CHAPTER 19. LICENSE CONTROL DIVISION
IC 4-33-19
Chapter 19. License Control Division
IC 4-33-19-1
"Division"
Sec. 1. As used in this chapter, "division" means the license
control division established by section 3 of this chapter.
As added by P.L.227-2007, SEC.47.
IC 4-33-19-2
"Licensed entity"
Sec. 2. As used in this chapter, "licensed entity" means a person
holding:
(1) a charity gaming license issued under IC 4-32.2;
(2) a retail merchant's certificate issued under IC 6-2.5-8;
(3) a tobacco sales certificate issued under IC 7.1-3-18.5; or
(4) an alcoholic beverage permit issued under IC 7.1-3.
As added by P.L.227-2007, SEC.47.
IC 4-33-19-3
License control division established
Sec. 3. The license control division is established to conduct
administrative enforcement actions against licensed entities engaged
in unlawful gambling.
As added by P.L.227-2007, SEC.47.
IC 4-33-19-4
Authorized personnel
Sec. 4. The commission shall hire an administrative law judge,
attorneys, and other personnel necessary to carry out the division's
duties under this chapter.
As added by P.L.227-2007, SEC.47.
IC 4-33-19-5
Division duties under charity gaming laws
Sec. 5. The division shall carry out the commission's duties under
IC 4-32.2-8 and IC 4-32.2-9 with respect to any person that is:
(1) licensed under IC 4-32.2; and
(2) suspected of violating IC 35-45-5-3, IC 35-45-5-3.5, or
IC 35-45-5-4.
As added by P.L.227-2007, SEC.47.
IC 4-33-19-6
Duty to conduct license revocation proceedings
Sec. 6. The division shall, on behalf of the department of state
revenue or the alcohol and tobacco commission, conduct a license
revocation action against a licensed entity for any revocation action
authorized by any of the following statutes:
(1) IC 6-2.5-8-7(g).
(2) IC 7.1-3-18.5.
(3) IC 7.1-3-23-2(b).
(4) IC 7.1-3-23-5 with respect to a violation of IC 35-45-5-3,
IC 35-45-5-3.5, or IC 35-45-5-4.
As added by P.L.227-2007, SEC.47. Amended by P.L.94-2008,
SEC.1.
IC 4-33-19-7
Memorandum of understanding required
Sec. 7. (a) A memorandum of understanding between the
commission and:
(1) the department of state revenue in the case of an action
involving a person holding a retail merchant's certificate; or
(2) the alcohol and tobacco commission in the case of an action
involving a person holding a tobacco sales certificate or an
alcoholic beverage permit;
is required to authorize the division's actions under section 6 of this
chapter.
(b) The agencies described in subsection (a) shall enter into the
memorandum of understanding required by this section before
January 1, 2008.
As added by P.L.227-2007, SEC.47.
IC 4-33-19-8
Memorandum of understanding terms
Sec. 8. (a) A memorandum of understanding required by section
7 of this chapter must describe the responsibilities of each
participating agency in coordinating the agencies' administrative
enforcement actions with respect to suspected violations of
IC 35-45-5-3, IC 35-45-5-3.5, and IC 35-45-5-4.
(b) Each party to the memorandum of understanding required by
section 7 of this chapter must agree to permit the license revocation
actions subject to this chapter to be heard by an administrative law
judge employed by the division.
(c) A memorandum of understanding required by section 7 of this
chapter must set forth the administrative procedures applicable to
each revocation action conducted under this chapter.
As added by P.L.227-2007, SEC.47.
IC 4-33-19-9
Information concerning suspected criminal activity
Sec. 9. The division may refer any information concerning
suspected criminal activity discovered in carrying out the division's
duties under this chapter to the prosecuting attorney of the county in
which the suspected criminal activity occurred.
As added by P.L.227-2007, SEC.47.
IC 4-33-19-10
Gaming control officers assigned to assist the division
Sec. 10. The commission shall assign gaming control officers
employed under IC 4-33-20 to assist the division in carrying out the
duties of this chapter.
As added by P.L.227-2007, SEC.47.