reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 1 - APPLICATIONS › Rule 13-2-1.1 - Procedures

Current through June 25, 2024
(a) In General. It is the declared policy of
				the State of Mississippi that all establishments where gambling games are
				conducted or operated must be licensed and controlled so as to better protect
				the public health, safety, morals, good order and welfare of its inhabitants.
				Any license, registration, finding of suitability, or approval by the
				Commission shall be deemed to be a revocable privilege and no person holding
				such a license, registration, finding of suitability, or approval is deemed to
				have acquired any vested rights therein.
(b) An application for a state gaming license
				or any other affirmative Commission action is seeking the granting of a
				privilege, and the burden of proving his qualification to receive any license,
				registration, finding of suitability or approval, is at all times on the
				applicant. The applicant must document compliance with all applicable federal,
				state and local rules, regulations and permit requirements. An applicant must
				accept any risk of adverse publicity, embarrassment, criticism, or other
				action, or financial loss which may result from action with respect to an
				application and expressly waive any claim for damages as a result
				thereof.
(c) An application for a
				license, finding of suitability, or registration, besides any other factor
				attaching to such an application by virtue of the Act and these regulations,
				shall constitute a request to the Executive Director for a recommendation and
				to the Commission for a decision upon the applicant's general suitability,
				character, integrity, and ability to participate or engage in, or be associated
				with, the gaming industry in the manner or position sought by the application,
				or the manner or position generally similar thereto; and, by filing an
				application with the Executive Director, the applicant specifically consents to
				the making of such a recommendation by the Executive Director and such a
				decision by the Commission at their election when the application, after
				filing, becomes moot for any reason other than death. (Adopted:
				09/25/1991.)
Miss. Code Ann. §
										75-76-63
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 1 - APPLICATIONS › Rule 13-2-1.4 - Gaming Site Approval

Current through June 25, 2024
With respect to gaming site approval, approval constitutes
				  only the Commissions finding that the location complies with applicable gaming
				  laws and regulations. Gaming site approval does not entitle the recipient to
				  approval to proceed with development, nor does it constitute a license to
				  engage in gaming or a right to a gaming license. Gaming site approval is a
				  revocable privilege, and no holder acquires any vested right therein. The
				  Mississippi Gaming Commission reserves the right to revoke any site approval
				  should the circumstances change that would make the site illegal or unsuitable.
				  When presenting for approval the applicants application for gaming site
				  approval, the following information, together with evidence satisfactory to the
				  Commission in support thereof, must be included:
(a) A survey indicating the specific location
				of the property.
(b) The current
				use of any adjacent property as well as the location of the nearest residential
				area, church and school.
(c)
				Evidence that all applicable zoning ordinances allow gaming at the proposed
				site.
(d) A survey establishing the
				mean high water line must be provided at the time gaming site approval is given
				which is performed by a qualified surveyor for performance of tidal surveys.
				This provision is only applicable for proposed gaming sites located in the
				three (3) most southern counties in the State of Mississippi. Gaming
				establishments in the three (3) most southern counties in the State of
				Mississippi are permitted to be permanent inland structures. No point in the
				gaming area may be more than eight hundred (800) feet from the nineteen (19)
				year mean high water line. Harrison County establishments south of Highway 90
				may exceed the eight hundred (800) foot measurement up to the southern boundary
				of Highway 90. All public easements and rights-of-way for public streets and
				highways shall be excluded from the eight hundred (800) foot measurement. Any
				point of reference used to determine the 800 foot distance from the mean high
				water line must be located on the applicant or licensees premises. The
				applicant or licensee must own and /or lease the land that is contiguous both
				to the parcel used to conduct gaming and the point of reference used to
				determine the mean high water line, and this land must be shown to be an
				integral part of the project. The Commission has final authority in reviewing
				and approving each site as it pertains to meeting the requirements of this
				regulation
Miss. Code Ann.
				  §§
										75-76-225;
				  75-76-209 ; 75-76-27; 75-76-79; 75-76-33;
				  75-76-79;
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 1 - APPLICATIONS › Rule 13-2-1.6 - Opening of a Casino

Current through June 25, 2024
Before any gaming facility may open to the public, all
				  infrastructure requirements must be fully operational. The development shall be
				  completed in accordance with the approved plan and be ready for operation
				  within the gaming site approval time period. Gaming site approval may be
				  extended, within the discretion of the Commission. These amendments shall apply
				  to all existing, pending, renewal and new applicants for a gaming site approval
				  and approval to proceed with development. (Adopted: 09/25/1991; Amended:
				  10/13/94; Amended: 07/23/2003; Amended: 02/23/2006; Amended
				  06/21/2007.)
Miss. Code Ann.
				  §§
										75-76-77;
				  75-76-61
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 1 - APPLICATIONS › Rule 13-2-1.7 - Compliance review and reporting system

Current through June 25, 2024
(a.) Whenever
				the Commission is acting upon any application of a licensee or registrant, or
				pursuant to its powers provided in Miss. Code Ann. §
									75-76-103,
				and if the Commission determines that circumstances exist which require
				additional management review by a licensee or registrant, the Commission may
				impose a condition upon any license or order of registration to require
				implementation of a compliance review and reporting system by the licensee or
				registrant.
(b.) The terms of the
				condition may include, but shall not be limited to:
1. That the condition shall expire on a
				certain date or after a designated period of time without commission action;
2. That the condition may be
				administratively removed by the Executive Director should a specified activity
				cease or a specified event occur; or
That a periodic review shall be conducted by the Executive
				  Director and upon such review the Executive Director may recommend and the
				  Commission may remove or continue to require the
				  condition.
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 1 - APPLICATIONS › Rule 13-2-1.9 - Additional Application Information Required

Current through June 25, 2024
Every application to become a license holder shall contain
				  the following additional information:
(a) Give actual establishment, vessel, or
				cruise vessel blueprints, including a layout of each floor stating the
				projected use of each area.
(b)
				State whether the establishment, vessel, or cruise vessel has been or will be
				certified by the United States Coast Guard, if applicable.
(c) Set forth the proposed route to be taken,
				identifying the body of water, and include any relevant Army Corps of Engineer
				data or Mississippi Departments of Environmental Quality and the Department of
				Wildlife, Fisheries and Parks data on that body of water.
(d) State the number of miles from the
				nearest population center, and describe briefly the transportation facilities
				serving that population's center.
(e) Describe the casino size and
				configuration of slot machines, video games of chance and table
				games.
(f) State the availability
				of fire protection and the adequacy of law enforcement on the establishment,
				vessel, or cruise vessel, both at the docking facilities and along the proposed
				excursion route. Provide emergency evacuation plans for hurricane and flooding
				disasters.
(g) Describe the
				arrangements for food and drink concessions, indicating the names and addresses
				of concessionaires and the terms of the concession contracts, if
				applicable.
(h) Indicate the type
				of slot machines and video games of chance to be used; also, indicate the
				proposed distributors and manufacturers of this equipment.
(i) Describe the physical location, size and
				floor plan of the section of the establishment, vessel, or cruise vessel
				reserved for patrons under 21 years of age. Provide plans for activities and
				staffing of this section.
(j)
				Indicate establishment, vessel, or cruise vessel days and periods of time that
				the gaming areas will be in operation.
(k) Describe the proposed management of the
				facility, management personnel by function, and tip distribution
				policies.
(l) Include any and all
				known feasibility studies made available to the applicant which have been done
				on the type of gaming in the particular locale where the applicant intends to
				conduct gaming.
(m) Describe
				procurement policies that emphasize the utilization of Mississippi employees,
				resources, goods and services in the operation of the gaming establishment,
				vessel, or cruise vessel. (Adopted: 9/25/1991; Amended: 7/ 23/2003; Amended:
				02/23/2006.).
Miss. Code Ann.
				  §§
										75-76-63,
				  75-76-67,
				  75-76-73
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 1 - APPLICATIONS › Rule 13-2-1.10 - Separate Applications For Each Establishment

Current through June 25, 2024
Separate applications are required for each establishment
				  for which a gaming license is sought, irrespective of the ownership of such
				  establishment.
(Adopted: 9/25/1991.)
Miss. Code Ann. §
										75-76-73
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 1 - APPLICATIONS › Rule 13-2-1.11 - Application And Investigative Fee

Current through June 25, 2024
(a) Simultaneously
				with the submission of its application for a gaming license, the applicant
				shall pay a non-refundable application fee of Five Thousand Dollars ($5,000.00)
				along with all other fees provided for in the Gaming Control Act. These fees
				shall be payable to the Mississippi Department of Revenue.
(b) An applicant for any subsequent gaming
				license, continuance of a gaming license, finding of suitability, registration,
				approval, or other license pertaining to a particular establishment shall pay
				such investigative fees and costs as determined by the Executive Director. Any
				licensee which is the subject of a periodic compliance investigation shall pay
				such investigative fees and cost as determined by the Executive Director. The
				Executive Director shall estimate the investigative fees and costs and may
				require a deposit to be paid by the applicant or licensee in advance as a
				condition precedent to beginning or continuing an investigation. If, at any
				time, the Executive Director determines that the investigative fees and costs
				are likely to exceed the deposits paid by the applicant or licensee, the
				Executive Director may require additional deposits.
(c) The Executive Director and Commission
				will not take final action to approve any application unless all application
				and investigative fees and costs have been paid in full. The Executive Director
				may recommend denial and the Commission may deny the application if the
				applicant has failed or refused to pay all application and investigative fees
				and costs.
(d) Upon final action on
				the application, the Executive Director shall give to the applicant an itemized
				accounting of the investigative fees and costs incurred. The Executive Director
				shall refund to any applicant who made deposits pursuant to Subsection (b) of
				this Regulation, any balance remaining in the investigative account of the
				applicant after all investigative fees and costs have been paid. (Adopted:
				09/25/1991; Amended: 11/18/1999.)
Miss. Code Ann.
				  §§
										75-76-183,
				  75-76-189,
				  75-76-183,
				  75-76-177
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 1 - APPLICATIONS › Rule 13-2-1.12 - Timetable for Financing and Construction

Current through June 25, 2024
(a) License
				applicants shall submit, simultaneously with submission of their completed
				application, a timetable for financing arrangements (including applications for
				approval of public offerings or private placements), and commencement and
				completion of construction activities and setting forth the date upon which
				gaming activities will commence. This timetable will be subject to approval by
				the Commission, and monitored for compliance by the Executive
				Director.
(b) The Commission may
				grant extensions of time upon the recommendation of the Executive
				Director.
(c) License applicants
				shall not advertise or promote the opening of their proposed casino nor the
				commencement of employee training for that proposed casino until the applicant
				is granted a license by the Mississippi Gaming Commission. After the granting
				of a license, the licensee may advertise or promote the opening of their casino
				and/or the commencement of employee training for that casino. Applicants may
				request a waiver of this regulation from the Executive Director stating
				compelling reasons for an exception to this regulation. The granting of any
				waiver by the Executive Director shall be subject to revocation.
(Adopted: 09/25/1991.)
Miss. Code Ann.
				  §§ 75-75-187,
				  75-76-175,
				  75-76-93
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 1 - APPLICATIONS › Rule 13-2-1.13 - Withdrawal Of Application

Current through June 25, 2024
(a) A request for
				withdrawal of an application may be made at any time prior to final action upon
				the application by the Commission by filing a written request to withdraw with
				the Executive Director.
(b) The
				Executive Director may, in his discretion, deny the request, or grant the
				request with or without prejudice. If the request is denied or granted with
				prejudice, the applicant may appeal to the Commission within ten (10) days of
				the Executive Director's decision.
(c) If a request for withdrawal is granted
				with prejudice, the applicant is not eligible to apply again for licensing or
				approval until after expiration of one (1) year from the date of such
				withdrawal.
(d) The Executive
				Director shall notify the applicant in writing whether its request for
				withdrawal has been granted with or without prejudice or denied.
Miss. Code Ann.
				  §§
										75-76-23,
				  75-76-67,
				  75-76-63
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 2 - QUALIFICATIONS › Rule 13-2-2.1 - Criteria for Cruise Vessels and Vessels

Current through June 25, 2024
(a) Cruise Vessel:
1. Complies with all U.S. Coast Guard
				regulations;
2. Has a minimum
				overall length of one hundred fifty feet (150');
3. Has a minimum draft of six feet (6');
				and
4. Is certified by the U.S.
				Coast Guard to carry at least two hundred (200) passengers.
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 2 - QUALIFICATIONS › Rule 13-2-2.5 - Home Port; Excursion

Current through June 25, 2024
(a) Whenever any
				person intends to apply for a gaming license pursuant to the Act, he shall file
				a notice of intent to apply for a gaming license with the Commission.
(b) The notice of intent must completely and
				accurately describe the proposed gaming establishment, including its size, the
				number and types of games to be operated, the vessel's home port, whether the
				vessel will make excursions and, if so, the approximate routes, frequency, and
				duration of such excursions. (Adopted: 09/25/1991.)
Miss. Code Ann. §
										75-76-73
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 2 - QUALIFICATIONS › Rule 13-2-2.6 - Change Of Vessel, Location, Home Port Or Excursions

Current through June 25, 2024
A licensee shall not change its establishment or its vessel,
				  the location of its establishment or vessel, home port of its vessel, or the
				  routes, frequency, or duration of any excursions without the prior approval of
				  the Commission. Notwithstanding the foregoing, the Executive Director may allow
				  a licensee to temporarily change the routes, frequency, or duration of
				  excursions pending final approval by the Commission. (Adopted: 09/25/1991;
				  Amended: 02/23/2006.)
Miss. Code Ann. §
										75-76-29
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 2 - QUALIFICATIONS › Rule 13-2-2.7 - Officials Not To Hold Gaming Licenses Or Related Approvals

Current through June 25, 2024
(a) Prohibition. No state gaming license,
				finding of suitability, or approval, the granting of which requires an
				application to be made to the Commission, shall be held by nor granted to any
				person holding office in, or employed by, any agency of the State of
				Mississippi or any of its political subdivisions when the duties of such office
				or agency pertain to the enforcement of the provisions of the Act.
(b) Inclusions. This regulation applies
				specifically, but without limitation, to the following categories of persons in
				gaming enforcement:
1. Persons affiliated
				with the attorney general's office of the State of Mississippi;
2. Persons affiliated with any district
				attorney's office within the state;
3. Persons affiliated with any sheriff's
				office or police department within the state;
4. Members, agents, or employees of the
				Commission;
5. Any member of the
				judiciary; or
6. Any local City or
				County officials.
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 2 - QUALIFICATIONS › Rule 13-2-2.8 - Licensing Of A Natural Person Under The Age Of Twenty-One

Current through June 25, 2024
The Commission will not ordinarily grant a state gaming
				  license or finding of suitability to an individual under twenty-one years of
				  age. This policy would not affect the licensing or finding of suitability of a
				  trust where the settlor or beneficiary is under the age of twenty-one years.
				  (Adopted: 09/25/1991.)
Miss. Code Ann. §
										75-76-155
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 2 - QUALIFICATIONS › Rule 13-2-2.9 - Notice To County Or Municipality; Objection By County Or Municipality

Current through June 25, 2024
(a) Whenever the Commission receives a
				completed application for a gaming license proposing to operate a gaming
				establishment in a particular county or municipality, the Executive Director
				shall, within ten (10) days after receipt of the application, notify the board
				of supervisors of the county and, if applicable, the chief executive of the
				municipality, in which the proposed operation will be located, of the receipt
				of the application, and specify the name of the applicant and the proposed
				location for the gaming establishment.
(b) The county or municipality in which the
				applicant proposes to operate a gaming establishment may file a duly enacted
				resolution specifying any objections or endorsements with the Executive
				Director within thirty (30) days after receipt of the notice provided by the
				Executive Director pursuant to sub-part (a) above. (Adopted:
				09/25/1991.)
Miss. Code Ann.
				  §§
										75-76-61,
				  75-76-63
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 2 - QUALIFICATIONS › Rule 13-2-2.10 - Hurricane Preparedness Policy

Current through June 25, 2024
It is the policy of the Mississippi Gaming Commission to
				  require, as a condition of licensure, that cruise vessels utilized for gaming
				  on the Mississippi Gulf Coast, in the Biloxi Bay or in the Bay of St. Louis,
				  that are not self-propelled, to be moored to withstand a Category 4 hurricane
				  with 155 mile per hour winds and 15 foot tidal surge. Casinos will be required
				  through their State license or relicense application to follow emergency
				  declarations made by local or State emergency management officials. (Adopted:
				  10/13/94; Amended: 02/23/2006.)
Miss. Code Ann. §
										75-76-3
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 2 - QUALIFICATIONS › Rule 13-2-2.11 - Hurricane Emergency Procedure - Casino Operations

Current through June 25, 2024
(a) DEFINITIONS. As used in this regulation.
1. EMERGENCY MANAGEMENT DIRECTOR/COORDINATOR:
The individual in the local area responsible for coordination
				  and leadership in developing civil preparedness and emergency
				  management.
2. EMERGENCY
				OPERATIONS CENTER:
A central location used by command and control agencies or
				  personnel. Usually located in a hardened building to increase protection for
				  personnel.
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 3 - INVESTIGATIONS AND HEARINGS › Rule 13-2-3.1 - Investigations

Current through June 25, 2024
The Executive Director shall investigate all applications for
				  licenses or other Commission approvals and report all material facts to the
				  Commission. The Executive Director may investigate, without limitation, the
				  background of the applicant, the suitability of the proposed premises for
				  gaming, the proposed establishment's compliance with all applicable standards,
				  laws, and regulations, the suitability of the applicant's financing, and the
				  applicant's business probity. (Adopted: 09/25/1991.)
Miss. Code Ann. §
										75-76-103
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 3 - INVESTIGATIONS AND HEARINGS › Rule 13-2-3.2 - Waiver Of Privilege

Current through June 25, 2024
An applicant shall waive any statutory or common law
				  privilege afforded by the laws of the State of Mississippi or of any other
				  jurisdiction in which the applicant or any information pertaining to the
				  application is located. Refusal to waive such a privilege shall constitute
				  grounds for denial of the application. An applicant may claim any privilege
				  afforded by the Constitution of the United States, or of the State of
				  Mississippi, in refusing to answer questions by the Executive Director and the
				  Commission. Since the burden of proving his qualifications is upon the
				  applicant, however, a claim of privilege with respect to any testimony or
				  evidence pertaining to an application may constitute sufficient grounds for
				  denial. (Adopted: 09/25/1991.)
Miss. Code Ann. §
										75-76-33
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 3 - INVESTIGATIONS AND HEARINGS › Rule 13-2-3.3 - Summoning Of Applicants

Current through June 25, 2024
The Executive Director or Commission may summon any person
				  named in an application to appear and testify before them or their agents at
				  such time and place as they may designate. All such testimony shall be under
				  oath and may embrace any matter which the Commission, the Executive Director,
				  or their authorized agents deem relevant to the application. Failure to appear
				  and testify fully at the time and place designated, unless excused, constitutes
				  grounds for denial of the application without further consideration by the
				  Executive Director or the Commission. Any request for excuse of appearance must
				  be in writing and filed with the Executive Director at least five (5) days
				  prior to the scheduled appearance. The applicant may appeal a denial of excuse
				  of appearance by the Executive Director to the Commission. (Adopted:
				  09/25/1991.)
Miss. Code Ann. §
										75-76-27
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 3 - INVESTIGATIONS AND HEARINGS › Rule 13-2-3.4 - Notice Of Hearing

Current through June 25, 2024
The Executive Director shall give written notice to all
				  applicants of his recommendation regarding their applications and the time and
				  place that their application for a gaming license will be considered by the
				  Commission. If the Executive Director recommends denial of an application, he
				  shall also provide a written statement of the reasons for the recommendation.
				  Applicants may be represented at the meetings by their attorneys or agents. The
				  Commission will notify the applicant in writing of the disposition of his
				  application. (Adopted: 09/25/1991.)
Miss. Code Ann. §
										75-76-27
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 4 - GENERAL PARTNERSHIPS AND JOINT VENTURES › Rule 13-2-4.1 - Licensing Of Partners And Joint Venturers

Current through June 25, 2024
When a general partnership or joint venture applies for any
				  license, registration, or finding of suitability required or permitted to be
				  granted by the Commission, each individual partner and joint venturer must file
				  a complete application with the Executive Director and be separately found
				  suitable by the Commission, although only one license, in the name of the
				  partnership or joint venture, will be issued for a particular establishment.
				  (Adopted: 09/25/1991.)
Miss. Code Ann. §
										75-76-227
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 4 - GENERAL PARTNERSHIPS AND JOINT VENTURES › Rule 13-2-4.2 - Application Fees

Current through June 25, 2024
The general partnership or joint venture which applies for a
				  license, registration or finding of suitability is required to file only one
				  $5,000.00 application fee, but each individual partner and joint venturer is
				  required to pay investigative fees and each partner or joint venturer shall be
				  jointly and severally liable for the payment of supplemental investigative fees
				  of the other partners or joint venturers. (Adopted:
				  09/25/1991.)
Miss. Code Ann. §
										75-76-183
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 5 - CORPORATE LICENSEES › Rule 13-2-5.1 - Definitions

Current through June 25, 2024
As used in this regulation, the following terms have the
				  following meanings:
(a) "Control," "controlling," and "controlled by" mean a
				  relationship between two entities whereby one possesses, indirectly or
				  directly, the power to direct or cause the direction of the management and
				  policies of the other, whether through the ownership of voting securities, by
				  contract, or otherwise. The phrase "under common control with" means two
				  entities which are controlled by the same entity.
(b) A person shall be deemed to "own," "hold" or "have" a
				  security of, or interest in, a corporation or other form of business
				  organization if such person has either directly or indirectly, a record or
				  beneficial interest therein.
(c) The terms "sale" and "sell" include every contract of
				  sale of, contract to sell, or disposition of, a security or interest in a
				  security whether or not for value. The terms include an exchange of securities
				  and any material change in the rights, preferences, privileges or restrictions
				  of or on outstanding securities.
(d) The term "security" means any interest or instrument
				  commonly known as a "security", including without limitation, any stock,
				  membership in any corporation or association, bond, debenture or other evidence
				  of indebtedness, investment contract, voting trust certificate, certificate of
				  deposit for a security, or any certificate of interest or participation in,
				  temporary or interim certificate for, receipt for or warrant or register to
				  subscribe to or purchase any of the foregoing. (Adopted:
				  09/25/1991.)
Miss. Code Ann. §
										75-76-199
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 5 - CORPORATE LICENSEES › Rule 13-2-5.2 - Individual Licensing Of Shareholders Of Corporate Licensee

Current through June 25, 2024
(a) Except as provided in subsection (b),
				each individual must be found suitable to hold a gaming license before he may:
1. Own an equity security issued by a
				corporate licensee, or
2. Hold any
				security issued by a corporate licensee which gives the holder voting rights in
				the corporation.
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 5 - CORPORATE LICENSEES › Rule 13-2-5.3 - Procedure For Complying With Miss. Code Ann. Section 75-76-213

Current through June 25, 2024
The reports required pursuant to Miss. Code Ann. §
									75-76-213
				  shall consist of applications signed by the President and the Secretary of the
				  corporate licensee on a form provided by the Executive Director. The
				  information required on the form shall include, but not be limited to, the
				  following information:
(a) The name,
				address and telephone number of the applicant.
(b) If the report is being filed pursuant to
				Miss. Code Ann. §
									75-76-213,
				the name, address, and telephone number of any person to whom a security is
				being issued or transferred, the current ownership of the corporation, and the
				future ownership of the corporation if the issuance or transfer of the
				securities is approved.
(c) If the
				application is made pursuant to subsection 2 Miss. Code Ann. §
									75-76-213,
				the name, address, telephone number, and capacity of the corporate officer or
				director. If the new officer or director is replacing a former officer or
				director, the name, address, telephone number and capacity of the former
				officer or director, and a statement regarding the reason for the change in
				officers or directors.
(d) A
				complete and accurate application for licensing filed on behalf of the person
				to whom any security is being issued or transferred or any new officer or
				director of the corporation. The Executive Director shall investigate the
				person to whom the corporate licensee proposes to issue or transfer any
				security or the proposed new corporate officer or director and make a
				recommendation to the Commission with regard to the licensing of the proposed
				stockholder, officer or director. If the Commission licenses the proposed
				stockholder, officer or director, the issuance or transfer of the security or
				the change in corporate officers or directors is deemed approved. If the
				Commission denies such license or if the Executive Director permits withdrawal
				of the application upon the request of the applicant, then the transfer or
				issuance of the security or the change of officers or directors is disapproved.
				(Adopted: 09/25/1991.)
Miss. Code Ann. §
										75-76-213
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 5 - CORPORATE LICENSEES › Rule 13-2-5.4 - Compliance With Miss. Code Ann. Section 75-76-211

Current through June 25, 2024
(a) The
				Commission may request persons, affiliated entities and greater than 5% equity
				owners to submit an application for finding of suitability pursuant to Miss.
				Code Ann. Section
				75-76-211(1972).
(b) Any person, entity and greater than 5%
				equity owner required or requested to submit an application for finding of
				suitability to the Commission must submit such within the thirty (30) days
				provided by Miss. Code Ann. §
									75-76-211.
				The term Entity includes, but is not limited to, corporation, general
				partnership, limited partnership, limited liability company, revocable trust
				and irrevocable trust.
(c) Any
				person, entity and greater than 5% equity owner may be found unsuitable by the
				Commission and it shall constitute grounds for denial of any subsequent
				application by such person, entity and greater than 5% equity owner. The
				corporate licensee may be deemed to have failed to require the submission of an
				application for finding of suitability by such person, entity and greater than
				5% equity owner in violation of Miss. Code Ann. §
									75-76-211.
(Adopted: 09/25/1991.)
Miss. Code Ann. §
										75-76-211
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 5 - CORPORATE LICENSEES › Rule 13-2-5.5 - Approvals Required

Current through June 25, 2024
The following transactions involving corporate licensees are
				  ineffective unless approved in advance by the Commission:
(a) Any act or transaction by virtue of which
				any other corporation or other form of business organization becomes a
				controlled affiliate of a corporate licensee;
(b) Any act or transaction by virtue of which
				any other corporation or other form of business organization becomes under
				common control with a corporate licensee, unless the corporation or other
				business organization is wholly owned by a licensee, by persons who are
				licensed or who have been found suitable with respect to ownership of the
				corporate licensee, or by any combination thereof;
(c) The imposition of any restriction on the
				transfer of an equity security issued by a corporate licensee, whether imposed
				by the issuer or by the holder or by any other person, except the following:
1. Any restriction on resale which is
				required for compliance with the Federal Securities Act, or the Federal
				Securities Exchange Act, or a general securities law of any state;
2. Any restriction which results from a "stop
				transfer order" given to a transfer agent by the holder of a security on the
				grounds that the certificate has been lost or stolen; and
3. Any restriction which arises from a
				binding contract to sell or hypothecate a security in a current transaction
				which will be consummated, if at all, in nine months or less.
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 5 - CORPORATE LICENSEES › Rule 13-2-5.6 - Statement of Restrictions on Equity Securities

Current through June 25, 2024
The statement required by Mississippi Code Annotated
				  75-76-207 shall be substantially as follows:
(a) The sale, assignment, transfer, pledge or
				other disposition of this security is ineffective unless approved in advance by
				the Mississippi Gaming Commission. If at any time such commission finds that an
				owner of this security is unsuitable to continue to have an involvement in
				gaming in such state, such owner must dispose of such security as provided by
				the laws of the State of Mississippi and the regulations of the Mississippi
				Gaming Commission thereunder. Such laws and regulations restrict the right
				under certain circumstances:
1. To pay or
				receive any dividend or interest upon such security;
2. to exercise, directly or through any
				trustee or nominee, any voting right conferred by such security; or
3. to receive any remuneration in any form
				from the corporation, for services rendered or otherwise.
(Adopted: 08/20/1998.)
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 6 - LIMITED PARTNERSHIP LICENSEES › Rule 13-2-6.1 - Definitions

Current through June 25, 2024
As used in this regulation:
(a) "Contribution" means cash, property, services rendered,
				  or a promissory note or other binding obligation to contribute cash or property
				  or to perform services, which a partner contributes to a limited partnership in
				  his capacity as a partner.
(b)"Delayed licensing" means an approval granted by the
				  Commission to a limited partner of a limited partnership licensee, enabling the
				  limited partner to receive a share or percentage of revenues derived in the
				  conduct of gaming prior to the limited partner being licensed.
(c) "Foreign limited partnership" means a partnership formed
				  under the laws of any state of the United States other than this state or any
				  foreign country and having as its partners one or more general partners and one
				  or more limited partners.
(d)"Partnership agreement" means any valid, written agreement
				  of the partners as to the affairs of a limited partnership and the conduct of
				  its business.
(e)"Capital account" means a particular limited partner's
				  contribution plus the limited partner's proportionate share of the income of
				  the limited partnership licensee, minus the limited partner's proportionate
				  share of any of the losses of the limited partnership licensee and any
				  distributions to the limited partner. (Adopted: 09/25/1991.)
Miss. Code Ann. §
										75-76-199
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 6 - LIMITED PARTNERSHIP LICENSEES › Rule 13-2-6.2 - Required Provisions And Certificate Of Limited Partnership

Current through June 25, 2024
Pursuant to Miss. Code Ann. §
									75-76-223,
				  the following provisions must be included in the Certificate of Limited
				  Partnership of every limited partnership that applies for or holds a state
				  gaming license:
(a) "Notwithstanding
				anything to the contrary, expressed or implied in this agreement, the sale,
				assignment, transfer, pledge, or other disposition of any interest in the
				partnership is void unless approved in advance by the Commission. If at any
				time the Commission finds that an individual owner of any such interest is
				unsuitable to hold that interest, the Commission shall immediately notify the
				partnership of that fact. The partnership shall, within ten (10) days from the
				date that it receives the notice from the Commission, return to the unsuitable
				owner the amount of his capital account as reflected on the books of the
				partnership. Beginning on the date when the Commission serves notice of a
				determination of unsuitability, pursuant to the preceding sentence, upon the
				partnership, it is unlawful for the unsuitable owner:
(b) To receive any share of the profits or
				distributions of any cash or other property other than a return of capital as
				required above;
(c) To exercise,
				directly or through any trustee or nominee, any voting right conferred by such
				interest; or
(d) To receive any
				remuneration in any form from the partnership, for services rendered or
				otherwise. Any limited partner granted delayed licensing that is later found
				unsuitable by the Commission shall return all evidence of any ownership in the
				limited partnership to the limited partnership, at which time the limited
				partnership shall return to the unsuitable limited partner the amount of his
				capital account, and the unsuitable limited partner shall no longer have any
				direct or indirect interest in the limited partnership." (Adopted:
				09/25/1991.)
Miss. Code Ann. §
										75-76-223
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 6 - LIMITED PARTNERSHIP LICENSEES › Rule 13-2-6.3 - Delayed Licensing Of Limited Partners

Current through June 25, 2024
Miss. Code Ann. §
									75-76-219
				  and this regulation, the Commission may waive licensing of certain limited
				  partners and, in lieu thereof, grant approval of delayed licensing for a
				  limited partner. (Adopted: 09/25/1991.)
Miss. Code Ann. §
										75-76-219
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 6 - LIMITED PARTNERSHIP LICENSEES › Rule 13-2-6.4 - Eligibility For Delayed Licensing

Current through June 25, 2024
(a) A limited
				partnership that holds or has applied for a gaming license may file an
				application for approval of delayed licensing of its limited
				partners.
(b) Only limited partners
				whose aggregate effective ownership percentage in the limited partnership is
				less than ten percent (10%) will be considered for delayed licensing approval.
				For purposes of determining aggregate effective ownership percentage, an
				applicant who owns any part of a legal entity that is a limited partner shall
				be deemed to have the percentage ownership interest held by the legal entity,
				in addition to the percentage ownership that the applicant holds
				directly.
(c) A general partner is
				not eligible for delayed licensing.
(d) If the Commission rules that a limited
				partnership is eligible for delayed licensing of its limited partners, the
				Commission shall direct the Executive Director, based upon such investigation
				as he deems appropriate, to recommend to the Commission which of the limited
				partners who have applied for delayed licensing, if any, should be granted
				delayed licensing. (Adopted: 09/25/1991.)
Miss. Code Ann. §
										75-76-227
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 6 - LIMITED PARTNERSHIP LICENSEES › Rule 13-2-6.5 - Application For Delayed Licensing By Individual Limited Partners

Current through June 25, 2024
Once a limited partnership has been found eligible for
				  delayed licensing pursuant to Section 4, each limited partner seeking delayed
				  licensing shall file an application for delayed licensing pursuant to Section 6
				  of this regulation. A limited partner may file an application for delayed
				  licensing prior to the Commission's ruling on the eligibility of the limited
				  partnership, but the application will not be considered by the Executive
				  Director and Commission until the Commission rules that the limited partnership
				  is eligible for delayed licensing. (Adopted: 09/25/1991.)
Miss. Code Ann. §
										75-76-227
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 6 - LIMITED PARTNERSHIP LICENSEES › Rule 13-2-6.6 - Procedure For Consideration Of Application For Delayed Licensing

Current through June 25, 2024
Any application for delayed licensing, whether by the
				  limited partnership pursuant to Section 4, or by an individual limited partner
				  pursuant to Section 5 of this regulation, shall be made to the Executive
				  Director on forms furnished by the Executive Director. The Executive Director
				  shall investigate the applicant and make a recommendation to the Commission
				  which shall determine whether to grant or deny the application for delayed
				  licensing. The Executive Director has full and absolute power and authority, to
				  the extent permitted by law, to recommend the granting, denial, limitation,
				  conditioning or restriction of any application for delayed licensing required
				  or permitted by law or this regulation for any cause deemed reasonable by the
				  Executive Director. The Commission shall have full and absolute power and
				  authority to grant, deny, limit, condition, or restrict any application for
				  delayed licensing required or permitted by the Act or this regulation for any
				  cause deemed reasonable by the Commission. (Adopted:
				  09/25/1991.)
Miss. Code Ann. §
										75-76-227
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 6 - LIMITED PARTNERSHIP LICENSEES › Rule 13-2-6.7 - Information To Be Provided By Applicants For Delayed Licensing

Current through June 25, 2024
In addition to the information required by Miss. Code Ann.
				  §
									75-76-73
				  and Section II A of these regulations, each limited partner applying for
				  approval of delayed licensing shall provide the following information:
(a) A listing of any other business interests
				between the applicant and any general partner or any other limited partner
				existing prior to, at the time of, or after the formation of the limited
				partnership.
(b) Whether the
				applicant has a familial relationship, either by blood, marriage or adoption,
				with a general partner or any other limited partner.
(c) A certification that the applicant does
				not have and will not have a material relationship to, or material involvement
				with, a general partner of the limited partnership with respect to the
				operations of the limited partnership. A person may be deemed to have a
				material relationship to, or material involvement with, a general partner if he
				is a shareholder, controlling person or key employee of a legal entity that is
				a general partner, or if, as an agent, consultant, advisor, or otherwise, he
				exercises a significant influence upon the management or affairs of such
				general partner. (Adopted: 09/25/1991.)
Miss. Code Ann. §
										75-76-225
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 6 - LIMITED PARTNERSHIP LICENSEES › Rule 13-2-6.9 - Post Approval Monitoring After Approval Of Delayed Licensing

Current through June 25, 2024
The partnership agreement of a limited partnership that seeks
				  delayed licensing must obtain language to the effect that the licensing of any
				  limited partner granted delayed licensing may be activated at any time pursuant
				  to this regulation. The granting of delayed licensing to a limited partner by
				  the Commission shall be a revocable approval. The Executive Director and
				  Commission shall not relinquish jurisdiction. Any limited partner receiving
				  approval for delayed licensing from the Commission has no legal vested right or
				  privilege inherent in that approval, nor shall the limited partners that have
				  been granted delayed licensing accrue any privilege in the licensing of the
				  limited partnership.
(Adopted: 09/25/1991.)
Miss. Code Ann. §
										75-76-225
Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 6 - LIMITED PARTNERSHIP LICENSEES › Rule 13-2-6.10 - Powers Of The Executive Director And Commission After Delayed Licensing Approval

Current through June 25, 2024
After granting delayed licensing to any limited partner, the
				  Executive Director and Commission may exercise, without limitation, any of the
				  following powers:
(a) The Executive
				Director may at any time recommend to the Commission that the Commission
				activate the licensing process for any limited partner granted delayed
				licensing. Without limiting the generality of the foregoing, the Executive
				Director may recommend that the licensing of any limited partner be activated
				if he believes that:
1. A limited partner has
				thereafter developed a material relationship with or to a general
				partner;
2. A limited partner,
				individually or in conjunction with other limited partners, has acquired the
				ability to exercise significant control or influence over the management of the
				limited partnership's gaming operations or business affairs;
3. A limited partner, individually or in
				conjunction with other limited partners, has exercised, for any reason,
				significant control or influence over the management of the limited
				partnership's gaming operations, either directly or indirectly, even if such
				control is contemplated or authorized by the partnership agreement;
4. There is reason to believe that the
				limited partner cannot demonstrate its suitability pursuant to the provisions
				of Miss. Code Ann. §
										75-76-67;
5. The aggregate effective ownership
				percentage held by a limited partner granted delayed licensing has increased to
				ten percent (10%) or more; or
6.
				Any other cause he deems reasonable.