Section 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: (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).Amended by P.L. 194-2021,SEC. 8, eff. 4/29/2021.Amended by P.L. 137-2021,SEC. 20, eff. 7/1/2021.Amended by P.L. 19-2011, SEC. 3, eff. 7/1/2011.As added by P.L. 95-2008, SEC.13. Amended by P.L. 108-2009, SEC.18.