Bill Text: IN SB0047 | 2011 | Regular Session | Introduced
Bill Title: Various riverboat matters.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-05-18 - Effective 07/01/2011 [SB0047 Detail]
Download: Indiana-2011-SB0047-Introduced.html
Citations Affected: IC 4-33; IC 7.1-2-3-16.5; IC 7.1-3-17.5;
IC 7.1-5-2-7.
Synopsis: Various riverboat matters. Permits a licensed owner to
convert a riverboat into a permanently moored vessel without
propulsion or navigation equipment. Provides for submission of plans
and commission approval of the construction of a permanently moored
vessel to replace a licensed owner's self-propelled excursion boat.
Provides that a licensed owner converting a self-propelled excursion
boat into a permanently moored vessel is not required to substantially
alter the marine structural and life safety systems of the excursion boat
if the excursion boat was in service before January 1, 2010. Removes
obsolete provisions concerning the original riverboat licensing process.
Authorizes a licensed owner or an operating agent to conduct card
tournaments in a hotel or other facility owned or leased by the licensed
owner or operating agent. Allows a riverboat or a racetrack casino to
receive compensation for advertising alcoholic beverages by brand
name. Eliminates certain restrictions under which the holder of a
gaming permit may pay for complimentary drinks at certain events.
Specifies that servers employed by a lessee or caterer providing food
and beverage service at a gaming facility do not have to be employed
by the gaming entity.
Effective: July 1, 2011.
January 5, 2011, read first time and referred to Committee on Public Policy.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
gaming.
(1) A self-propelled excursion boat located in a county described in IC 4-33-1-1(1) or IC 4-33-1-1(2) that complies with IC 4-33-6-6(a).
(2) A casino located in a historic hotel district.
(3) A permanently moored vessel operating from a county described in IC 4-33-1-1(1) or IC 4-33-1-1(2).
does not apply to a riverboat located in a historic hotel district.
(b) After consulting with the United States Army Corps of
Engineers, the commission may do the following:
(1) Determine the waterways that are navigable waterways for
purposes of this article.
(2) Determine the navigable waterways that are suitable for the
operation of riverboats under this article.
(3) Approve a plan submitted under IC 4-33-6-23 for:
(A) the construction of a new permanently moored vessel;
or
(B) the conversion of a self-propelled excursion boat into
a permanently moored vessel.
(c) In determining the navigable waterways on which riverboats may
operate, the commission shall do the following:
(1) Obtain any required approvals from the United States Army
Corps of Engineers for the operation of riverboats on those
waterways.
(2) Consider the economic benefit that riverboat gambling
provides to Indiana.
(3) Seek to ensure that all regions of Indiana share in the
economic benefits of riverboat gambling.
(1) determine the appropriate marine structural and life safety standards for a permanently moored vessel approved under section 13 of this chapter; and
(2) establish maintenance requirements and an inspection schedule to enforce the standards.
This section does not require a licensed owner converting a self-propelled excursion boat into a permanently moored vessel to substantially alter the marine structural and life safety systems of the excursion boat that were required to comply with IC 4-33-6-6 if the self-propelled excursion boat was in service before January 1, 2011.
(1) have either:
(A) a valid certificate of inspection from the United States
Coast Guard for the carrying of at least five hundred (500)
passengers; or
(B) a valid certificate of compliance with marine structural and
life safety standards determined by the commission; and
(2) be at least one hundred fifty (150) feet in length.
(b) This subsection applies only to a riverboat that operates on the
Ohio River. A riverboat must replicate, as nearly as possible, historic
Indiana steamboat passenger vessels of the nineteenth century.
However, steam propulsion or overnight lodging facilities are not
required under this subsection.
(c) A riverboat described in IC 4-33-2-17(3) must have a valid
certificate of compliance with the marine structural and life safety
standards determined by the commission under IC 4-33-4-13.5 for
a permanently moored vessel.
(1) constructing a permanently moored vessel to replace the licensed owner's self-propelled excursion boat; or
(2) converting the licensed owner's self-propelled excursion boat into a permanently moored vessel.
(b) Upon receiving the commission's approval of a conversion plan submitted under subsection (a), a licensed owner may disable the propulsion and navigation equipment that had been required to comply with section 6(a) of this chapter.
(c) A licensed owner operating a permanently moored vessel is not required to employ personnel that had been required to operate a self-propelled excursion boat.
(1) a licensed owner;
(2) an operating agent; or
(3) a trustee in accordance with IC 4-33-21.
(b) A person present on a riverboat or in a facility in which a card tournament approved under section 10.5 of this chapter is conducted may not place or attempt to place a wager on behalf of another person who is not present on the riverboat or in the facility during the approved card tournament.
(b) The application must specify the facility in which the licensed owner or operating agent will conduct the card tournament if the application is approved. The facility must be in a hotel or other permanent structure owned or leased by the licensed owner or operating agent within close proximity of the riverboat on which the licensed owner or operating agent is authorized to conduct gambling games under this article.
(c) The application must be submitted on a form prescribed by the commission. The application must state the:
(1) date;
(2) time;
(3) place; and
(4) nature;
of the proposed card tournament. The commission may require the applicant to submit any additional information relevant to the commission's consideration of the application.
(d) As a condition of its approval, the commission may impose upon the applicant any requirement that the commission determines is necessary to protect the credibility and integrity of gambling operations authorized by this article.
(1) A facility to which IC 7.1-3-1-25(a) applies.
(2) A tract that contains a premises that is described in IC 7.1-3-1-14(c)(2).
(3) A horse track or satellite facility to which IC 7.1-3-17.7 applies.
(4) A riverboat or racetrack to which IC 7.1-3-17.5 applies.
(b) As used in this section, "tract" has the meaning set forth in IC 6-1.1-1-22.5.
(c) A facility may advertise alcoholic beverages:
(1) in the facility's interior; or
(2) on the facility's exterior.
(d) The commission may not exercise the prohibition power contained in section 16(a) of this chapter on advertising by a brewer, distiller, rectifier, or vintner in or on a facility.
(e) Notwithstanding IC 7.1-5-5-10 and IC 7.1-5-5-11, a facility may provide advertising to a permittee that is a brewer, distiller, rectifier, or vintner in exchange for compensation from that permittee.
(1) A riverboat (as defined in IC 4-33-2-17).
(2) A slot machine facility licensed under IC 4-35.
(3) Any hotel, golf course, or other facility that is:
(A) owned by a person holding a gaming site permit; and
(B) related to the operation of the holder's riverboat or slot machine facility.
(b) As used in this section, "server" means an individual who serves alcoholic beverages at a gaming facility.
(c) A server is not required to be employed by a person holding a gaming site permit if the server satisfies the following requirements:
(1) The server is employed by a person who:
(A) leases space at a gaming facility for the purpose of providing food or beverages to the patrons of the gaming facility; or
(B) is a caterer or other person contracted to provide food or beverages at an event held at the gaming facility.
(2) The server holds a valid employee permit issued under IC 7.1-3-18-9.
(b) A sign advertising alcoholic beverages by brand name may not indicate by arrows, hands, or other similar devices a particular retailer or dealer premises.
(c) Notwithstanding subsection (a), a primary source of supply, wholesaler, or salesman of alcoholic beverages, or the agent or representative of a primary source of supply, wholesaler, or salesman of alcoholic beverages may place, display, maintain or cause to be placed, displayed, or maintained temporary banners or pennants advertising alcoholic beverages by brand name on or within two hundred (200) feet of a retailer or dealer premises if the banners or pennants commemorate a sporting event, festival, or holiday held in Indiana. The banners or pennants may be displayed under this subsection beginning twenty-one (21) days before the sporting event, festival, or holiday and ending five (5) days after the close of the sporting event, festival, or holiday.
