§ 4-36-5-1 — Retailers authorized to offer type II gambling games and qualified drawings; conduct of qualified drawings

(a) A retailer may offer the sale of type II
gambling games in accordance with this article.
(b) A retailer's endorsement also authorizes a retailer to conduct
qualified drawings:
(1) on the premises of the retailer's tavern; or
(2) on the retailer's jumbo boat.
(c) A qualified drawing is subject to the following rules and
limitations:
(1) The purchase price for a chance to win a prize in a qualified
drawing may not exceed five dollars ($5).
(2) This subdivision does not apply to a qualified drawing
conducted under subdivision (11). The total value of all prizes
that may be won in a particular qualified drawing may not exceed
three hundred dollars ($300) for any of the following:
(A) A daily drawing.
(B) A weekly drawing.
(C) A monthly drawing.
(3) A qualified drawing must be conducted in accordance with the
following limitations:
(A) Not more than one (1) daily drawing may be conducted
each day.
(B) Not more than one (1) weekly drawing may be conducted
each week.
(C) Not more than one (1) monthly drawing may be conducted
each month.
(D) Weekly drawings must be held on regular seven (7) day
intervals posted in the information required by subdivision (9).
(E) Monthly drawings must be held on regular monthly
intervals posted in the information required by subdivision (9).
A weekly or monthly drawing may be conducted on the same day
that a daily drawing is conducted.
(4) Except as otherwise provided in this section, a patron must be
present to claim a prize awarded in a qualified drawing.
(5) A retailer may profit from conducting a qualified drawing.
(6) If no winning ticket is drawn in a qualified drawing, a retailer
may:
(A) carry the prize over to a later drawing in accordance with
this section; or
(B) continue drawing tickets until a winner is drawn.
(7) If a patron who purchased a winning ticket is not present to
claim a prize at the time of the qualified drawing, a retailer shall
hold the prize for the winning patron in accordance with the rules
of the retailer.
(8) In order to comply with subdivision (7), a retailer shall obtain
the name, address, and telephone number of each patron who
purchases a ticket for a qualified drawing.
(9) A retailer must conspicuously display the following
information concerning each qualified drawing conducted by the
retailer:
(A) The price of a ticket.
(B) The time of the drawing.
(C) The description and value of the prizes awarded in the
drawing.
(D) The manner in which a prize may be claimed.
(E) The rules of the retailer concerning the following:
(i) Qualified drawings in which no winning ticket is drawn.
(ii) The period that the retailer will hold a prize for a winning
patron who was not present to claim the prize at the time of
the qualified drawing.
(F) Whether:
(i) the retailer will retain the profits realized from conducting
the qualified drawing; or
(ii) the amount wagered on the qualified drawing will be
returned to the retailer's patrons in the form of prizes.
(10) Notwithstanding any other provision of this chapter, a
retailer must continue drawing tickets in a monthly drawing until
the retailer draws a ticket purchased by a patron who is present to
claim the prize.
(11) The following rules apply only to a qualified drawing from
which the retailer retains the profits:
(A) Cash may not be awarded to the winner of the qualified
drawing.
(B) All prizes must be in the form of merchandise other than
alcohol or tobacco.
(C) The maximum amount of wagers that a retailer may accept
in the course of conducting the qualified drawing is five
hundred dollars ($500).
(d) When the winning patron is not present at the time of the
qualified drawing to claim a prize, the retailer shall award the prize in
the following manner:
(1) The retailer shall immediately notify the winning patron by
telephone that the patron's name was drawn in a qualified drawing
and that the patron has the time permitted by the rules of the
retailer, which must be at least seventy-two (72) hours, to claim
the prize.
(2) The winning patron must appear at the retailer's premises
within the time permitted by the rules of the retailer to claim the
prize in person.
(3) The retailer shall verify the identity of the winning patron and
award the prize.
(e) This subsection applies when the rules of a retailer require the
retailer to carry over a prize when no winning ticket is drawn and when
a winning patron fails to claim a prize in the manner required by
subsection (d). The retailer shall carry the prize over to a later qualified
drawing as follows:
(1) An unclaimed prize from a daily drawing must be carried over
to the next daily drawing.
(2) Subject to the prize limits set forth in subsection (c)(2), a
retailer may carry over a prize under subdivision (1) not more
than fourteen (14) times. On the fourteenth calendar day to which
a prize has been carried over, the retailer must continue drawing
tickets until the retailer draws a ticket purchased by a patron who
is present to claim the prize.
(3) An unclaimed prize from a weekly drawing must be carried
over to the next weekly drawing.
(4) Subject to the prize limits set forth in subsection (c)(2), a
retailer may carry over a prize under subdivision (3) not more
than one (1) time. On the day that the retailer conducts a weekly
drawing for the carried over prize, the retailer must continue
drawing tickets until the retailer draws a ticket purchased by a
patron who is present to claim the prize.
(f) The following apply to a retailer that carries over a prize under
subsection (e):
(1) A retailer may conduct the daily drawing regularly scheduled
for a calendar day occurring during the time that the retailer holds
a prize for a winning patron who was not present at the time of a
qualified drawing.
(2) If an unclaimed prize from a daily drawing is carried over to
a particular date, the retailer may not conduct the regular daily
drawing that would otherwise be permitted under this section on
that date.
(3) If an unclaimed prize from a weekly drawing is carried over
to a particular date, the retailer may not conduct the regular
weekly drawing that would otherwise be permitted under this
section on that date.
(4) Subject to the prize limits set forth in subsection (c)(2), a
retailer may accept additional entries to a drawing for a carried
over prize.
(g) The following apply to a raffle drawing:
(1) A retailer may not retain more than twenty percent (20%) of
the proceeds.
(2) A retailer must establish and publish house rules.
(3) The maximum amount of prizes in a raffle game is limited to
thirty thousand dollars ($30,000).

Legislative History

As added by P.L.95-2008, SEC.13. Amended by P.L.108-2009, SEC.18; P.L.19-2011, SEC.3; P.L.194-2021, SEC.8; P.L.137-2021, SEC.20; P.L.145-2021, SEC.17.