reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 43.1 - Gaming Site Permit › Section 43.1-5 - Permit term, issuance, renewal, and extension

Current through July 10, 2024
Authority: IC 7.1-3-17.5-5
Affected: IC 4-33; IC 4-35-5; IC 7.1-3
Sec. 5.
(a) The
				gaming site permit shall be in force for one (1) calendar year only, including
				the day upon which it is granted. At the end of the one (1) year period, the
				permit shall be fully expired and null and void.
(b) An application for renewal or extension
				of the gaming site permit shall not be considered if the:
(1) riverboat license issued under IC 4-33
				and
				68 IAC
				2-1; or
(2) gambling game license issued under IC
				4-35-5; is not renewed.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 43.1 - Gaming Site Permit › Section 43.1-6 - Processing of applications; investigation of applicants

Current through July 10, 2024
Authority: IC
				  7.1-3-17.5-5
Affected: IC 4-33; IC 7.1
Sec. 6.
The issuance and renewal of the gaming site permit shall
				  follow the procedures set forth in IC 7.1 and this title for retailers in the
				  filing, processing, and investigation of the propriety of the applicant and the
				  licensed premises for the alcoholic beverage permit.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 43.1 - Gaming Site Permit › Section 43.1-7 - Floor plans

Current through July 10, 2024
Authority: IC
				  7.1-3-17.5-5
Affected: IC 4-33-6; IC 4-33-6.5; IC 7.1
Sec. 7.
(a) The floor
				plans must be submitted to and approved by the commission before a gaming site
				permit is issued by the commission. The approval process shall include an
				initial inspection and final inspection of the floor plans and the actual
				permit premises by the commission's enforcement officers. The floor plans shall
				reflect all semipermanent and permanent areas where alcoholic beverages will be
				stored or dispensed. Service of alcoholic beverages shall only be from those
				areas designated on the floor plans approved by the commission.
(b) The holder of a gaming site permit, who
				is also a riverboat licensee under IC 4-33-6 or an operating agent under IC
				4-336.5, shall clearly designate in the floor plans, the areas constituting
				riverboat support facility.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 43.1 - Gaming Site Permit › Section 43.1-8 - Sale, assignment, and transfer of permit

Current through July 10, 2024
Authority: IC 7.1-3-17.5-5
Affected: IC 4-31; IC 4-33; IC 4-35; IC 7.1-3-24
Sec. 8.
The holder of a gaming site permit may sell, assign, or
				  transfer that permit to another holder or to another location subject to the
				  following:
(1) The provisions of IC
				4-33 and 68 IAC 5 with the written approval of the Indiana gaming
				commission.
(2) The provisions of
				IC 4-35, IC 4-31, and
				71 IAC
				11-1-13 with the written approval of the Indiana
				gaming commission and the Indiana horse racing commission.
(3) The provisions of IC 7.1-3-24 and
				905 IAC 1-17 with the
				written approval of the commission.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 43.1 - Gaming Site Permit › Section 43.1-9 - Nature of business; times when sales are legal

Current through July 10, 2024
Authority: IC
				  7.1-3-17.5-5
Affected: IC 4-31; IC
				  4-33-2-10; IC 4-35; IC 7.1
Sec. 9.
(a) The
				nature of the business conducted by the person who holds a gaming site permit
				issued by the commission must be the business of an authorized gambling
				operation under IC
				4-33-2-10 or IC 4-35 in order for
				alcoholic beverages to be dispensed within the defined permit
				premises.
(b) In order for the
				permittee to sell and serve alcoholic beverages at the permit premises during
				an event not related to an authorized gambling operation, prior written
				approval must be obtained from the commission. This approval must be obtained
				at least fifteen (15) days prior to the nonauthorized gambling operation event
				or activity.
(c) In order for the
				permittee to sell and serve alcoholic beverages at a location other than a bar
				clearly designated on the floor plans on file with the commission, prior
				written approval must be obtained at least fifteen (15) days prior to the
				event.
(d) When evaluating a
				request to sell and serve alcoholic beverages for activities other than
				authorized gambling activity, the commission shall consider the following:
(1) The nature of the activity to be
				conducted on the premises and whether the activity is incompatible with the
				sale of alcoholic beverages.
(2)
				The times during which the permittee seeks to make alcoholic beverages
				available.
(3) Whether the
				permittee has adequate security for the activity.
(4) Whether the permittee has been granted
				required approval by the:
(A) law enforcement
				department that has jurisdiction over the venue of the permit
				premises;
(B) board of county
				commissioners;
(C) county council;
				or
(D) town executive; for the
				activity.
(5) Whether
				the Indiana gaming commission or the Indiana horse racing commission has placed
				limitations on the use of the permit premises for the activity.
(6) Other related reasons that may be
				enumerated by the following:
(A) IC 4-33 and
				68 IAC.
(B) IC 4-31, IC 4-35, and
				71 IAC.
(7) Other
				factors that may be considered under IC 7.1 or this rule.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 43.1 - Gaming Site Permit › Section 43.1-10 - Suspension or revocation of permit; procedures

Current through July 10, 2024
Authority: IC
				  7.1-3-17.5-5
Affected: IC 4-33-3; IC 4-35; IC 7.1
Sec. 10.
(a) If the
				Indiana gaming commission suspends or revokes either the:
(1) riverboat owner's license issued under IC
				4-33 and 68 IAC; or
(2) gambling
				game license issued under IC 4-35; the gaming site permit is also suspended or
				revoked at the same time.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 43.1 - Gaming Site Permit › Section 43.1-11 - Prohibition of minors; minimum food service

Current through July 10, 2024
Authority: IC 7.1-3-17.5-5
Affected: IC 7.1-1-3-25; IC 7.1-3-18-9; IC 7.1-5-7-12; IC
				  7.1-5-7-13
Sec. 11.
(a) In the
				permit premises of a gaming site permit, the separation of the bar area from
				the dining area, where minors may be seated, may be a structure or barrier that
				reasonably deters free access and egress without the requirement for doors or
				gates, or such other means, including signage that will clearly designate that
				minors are restricted from being in the designated bar areas. Minors under
				twenty-one (21) years of age are prohibited from being in the designated bar
				areas of the permit premises unless otherwise provided in IC 7.1-5-7-12 and IC
				7.1-5-7-13.
(b) The holder of a
				gaming site permit shall be responsible for assuring that any individual who is
				a minor under twenty-one (21) years of age is not allowed in:
(1) an area of the permit premises where
				gambling is conducted; or
(2) the
				bar areas of the permit premises unless otherwise provided in IC 7.1-5-7-12 and
				IC 7.1-5-7-13.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 44 - Revocation of Denied Permit › Section 44-1 - Revocation of denied permit

Current through July 10, 2024
Authority: IC 7.1-2-3-6; IC 7.1-2-3-7
Affected: IC 4-21.5-2-6; IC 4-21.5-5-9; IC 7.1-3-19-11; IC
				  7.1-3-23-9
Sec. 1.
In the case of denial, as referred to in
				  905
				  IAC 1-36-9(a), the commission's order
				  shall include an immediate revocation of a permittee's permit if the denial is
				  for the renewal of an existing permit.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 45 - Tracking Beer Kegs › Section 45-1 - Definitions

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC 7.1-3-6.5
Affected: IC
				  7.1-1-3-30;
				  IC
				  7.1-2-1-1; IC
				  7.1-2-3-9
Sec. 1.
The following definitions apply throughout this rule:
(1) "Commission" means the alcohol and
				tobacco commission, created pursuant to IC
				7.1-2-1-1.
(2) "Keg" means a brewery sealed individual
				container of beer:
(A) destined for retail
				sale; and
(B) having the liquid
				capacity of at least seven and three-fourths (7¾)
				gallons.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 45 - Tracking Beer Kegs › Section 45-2 - Identification markers

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC 7.1-3-6.5
Affected: IC 7.1-3-6.5
Sec. 2.
The commission shall prescribe the form of the
				  identification marker required by IC 7.1-3-6.5. The marker must:
(1) enable the identification and tracking of
				the seller of the keg;
(2) be
				removable or reusable only when the keg is returned to the wholesaler or brewer
				for refilling;
(3) contain:
(A) the name, address, and commission permit
				number of the commission wholesale
,
retail, or dealer
				permittee who sold the keg;
(B) the
				name of the clerk making the sale;
(C) the name, address, and date of birth of
				the purchaser;
(D) the type of
				identification card and identification number used to verify the data required
				by clause (C); and
(E) the dated
				signature of the purchaser;
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 45 - Tracking Beer Kegs › Section 45-3 - Receipt for the keg

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC 7.1-3-6.5
Affected: IC 7.1-3-6.5
Sec. 3.
A permittee shall require that a person who purchases a keg
				  for consumption at a place other than a commission-licensed premises sign a
				  receipt for the keg. The commission shall prescribe a form for the receipt. The
				  receipt must contain the following information:
(1) The date of the sale of the
				keg.
(2) The name, current
				residential address, and date of birth of the purchaser.
(3) A description of the form of
				identification presented by the purchaser.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 45 - Tracking Beer Kegs › Section 45-4 - Keeping registration

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC 7.1-3-6.5
Affected: IC 7.1-3-6.5
Sec. 4.
A permittee shall retain a copy of the keg registration for
				  a period of at least two (2) years from the date of purchase of the keg.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 45 - Tracking Beer Kegs › Section 45-5 - Removal of identification marker prohibited

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC 7.1-3-6.5
Affected: IC 7.1-3-6.5
Sec. 5.
A permittee, other than a wholesaler or brewer, shall not
				  remove an identification marker placed on a keg pursuant to this rule.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 45 - Tracking Beer Kegs › Section 45-6 - Penalties

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC 7.1-3-6.5
Affected: IC 7.1-3-6.5
Sec. 6.
(a) A
				permittee who, at the time of sale of a keg, fails to:
(1) place an identification marker on the
				keg; and
(2) obtain a signed
				receipt from the purchaser; may be fined in an amount of not more than one
				thousand dollars ($1,000) for each violation and have their permit suspended,
				in addition to any other penalty provided by law.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 46 - Tobacco Retail Sales Certificates › Section 46-1 - Display of sales certificate

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-18.5-4
Affected: IC 7.1-3-18.5
Sec. 1.
A tobacco retail sales certificate issued pursuant to IC
				  7.1-3-18.5 must be conspicuously displayed in a manner as follows:
(1) In the same location as an alcoholic
				beverage permit issued under IC 7.1, if the retailer has such a permit;
				or
(2) In a conspicuous location
				visible to the public if the retailer does not have an alcoholic beverage
				permit issued under IC 7.1.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 47 - Municipal Riverfront Development Projects › Section 47-1 - Application

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-20-16
Sec. 1.
Application. This rule applies to an application for a
				  permit located in a municipal riverfront development project pursuant to IC
				  7.1-3-20-16
				  where the proposed premises is located more than one thousand five hundred
				  (1,500) feet but not more than three thousand (3,000) feet or more than three
				  (3) blocks but not more than six (6) blocks from the river, whichever is
				  greater.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 47 - Municipal Riverfront Development Projects › Section 47-2 - Eligibility for permit

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 4-23-2; IC
				  7.1-3-20-16;
				  IC 36-7
Sec. 2.
The commission may issue a permit pursuant to IC
				  7.1-3-20-16
				  for a premises, which is located within the area described in section 1 of this
				  rule, if the following conditions are met:
(1) The proposed permit premises must be
				located within the original boundaries of the municipal riverfront development
				project as set forth in IC
				7.1-3-20-16.1(c)(1)(A).
(2) The area within the original boundaries
				of the municipal riverfront development project is:
(A) blighted under IC
				36-7-14 or IC 36-7-15.1;
(B) a redevelopment area under IC
				36-7-14.5;
(C) an economic
				development area under IC 36-7-15.2 or IC 36-7-26; or
(D) a historic district established under IC
				36-7-11, IC 36-7-11.1, IC 36-7-11.3, or IC 14-3-3.2 (before its repeal);
				and
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 47 - Municipal Riverfront Development Projects › Section 47-3 - Proof of compliance criteria

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-20-16
Sec. 3.
Proof of compliance with this rule must consist of the
				  following documentation, which is required at the time the permit application
				  is filed with the commission:
(1) A
				detailed map showing:
(A) definite boundaries
				of the entire municipal riverfront development project; and
(B) the location of the proposed permit
				within the project.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 47 - Municipal Riverfront Development Projects › Section 47-4 - Nude dancing excluded

Current through July 10, 2024
Authority: IC 7.1-2-3-7
Affected: IC 7.1-3-20-16
Sec. 4.
For purposes of this rule, subsection (2)(c)
[sic.]
does not include activities described in
				  905
				  IAC 1-16.1-3.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 47 - Municipal Riverfront Development Projects › Section 47-5 - Area incapable of development; alternative measurements

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-20-16
Sec. 5.
If the area adjacent to the river is incapable of being
				  developed because the area is in a floodplain, or for any other reason that
				  prevents the area from being developed, the distances described in section 1 of
				  this rule are measured from the city blocks located nearest to the river that
				  are capable of being developed.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 47 - Municipal Riverfront Development Projects › Section 47-6 - "Original boundaries" defined

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-20-16
Sec. 6.
For purposes of this rule, the term "original boundaries"
				  means the initial geographic parameters or boundaries of the municipal
				  riverfront development project as determined by the governing
				  body.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 47 - Municipal Riverfront Development Projects › Section 47-7 - For-profit status; not disqualifying

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 4-23-2; IC
				  7.1-3-20-16
Sec. 7.
For purposes of this rule, the for-profit status of an
				  entity applying for a permit shall not disqualify it for further consideration
				  by the commission if it otherwise meets the criteria for eligibility of funding
				  by the Indiana arts commission pursuant to IC 4-23-2.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 48 - Regulations Relating to Manufacture, Distribution, and Sale of E-liquids › Section 48-1 - Purpose and application

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-7-3-3
Affected: IC 7.1-7
Sec. 1.
(a) The
				purpose of this rule is, in the absence of federal regulations, to protect
				public health and safety by:
(1) ensuring the
				safety and security of e-liquid manufactured for sale in Indiana;
(2) ensuring that e-liquid manufactured or
				sold in Indiana conforms to appropriate standards of identity, strength,
				quality, and purity; and
(3)
				ensuring that e-liquid is not contaminated or adulterated by the inclusion of
				ingredients or other substances that might pose unreasonable threats to public
				health and safety.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 48 - Regulations Relating to Manufacture, Distribution, and Sale of E-liquids › Section 48-2 - Sale to minors prohibited

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-7-3-3
Affected: IC 7.1-7
Sec. 2.
Any e-liquid or nicotine product, including nonrefillable
				  sealed cartridge electronic cigarettes, sold for use in Indiana may not be sold
				  to anyone less than eighteen (18) years of age.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 48 - Regulations Relating to Manufacture, Distribution, and Sale of E-liquids › Section 48-3 - Definitions

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-7-3-3
Affected: IC 7.1-7
Sec. 3.
(a) The
				definitions in IC 7.1-7-2 and this section apply throughout this
				rule.
(b) "Commission" or "ATC"
				means the Alcohol and Tobacco Commission.
(c) "Packaging" means the process by which
				e-liquid is bottled in a tamper evident package with a child resistant cap and
				labeled in compliance with IC 7.1-7. The term does not include the process of
				preparing to ship or distribute already manufactured and packaged
				e-liquid.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 48 - Regulations Relating to Manufacture, Distribution, and Sale of E-liquids › Section 48-5 - Time allotted for review and action by the commission

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-7-3-3
Affected: IC 7.1-7
Sec. 5.
(a) The
				commission shall complete its review and take final action upon the application
				within sixty (60) days after receiving all information and documentation
				required by IC 7.1-7 and this rule, including, but not limited to, the
				following:
(1) The completed application
				form.
(2) The certification by the
				security firm that the manufacturing facility is in compliance with the
				requirements of IC 7.1-7-4-1(d)(3) and IC 7.1-7-4-6(b)(10) through IC
				7.1-7-4-6(b)(15).
(3) A fully
				compliant service security agreement is executed with the final copy submitted
				to the commission.
(4) Product
				listing that complies with section 8 of this rule.
(5) Payment of the application fee.
(6) Floor plan.
(7) Any other outstanding matters required by
				the commission are satisfied.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 48 - Regulations Relating to Manufacture, Distribution, and Sale of E-liquids › Section 48-6 - Renewals

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-7-3-3
Affected: IC 7.1-7
Sec. 6.
(a)
				Applications for renewals of existing permits must be submitted to the
				commission on an application form prescribed by the commission at least sixty
				(60) days before the expiration date of the existing permit and must include
				the following:
(1) The renewal application
				requirements listed in IC 7.1-7-4-2(b).
(2) The full legal name, address, and primary
				telephone contact number for each owner.
(3) The full legal name, address, and primary
				telephone contact number for each facility manager responsible for the
				manufacturing facility.
(4)
				Evidence that the security firm complies with the requirements of IC 7.1-7 by
				either:
(A) a verified statement by the
				security company that the information provided in the initial application or
				most recent renewal applicant continues to be correct; or
(B) a verified statement as required by
				sections
[section]
4(a)(6) and 4(a)(7) of this rule that
				includes any changes to the security company.
(5) A verified statement that all products
				manufactured for distribution in Indiana contain only the ingredients listed in
				IC 7.1-7-5-1(a).
(6) A verified
				statement that the manufacturing process used by the applicant complies with
				the requirements of IC 7.1 and this rule.
(7) Written consent allowing law enforcement
				to conduct a state or national criminal history background check on any person
				listed on the application.
(8) Any
				other information as deemed appropriate by the commission that is relevant to
				the renewal application.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 48 - Regulations Relating to Manufacture, Distribution, and Sale of E-liquids › Section 48-7 - Transfer of permits

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-7-3-3
Affected: IC 7.1-7
Sec. 7.
(a) As used
				in this section, "sample" means the three (3) ten (10) milliliter sample
				bottles from each production batch of more than two (2) liters required to be
				stored or maintained by IC 7.1-7-4-6(b)(15).
(b) An e-liquid manufacturer transferring the
				location of the permit shall maintain the samples in a secure, limited access
				area during the transfer of location by complying with the following:
(1) The e-liquid manufacturer must notify the
				commission of the anticipated date the samples will be removed from the
				original location and the anticipated date the samples will be moved into the
				new location.
(2) Samples may only
				be removed from the secure, limited access area with recorded video
				surveillance at the original location by designated employees of the e-liquid
				manufacturer.
(3) Samples removed
				from the secure, limited access area with recorded video surveillance at the
				original location must be placed immediately in a secure, limited access
				container or vehicle for transporting to the new permit location.
(4) Video surveillance may not be removed or
				disconnected from the secure, limited access area until all samples are removed
				to the secure, limited access container or vehicle.
(5) The secure, limited access area for the
				storage of samples at the new location must have operational video surveillance
				before samples may be placed in the area.
(6) The e-liquid manufacturer must notify the
				commission of the completion of the transfer within five (5) days after the
				completion of the relocation of the samples and equipment.
(7) The e-liquid manufacturer must maintain a
				list of employees who had access to the samples during the transfer for a
				period of three (3) years.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 48 - Regulations Relating to Manufacture, Distribution, and Sale of E-liquids › Section 48-8 - Product listing

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-7-3-3
Affected: IC 7.1-7
Sec. 8.
(a) The
				manufacturer shall provide a product listing to the commission at the time of
				the initial application for all e-liquid products manufactured in production
				batches of more than two (2) liters.
(b) The product listing shall include:
(1) the product name;
(2) for each product, the percentage of
				nicotine; and
(3) the original date
				of manufacture of each product.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 48 - Regulations Relating to Manufacture, Distribution, and Sale of E-liquids › Section 48-9 - E-liquid manufacturing

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-7-3-3
Affected: IC 7.1-7
Sec. 9.
In order to comply with IC 7.1 relating to e-liquid
				  manufacturing, the manufacturing facility must demonstrate compliance with the
				  following:
(1) The manufacturing
				requirements listed in IC 7.1-7-4-6.
(2) E-liquid containers must be
				labeled.
(3) Labels on e-liquid
				containers must identify all active ingredients, including percentage of
				nicotine.
(4) Labels on e-liquid
				containers must include a means for the commission to obtain the manufacturing
				date either through a scannable code or printed on the label.
(5) The video recordings required by IC
				7.1-7-4-6(b)(13) must be retained for at least thirty (30) days and are subject
				to commission audit for quality, purity, and compliance reviews.
(6) An e-liquid container label or tamper
				resistant packaging may include a "best if used by" date.
(7) A production log must be maintained
				listing the following:
(A) Date and time the
				e-liquid was produced.
(B) The name
				of the product manufactured.
(C)
				The amount of the product produced in liters.
(D) The code and batch number.
(E) Any person responsible for the mixing and
				bottling.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 48 - Regulations Relating to Manufacture, Distribution, and Sale of E-liquids › Section 48-10 - Random samples

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-7-3-3
Affected: IC 7.1-7
Sec. 10.
(a) The
				commission may require an e-liquid manufacturer to have up to three (3)
				different products tested annually by one (1) of three (3) independent
				laboratories approved by the commission for safety, quality, and purity
				purposes.
(b) The commission will
				select up to three (3) products to be tested pursuant to subsection (a) from
				the product listing provided to the commission under section 8 of this
				rule.
(c) Failure by the e-liquid
				manufacturer to submit or pay the costs of a product testing required by
				subsection (a) will result in disciplinary action by the commission that may
				include fines, suspension, and revocation of the permit.
(d) The commission may require the laboratory
				to test for any of the following:
(1)
				Nicotine.
(2) Ingredients listed on
				the label.
(3)
				Contaminants.
(4) Illegal
				drugs.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 48 - Regulations Relating to Manufacture, Distribution, and Sale of E-liquids › Section 48-11 - Permit violations

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-7-3-3
Affected: IC 7.1-7
Sec. 11.
Permit violations proceedings for e-liquid manufacturing
				  permits shall be conducted pursuant to
				  905 IAC
				  1-37-1.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 48 - Regulations Relating to Manufacture, Distribution, and Sale of E-liquids › Section 48-12 - Procedure on denial

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-7-3-3
Affected: IC 7.1-7
Sec. 12.
(a) If an
				initial or renewal application for an e-liquid manufacturing permit is denied
				by the commission, the commission shall give written notice of the action to
				the applicant.
(b) Upon receipt of
				notice of the commission's action, the applicant shall have fifteen (15) days
				to file:
(1) a petition for administrative
				appeal; and
(2) a brief objecting
				to the commission's action.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 52 - Posting Signs Authorized by IC 71-3-1-28 › Section 52-1 - Definitions

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-1-28
Affected: IC
				  7.1-2-1-1; IC
				  7.1-2-4-1
Sec. 1.
(a)
				"Commission" refers to the alcohol and tobacco commission created by IC
				7.1-2-1-1.
(b) "Local board" refers to the division of
				the commission created by IC
				7.1-2-4-1.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 52 - Posting Signs Authorized by IC 71-3-1-28 › Section 52-2 - Posting signs authorized by IC 7.1-3-1-28

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-1-28
Affected: IC
				  7.1-3-1-28
Sec. 2.
(a) Signs
				required by IC
				7.1-3-1-28
				shall be posted in a manner that they are visible from the nearest and largest
				public thoroughfare in the vicinity of the applicant's premises or proposed
				premises. If no building or structure is present on the proposed premises, said
				sign may be posted in a manner sufficient to secure it.
(b) Said sign shall be posted for the ten
				(10) days prior to the applicant or permittee's scheduled local board hearing
				and until said local board votes on applications described in IC
				7.1-3-1-28.
(c) Signs required by this rule shall be
				either prepared by the commission or be preapproved by the commission. The
				commission shall charge two dollars ($2) per sign.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 53 - Type II Gaming › Section 53-1 - Definitions

Current through July 10, 2024
Authority: IC 4-36-3-3
Affected: IC 4-36-2
Sec. 1.
(a) The
				definitions in IC 4-36-2 and the following definitions apply throughout this
				article.
(b) Unless otherwise
				provided, the definitions in
				68 IAC
				21-1 apply throughout this article.
(c) "Cash equivalent" means checks, credit
				cards, or other negotiable instruments.
(d) "Gaming manager" means a person
				responsible for operating and controlling the type II gambling operation with
				the authority to make decisions regarding the type II gaming
				activities.
(e) "House rule" means
				requirements established by the retailer for the purposes of conducting a type
				II gambling operation.
(f)
				"Licensed supply" means any supplies, devices, or equipment:
(1) critical to the conduct of the type II
				gambling operation; and
(2)
				approved by the commission.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 53 - Type II Gaming › Section 53-2 - Application by a manufacturer or distributor

Current through July 10, 2024
Authority: IC
				  4-36-3-3
Affected: IC
				  4-32.3-3-4;
				  IC 4-36
Sec. 2.
(a) A
				manufacturer or distributor shall submit a written application on a form
				prescribed by the commission.
(b) A
				manufacturer or distributor shall submit a written application for renewal on a
				form prescribed by the commission not later than seventy-five (75) days before
				expiration.
(c) A distributor shall
				purchase all licensed supplies to be distributed to a retailer from a
				manufacturer or another distributor.
(d) An entity that is both a manufacturer and
				distributor must possess a:
(1) manufacturer's
				license; and
(2) distributor's
				license.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 53 - Type II Gaming › Section 53-3 - Type II game construction standards

Current through July 10, 2024
Authority: IC
				  4-36-3-3
Affected: IC 4-32.3; IC 4-36
Sec. 3.
All pull tabs manufactured or distributed for sale in
				  Indiana must meet the "Standards on Pull Tabs" adopted by the North American
				  Gaming Regulators Association, October 12, 1991, as amended October 20, 1998,
				  and amended December 12, 2005, which is incorporated by reference. Copies are
				  available from the North American Gaming Regulators Association, 26 East
				  Exchange Street, Suite 500, St. Paul, MN 55101 or at
				  http://www.nagra.org.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 53 - Type II Gaming › Section 53-4 - Scope of type II endorsement

Current through July 10, 2024
Authority: IC
				  4-36-3-3
Affected: IC 4-36
Sec. 4.
(a) A
				retailer shall submit a written application for renewal on a form prescribed by
				the commission not later than seventy-five (75) days before
				expiration.
(b) Type II gambling
				games shall only be sold on the premises of the retailer's tavern in areas
				where minors may not be present.
(c) The type II endorsement must be displayed
				prominently in the retailer's tavern.
(d) The retailer shall submit a written
				application on a form prescribed by the commission.
(e) The retailer shall submit a written
				application for renewal on a form prescribed by the commission not later than
				seventy-five (75) days before expiration.
(f) The retailer shall notify the commission
				in writing if any information filed with the application changes in any way
				within thirty (30) days of the change.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 53 - Type II Gaming › Section 53-5 - Retailer gaming operations

Current through July 10, 2024
Authority: IC
				  4-36-3-3
Affected: IC
				  4-36-2-7; IC
				  4-36-5-6
Sec. 5.
(a) No
				retailer or its employees shall provide information or engage in conduct that
				alters or is intended to alter the outcome of a type II gambling
				game.
(b) All licensed supplies
				shall originally be obtained from an entity that is licensed by the commission
				as a manufacturer or distributor.
(c) Retailers shall post a flare for each
				deal in the vicinity of the deal and in view of the players while the deal is
				in play.
(d) If more than one (1)
				flare is posted, retailers must mark each flare and the container from which
				the corresponding deal is sold to clearly indicate which flare corresponds with
				each deal.
(e) A retailer must
				thoroughly mix pull tabs prior to offering them for sale to the
				public.
(f) A retailer may not
				purchase and a distributor may not sell a box of type II gambling games if the
				manufacturer's:
(1) shrink-wrap is removed;
				or
(2) seal is broken.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 53 - Type II Gaming › Section 53-6 - House rules

Current through July 10, 2024
Authority: IC
				  4-36-3-3
Affected: IC 4-36
Sec. 6.
(a) The
				retailer must establish its house rules governing its type II gambling
				operation. At a minimum, the house rules shall contain all of the following
				information:
(1) The retailer's
				name.
(2) The Indiana alcoholic
				beverage permit number.
(3) The
				time limit for the redemption of the type II gambling game, which shall be not
				less than seven (7) days, but not more than fourteen (14) days from the date
				the deal is closed.
(4) The
				effective date of the house rules.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 53 - Type II Gaming › Section 53-7 - Redemption of winning ticket

Current through July 10, 2024
Authority: IC
				  4-36-3-3
Affected: IC 4-36
Sec. 7.
(a) A type
				II gambling game shall be redeemed only by the retailer that sold the winning
				game.
(b) A type II gambling game
				must be redeemed:
(1) not more than fourteen
				(14) days from the date the last ticket of the deal is sold; or
(2) within the time limit posted for
				redeeming winning tickets in accordance with the retailer's house
				rules.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 53 - Type II Gaming › Section 53-8 - Winner take all drawings; display of information

Current through July 10, 2024
Authority: IC
				  4-36-3-3
Affected: IC 4-36
Sec. 8.
A retailer must conspicuously display the following
				  information concerning each winner take all drawing:
(1) The price of a ticket.
(2) The number of tickets for sale.
(3) The time of the drawing.
(4) The description and value of the prizes
				awarded in the drawing.
(5) The
				manner in which a prize may be claimed.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 53 - Type II Gaming › Section 53-9 - Advertisement of type II games

Current through July 10, 2024
Authority: IC
				  4-36-3-3
Affected: IC 4-36; IC
				  7.1-5-7-11
Sec. 9.
(a) A
				retailer may place, display, or maintain, or cause to be placed, displayed, or
				maintained:
(1) a sign;
(2) banners; or
(3) pennants; advertising a type II game or
				related activities only inside the retailer's tavern.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 53 - Type II Gaming › Section 53-10 - Destruction and loss of type II gambling games

Current through July 10, 2024
Authority: IC
				  4-36-3-3
Affected: IC 4-36
Sec. 10.
(a) The
				licensee may dispose of unused type II gambling games and other licensed
				supplies specified by the commission by shredding, burning, or otherwise
				destroying them. The licensee must notify the commission that the items are to
				be destroyed thirty (30) days in advance of the destruction and must provide
				the following information:
(1) The date the
				items were destroyed.
(2) The
				manner of destruction.
(3) A
				description of the items destroyed.
(4) The quantity of items
				destroyed.
(5) The serial numbers
				of the items destroyed.
(6) The
				trade name of the items.
(7) The
				reason for destruction.
Destruction of any unused licensed supplies must be certified
				  by the licensee.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 53 - Type II Gaming › Section 53-11 - Records of retailer

Current through July 10, 2024
Authority: IC
				  4-36-3-3
Affected: IC 4-36
Sec. 11.
(a) A
				retailer must maintain adequate records of all financial aspects of type II
				gaming for the commission to conduct oversight as authorized by IC 4-36 and to
				report the information to the commission on forms prescribed by the
				commission.
(b) A retailer must set
				up a separate and segregated bank account to account for all proceeds and
				expenditures of the type II gambling operation.
(c) A retailer shall retain the following
				records for a minimum of four (4) years from the date each game is removed from
				play or each document is generated, as applicable:
(1) All type II gambling games removed from
				play, including the following:
(A) Prize
				flares.
(B) Unplayed
				tabs.
(C) Winning punches or
				tabs.
(D) Winning and unplayed
				winner take all game tickets.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 53 - Type II Gaming › Section 53-12 - Records of manufacturer or distributor

Current through July 10, 2024
Authority: IC
				  4-36-3-3
Affected: IC 4-36
Sec. 12.
(a) A
				manufacturer or a distributor must keep records adequate for the commission to
				conduct oversight as authorized by IC 4-36 and to report the information to the
				commission on forms prescribed by the commission. The records required must
				include, but are not limited to, the following:
(1) A general sales invoice that:
(A) is:
(i)
				numbered consecutively; and
(ii)
				prepared in at least two (2) parts, one (1) being issued to the customer and
				the other retained in an invoice file; and
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 53 - Type II Gaming › Section 53-13 - Administrative proceedings

Current through July 10, 2024
Authority: IC 4-36-3-3
Affected: IC 4-36
Sec. 13.
The adjudication proceeding concerning violations of IC 4-36
				  and this rule shall be governed by
				  905 IAC
				  1-37.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 53 - Type II Gaming › Section 53-14 - Deviation from provisions

Current through July 10, 2024
Authority: IC
				  4-36-3-3
Affected: IC 4-36
Sec. 14.
The commission may approve deviations from the provisions of
				  this article upon written request if the commission determines that:
(1) the requirement or procedure is
				impractical or burdensome; and
(2)
				the alternative means of satisfying the requirement or procedure:
(A) fulfills the purpose of the
				article;
(B) is in the best
				interest of the public and type II gaming in Indiana; and
(C) does not violate IC 4-36.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 53 - Type II Gaming › Section 53-15 - Restrictions

Current through July 10, 2024
Authority: IC
				  4-36-3-3
Affected: IC 4-36
Sec. 15.
(a) A
				manufacturer, distributor or their officers, employees, or agents shall not
				affiliate with the gaming operation of a retailer in any manner other than the
				sale or lease of licensed supplies.
(b) Manufacturers, distributors, and
				manufacturer and distributor representatives may sell or distribute type II
				gambling games or licensed supplies only to other licensed distributors,
				distributor representatives, or retailers unless:
(1) the sale of type II gambling games or
				licensed supplies are not for the purpose of conducting a type II gambling
				operation; and
(2) the
				manufacturer, distributor, and manufacturer or distributor representatives have
				notified the commission in writing.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 53 - Type II Gaming › Section 53-16 - Petition for review

Current through July 10, 2024
Authority: IC 4-36-3-3
Affected: IC 4-36
Sec. 16.
(a) An
				applicant whose application for a license has been denied or has not been
				renewed under this article may petition for review.
(b) As used in this rule, "petitioner" refers
				to the person whose:
(1) application has been
				denied by the commission; or
(2)
				license has not been renewed.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 1.5 - Definitions › Section 1.5-1 - Applicability

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-3; IC  22-9-1-4
Sec. 1.
The definitions in this rule apply throughout this article unless otherwise indicated. Any term used in this rule that is defined in the Indiana Civil Rights Law shall be given the meaning provided under the Indiana Civil Rights Law unless otherwise indicated.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 1.5 - Definitions › Section 1.5-2 - "Administrative law judge" defined

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-3; IC  22-9-1-4
Sec. 2.
"Administrative law judge" means a commissioner or an agent of the commission designated or delegated by the chair or vice chair to:
(1) conduct public hearings; and
(2) rule on prehearing motions and petitions.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 1.5 - Definitions › Section 1.5-3 - "Administrative Orders and Procedures Act" defined

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  4-21.5-1; IC  22-9-1-3; IC  22-9-1-4
Sec. 3.
"Administrative Orders and Procedures Act" means IC  4-21.5-1 as amended from time to time.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 1.5 - Definitions › Section 1.5-4 - "Chair" defined

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-3; IC  22-9-1-4
Sec. 4.
"Chair" means the person elected chair of the commission in accordance with the provisions of the Indiana Civil Rights Law.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 1.5 - Definitions › Section 1.5-5 - "Commission" defined

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-3; IC  22-9-1-4
Sec. 5.
"Commission" means the civil rights commission.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 1.5 - Definitions › Section 1.5-6 - "Commissioner" defined

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-3; IC  22-9-1-4
Sec. 6.
"Commissioner" means an individual appointed as a commissioner pursuant to the Indiana Civil Rights Law.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 1.5 - Definitions › Section 1.5-7 - "Day" defined

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-3; IC  22-9-1-4
Sec. 7.
"Day" means a calendar day unless the context clearly requires otherwise, provided, however, that when any period in which action must be taken under this article expires on a Saturday, Sunday, national or state holiday, or a day upon which the commission is closed for business, such period shall be extended to the next business day, provided further, that all periods of notice or time for taking action prescribed by this article or the Indiana Civil Rights Law shall be calculated by excluding the day from which the period begins to run and including the day on which the notice is effective or the action must be taken.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 1.5 - Definitions › Section 1.5-8 - "Finding of no probable cause" defined

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-3; IC  22-9-1-4
Sec. 8.
"Finding of no probable cause" means a written finding issued by the director, deputy director, or commission that probable cause does not exist to believe that an unlawful discriminatory practice occurred.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 1 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Rule 1.5 - Definitions › Section 1.5-9 - "Finding of probable cause" defined

Current through July 10, 2024
Authority: IC  22-9-1-6
Affected: IC  22-9-1-3; IC  22-9-1-4
Sec. 9.
"Finding of probable cause" means a written finding issued by the director, deputy director, or commission that probable cause exists to believe that a discriminatory practice occurred.