to withdraw the temporary supplier's license and deny licensure in the future.

  (g) Procedures for the withdrawal of a temporary supplier's license include, but are not limited to, the following:

(1) The executive director, upon written notice to the applicant and the casino licensee who has signed a statement of intent, may withdraw a temporary supplier's license if the executive director determines that the background investigation reveals that the applicant is not suitable for licensure.

(2) If an applicant's temporary supplier's license is withdrawn, the applicant shall not be permitted to provide any casino licensee with any goods or services listed in section 1 of this rule.

(3) If the executive director withdraws an applicant's temporary supplier's license, the executive director shall immediately forward the application to the commission for commission action.

(4) The applicant may seek to voluntarily withdraw its application for a supplier's license in accordance with section 4(c) of this rule before the commission acts in response to a withdrawal of the applicant's temporary supplier's license.

  (h) An applicant must comply with all requests for information, documents, or other materials relating to the applicant and the application during the temporary license period, during which time the commission will conduct its investigation.

  (i) The commission may place restrictions or conditions on a temporary supplier's license. The applicant shall comply with any restrictions or conditions prior to the commission issuing a permanent supplier's license. These restrictions or conditions may include, but are not limited to, the following:

(1) That the supplier licensee begin supplying a casino gambling operation within a prescribed period of time.

(2) That the supplier licensee demonstrate to the commission that the goods or services the supplier licensee will provide to a casino gambling operation are in compliance with IC 4-33, IC 4-35, and this title.

(Indiana Gaming Commission; 68 IAC 2-2-5.1; filed Jul 21, 2010, 2:21 p.m.: 20100818-IR-068100052FRA; readopted filed Nov 26, 2013, 3:58 p.m.: 20131225-IR-068130354RFA)