313.812. Number of licenses granted in city or county, commission to determine, limits--city or county may submit plan, recommendations--conditions of operator license--boats, requirements--felons not - Missouri Statutes

Number of licenses granted in city or county, commission to determine,limits--city or county may submit plan, recommendations--conditions ofoperator license--boats, requirements--felons not eligible forlicense, exception--local option, boats may only be locked after voterapproval, ballot, prior election, effect of--licensees may bedisciplined, when.

313.812. 1. The commission may issue licenses pursuant to subsection1 of section 313.807 when it is satisfied that the applicant has compliedwith all rules and regulations, including an update of all informationprovided to the commission in the licensee's initial application. Thecommission shall decide the number, location and type of excursion gamblingboat in a city or county under subsection 10 of this section. The licenseshall set forth the name of the licensee, the type of license granted, theplace where the excursion gambling boat will operate and dock, includingthe docking of an excursion gambling boat which is continuously docked, andother information the commission deems appropriate. The commission shallhave the ultimate responsibility of deciding the number, location, and typeof excursion gambling boats licensed in a city or county; however, any cityor county which has complied with the provisions of subsection 10 of thissection shall submit to the commission a plan outlining the following:

(1) The recommended number of licensed excursion gambling boatsoperating in such city or county;

(2) The recommended licensee or licensees operating in such city orcounty;

(3) The community's economic development or impact and affirmativeaction plan concerning minorities' and women's ownership, contracting andemployment for the waterfront development;

(4) The city or county proposed sharing of revenue with any othermunicipality;

(5) Any other information such city or county deems necessary; and

(6) Any other information the commission may determine is necessary.

The commission shall provide for due dates for receiving such plan from thecity or county.

2. A license to operate an excursion gambling boat shall only begranted to an applicant upon the express conditions that:

(1) The applicant shall not, by a lease, contract, understanding, orarrangement of any kind, grant, assign, or turn over to a person theoperation of an excursion gambling boat licensed under this section or ofthe system of wagering described in section 313.817. This section does notprohibit a management contract with a person licensed by the commission;and

(2) The applicant shall not in any manner permit a person other thanthe licensee and the management licensee to have a share, percentage, orproportion of the money received for admissions to the excursion gamblingboat.

3. The commission shall require, as a condition of granting alicense, that an applicant operate an excursion gambling boat which, asnearly as practicable, resembles or is a part of Missouri's or the homedock city's or county's riverboat history.

4. The commission shall encourage through its rules and regulationsthe use of Missouri resources, goods and services in the operation of anyexcursion gambling boat.

5. The excursion gambling boat shall provide for nongaming areas,food service and a Missouri theme gift shop. The amount of space used forgaming shall be determined in accordance with all rules and regulations ofthe commission and the United States Coast Guard safety regulations.

6. A license to operate gambling games or to operate an excursiongambling boat shall not be granted unless the applicant has, through clearand convincing evidence, demonstrated financial responsibility sufficientto meet adequately the requirements of the proposed enterprise.

7. Each applicant shall establish by clear and convincing evidenceits fitness to be licensed. Without limitation, the commission may deny alicense based solely on the fact that there is evidence that any of thefollowing apply:

(1) The applicant has been suspended from operating an excursiongambling boat or a game of chance or gambling operation in anotherjurisdiction by a board or commission of that jurisdiction;

(2) The applicant is not the true owner of the enterprise proposed;

(3) The applicant is not the sole owner, and other persons haveownership in the enterprise, which fact has not been disclosed;

(4) The applicant is a corporation that is not publicly traded andten percent or more of the stock of the corporation is subject to acontract or option to purchase at any time during the period for which thelicense is to be issued unless the contract or option was disclosed to thecommission and the commission approved the sale or transfer during theperiod of the license;

(5) The applicant has knowingly made a false statement of a materialfact to the commission; or

(6) The applicant has failed to meet a valid, bona fide monetaryobligation in connection with an excursion gambling boat.

8. A license shall not be granted if the applicant has notestablished his good repute and moral character or if the applicant haspled guilty to, or has been convicted of, a felony. No licensee shallemploy or contract with any person who has pled guilty to, or has beenconvicted of, a felony to perform any duties directly connected with thelicensee's privileges under a license granted pursuant to this section,except that employees performing nongaming related occupations asdetermined by the commission shall be exempt from the requirements of thissubsection.

9. A licensee shall not lend to any person money or any other thingof value for the purpose of permitting that person to wager on any gamblinggame authorized by law. This does not prohibit credit card or debit cardtransactions or cashing of checks. Any check cashed must be depositedwithin twenty-four hours. The commission may require licensees to verify asufficient account balance exists before cashing any check. Any licenseewho violates the provisions of this subsection shall be subject to anadministrative penalty of five thousand dollars for each violation. Suchadministrative penalties shall be assessed and collected by the commission.

10. Gambling excursions including the operation of gambling games onan excursion gambling boat which is not continuously docked shall beallowed only on the Mississippi River and the Missouri River. No licenseto conduct gambling games on an excursion gambling boat in a city or countyshall be issued unless and until the qualified voters of the city or countyapprove such activities pursuant to this subsection. The question shall besubmitted to the qualified voters of the city or county at a general,primary or special election upon the motion of the governing body of thecity or county or upon the petition of fifteen percent of the qualifiedvoters of the city or county determined on the basis of the number of votescast for governor in the city or county at the last election held prior tothe filing of the petition. The question shall be submitted insubstantially the following form:

Shall the City (County) of ..................... allow the licensingof excursion gambling boats or floating facilities as now or hereafterprovided by Missouri gaming law in the city (county)?

â ã YES â ã NO

If a majority of the votes cast on the question by the qualified votersvoting thereon are in favor of the question, then the commission maylicense excursion gambling boats in that city or county and such boats mayoperate on the Mississippi River and the Missouri River. If a majority ofthe votes cast on the question by the qualified voters voting thereon areopposed to the question, then the commission shall not license suchexcursion gambling boats in such city or county unless and until thequestion is again submitted to and approved by a majority of the qualifiedvoters of the city or county at a later election.

Excursion gambling boats may only dock in a city or unincorporated area ofa county which approves licensing of such excursion gambling boats pursuantto this subsection, but gambling operations may be conducted at any pointon the Mississippi River or the Missouri River during an excursion. Thosecities and counties which have approved by election pursuant to thissubsection, except those cities or counties which have subsequentlyrejected by election, the licensing of any type of excursion gambling boatsin the city or county prior to April 6, 1994, are exempt from any localelection requirement of this section as such previous election shall havethe same effect as if held after May 20, 1994.

11. If a docking fee is charged by a city or a county, a licenseeoperating an excursion gambling boat shall pay the docking fee prior to thestart of the excursion season.

12. Any licensee shall not be delinquent in the payment of propertytaxes or other taxes or fees or in the payment of any other contractualobligation or debt due or owed to the state or a political subdivision ofthe state.

13. An excursion gambling boat licensed by the state shall meet allof the requirements of chapter 306, RSMo, and is subject to an inspectionof its sanitary facilities to protect the environment and water quality bythe commission or its designee before a license to operate an excursiongambling boat is issued by the commission. Licensed excursion gamblingboats shall also be subject to such inspections during the period of thelicense as may be deemed necessary by the commission. The cost of suchinspections shall be paid by the licensee.

14. A holder of any license shall be subject to imposition ofpenalties, suspension or revocation of such license, or if the person is anapplicant for licensure, the denial of the application, for any act orfailure to act by himself or his agents or employees, that is injurious tothe public health, safety, morals, good order and general welfare of thepeople of the state of Missouri, or that would discredit or tend todiscredit the Missouri gaming industry or the state of Missouri unless thelicensee proves by clear and convincing evidence that it is not guilty ofsuch action. The commission shall take appropriate action against anylicensee who violates the law or the rules and regulations of thecommission. Without limiting other provisions of this subsection, thefollowing acts or omissions may be grounds for such discipline:

(1) Failing to comply with or make provision for compliance withsections 313.800 to 313.850, the rules and regulations of the commission orany federal, state or local law or regulation;

(2) Failing to comply with any rule, order or ruling of thecommission or its agents pertaining to gaming;

(3) Receiving goods or services from a person or business entity whodoes not hold a supplier's license but who is required to hold such licenseby the provisions of sections 313.800 to 313.850 or the rules andregulations of the commission;

(4) Being suspended or ruled ineligible or having a license revokedor suspended in any state of gaming jurisdiction;

(5) Associating with, either socially or in business affairs, oremploying persons of notorious or unsavory reputation or who have extensivepolice records, or who have failed to cooperate with any officiallyconstituted investigatory or administrative body and would adversely affectpublic confidence and trust in gaming;

(6) Employing in any gambling games' operation or any excursiongambling boat operation, any person known to have been found guilty ofcheating or using any improper device in connection with any gambling game;

(7) Use of fraud, deception, misrepresentation or bribery in securingany permit or license issued pursuant to sections 313.800 to 313.850;

(8) Obtaining or attempting to obtain any fee, charge, or othercompensation by fraud, deception, or misrepresentation;

(9) Incompetence, misconduct, gross negligence, fraud,misrepresentation or dishonesty in the performance of the functions orduties regulated by sections 313.800 to 313.850.

(L. 1991 H.B. 149 § 6 Adopted by Referendum, Proposition A, November 3, 1992, A.L. 1993 S.B. 10 & 11 § 6, A.L. 1994 S.B. 740, A.L. 2000 S.B. 902)

(1995) Section does not expressly or implicitly prohibit a second local option election on riverboat gambling after a prior affirmative election, therefore, section does not preclude a subsequent local option election after a prior affirmative election. Craighead v. City of Jefferson, 898 S.W.2d 543 (Mo. en banc).

(1998) Statute permits the commission to impose sanctions for failure of the license holder to comply with any state law. Riverside Joint Venture v. Missouri Gaming Commission, 969 S.W.2d 218 (Mo.banc).