Current through September 18, 2024
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 1.
(a) The
commission may require the manufacturer or distributor of associated equipment
to obtain a supplier's license under 68 IAC 2-2.
(b) For purposes of this rule, "licensed
distributor" means a distributor of associated equipment under this rule that
the commission has required to obtain a supplier's license.
(c) The standards and requirements for a
supplier's license under 68 IAC 2-2 shall apply to a manufacturer or
distributor of associated equipment that the commission requires to be
licensed, except as otherwise indicated in this rule.
(d) A distributor of associated equipment
that applies for a supplier's license shall submit a distributor agreement in
lieu of the letter of intent required by
68 IAC
2-2-1(b). The distributor agreement
with the manufacturer of associated equipment shall state, at a minimum, the
following:
(1) That the distributor will work
directly with the manufacturer, and not through a third party, to distribute
associated equipment to Indiana casinos.
(2) If the manufacturer is not going to
obtain or retain a supplier's license, that the distributor, and not the
manufacturer, will distribute the specified associated equipment to Indiana
casinos.
(3) The commercially
useful functions that the distributor will perform regarding the associated
equipment that the distributor seeks to provide to Indiana casinos.
(4) The skills that the distributor possesses
to be the exclusive provider of the associated equipment to Indiana casinos,
including without limitation:
(A)
certifications;
(B) experience;
and
(C) technical knowledge of its
employees; that are relevant to the associated equipment that the distributor
seeks to provide to Indiana casinos.
(5) The distributor's employees and
contractors who will perform the work under the distributor
agreement.
(6) The circumstances
under which the manufacturer's employees and contractors may perform work in
Indiana casinos regarding the specified associated equipment.
(7) That the distributor will satisfy the
requirements of this rule.
(e) A licensed distributor of associated
equipment must be responsible for, at a minimum, the following functions:
(1) Executing and invoicing sales to Indiana
casinos.
(2) Marketing associated
equipment directly to Indiana casinos.
(3) Delivery of the associated equipment and
necessary parts to Indiana casinos.
(4) Being the initial contact for Indiana
casinos to obtain installation, maintenance, and service of the associated
equipment.
(5) Otherwise serving a
commercially useful function regarding the associated equipment that it
provides to Indiana casinos. To determine whether a licensed distributor is
performing a commercially useful function under this section, the commission
may consider the following:
(A) The amount of
work performed by the licensed distributor and its employees.
(B) The person responsible for scheduling the
installation, maintenance, or service.
(C) The amount of control the licensed
distributor has over the work of the manufacturer's employees or independent
contractors that perform installation, maintenance, and service of the
associated equipment.
(D) Standard
industry practices.
(E) Other
relevant factors.
(f) The commission may disapprove a
distributor agreement if it does not meet the standards of this rule.
