Section 905IAC1-53-5. Retailer gaming operations

   (a) No retailer or its employees shall provide any information or engage in any conduct that alters or is intended to alter the outcome of any type II gambling game.

  (b) No retailer shall conduct any type II gambling game or winner take all drawing in which the winner of a prize is determined, in whole or in part, on a sporting event.

  (c) All licensed supplies shall originally be obtained from an entity that is licensed by the commission as a manufacturer or distributor.

  (d) Retailers shall post a flare for each deal in the vicinity of the deal and in view of the players while the deal is in play.

  (e) If more than one (1) flare is posted, retailers must mark each flare and the container from which the corresponding deal is sold to clearly indicate which flare corresponds with each deal.

  (f) A retailer must thoroughly mix pull tabs prior to offering them for sale to the public.

  (g) A retailer may not purchase and a distributor may not sell a box of type II gambling games if the manufacturer's:

(1) shrink-wrap is removed; or

(2) seal is broken.

  (h) A retailer may not sell type II gambling games from the original packing box or container.

  (i) Multiple games may not be commingled within a single dispensing device.

  (j) If multiple dispensing devices are used, retailers must mark each device so that players can identify the flare that corresponds to the game being sold from the device.

  (k) A retailer may remove a type II gambling game from play at the retailer's discretion, provided that the game meets the minimum payout percentages set forth in IC 4-36-5-6. Once a type II gambling game is removed from play, the type II gambling game is deemed dead and the retailer shall never commence play on that game again.

  (l) A person who owns, manages, or is employed by a retailer shall not play or participate in any manner in a type II gambling game at the retailer's tavern.

  (m) A retailer shall not sell a type II gambling game for more than one dollar ($1).

  (n) A retailer shall not permit a person less than twenty-one (21) years of age to play a type II game.

  (o) A retailer shall not permit type II gaming in the presence of minors.

  (p) A retailer may not conduct type II gaming on or through the Internet.

  (q) A retailer may:

(1) accept only United States currency and coin or cash equivalent from players when conducting type II gaming; and

(2) not extend credit to any player.

(Alcohol and Tobacco Commission; 905 IAC 1-53-5; filed Jun 1, 2010, 3:04 p.m.: 20100630-IR-905090472FRA; readopted filed Jul 29, 2016, 1:57 p.m.: 20160824-IR-905160153RFA)