La. Admin. Code tit. 42 § III-4735

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

Section III-4735 - Grounds for Disciplinary Action against the Casino Operator, Casino Manager or Affiliates

A. The board and division deems any activity on the part of the casino operator, casino manager or affiliates, and their agents or employees, as well as all permittees, 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 negatively upon the state of Louisiana or the gaming industry, to be an unsuitable method of operation and shall constitute grounds for disciplinary action by the board in accordance with the Act and rules. Without limiting the generality of the foregoing, the following acts or omissions may be determined to be unsuitable methods of operation:

1. failing to disclose, misstating or otherwise misleading the board or division with respect to any material fact contained in an application;

2. committing, attempting to commit or conspiring to commit any acts or omissions prohibited by the Act or rules;

3. failing to maintain suitability as provided in the act and rules;

4. failure to exercise discretion and sound judgment to prevent incidents which might reflect on the repute of the state of Louisiana and the Act as a detriment to the development of the gaming industry;

5. knowingly permitting persons who are visibly intoxicated to participate in gaming activity;

6. complimentary service of intoxicating beverages in the casino area to persons visibly intoxicated;

7. failure to conduct advertising and public relations activities in accordance with decency, dignity, good taste, honesty and inoffensiveness;

8. knowingly catering to, assisting, employing or associating with, either socially, or in business affairs, persons of notorious or unsavory reputation or persons who have extensive police records, or persons who have defied congressional investigative committees or other officially constituted bodies acting on behalf of the United States, or any state, or persons who are associated with or supportive of subversive movements;

9. the employing either directly or through a contract, or any other means, of any firm or individual in any capacity where the repute of the state of Louisiana or the gaming industry is liable to be damaged because of the unsuitability of the firm or individual or because of the unethical methods of operation of the firm or individual;

10. employing in a position for which the individual could be required to be a permitted employee or key management or key gaming employee pursuant to these rules, any person who has been denied a permit or approval on the grounds of unsuitability or has failed or refused to apply for a permit as an employee, key management or key gaming employee as requested by the board;

11. employing any person who has been found guilty of cheating or using a cheating device in connection with any game, whether as a permittee or player;

12. employing any person whose conduct resulted in the revocation or suspension of his permit unless such permit was reinstated or otherwise reissued;

13. failure to comply with, or make provision for compliance with, all applicable federal, state and local laws and regulations including, without limiting the generality of the foregoing, payment of all fees and taxes and compliance with all procedures and forms prescribed by the secretary of the Department of Revenue. The board, in the exercise of its sound discretion, can make its own determination of whether or not the person has failed to comply with the aforementioned, but such determination shall make use of the established precedents in interpreting language of the applicable statutes;

14. possessing or permitting to remain in or upon the premises of the official gaming establishment any cards, dice, or mechanical device which is not in compliance with, or was obtained in a manner that was not in compliance with the Act or rules;

15. conducting, carrying on, operating or dealing with any cheating device on the premises;

16. failure to conduct gaming operations in accordance with the proper standards of custom, decorum and decency, or permit any type of conduct in the official gaming establishment which reflects or tends to reflect negatively on the repute of the state of Louisiana;

17. failure to have an employee of the casino operator or casino manager on the premises to supervise any game;

18. issuing credit to a patron to enable the patron to satisfy a debt owed to another person;

19. denying any board member or representative or division agent, upon proper and lawful demand, access to, any portion or aspect of the official gaming establishment;

20. failing to comply with any provision of these regulations or the casino operator's approved internal controls systems, approved rules of games, or any other order or approval;

21. failing to take all reasonable steps necessary to prevent persons under the age of 21, unless otherwise permitted under applicable law, to:

a. play or be allowed to play any game or gaming device at the casino;

b. loiter or be permitted to loiter in or about any room, premises, or designated area where any game or gaming device is located, operated or conducted at the casino;

c. serve or be served, consume or be allowed to consume any alcoholic beverage at the casino;

22. failing to draft and implement policies and procedures designed to satisfy the requirements of Paragraph 21 of this Subsection.

La. Admin. Code tit. 42, § III-4735

Promulgated by the Department of Public Safety and Corrections, Gaming Control Board, LR 38:1692 (July 2012).

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