Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part XI - Video Poker › Chapter 24 - Video Draw Poker › Section XI-2424 - Enforcement Actions of the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Pursuant to
				R.S.
				27:432 et seq., in lieu of other
				administrative action, the division may impose a civil penalty as provided for
				in the penalty schedule contained in Subsection B.
B. Penalty Schedule
Regulation
Number
Violation Description
1st
2nd
3rd
Application and License
2405 A 15
Improperly Notarized Documents
1000
2000
Admin
Action
2405 B 2
Failure To Conspicuously Display License
100
200
300
2504 B 3c
Failure To Renew Gaming License 45 Days Prior To
							 Expiration Of License
250
500
1000
2405 B 7
Failure To Attend Required Hearings, Meetings, Etc.
500
1000
Admin
Action
2405 B 8
Failure To Attend Required Hearings, Meetings, Etc.
500
1000
Admin
Action
Video Gaming Devices
2407 A 1
No Des Rep/Failure To Monitor VGD/Gaming Area
250
500
1000
2407 A 3
Allowing Intoxicated Persons To Play Video Devices
250
500
1000
2407 A 4
Failure Of Licensee To Supervise Employees To Ensure
							 Compliance With Regulations
100
200
300
2407 A 5
Failure To Pay Valid Ticket Voucher On Demand
500
750
1000
2407 A 6
Proper Placement Of Devices
100
200
300
2407 A 7
Licensee Shall Advise The Division Of Any Device
							 Malfunction That Has Not Been Rectified By The Device Owner Within 24 Hours
250
500
1000
2407 A 9
Keys Shall Be Secure And Available To The Division
100
200
300
2407 A 10
Loss Of Access Of Device Telephone Line
250
500
1000
2407 A 12
Licensee Shall Post Signs At Entrances To Gaming
							 Area/Restricting Play/3 Inch Lettering
250
500
1000
2407 A 14
No Hotline Number/Compulsive Gambling Toll Free
							 Number Signs
250
500
1000
2407 B 2
Video Draw Poker Employee Permit
25
50
75
2407 B 8
Designated Reps Shall Locate Records and Documents
250
500
1000
2407 C 1
Employee Shall Be Available To Redeem Valid Tickets
250
500
1000
2407 C 1a
Ticket Vouchers Shall Be Redeemed For Cash Only
250
500
1000
2407 C 1e
The Phrase "Any Malfunction Voids All Plays And Pays"
							 Shall Be Displayed On The Face Of Devices
100
200
300
2407 C 1f
Failure To Make Timely Payments As Required
500
1000
Admin
Action
2407 D
Advertising Violation
500
750
1000
Revenues
2409 C3b
Insufficient Funds Available For Electronic Transfer
							 --(fine as shown on the right plus interest as per 2409.C.3.d)
250
500
1000 or Admin Action
2409 C3d
Insufficient Funds Available For Electronic Transfer
							 - Fine Plus Interest As Per Rule
500
1000
Admin
Action
2409 C4
A Device Owner Who Has A Non-Sufficient Fund Return
							 W/I The Past 3 Years Shall Be Required To Maintain A Minimum Balance In The
							 Sweep Account Or Secure With A Line Of Credit Or Bond
500
1000
Admin
Action
2409 E 2
Failure To Have All Records Requested Readily
							 Available For Audit
500
1000
Admin
Action
Regulatory, Communication, and Reporting
							 Responsibilities
2411 A 6
Failure To Provide Semi-Annual, Quarterly, Or Monthly
							 Report Requested By Date Required
500
1000
Admin
Action
2411 A 7
Failure To Retain All Records For A Period Of Three
							 Years (Manufacturers-Five Years)
500
1000
Admin
Action
2411 A 9
Failure To Maintain Required Records, Submit All
							 Reports, And Keep The Division Informed In Writing Of Changes
500
1000
Admin
Action
2411 A 10a
Failure To Keep And Maintain Bank Account Documents
500
1000
Admin
Action
2411 A 10b
Failure To Keep And Maintain Business Records
500
1000
Admin
Action
2411 A 12
All Licensed Manufacturers And Distributors Shall
							 Maintain A Current Record Of Devices Received, Sold, And In Inventory
500
1000
Admin
Action
2411 A 14
Failure To Provide A Current List Of Authorized
							 Service Personnel
500
1000
Admin
Action
2411 B 1
Failure To Provide A Semi-Annual Report Requested
500
1000
Admin
Action
2411 D 3
Failure Of Device Owner To Maintain All Audit Tapes
							 For A Period Of 3 Years
250
500
1000
2411 D 6
Failure To Notify Division Technical Staff Prior To
							 Removal Of Devices From Service For Less Than 72 Hours Per Device
250
500
1000
2411 D7
Devices Disabled From The Central Computer For More
							 Than 72 Hours Shall Be Transferred To The Device Owner's Warehouse Or Service
							 Entity And The Division Notified With The Proper Paperwork Within Five Business
							 Days Per Device
250
500
1000
2411 E1
Failure Of Licensed Establishment To Provide
							 Quarterly Report Requested By Division
500
1000
Admin
Action
2411 E 3
Failure Of Licensed Truck Stops To Provide Monthly
							 Fuel Sales Reports
500
1000
Admin
Action
2411 F 1
Failure Of Licensed Service Entity To Maintain
							 Required Records
250
500
Admin
Action
2411 F 2
Failure Of Licensed Service Entity To Have A
							 Certified Technician And Adequate Facilities Approved By The Division
250
500
Admin
Action
2411 G 3
Failure To Submit Device Forms Required By The
							 Division In A Timely Manner
250
500
1000
2411 H 2
Failure To Provide Copies Of Written Contracts
							 Pertaining To The Operation Of Devices Within 10 Business Days Of Making Such
							 Contract
500
1000
Admin
Action
Devices
2413 A 1 E
Unapproved Information On Device Screen/Housing
100
200
300
2413 A 1 E Ii
The Phrase "No Persons Under The Age Of 21 Allowed To
							 Play" Shall Be Conspicuously Displayed On The Face Of All Devices
100
200
300
2413 A 1 L
Device Must Have An Approved And Functioning Security
							 System For Temporarily Disabling Device And Alerting The Central System When
							 The Device Is Opened
250
500
1000
2413 E 1
Only Certified Technicians May Access The Interior Of
							 An Enrolled And Enabled Device
1000
2000
Admin
Action
2413 E 7
All Device Owners Shall Maintain A Current, Written
							 Maintenance Log For Each Device Operating Within A Licensed Establishment On A
							 Division Approved Form
100
200
300
2413 E 8
A Division Approved Ram Clear Chip And Procedure
							 Shall Be Used When A Device's Memory Is To Be Cleared
500
1000
Admin
Action
2413 E 9
Prior Approval Must Be Obtained Before A Software
							 Program Is Changed In Any Device
500
1000
Admin
Action
2413 E 12
The Division Shall Be Notified Before A Device Is
							 Disconnected From Central Computer
500
1000
Admin
Action
2413 F 1
Failure To Provide Information Of Shipment Of Devices
							 And Obtaining Division Approval
500
750
1000
2413 F 2
Failure To Provide Division With The Make, Model,
							 Serial Number And An Inventory Of The Devices Being Shipped
500
750
1000
2413 F 4
Devices Shall Be Shipped Within Ten Business Days Of
							 The Notification And Approval
500
750
1000
2413 G 1
Failure To Request Local Law Enforcement To
							 Investigate Damage Or Theft Of Any Device
250
500
1000
2413 G 2
Failure To Obtain And Forward Requested Reports To
							 The Division After Investigation
250
500
1000
2413 G 3
The Device Owner Or Licensed Establishment Shall
							 Notify The Division, In Writing, Of Any Damage To Or Theft From A Device
250
500
1000
2413 H 2
The Completed Device Transfer Report Shall Be
							 Submitted To The Division Within Five Business Days
200
400
600
2413 H 3
No Devices Which Are Permanently Removed From Service
							 Shall Have A Validation Decal Displayed On It
200
400
600
Gaming Establishments
2415 B 2
All Type 5 Establishments With 20 Or More Devices
							 Shall Provide Video Surveillance Approved By Division
500
1000
Admin
Action
2415 C 1
Device Groupings Shall Be Physically Located Within
							 The Licensed Establishment
250
500
1000
2415 C 2
No Device Shall Be Placed Closer Than Twelve Inches
							 To Any Other Device (May Be Placed Back To Back)
100
200
300
2415 C 1
Device Improperly Located
250 per device
Admin
Action
Admin
Action
2415 C 2
No Device Shall Be Placed Closer Than 6 Inches To Any
							 Other Device (May Be Placed Back To Back)
100
200
300
2415 C 3
Device Improperly Located
250 per device
Admin
Action
Admin
Action
2415 D 1
No Licensed Establishment Shall Be Altered Or
							 Renovated Dealing With Devices Without Division Approval
500
1000
Admin
Action
2415 D 2
Any Licensed Establishment That Allows Mixed
							 Patronage Shall Have Devices In Designated Areas With A Partition
250
500
1000
2415 D 3a
A Licensed Establishment That Is Connected To Another
							 Business Shall Have A Door Between Them That Automatically Closes
250
500
1000
2415 D 3b
A Licensed Establishment That Is Connected To Another
							 Business Shall Have A Separate Outside Entrance
250
500
1000
2415 D 3c
A Licensed Establishment That Is Connected To Another
							 Business Shall Keep Records Separate
250
500
1000
2415 D 3d
A Licensed Establishment That Is Connected To Another
							 Business Shall Have Personnel That Are Solely Employed By The Licensed
							 Establishment
250
500
1000
2415 D 4
The Parking Area Of A Truck Stop Facility Shall Be In
							 Compliance With All Federal, State And Local Laws
250
500
1000
Code of Conduct of Licensee
2417 A 1
All Licensees And Permittees Shall Comply With All
							 Applicable Federal, State, And Local Laws And Regulations
250
500
1000
2417 B 4
Failure to disclose within 10 calendar days, the
							 following:
Misdemeanor Arrest
Felony Arrest
Marriage/Divorce/
Property Settlement
Entity Name Change or Conversion
Management Change (appointment or resignation)
250
500
250
500
500
250
1000
250
Admin
Action
Admin
Action
500
Admin
Action
500
Admin
Action
Admin
Action
2417 C 1 I
Failure To Respond In A Timely Manner To
							 Communications From The Division Or Board (10-Day Letters)
500
1000
2000
Investigations
2419 B 2
All Licensees Shall Make Available To The Division
							 Records Requested
500
1000
Admin
Action
2419 B 3b
All Devices Shall Have, At All Times, The Proper
							 Validation Decal Affixed To The Device And Maintenance Log Books Properly
							 Secured And Available For Inspection
250
500
Admin
Action
Miscellaneous
27:402(14)
Expired ATC Permits Renewed during Investigation or
							 Adjudication
Establishments Primarily Engaged in the Retail Sale
							 of Prepared Foods and Alcoholic Beverages Must Possess a Valid Class A-General
							 Retail Permit or a Class A-Restaurant Permit
1000 Plus 500 For Each 30-Day (or Portion of A
							 30-Day) Period
27:435(F)(2)
A Non-Sufficient Fund Return
250
500
1000 or
Admin Action
27:435(K)(4)(b)
Required Annual Fees Submitted after July First, but
							 on or before July Thirty-First
Type 1 Or 2 License
250
Type 3-8 License
500
27:435(K)(4)(c)
Required Annual Fees Submitted after July
							 Thirty-First, but on or before August Thirty-First
Type 1 Or 2 License
500
Type 3-8 License
1000
27:435(L)
A Complete Renewal Application Filed within 30
							 Calendar Days after the Expiration of the License
500
27:443
Allowing Underage Patron to Play Video Gaming Device
1000
1000
Revocation
C. A
				violation shall be considered a second or subsequent violation in accordance
				with the provisions of
				R.S.
				27:308.1(D)(1)(b).
D. All civil penalties shall be paid by
				personal, company, certified or cashier's check, money order, electronic funds
				transfer or other form of electronic payment.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 33:4862.1 et
				  seq.