Mississippi Administrative Code › Title 13 - Gaming › Part 2 - LICENSING › Chapter 2 - QUALIFICATIONS › Rule 13-2-2.2 - Location

Current through June 25, 2024
(a) The legislature has declared gaming
				operations legal if licensed by the Commission and conducted upon
				establishments, vessels and cruise vessels located in certain statutorily
				described areas where voters have not voted to prohibit gaming. The Commission,
				as authorized by law and in conformity with the power and responsibility vested
				in it by the legislature, finds that gaming licensees may operate at the
				following locations. Nothing in this section shall act to prevent the
				Commission from denying a gaming license or preliminary site approval based on
				the unsuitability of a particular site.
1.
				Cruise Vessels. Waters within the State of Mississippi which lie adjacent to
				the three (3) most southern counties of the State. In addition to the
				Mississippi Sound, this would include St. Louis Bay, Biloxi Bay and Pascagoula
				Bay. However, the rivers, bayous, lakes and back bays leading into these bays,
				including but not limited to the Jourdan River, Wolf River, Bernard Bayou,
				Tchoutacabouffa River, Pascagoula River and Escatawpa River, Biloxi River, Big
				Lake and Back Bay of Biloxi are not within the authorized area. In determining
				where the river ends and the bay begins, an imaginary line shall be drawn from
				the foremost land mass at the intersection of the river and bay, straight
				across the river to the foremost land mass of the intersection on the other
				side. In determining where Back Bay of Biloxi ends and Biloxi Bay begins, an
				imaginary line shall be drawn beginning at a point 1200 feet west of the center
				line of Interstate 110 on the northern shore to a point on the center line of
				Interstate 110 on the southern shore.
2. Vessels. Vessels must be on the
				Mississippi River or navigable waters within any county bordering on the
				Mississippi River when such navigable waters run into the Mississippi River.
				Navigable waters mean any rivers, creeks, bayous or other bodies of water that
				are used or susceptible of being used as an artery of commerce and which either
				in their natural or improved condition are used or suitable for use as an
				artery of commerce or are used for the docking or mooring of a vessel,
				notwithstanding interruptions between the navigable parts of such rivers,
				creeks, bayous or other bodies of water by falls, shallows, or rapids
				compelling land carriage. Vessels may be located (1) on the Mississippi River,
				including oxbow lakes immediately adjacent to the Mississippi River, that
				communicate with the Mississippi River and are characterized by currents which
				reverse seasonally, running one direction when the Mississippi River rises, and
				the opposite direction when it falls, and (2) on navigable waters.
i. Navigable Waters are defined as rivers,
				creeks, bayous or other naturally occurring bodies of water that, at the time
				of application and prior to improvements to accommodate a vessel empty into the
				Mississippi River in the county where the applicant casino is located; are
				located within a county where gaming is legal, in other words, do not border a
				county where gaming is illegal; are used or susceptible of being used as an
				artery of commerce for substantial commercial traffic; either in their natural
				or improved condition are used or suitable for use as an artery of commerce for
				substantial commercial traffic or are used for docking or mooring of a vessel;
				and are of a sufficient depth and width at least thirty (30) days of the
				calendar year to accommodate a vessel of at least 150 in length and the
				proposed width of the applicant vessel.
ii. Naturally occurring interruptions between
				the navigable parts of such rivers, creeks, bayous or other bodies of water by
				falls, shallows, or rapids compelling land carriage do not deprive it of its
				classification of navigable. Artificial impediments to navigation for
				substantial commercial traffic do not deprive rivers, creeks, bayous or other
				bodies of water of their status as navigable.
iii. In accordance with the above, vessels
				must be west of the main line levee that runs from the border between the
				states of Mississippi and Tennessee to the end of the main line levee in Warren
				County and west of the naturally occurring levee system or bluffs from Warren
				County to the border between Wilkinson County, Mississippi and West Feliciana
				Parish, Louisiana, except vessels may be located on the Yazoo River within
				Warren County and the Big Black River where it forms the border between Warren
				and Claiborne Counties.
3. Establishments. The part of the structure
				in which licensed gaming activities are conducted is located entirely in an
				area which is located no more than eight hundred (800) feet from the mean
				high-water line (as defined in Section
				29-15-1)
				of the waters within the State of Mississippi, which lie adjacent to the State
				of Mississippi south of the three (3) most southern counties in the State of
				Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and
				Pascagoula Bay, or, with regard to Harrison County only, no farther north than
				the southern boundary of the right-of-way for U.S. Highway 90, whichever is
				greater; and In the case of a structure that is located in whole or part on
				shore, the part of the structure in which licensed gaming activities are
				conducted shall lie adjacent to state waters south of the three (3) most
				southern counties in the State of Mississippi, including the Mississippi Sound,
				St. Louis Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the
				structure is located consists of a parcel of real property, easements and
				rights-of-way for public streets and highways shall not be construed to
				interrupt the contiguous nature of the parcel, nor shall the footage contained
				within the easements and rights-of-way be counted in the calculation of the
				distances specified in the above paragraph.
4. The Executive Director may make a
				recommendation to the Commission regarding the qualification of a location for
				gaming operations upon the request of an applicant for an operators license or
				upon a finding by the Executive Director that such determination is necessary
				and in accord with public policy.
5. These amendments shall apply to all
				existing, pending, renewal and new applicants for a license or preliminary site
				approval. (Adopted: 11/14/1990; Amended: 12/12/1990; Amended: 07/16/1998;
				Amended: 04/26/2001; Amended: 07/23/2003; Amended: 02/23/2006.)