reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 1 - General Provisions › Section III-110 - Quarterly Submissions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Commencing with the issuance of any riverboat gaming operator license, the
				licensee shall submit on a quarterly basis to the board a statement of
				compliance with the applicant or licensee's previously submitted application or
				economic development plan as to those aspects of the plan which are then
				underway.
B. The licensee will
				certify quarterly under oath that a good faith effort to meet the voluntary
				procurement and employment conditions is being made, and shall quarterly
				demonstrate to the board that an effort was made to meet the conditions. The
				quarterly statement shall be forwarded to the board no later than 20 days after
				the end of each quarter.
C. Each
				licensee authorized to conduct slot machine gaming at an eligible facility
				pursuant to the provisions of Chapter 7 of the Louisiana Gaming Control Law
				shall submit to the board on a quarterly basis a statement of compliance with
				the provisions of
				R.S.
				27:363(C) and shall certify
				under oath that a good faith effort to comply with the provisions of
				R.S.
				27:363(C) is being made. The
				quarterly statement shall be forwarded to the board no later than 20 days after
				the end of each quarter.
D.
				Riverboat licensees shall submit quarterly reports to the board, the Senate
				Committee on Judiciary B and the House Committee on the Administration of
				Criminal Justice in accordance with
				R.S.
				27:46. Each riverboat licensee shall certify
				to the board that it has timely submitted the required report in accordance
				with R.S.
				27:46. Failure to timely submit the quarterly
				reports may result in administrative action being taken by the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:1 et seq.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 1 - General Provisions › Section III-111 - Delivery of Documents

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				applications, notices and any other written communication or documentation
				required to be furnished to the board or division by any statutory provision,
				regulation or rule shall be submitted by U.S. mail, commercial carrier,
				electronic submission, hand delivery, or other board approved method of
				delivery.
B. Documentation
				delivered by any means other than as provided in Subsection A of this Section
				shall not be accepted.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:1 et
				  seq.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 1 - General Provisions › Section III-112 - Petition for Agency Review of Rule

Current through Register Vol. 50, No. 6, June 20, 2024
A. All petitions for agency review made
				pursuant to
				R.S.
				49:953(C) shall be in
				writing and shall contain the following information:
1. a copy of the rule change proposed,
				whether for adoption, amendment, or repeal;
2. a statement of the proposed action
				requested, whether the rule change is proposed for adoption, amendment, or
				repeal; a brief summary of the content of the rule change proposed if for
				adoption or repeal; and a brief summary of the change in the rule if proposed
				for amendment;
3. the specific
				citation of the enabling legislation purporting to authorize the adoption,
				amending, or repeal of the rule;
4.
				a statement of the circumstances which require adoption, amending, or repeal of
				the rule.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 1 - General Provisions › Section III-115 - Appeals to the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. Appeals to the
				board from a decision of a hearing officer shall be decided by the board . The
				appeal shall be decided on the record by a majority of a quorum of the board or
				a majority of a panel of three members of the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:1 et
				  seq.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 1 - General Provisions › Section III-116 - Petition for Declaratory Orders and Rulings, Statutes and Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any interested
				person may file a petition for a declaratory order or ruling as to the
				applicability of any statutory provision or as to the applicability or validity
				of any rule or order of the board.
B. Petitions referred to in
				§116. A shall be in
				writing and filed with the board at its office in Baton Rouge.
C. Petitions filed with the board in
				accordance with
				§116 shall be disposed of
				promptly.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:1 et
				  seq.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 1 - General Provisions › Section III-117 - Donations to Public Schools

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				term
licensee
as used in this Section shall include all
				persons licensed pursuant to the provisions of the Gaming Control Law,
				R.S.
				27:1 et seq., but shall not include
				establishments licensed to conduct video draw poker gaming operations as a
				restaurant, bar, lounge, hotel or motel. The term
permittee
as
				used in this Section shall include all persons permitted pursuant to the
				provisions of the Gaming Control Law,
				R.S.
				27:1 et seq., but shall not include gaming
				employees or non-gaming vendors.
B.
				No casino gaming operator, licensee or permittee shall offer to make donations
				or contributions to public, private or parochial elementary schools or youth
				groups without solicitation of the donation by the public, private or parochial
				elementary school or youth group.
C. No educational aid, clothing, recreational
				or amusement item or other article donated or otherwise provided by a casino
				gaming operator, licensee or permittee to any public, private or parochial
				elementary or secondary school shall contain a logo, symbol or language related
				to gaming or gambling or which bears the actual or commonly known name of the
				casino gaming operator, licensee or permittee.
D. No donations or contributions shall be
				made by a casino gaming operator, licensee or permittee to:
1. a public elementary or secondary school
				without prior written notification by the proposed donee or recipient to the
				school board having jurisdiction over the proposed donee or
				recipient;
2. a private or
				parochial elementary or secondary school without prior written notification by
				the proposed donee or recipient to the governing body of the proposed donee or
				recipient.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 1 - General Provisions › Section III-118 - Programs to Address Problem Gambling

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in this Section
licensee
means each person who is licensed or otherwise
				authorized to conduct gaming operations.
B. Each licensee shall post or provide in
				conspicuous places in or near gaming areas and areas where cash or credit is
				made available to patrons including cash dispensing machines written materials
				concerning the nature and symptoms of problem gambling and the toll-free
				telephone number of the Louisiana Problem Gambling Hot Line or similar entity
				approved by the board.
C. All
				licensees other than video draw poker establishments shall implement procedures
				and training for all employees who directly interact with gaming patrons in
				gaming areas. Such training shall, at a minimum, consist of information
				concerning the nature and symptoms of problem gambling behavior and assisting
				patrons in obtaining information about problem gambling programs. This
				Subsection shall not be construed to require employees of licensees to identify
				problem gamblers. Each licensee shall designate personnel responsible for
				maintaining the program and addressing the types and frequency of such training
				and procedures. Training programs conducted or certified by the Office of
				Alcohol and Drug Abuse are presumed to provide adequate training for the period
				certified.
D. Licensed video draw
				poker establishments shall comply with procedures and training requirements
				developed by the division and approved by the board.
E. Each licensee that engages in the issuance
				of credit, check cashing, or the direct mail marketing of gaming opportunities,
				shall implement a program containing the elements described below, as
				appropriate, that allows patrons to self-limit their access to the issuance of
				credit, check cashing, or direct mail marketing by that licensee. As
				appropriate, such program shall contain, at a minimum, the following:
1. the development of written materials for
				dissemination to patrons explaining the program;
2. the development of written materials for
				dissemination to patrons explaining the excluded persons provisions of
				R.S.
				27:1 et seq., and the administrative rules of
				the board;
3. the development of
				written forms allowing patrons to participate in the program;
4. standards and procedures that allow a
				patron to be prohibited from access to check cashing, the issuance of credit,
				and the participation in direct mail marketing of gaming
				opportunities;
5. standards and
				procedures that allow a patron to be removed from the licensee's direct mailing
				and other direct marketing regarding gaming opportunities at that licensee's
				location; and
6. procedures and
				forms requiring the patron to notify a designated office of the licensee within
				10 days of the patron's receipt of any financial gaming privilege, material or
				promotion covered by the program.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 1 - General Provisions › Section III-119 - Reciprocity

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
				licensed or permitted pursuant to the provisions of Chapters 4, 5, 6, or 7 of
				Title 27 of the Revised Statutes which seeks to apply for and be licensed or
				permitted to manufacture, repair or sell slot machines, gaming devices, gaming
				supplies or non-gaming supplies or to provide services pursuant to another
				Chapter of Title 27 shall:
1. meet all
				statutory requirements of the Chapter for which an application or authorization
				to conduct business is sought, all general rules of the board and all rules and
				regulations applicable to the new gaming activity;
2. be in good standing with the board, the
				gaming enforcement section of the Louisiana State Police and the division with
				responsibility relative to regulation of the gaming activity for which the
				licensee or permittee is licensed or permitted to engage in. Good standing for
				the purposes of this Section shall mean that:
a. the licensee or permittee has no
				administrative or enforcement actions pending relative to the respective
				license or permit;
b. there are no
				pending or ongoing investigations of possible violations by the licensee or
				permittee;
c. the licensee or
				permittee has filed a complete application and provided any and all information
				required to be furnished by statute, rule or regulation or which has been
				requested to be provided by the board or the respective division;
3. any administrative or
				enforcement action, other than assessment of a civil penalty, instituted
				against a licensee or permittee shall apply to and be given reciprocal effect
				to all licenses, permits or other authorizations to conduct business held by
				such licensee or permittee.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 1 - General Provisions › Section III-120 - Application and Reporting Forms

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				All applicants, licensees, permittees, and persons required to be found
				suitable shall utilize and complete, as applicable, the most recent version of
				the following forms.
1. Riverboat
a. Level I, Part A, Suitability Gaming
				Application, DPSSP 6616, including, but not limited to:
i. Instructions;
ii. Application for Gaming License or
				Suitability Approval Application, Business Entity Form;
iii. Applicant Information;
iv. Ownership Interest;
v. General Information;
vi. Records/Books Information;
vii. Professional Services
				Information;
viii. Gaming
				Information (Miscellaneous);
ix.
				General Applicant Information;
x.
				Financial Disclosure Information;
xi. Affidavit of Full Disclosure;
xii. Applicant's Request to Release
				Information;
xiii.
				Verification;
xiv. Release of All
				Claims;
xv. Business Tax
				Information Authorization Request;
xvi. Federal Business, Trusts, Estates, etc.,
				Consent to Disclosure of Tax Information;
xvii. Federal Internal Revenue Service Gaming
				Tax Clearance Certificate;
xviii.
				State Business, Trusts, Estates, etc., Consent to Disclosure of Tax
				Information;
xix. Louisiana
				Department of Revenue and Taxation Tax Clearance Certificate.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 2 - Electronic Cards › Section III-201 - General Credit Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. No
				casino operator, casino manager or licensee, either directly or through any
				bank, financial institution, credit card company or similar entity, shall issue
				electronic cards or smart cards that have the capability of allowing patrons to
				access any line of credit or account, debit an account, or obtain credit
				through a credit agreement or otherwise allow any patron to incur debt in any
				manner not provided in the respective casino operator's, casino manager's or
				licensee's internal controls as approved by the division.
B. All electronic cards or smart cards issued
				by the casino operator, casino manager or any licensee for the purpose of
				wagering shall be prepaid with a fixed dollar amount that shall not be
				susceptible of being increased by patrons without purchasing additional value
				in a manner consistent with the respective casino operator's, casino manager's
				or licensee's internal controls as approved by the division.
C. Electronic cards or smart cards issued by
				the casino operator, casino manager or any licensee shall be used only for
				wagering at the respective casino operator's, or licensee's property.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 3 - Compulsive and Problem Gambling › Section III-304 - Self-Exclusion

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to
				R.S.
				27:27.1, the Louisiana Gaming Control Board
				hereby provides for the establishment of a list of persons who, at his or her
				request, are to be excluded or ejected from all casino gaming establishments
				licensed or operating pursuant to Chapters 4, 5, 7, and 10 of the Louisiana
				Gaming Control Law,
				R.S.
				27:1 et seq.
B. Definitions
1. The following words and terms, when used
				in this Section, shall have the following meanings unless the context clearly
				indicates otherwise.
Casino Gaming Establishment
-any room,
				  premises, or designated gaming area of any establishment where gaming is
				  conducted pursuant to Chapters 4, 5, 7, and 10 of the Louisiana Gaming Control
				  Law and all sports wagering platforms pursuant to Chapter 10 of the Louisiana
				  Gaming Control Law.
* * *
Self-Exclusion List
-a list of names of
				  persons who have voluntarily agreed to be excluded from all gaming activities
				  and to be prohibited from collecting any winnings or recovering any losses at
				  or from all casino gaming establishments.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 4 - Electronic Submission of Documents › Section III-401 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board or
				division may accept the filing or delivery of any document as an original
				document by electronic transmission in accordance with the provisions of this
				Chapter.
B. An electronic document
				bearing an electronic signature legally binds, obligates and makes the
				signatory responsible to the same extent as the signatory's handwritten
				signature on a paper document.
C.
				When submitted electronically, any document otherwise required to be subscribed
				or acknowledged before a notary public shall include an online certification in
				accordance with
				R.S.
				9:2621 in lieu of the notarized sworn
				subscription or acknowledgement.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 4 - Electronic Submission of Documents › Section III-402 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in this
				Chapter, the following words and terms shall have the following
				meanings.
Electronic Document-
any document stored in a
				  computer accessible electronic, magnetic, optical or other format which allows
				  for future retrieval or electronic transmission by e-mail or the
				  internet.
Electronic Signature-
an electronic sound,
				  symbol or process attached to or logically associated with an electronic
				  document and executed or adopted by a person with the intent to sign the
				  electronic document.
Subscriber-
an applicant, permittee, casino
				  operator or licensee who has submitted a subscriber agreement to the board or
				  division and has received authorization to submit electronic documents.
Subscriber Agreement-
an agreement by which a
				  subscriber consents to be bound by the contents of the electronically submitted
				  documents and consents to abide by the processes and procedures established for
				  the submission and acceptance of electronic documents.
User-
a person identified to the board or
				  division by a subscriber as being authorized to submit electronic
				  documents.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 4 - Electronic Submission of Documents › Section III-403 - Electronic Submission Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Written communications or documentation, including applications, may be
				submitted to the board or division electronically, provided that:
1. the sender has executed a proper
				subscriber agreement in accordance with the procedures established by the board
				or division;
2. the sender
				transmits the electronic document to an electronic document receiving system
				designated by the board or division for receiving such submissions in
				accordance with the system requirements established for submission;
3. the electronic document is a true and
				accurate digital copy of the original document; and
4. the electronic document bears a valid
				electronic signature.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 5 - Open Meetings Accessibility; ADA › Section III-501 - Electronic Meetings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to
				the provisions of
				R.S.
				42:17.2, the Louisiana Gaming Control Board
				("board") may meet and conduct some meetings via electronic means.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and 24 and Act 393 of the 2023 Regular
				  Session of the Louisiana Legislature.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 5 - Open Meetings Accessibility; ADA › Section III-503 - Postings Prior to Meeting via Electronic Means

Current through Register Vol. 50, No. 6, June 20, 2024
A. At least twenty-four hours prior to the
				meeting, the board shall post the following on its website:
1. meeting notice and agenda; and
2. detailed information regarding how members
				of the public may:
a. participate in the
				meeting via electronic means, including the applicable videoconference link
				and/or teleconference phone number; and
b. submit written public comments regarding
				matters on the agenda prior to the meeting.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 5 - Open Meetings Accessibility; ADA › Section III-505 - Electronic Meeting Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				To the extent practicable, a schedule of meetings identifying which will be
				conducted via electronic means and which will be conducted as in-person
				meetings shall be posted on the agency's website on an annual basis or as
				available.
B. All members of the
				board, whether participating from the anchor location or via electronic means,
				shall be counted for the purpose of establishing a quorum and may
				vote.
C. An online archive of any
				open meetings conducted via electronic means shall be maintained and available
				for two years on the agency's website.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and 24 and Act 393 of the 2023 Regular
				  Session of the Louisiana Legislature.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 5 - Open Meetings Accessibility; ADA › Section III-507 - Disability Accommodations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				People with disabilities are defined as any of the following:
1. a member of the public with a disability
				recognized by the Americans with Disabilities Act (ADA);
2. a designated caregiver of such a person;
				or
3. a participant member of the
				agency with an ADA-qualifying disability.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 17 - General Provisions › Section III-1703 - Ownership of Licenses and Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Licenses and permits issued by the board or division as provided in the Act are
				and shall remain the property of the board or division at all times.
B. A license shall be issued in the name of
				the owner of the riverboat or of the eligible facility. One license will be
				issued for each riverboat or eligible facility with a designated gaming area
				even though multiple individuals may file or be required to file applications
				related thereto.
C. All licenses
				and permits shall be surrendered to the board or division upon their expiration
				or revocation at which time they will be destroyed unless needed for a pending
				investigation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 17 - General Provisions › Section III-1705 - Transfers of Licenses or Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Licenses and permits are not transferable or assignable. If the status of the
				licensee or permittee should change such that the person no longer needs or is
				entitled to the license or permit, then the license or permit shall be
				cancelled and any tangible item which evinces such a license or permit shall be
				surrendered to the board or division within five days of the change of status.
				Any license or permit surrendered pursuant to the Section shall be marked
				cancelled or destroyed.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 19 - Administrative Procedures and Authority › Section III-1901 - Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the
				declared policy of the Louisiana Gaming Control Board that casino gaming in
				Louisiana be strictly regulated and controlled through administrative rules
				and/or the casino operating contract to protect the public morals, good order
				and welfare of the inhabitants of the state of Louisiana and to develop the
				economy.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 19 - Administrative Procedures and Authority › Section III-1907 - Construction of Regulations and Administrative Matters

Current through Register Vol. 50, No. 6, June 20, 2024
A. Construction of Regulations; Severability
1. Nothing contained in these regulations
				shall be so construed as to conflict with any provision of the Act, any other
				applicable statute or the casino operating contract. If any regulation is held
				invalid by a final order of a court of competent jurisdiction at the state or
				federal level, such provision shall be deemed severed and the court's finding
				shall not be construed to invalidate any other regulation.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 19 - Administrative Procedures and Authority › Section III-1909 - Casino Operator or Licensed Eligible Facility is Licensee

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				regulations, subject to any rights in the casino operating contract, intend for
				the terms casino operator or casino manager and licensee to have the same
				meaning.
B. These regulations
				intend for the terms Type A licensee or licensed eligible facility and licensee
				to have the same meaning.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 19 - Administrative Procedures and Authority › Section III-1911 - Obligations, Duties, and Responsibilities of a Casino Manager

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the event the
				casino operator subcontracts all, or substantially all of the services for the
				day-to-day management and operation of the casino, pursuant to the casino
				operating contract, to a casino manager, the casino manager's acts or omissions
				shall be considered the acts or omissions of the casino operator. All
				obligations, duties, and responsibilities imposed on the casino operator by
				these regulations, that the casino operator has subcontracted with a casino
				manager to perform or that the casino manager has undertaken to perform, shall
				be the obligations, duties and responsibilities of the casino manager and the
				casino operator.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2101 - General Authority of the Board and Division

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board or the division shall have the
				authority to call forth any person who, in their opinion, has the ability to
				exercise significant influence over a licensee, permittee, applicant, casino
				operator, casino manager, or the gaming industry, and such person shall be
				subject to all suitability requirements.
B. In the event a person is found unsuitable,
				then no licensee, permittee, casino operator, casino manager or applicant shall
				have any association or connection with such person. No licensee, permittee,
				casino operator, casino manager or applicant shall have any association or
				connection with any person that has had an application for a license or permit
				denied, had a license or permit revoked, or has been found
				unsuitable.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2103 - Applications in General

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				license or permit issued by the board and any permit issued by the division is
				deemed to be a revocable privilege, and no person holding such a license or
				permit is deemed to have acquired any vested rights therein, subject to any
				rights in the casino operating contract.
B. An applicant for a license or permit
				authorized by the Act is seeking the granting of a privilege, and the burden of
				proving qualification and suitability to receive the license or permit is at
				all times on the applicant.
C. An
				applicant accepts the risk of adverse public notice, embarrassment, criticism,
				or other action or financial loss that may result from action with respect to
				an application and expressly waives any claim for damages as a result thereof,
				except relating to willful misconduct by the board or division.
D. The filing of an application under the Act
				or these regulations constitutes a request for a decision upon the applicant's
				general suitability, character, integrity, and ability to participate or engage
				in or be associated with a licensee or permittee. By filing an application, the
				applicant specifically consents to the making of such a decision by the board
				or division.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2105 - Investigations ; Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board or
				division shall investigate all applications for licenses or permits or other
				matters requiring board or division approval. The board or division may
				investigate, without limitation, the background of the applicant, the
				suitability of the applicant, the suitability of the applicant's finances, the
				applicant's business integrity, the suitability of the proposed premises for
				gaming, the suitability of a person with an ownership or economic interest in
				the applicant of 5 percent or more, the suitability of any person who in the
				opinion of the board or division has the ability to exercise significant
				influence over the activities of an applicant and the applicant's compliance
				with all applicable federal, state, and local laws and regulations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2107 - Applicants in General; Restrictions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The securing of a license, permit or
				approval required under the Act is a prerequisite for conducting, operating, or
				performing any activity regulated by the Act. Each applicant must file a
				complete application as prescribed by the board or division.
B. The multi jurisdictional personal history
				disclosure Form and DPSSP 0074/0077/0092 or other approved forms shall be filed
				as part of an application, by the following individuals:
1. If the applicant is a corporation, each
				officer, director, and shareholder having a 5 percent or greater ownership
				interest.
2. If the applicant is a
				limited liability company, each officer, managing member, manager and any
				member having a 5 percent or greater ownership interest.
3. If the applicant is a general partnership
				or joint venture, each individual partner and joint venturer.
4. If the applicant is a limited partnership,
				the general partner and each limited partner having a 5 percent or greater
				ownership interest.
5. If the
				applicant is a registered limited liability partnership pursuant to
				R.S.
				9:3431 et seq., the managing partner and each
				partner having a 5 percent or greater ownership interest.
6. If such shareholder, owner, partner, or
				member from Paragraphs 1-5 of this Subsection is a legal entity, each officer,
				director, manager or managing member and each person with an indirect ownership
				or economic interest equal to or greater than 5 percent in the
				applicant.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2109 - Suitability Determination

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				applicant, licensee, permittee, casino operator, owner or operator of onshore
				facilities, and officers, directors, and any person having a 5 percent or more
				economic interest in such entities shall be required to submit to an
				investigation to determine suitability.
B. In accordance with
				R.S.
				27:28, any person, who has the ability or
				capacity to exercise significant influence over the activities of an applicant,
				licensee, casino operator or permittee shall be required to submit to an
				investigation to determine suitability.
C. All costs associated with conducting an
				investigation for suitability shall be borne by the applicant, licensee, casino
				operator or permittee or the person who is the subject of the
				investigation.
D. Failure to submit
				to a suitability determination as required by this Section may constitute
				grounds for delaying consideration of the application or for denial of the
				application.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and 24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2110 - Plans and Specifications

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Riverboat
1. Vessel. The applicant or
				licensee shall submit all plans and specifications of the vessel and its
				qualifications to operate a riverboat, including a statement of maritime
				experience as a riverboat operator, to the board and division. The applicant or
				licensee shall have an ongoing duty to update the division of changes in the
				vessel plans, specifying layout and design as they become available. Such
				changes are subject to prior approval by the board or division.
2. Facility. The applicant or licensee shall
				submit all plans and specifications of the facility to the board and the
				division at the time of application. The applicant or licensee shall have an
				ongoing duty to inform the division of changes in the facility plans,
				specifying layout and design as they become available. Such changes are subject
				to prior approval by the board or division.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2111 - License or Permit Disqualification Criteria

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board or division shall not issue a
				license, permit or finding of suitability to any person who fails to prove by
				clear and convincing evidence that he is suitable and qualified in accordance
				with the provisions of the Act and these regulations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2112 - Continuing Suitability, Duty to Report

Current through Register Vol. 50, No. 6, June 20, 2024
A. Suitability is an ongoing process. An
				applicant, licensee, casino operator, permittee, registrant, or person required
				to submit to suitability by the Act or these regulations has a continuing duty
				to inform the board and division of any action which could reasonably be
				believed to constitute a violation of the Act or regulations. This obligation
				to report is to be construed in the broadest possible manner; any question that
				exists regarding whether a particular action or circumstance constitutes a
				violation shall be decided in favor of reporting. The board and division shall
				be notified no later than 15 days from the date the applicant, licensee, casino
				operator, permittee, registrant or person knew or should have known of the
				possible violation. No person who so informs the board and division shall be
				discriminated against by an applicant, licensee, casino operator, permittee or
				registrant because of supplying such information.
B. An applicant, licensee, casino operator,
				permittee, registrant, or person required to submit to suitability by the Act
				or these regulations shall also have a continuing duty to inform the board and
				division of material changes in their affiliations, businesses, financial
				standing, operations, ownership relationships, corporate management personnel,
				officers or directors within 15 days of the change. However, in the case of a
				publicly traded company, this obligation shall be satisfied if such company
				files with the board and division copies of all form 10Ks, 10Qs, and 8Ks filed
				with the Securities and Exchange Commission within 15 days of the filing with
				the Securities and Exchange Commission.
C. An applicant, licensee, casino operator,
				permittee, registrant, or person required to submit to suitability by the Act
				or these regulations shall also have a continuing duty to inform the board and
				division of all administrative actions instituted or pending in any other
				jurisdiction against or involving the applicant, licensee, casino operator,
				permittee, registrant or the parent corporation or affiliate of the applicant,
				licensee, casino operator, permittee, registrant within 15 days of receipt of
				notice of the administrative actions instituted or pending in any other
				jurisdiction.
D. Failure to report
				or provide notice required by this Section may constitute grounds for delaying
				consideration of the application or denial of the application or the imposition
				of a civil penalty.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2113 - Licensing Criteria

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person
				shall be eligible to conduct gaming operations at a casino or obtain any
				license or permit issued pursuant to the provisions of the Act or these
				regulations unless the applicant proves by clear and convincing evidence he is
				suitable.
B. The applicant must
				prove by clear and convincing evidence that it has, or guarantees acquisition
				of, the competence and experience to conduct gaming operations, by
				demonstrating through training, education, business experience, or a
				combination thereof, the capability to operate a casino.
C. The applicant shall demonstrate that the
				proposed financing of the casino and the gaming operations is adequate for the
				nature of the proposed operation and from a source suitable and acceptable to
				the board.
D. If a natural person,
				the applicant for a license shall be a Louisiana domiciliary.
E. If not a natural person, the applicant for
				a license shall be a Louisiana corporation, partnership, limited liability
				company, or a registered limited liability partnership authorized to conduct
				business in the state of Louisiana.
F. If not a natural person, the applicant for
				a permit shall be authorized to conduct business in the state of
				Louisiana.
G. Riverboat Applicants
1. The applicant shall demonstrate a proven
				ability to operate a vessel of comparable size, capacity, and complexity so as
				to ensure the safety of its passengers as set forth in these
				regulations.
2. The applicant shall
				submit a detailed plan of design of the riverboat.
3. The applicant shall show adequate
				financial ability to construct and maintain a riverboat.
4. The applicant shall designate the docking
				facilities to be used by the riverboat.
5. The applicant shall have a good-faith plan
				to recruit, train, and upgrade minorities in all employment
				classifications.
6. The applicant
				shall have a plan to provide the maximum practical opportunities for
				participation by the broadest number of minority-owned businesses.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2114 - Tax Clearances Required of an Applicant, Licensee or Permittee

Current through Register Vol. 50, No. 6, June 20, 2024
A. The applicant,
				its officers, directors, any person with an economic interest of at least 5
				percent in an applicant and any person who has the ability or capacity to
				exercise significant influence over the activities of the applicant shall
				provide tax clearances from the appropriate state agencies prior to the
				granting of a license or permit.
B.
				Failure to provide the tax clearances required by Subsection A of this Section
				may constitute grounds for delaying consideration or for denial of the
				application.
C. Any licensee,
				casino operator or permittee, its officers, directors, any person with an
				economic interest of 5 percent or greater, and any person who, in the opinion
				of the board or division, has the ability to exercise significant influence
				over the activities of a licensee, casino operator or permittee shall remain
				current in filing all applicable tax returns and in the payment of all taxes,
				interest and penalties owed to the state of Louisiana and the Internal Revenue
				Service, excluding items under formal appeal in accordance with applicable
				statutes and regulations, and items for which the Department of Revenue and
				Taxation or the Internal Revenue Service has accepted a payment schedule for
				taxes owed.
1. Any failure to timely file all
				applicable tax returns or pay any tax delinquency shall be corrected within 30
				days of the receipt of written notice from the division.
2. At the expiration of the 30 day period, if
				the failure to file or the tax delinquency is not corrected to the satisfaction
				of the appropriate taxing authority, the license or permit shall be suspended
				and a civil penalty imposed.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2115 - Tax Clearances Required of an Applicant for a Gaming Employee Permittee

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				applicant for a gaming employee permit shall be current in filing all
				applicable tax returns and in the payment of all taxes, interest and penalties
				owed to the state of Louisiana and the Internal Revenue Service, excluding
				items under formal appeal in accordance with applicable statutes and
				regulations, and items for which the Department of Revenue and Taxation or the
				Internal Revenue Service has accepted a payment schedule for taxes
				owed.
B. Failure to provide the
				state tax clearances required by Subsection A of this Section may constitute
				grounds for delaying consideration or for denial of the application.
C. A gaming employee permittee shall remain
				current in filing all applicable tax returns and in the payment of all taxes,
				interest and penalties owed to the state of Louisiana and the Internal Revenue
				Service, excluding items under formal appeal in accordance with applicable
				statutes and regulations, and items for which the Department of Revenue and
				Taxation or the Internal Revenue Service has accepted a payment schedule for
				taxes owed.
1. Any failure to timely file tax
				returns or pay any tax delinquency shall be corrected within 30 days of receipt
				of written notice from the division.
2. At the expiration of the 30 day period, if
				the failure to file or the tax delinquency is not corrected to the satisfaction
				of the appropriate taxing authority, the permit shall be suspended and a civil
				penalty imposed.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2117 - Certification Required, Riverboat Only

Current through Register Vol. 50, No. 6, June 20, 2024
A. Before any riverboat may be operated or
				may continue to operate under the authority of the Act, the applicant or, if
				the application has been approved, the licensee, shall provide to the division
				evidence as follows.
1. If operating on a
				certificated vessel, that the vessel has a valid certificate of inspection from
				the United States Coast Guard for carriage of passengers on navigable rivers,
				lakes, and bayous as provided by the Act and for the carriage of a minimum
				total of 600 passengers and crew; or
2. If operating on a non-certificated vessel
				as defined in
				R.S.
				27:44, evidence that the riverboat has a
				valid certificate of compliance issued by the board based on the recommendation
				of an approved third-party inspector.
a. The
				sole inspection standard for non-certificated vessels is the guide for
				alternative inspection of riverboat gaming vessels as adopted and amended by
				the board.
b. A non-certificated
				vessel shall be inspected by the third-party inspector annually in accordance
				with R.S.
				27:44.1. Non-compliant items identified by
				the third-party inspector will be remedied within the time period given.
				Failure to remedy any discrepancy timely shall be reported to the division by
				the third-party inspector and may result in sanctions including a civil
				penalty.
c. A non-certificated
				vessel shall be inspected quarterly by the licensee. The results of the
				inspection will be documented and made available to the
				division.
3. If operating
				in a facility, that the facility has a valid certificate of compliance issued
				by the board.
a. To satisfy this requirement,
				the facility must satisfy the applicable provisions of the National Fire
				Protection Association Life Safety Code* and the International Building Code as
				adopted in the state of Louisiana, pass inspection with the state fire marshal,
				satisfy local and state building codes and laws, and be issued a certificate of
				occupancy.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2120 - Modifications of Routes, Excursion Schedules and Berth, Riverboat Only

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except for
				emergency orders and applications therefore, all proposed modifications to
				routes, excursion schedules, and berth sites shall be submitted by the
				applicant or licensee for prior approval by the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.