Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part XIII - Riverboat Gaming › Subpart 1 - Riverboat Gaming Commission › Chapter 1 - Issuance and Construction of Regulations and Administrative Matters › Section XIII-101 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in this
				  Subchapter, the following words and phrases shall have the following meanings.
Act
- the Louisiana Riverboat Economic
					 Development and Gaming Control Act.
Administrative Decision
- the final action,
					 decision, order, or disposition by (the supervisor) or chairman of a request
					 for administrative approval.
Advisory Panel
- a panel or group of
					 persons appointed by the chairman with and given a request to study, consider,
					 and advise the commission regarding specific or generalized issues, areas or
					 courses of action.
Applicant
- any person who has filed any
					 part of an application with the commission seeking any certificate or permit
					 authorized by the Act or by rule of the commission.
Application
- all the information,
					 documents, forms, and materials required by the Act and commission rules to be
					 filed with the commission (or division) for any license, certificate, or permit
					 authorized by the Act, commission rule or division rule.
Architectural Plans and Specifications
or
Architectural Plans
or
Plans
or
Specifications
- all the plans, drawings, and specifications
					 for the construction, furnishing, and equipping of a riverboat, and including
					 but not limited to, detailed specifications of and illustrative drawings or
					 models depicting the proposed size, layout and configuration of the component
					 parts of the vessel, including electrical and plumbing systems, engineering,
					 structure, and aesthetic interior and exterior design as prepared by one or
					 more licensed professional architects and engineers.
Berth
- the approximate location or
					 locations where a riverboat is or will be authorized to dock as provided in the
					 Act and commission rules.
Certificate
- an approval or authority
					 issued by the commission.
Certificate
shall also mean the
					 document or writing issued by the commission as evidence of the approval or
					 authority granted.
Certificate of Final Approval
- a
					 certificate issued by the commission when and if, upon completion, the vessel
					 and all support facilities comply with all requirements of the Act and the
					 regulations and, after a final inspection, have been certified by the applicant
					 to be constructed in accordance with the riverboat plans, specifications and
					 any conditions previously approved by the commission.
Certificate of Preliminary Approval
- a
					 certificate approving construction of a riverboat in accordance with a
					 certificate and conditions thereto and preliminary approval of a proposed
					 riverboat route and operations, as described in the application.
Chairman
- the chairman of the Louisiana
					 Riverboat Gaming Commission.
Commission
- the Louisiana Riverboat Gaming
					 Commission.
Compliance Ruling
- a nonemergency ruling
					 or opinion issued by the chairman determining whether a proposed action of a
					 person subject to commission jurisdiction or a holder of a certificate will
					 comply or has complied with a commission order or regulation, or condition of a
					 certificate.
Component
- a substantial portion or
					 tangible part of a riverboat that must be constructed, modified or installed in
					 or on the riverboat to complete construction of a riverboat, including but not
					 limited to hulls, decks, paddlewheels, engines, motors, boilers, modular units,
					 generators, electrical systems and wiring, plumbing systems and apparatus,
					 heating and cooling systems, custom-made furniture and fixtures. Component
					 shall not include gaming devices, equipment and supplies.
Condition
- a condition or term upon which
					 a certificate is issued. A condition may be voluntary or proposed by the
					 applicant, or may be ordered by the commission even if not agreed to or
					 proposed by the applicant in his application for certificate.
Day
- as used in these rules and
					 regulations, shall mean a calendar day.
Designated Waterways
- those waterways
					 listed in the Act.
Division
- the Louisiana Riverboat Gaming
					 Enforcement Division of the Office of State Police.
Dock
- to lower the gangplank to a pier or
					 shore or to anchor a riverboat at a pier or shore, or both. The term also means
					 the place where docking occurs and where one or more berths may be
					 located.
Emergency Order
- an order or approval
					 issued by the chairman or his designee when an emergency or safety
					 consideration necessitates immediate modification of an order of the
					 commission, of a certificate or a condition thereof, or authorized route or
					 operation of a riverboat.
Excursion
- that period of time when a
					 riverboat is away from its approved berth or is embarking or disembarking
					 passengers at its approved berth.
Gaming Operator
- a person issued a license
					 by the division to conduct gaming operations upon a riverboat.
Hearing
- a proceeding conducted by or at
					 the direction of the supervisor or the commission and includes formal
					 proceedings conducted by a hearing officer at the request of the commission to
					 determine issues of fact or law and take such other action as authorized and
					 provided in the Act or the commission rules.
Hearing Officer
- an agent of the
					 commission appointed by the chairman from a list approved by the commission to
					 conduct a hearing, who has the following qualifications:
a. must be at least 21 years of age;
b. must be licensed to practice law in the state of
					 Louisiana;
c. must have a working knowledge of the Act and the
					 regulations; and
d. such other qualifications required by the
					 commission.
Holder
- the person to whom a certificate
					 has been issued.
Inspection
- a surveillance or observation
					 by the commission or its agents of operations conducted by a licensee or
					 permittee, which surveillance and observation may or may not be made known to
					 the licensee or permittee.
Inspection
also means a
					 surveillance or examination of the activities of a holder of certificate
					 including construction of a riverboat and any operation or activity conducted
					 by a person holding a certificate.
License
or
Operator's
					 License
- a riverboat gaming operator's license.
Licensee
- a person who holds a license or
					 operator's license.
Meeting
- a gathering of the commission
					 pursuant to law at which a quorum is present for the purpose of deliberating
					 toward a decision or making a decision. The term includes but is not limited
					 to, consideration of an application for certificate, the consideration of
					 appeals taken from decisions of the division concerning license or permit
					 applications, transfer of interest, issues involving matters of taxation, fees,
					 charges and/or penalties, disciplinary proceedings, and exclusion list
					 proceedings.
Modification
- a change or modification of
					 a material or substantial term, condition, part or portion of a certificate or
					 commission order which is initiated by an applicant or holder.
Operation
- the conducting of activities,
					 excursions or gaming operations as described in an application or
					 certificate.
Operator's License
- a riverboat gaming
					 operator's license.
Passenger Access Area
- any enclosed or
					 unenclosed area of a riverboat that is open to the public including but not
					 limited to lavatories, restaurants, shopping areas, seating, lounges,
					 entertainment areas, the outside deck areas and the designated gaming
					 area.
Permit
- a permit other than a certificate
					 issued by the commission.
Permittee
- a person who holds a permit by
					 the commission.
Person
- a person as defined in the
					 Act.
Riverboat
- a vessel that carries a valid
					 certificate of inspection issued by the United States Coast Guard with regard
					 to the carriage of passengers on designated rivers or waterways within, or
					 contiguous to the boundaries of the state of Louisiana, carries a valid
					 Certificate of Inspection from the United States Coast Guard for the carriage
					 of a minimum of 600 passengers and crew, has a minimum length of 150 feet, is
					 of such type and design so as to replicate in the opinion of the commission as
					 nearly as practicable historic Louisiana river borne steamboat passenger
					 vessels of the nineteenth century era, and is paddlewheel driven. For purposes
					 of this Chapter,
paddlewheel driven
shall mean that the
					 riverboat has one or more functional paddlewheels which, in the opinion of the
					 commission, substantially contribute to the overall propulsion of the
					 riverboat. A riverboat as defined herein is not required to be steam propelled
					 or maintain overnight facilities for its passengers.
Riverboat Operator
- an owner and/or
					 operator of a riverboat.
Route
- the authorized route or path of a
					 riverboat moving upon designated rivers and waterways as permitted or
					 authorized by the commission.
Rule
or
Regulation
- an
					 administrative rule promulgated by the commission pursuant to the Act.
Supervisor
- the individual in charge of
					 the division.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 4:501 et
					 seq.