Sec. 19. (a) A permit holder has a right of action against a secondary pari-mutuel organization that accepts a wager in violation of section 16 of this chapter.
(b) If the permit holder prevails in an action filed under this section, the permit holder is entitled to the following: (1) An injunction to enjoin future violations of this chapter.
(2) Compensatory damages equal to any actual damage proven by the permit holder. If the permit holder does not prove actual damage, the permit holder is entitled to presumptive damages of five hundred dollars ($500) for each wager placed in violation of this chapter.
(3) The permit holder's reasonable attorney's fees and other litigation costs reasonably incurred in connection with the action.
(c) A secondary pari-mutuel organization that accepts a wager in violation of section 16 of this chapter submits to the jurisdiction of Indiana courts for purposes of this chapter.
As added by P.L.268-2017, SEC.12.
Structure Indiana Code
Title 4. State Offices and Administration
Article 31. Pari-Mutuel Wagering on Horse Races
Chapter 7.5. Advance Deposit Wagering
4-31-7.5-3. "Advance Deposit Wagering"
4-31-7.5-4. "Advance Deposit Wagering Account"
4-31-7.5-5. "Communication by Other Electronic Means"
4-31-7.5-7. "Secondary Pari-Mutuel Organization"
4-31-7.5-8. "Source Market Fee"
4-31-7.5-9. Advance Deposit Wagering Permitted
4-31-7.5-10. Licensed Spmo Acceptance of Advance Deposit Wagers
4-31-7.5-12. Licensed Spmo Compliance With Federal Laws
4-31-7.5-13. Secondary Pari-Mutuel Organization License Application
4-31-7.5-14. Extra Costs Incurred by the Commission
4-31-7.5-15. Secondary Pari-Mutuel Organization Licenses
4-31-7.5-18. "Net Source Market Fee"; Fee Payments; Horse Racing Promotion
4-31-7.5-19. Right of Action Against a Secondary Pari-Mutuel Organization