Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 2 - QUALIFICATIONS › Rule 13-2-2.3 - Unsuitable Locations

Current through June 25, 2024
The Executive Director may recommend that an application for
				  a license be denied if the Executive Director believes that the place or
				  location for which the license is sought is unsuitable for the conduct of
				  gaming operations. The Commission may deny an application for a state gaming
				  license if it deems that the place or location for which the license is sought
				  is unsuitable for the conduct of gaming operations. Without limiting the
				  generality of the foregoing, the following places or locations may be deemed
				  unsuitable:
(a.) Premises located
				within the immediate vicinity of residential areas, churches, schools and
				children's public playgrounds.
(b.)
				Premises where gaming is contrary to any county or city, ordinance, including,
				but not limited to, zoning ordinances restricting the permissible locations for
				gaming facilities, so long as such ordinances do not have the effect of
				absolutely excluding or prohibiting legal gaming;
(c.) Premises which fail to meet federal,
				state or local health and safety standards, and any other applicable laws or
				regulations including, but not limited to Coast Guard regulations.
(d.) Premises frequented by minors. The
				Executive Director may recommend and the Commission may determine that premises
				frequented by minors are nevertheless suitable if the applicant demonstrates
				that it has taken sufficient precautions to separate areas of the premises
				frequented by minors from the gaming operation.
(e.) Premises lacking adequate supervision or
				surveillance.
(f.) Premises
				difficult to police, or where adequate fire protection may be
				difficult.
(g.) Any other premises
				where the conduct of gaming would be inconsistent with the public policy of the
				State of Mississippi.
(h.) The
				Legislature has declared certain public policy relating to gaming. In response
				to these directives, the Mississippi Gaming Commission has adopted certain
				rules as guidelines to adhere to this policy.
(i.) The Commission, in conformity with this
				policy and guidelines in its rules and regulations when determining suitability
				of a site in which primary access is from a foreign jurisdiction, finds that:
1. Access to any site on the west side of
				Mississippi River would require primary access from a foreign
				jurisdiction;
2. Revenues from
				tourism and ancillary business would by necessity adhere to jurisdictions other
				than Mississippi;
3. The population
				of the area served would be substantially non-Mississippi;
4. It would not maximize economic development
				of Mississippi;
5. Is not
				beneficial to Mississippi tourism;
6. Employment opportunities would serve other
				than Mississippians;
7. Shore
				developments would substantially be on foreign jurisdictions;
8. Fire and police protection would fall on
				the shoulders of the foreign jurisdiction due to the inaccessibility of the
				site. There would be an undue burden on the Commission to strictly regulate as
				dictated by the Legislature.
9. Any
				establishment that must be accessed by agents traveling through foreign
				jurisdictions, frequently, if not daily, puts an unacceptable burden on that
				agent as well as the State. The lost time through travel is a highly
				inefficient use of state assets and additionally requires the agent to abandon
				on a daily basis the protection afforded to him by the state and submit to the
				laws of the foreign jurisdiction. The Mississippi Gaming Commission therefore
				declares it to be the policy of the Commission that any location that requires
				primary access from foreign jurisdictions to be unsuitable for a gaming
				establishment. (Adopted: 09/25/1991; Amended: 10/13/1994.)