Sec. 9. "Bona fide out-of-state charitable organization" refers to an organization that:
(1) operates without profit to the organization's members;
(2) is exempt from taxation under Section 501 of the Internal Revenue Code;
(3) has a constitution, articles, charter, or bylaws that contain a clause that provides that upon dissolution all remaining assets shall be used for the nonprofit's stated purposes; and
(4) is otherwise ineligible to obtain a charity gaming license in Indiana.