reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6. Licensing of Owners › 4-33-6-3. Restrictions on Issuance

Sec. 3. The commission may not issue an owner's license under this chapter to a person if:
(1) the person has been convicted of a felony under Indiana law, the laws of any other state, or laws of the United States;
(2) the person has knowingly or intentionally submitted an application for a license under this chapter that contains false information;
(3) the person is a member of the commission;
(4) the person is an officer, a director, or a managerial employee of a person described in subdivision (1) or (2);
(5) the person employs an individual who:
(A) is described in subdivision (1), (2), or (3); and
(B) participates in the management or operation of gambling operations authorized under this article;
(6) the person owns an ownership interest of more than the total amount of ownership interest permitted under section 3.5 of this chapter; or
(7) a license issued to the person:
(A) under this article; or
(B) to own or operate gambling facilities in another jurisdiction;
has been revoked.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.149-2003, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6. Licensing of Owners › 4-33-6-3.5. Maximum Number of Owner's Licenses That May Be Issued to a Riverboat Owner

Sec. 3.5. (a) For purposes of this section, a person is considered to have an ownership interest in a riverboat owner's license if the interest is owned directly or indirectly by the person or by an entity controlled by the person.
(b) A person may have up to a one hundred percent (100%) ownership interest in not more than six (6) of any combination of:
(1) riverboat licenses issued under this chapter; and
(2) gambling game licenses issued under IC 4-35-5.
(c) A person may not have an ownership interest in more than six (6) of any combination of:
(1) riverboat owner's licenses issued under this chapter; and
(2) gambling game licenses issued under IC 4-35-5.
(d) This section may not be construed to increase the maximum number of licenses permitted under section 1 of this chapter or the number of riverboats that may be owned and operated under a license under section 10 of this chapter.
As added by P.L.149-2003, SEC.3. Amended by P.L.293-2019, SEC.11.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6. Licensing of Owners › 4-33-6-4. Factors Considered in Granting Licenses; Submission of Riverboat and Dock Design

Sec. 4. (a) In determining whether to grant an owner's license to an applicant, the commission shall consider the following:
(1) The character, reputation, experience, and financial integrity of the following:
(A) The applicant.
(B) A person that:
(i) directly or indirectly controls the applicant; or
(ii) is directly or indirectly controlled by the applicant or by a person that directly or indirectly controls the applicant.
(2) The facilities or proposed facilities for the conduct of riverboat gambling.
(3) The highest prospective total revenue to be collected by the state from the conduct of riverboat gambling.
(4) The good faith affirmative action plan of each applicant to recruit, train, and upgrade minorities in all employment classifications.
(5) The financial ability of the applicant to purchase and maintain adequate liability and casualty insurance.
(6) If the applicant has adequate capitalization to provide and maintain a riverboat for the duration of the license.
(7) The impact of any undue economic concentration of the ownership or control of a gaming license.
(8) The extent to which the applicant exceeds or meets other standards adopted by the commission.
(b) This subsection does not apply to:
(1) a licensed owner constructing a new riverboat under section 24 of this chapter; or
(2) a person applying for an owner's license to assume control of a riverboat operating from a dock previously approved by the commission.
In an application for an owner's license, the applicant must submit to the commission a proposed design of the riverboat and the dock. The commission may not grant a license to an applicant if the commission determines that it will be difficult or unlikely for the riverboat to depart from the dock.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.20-1995, SEC.9; P.L.55-1995, SEC.2; P.L.255-2015, SEC.7; P.L.293-2019, SEC.12.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6. Licensing of Owners › 4-33-6-4.6. Gary Riverboat Taxes; Request to Relocate Gaming Operations; Termination of Gaming Operations at Docked Riverboats

Sec. 4.6. (a) This section applies only to a licensed owner operating two (2) riverboats from a dock in Gary under section 1(d) of this chapter.
(b) The two (2) riverboats operated by the licensed owner must be taxed separately in accordance with IC 4-33-12-0.7 and IC 4-33-13-0.7.
(c) If:
(1) the licensed owner described in subsection (a) submits a request for approval to relocate gaming operations under section 4.5 of this chapter; and
(2) the commission approves the request to relocate;
the licensed owner shall terminate gaming operations at the licensed owner's docked riverboats not later than the date on which the licensed owner begins gaming operations at the licensed owner's inland casino under section 4.5 of this chapter.
As added by P.L.293-2019, SEC.14.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6. Licensing of Owners › 4-33-6-4.7. Development Agreement With Vigo County

Sec. 4.7. (a) This section applies to the licensed owner of an inland casino operated in Vigo County under IC 4-33-6.7.
(b) A licensed owner described in subsection (a) shall enter into a development agreement (as defined in IC 4-33-23-2) with Vigo County.
As added by P.L.293-2019, SEC.15.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6. Licensing of Owners › 4-33-6-5. Location of Riverboat or Inland Casino

Sec. 5. In an application for an owner's license, the applicant must state:
(1) the dock at which the riverboat is based and the navigable waterway on which the riverboat will operate; or
(2) in the case of an application for an owner's license to own and operate an inland casino under section 24 of this chapter, the site of the inland casino.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.255-2015, SEC.8.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6. Licensing of Owners › 4-33-6-6. Riverboat Requirements

Sec. 6. (a) Except as provided in subsection (c) or (d), a riverboat that operates in a county that is contiguous to Lake Michigan or the Ohio River must:
(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 craft.
(d) A riverboat constructed under section 24 of this chapter or a riverboat relocated under section 4.5 of this chapter must comply with all applicable building codes and any safety requirements imposed by the commission.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.20-1995, SEC.10; P.L.92-2003, SEC.28; P.L.170-2005, SEC.7; P.L.15-2011, SEC.5; P.L.255-2015, SEC.9; P.L.293-2019, SEC.16.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6. Licensing of Owners › 4-33-6-7. Economic Development

Sec. 7. (a) In granting a license under this chapter, the commission may give favorable consideration to the following:
(1) Economically depressed areas of Indiana.
(2) Applicants presenting plans that provide for significant economic development over a large geographic area.
(b) This subsection applies to any owner's license issued for a city described in section 1(a)(1) of this chapter. The commission must require the applicant to provide assurances that economic development will occur in the city and that adequate infrastructure and site preparation will be provided to support the riverboat operation. In order to prove the assurance that economic development will occur, the applicant must:
(1) construct or provide for the construction of an approved hotel; or
(2) cause economic development that will have an economic impact on the city that exceeds the economic impact that the construction of an approved hotel would have.
(c) This subsection applies to an owner's license issued for the City of East Chicago. If a controlling interest in the owner's license is transferred, the fiscal body of the City of East Chicago may adopt an ordinance voiding any term of the development agreement (as defined by IC 36-1-8-9.5) between:
(1) the city; and
(2) the person transferring the controlling interest in the owner's license;
that is in effect as of the date the controlling interest is transferred. The ordinance may provide for any payments made under the redevelopment agreement, including those held in escrow, to be redirected to the City of East Chicago for use as directed by ordinance of the city fiscal body. A requirement to redirect a payment is valid to the same extent as if the requirement had been part of the original agreement. If the ordinance provides for the voiding and renegotiation of any part of a redevelopment agreement, the mayor of the City of East Chicago may negotiate with the person acquiring a controlling interest in the owner's license to replace any terms voided by the ordinance. Terms negotiated under this subsection must be ratified in an ordinance adopted by the city legislative body.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.234-2007, SEC.302.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6. Licensing of Owners › 4-33-6-8. Issuance of License; Fee; Bond

Sec. 8. If the commission determines that a person is eligible under this chapter for an owner's license, the commission may issue an owner's license to the person if:
(1) the person pays an initial license fee of twenty-five thousand dollars ($25,000); and
(2) the person posts a bond as required in section 9 of this chapter.
As added by P.L.277-1993(ss), SEC.124.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6. Licensing of Owners › 4-33-6-10. Riverboat Operation; License Expiration

Sec. 10. (a) An owner's license issued under this chapter permits the holder to own and operate one (1) riverboat and equipment for each license.
(b) Except as provided in subsections (c) and (d), an owner's license issued under this chapter must specify the place where the riverboat must operate and dock.
(c) The commission may permit a riverboat to dock at a temporary dock in the applicable city for a specific period of time not to exceed one (1) year after the owner's license is issued.
(d) An owner's license issued with respect to a riverboat constructed under section 24 of this chapter must specify the site of the riverboat.
(e) An owner's initial license expires five (5) years after the effective date of the license.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.192-2002(ss), SEC.13; P.L.255-2015, SEC.10; P.L.268-2017, SEC.21.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6. Licensing of Owners › 4-33-6-11. Revocation of License

Sec. 11. The commission may revoke an owner's license if:
(1) the licensee begins regular operations more than twelve (12) months after receiving the commission's approval of the application for the license; and
(2) the commission determines that the revocation of the license is in the best interests of Indiana.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.192-2002(ss), SEC.14.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6. Licensing of Owners › 4-33-6-12. Renewal of License; Compliance Investigations

Sec. 12. (a) Unless the owner's license is terminated, expires, or is revoked, the owner's license may be renewed annually upon:
(1) the payment of a five thousand dollar ($5,000) annual renewal fee; and
(2) a determination by the commission that the licensee satisfies the conditions of this article.
(b) A licensed owner shall undergo a complete investigation every three (3) years to determine that the licensed owner remains in compliance with this article.
(c) Notwithstanding subsection (b), the commission may investigate a licensed owner at any time the commission determines it is necessary to ensure that the licensee remains in compliance with this article.
(d) The licensed owner shall bear the cost of an investigation or reinvestigation of the licensed owner and any investigation resulting from a potential transfer of ownership.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.20-1995, SEC.11.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6. Licensing of Owners › 4-33-6-13. Other Licenses

Sec. 13. A licensed owner may apply to the commission for and may hold licenses that are necessary for the operation of a riverboat, including the following:
(1) A license to prepare and serve food for human consumption.
(2) Any other necessary license.
As added by P.L.277-1993(ss), SEC.124.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6. Licensing of Owners › 4-33-6-14. Taxes; Sales on Riverboats

Sec. 14. All state excise taxes, use taxes, and gross retail taxes apply to sales on a riverboat.
As added by P.L.277-1993(ss), SEC.124.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6. Licensing of Owners › 4-33-6-15. Gambling Equipment, Devices, and Supplies

Sec. 15. A licensed owner may own gambling equipment, devices, and supplies. Each licensed owner must file an annual report listing the licensed owner's inventories of gambling equipment, devices, and supplies.
As added by P.L.277-1993(ss), SEC.124.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6. Licensing of Owners › 4-33-6-16. Schools for Training Occupational Licensees

Sec. 16. This article does not prohibit a licensed owner from operating a school for the training of occupational licensees.
As added by P.L.277-1993(ss), SEC.124.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6. Licensing of Owners › 4-33-6-17. Nature of License

Sec. 17. A license to operate an excursion gaming boat:
(1) is a revocable privilege granted by the state; and
(2) is not a property right.
As added by P.L.277-1993(ss), SEC.124.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6. Licensing of Owners › 4-33-6-18. Ordinances to Permit Docking in Cities or Counties

Sec. 18. (a) This subsection applies to cities described in section 1(a)(1) through 1(a)(4) of this chapter. The commission may not issue a license authorizing a riverboat to dock in a city unless the legislative body of the city has approved an ordinance permitting the docking of riverboats in the city.
(b) This subsection applies to a county described in section 1(a)(5) of this chapter if the largest city in the county is contiguous to the Ohio River. The commission may not issue a license authorizing a riverboat to dock in the county unless an ordinance permitting the docking of riverboats in the county has been approved by the legislative body of the largest city in the county. The license must specify that the home dock of the riverboat is to be located in the largest city in the county.
(c) This subsection applies to a county described in section 1(a)(5) of this chapter if the largest city in the county is not contiguous to the Ohio River. The commission may not issue a license authorizing a riverboat to dock in the county unless an ordinance permitting the docking of riverboats in the county has been approved by the county fiscal body.
(d) This subsection applies to a county in which a historic hotel district is located. The commission may not enter into a contract under IC 4-33-6.5 for the operation of a riverboat in the county unless an ordinance permitting the docking of riverboats in the county has been approved by the county fiscal body.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.2-1995, SEC.8; P.L.92-2003, SEC.29; P.L.2-2014, SEC.6.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6. Licensing of Owners › 4-33-6-19. County Approval of Riverboat Gambling

Sec. 19. (a) This section applies to:
(1) a county contiguous to the Ohio River;
(2) a county containing a historic hotel district; and
(3) a county contiguous to Lake Michigan that has a population of less than four hundred thousand (400,000).
(b) Notwithstanding any other provision of this article, the commission may not:
(1) issue a license under this article to allow a riverboat to operate in the county; or
(2) enter into a contract with an operating agent under IC 4-33-6.5;
unless the voters of the county have approved the conducting of gambling games on riverboats in the county.
(c) If the docking of a riverboat in the county is approved by an ordinance adopted under section 18 of this chapter, or if at least the number of the registered voters of the county required under IC 3-8-6-3 for a petition to place a candidate on the ballot sign a petition submitted to the circuit court clerk requesting that a local public question concerning riverboat gaming be placed on the ballot, the county election board shall place the following question on the ballot in the county during the next primary or general election:
"Shall riverboat gambling be permitted in ____ County?".
(d) A public question under this section shall be placed on the ballot in accordance with IC 3-10-9 and must be certified in accordance with IC 3-10-9-3.
(e) The clerk of the circuit court of a county holding an election under this chapter shall certify the results determined under IC 3-12-4-9 to the commission and the department of state revenue.
(f) If a public question under this section is placed on the ballot in a county and the voters of the county do not vote in favor of permitting riverboat gambling under this article, a second public question under this section may not be held in that county for at least two (2) years. If the voters of the county vote to reject riverboat gambling a second time, a third or subsequent public question under this section may not be held in that county until the general election held during the tenth year following the year that the previous public question was placed on the ballot.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.1-1994, SEC.14; P.L.12-1995, SEC.96; P.L.2-1995, SEC.9; P.L.24-1996, SEC.10; P.L.3-1997, SEC.414; P.L.92-2003, SEC.30.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6. Licensing of Owners › 4-33-6-19.3. Vigo County Approval of Inland Casino Gambling; Special Election; Certification of Results; Subsequent Public Questions

Sec. 19.3. (a) This section applies to Vigo County.
(b) The Vigo County election board shall hold a special election in the county at either of the following elections, as determined by the county election board:
(1) At the time of the municipal general election on November 5, 2019.
(2) At the time of the primary election on May 5, 2020.
(c) The Vigo County election board shall place the following public question on the ballot at the special election:
"Shall inland casino gambling be permitted in Vigo County?".
(d) The public question shall be placed on the ballot as provided in IC 3-10-9 and certified as provided in IC 3-10-9-3.
(e) Each registered voter of the county is entitled to vote in the special election.
(f) The Vigo County circuit court clerk shall certify the results of the special election under IC 3-12-4-9 to the commission and the department of state revenue.
(g) If the voters of Vigo County do not vote in favor of permitting inland casino gambling under this article, a second public question under this section may not be held in that county for at least two (2) years. If the voters of Vigo County vote to reject inland casino gambling a second time, a third or subsequent public question under this section may not be held in Vigo County until the general election held during the tenth year following the year that the previous public question was placed on the ballot.
(h) The commission may not issue a license under this article to allow an inland casino to operate in the county unless the voters of the county have approved inland casino gambling in the county.
As added by P.L.293-2019, SEC.17.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6. Licensing of Owners › 4-33-6-20. City Approval of Riverboat Gambling

Sec. 20. (a) This section applies to a city that:
(1) has a population of less than one hundred thousand (100,000); and
(2) is located in a county contiguous to Lake Michigan that has a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).
(b) Notwithstanding any other provision of this article, the commission may not issue a license under this article to allow a riverboat to operate from a city to which this section applies unless the voters of the city have approved the conducting of gambling games on riverboats in the city.
(c) If the legislative body of the city approves the docking of a riverboat under section 19 of this chapter, or if at least the number of the registered voters of the city required under IC 3-8-6-3 for a petition to place a candidate on the ballot sign a petition submitted to the circuit court clerk requesting that a local public question concerning riverboat gaming be placed on the ballot, the county election board shall place the following question on the ballot in the city during the next general election:
"Shall licenses be issued to permit riverboat gambling in the City of _______?".
(d) A public question under this section shall be placed on the ballot in accordance with IC 3-10-9 and must be certified in accordance with IC 3-10-9-3.
(e) The clerk of the circuit court of a county holding an election under this chapter shall certify the results determined under IC 3-12-4-9 to the commission and the department of state revenue.
(f) If a public question under this section is placed on the ballot in a city and the voters of the city do not vote in favor of permitting riverboat gambling under this article, another public question under this section may not be held in that city for at least two (2) years.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.12-1995, SEC.97; P.L.3-1997, SEC.415; P.L.11-2023, SEC.15.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6. Licensing of Owners › 4-33-6-22. Submission of Proposed Power of Attorney

Sec. 22. (a) This section applies to any licensed owner who was not required to submit a proposed power of attorney when applying for an owner's license.
(b) A licensed owner shall submit for the approval of the commission a written power of attorney identifying the person who, if approved by the commission, would serve as the licensed owner's trustee to operate the riverboat. The power of attorney submitted under this subsection must:
(1) be executed in the manner required by IC 30-5;
(2) describe the powers that may be delegated to the proposed trustee;
(3) conform with the requirements established by the commission under IC 4-33-4-3(a)(10); and
(4) be submitted before:
(A) November 1, 2009, in the case of a person holding an owner's license on July 1, 2009; or
(B) the deadline imposed by the commission in the case of a licensed owner who is subject to this section and not described by clause (A).
(c) The commission may not renew an owner's license unless the commission:
(1) receives a proposed power of attorney from the licensed owner;
(2) approves the trustee identified by the power of attorney; and
(3) approves the power of attorney.
(d) A licensed owner must petition the commission for its approval of any changes to a power of attorney approved by the commission.
As added by P.L.142-2009, SEC.9.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6. Licensing of Owners › 4-33-6-23. Plans for Permanently Moored Craft; Equipment and Personnel Requirements

Sec. 23. (a) A licensed owner may submit to the commission a plan for:
(1) constructing a permanently moored craft 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 craft.
(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 craft is not required to employ personnel that had been required to operate a self-propelled excursion boat.
As added by P.L.15-2011, SEC.6.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6. Licensing of Owners › 4-33-6-24. Relocation From a Docked Riverboat to Inland Casino; Adjacent Property; Number of Gambling Games

Sec. 24. (a) This section does not apply to gaming operations relocated under section 4.5 of this chapter or an inland casino operated in Vigo County under IC 4-33-6.7.
(b) For purposes of this section, property is considered to be adjacent to a riverboat dock site even if it is separated from the dock site by public rights-of-way or railroad rights-of-way.
(c) A licensed owner may relocate the licensed owner's gaming operation from a docked riverboat to an inland casino if the following conditions are met:
(1) Except as provided in subsection (d), the casino is located on property that the licensed owner owned or leased and used in the conduct of the licensed owner's gaming operations on February 1, 2015.
(2) The casino is located on property adjacent to the dock site of the licensed owner's riverboat.
(3) The casino complies with all applicable building codes and any safety requirements imposed by the commission.
(4) The commission approves the relocation of the licensed owner's gaming operation.
(d) This subsection applies to a licensed owner that owns or leases property that is considered adjacent to a riverboat dock site under subsection (b). The licensed owner may:
(1) acquire part of the public rights-of-way or railroad rights-of-way to form a contiguous parcel with the property owned or leased by the licensed owner on February 1, 2015; and
(2) subject to the other requirements of this section, situate an inland casino on the contiguous parcel formed under subdivision (1).
(e) The commission may impose any requirement upon a licensed owner relocating gaming operations under this section.
(f) The number of gambling games offered by a licensed owner in an inland facility operated under this section may not exceed the greatest number of gambling games offered by the licensed owner in the licensed owner's docked riverboat since January 1, 2007.
As added by P.L.255-2015, SEC.11. Amended by P.L.293-2019, SEC.18.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6. Licensing of Owners › 4-33-6-25. Number of Gambling Games

Sec. 25. (a) This section does not apply to a riverboat gaming operation relocated under section 24 of this chapter.
(b) Except as provided in subsections (c) and (d), the number of gambling games offered by a licensed owner or operating agent within the riverboat operated by the licensed owner or operating agent may not exceed the greatest number of gambling games offered by the licensed owner or operating agent since January 1, 2007.
(c) The number of gambling games offered by a licensed owner operating under a license described in section 1(a)(1) of this chapter may not exceed two thousand seven hundred sixty-four (2,764).
(d) The number of gambling games offered by a licensed owner of an inland casino operated in Vigo County under IC 4-33-6.7 may not exceed one thousand five hundred (1,500).
As added by P.L.255-2015, SEC.12. Amended by P.L.293-2019, SEC.19.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6.5. Riverboat Operating Agent Contract › 4-33-6.5-1. Maximum Number of Operating Agent Contracts

Sec. 1. The commission may enter into one (1) operating agent contract with a person to operate one (1) riverboat on behalf of the commission in a historic hotel district. The commission shall issue a request for proposals and award the contract under IC 5-22-9.
As added by P.L.92-2003, SEC.31.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6.5. Riverboat Operating Agent Contract › 4-33-6.5-2. Applicant Requirements for an Operating Agent Contract

Sec. 2. (a) A person, including a person who holds or has an interest in an owner's license issued under this article, may file an application with the commission to serve as an operating agent under this chapter. An applicant must pay a nonrefundable application fee to the commission in an amount to be determined by the commission.
(b) An applicant must submit the following on forms provided by the commission:
(1) If the applicant is an individual, two (2) sets of the individual's fingerprints.
(2) If the applicant is not an individual, two (2) sets of fingerprints for each officer and director of the applicant.
(c) This subsection applies to an applicant who applies after May 12, 2009, to serve as an operating agent under this chapter. An applicant shall submit for the approval of the commission a written power of attorney identifying the person who, if approved by the commission, would serve as the applicant's trustee to operate the riverboat. The power of attorney submitted under this subsection must:
(1) be executed in the manner required by IC 30-5;
(2) describe the powers that may be delegated to the proposed trustee;
(3) conform with the requirements established by the commission under IC 4-33-4-3(a)(10); and
(4) be submitted on the date that the applicant pays the application fee described in subsection (a).
(d) The commission shall review the applications filed under this chapter and shall inform each applicant of the commission's decision.
(e) The costs of investigating an applicant to serve as an operating agent under this chapter shall be paid from the application fee paid by the applicant.
(f) An applicant to serve as an operating agent under this chapter must pay all additional costs that are:
(1) associated with the investigation of the applicant; and
(2) greater than the amount of the application fee paid by the applicant.
As added by P.L.92-2003, SEC.31. Amended by P.L.142-2009, SEC.10; P.L.1-2010, SEC.9.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6.5. Riverboat Operating Agent Contract › 4-33-6.5-3. Restrictions on Issuance

Sec. 3. The commission may not enter into an operating agent contract with a person under this chapter if:
(1) the person has been convicted of a felony under Indiana law, the laws of any other state, or the laws of the United States;
(2) the person has knowingly or intentionally submitted an application under this chapter that contains false information;
(3) the person is a member of the commission;
(4) the person is an officer, a director, or a managerial employee of a person described in subdivision (1) or (2);
(5) the person employs an individual who is described in subdivision (1), (2), or (3); or
(6) a license issued to the person to own or operate gambling facilities in another jurisdiction has been revoked.
As added by P.L.92-2003, SEC.31.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6.5. Riverboat Operating Agent Contract › 4-33-6.5-4. Factors Considered in Granting Operating Agent Contract; Submission of Proposed Riverboat Design

Sec. 4. In determining whether to grant an operating agent contract to an applicant, the commission shall consider the following:
(1) The character, reputation, experience, and financial integrity of the following:
(A) The applicant.
(B) A person that:
(i) directly or indirectly controls the applicant; or
(ii) is directly or indirectly controlled by the applicant or by a person that directly or indirectly controls the applicant.
(2) The facilities or proposed facilities for the conduct of riverboat gambling in a historic hotel district. The applicant must submit to the commission a proposed design of the riverboat.
(3) The highest prospective total revenue to be collected by the state from the conduct of riverboat gambling.
(4) The good faith affirmative action plan of each applicant to recruit, train, and upgrade minorities in all employment classifications.
(5) The financial ability of the applicant to purchase and maintain adequate liability and casualty insurance.
(6) Whether the applicant has adequate capitalization to operate a riverboat for the duration of the contract.
(7) The extent to which the applicant provides assurances that the applicant will participate in the funding of:
(A) specific economic development programs; or
(B) infrastructure improvements;
in the county where the riverboat is located.
(8) The extent to which the applicant exceeds or meets other standards adopted by the commission.
As added by P.L.92-2003, SEC.31.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6.5. Riverboat Operating Agent Contract › 4-33-6.5-5. Requirements of Operating Agent

Sec. 5. After selecting the most appropriate operating agent applicant, the commission may enter into an operating agent contract with the person. The operating agent contract must comply with this article and include the following terms and conditions:
(1) The operating agent must pay a nonrefundable initial fee of one million dollars ($1,000,000) to the commission. The fee must be deposited by the commission into the West Baden Springs historic hotel preservation and maintenance fund established by IC 36-7-11.5-11(b).
(2) The operating agent must post a bond as required in section 6 of this chapter.
(3) The operating agent must locate the riverboat in a historic hotel district at a location approved by the commission.
(4) The operating agent must comply with any requirements concerning the exterior design of the riverboat that are approved by the commission.
(5) Notwithstanding any law limiting the maximum length of contracts:
(A) the initial term of the contract may not exceed twenty (20) years; and
(B) any renewal or extension period permitted under the contract may not exceed twenty (20) years.
(6) The operating agent must collect and remit all taxes under IC 4-33-13.
(7) The operating agent must comply with the restrictions on the transferability of the operating agent contract under section 12 of this chapter.
As added by P.L.92-2003, SEC.31. Amended by P.L.234-2007, SEC.278; P.L.268-2017, SEC.23.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6.5. Riverboat Operating Agent Contract › 4-33-6.5-7. Reinvestigations of Operating Agent

Sec. 7. (a) An operating agent shall undergo a complete investigation at least once every three (3) years to ensure that the operating agent remains in compliance with this article.
(b) Notwithstanding subsection (a), the commission may investigate an operating agent at any time the commission determines it is necessary to ensure that the operating agent remains in compliance with this article.
(c) An operating agent shall bear the cost of an investigation or a reinvestigation under this section.
As added by P.L.92-2003, SEC.31.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6.5. Riverboat Operating Agent Contract › 4-33-6.5-8. Maximum Number of Riverboats Operated by Operating Agent

Sec. 8. An operating agent contract under this chapter permits the operating agent to operate one (1) riverboat on behalf of the commission.
As added by P.L.92-2003, SEC.31.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6.5. Riverboat Operating Agent Contract › 4-33-6.5-9. Other Licenses

Sec. 9. An operating agent may apply to the commission for and may hold licenses that are necessary for the operation of a riverboat, including the following:
(1) A license to prepare and serve food for human consumption.
(2) Any other necessary license.
As added by P.L.92-2003, SEC.31.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6.5. Riverboat Operating Agent Contract › 4-33-6.5-10. Equipment of Operating Agent; Annual Inventory Report

Sec. 10. An operating agent may own gambling equipment, devices, and supplies. Each operating agent must file an annual report listing the operating agent's inventories of gambling equipment, devices, and supplies.
As added by P.L.92-2003, SEC.31.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6.5. Riverboat Operating Agent Contract › 4-33-6.5-11. Schools for Training Occupational Licensees

Sec. 11. This article does not prohibit an operating agent from operating a school for the training of occupational licensees.
As added by P.L.92-2003, SEC.31.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6.5. Riverboat Operating Agent Contract › 4-33-6.5-12. Operating Agent Contract, Transfer, Sale, Purchase, or Voting Trust; Rules of Procedure; Prohibitions

Sec. 12. (a) An operating agent must apply for and receive the commission's approval before:
(1) an operating agent's contract is:
(A) transferred;
(B) sold; or
(C) purchased; or
(2) a voting trust agreement or other similar agreement is established with respect to the operating agent.
(b) The commission shall adopt rules governing the procedure an operating agent or other person must follow to take an action under subsection (a). The rules must specify that a person who obtains an ownership interest in an operating agent contract must meet the criteria of this article and any rules adopted by the commission. An operating agent may transfer an interest in an operating agent contract only in accordance with this article and rules adopted by the commission.
(c) An operating agent or any other person may not:
(1) lease;
(2) hypothecate; or
(3) borrow or loan money against;
an operating agent contract.
As added by P.L.92-2003, SEC.31.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6.5. Riverboat Operating Agent Contract › 4-33-6.5-13. Prohibited Terms of Contract

Sec. 13. A contract entered into under this chapter may not include any terms under which the operating agent is required to pay any amount to the state or the gaming commission other than the fees and taxes specifically authorized or required under this article.
As added by P.L.92-2003, SEC.31.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6.5. Riverboat Operating Agent Contract › 4-33-6.5-14. Duties of Operating Agent

Sec. 14. Except as otherwise specifically provided by this article, an operating agent is charged with all the duties imposed upon a licensed owner under this article.
As added by P.L.92-2003, SEC.31.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6.5. Riverboat Operating Agent Contract › 4-33-6.5-15. Riverboat Operated by Operating Agent Subject to Property Taxes

Sec. 15. A riverboat operated under an operating agent contract under this article is not exempt from property taxes imposed under IC 6-1.1.
As added by P.L.92-2003, SEC.31.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6.5. Riverboat Operating Agent Contract › 4-33-6.5-16. Submission of Proposed Power of Attorney

Sec. 16. (a) The person holding an operating agent contract on July 1, 2009, shall submit for the approval of the commission a written power of attorney identifying the person who, if approved by the commission, would serve as the operating agent's trustee to operate the riverboat. The power of attorney submitted under this subsection must:
(1) be executed in the manner required by IC 30-5;
(2) describe the powers that may be delegated to the proposed trustee;
(3) conform with the requirements established by the commission under IC 4-33-4-3(a)(10); and
(4) be submitted before November 1, 2009.
(b) The commission may not renew an operating agent contract unless the commission:
(1) receives a proposed power of attorney from the operating agent;
(2) approves the trustee identified by the power of attorney; and
(3) approves the power of attorney.
(c) An operating agent must petition the commission for its approval of any changes to a power of attorney approved by the commission.
As added by P.L.142-2009, SEC.11.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6.7. Vigo County Casino Operations › 4-33-6.7-1. Applications and Proposals to Operate an Inland Casino in Vigo County; Deadlines; Commission to Prescribe Form of the Application and Proposal

Sec. 1. If a licensed owner submits a request to relocate gaming operations under IC 4-33-6-4.5, the commission shall begin accepting applications and proposals for awarding a license to operate an inland casino in Vigo County. The commission shall publish deadlines for submitting an application and proposal under this chapter on its Internet web site. An application and proposal must comply with the provisions of IC 4-33-6-2 and include any additional information required by the commission. The commission shall prescribe the form of the application and proposal for permission to operate an inland casino under this chapter.
As added by P.L.293-2019, SEC.20.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6.7. Vigo County Casino Operations › 4-33-6.7-2. Commission Review of Applications and Proposals; Commission Determination of Suitability of Applicants

Sec. 2. The commission shall review applications and proposals submitted under section 1 of this chapter and determine the suitability of each applicant. In determining suitability, the commission shall consider each applicant's financial integrity and the applicant's ability to operate an inland casino. The commission shall also consider the factors in IC 4-33-6-4. The commission may not determine an applicant is suitable if the commission finds that any of the provisions of IC 4-33-6-3 apply.
As added by P.L.293-2019, SEC.20.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6.7. Vigo County Casino Operations › 4-33-6.7-3. Required Information for Applications and Proposals; Description of Proposed Facilities

Sec. 3. (a) An application and proposal must include the following information:
(1) The name of the applicant.
(2) The street address of the applicant's proposed casino.
(3) A description of the proposed gaming facilities and proposed nongaming amenities, including any lodging facilities, dining facilities, and retail facilities, at the proposed casino.
(4) The amounts the applicant will invest in the gaming facilities and nongaming facilities at the proposed casino.
(5) A proposed local development agreement with the county.
(6) Evidence that the applicant's proposed casino will do the following:
(A) Enhance the credibility and integrity of gaming in Indiana.
(B) Promote employment and economic development in the area surrounding the proposed casino.
(C) Optimize the collection of tax revenue under this article.
(7) The applicant's plan for complying with IC 4-33-14 in the construction and conduct of the applicant's proposed gaming operations in Vigo County.
(b) A description of an applicant's proposed facilities submitted under subsection (a)(3) is a public document. IC 4-33-5 applies to an applicant's application for the license and other information submitted by the applicant.
As added by P.L.293-2019, SEC.20.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6.7. Vigo County Casino Operations › 4-33-6.7-4. Commission Considerations of Applicants

Sec. 4. In determining the applicant best suited for an owner's license, the commission shall consider:
(1) economic benefits;
(2) tax revenue;
(3) the number of new jobs;
(4) whether the applicant plans an investment of at least one hundred million dollars ($100,000,000), with sixty-five percent (65%) of the owner's proposed investment for the development of a casino, and thirty-five percent (35%) of the owner's proposed investment for the development of nongaming amenities;
(5) whether the applicant has a resolution of support from the legislative body of the unit in Vigo County where it seeks to relocate;
(6) the financial stability of the applicant;
(7) the applicant's history of community involvement; and
(8) any other factor that the commission considers appropriate.
As added by P.L.293-2019, SEC.20.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6.7. Vigo County Casino Operations › 4-33-6.7-5. Commission Issuance of Owner's License to Conduct Gaming Operations in Vigo County; Fee; Other Requirements for Owner's License

Sec. 5. The commission:
(1) may issue an owner's license to the person that the commission determines is best suited to hold the license and conduct gaming operations in Vigo County;
(2) shall require a person issued an owner's license under subdivision (1) to promptly deliver to the commission a fee of five million dollars ($5,000,000); and
(3) may impose other requirements that the commission deems necessary and appropriate to protect the interest of the state and the person issued an owner's license under subdivision (1).
As added by P.L.293-2019, SEC.20.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6.7. Vigo County Casino Operations › 4-33-6.7-6. Fee Deposited in State General Fund

Sec. 6. The commission shall deposit the fee received under section 5 of this chapter in the state general fund.
As added by P.L.293-2019, SEC.20.
2023 Indiana Code › Title 4. State Offices and Administration › Article 33. Riverboat Gambling › Chapter 6.7. Vigo County Casino Operations › 4-33-6.7-7. Payments to Evansville

Sec. 7. The licensed owner of a riverboat operating in Vigo County shall pay:
(1) a one (1) time payment of one million two hundred thousand dollars ($1,200,000) within the first year that the licensed owner conducts gaming operations in Vigo County;
(2) a one (1) time payment of nine hundred thousand dollars ($900,000) within the second year that the licensed owner conducts gaming operations in Vigo County; and
(3) a one (1) time payment of six hundred thousand dollars ($600,000) within the third year that the licensed owner conducts gaming operations in Vigo County;
to the city of Evansville.
As added by P.L.293-2019, SEC.20.