Indiana § 4-33-6-25 - Number of gambling games

§ 4-33-6-25. Number of gambling games

Sec. 25. (a) This section does not apply to a riverboat gaming operation relocated under section 24 of this chapter.

(b) Except as provided in subsections (c) and (d), the number of gambling games offered by a licensed owner or operating agent within the riverboat operated by the licensed owner or operating agent may not exceed the greatest number of gambling games offered by the licensed owner or operating agent since January 1, 2007.

(c) The number of gambling games offered by a licensed owner operating under a license described in section 1(a)(1) of this chapter may not exceed two thousand seven hundred sixty-four (2,764).

(d) The number of gambling games offered by a licensed owner of an inland casino operated in Vigo County under IC 4-33-6.7 may not exceed one thousand five hundred (1,500).

(e) The number of gambling games offered by a licensed owner of an inland casino operated in Allen County, DeKalb County, or Steuben County under IC 4-33-6.8 may not exceed one thousand five hundred (1,500).

As added by P.L.255-2015, SEC.12. Amended by P.L.293-2019, SEC.19; P.L.77-2026, SEC.8.

IC 4-33-6.5Chapter 6.5. Riverboat Operating Agent Contract

4-33-6.5-1Maximum number of operating agent contracts 4-33-6.5-2Applicant requirements for an operating agent contract 4-33-6.5-3Restrictions on issuance 4-33-6.5-4Factors considered in granting operating agent contract; submission of proposed riverboat design 4-33-6.5-5Requirements of operating agent 4-33-6.5-6Bond 4-33-6.5-7Reinvestigations of operating agent 4-33-6.5-8Maximum number of riverboats operated by operating agent 4-33-6.5-9Other licenses 4-33-6.5-10Equipment of operating agent; annual inventory report 4-33-6.5-11Schools for training occupational licensees 4-33-6.5-12Operating agent contract, transfer, sale, purchase, or voting trust; rules of procedure; prohibitions 4-33-6.5-13Prohibited terms of contract 4-33-6.5-14Duties of operating agent 4-33-6.5-15Riverboat operated by operating agent subject to property taxes 4-33-6.5-16Submission of proposed power of attorney

IC 4-33-6.5-1Maximum number of operating agent contracts Sec. 1. The commission may enter into one (1) operating agent contract with a person to operate one (1) riverboat on behalf of the commission in a historic hotel district. The commission shall issue a request for proposals and award the contract under IC 5-22-9.

As added by P.L.92-2003, SEC.31.

IC 4-33-6.5-2Applicant requirements for an operating agent contract Sec. 2. (a) A person, including a person who holds or has an interest in an owner's license issued under this article, may file an application with the commission to serve as an operating agent under this chapter. An applicant must pay a nonrefundable application fee to the commission in an amount to be determined by the commission.

(b) An applicant must submit the following on forms provided by the commission:

(1) If the applicant is an individual, two (2) sets of the individual's fingerprints.

(2) If the applicant is not an individual, two (2) sets of fingerprints for each officer and director of the applicant.

(c) This subsection applies to an applicant who applies after May 12, 2009, to serve as an operating agent under this chapter. An applicant shall submit for the approval of the commission a written power of attorney identifying the person who, if approved by the commission, would serve as the applicant's trustee to operate the riverboat. The power of attorney submitted under this subsection must:

(1) be executed in the manner required by IC 30-5;

(2) describe the powers that may be delegated to the proposed trustee;

(3) conform with the requirements established by the commission under IC 4-33-4-3(a)(9); and

(4) be submitted on the date that the applicant pays the application fee described in subsection (a).

(d) The commission shall review the applications filed under this chapter and shall inform each applicant of the commission's decision.

(e) The costs of investigating an applicant to serve as an operating agent under this chapter shall be paid from the application fee paid by the applicant.

(f) An applicant to serve as an operating agent under this chapter must pay all additional costs that are:

(1) associated with the investigation of the applicant; and

(2) greater than the amount of the application fee paid by the applicant.

As added by P.L.92-2003, SEC.31. Amended by P.L.142-2009, SEC.10; P.L.1-2010, SEC.9; P.L.93-2024, SEC.33.

IC 4-33-6.5-3Restrictions on issuance Sec. 3. The commission may not enter into an operating agent contract with a person under this chapter if:

(1) the person has been convicted of a felony under Indiana law, the laws of any other state, or the laws of the United States;

(2) the person has knowingly or intentionally submitted an application under this chapter that contains false information;

(3) the person is a member of the commission;

(4) the person is an officer, a director, or a managerial employee of a person described in subdivision (1) or (2);

(5) the person employs an individual who is described in subdivision (1), (2), or (3); or

(6) a license issued to the person to own or operate gambling facilities in another jurisdiction has been revoked.

As added by P.L.92-2003, SEC.31.

IC 4-33-6.5-4Factors considered in granting operating agent contract; submission of proposed riverboat design Sec. 4. In determining whether to grant an operating agent contract to an applicant, the commission shall consider the following:

(1) The character, reputation, experience, and financial integrity of the following:

(A) The applicant.

(B) A person that:

(i) directly or indirectly controls the applicant; or

(ii) is directly or indirectly controlled by the applicant or by a person that directly or indirectly controls the applicant.

(2) The facilities or proposed facilities for the conduct of riverboat gambling in a historic hotel district. The applicant must submit to the commission a proposed design of the riverboat.

(3) The highest prospective total revenue to be collected by the state from the conduct of riverboat gambling.

(4) The good faith affirmative action plan of each applicant to recruit, train, and upgrade minorities in all employment classifications.

(5) The financial ability of the applicant to purchase and maintain adequate liability and casualty insurance.

(6) Whether the applicant has adequate capitalization to operate a riverboat for the duration of the contract.

(7) The extent to which the applicant provides assurances that the applicant will participate in the funding of:

(A) specific economic development programs; or

(B) infrastructure improvements;

in the county where the riverboat is located.

(8) The extent to which the applicant exceeds or meets other standards adopted by the commission.

As added by P.L.92-2003, SEC.31.

IC 4-33-6.5-5Requirements of operating agent Sec. 5. After selecting the most appropriate operating agent applicant, the commission may enter into an operating agent contract with the person. The operating agent contract must comply with this article and include the following terms and conditions:

(1) The operating agent must pay a nonrefundable initial fee of one million dollars ($1,000,000) to the commission. The fee must be deposited by the commission into the West Baden Springs historic hotel preservation and maintenance fund established by IC 36-7-11.5-11(b).

(2) The operating agent must post a bond as required in section 6 of this chapter.

(3) The operating agent must locate the riverboat in a historic hotel district at a location approved by the commission.

(4) The operating agent must comply with any requirements concerning the exterior design of the riverboat that are approved by the commission.

(5) Notwithstanding any law limiting the maximum length of contracts:

(A) the initial term of the contract may not exceed twenty (20) years; and

(B) any renewal or extension period permitted under the contract may not exceed twenty (20) years.

(6) The operating agent must collect and remit all taxes under IC 4-33-13.

(7) The operating agent must comply with the restrictions on the transferability of the operating agent contract under section 12 of this chapter.

As added by P.L.92-2003, SEC.31. Amended by P.L.234-2007, SEC.278; P.L.268-2017, SEC.23.

IC 4-33-6.5-6Bond Sec. 6. (a) An operating agent must post a bond with the commission at least sixty (60) days before the commencement of regular riverboat operations in the historic hotel district.

(b) The bond must be furnished in:

(1) cash or negotiable securities;

(2) a surety bond:

(A) with a surety company approved by the commission; and

(B) guaranteed by a satisfactory guarantor; or

(3) an irrevocable letter of credit issued by a banking institution of Indiana acceptable to the commission.

(c) If a bond is furnished in cash or negotiable securities, the principal shall be placed without restriction at the disposal of the commission, but income inures to the benefit of the operating agent.

(d) The bond:

(1) is subject to the approval of the commission;

(2) must be in an amount that the commission determines will adequately reflect the amount that a local community will expend for infrastructure and other facilities associated with a riverboat operation; and

(3) must be payable to the commission as obligee for use in payment of the riverboat's financial obligations to the local community, the state, and other aggrieved parties, as determined by the rules of the commission.

Any bond proceeds remaining after the payments shall be deposited in the West Baden Springs historic hotel preservation and maintenance fund established by IC 36-7-11.5-11.

(e) If after a hearing (after at least five (5) days written notice) the commission determines that the amount of an operating agent's bond is insufficient, the operating agent shall, upon written demand of the commission, file a new bond.

(f) The commission may require an operating agent to file a new bond with a satisfactory surety in the same form and amount if:

(1) liability on the old bond is discharged or reduced by judgment rendered, payment made, or otherwise; or

(2) in the opinion of the commission any surety on the old bond becomes unsatisfactory.

(g) If a new bond obtained under subsection (e) or (f) is unsatisfactory, the commission shall cancel the operating agent's contract. If the new bond is satisfactorily furnished, the commission shall release in writing the surety on the old bond from any liability accruing after the effective date of the new bond.

(h) A bond is released on the condition that the operating agent remains at the site of the riverboat operating within the historic hotel district:

(1) for five (5) years; or

(2) until the date the commission enters into a contract with another operating agent to operate from the site for which the bond was posted;

whichever occurs first.

(i) An operating agent who does not meet the requirements of subsection (h) forfeits a bond filed under this section. The proceeds of a bond that is in default under this subsection are paid to the commission and used in the same manner as specified in subsection (d).

(j) The total liability of the surety on a bond is limited to the amount specified in the bond, and the continuous nature of the bond may not be construed as allowing the liability of the surety under a bond to accumulate for each successive approval period during which the bond is in force.

(k) A bond filed under this section is released sixty (60) days after:

(1) the time specified under subsection (h); and

(2) a written request is submitted by the operating agent.

As added by P.L.92-2003, SEC.31. Amended by P.L.234-2007, SEC.279.

IC 4-33-6.5-7Reinvestigations of operating agent Sec. 7. (a) An operating agent shall undergo a complete investigation at least once every three (3) years to ensure that the operating agent remains in compliance with this article.

(b) Notwithstanding subsection (a), the commission may investigate an operating agent at any time the commission determines it is necessary to ensure that the operating agent remains in compliance with this article.

(c) An operating agent shall bear the cost of an investigation or a reinvestigation under this section.

As added by P.L.92-2003, SEC.31.

IC 4-33-6.5-8Maximum number of riverboats operated by operating agent Sec. 8. An operating agent contract under this chapter permits the operating agent to operate one (1) riverboat on behalf of the commission.

As added by P.L.92-2003, SEC.31.

IC 4-33-6.5-9Other licenses Sec. 9. An operating agent may apply to the commission for and may hold licenses that are necessary for the operation of a riverboat, including the following:

(1) A license to prepare and serve food for human consumption.

(2) Any other necessary license.

As added by P.L.92-2003, SEC.31.

IC 4-33-6.5-10Equipment of operating agent; annual inventory report Sec. 10. An operating agent may own gambling equipment, devices, and supplies. Each operating agent must file an annual report listing the operating agent's inventories of gambling equipment, devices, and supplies.

As added by P.L.92-2003, SEC.31.

IC 4-33-6.5-11Schools for training occupational licensees Sec. 11. This article does not prohibit an operating agent from operating a school for the training of occupational licensees.

As added by P.L.92-2003, SEC.31.

IC 4-33-6.5-12Operating agent contract, transfer, sale, purchase, or voting trust; rules of procedure; prohibitions Sec. 12. (a) An operating agent must apply for and receive the commission's approval before:

(1) an operating agent's contract is:

(A) transferred;

(B) sold; or

(C) purchased; or

(2) a voting trust agreement or other similar agreement is established with respect to the operating agent.

(b) The commission shall adopt rules governing the procedure an operating agent or other person must follow to take an action under subsection (a). The rules must specify that a person who obtains an ownership interest in an operating agent contract must meet the criteria of this article and any rules adopted by the commission. An operating agent may transfer an interest in an operating agent contract only in accordance with this article and rules adopted by the commission.

(c) An operating agent or any other person may not:

(1) lease;

(2) hypothecate; or

(3) borrow or loan money against;

an operating agent contract.

As added by P.L.92-2003, SEC.31.

IC 4-33-6.5-13Prohibited terms of contract Sec. 13. A contract entered into under this chapter may not include any terms under which the operating agent is required to pay any amount to the state or the gaming commission other than the fees and taxes specifically authorized or required under this article.

As added by P.L.92-2003, SEC.31.

IC 4-33-6.5-14Duties of operating agent Sec. 14. Except as otherwise specifically provided by this article, an operating agent is charged with all the duties imposed upon a licensed owner under this article.

As added by P.L.92-2003, SEC.31.

IC 4-33-6.5-15Riverboat operated by operating agent subject to property taxes Sec. 15. A riverboat operated under an operating agent contract under this article is not exempt from property taxes imposed under IC 6-1.1.

As added by P.L.92-2003, SEC.31.

IC 4-33-6.5-16Submission of proposed power of attorney Sec. 16. (a) The person holding an operating agent contract on July 1, 2009, shall submit for the approval of the commission a written power of attorney identifying the person who, if approved by the commission, would serve as the operating agent's trustee to operate the riverboat. The power of attorney submitted under this subsection must:

(1) be executed in the manner required by IC 30-5;

(2) describe the powers that may be delegated to the proposed trustee;

(3) conform with the requirements established by the commission under IC 4-33-4-3(a)(9); and

(4) be submitted before November 1, 2009.

(b) The commission may not renew an operating agent contract unless the commission:

(1) receives a proposed power of attorney from the operating agent;

(2) approves the trustee identified by the power of attorney; and

(3) approves the power of attorney.

(c) An operating agent must petition the commission for its approval of any changes to a power of attorney approved by the commission.

As added by P.L.142-2009, SEC.11. Amended by P.L.93-2024, SEC.34.

IC 4-33-6.7Chapter 6.7. Vigo County Casino Operations

4-33-6.7-1Applications and proposals to operate an inland casino in Vigo County; deadlines; commission to prescribe form of the application and proposal 4-33-6.7-2Commission review of applications and proposals; commission determination of suitability of applicants 4-33-6.7-3Required information for applications and proposals; description of proposed facilities 4-33-6.7-4Commission considerations of applicants 4-33-6.7-5Commission issuance of owner's license to conduct gaming operations in Vigo County; fee; other requirements for owner's license 4-33-6.7-6Fee deposited in state general fund 4-33-6.7-7Payments to Evansville

IC 4-33-6.7-1Applications and proposals to operate an inland casino in Vigo County; deadlines; commission to prescribe form of the application and proposal Sec. 1. If a licensed owner submits a request to relocate gaming operations under IC 4-33-6-4.5, the commission shall begin accepting applications and proposals for awarding a license to operate an inland casino in Vigo County. The commission shall publish deadlines for submitting an application and proposal under this chapter on its website. An application and proposal must comply with the provisions of IC 4-33-6-2 and include any additional information required by the commission. The commission shall prescribe the form of the application and proposal for permission to operate an inland casino under this chapter.

As added by P.L.293-2019, SEC.20. Amended by P.L.1-2025, SEC.28.

IC 4-33-6.7-2Commission review of applications and proposals; commission determination of suitability of applicants Sec. 2. The commission shall review applications and proposals submitted under section 1 of this chapter and determine the suitability of each applicant. In determining suitability, the commission shall consider each applicant's financial integrity and the applicant's ability to operate an inland casino. The commission shall also consider the factors in IC 4-33-6-4. The commission may not determine an applicant is suitable if the commission finds that any of the provisions of IC 4-33-6-3 apply.

As added by P.L.293-2019, SEC.20.

IC 4-33-6.7-3Required information for applications and proposals; description of proposed facilities Sec. 3. (a) An application and proposal must include the following information:

(1) The name of the applicant.

(2) The street address of the applicant's proposed casino.

(3) A description of the proposed gaming facilities and proposed nongaming amenities, including any lodging facilities, dining facilities, and retail facilities, at the proposed casino.

(4) The amounts the applicant will invest in the gaming facilities and nongaming facilities at the proposed casino.

(5) A proposed local development agreement with the county.

(6) Evidence that the applicant's proposed casino will do the following:

(A) Enhance the credibility and integrity of gaming in Indiana.

(B) Promote employment and economic development in the area surrounding the proposed casino.

(C) Optimize the collection of tax revenue under this article.

(7) The applicant's plan for complying with IC 4-33-14 in the construction and conduct of the applicant's proposed gaming operations in Vigo County.

(b) A description of an applicant's proposed facilities submitted under subsection (a)(3) is a public document. IC 4-33-5 applies to an applicant's application for the license and other information submitted by the applicant.

As added by P.L.293-2019, SEC.20.

IC 4-33-6.7-4Commission considerations of applicants Sec. 4. In determining the applicant best suited for an owner's license, the commission shall consider:

(1) economic benefits;

(2) tax revenue;

(3) the number of new jobs;

(4) whether the applicant plans an investment of at least one hundred million dollars ($100,000,000), with sixty-five percent (65%) of the owner's proposed investment for the development of a casino, and thirty-five percent (35%) of the owner's proposed investment for the development of nongaming amenities;

(5) whether the applicant has a resolution of support from the legislative body of the unit in Vigo County where it seeks to relocate;

(6) the financial stability of the applicant;

(7) the applicant's history of community involvement; and

(8) any other factor that the commission considers appropriate.

As added by P.L.293-2019, SEC.20.

IC 4-33-6.7-5Commission issuance of owner's license to conduct gaming operations in Vigo County; fee; other requirements for owner's license Sec. 5. The commission:

(1) may issue an owner's license to the person that the commission determines is best suited to hold the license and conduct gaming operations in Vigo County;

(2) shall require a person issued an owner's license under subdivision (1) to promptly deliver to the commission a fee of five million dollars ($5,000,000); and

(3) may impose other requirements that the commission deems necessary and appropriate to protect the interest of the state and the person issued an owner's license under subdivision (1).

As added by P.L.293-2019, SEC.20.

IC 4-33-6.7-6Fee deposited in state general fund Sec. 6. The commission shall deposit the fee received under section 5 of this chapter in the state general fund.

As added by P.L.293-2019, SEC.20.

IC 4-33-6.7-7Payments to Evansville Sec. 7. The licensed owner of a riverboat operating in Vigo County shall pay:

(1) a one (1) time payment of one million two hundred thousand dollars ($1,200,000) within the first year that the licensed owner conducts gaming operations in Vigo County;

(2) a one (1) time payment of nine hundred thousand dollars ($900,000) within the second year that the licensed owner conducts gaming operations in Vigo County; and

(3) a one (1) time payment of six hundred thousand dollars ($600,000) within the third year that the licensed owner conducts gaming operations in Vigo County;

to the city of Evansville.

As added by P.L.293-2019, SEC.20.

IC 4-33-6.8Chapter 6.8. Northeast Indiana Casino Operations

4-33-6.8-1Issuance of license 4-33-6.8-2Application for license 4-33-6.8-3Local government support 4-33-6.8-4Commission review of applications 4-33-6.8-5Supplemental bid 4-33-6.8-6Final decision by commission 4-33-6.8-7License fee 4-33-6.8-8Commission enforcement; sale or transfer of license

IC 4-33-6.8-1Issuance of license Sec. 1. Except as provided by IC 4-33-6-19.5(f), and subject to this chapter, the commission may issue an owner's license to operate an inland casino in Allen County, DeKalb County, or Steuben County in the manner required by this chapter.

As added by P.L.77-2026, SEC.9.

IC 4-33-6.8-2Application for license Sec. 2. (a) If the voters of Allen County, DeKalb County, or Steuben County approve inland casino gambling in the county, the commission shall begin accepting applications and proposals for awarding a license to operate an inland casino in the county or counties in which the voters approved inland casino gambling. Any operator of a brick and mortar casino located in the United States may apply for a license to own and operate an inland casino under this chapter by submitting the following to the commission not later than December 1, 2026:

(1) A written application that contains the following information:

(A) The county in which the applicant is proposing to operate an inland casino. For purposes of this clause, the application must select Allen County, DeKalb County, or Steuben County.

(B) Documented and verifiable information describing the following:

(i) The proposed site of the inland casino.

(ii) Evidence of site control or real estate options.

(iii) Conceptual plans for casino and nongaming facilities.

(iv) Estimated construction and total development costs.

(v) A phased investment and construction timeline.

(vi) Market and feasibility information.

(vii) The financial capacity of the applicant.

(C) The applicant's commitment and plan to invest at least five hundred million dollars ($500,000,000) for the development of a casino and nongaming amenities onsite in the county selected under clause (A) in the following manner:

(i) At least sixty percent (60%) of the amount invested in the initial phase of development within two (2) years from the date the license is awarded.

(ii) The remaining amount invested, and the development of the casino and nongaming amenities completed, not later than five (5) years after gaming operations begin at the relocated casino under this chapter.

(D) Any other information requested by the commission.

(2) The local government support documents required under section 3(a) of this chapter.

(b) An application submitted under subsection (a) may include financial commitments to the horse racing industry.

(c) For purposes of subsection (a), the commission may not accept:

(1) subject to section 5 of this chapter, more than one (1) application from an applicant;

(2) an application that proposes to operate an inland casino in a county other than Allen County, DeKalb County, or Steuben County; or

(3) an application that does not include the information and documents required under subsection (a).

As added by P.L.77-2026, SEC.9.

IC 4-33-6.8-3Local government support Sec. 3. (a) An applicant must submit the following with an application under section 2 of this chapter:

(1) A copy of a resolution adopted by a majority of the board of county commissioners of the county selected by the applicant under section 2(a)(1)(A) of this chapter that supports the applicant's proposed license.

(2) If the proposed casino will be located within a municipality, a letter of support for the proposed license signed by the mayor of the municipality.

(b) Except as provided in section 5 of this chapter, a unit (as defined in IC 36-1-2-23) may:

(1) privately negotiate with an applicant before an application is submitted; and

(2) support or decline to support specific applicants in a letter or resolution under subsection (a).

As added by P.L.77-2026, SEC.9.

IC 4-33-6.8-4Commission review of applications Sec. 4. (a) Following the submission of applications under section 2 of this chapter, the commission shall review the filed applications. Not later than January 15, 2027, the commission shall:

(1) make the filed applications available to the public; and

(2) prepare an informational summary of the filed applications and make the summary available to the public.

The commission may redact information that it determines to be confidential in the applications or informational summary made available to the public.

(b) The commission may hire independent consultants or experts to assist with evaluating applications.

(c) The commission must decide whether to approve or deny an application submitted under section 2 of this chapter based on documented and verifiable information, including the following:

(1) The net economic benefit to the state.

(2) Increased state and local tax revenue.

(3) The number and quality of jobs created.

(4) The amount of capital investment planned by the applicant under section 2(a)(1)(C) of this chapter.

(5) The quality and durability of proposed facilities.

(6) The financial stability of the applicant.

(7) Site feasibility and infrastructure readiness.

(8) Market sustainability.

(9) The impact on other Indiana casinos and the horse racing industry.

(10) Regulatory compliance history.

(11) The total public value of a supplemental bid under section 5 of this chapter, if applicable.

(12) Any other factor deemed appropriate by the commission.

(d) The commission may not decide whether to approve or deny an application submitted under section 2 of this chapter based on lobbying, political pressure, or unverifiable claims.

(e) The commission may hold executive sessions under IC 5-14-1.5-6.1(b)(1) to review and discuss applications submitted under this chapter.

As added by P.L.77-2026, SEC.9.

IC 4-33-6.8-5Supplemental bid Sec. 5. (a) This section applies if the commission receives more than one (1) application proposing to operate an inland casino in the same county.

(b) The commission may, after making the filed applications available to the public under section 4 of this chapter, solicit and accept a supplemental bid from one (1) or more of the applicants that submitted an application described in subsection (a).

(c) The following apply to a supplemental bid submitted under subsection (b):

(1) A supplemental bid:

(A) must be submitted only to the commission; and

(B) subject to subsection (e), must be sealed and is confidential.

(2) A supplemental bid may include proposed payments to one (1) or both of the following:

(A) The state.

(B) The community in which the proposed inland casino will be located.

(3) Each supplemental bid must clearly identify the amount, recipient, and timing of a proposed payment under subdivision (2).

(4) An applicant may include in a supplemental bid modifications to the information submitted by the applicant under:

(A) section 2(a)(1)(B)(iii) through 2(a)(1)(B)(v) of this chapter; and

(B) section 2(a)(1)(C) of this chapter.

(5) A unit (as defined in IC 36-1-2-23) may not negotiate directly with an applicant submitting a supplemental bid.

(d) If a supplemental bid is submitted under this section, the commission is not required to consider only applications accompanied by a supplemental bid. The commission may approve an application that was not accompanied by a supplemental bid.

(e) After the commission makes a final decision under section 6 of this chapter, the commission must make public each supplemental bid received under this section.

As added by P.L.77-2026, SEC.9.

IC 4-33-6.8-6Final decision by commission Sec. 6. (a) After issuing the informational summary required under section 4(a)(2) of this chapter, and not later than April 15, 2027, the commission shall issue a final decision approving or denying each application. The final decision must include written findings explaining the decision.

(b) The commission may:

(1) approve only one (1) application under subsection (a); and

(2) deny all of the filed applications if the commission determines that none of the applications serve the interests of the state.

As added by P.L.77-2026, SEC.9.

IC 4-33-6.8-7License fee Sec. 7. (a) If the commission approves an application under section 6 of this chapter, the commission:

(1) shall require the applicant to pay to the commission a fee of one hundred fifty million dollars ($150,000,000) in the manner described in subsection (b); and

(2) may impose other requirements that the commission deems necessary and appropriate to protect the interest of the state and the person whose application is approved under section 6 of this chapter.

(b) The payment required by subsection (a)(1) must be paid to the commission in five (5) annual payments of equal amounts. The first payment required by this section is due within thirty (30) days of the approval of the application under section 6 of this chapter. The four (4) remaining annual payments are each due on the anniversary date of the first payment.

(c) The commission shall deposit the total sum of fee revenue received under subsection (a) as follows:

(1) One hundred million dollars ($100,000,000) in the state general fund.

(2) Fifty million dollars ($50,000,000) in the shuttered riverboat fund established in IC 4-33-4-28.

As added by P.L.77-2026, SEC.9.

IC 4-33-6.8-8Commission enforcement; sale or transfer of license Sec. 8. (a) The commission may enforce the phasing and completion timelines to which the applicant committed under section 2(a) of this chapter.

(b) If the applicant whose application was approved by the commission under section 6 of this chapter sells or otherwise transfers the licensed owner's interest in the owner's license within ten (10) years from the date the application was approved, the following apply:

(1) The licensed owner shall pay a fee of fifty million dollars ($50,000,000) to the commission before the sale or transfer of the license may be approved by the commission. Any payment required under this subdivision shall be deposited in the state general fund.

(2) If, at the time of the transfer of ownership, the five hundred million dollar ($500,000,000) investment to which the licensed owner committed under section 2(a)(1)(C) of this chapter has not been met, the person acquiring the owner's license shall, not later than ten (10) years from the date the application was approved by the commission under section 6 of this chapter, invest in the casino and nongaming amenities an amount that is at least equal to the difference between five hundred million dollars ($500,000,000) and the amount actually invested by the person transferring the owner's license.

As added by P.L.77-2026, SEC.9.

IC 4-33-7Chapter 7. Licensing of Suppliers

4-33-7-1Supplier's license; requirements; gambling games at racetracks 4-33-7-2Gambling equipment and supplies; distribution 4-33-7-3Restrictions on issuance of license 4-33-7-4Necessity of license; exception 4-33-7-5Sale or lease of equipment, devices, and supplies; information furnished to commission 4-33-7-6Forfeiture of equipment, devices, or supplies 4-33-7-7Repair of equipment, devices, and supplies 4-33-7-8License renewal; compliance investigations; gambling games at racetracks; deductions