Sec. 4.
(a) In order
to sell or lease licensed supply to a qualified organization, an entity is
required to be licensed as a distributor under IC 4-32.3-3-4. A licensed
distributor may sell or lease licensed supply to another licensed distributor.
In order to manufacture licensed supply for sale or lease to a licensed
distributor, an entity is required to be licensed as a manufacturer under IC
4-32.3-3-4. A licensed manufacturer may sell or lease licensed supply to a
licensed distributor or another licensed manufacturer. To obtain an annual
license, a manufacturer or distributor must submit a written application on a
form prescribed by the commission.
(b) The manufacturer's application shall
include all information deemed appropriate by the commission or the executive
director, including, but not limited to, the following:
(1) The legal name, doing business as name,
if applicable, of the applicant and the address of the applicant's principal
place of business.
(2) The address
of each of the applicant's separate locations where licensed supplies are
manufactured.
(3) The name and home
address of all owners of the applicant's business if it is not a corporation
and, if it is a corporation, the name and address of the following:
(A) Each officer of the
corporation.
(B) Each substantial
owner.
(C) Each key
person.
(4) The name,
business address, and home address of the registered agent for service in
Indiana if the applicant is a corporation not domiciled in Indiana.
(5) Whether the applicant or a person
required to be named in the application is an owner, officer, director, or
employee of another entity that would be licensed under this rule.
(6) A full description or basic category of
the type of licensed supply that will be manufactured.
(7) The name of each state where the
applicant has been licensed to manufacture, supply, or distribute licensed
supplies, the license numbers, the period of time licensed, and whether or not
a license has ever been suspended, revoked, or voluntarily forfeited, and the
reason for that action.
(8) Whether
the applicant currently holds a registered retail merchant certificate,
out-of-state use tax certificate, or tax advisory letter issued by the
department of revenue. If so, the applicant shall provide a copy.
(9) A sworn statement signed by the president
or owner of the applicant attesting to the truth of the contents of the
application.
(c) A
distributor must purchase licensed supplies to be used in charity gaming in
Indiana from a licensed manufacturer or another licensed distributor. The
distributor's application shall include the following information:
(1) The legal name, doing business as name,
if applicable, of the applicant, and the address of the applicant's principal
place of business.
(2) The name and
address of the following:
(A) Each location
operated by the distributor where licensed supplies are stored.
(B) Each owner, if the applicant is not a
corporation.
(C) Each substantial
owner.
(D) The registered agent for
service in Indiana, if the applicant is a corporation not domiciled in
Indiana.
(E) Each key
person.
(3) A full
description or the basic category of the type of licensed supply that will be
distributed.
(4) The name of the
states where the applicant has been a licensed distributor, the license number,
the period of time licensed, and whether or not a license has ever been
suspended or revoked, or voluntarily forfeited, and the reason for that
action.
(5) The name and address of
the manufacturers from which purchases are made to be distributed in
Indiana.
(6) Whether the applicant
currently holds a registered retail merchant certificate, out-of-state use tax
certificate, or tax advisory letter issued by the department of revenue. If so,
the applicant shall provide a copy.
(7) A sworn statement signed by the president
or owner of the applicant attesting to the truth of the contents of the
application.
(d) An
entity that both manufactures and distributes licensed supply to be used in
charity gaming in Indiana must possess a manufacturer's license and a
distributor's license.
(e) A
license issued to a manufacturer or a distributor is not transferable.
