Section 905IAC1-53-12. Records of manufacturer or distributor

   (a) A manufacturer or a distributor must keep records adequate for the commission to conduct oversight as authorized by IC 4-36 and to report the information to the commission on forms prescribed by the commission. The records required must include, but are not limited to, the following:

(1) A general sales invoice that:

(A) is:

(i) numbered consecutively; and

(ii) prepared in at least two (2) parts, one (1) being issued to the customer and the other retained in an invoice file; and

(B) sets out:

(i) the date of the sale;

(ii) the customer name and business address;

(iii) a full description of each licensed supply sold, including the serial numbers of the licensed supply sold;

(iv) the quantity and sales price of each licensed supply;

(v) the manufacturer's or distributor's license number;

(vi) the customer's license number; and

(vii) the gaming card excise tax due on the sale.

(2) Credit memoranda prepared in the same manner as sales invoices.

(3) A sales journal containing at least the following, by calendar month:

(A) The date of the sale.

(B) The invoice number of the sale.

(C) The customer name or account number.

(D) The total amount of the invoice.

(E) The total amount of the gaming card excise tax due on the sale.

(4) A complete list of the persons representing the buyer and seller of licensed supplies.

(5) Purchase records documenting that all:

(A) type II gambling games; and

(B) licensed supplies;

were purchased from a licensed manufacturer or distributor.

(6) Invoices may not display "Cash Sale". Invoices shall display the customer's name and address on all sales invoices.

  (b) The serial number printed on licensed supply sold must be identifiable with the sales invoice reflecting the sale of the specific licensed supply.

  (c) Records are required to be maintained until the later of the following:

(1) Six (6) years after the year in which they are created.

(2) The end of the audit if the records are under audit.

  (d) Marketing sheets that show the expected gross income, payout, net income, and number of deals in the pull tab game that have been sold to the qualified licensee. "Payout" does not include the cost of the game itself.

  (e) If a licensed manufacturer or distributor destroys, discontinues, or otherwise renders unusable licensed supplies sold in Indiana, then the manufacturer or distributor must provide the commission with a written list of the licensed supplies destroyed, including the following:

(1) The quantity.

(2) A description of the items.

(3) The serial numbers.

(4) The date on which the items were destroyed.

  (f) A licensed manufacturer or distributor must keep the commission informed of the following:

(1) Its location.

(2) The location of all facilities where licensed supplies are manufactured or distributed.

(3) Where the records will be stored if the manufacturer or distributor ceases business.

  (g) The records referenced in subsections (a) through (f) must be produced upon request by the commission. (Alcohol and Tobacco Commission; 905 IAC 1-53-12; filed Jun 1, 2010, 3:04 p.m.: 20100630-IR-905090472FRA; readopted filed Jul 29, 2016, 1:57 p.m.: 20160824-IR-905160153RFA)