La. Admin. Code tit. 42 § III-2901

Current through Register Vol. 50, No. 6, June 20, 2024

Section III-2901 - Code of Conduct of Licensees, the Casino Operator and Permittees

A. General Provisions

1. All licensees, permittees and the casino operator shall comply with all applicable federal, state, and local laws and regulations.

2. All licensees, permittees and the casino operator shall at all times conduct themselves in a professional manner when communicating with the public, the division and the board.

3. Any violation of the provisions of the Act shall also constitute a violation of these rules.

4. All notifications to the board or division required by this Section shall be in writing.

B. Unsuitable Conduct

1. A licensee, casino operator or permittee shall not engage in unsuitable conduct or practices and shall not employ or have a business association with any person, natural or juridical, that engages in unsuitable conduct or practices.

2. For purposes of this Section, unsuitable conduct or practices shall include, but not be limited to, the following:

a. employment of, in a managerial or other significant capacity as determined by the division or board, business association with, or participation in any enterprise or business with a person disqualified pursuant to R.S. 27:28(B)(1)-(4) or declared unsuitable by the division or board;

b. employment of, association with, or participation in any enterprise or business with a documented or identifiable organized crime group or recognized organized crime figure;

c. failure to provide information or documentation of any material fact or information to the division or board;

d. misrepresentation of any material fact or information to the division or board;

e. engaging in, furtherance of, or profit from any illegal activity or practice, or any violation of these rules or the Act;

f. obstructing or impeding the lawful activities of the board, division or its agents; or

g. persistent or repeated failure to pay amounts due or to be remitted to the state.

3. A licensee, casino operator or permittee shall not engage in, participate in, facilitate, or assist another person in any violation of these rules or the Act or any criminal activity.

4. Notification

a. Any person required to be found suitable or approved in connection with the granting of any license, permit, contract or other approval shall have a continuing duty to notify the division of his arrest, summons, citation or charge for any criminal offense or violation including DWI; however, minor traffic violations need not be included.

b. All licensees and permittees shall have a continuing duty to notify the division of any fact, event, occurrence, matter or action that may affect the conduct of gaming or the business and financial arrangements incidental thereto or the ability to conduct the activities for which the licensee or permittee is licensed or permitted.

c. The notification required by this Paragraph shall be made within 15 calendar days of the arrest, summons, citation, charge, fact, event, occurrence, matter or action.

5. A licensee, casino operator or permittee, or its employee, agent or representative, shall not intentionally make, cause to be made, or aid, assist, or procure another to make, any false statement in any report, disclosure, application, form, or any other document, including improperly notarized documents, submitted to the board or division.

C. Additional Causes for Disciplinary Action

1. Further instances of conduct by a licensee, casino operator or permittee for which the division or board may impose sanctions shall include, but are not be limited to:

a. the licensee, casino operator or permittee has been involved in the diversion of gaming equipment for unlawful means;

b. the licensee, casino operator, permittee, or its employee, agent or representative has been involved in activities prohibited by law or the purpose of which was to circumvent or contravene the provisions of the rules or the Act;

c. the licensee, casino operator or permittee has demonstrated a reluctance or inability to comply with the requirements set forth in these rules and the Act;

d. the licensee, casino operator or permittee violates conditions placed upon the licensee, casino operator or permittee by the board or division;

e. the board or division discovers incomplete, untrue or misleading information as to a material or a substantial matter provided on an application, record or any document which affects the decision whether to license, permit or approve the applicant;

f. the board or division discovers substantial, incomplete, untrue or misleading information provided in a report or other required communication;

g. the licensee, casino operator or permittee has failed to timely pay a penalty imposed by the board or division;

h. the licensee, casino operator or permittee submits tardy, inaccurate, or incomplete reports to the division or board;

i. the licensee, casino operator or permittee fails to respond in a timely manner to communications from the board or division;

j. the licensee, casino operator, or permittee, or its employee, agent or representative is not available; and

k. The licensee or casino operator fails to obtain approval from the board or division prior to changing, adding, or altering the casino configuration. For the purpose of this Section, altering the casino configuration does not include the routine movement of EGDs for cleaning or maintenance purposes.

D. Specific Provisions

1. Responsibility for the employment and maintenance of suitable methods of operation rests with the licensee, casino operator or permittee and willful or persistent use or toleration of methods of operation deemed unsuitable is cause for administrative action.

2. The board or division may deem any activity on the part of a licensee, casino operator or permittee, their agents, employees or representatives, that is inimical to the public health, safety, morals, good order and general welfare of the people of the state of Louisiana or that would reflect or tend to reflect discredit upon the state of Louisiana or the gaming industry to be an unsuitable method of operation and cause for administrative action.

La. Admin. Code tit. 42, § III-2901

Promulgated by the Department of Public Safety and Corrections, Gaming Control Board, LR 38:1655 (July 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 27:15 and 24.