Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 1 - APPLICATIONS › Rule 13-2-1.5 - Approval to proceed with development

Current through June 25, 2024
With respect to obtaining the Commissions approval to
				  proceed with development, the following information, together with
				  documentation to support this information, shall be submitted to the
				  Commission:
(a) Architectural plans or
				renderings showing details of all proposed construction and renovation for the
				project, together with a footprint of the project. Include a description of the
				construction and type of parking facilities, as well as parking lot capacity.
				Commission approval requires that the project include a 500-car, or larger
				parking facility in close proximity to the casino complex, and infrastructure
				facilities shall include a 300-room, or larger hotel of at least a three
				diamond rating as defined by an acceptable travel publication to be determined
				by the Commission. In addition, infrastructure facilities must include a
				restaurant capable of seating at least 200 people and a fine dining facility
				capable of seating at least 75 people, and the casino floor must be at least
				40,000 square feet. The project will also have or support an amenity that will
				be unique to the market and will encourage economic development and promote
				tourism. The Commission will have authority in determining the quality of the
				amenity and the ultimate approval of the amenity, and may in its discretion
				reduce the requirements above should it determine that there is a justification
				to do so in certain markets. The Commission will further determine, in its
				discretion, if the prerequisite hotel and dining facilities may be supplanted
				by an amenity of high value to the overall tourism market in that the amenity
				will likely encourage economic development and promote tourism. As used herein,
				infrastructure facilities are not such items as parking facilities, roads,
				sewage and water systems, or civic facilities normally provided by cities
				and/or counties. The qualifying infrastructure must be owned or leased by (i)
				the holder of the site approval, or (ii) an affiliated company of the holder of
				the site approval where both the affiliated company and the holder of the site
				approval have identical direct or indirect equity ownership. This regulation
				shall apply to any new applicant for a gaming license for a new gaming facility
				and to the acquisition or purchase of a licensee or gaming facility for which
				gaming operations have ceased prior to the time of acquisition or purchase.
				This regulation, however, shall not apply to any licensee which has been
				licensed by the Commission, or to any person which has received Approval to
				Proceed with Development from the Commission, prior to December 31, 2013. (or
				to such licensee upon any licensing renewal after such date). Any change to the
				plan, or placement or design of the establishment, cruise vessel or vessel,
				shall be submitted in advance to the Executive Director for determination of
				whether such a change constitutes a material change. If the Executive Director
				determines that a material change has occurred, Commission approval is required
				for the same.
(b) Statements
				reflecting the total estimated cost of construction or renovation of the
				establishment, vessel, or cruise vessel and shore and dock facilities,
				distinguishing between known costs and projections, and separately identifying:
1. Facility design expense;
2. Land acquisition costs;
3. Site preparation costs;
4. Construction costs or renovation
				costs;
5. Equipment acquisition
				costs;
6. Cost of interim
				financing;
7. Organization,
				administrative and legal expenses;
8. Projected permanent financing
				costs;
9. Qualified infrastructure
				costs; and
10. Non-qualifying
				infrastructure costs.