reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 3 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 3 - Compliance › Section 3-10 - Good faith effort

Current through July 10, 2024
Authority: IC 4-33-4; IC
				  4-33-14-10; IC 4-35-4; IC
				  4-35-11-10
Affected: IC 4-13-16.5; IC 4-33; IC 4-35
Sec. 10.
(a)
				Whenever the executive director determines that a casino licensee has failed to
				demonstrate that it has met an established goal, the executive director shall
				immediately advise the casino licensee of that determination. Within ninety
				(90) days following the determination, the casino licensee shall demonstrate
				its compliance with the established goals or a good faith effort to attain the
				established goals, or the executive director may initiate a disciplinary action
				under 68 IAC 13.
(b) When
				determining whether the casino licensee has made a good faith effort to attain
				any or all of the established goals, the following factors may be considered:
(1) The methods and efforts utilized in an
				effort to achieve the established goals.
(2) The time allowed for a meaningful
				response to solicitations.
(3)
				Statements received from minority and women's business enterprises that have
				been listed as having been contacted by the casino licensee or
				contractor.
(4) The availability of
				certified minority and women's business enterprises to satisfactorily provide
				the casino licensee with needed goods and services at a competitive
				price.
(5) Any other factor the
				executive director or commission deems pertinent to a determination of the good
				faith effort. The executive director may consult with the department of
				administration, minority business development regarding a casino licensee's
				good faith effort.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 3 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 4 - Challenges of the Designation of a Certified Minority or Women's Business Enterprise › Section 4-1 - General provisions

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-13-16.5; IC
				  4-21.5-3-1;
				  IC 4-33; IC 4-35
Sec. 1.
(a) A person
				may challenge the certification issued to a minority or women's business
				enterprise as outlined in IC 4-21.5-3 and 25 IAC 5.
(b) The department of administration,
				minority business development, shall:
(1)
				review challenges to certifications; and
(2) make recommendations regarding these
				challenges to the commission.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 3.1 - ADDITIONAL REQUIREMENTS FOR LICENSEES › Rule 1 - General Provisions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC 4-33-4-3; IC 4-35-4-2
Affected: IC 4-33; IC 4-35
Sec. 1.
This article applies to licensees, applicants, individuals,
				  or persons subject to the jurisdiction and oversight of the commission under IC
				  4-33 and IC 4-35.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 3.1 - ADDITIONAL REQUIREMENTS FOR LICENSEES › Rule 2 - Requirements › Section 2-1 - Level 1 licensure requirement

Current through July 10, 2024
Authority: IC 4-33-4-3; IC 4-35-4-2
Affected: IC 4-33-8; IC 4-35-6.5
Sec. 1.
(a) The
				holder of an equity interest in a casino owner's licensee or applicant that is
				not publicly traded, or the holder of an equity interest in its substantial
				owner, with voting rights, regardless of equity percentage, is required to hold
				a Level 1 occupational license. If the equity interest is held by an entity,
				the individual persons of that entity are subject to licensure as determined by
				the commission.
(b) The executive
				director may require Level 1 licensure of a person who holds an equity interest
				in a casino owner's licensee or applicant that is not publicly traded, or that
				of its substantial owners, if the executive director determines that licensure
				is in the best interest of the public and the gaming industry in Indiana.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 3.1 - ADDITIONAL REQUIREMENTS FOR LICENSEES › Rule 2 - Requirements › Section 2-2 - Confidentiality

Current through July 10, 2024
Authority: IC 4-33-4-3; IC 4-35-4-2
Affected: IC 4-33-6; IC 4-35-5
Sec. 2.
(a) The name
				and business address of a person with an equity interest in a casino owner's
				licensee or applicant, and its substantial owners, is not
				confidential.
(b) If the person
				holding the equity interest is an entity, the names of individual members or
				shareholders holding equity in the entity is not confidential.
(c) If the person holding the equity interest
				is a trust, the name of the trustee and any beneficiary is not
				confidential.
(d) If the person
				holding the equity interest is a partnership, the names of all partners, both
				general and limited, is not confidential.
(e) Notwithstanding any other law, upon
				written request from a person, the commission shall provide the aforementioned
				information to the person.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 3.1 - ADDITIONAL REQUIREMENTS FOR LICENSEES › Rule 2 - Requirements › Section 2-3 - Ledger requirement

Current through July 10, 2024
Authority: IC 4-33-4-3; IC 4-35-4-2
Affected: IC 4-33-6; IC 4-35-5
Sec. 3.
(a) A casino
				owner's licensee or applicant that is not publicly traded, and its substantial
				owners, shall maintain a ledger, which shall at all times reflect:
(1) the ownership of every class of security
				issued by the casino owner's licensee;
(2) the names, addresses, and number of
				shares held by all equity holders;
(3) the rights and privileges acquired by the
				holders of different classes of authorized securities, including
				debentures;
(4) the terms on which
				securities are to be offered;
(5)
				the terms and conditions of all outstanding loans, mortgages, trust deeds,
				pledges, or any other indebtedness or security device;
(6) the options existing or to be created;
				and
(7) any further financial data
				which the executive director or the commission may deem necessary or
				appropriate for the protection of the state of Indiana or licensed gambling, or
				both.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 3.1 - ADDITIONAL REQUIREMENTS FOR LICENSEES › Rule 2 - Requirements › Section 2-4 - Required charter provisions

Current through July 10, 2024
Authority: IC 4-33-4-3; IC 4-35-4-2
Affected: IC 4-33-6; IC 4-35-5
Sec. 4.
(a) A casino
				owner's licensee or applicant that is not publicly traded, and its substantial
				owners, shall adopt charter provisions which create the absolute right of the
				casino owner's licensee to repurchase or redeem any security, share, or other
				interest in the licensee in the event:
(1) a
				holder of equity in the casino owner's licensee is found to be unsuitable and
				is required to dispose of the holder's interest in a casino owner's license;
				or
(2) the casino owner's licensee
				or applicant determines ongoing association with the holder of the equity
				interest undermines the casino owner's licensee's suitability or ongoing
				compliance with commission statute and rules.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 3.1 - ADDITIONAL REQUIREMENTS FOR LICENSEES › Rule 2 - Requirements › Section 2-5 - Expenditures not allocated to casino gambling operation; voting rights

Current through July 10, 2024
Authority: IC 4-33-4-3; IC 4-35-4-2
Affected: IC 4-33-6; IC 4-35-5
Sec. 5.
(a) Corporate
				expenditures not allocated to the casino gambling operation and in excess of
				two hundred fifty thousand dollars ($250,000) of a casino owner's licensee or
				applicant that is not publicly traded, or its substantial owners, shall be
				reported to the commission quarterly.
(b) A casino owner's licensee or applicant
				that is not publicly traded, and its substantial owners, shall report the
				transfer or assignment of voting rights to the commission within ten (10)
				days.
(c) A casino owner's licensee
				or applicant that is not publicly traded, and its substantial owners, must
				provide notice to the executive director not less than five (5) days prior to
				the transfer of ownership interest of less than five percent (5%).
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 3.1 - ADDITIONAL REQUIREMENTS FOR LICENSEES › Rule 2 - Requirements › Section 2-6 - Independent director

Current through July 10, 2024
Authority: IC 4-33-4-3; IC 4-35-4-2
Affected: IC 4-33-6; IC 4-35-5
Sec. 6.
Unless otherwise waived by the executive director, each
				  casino owner's licensee or applicant shall have at least one (1) independent
				  director.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 3.1 - ADDITIONAL REQUIREMENTS FOR LICENSEES › Rule 2 - Requirements › Section 2-7 - Approval for particular transactions

Current through July 10, 2024
Authority: IC 4-33-4-3; IC 4-35-4-2
Affected: IC 4-33-6; IC 4-35-5
Sec. 7.
A casino owner's licensee or applicant that is not publicly
				  traded, or its substantial owners, must have in place processes which have been
				  approved by the board of directors for the following transactions:
(1) Single purchases of over fifty thousand
				dollars ($50,000).
(2) Transactions
				that result in aggregate spend over fifty thousand dollars ($50,000) with a
				single vendor.
(3) A contract or
				agreement regarding employment, lobbying, government affairs, or settlement of
				claims over fifty thousand dollars ($50,000).
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 3.1 - ADDITIONAL REQUIREMENTS FOR LICENSEES › Rule 2 - Requirements › Section 2-8 - Submissions to the commission

Current through July 10, 2024
Authority: IC 4-33-4-3; IC 4-35-4-2
Affected: IC 4-33-6; IC 4-35-5
Sec. 8.
On or before a date specified by the commission, casino
				  licensees and applicants shall submit to the commission the following:
(1) The process by which commercial
				reasonableness of purchases is determined.
(2) Internal controls for the allocation of
				marketing expenses.
(3) Procedures
				for addressing employee complaints, including whistle blower
				protection.
(4) Procedures for the
				commencement and conducting of corporate or internal investigations.
(5) A code of business conduct and ethics,
				corporate government guidelines, and documents related to audit and compliance
				committees and related functions.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 3.1 - ADDITIONAL REQUIREMENTS FOR LICENSEES › Rule 2 - Requirements › Section 2-9 - Prohibitions for Level 1 occupational licensees

Current through July 10, 2024
Authority: IC 4-33-4-3; IC 4-35-4-2
Affected: IC 4-33-8; IC 4-35-6.5
Sec. 9.
(a) Level 1
				occupational licensees and their immediate family members, as defined by
				68 IAC 1-1-48, living in a Level 1
				occupational licensee's household, are prohibited from gambling at a casino
				where the Level 1 occupational licensee is affiliated with or employed, or at
				an Indiana casino owned or operated by the same or affiliated
				company.
(b) Level 1 occupational
				licensees are prohibited from utilizing the casino cage to conduct any kind of
				financial transaction, unless it is a function of the licensee's job duties as
				approved by the commission.
(c)
				Level 1 occupational licensees are prohibited from conducting currency
				transactions in excess of five thousand dollars ($5,000) with:
(1) an employee of the casino gambling
				operation; or
(2) a supplier or
				vendor of the casino gambling operation for which the Level 1 occupational
				licensee is licensed.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 3.1 - ADDITIONAL REQUIREMENTS FOR LICENSEES › Rule 2 - Requirements › Section 2-10 - Cash on hand reporting

Current through July 10, 2024
Authority: IC 4-33-4-3; IC 4-35-4-2
Affected: IC 4-33-8; IC 4-35-6.5
Sec. 10.
(a) Level 1
				occupational licensees or applicants must report to the commission, within
				three (3) business days, whenever their cash on hand is in excess of fifty
				thousand dollars ($50,000).
(b)
				Subsequent increases to cash on hand of twenty thousand dollars ($20,000) or
				greater must also be reported to the commission within seven (7) business
				days.
(c) "Cash on hand" means any
				currency on the licensee's person or readily available, not residing within the
				licensee's personal accounts.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 3.1 - ADDITIONAL REQUIREMENTS FOR LICENSEES › Rule 2 - Requirements › Section 2-11 - Lobbying interest

Current through July 10, 2024
Authority: IC 4-33-4-3; IC 4-35-4-2
Affected: IC 4-33-6; IC 4-33-7; IC 4-33-8; IC 4-33-10-2.1; IC
				  4-35-5; IC 4-35-6.5
Sec. 11.
(a) If any
				of the following has an interest in or employment from a lobbying firm, the
				licensee or applicant is required to establish that the relationship does not
				violate IC 4-33-10-2.1:
(1) Casino owner's
				licensee or applicant.
(2) Supplier
				licensee or applicant.
(3)
				Occupational licensee or applicant, if the person holds one percent (1%)
				interest or is an officer.
(4)
				Substantial owner of a casino owner or supplier licensee or applicant, if the
				person holds one percent (1%) interest or is an officer.
(5) Persons with direct interest in a casino
				owner or supplier licensee or applicant, if the person holds one percent (1%)
				interest or is an officer.
(6)
				Persons with an indirect interest in a casino owner or supplier licensee or
				applicant without the prior approval of the executive director, if the person
				holds one percent (1%) interest or is an officer.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 4 - CORPORATIONS › Rule 1 - Publicly Traded Corporations › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35; IC 23-19-1-2
Sec. 1.
The following definitions apply throughout this rule:
(1) "Current market price" means the average
				of the daily closing prices for the twenty (20) consecutive trading days
				immediately preceding the date of the transaction or the closing price on the
				day immediately preceding the date of the transaction, whichever is higher. For
				the purpose of this definition, the closing price shall be determined as
				follows:
(A) If the security is admitted to
				trading or listed on the principal national securities and exchange, the
				closing price for the day shall be:
(i) the
				last reported sale price, regular way; or
(ii) in case no reported sale takes place on
				that day, the average of the last reported bid and asked prices, regular way.
In either case, the closing price on the principal national
				  securities and exchange registered under the Securities and Exchange Act of
				  1934 (
				  15
				  U.S.C. 78a et seq.) on which the security is
				  admitted to trading or listed.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 4 - CORPORATIONS › Rule 1 - Publicly Traded Corporations › Section 1-2 - Applicability

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 2.
(a) This
				rule applies to publicly traded corporations holding casino owners' licenses,
				certificates of suitability, or supplier licenses in Indiana and casino
				licensees, casino license applicants, or supplier licensees owned directly or
				indirectly by a publicly traded corporation, whether through a subsidiary or
				intermediary company thereof, where the ownership interest directly or
				indirectly is, or will be upon approval by the commission, five percent (5%) or
				more of the entire casino licensee, casino license applicant, or supplier
				licensee.
(b) If the commission
				determines that a publicly traded corporation, or a subsidiary, intermediary
				company, or holding company thereof has the actual ability to exercise
				influence over a casino licensee or supplier licensee, regardless of the
				percentage of ownership possessed by the entity, the commission may require the
				entity to comply with this rule.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 4 - CORPORATIONS › Rule 1 - Publicly Traded Corporations › Section 1-3 - Public offerings

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 3.
A casino licensee, casino license applicant, supplier
				  licensee, affiliate, or controlling person thereof commencing a public offering
				  must notify the commission, with regard to a public offering to be registered
				  with the Securities and Exchange Commission, no later than ten (10) business
				  days after the initial filing of a registration statement with the Securities
				  and Exchange Commission, or, with regard to any other type of public offering,
				  no later than ten (10) business days prior to the public use or distribution of
				  an offering document, if the casino licensee, supplier licensee, affiliate, or
				  controlling person thereof intending to issue the voting securities:
(1) is not a publicly traded corporation;
				or
(2) is a publicly traded
				corporation and if the proceeds of the offering, in whole or in part, are
				intended to be used to:
(A) pay for the
				construction of a gambling operation to be owned or operated by the licensee in
				Indiana;
(B) acquire a direct or
				indirect interest in a gambling operation located in Indiana or a supplier
				licensee;
(C) finance the operation
				of a gambling operation in Indiana by the licensee; or
(D) retire or extend obligations incurred for
				one (1) or more purposes set forth in clause (A), (B), or (C).
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 4 - CORPORATIONS › Rule 1 - Publicly Traded Corporations › Section 1-4 - Notice of public offering

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 4.
A person notifying the commission of a public offering shall
				  disclose the following information:
(1) A description of the voting securities to
				be offered.
(2) The proposed terms
				upon which the voting securities are to be offered.
(3) The anticipated gross and net proceeds of
				the offering, including a detailed list of expenses.
(4) The use of the proceeds.
(5) The name and address of the lead
				underwriter.
(6) The forms of the
				underwriting agreement, the agreement underwriters, if any, and the selected
				dealers agreements, if any.
(7) A
				statement of intended compliance with all applicable federal, state, local, and
				foreign securities laws.
(8) The
				names and addresses of the casino licensee or supplier licensee's counsel for
				the public offering, independent auditors, and special consultants for the
				offering.
(9) If any voting
				securities to be issued are not to be offered to the general public, the
				general nature of the offerees and the form of the offering.
(10) Any other offering material filed with
				the Securities and Exchange Commission that is required to be submitted
				pursuant to the direction of the Securities and Exchange Commission.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 4 - CORPORATIONS › Rule 1 - Publicly Traded Corporations › Section 1-5 - Fraudulent and deceptive practices prohibited

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35; IC 23-19-1
Sec. 5.
The executive director may initiate a disciplinary action
				  under 68 IAC 13 if a person, in connection with the purchase or sale of any
				  security issued by a casino licensee, supplier licensee, affiliate, or
				  controlling person thereof:
(1) is
				found guilty of;
(2) pleads nolo
				contendere to;
(3) is the subject
				of a final cease and desist order with respect to;
(4) is subject to an order of permanent
				injunction issued on the basis of; or
(5) is the subject of a similar final action
				taken on the basis of; a violation of Rule 10b-5 promulgated by the Securities
				and Exchange Commission under Section 10(b) of the Securities Exchange Act of
				1934 (
				15
				U.S.C. 78a et seq.) or a violation of IC
				23-19-1.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 4 - CORPORATIONS › Rule 1 - Publicly Traded Corporations › Section 1-6 - Submission of proxy and information statements

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 6.
A publicly traded corporation that is a casino licensee or
				  supplier licensee shall, within ten (10) business days after distributing to
				  its security holders any:
(1) proxy
				statement subject to Regulation 14A of the Securities and Exchange Commission;
				or
(2) information statement
				subject to Regulation 14C of the Securities and Exchange Commission; submit the
				proxy statement or information statement to the commission.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 4 - CORPORATIONS › Rule 1 - Publicly Traded Corporations › Section 1-7 - Reporting requirements

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 7.
(a) A
				publicly traded corporation that is a casino licensee, a casino license
				applicant, or a supplier licensee that files:
(1) Form 13-G;
(2) Form 4;
(3) Form 10;
(4) Form 10-Q;
(5) Form 10-K;
(6) Form 8-K;
(7) Form 1-A;
(8) Registration Statement S-1;
(9) Registration Statement SB-2;
(10) Registration Statement 10-SB;
(11) Report 10-KSB;
(12) Report 10-QSB;
(13) Schedule 13e-3;
(14) Schedule 14D-9; or
(15) any filing required by Rule 14f-1
				promulgated under the Securities Exchange Act of 1934 (
				15
				U.S.C. 78a et seq.); shall notify the
				directors of background and financial investigations for the commission within
				ten (10) business days of filing the document with the Securities and Exchange
				Commission.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 5 - TRANSFER OF OWNERSHIP › Rule 1 - Publicly Traded Companies › Section 1-1 - Approval required

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 1.
(a) This
				rule applies to:
(1) applicants;
(2) casino licensees, casino license
				applicants, and supplier licensees that are publicly traded corporations;
				and
(3) casino licensees, casino
				license applicants, and supplier licensees owned directly or indirectly by a
				publicly traded corporation, whether through a subsidiary or intermediary
				company thereof;
where the ownership interest directly or indirectly is, or
				  will be upon approval by the commission, five percent (5%) or more of the
				  entire casino licensee, casino license applicant, or supplier licensee.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 5 - TRANSFER OF OWNERSHIP › Rule 1 - Publicly Traded Companies › Section 1-2 - Procedure for approval of transfer

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 2.
(a) An
				applicant must complete and submit the appropriate forms prescribed by the
				commission.
(b) Application
				procedures are as follows:
(1) An applicant is
				seeking a privilege and assumes and accepts any and all risk of adverse
				publicity, notoriety, embarrassment, criticism, or other action or financial
				loss that may occur in connection with the application process or the public
				disclosure of information requested. The applicant expressly waives any claim
				for damages that may result from the application process.
(2) Any misrepresentation or omission made
				with respect to the application may be grounds for denial of the
				application.
(3) An applicant must
				submit the fully-executed original application for transfer of an ownership
				interest.
(4) An applicant must
				submit a completed Personal Disclosure Form 1 under
				68 IAC 2-3-4(d)
				 for each of the applicant's substantial
				owners, key persons, or other persons deemed necessary by this rule or by the
				commission to allow the commission to ensure that the applicant meets the
				statutory criteria for licensure set forth in IC 4-33, IC 4-35, and this
				title.
(5) The commission will
				consider an application to be filed when the commission has received the
				completed application forms, including the following:
(A) Required documents, materials, and
				photographs.
(B) The application
				fee under section 3 of this rule.
The commission will not initiate a background investigation
				  into the applicant until the commission receives a complete application.
(6) The applicant must
				file its completed application in the commission's office in Indianapolis,
				Indiana.
(7) An applicant is under
				a continuing duty to disclose any changes in the information submitted to the
				commission.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 5 - TRANSFER OF OWNERSHIP › Rule 1 - Publicly Traded Companies › Section 1-3 - Application fees

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 3.
(a) An
				applicant shall submit all fees to the commission in the form of a certified
				check or cashier's check made payable to the state of Indiana.
(b) An applicant must pay an investigation
				fee in the same amount as the application fee under
				68 IAC 2-1-2(b)
				 or
				68 IAC
				2-2-2(b), whichever is
				applicable.
(c) The commission will
				use the investigation fee to conduct the background investigation of the
				applicant. An additional investigation fee may be assessed to the extent that
				the cost of the background investigation of the applicant exceeds the
				investigation fee submitted under subsection (b). The executive director may
				direct the applicant to remit an amount that the executive director has
				determined is necessary to complete the investigation. Once an applicant is
				directed to submit an investigation fee in excess of the amount set forth in
				subsection (b), the investigative team conducting the investigation on that
				applicant shall not finalize the report on the applicant's suitability nor
				submit that report to the commission for consideration until the applicant has
				paid the additional investigation fee.
(d) In the event an assessed investigation
				fee exceeds the final cost of the investigation, the commission shall refund
				the excess investigation fee.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 5 - TRANSFER OF OWNERSHIP › Rule 1 - Publicly Traded Companies › Section 1-4 - Publicly traded corporations

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 4.
(a) A person
				(other than an institutional investor who complies with subsection (c)) who,
				individually or in association with others, acquires, directly or indirectly,
				the beneficial ownership of five percent (5%) or more of:
(1) a class of voting securities of a
				publicly traded corporation that is required to contain the charter provisions
				set forth in
				68 IAC
				4-1-8; or
(2) the beneficial interest in a casino
				licensee, casino license applicant, or supplier licensee, directly or
				indirectly, through a class of voting securities of a holding or intermediary
				company of a casino licensee, casino license applicant, or supplier licensee;
				shall apply to the commission for a finding of suitability within forty-five
				(45) days after acquiring the securities. A casino licensee or supplier
				licensee shall notify each person who is subject to this section of its
				requirements, provided that the obligations of the person subject to this rule
				are independent of, and unaffected by, the corporation's failure to give
				notice.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 5 - TRANSFER OF OWNERSHIP › Rule 1 - Publicly Traded Companies › Section 1-5 - Denials; request for hearing

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 5.
(a) If the
				commission denies the application to transfer an ownership interest, it shall
				direct the executive director to issue a notice of denial to the
				applicant.
(b) A casino licensee, a
				casino license applicant, or a supplier licensee who is served with a notice of
				denial under this rule may request a hearing under 68 IAC 7-1.
(c) If the casino licensee, casino license
				applicant, or supplier licensee does not request a hearing within the time
				requirements of 68 IAC 7-1, the notice of denial becomes the final order of the
				commission.
(d) Unless specifically
				stated to the contrary, a notice of denial of an application for transfer under
				this rule does not constitute a finding that the applicant is not suitable for
				licensure.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 5 - TRANSFER OF OWNERSHIP › Rule 1 - Publicly Traded Companies › Section 1-6 - Repurchase of interest in publicly traded corporation

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 6.
(a) Within
				thirty (30) calendar days of the earlier of either:
(1) failure of a casino licensee, a casino
				license applicant, or a supplier licensee to request a hearing under 68 IAC 7-1
				after receiving a notice of denial; or
(2) the exhaustion of the hearing or
				appellate process; the casino licensee, casino license applicant, or supplier
				licensee shall purchase all of the interests held by the applicant who was
				served with the notice of denial. The applicant who was served with the notice
				of denial shall sell all of its interest in the license to the casino licensee,
				the casino license applicant, or the supplier licensee within thirty (30)
				days.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 5 - TRANSFER OF OWNERSHIP › Rule 1 - Publicly Traded Companies › Section 1-7 - Proscribed activities with respect to unsuitable persons

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 7.
(a) In
				refusing to grant approval for the transfer of an interest or other involvement
				with a casino licensee, a casino license applicant, or a supplier licensee, the
				commission may determine that a person is unsuitable for licensure under IC
				4-33, IC 4-35, and
				68 IAC
				2-1.
(b)
				After the commission serves a notice of denial to a casino licensee, a casino
				license applicant, or a supplier licensee, the casino licensee, casino license
				applicant, or supplier licensee may not do the following:
(1) Pay, to a person whose application was
				denied, a dividend or interest upon any voting securities, or a payment or
				distribution of any kind whatsoever except as permitted by subdivision
				(4).
(2) Recognize the exercise, by
				a person whose application was denied, directly or indirectly, or through any
				proxy, trust, or nominee, of a voting right conferred by securities or interest
				in securities.
(3) Pay, to a person
				whose application was denied, remuneration in any form for services
				rendered.
(4) Fail to pursue all
				lawful efforts to require the person whose application was denied to relinquish
				the voting securities, including, if necessary, the immediate purchase of the
				voting securities by the casino licensee or supplier licensee.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 5 - TRANSFER OF OWNERSHIP › Rule 2 - Persons other than Publicly Traded Corporations › Section 2-1 - Approval required

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 1.
(a) This
				rule applies to the following:
(1)
				Applicants.
(2) Casino licensees,
				casino license applicants, and supplier licensees that are persons other than
				publicly traded corporations.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 5 - TRANSFER OF OWNERSHIP › Rule 2 - Persons other than Publicly Traded Corporations › Section 2-2 - Procedure for approval of transfer

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 2.
(a) An
				applicant must complete and submit the appropriate forms prescribed by the
				commission. The commission must approve the transfer prior to the applicant
				obtaining an ownership interest in a casino licensee, a casino license
				applicant, or a supplier licensee.
(b) Application procedures are as follows:
(1) An applicant is seeking a privilege and
				assumes and accepts any and all risk of adverse publicity, notoriety,
				embarrassment, criticism, or other action or financial loss that may occur in
				connection with the application process or the public disclosure of information
				requested. The applicant expressly waives any claim for damages that may result
				from the application process.
(2) A
				misrepresentation or omission made with respect to the application may be
				grounds for denial of the application.
(3) An applicant must submit the
				fully-executed original application for transfer of an ownership
				interest.
(4) An applicant must
				submit a completed Personal Disclosure Form 1 under
				68 IAC 2-3-4(d)
				 for each of the applicant's substantial
				owners, key persons, or other persons deemed necessary by this rule or by the
				commission to allow the commission to ensure that the applicant meets the
				statutory criteria for licensure set forth in IC 4-33, IC 4-35, and this
				title.
(5) The commission will
				consider an application to be filed when the commission has received the
				completed application forms, including:
(A)
				the required documents, materials, and photographs; and
(B) the application fee under section 3 of
				this rule.
The commission will not initiate a background investigation
				  into the applicant until the commission receives a complete application.
(6) The applicant must
				file its completed application in the commission's office in Indianapolis,
				Indiana.
(7) An applicant is under
				a continuing duty to disclose changes in the information submitted to the
				commission.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 5 - TRANSFER OF OWNERSHIP › Rule 2 - Persons other than Publicly Traded Corporations › Section 2-3 - Application fees

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 3.
(a) An
				applicant shall submit all fees to the commission in the form of a certified
				check or cashier's check made payable to the state of Indiana.
(b) An applicant must pay an investigation
				fee in the same amount as the application fee under
				68 IAC 2-1-2(b)
				 or
				68 IAC
				2-2-2(b), whichever is
				applicable.
(c) The commission
				shall use the investigation fee to conduct the background investigation of the
				applicant. An additional investigation fee may be assessed to the extent that
				the cost of the background investigation of the applicant exceeds the
				investigation fee submitted under subsection (b). The executive director may
				direct the applicant to remit an amount that the executive director has
				determined is necessary to complete the investigation. Once an applicant is
				directed to submit an investigation fee in excess of the amount set forth in
				subsection (b), the investigative team conducting the investigation on that
				applicant shall not finalize the report on the applicant's suitability nor
				submit that report to the commission for consideration until the applicant has
				paid the additional investigation fee.
(d) In the event an assessed investigation
				fee exceeds the final cost of the investigation, the commission shall refund
				the excess investigation fee.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 5 - TRANSFER OF OWNERSHIP › Rule 2 - Persons other than Publicly Traded Corporations › Section 2-3.2 - Institutional investors

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 3.2.
(a) An
				institutional investor who, individually or in association with others,
				acquires, directly or indirectly, beneficial ownership of five percent (5%) or
				more of the beneficial interest in a casino licensee, casino license applicant,
				or supplier licensee, where the licensee is not a publicly traded corporation,
				must notify the commission within thirty (30) business days after the
				institutional investor acquires the interest.
(b) An institutional investor who,
				individually or in association with others, acquires, directly or indirectly,
				beneficial ownership of fifteen percent (15%) or more of the interest in a
				riverboat licensee, riverboat license applicant, gambling game licensee,
				gambling game license applicant, or supplier licensee, where the licensee is
				not a publicly traded corporation, must apply to the commission for a finding
				of suitability within forty-five (45) days after acquiring the interest. A
				riverboat licensee, gambling game licensee, or supplier licensee must notify
				each person who is subject to this section of its requirements, provided that
				the obligations of the person subject to this rule are independent of, and
				unaffected by, the entity's failure to give notice.
(c) The following activities are consistent
				with being an institutional investor under this section:
(1) Voting, directly or indirectly, through
				the delivery of a proxy furnished by the board of directors, on all matters
				voted on by the holders of the interest.
(2) Serving as a member of a committee of
				creditors or security holders formed in connection with a debt
				restructuring.
(3) Nominating a
				candidate for election or appointment to the board of directors in connection
				with a debt restructuring.
(4)
				Accepting appointment or election as a member of the board of directors in
				connection with a debt restructuring and serving in that capacity until the
				conclusion of the member's term.
(5) Making financial and other inquiries of
				management of the type normally made by securities analysts for information
				purposes and not to cause a change in its management, policies, or
				operations.
(6) Other activities
				that the commission determines to be consistent with investment
				intent.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 5 - TRANSFER OF OWNERSHIP › Rule 2 - Persons other than Publicly Traded Corporations › Section 2-4 - Denials; request for hearing

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 4.
(a) If the
				commission denies the application to transfer an ownership interest, the
				commission shall direct the executive director to issue a notice of denial to
				the applicant.
(b) A casino
				licensee, a casino license applicant, or a supplier licensee who is served with
				a notice of denial under this rule may request a hearing under 68 IAC
				7-1.
(c) If the casino licensee,
				casino license applicant, or supplier licensee does not request a hearing
				within the time requirements of 68 IAC 7-1, the notice of denial becomes the
				final order of the commission.
(d)
				Unless specifically stated to the contrary, a notice of denial of application
				for transfer under this rule does not constitute a finding that the applicant
				is not suitable for licensure.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 5 - TRANSFER OF OWNERSHIP › Rule 2 - Persons other than Publicly Traded Corporations › Section 2-5 - Proscribed activities with respect to unsuitable persons

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 5.
(a) In
				refusing to grant approval for the transfer of an interest or other involvement
				with a casino licensee, a casino license applicant, or a supplier licensee, the
				commission may determine that a person is unsuitable for licensure under IC
				4-33, IC 4-35, and
				68 IAC
				2-1.
(b)
				After the commission serves a notice of denial to a casino licensee, a casino
				license applicant, or a supplier licensee, that person may not do the
				following:
(1) Pay, to a person found to be
				unsuitable, any payment or distribution of any kind whatsoever.
(2) Recognize the exercise by an unsuitable
				person, directly or indirectly, of ownership or control over the casino
				licensee, the casino license applicant, or the supplier licensee.
(3) Pay to an unsuitable person remuneration
				in any form for services rendered.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 5 - TRANSFER OF OWNERSHIP › Rule 3 - Debt Acquisition › Section 3-1 - General provisions

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35; IC 5-14
Sec. 1.
(a) This
				rule applies to casino licensees, casino license applicants, or affiliates
				thereof.
(b) A casino licensee,
				casino license applicant, or affiliate thereof may enter into debt transactions
				that total one million dollars ($1,000,000) or more only in accordance with
				this rule.
(c) As used in this
				rule, "debt transaction" means a transaction in which the casino licensee,
				casino license applicant, or affiliate thereof issues, incurs, or assumes debt,
				including, but not limited to, the following:
(1) Bank financing.
(2) Private debt offerings.
(3) Any other transaction that results in the
				encumbrance of the assets.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 5 - TRANSFER OF OWNERSHIP › Rule 3 - Debt Acquisition › Section 3-2 - Notification and approval

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33-4-21; IC 4-35
Sec. 2.
(a) A casino
				licensee, casino license applicant, or affiliate thereof may not enter into a
				debt transaction without receiving the approval of the commission.
(b) A casino licensee, casino license
				applicant, or affiliate thereof shall submit, in writing, a request for
				approval of a debt transaction that includes the following:
(1) The request for approval must be
				submitted at least ten (10) days before a scheduled meeting of the commission.
				The executive director shall place the request for approval of a debt
				transaction on the agenda of the commission meeting to be held under
				68 IAC
				1-2-5.
(2)
				A representative of the riverboat licensee, riverboat license applicant, or
				affiliate thereof shall be present at the commission meeting to answer
				questions posed by the commission or the executive director.
(3) The approval of the debt transaction will
				be discussed, and a decision issued by the commission, at the next business
				meeting of the commission held under
				68 IAC
				1-2-5.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 5 - TRANSFER OF OWNERSHIP › Rule 3 - Debt Acquisition › Section 3-3 - Due diligence

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 3.
The casino licensee, casino license applicant, or affiliate
				  thereof shall perform due diligence to ensure that a person with whom the
				  casino licensee, casino license applicant, or affiliate thereof enters into a
				  debt transaction is suitable for licensure under IC 4-33, IC 4-35, and this
				  title.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 5 - TRANSFER OF OWNERSHIP › Rule 3 - Debt Acquisition › Section 3-4 - Denial

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 4.
If the executive director or commission denies approval of a
				  debt transaction, the casino licensee, casino license applicant, or affiliate
				  thereof may not enter into the debt transaction.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 5 - TRANSFER OF OWNERSHIP › Rule 3 - Debt Acquisition › Section 3-7 - Reports by the executive director

Current through July 10, 2024
Authority: IC 4-33-4-1; IC 4-33-4-2; IC 4-33-4-3
Affected: IC 4-33
Sec. 7.
The executive director shall report any action he or she has
				  taken or contemplates taking under this rule with respect to debt transactions
				  at the next meeting held under
				  68 IAC
				  1-2-5. The commission may direct the executive
				  director to take additional or different action.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 6 - EXCLUSION AND EVICTION OF PERSONS › Rule 1 - Exclusion › Section 1-0.5 - Definitions

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33-4-7; IC 4-35-4-9
Sec. 0.5.
(a) This
				article applies to the following:
(1) Casino
				licensees.
(2) Operating
				agents.
(3) Affiliates of casino
				licensees and operating agents.
(4)
				All persons located within gaming areas.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 6 - EXCLUSION AND EVICTION OF PERSONS › Rule 1 - Exclusion › Section 1-1 - Exclusion

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC
				  4-33-4-7;
				  IC
				  4-35-4-9
Sec. 1.
(a) An
				excluded person is prohibited from entering gaming areas.
(b) A casino licensee or operating agent must
				evict any excluded person from its gaming area if the casino licensee or
				operating agent knows or reasonably should know that the person is an excluded
				person.
(c) A casino licensee or
				operating agent must immediately inform an enforcement agent of the presence of
				an excluded person in any portion of its gaming area.
(d) This article does not preclude a casino
				licensee or operating agent from evicting a person from its casino gambling
				operation for any lawful reason. The casino licensee or operating agent may
				seek to have a person it has evicted from its casino gambling operation placed
				on the exclusion list.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 6 - EXCLUSION AND EVICTION OF PERSONS › Rule 1 - Exclusion › Section 1-2 - Exclusion list

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC
				  4-33-4-7;
				  IC
				  4-35-4-9
Sec. 2.
(a) The
				executive director or the executive director's designee will maintain the
				exclusion list. The executive director or executive director's designee must
				notify each casino licensee or operating agent under the jurisdiction of the
				commission of each addition to the list or deletion from the list in a timely
				manner.
(b) The exclusion list is a
				public record.
(c) The following
				information, to the extent known, shall be provided for each excluded person:
(1) The full name and date of birth and all
				aliases.
(2) A physical
				description.
(3) The effective date
				the person's name was placed on the exclusion list.
(4) A photograph, if available.
(5) The person's occupation and current home
				and business address.
(6) The date
				that the person's exclusion expires, if any.
(7) Such other information deemed necessary
				by the executive director to facilitate identification of the person placed on
				the exclusion list.
Indiana Administrative Code › Title 68 - INDIANA GAMING COMMISSION › Article 6 - EXCLUSION AND EVICTION OF PERSONS › Rule 1 - Exclusion › Section 1-3 - Placement on the exclusion list

Current through July 10, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC
				  4-33-4-7;
				  IC
				  4-35-4-9
Sec. 3.
If there are facts and circumstances sufficient to cause a
				  prudent person to believe that a person:
(1) has been convicted of a felony in any
				jurisdiction of:
(A) any crime of moral
				turpitude; or
(B) a crime involving
				gaming;