Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part XI - Video Poker › Chapter 24 - Video Draw Poker › Section XI-2405 - Application and License

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. All applications for a license shall be
				submitted on forms provided by the division.
2. An application is not complete nor is it
				considered filed with the division unless it is submitted with the required
				fee, is signed by the applicant, and contains all information required by the
				division.
3. All new and renewal
				applications shall be submitted to the division by the United States Postal
				Service certified or registered mail, return receipt requested, private or
				commercial interstate carrier, electronic submission in accordance with Chapter
				4 of Part III of this Title, hand delivery or other board-approved method of
				delivery.
4. All applicants shall
				be required to disclose any violation of an administrative regulation from any
				jurisdiction.
5. Except as
				otherwise provided in this Paragraph, all licensed establishment applications
				submitted to the division shall be for an existing and operating business.
a.
i. An
				entity that intends to build a truck stop facility and apply for a Type V video
				gaming license is eligible to submit a notice of intent to build a truck stop
				facility on a form prescribed by the division if it either:
(a). provides proof of application to the
				local governing authority of the parish where the truck stop is to be located
				for a certificate of compliance with applicable zoning ordinances and building
				codes, a statement of approval for the operation of video draw poker devices at
				a truck stop facility as required by
				R.S.
				27:452(C), and has published
				the public notices required by
				R.S.
				27:419; or
(b). has applied with the appropriate
				authority for a building permit, and has published the public notices required
				by R.S.
				27:419.
ii. The notice of intent to build a truck
				stop facility shall include:
(a). proof of
				application for a certificate of compliance with applicable zoning ordinances
				and a statement of approval of the operation of video poker devices from the
				applicable local governing authority or a statement that local approval is not
				required; or proof of application for a building permit filed with the
				appropriate governing authority; and
(b). proof of publication of the notice of
				intent to build a qualified truck stop facility as required by
				R.S.
				27:419(A);
(c). proof of issuance of the press release
				required by
				R.S.
				27:419(D); and
(d). a plat showing the location of the truck
				stop facility and the surrounding area identifying schools, churches,
				playgrounds, synagogues, public libraries, residences, and buildings on the
				National Historic Registry.
b. Once accepted by the division, a notice of
				intent to build a truck stop facility shall expire after one year.
c.
i. An
				applicant for a Type V license may submit Form DPSSP 0031 and all other forms
				and fees required by the Board within 120 days of the planned completion of the
				truck stop facility and commencement of operations . Upon submission of these
				forms and fees, the Division may commence its investigation of the facility and
				all persons required to meet suitability.
ii. The applicant shall notify the Division
				in writing of all changes to any information provided on the application or
				required forms within 10 business days of the change.
iii. An application shall be considered
				withdrawn and the application fee forfeited if completion of the truck stop
				facility and commencement of operations does not occur within 180 days of the
				date the application is filed with the Division. The Division may grant an
				extension for good cause shown.
d. For purposes of determining compliance
				with the distance requirements provided in
				R.S.
				27:422, the date of application shall be the
				date the certificate of compliance was received from the applicable local
				governing authority or the date the application for a building permit was
				filed, whichever last occurred.
6. All applications, except for a
				manufacturer's application, shall include an accurate sketch of the interior of
				the facility, and the proposed location of all video gaming devices to be
				located therein. In addition, the sketch shall include all grounds and parking
				areas.
7. All applications shall
				include the name of the owner(s) of the premises on which the establishment is
				located.
8. All renewal
				applications, shall be submitted in completed form, including a Louisiana State
				Sales Tax Clearance Certificate. Out-of-state manufacturers shall not be
				required to submit a Louisiana State Sales Tax Clearance Certificate.
9. All applicants shall provide
				all additional information requested by the division. If applicants fail to
				provide all additional information requested by the division, the application
				shall be considered incomplete.
10.
				All applications shall contain a certification signed by a duly authorized
				representative of the applicant wherein the applicant certifies that:
a. the information contained therein is true
				and correct;
b. the applicant has
				read the Act and these rules, and any other informational materials supplied by
				the division that pertain to video gaming; and
c. the applicant agrees to comply with these
				rules and the Act.
11.
				All applications shall contain an email address, a telephone number and
				permanent mailing address for receipt of correspondence and service of
				documents by the division.
12.
				Incomplete applications, including failure to pay fees may result in a delay or
				denial of a license.
13. The
				applicant shall notify the division in an electronic document or in writing of
				all changes of address, phone numbers, personnel, and other required
				information in the application within 10 business days of the effective date of
				the change.
14. An application
				shall be denied if an applicant has been convicted in any jurisdiction for any
				of the following offenses within the 10 years prior to the date of the
				application, and at least 10 years has not elapsed between the date of
				application and the successful completion of any service of a sentence,
				deferred adjudication, or period of probation or parole for any of the
				following:
a. any offense punishable by
				imprisonment for more than one year;
b. theft or any crime involving false
				statements or declaration; or
c.
				gambling as defined by the laws or ordinances of any municipality, parish
				(county), or state, the United States, or any similar offense in any other
				jurisdiction.
15. Any
				false statement, including improperly notarized documents, contained in any
				report, disclosure, application, permit form, or any other document required by
				this Section shall be a violation of these rules and the Act.