Bill Text: IN SB0429 | 2011 | Regular Session | Enrolled
Bill Title: Type II gaming.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2011-05-18 - Effective 07/01/2011 [SB0429 Detail]
Download: Indiana-2011-SB0429-Enrolled.html
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
AN ACT to amend the Indiana Code concerning gaming.
(1) pull tabs;
(2) punchboards;
(3) tip boards; and
(4) raffle tickets purchased in a qualified drawing in which the retailer retains the profits of the qualified drawing;
by the patrons of a type II gaming
(b) The term does not include any amount wagered on
(1) the total amount of money exchanged for the purchase of a raffle ticket in a qualified drawing; minus
(2) the total cost of the prizes awarded in the qualified drawing.
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 1. (a) A retailer may offer the sale of type II
gambling games in accordance with this article.
(b) A retailer's endorsement also authorizes a retailer to conduct
qualified drawings on the premises of the retailer's tavern. A qualified
drawing must be conducted in the manner required by this section.
(c) A qualified drawing is subject to the following rules and
limitations:
(1) The purchase price for a chance to win a prize in a qualified
drawing may not exceed five dollars ($5).
(2) This subdivision does not apply to a qualified drawing
conducted under subdivision (12). The total value of all prizes
that may be won in a particular qualified drawing may not exceed
three hundred dollars ($300) for any of the following:
(A) A daily drawing.
(B) A weekly drawing.
(C) A monthly drawing.
(3) A qualified drawing must be conducted in accordance with the
following limitations:
(A) Not more than one (1) daily drawing may be conducted
each day.
(B) Not more than one (1) weekly drawing may be conducted
each week.
(C) Not more than one (1) monthly drawing may be conducted
each month.
(D) Weekly drawings must be held on regular seven (7) day
intervals posted in the information required by subdivision
(11). (10).
(E) Monthly drawings must be held on regular monthly
intervals posted in the information required by subdivision
(11). (10).
A weekly or monthly drawing may be conducted on the same day
that a daily drawing is conducted.
(4) Except as otherwise provided in this section, a patron must be
present to claim a prize awarded in a qualified drawing.
(5) A retailer may not profit from conducting a qualified drawing.
(6) All amounts wagered on qualified drawings must be returned
to a retailer's patrons in the form of prizes.
(7) (6) A retailer may not conduct a qualified drawing or any
other event in which the winner of the prize is determined, in
whole or in part, by a sporting event.
(8) (7) If no winning ticket is drawn in a qualified drawing, a
retailer may:
(A) carry the prize over to a later drawing in accordance with
this section; or
(B) continue drawing tickets until a winner is drawn.
(9) (8) If a patron who purchased a winning ticket is not present
to claim a prize at the time of the qualified drawing, a retailer
shall hold the prize for the winning patron in accordance with the
rules of the retailer.
(10) (9) In order to comply with subdivision (9), (8), a retailer
shall obtain the name, address, and telephone number of each
patron who purchases a ticket for a qualified drawing.
(11) (10) A retailer must conspicuously display the following
information concerning each qualified drawing conducted by the
retailer:
(A) The price of a ticket.
(B) The time of the drawing.
(C) The description and value of the prizes awarded in the
drawing.
(D) The manner in which a prize may be claimed.
(E) The rules of the retailer concerning the following:
(i) Qualified drawings in which no winning ticket is drawn.
(ii) The period that the retailer will hold a prize for a
winning patron who was not present to claim the prize at the
time of the qualified drawing.
(F) Whether:
(i) the retailer will retain the profits realized from
conducting the qualified drawing; or
(ii) the amount wagered on the qualified drawing will be
returned to the retailer's patrons in the form of prizes.
(12) (11) Notwithstanding any other provision of this chapter, a
retailer must continue drawing tickets in a monthly drawing until
the retailer draws a ticket purchased by a patron who is present to
claim the prize.
(12) The following rules apply only to a qualified drawing
from which the retailer retains the profits:
(A) Cash may not be awarded to the winner of the
qualified drawing.
(B) All prizes must be in the form of merchandise other
than alcohol or tobacco.
(C) The maximum amount of wagers that a retailer may
accept in the course of conducting the qualified drawing is
five hundred dollars ($500).
(d) When the winning patron is not present at the time of the qualified drawing to claim a prize, the retailer shall award the prize in the following manner:
(1) The retailer shall immediately notify the winning patron by telephone that the patron's name was drawn in a qualified drawing and that the patron has the time permitted by the rules of the retailer, which must be at least seventy-two (72) hours, to claim the prize.
(2) The winning patron must appear at the retailer's premises within the time permitted by the rules of the retailer to claim the prize in person.
(3) The retailer shall verify the identity of the winning patron and award the prize.
(e) This subsection applies when the rules of a retailer require the retailer to carry over a prize when no winning ticket is drawn and when a winning patron fails to claim a prize in the manner required by subsection (d). The retailer shall carry the prize over to a later qualified drawing as follows:
(1) An unclaimed prize from a daily drawing must be carried over to the next daily drawing.
(2) Subject to the prize limits set forth in subsection (c)(2), a retailer may carry over a prize under subdivision (1) not more than fourteen (14) times. On the fourteenth calendar day to which a prize has been carried over, the retailer must continue drawing tickets until the retailer draws a ticket purchased by a patron who is present to claim the prize.
(3) An unclaimed prize from a weekly drawing must be carried over to the next weekly drawing.
(4) Subject to the prize limits set forth in subsection (c)(2), a retailer may carry over a prize under subdivision (3) not more than one (1) time. On the day that the retailer conducts a weekly drawing for the carried over prize, the retailer must continue drawing tickets until the retailer draws a ticket purchased by a patron who is present to claim the prize.
(f) The following apply to a retailer that carries over a prize under subsection (e):
(1) A retailer may conduct the daily drawing regularly scheduled for a calendar day occurring during the time that the retailer holds a prize for a winning patron who was not present at the time of a qualified drawing.
(2) If an unclaimed prize from a daily drawing is carried over to a particular date, the retailer may not conduct the regular daily
drawing that would otherwise be permitted under this section on
that date.
(3) If an unclaimed prize from a weekly drawing is carried over
to a particular date, the retailer may not conduct the regular
weekly drawing that would otherwise be permitted under this
section on that date.
(4) Subject to the prize limits set forth in subsection (c)(2), a
retailer may accept additional entries to a drawing for a carried
over prize.
(b) Type II gambling games
(b) Except as provided in subsection (c), a distributor must obtain at least twenty-five percent (25%) of the type II gambling games and tickets for qualified drawings purchased by the distributor from a manufacturer that is domiciled in Indiana.
(c) The commission may excuse a distributor from the requirement set forth in subsection (b) if the commission finds that at least one (1) of the following conditions exists:
(1) No manufacturer domiciled in Indiana is licensed under this article.
(2) No manufacturer domiciled in Indiana is in good standing with the requirements of this article.
(3) All of the licensed manufacturers domiciled in Indiana also hold distributor's licenses.
purpose. The forms prescribed under this subsection must enable
a retailer to report the amount of qualified drawing profits
retained by the retailer during the reporting period.
(b) As long as a retailer's receipts from the retailer's type II gambling
operation remain on the premises of the retailer's tavern, the receipts
may not be commingled with the receipts of the retailer's alcoholic
beverage sales, food sales, and other related nongambling activities.
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