Current through November 6, 2024
Section 68 IAC 21-10-9 - Conducting an allowable activityAuthority: IC 4-32.3-3-3
Affected: IC 4-32.3-5-11; IC 5-14-1.5; IC 35-45-5-1
Sec. 9.
(a) With the exception of activities taking place under a festival license, an allowable activity must begin and end within a period of twenty-four (24) consecutive hours.(b) A qualified organization may not conduct more than six (6) casino game night single activities per calendar year.(c) Except for a festival, an organization must not pay more than five hundred dollars ($500) per activity in total for personal property that may be used by the organization to conduct the activity. This includes the rental of tables, chairs, and related equipment owned and leased by the lessor that is leasing the facility to the qualified organization for an allowable activity. The rental of tangible personal property cannot be based on the revenue generated by the event. For a festival event, the five hundred dollar ($500) limitation applies only to the rental of gambling-related equipment and supplies.(d) Pull tabs cannot be sold under this article unless a flare accompanies the deal. Flare shall not be altered or defaced.(e) Except for selling tickets or chances in a raffle, an organization may not permit a person less than eighteen (18) years of age to play or participate in an allowable event activity. However, a qualified organization may allow a person less than eighteen (18) years of age to play or participate in nongaming activities associated with an allowable event activity.(f) An organization may employ not more than three (3) nonmember Indiana law enforcement officers or private detectives properly licensed in Indiana to perform security services during an allowable activity. An organization may not use more than three (3) security personnel, unless the organization has prior written approval of the executive director or the executive director's designee.(g) To pay out a pull tab, punchboard, or tip board prize valued at two hundred fifty dollars ($250) or more, an organization shall comply with the following:(1) The winner must provide the following to the organization: (A) The winner's printed name.(B) The winner's signature.(C) The winner's date of birth.(2) The organization awarding the prize must verify the identity of the winner using any reasonable means the organization considers necessary.(h) A charitable organization may not conduct an allowable activity on or through the Internet.(i) Except as authorized by this rule or otherwise authorized by the commission, no organization shall conduct any allowable activity in which the winner of a prize is determined, in whole or in part, on a sporting event.(j) A qualified organization may conduct sports-themed tip boards and pull tab games in which the outcome is determined, in whole or in part, on a sporting event, subject to the following requirements:(1) The sports-themed tip board or pull tab game and any flare accompanying the board or game must be prominently posted while the board or game is in play.(2) Use with high school or amateur sporting events is prohibited.(3) Before a sports-themed tip board or pull tab game is put into play, the name or description of the sporting event, date of the sporting event, and selling price for each square, chance, or spot must be printed legibly in permanent ink on the grid or board.(4) Unless tickets are utilized, the maximum selling price for a square, chance, or spot is ten dollars ($10).(5) Seals or other opaque material covering the scores or outcomes may not be opened or removed until all the grid chances or spots have been sold. Any unsold squares, chances, or spots must be marked "VOID" in permanent ink before the seals or opaque material can be opened or removed.(6) Winning squares, chances, or spots must be marked "paid" in permanent ink after the player claims the player's prize.(k) A qualified organization conducting an allowable activity must conduct its own winning draws.(l) Under an annual license, a qualified organization may sell pull tabs, punchboards, or tip boards at any time on the premises owned or leased by the organization, or donated to the qualified organization, and regularly used for the activities of the qualified organization.(m) For purposes of determining whether an allowable activity is exempt from licensure or whether any prize limit is applicable, a qualified organization must use the fair market retail value of any noncash prize awarded to a winner of the allowable activity to determine the applicable prize payout for the allowable activity.(n) Except for a candidate's committee, a convention license, and an exempt event, an organization must deposit gaming proceeds from an allowable activity into its separate and segregated checking account within five (5) business days after receipt of the proceeds or the conclusion of the event, whichever is earlier. Monies deposited into the separate and segregated checking account must not be transferred into another account.(o) Except as permitted under IC 4-32.3-5-11, an operator or worker may never purchase a chance in an allowable activity on the same day that they served as an operator or worker for the organization conducting the allowable activity.Indiana Gaming Commission; 68 IAC 21-10-9; filed 7/29/2021, 3:00 p.m.: 20210825-IR-068200466FRA