313.800. Definitions--additional games of skill, commission approval, procedures. - Missouri Statutes

Definitions--additional games of skill, commission approval,procedures.

313.800. 1. As used in sections 313.800 to 313.850, unless thecontext clearly requires otherwise, the following terms mean:

(1) "Adjusted gross receipts", the gross receipts from licensedgambling games and devices less winnings paid to wagerers;

(2) "Applicant", any person applying for a license authorized underthe provisions of sections 313.800 to 313.850;

(3) "Bank", the elevations of ground which confine the waters of theMississippi or Missouri Rivers at the ordinary high water mark as definedby common law;

(4) "Capital, cultural, and special law enforcement purposeexpenditures" shall include any disbursement, including disbursements forprincipal, interest, and costs of issuance and trustee administrationrelated to any indebtedness, for the acquisition of land, landimprovements, buildings and building improvements, vehicles, machinery,equipment, works of art, intersections, signing, signalization, parkinglot, bus stop, station, garage, terminal, hanger, shelter, dock, wharf,rest area, river port, airport, light rail, railroad, other mass transit,pedestrian shopping malls and plazas, parks, lawns, trees, and otherlandscape, convention center, roads, traffic control devices, sidewalks,alleys, ramps, tunnels, overpasses and underpasses, utilities, streetscape,lighting, trash receptacles, marquees, paintings, murals, fountains,sculptures, water and sewer systems, dams, drainage systems, creek bankrestoration, any asset with a useful life greater than one year, culturalevents, and any expenditure related to a law enforcement officer deployedas horse-mounted patrol, school resource or drug awareness resistanceeducation (D.A.R.E) officer;

(5) "Cheat", to alter the selection of criteria which determine theresult of a gambling game or the amount or frequency of payment in agambling game;

(6) "Commission", the Missouri gaming commission;

(7) "Dock", the location in a city or county authorized undersubsection 10 of section 313.812 which contains any natural or artificialspace, inlet, hollow, or basin, in or adjacent to a bank of the Mississippior Missouri Rivers, next to a wharf or landing devoted to the embarking ofpassengers on and disembarking of passengers from a gambling excursion butshall not include any artificial space created after May 20, 1994, and islocated more than one thousand feet from the closest edge of the mainchannel of the river as established by the United States Army Corps ofEngineers;

(8) "Excursion gambling boat", a boat, ferry or other floatingfacility licensed by the commission on which gambling games are allowed;

(9) "Fiscal year" shall for the purposes of subsections 3 and 4 ofsection 313.820 mean the fiscal year of a home dock city or county;

(10) "Floating facility", any facility built or originally built as aboat, ferry or barge licensed by the commission on which gambling games areallowed;

(11) "Gambling excursion", the time during which gambling games maybe operated on an excursion gambling boat whether docked or during acruise;

(12) "Gambling game" includes, but is not limited to, games of skillor games of chance on an excursion gambling boat but does not includegambling on sporting events; provided such games of chance are approved byamendment to the Missouri Constitution;

(13) "Games of chance", any gambling game in which the player'sexpected return is not favorably increased by his or her reason, foresight,dexterity, sagacity, design, information or strategy;

(14) "Games of skill", any gambling game in which there is anopportunity for the player to use his or her reason, foresight, dexterity,sagacity, design, information or strategy to favorably increase theplayer's expected return; including, but not limited to, the gambling gamesknown as "poker", "blackjack" (twenty-one), "craps", "Caribbean stud", "paigow poker", "Texas hold'em", "double down stud", and any videorepresentation of such games;

(15) "Gross receipts", the total sums wagered by patrons of licensedgambling games;

(16) "Holder of occupational license", a person licensed by thecommission to perform an occupation within excursion gambling boatoperations which the commission has identified as requiring a license;

(17) "Licensee", any person licensed under sections 313.800 to313.850;

(18) "Mississippi River" and "Missouri River", the water, bed andbanks of those rivers, including any space filled by the water of thoserivers for docking purposes in a manner approved by the commission butshall not include any artificial space created after May 20, 1994, and islocated more than one thousand feet from the closest edge of the mainchannel of the river as established by the United States Army Corps ofEngineers;

(19) "Supplier", a person who sells or leases gambling equipment andgambling supplies to any licensee.

2. In addition to the games of skill referred to in subdivision (14)of subsection 1 of this section, the commission may approve other games ofskill upon receiving a petition requesting approval of a gambling game fromany applicant or licensee. The commission may set the matter for hearingby serving the applicant or licensee with written notice of the time andplace of the hearing not less than five days prior to the date of thehearing and posting a public notice at each commission office. Thecommission shall require the applicant or licensee to pay the cost ofplacing a notice in a newspaper of general circulation in the applicant'sor licensee's home dock city or county. The burden of proof that thegambling game is a game of skill is at all times on the petitioner. Thepetitioner shall have the affirmative responsibility of establishing his orher case by a preponderance of evidence including:

(1) Is it in the best interest of gaming to allow the game; and

(2) Is the gambling game a game of chance or a game of skill?

All testimony shall be given under oath or affirmation. Any citizen ofthis state shall have the opportunity to testify on the merits of thepetition. The commission may subpoena witnesses to offer expert testimony.Upon conclusion of the hearing, the commission shall evaluate the record ofthe hearing and issue written findings of fact that shall be basedexclusively on the evidence and on matters officially noticed. Thecommission shall then render a written decision on the merits which shallcontain findings of fact, conclusions of law and a final commission order.The final commission order shall be within thirty days of the hearing.Copies of the final commission order shall be served on the petitioner bycertified or overnight express mail, postage prepaid, or by personaldelivery.

(L. 1991 H.B. 149 § 1 Adopted by Referendum, Proposition A, November 3, 1992, A.L. 1993 S.B. 10 & 11 § 1, A.L. 1994 S.B. 740, A.L. 2005 H.B. 58 merged with H.B. 186 merged with S.B. 272)

(1994) Bingo, keno, numbers tickets, pull tabs, jar tickets, push cards and punch-boards either fall within definition of lottery or have no element of skill as demonstrated by their similarity to lottery games and are lotteries within meaning of Art. III, Sec. 39 (9), Mo. Const. Twenty-one and poker are not lotteries within the meaning of constitution. Case is remanded for determination whether slot machines, video slot machines, baccarat, craps, roulette wheel, klondike table, faro layout and video games of chance are games of pure chance or if there is an element of skill in game. Harris v. Missouri Gaming Commission, 869 S.W.2d 58 (Mo. en banc).