reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2121 - Form of Application for a License

Current through Register Vol. 50, No. 6, June 20, 2024
A. An application for a license or finding of
				suitability shall be filed by way of forms prescribed by and obtained from the
				board or division. Such forms may include, but are not limited to:
1. information regarding the background of
				the applicant;
2. a financial
				statement;
3. a statement
				disclosing the nature, source, and amount of any financing, the proposed uses
				of all available funds, the amount of funds available after opening for the
				actual operation of the casino, and economic projections for the first three
				years of operation of the casino;
4. an affidavit of full disclosure, signed by
				the applicant;
5. an authorization
				to release information to the board and division, signed by the
				applicant;
6. a standard bank
				confirmation form, signed by the applicant;
7. a release of all claims, signed by the
				applicant; and
8. a security
				statement explaining the type of security procedures, practices, and personnel
				to be utilized by the applicant.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2122 - Form of Application for a Permit

Current through Register Vol. 50, No. 6, June 20, 2024
A. An application for a permit or finding of
				suitability shall be filed by way of forms prescribed by and obtained from the
				board or division. Such forms may include, but are not limited to:
1. information regarding the background of
				the applicant;
2. a financial
				statement;
3. an affidavit of full
				disclosure, signed by the applicant;
5. an authorization to release information to
				the board and division, signed by the applicant;
6. a standard bank confirmation form, signed
				by the applicant;
7. a release of
				all claims, signed by the applicant.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2124 - Additional Application Information Required, Riverboat Only

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				application for a riverboat license shall contain the following additional
				information, as applicable:
1. a statement
				that the vessel has or will obtain a valid certificate of inspection from the
				United States Coast Guard or valid certificate of compliance from a
				board-approved third party inspector;
2. if required to cruise and conduct
				excursions by the Act, the proposed route to be followed identifying the
				designated waterways; and a description of proposed excursions including
				frequency and approximate schedule of excursions, projected passenger load,
				admission charges, and a proposed berth site;
3. a statement that the facility has or will
				maintain a certification of compliance in accordance with
				R.S.
				27:44.1(D)(1)(b).
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2125 - Access to Premises and Records

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The board and division, upon displaying proper credentials, shall be given
				immediate access to any premises to be used in the licensed or permitted
				operation of an applicant for the purpose of inspecting or examining:
1. records or documents required to be kept
				under the provisions of the Act and these regulations;
2. gaming devices or equipment to be used in
				the licensed or permitted operation; or
3. the conduct of any gaming activity in the
				licensed or permitted operation.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2127 - Information Constituting Grounds for Delay or Denial of Application; Amendments

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				information included in an application shall be true, correct and a complete,
				accurate account of the information requested to the best of the applicant's
				knowledge as of the date submitted. The applicant shall notify the division in
				writing of all changes to any information in the application within 15 business
				days of the effective date of the change.
B. No applicant shall make any untrue
				statement of material fact in any application, form, statement, report or other
				document filed with the board or division.
C. An applicant shall not omit any material
				fact in any application, form, statement, report or other document filed with
				the board or division. The applicant shall provide all information which is
				necessary to make the information supplied in an application complete and
				accurate.
D. No applicant shall
				make any untrue statement in any written or verbal communication with the board
				or division.
E. An application may
				be amended upon approval of the chairman or division supervisor. An amendment
				to an application may have the effect of establishing the date of such
				amendment as the filing date of the application with respect to the time
				requirements for action on the application. A request for amendment to an
				application shall be in writing.
F.
				Upon request of the board or division for additional information, the applicant
				shall provide the requested information within 10 days of receipt of written
				notice of the request or within such additional time as allowed by the board or
				division.
G. Failure to comply with
				the provisions of this Section may constitute grounds for delaying
				consideration or for denial of the application.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2129 - Other Considerations for Licensing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may consider the following
				criteria when deciding whether to issue a license or a finding of suitability
				to conduct casino gaming. The various criteria set forth may not have the same
				importance in each instance. Other factors may present themselves in the
				consideration of an application for a license and a finding of suitability. The
				following criteria are not listed in order of priority:
1. Proper Financing. The board may consider
				whether the proposed casino is properly financed.
2. Adequate Security and Surveillance. The
				board may consider whether the proposed casino is planned in a manner which
				provides adequate security and surveillance for all aspects of its operation
				and for the people working or patronizing the casino.
3. Character and Reputation. The board may
				consider the character and reputation of all persons identified with the
				ownership and operation of the casino and their capability to comply with
				regulations and the Act.
4.
				Miscellaneous. The board may consider such other factors as may arise in the
				circumstances presented by a particular application.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2131 - Time Table for Construction

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				timetable for construction shall be approved by the board and monitored for
				compliance by the division.
B. All
				riverboat licenses shall be subject to the condition that within 24 months from
				the date the license is granted the riverboat shall commence gaming operations.
				Upon the recommendation of the division, an extension of time may be
				granted.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2133 - Filing of Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				application, including renewal applications, shall be deemed filed with the
				board or division when the application form has been received by the division,
				as evidenced by the date stamp on the application.
B. Renewal applications for licenses to
				conduct gaming operations shall be submitted to the division no later than 120
				days prior to the expiration of the license.
C. Renewal applications for permits shall be
				submitted to the division no later than 60 days prior to the expiration of the
				permit and all fees as required by the Act shall be paid on or before the date
				of expiration of the permit.
D.
				Failure to timely file applications or submit application may constitute
				grounds for delaying consideration of the application or for denial of the
				application or imposition of a civil penalty.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2137 - Fingerprinting

Current through Register Vol. 50, No. 6, June 20, 2024
A. An initial
				application is not complete unless all persons required by the division have
				submitted to fingerprinting by or at the direction of the division.
B. Failure to submit to fingerprinting may
				constitute grounds for delaying consideration of the application or for denial
				of the application.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2139 - Application Filing Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				monies deposited by an applicant to defray the costs associated with the
				applicant investigation conducted by the division must be deposited into a
				designated state treasury fund.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2141 - Renewal Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Applications for renewal of a license or permit shall be made by way of forms
				prescribed by the board or division and shall contain all information requested
				by the board or division.
B. The
				renewal application shall contain a statement made, under oath, by the
				applicant that any and all changes in the history and financial information
				provided in the previous application have been disclosed. This statement shall
				also be provided by each officer or director, each person with a 5 percent or
				greater economic interest in the applicant, and any person who, in the opinion
				of the board or division, has the ability to exercise significant influence
				over the activities of the applicant.
C. Renewal applications shall further
				contain:
1. a list of all civil lawsuits to
				which the applicant is a party instituted since the previous
				application;
2. a current list of
				all stockholders of the applicant, if the applicant is a corporation, or a list
				of all partners, if applicant is a partnership or limited partnership, or a
				list of all members if the applicant is a limited liability company, or a list
				of persons with a 5 percent or greater economic interest in the applicant.
				Applicants who are publicly traded corporations need not provide this
				information for any shareholder owning less than 5 percent of the applicant
				unless requested by the board or division;
3. a list of all administrative actions
				instituted or pending in any other jurisdiction against or involving the
				applicant, parent company of the applicant, or an affiliate;
4. prior year's corporate or company tax
				return of the applicant;
5. a list
				of all charitable and political contributions made by the applicant during the
				last three years, indicating the recipient and amount contributed.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2144 - Multiple Licensing Criteria, Riverboat Only

Current through Register Vol. 50, No. 6, June 20, 2024
A. A person licensed as a riverboat gaming
				operator may apply for additional licenses. In all such cases, the board shall
				consider whether such multiple approval is in the best interest of the state of
				Louisiana, having due regard for the state's policy concerning economic
				development and gaming. In making this determination, the board may consider
				any index or criteria deemed to be relevant to the effect of multiple licenses
				upon the public health, safety, morals, good order and general welfare of the
				public of the state of Louisiana, including but not limited to the following
				factors:
1. the quality of the applicant's
				performance under the Act and regulations;
2. the adequacy of resources available to the
				applicant to undertake additional operations including, but not limited to,
				manpower, managerial and financial resources;
3. whether additional operations would
				jeopardize the stability of the existing operation; and
4. whether additional operations would be
				inimical to the economic development of the state.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2145 - Hearing to Consider Application ; Licensee

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to issuing a license, the board
				shall hold a public hearing to determine if the provisions of the Act have been
				met, and if issuance of a license to the applicant is in the best interest of
				the state and consistent with the intent of the legislature as expressed in the
				Act. The public hearing will be conducted in accordance with the provisions of
				the Act and these regulations.
1. The board
				will notify the applicant in writing of the date, time, and place of the public
				hearing to consider its application at least 20 days prior to said
				hearing.
2. The board may summon
				any person named in an application to appear and testify; and all such
				testimony shall be given under oath and may encompass any matter that the board
				deems relevant to the application. Failure of applicant to appear and testify
				fully at the time and place designated, unless excused by the board, is grounds
				for denial of the application. Any request by applicant for excuse of
				appearance shall be in writing and filed with the board at least five days
				prior to the scheduled appearance.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2146 - Subpoenas and Subpoenas Duces Tecum

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to the Act, the division's
				supervisor or the board shall have the authority to issue subpoenas to compel
				the attendance of witnesses or production of documents under the authority of
				the division or jurisdiction of the board.
B. For failure or refusal to comply with any
				subpoena issued by the board and duly served, the board may cite the subpoenaed
				party for contempt and may impose a fine as provided in the laws of the state
				of Louisiana. Such contempt citations and fines may be appealed to the
				Nineteenth Judicial District Court.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2151 - Applicant Refusal to Answer, Privilege

Current through Register Vol. 50, No. 6, June 20, 2024
A. An applicant or individual may claim any
				privilege afforded by the Constitution of the United States or of the state of
				Louisiana in refusing to provide information to, answer questions of, or
				cooperate in any investigation by the division or board.
B. Refusal to provide information to, answer
				questions of, or cooperate in any investigation by the division or board, or a
				claim of privilege with respect to any testimony or evidence, may constitute
				sufficient grounds for denial of the application.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2153 - Surrender of a License or Permit

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				license or permit may not be surrendered without the prior approval of the
				board or division.
B. If a request
				to surrender a license or permit is approved, the person is immediately
				eligible to apply for a license or permit, unless the board or division has
				placed a condition which the applicant shall have to fulfill in order to
				reapply.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2155 - Withdrawal of Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				request to withdraw an application shall be made in writing to the chairman or
				division supervisor at any time prior to issuance of the determination with
				respect to the application. The board or division may deny or grant the
				request.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2159 - Gaming Employee Permits Required, Temporary Permit

Current through Register Vol. 50, No. 6, June 20, 2024
A. No licensee or casino operator may employ
				an individual as a gaming employee unless such individual is the holder of a
				valid gaming employee permit issued by the board or division.
B. Prior to obtaining a key gaming employee
				permit, no person shall commence work or perform any duties as a key gaming
				employee or managerial employee without approval of the board.
C. The board or division may issue a
				temporary permit pending completion of investigation of an application for a
				gaming employee permit. If the division discovers grounds to recommend denial
				of the application, the employee shall immediately surrender his temporary
				permit to the division or a person designated by the division and cease working
				as a gaming employee. A temporary permit is not valid unless the applicant for
				the gaming employee permit agrees in writing to comply with the rules regarding
				temporary permits.
D. In the case
				of vacation, leave of absence, illness, resignation, termination or other
				planned or unplanned extended absence of a key gaming employee department head
				and upon written request made to the division or board and receipt of written
				approval by the division or board, a non-key gaming employee assistant director
				or manager may serve as head of the department for not more than 90 calendar
				days during one calendar year.
E. A
				gaming employee permit is not transferable.
F. A fee of $15 shall be paid to the division
				for any modifications of a permit.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2161 - Application for Gaming Employee Permit; Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. An application for a gaming employee
				permit shall be made on forms prescribed by the board or division and shall
				contain all information requested by the board or division. All applications
				are to contain a properly notarized oath wherein the applicant states that:
1. the information contained therein is true
				and correct;
2. the applicant has
				read the Act and these rules, and any other informational materials supplied by
				the division; and
3. the applicant
				agrees to comply with these rules and the Act.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2165 - Display of Gaming Identification Badge

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every gaming employee shall keep his
				gaming employee permit identification badge on his person and displayed at all
				times when on the licensed premises. The badge shall meet all requirements of
				the division.
B. With prior
				approval of the division, individual employees may be authorized to conceal
				their gaming employee identification badge. An employee authorized to conceal
				his gaming employee identification badge is responsible for producing his
				identification badge without delay if requested by the division.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 21 - Licenses and Permits › Section III-2169 - Additional Manufacturer and Gaming Supplier Permit Criteria

Current through Register Vol. 50, No. 6, June 20, 2024
A. The division
				shall determine whether manufacturer and gaming supplier applicants and/or
				permittees are legitimate ongoing businesses. In making such determination the
				division shall consider any or all of the following nonexclusive factors:
1. years in business providing goods and/or
				services procured by a licensee or casino operator;
2. number of employees;
3. total customer base;
4. dollar volume of all sales compared to
				sales to licensees;
5. existence
				and nature of warehouse and storage facilities;
6. existence and number of commercial
				delivery vehicles owned or leased;
7. existence and nature of business offices,
				equipment and facilities;
8.
				whether the goods and/or services provided to the licensee are brokered, and if
				so, whether the actual supplier distributes through brokers as a common
				business practice;
9. registration
				with and reporting to appropriate local, state and federal authorities, as
				applicable.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 23 - Compliance, Inspections and Investigations › Section III-2301 - Applicability and Resources

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				Chapter is applicable to inspections and investigations relative to compliance
				with the Act and the rules. The board and division are empowered to employ such
				personnel as may be necessary for such inspections and
				investigations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 23 - Compliance, Inspections and Investigations › Section III-2303 - Inspections and Observations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board or division shall conduct inspections and investigations relative to
				compliance with the Act and these rules.
B. The board, the division and their
				representatives shall have complete, immediate and unrestricted access at all
				times and without notice or demand to a licensee, casino operator, permittee or
				any other person, to enter and:
1. inspect
				the entire casino and its ancillary facilities, including all restricted
				areas;
2. inspect the premises
				where gaming devices and gaming equipment are stored, manufactured, sold or
				distributed;
3. inspect any gaming
				device or gaming equipment;
4.
				observe the conduct of any gaming activity; or
5. observe the transportation and count of
				each of the following: electronic gaming device drop, all table game drops, tip
				box and slot drops, slot fills, fills and credits for table games, and any
				other implemented internal control procedure(s).
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 23 - Compliance, Inspections and Investigations › Section III-2305 - Inspections during Construction

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The division may inspect a riverboat and dockside facility, the landbased
				gaming facility or an eligible facility during construction.
B. Upon presentation of identification, the
				division shall be given immediate access to any place where construction of a
				casino or any of its component parts is underway.
C. The division shall ensure that the casino
				complies with the plans and specifications and any applicable change orders. If
				the division determines an event of noncompliance occurred, a report shall be
				prepared describing the noncompliance and forwarded to the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 23 - Compliance, Inspections and Investigations › Section III-2306 - Inspections of Persons Furnishing Services or Property or Doing Business with a Licensee

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board,
				the division and their representatives shall have the right to inspect the
				physical property and buildings, all books and records and all computer
				programs, files and disks of any permittee transacting business or providing
				services or property to a licensee or casino operator. This right of inspection
				covers all persons regardless of the amount of business conducted with a
				licensee.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 23 - Compliance, Inspections and Investigations › Section III-2307 - Investigations

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				investigations of any possible violations of the Act or of the rules by an
				applicant, licensee, casino operator or permittee may or may not be made known
				to the applicant, licensee, casino operator or permittee before being
				completed.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 23 - Compliance, Inspections and Investigations › Section III-2309 - Investigative Powers of the Board and Division

Current through Register Vol. 50, No. 6, June 20, 2024
A. In conducting an investigation or
				inspection, the board and division are empowered to:
1. inspect and examine the entire premises
				wherein gaming activities are conducted or proposed to be conducted, wherein
				gaming devices, gaming equipment or gaming supplies are maintained or repaired,
				and wherein all papers, books, records, documents and electronically stored
				media are maintained;
2. summarily
				seize and remove gaming equipment and devices from such premises and impound
				any equipment for the purpose of examination and inspection;
3. have access to inspect, examine, photocopy
				and, if necessary seize all papers, books, records, documents, information and
				electronically stored media of an applicant, licensee, casino operator or
				permittee pertaining to the licensed or permitted operation or activity, on all
				premises where such information is maintained;
4. review all papers, books, records, and
				documents pertaining to the licensed or permitted operation;
5. conduct audits to determine compliance
				with all gaming laws and rules on gaming activities and operations under the
				board or division's jurisdiction;
6. issue subpoenas in connection with any
				investigation conducted by the board or division;
7. issue written interrogatories;
				and
8. conduct depositions,
				interviews, and obtain formal statements.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 23 - Compliance, Inspections and Investigations › Section III-2310 - Licensee or Permittee Refusal to Answer: Privilege

Current through Register Vol. 50, No. 6, June 20, 2024
A. A licensee, casino operator, permittee or
				individual may claim any privilege afforded by the Constitution of the United
				States or of the state of Louisiana in refusing to provide information to,
				answer questions of, or cooperate in any investigation by the division or
				board.
B. Refusal to provide
				information to, answer questions of, or cooperate in any investigation by the
				division or board or a claim of privilege with respect to any testimony or
				evidence may constitute sufficient grounds for administrative action against a
				licensee casino operator, permittee or individual.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 23 - Compliance, Inspections and Investigations › Section III-2311 - Seizure and Removal of Gaming Equipment and Devices

Current through Register Vol. 50, No. 6, June 20, 2024
A. Gaming equipment, devices and/or
				associated equipment may be summarily seized by the division. Whenever the
				division seizes and removes gaming equipment, devices and/or associated
				equipment:
1. an inventory of the gaming
				equipment, devices and/or associated equipment seized will be made by the
				division, identifying all such gaming equipment, devices and/or associated
				equipment as to make, model, serial number, type, and such other information as
				may be necessary for authentication and identification;
2. all such gaming equipment, devices and/or
				associated equipment will be sealed or by other means made secure from
				tampering or alteration;
3. the
				time and place of the seizure will be recorded; and
4. a copy of the inventory of the seized
				gaming equipment, devices and/or associated equipment will be provided to the
				licensee, casino operator or permittee.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 23 - Compliance, Inspections and Investigations › Section III-2315 - Seized Equipment and Devices as Evidence

Current through Register Vol. 50, No. 6, June 20, 2024
A. All gaming equipment, devices and/or
				associated equipment seized by the division shall be considered evidence, and
				as such shall be subject to the laws of Louisiana governing chain of custody,
				preservation and return, except that:
1. any
				article of property that constitutes a cheating device shall not be returned.
				All cheating devices shall become the property of the division upon their
				seizure and may be disposed of by the division, which disposition shall be
				documented as to date and manner of disposal;
2. if the property is not characterized as a
				cheating device, such property may be returned to the claimant;
3. items seized for inspection or examination
				may be returned by the division without a court order.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 23 - Compliance, Inspections and Investigations › Section III-2317 - Subpoenas in Connection with Investigative Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board or division supervisor has full
				power and authority to issue subpoenas to compel the attendance of witnesses
				and the production of documents in accordance with the Act and these rules for
				investigative hearings at any place within the state, and to administer oaths
				and require testimony under oath. Any such subpoena issued by the board or
				division supervisor will be served in a manner consistent with the service of
				process and notices in civil actions.
B. For failure or refusal to comply with any
				subpoena issued by the board or division and duly served, the board or division
				may cite the subpoenaed party for contempt and may impose a fine as provided in
				the laws of the state of Louisiana. Such contempt citations and fines may be
				appealed to the Nineteenth Judicial District Court.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 23 - Compliance, Inspections and Investigations › Section III-2319 - Refusal to Answer, Privilege

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				person may claim any privilege afforded by the Constitution of the United
				States or of the state of Louisiana in refusing to provide information to,
				answer questions of, or cooperate in any investigation by the division or
				board.
B. Refusal to provide
				information to, answer questions of, or cooperate in any investigation by the
				division or board, or a claim of privilege with respect to any testimony or
				evidence, may constitute sufficient grounds for administrative
				action.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 23 - Compliance, Inspections and Investigations › Section III-2321 - Investigative Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Investigative hearings may be conducted by the board at such times and places
				as may be convenient to the board. Investigative hearings may be conducted in
				private at the discretion of the board. A transcript of the hearing shall be
				made by a licensed court reporter.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 23 - Compliance, Inspections and Investigations › Section III-2323 - Interrogatories

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				interrogatories propounded by the board or the division shall be in writing and
				shall be served in the manner consistent with the service of process in civil
				actions. The respondent is entitled to 15 days within which to
				respond.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 23 - Compliance, Inspections and Investigations › Section III-2325 - Administrative Actions and Penalty Schedule

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board or division may initiate
				administrative action authorized by the Act for any violation of the Act or of
				the rules after notice of the proposed administrative action and after
				opportunity to request a hearing before the board.
B. The board or division may initiate
				administrative action authorized by the Act for any violation of any condition,
				restriction, or limitation imposed by the board on a license or
				permit.
C. The board or division
				may initiate administrative action authorized by the Act for violation of a
				licensee's or casino operator's internal controls as approved by the
				division.
D. Subject to the rights
				in the casino operating contract, administrative action includes revocation,
				suspension, finding of unsuitability, or conditioning of a license or permit,
				imposition of a civil penalty or such other costs as the board or division
				deems appropriate. The board or division may determine the appropriate sanction
				considering factors contained in the Act including, but not limited to:
1. the risk to the public and the integrity
				of gaming operations created by the conduct;
2. the seriousness of the conduct and whether
				the conduct was purposeful and with knowledge that the conduct was in violation
				of the Act or rules promulgated in accordance with the Act;
3. a justification or excuse for the
				conduct;
4. the history of the
				licensee, casino operator or permittee with respect to gaming
				activity;
5. the corrective action
				taken to prevent similar misconduct from occurring in the future;
6. whether there was any material
				involvement, directly or indirectly, with the licensee, casino operator or
				permittee by a disqualified person as defined in the Act; and
7. in the case of a civil penalty or fine,
				the amount of the fine in relation to the severity of the misconduct and the
				financial means of the licensee, casino operator or permittee
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 23 - Compliance, Inspections and Investigations › Section III-2327 - Proof of Compliance

Current through Register Vol. 50, No. 6, June 20, 2024
A. If a
				licensee, casino operator or permittee is notified by the division of a
				possible violation of the Act or the rules, the licensee, casino operator or
				permittee may submit proof of compliance with the Act and rules within 10 days
				of receipt of the notification.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 23 - Compliance, Inspections and Investigations › Section III-2329 - Notification of Supplier Recommendations or Solicitations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The casino operator and all licensees
				shall file a written report with the division on the twentieth day of the
				following month providing the name, address, and telephone number of any person
				who recommends to, or solicits through any agent, employee, or representative
				who has authority to contract for the licensee or casino operator, for the
				purchase of goods or services from a particular supplier during the month. The
				licensee and casino operator shall also report the name, address, and telephone
				number of the recommended supplier to the division at the same time. This
				provision shall only apply to the solicitation or purchase of goods or services
				with a value in excess of $10,000. This provision shall not apply to any
				recommendations made to the licensee or casino operator for the hiring of
				employees working in the day-to-day operations of the casino.
B. The licensee or casino operator shall also
				report any recommendation or solicitation received under circumstances in which
				a reasonable person would perceive there to be pressure, intimidation of any
				kind or other conduct not customary in an ordinary business
				transaction.
C. Supplier, for the
				purposes of this Section, shall include, but is not limited to, any
				manufacturer, distributor, gaming supplier, non-gaming supplier, junket
				representative, professional, independent contractor, consultant, or other
				person in the business of providing goods and services regardless of whether
				required to be licensed, permitted, or registered.
D. If no recommendations or solicitations
				have occurred during a month, a report shall not be submitted for that
				period.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 24 - Relocation of Gaming Operations › Section III-2401 - Relocation of Gaming Operations to a Facility, Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior Approval
1. Prior written approval of the board is
				required to relocate gaming operations to a facility in accordance with
				R.S.
				27:44(24)(e) and
				R.S.
				27:67.
2. Failure to obtain approval from the board
				prior to relocating gaming operations to a facility may be grounds for
				administrative action against a licensee.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 25 - Transfers of Interest in the Casino Operator, Licensees, and Permittees; Loans and Restrictions › Section III-2501 - Transfers of Interest, General

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The transfer of a license, permit or an application for a license or permit is
				prohibited.
B. No person shall
				transfer any interest of any sort whatsoever in a licensee, permittee, casino
				operator or casino manager, or foreclose on a security interest in a licensee,
				permittee, casino operator or casino manager, or enter into or create a voting
				trust agreement or any agreement of any sort in connection with any licensee,
				permittee, casino operator or casino manager except in accordance with the Act
				and rules.
C. The following
				definitions shall apply to transfers of interest.
Acquire Control
or
Change of
				  Control
-any act or conduct by a person whereby he obtains control,
				  whether accomplished through the ownership of equity or voting securities,
				  ownership of rights to acquire equity or voting securities, by management or
				  consulting agreements or other contract, by proxy or power of attorney, by
				  merger, consummation of tender offer, acquisition of assets, or otherwise. Any
				  acquisition by a person or group of persons acting in concert of more than 20
				  percent ownership or economic interest shall be considered a change of
				  control.
Control
-the possession, directly or
				  indirectly, of the power to direct or cause the direction of the management and
				  policies of a person.
Economic Interest
-same meaning as in
				  §1701
Ownership Interest
-owning shares or
				  securities issued by a corporation, being a partner in any kind of partnership,
				  being a member of a limited liability company, or owning or possessing any
				  interest in any other kind of legal entity.
Transfer-
to alienate, assign, acquire,
				  bequeath, bestow, cede, convey, dispose of, divest, donate, lease, purchase or
				  sell.
D. No person shall
				transfer any interest in a licensee, permittee, casino operator or casino
				manager to any person acting as an agent, trustee or in any other
				representative capacity for or on behalf of another person without having first
				fully disclosed all facts pertaining to such transfer and representation to the
				board and division. No person acting in such representative capacity shall hold
				or acquire any such interest or so invest or participate without having first
				fully disclosed all facts pertaining to such representation to the board and
				division and having obtained approval of the board or division.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  27:15 and
				  24.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 25 - Transfers of Interest in the Casino Operator, Licensees, and Permittees; Loans and Restrictions › Section III-2502 - Transfer of Interest; Prior Approval

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as otherwise provided in this
				Chapter, the transfer of the following interests shall receive prior written
				approval of the board or division:
1. other
				than the transfer of securities in a publicly traded corporation, an ownership
				or economic interest of 5 percent or more in a licensee, permittee, casino
				operator or casino manager;
2.
				other than the transfer of securities in a publicly traded corporation, an
				ownership or economic interest of 5 percent or more in any person required to
				meet the qualification and suitability requirements of the Act;
3. a transaction that results in a change of
				control of a licensee, permittee, casino operator or casino manager;
				or
4. a transaction in which a
				person acquires control of a licensee, permittee, casino operator or casino
				manager.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 25 - Transfers of Interest in the Casino Operator, Licensees, and Permittees; Loans and Restrictions › Section III-2503 - Procedure for Proposed Transfer; Prior Approval

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person seeking prior approval of a
				transfer of interest as required by this Chapter shall make application to the
				board or division. The application shall include:
1. all application forms, including personal
				history forms, required by the board or division;
2. all documents which evince the transfer of
				interest including any financing arrangements, if applicable;
3. all documents which evince any side
				agreements or related agreements regarding the transfer of interest;
				and
4. all other documents the
				division deems necessary for a full and complete investigation and evaluation
				of the proposed transferee's qualifications and suitability to hold the
				interest to be transferred.
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part III - Gaming Control Board › Chapter 25 - Transfers of Interest in the Casino Operator, Licensees, and Permittees; Loans and Restrictions › Section III-2504 - Transfer of Interest; Among Owners and Affiliates

Current through Register Vol. 50, No. 6, June 20, 2024
A. The transfer of an interest in a licensee,
				permittee, casino operator or casino manager to a person who then holds an
				interest in, or is an affiliate of, such licensee, permittee, casino operator
				or casino manager and who has previously been determined qualified and suitable
				in accordance with the Act and rules does not require prior approval of the
				board or division.
B. At least 30
				days prior to consummation, the parties shall provide written notice of the
				transfer to the board or division. The notice shall contain the name and
				addresses of the parties, the extent of the interest transferred and the
				consideration provided for the transfer. The notice shall also include the
				following as attachments:
1. a sworn statement
				from the transferee explaining and identifying the source of funds used in
				acquiring the interest, if any, and attesting that the transferee continues to
				meet all qualification and suitability requirements of the Act and
				rules;
2. a copy of all documents
				which evince the transfer including any financing arrangements;
3. a copy of all documents which evince any
				side agreements or related agreements regarding the transfer; and
4. any other documents the board or division
				may deem necessary.