Section 68IAC2-7-1. Licensure

   (a) The commission may require the manufacturer or distributor of associated equipment to obtain a supplier's license under 68 IAC 2-2.

  (b) For purposes of this rule, "licensed distributor" means a distributor of associated equipment under this rule that the commission has required to obtain a supplier's license.

  (c) The standards and requirements for a supplier's license under 68 IAC 2-2 shall apply to a manufacturer or distributor of associated equipment that the commission requires to be licensed, except as otherwise indicated in this rule.

  (d) A distributor of associated equipment that applies for a supplier's license shall submit a distributor agreement in lieu of the letter of intent required by 68 IAC 2-2-1(b). The distributor agreement with the manufacturer of associated equipment shall state, at a minimum, the following:

(1) That the distributor will work directly with the manufacturer, and not through a third party, to distribute associated equipment to Indiana casinos.

(2) If the manufacturer is not going to obtain or retain a supplier's license, that the distributor, and not the manufacturer, will distribute the specified associated equipment to Indiana casinos.

(3) The commercially useful functions that the distributor will perform regarding the associated equipment that the distributor seeks to provide to Indiana casinos.

(4) The skills that the distributor possesses to be the exclusive provider of the associated equipment to Indiana casinos, including without limitation:

(A) certifications;

(B) experience; and

(C) technical knowledge of its employees;

that are relevant to the associated equipment that the distributor seeks to provide to Indiana casinos.

(5) The distributor's employees and contractors who will perform the work under the distributor agreement.

(6) The circumstances under which the manufacturer's employees and contractors may perform work in Indiana casinos regarding the specified associated equipment.

(7) That the distributor will satisfy the requirements of this rule.

  (e) A licensed distributor of associated equipment must be responsible for, at a minimum, the following functions:

(1) Executing and invoicing sales to Indiana casinos.

(2) Marketing associated equipment directly to Indiana casinos.

(3) Delivery of the associated equipment and necessary parts to Indiana casinos.

(4) Being the initial contact for Indiana casinos to obtain installation, maintenance, and service of the associated equipment.

(5) Otherwise serving a commercially useful function regarding the associated equipment that it provides to Indiana casinos. To determine whether a licensed distributor is performing a commercially useful function under this section, the commission may consider the following:

(A) The amount of work performed by the licensed distributor and its employees.

(B) The person responsible for scheduling the installation, maintenance, or service.

(C) The amount of control the licensed distributor has over the work of the manufacturer's employees or independent contractors that perform installation, maintenance, and service of the associated equipment.

(D) Standard industry practices.

(E) Other relevant factors.

  (f) The commission may disapprove a distributor agreement if it does not meet the standards of this rule. (Indiana Gaming Commission; 68 IAC 2-7-1; filed Jun 23, 1995, 2:30 p.m.: 18 IR 2654; 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 Jul 31, 2009, 8:32 a.m.: 20090826-IR-068090005FRA; filed Dec 6, 2012, 2:32 p.m.: 20130102-IR-068110786FRA; readopted filed Nov 26, 2013, 3:58 p.m.: 20131225-IR-068130354RFA; filed Jan 9, 2014, 9:28 a.m.: 20140205-IR-068120584FRA)