313.805. Powers of commission--boats to cruise, exceptions. - Missouri Statutes

Powers of commission--boats to cruise, exceptions.

313.805. The commission shall have full jurisdiction over and shallsupervise all gambling operations governed by sections 313.800 to 313.850.The commission shall have the following powers and shall promulgate rules andregulations to implement sections 313.800 to 313.850:

(1) To investigate applicants and determine the priority and eligibilityof applicants for a license and to select among competing applicants for alicense the applicant which best serves the interests of the citizens ofMissouri;

(2) To license the operators of excursion gambling boats and operatorsof gambling games within such boats, to identify occupations within theexcursion gambling boat operations which require licensing, and adoptstandards for licensing the occupations including establishing fees for theoccupational licenses and to license suppliers;

(3) To adopt standards under which all excursion gambling boatoperations shall be held and standards for the facilities within which thegambling operations are to be held. Notwithstanding the provisions of chapter311, RSMo, to the contrary, the commission may authorize the operation ofgambling games on an excursion gambling boat which is also licensed to sell orserve alcoholic beverages, wine, or beer. The commission shall regulate thewagering structure for gambling excursions, provided that the commission shallnot establish any regulations or policies that limit the amount of wagers,losses, or buy-in amounts;

(4) To enter the premises of excursion gambling boats, facilities, orother places of business of a licensee within this state to determinecompliance with sections 313.800 to 313.850;

(5) To investigate alleged violations of sections 313.800 to 313.850 orthe commission rules, orders, or final decisions;

(6) To assess any appropriate administrative penalty against a licensee,including, but not limited to, suspension, revocation, and penalties of anamount as determined by the commission up to three times the highest dailyamount of gross receipts derived from wagering on the gambling games, whetherunauthorized or authorized, conducted during the previous twelve months aswell as confiscation and forfeiture of all gambling game equipment used in theconduct of unauthorized gambling games. Forfeitures pursuant to this sectionshall be enforced as provided in sections 513.600 to 513.645, RSMo;

(7) To require a licensee, an employee of a licensee or holder of anoccupational license to remove a person violating a provision of sections313.800 to 313.850 or the commission rules, orders, or final orders, or otherperson deemed to be undesirable from the excursion gambling boat or adjacentfacilities;

(8) To require the removal from the premises of a licensee, an employeeof a licensee, or a holder of an occupational license for a violation ofsections 313.800 to 313.850 or a commission rule or engaging in a fraudulentpractice;

(9) To require all licensees to file all financial reports required byrules and regulations of the commission;

(10) To issue subpoenas for the attendance of witnesses and subpoenasduces tecum for the production of books, records, and other pertinentdocuments, and to administer oaths and affirmations to the witnesses, when, inthe judgment of the commission, it is necessary to enforce sections 313.800 to313.850 or the commission rules;

(11) To keep accurate and complete records of its proceedings and tocertify the records as may be appropriate;

(12) To ensure that the gambling games are conducted fairly. Nogambling device shall be set to pay out less than eighty percent of allwagers;

(13) To require all licensees of gambling game operations to use acashless wagering system whereby all players' money is converted to physicalor electronic tokens, electronic cards, or chips which only can be used forwagering on the excursion gambling boat;

(14) To require excursion gambling boat licensees to develop a system,approved by the commission, that allows patrons the option to prohibit theexcursion gambling boat licensee from using identifying information formarketing purposes. The provisions of this subdivision shall apply only topatrons giving identifying information for the first time. Such system shallbe submitted to the commission by October 1, 2000, and approved by thecommission by January 1, 2001. The excursion gambling boat licensee shall useidentifying information obtained from patrons who have elected to havemarketing blocked under the provisions of this section only for the purposesof enforcing the requirements contained in sections 313.800 to 313.850. Thissection shall not prohibit the commission from accessing identifyinginformation for the purposes of enforcing section 313.004 and sections 313.800to 313.850;

(15) To determine which of the authorized gambling games will bepermitted on any licensed excursion gambling boat;

(16) Excursion gambling boats shall cruise, unless the commission findsthat the best interest of Missouri and the safety of the public indicate theneed for continuous docking of the excursion gambling boat in any city orcounty authorized pursuant to subsection 10 of section 313.812. Thecommission shall base its decision to allow continuously docked excursiongambling boats on any of the following criteria: the docking location or theexcursion cruise could cause danger to the boat's passengers, violate federallaw or the law of another state, or cause disruption of interstate commerce orpossible interference with railway or barge transportation. In addition, thecommission shall consider economic feasibility or impact that would benefitland-based development and permanent job creation. The commission shall notdiscriminate among applicants for continuous-docking excursion gambling thatare similarly situated with respect to the criteria set forth in this section;

(17) The commission shall render a finding concerning the possibility ofcontinuous docking, as described in subdivision (15) of this section, withinthirty days after a hearing on any request from an applicant or licensee.Such hearing may be held prior to any final action on licensing to assist anapplicant and any city or county in the finalizing of their economicdevelopment plan;

(18) To require any applicant for a license or renewal of a license tooperate an excursion gambling boat to provide an affirmative action plan whichhas as its goal the use of best efforts to achieve maximum employment ofAfrican-Americans and other minorities and maximum participation in theprocurement of contractual purchases of goods and services. This provisionshall be administered in accordance with all federal and state employmentlaws, including Title VII of the Civil Rights Act of 1964, as amended by theCivil Rights Act of 1991. At license renewal, the licensee will report on theeffectiveness of the plan. The commission shall include the licensee'sreported information in its annual report to the joint committee on gaming andwagering;

(19) To take any other action as may be reasonable or appropriate toenforce sections 313.800 to 313.850 and the commission rules.

(L. 1991 H.B. 149 § 3 Adopted by Referendum, Proposition A, November 3, 1992, A.L. 1993 S.B. 10 & 11 § 3, A.L. 1994 S.B. 740, A.L. 2000 S.B. 902, A.L. 2008 Adopted by Initiative, Proposition A, November 4, 2008)

Effective 11-04-08