La. Admin. Code tit. 42 § XI-2415

Current through Register Vol. 50, No. 9, September 20, 2024

Section XI-2415 - Gaming Establishments

A. Establishment Licenses

1. The division may issue a license to qualified applicants based on the type of business being conducted. The types of licenses and the requirements for these licenses are as follows:

a.Type "I" License-any bar, tavern, cocktail lounge, or club only, as defined in R.S. 27:402(14) shall be designated as a type "I" establishment;

b.Type "II" License-any restaurant, as defined in R.S. 27:402(14) shall be designated as a type "II" establishment;

c.Type "III" License-a hotel or motel as defined in R.S. 27:402(8) and R.S. 27:414 shall be designated as a type "III" establishment;

d.Type "IV" License-a Louisiana State Racing Commission licensed race track, pari-mutuel wagering facility, or off-track wagering facility as defined in R.S. 27:402(10)(licensed establishment) shall be designated a type "IV" establishment;

e.Type "V" License-a qualified truck stop facility as defined in R.S. 27:417 shall be designated a type "V" establishment.

B. Security

1. Licensed and insured uniformed security officers, as defined in R.S 37:3272(A)(18), or off duty uniformed P.O.S.T. (Peace Officers Standards and Training) certified law enforcement officers shall be required in all type IV and type V establishments with more than 20 devices. Security officers, other than off duty P.O.S.T. certified law enforcement officers, shall possess a security officer identification card issued by the Louisiana State Board of Private Security Examiners at all times while on duty at the licensed establishment. In addition:

a. a sufficient number of security personnel shall be provided for the safe operation of the establishment; and

b. if the division determines that an unsafe situation exists, the division shall have the authority to mandate that a licensee provide additional security measures.

2. All type IV and V establishments shall provide video security surveillance, approved by the division, for the continuous monitoring and recording of all gaming and cage/cashier activities. Surveillance recordings shall be maintained for a period of not less than 14 days.

3. Individuals working as security personnel at a licensed establishment shall not perform tasks or functions outside of the course and scope of duty as a security officer or that are not directly related to security of the licensed establishment during a shift.

C. Placement of Devices in Licensed Establishments

1. Video draw poker devices shall be physically located within the licensed establishment. Video draw poker devices operated on the premises of a licensed restaurant shall be grouped together in a designated area within the licensed establishment and shall comply with the provisions of R.S. 27:430(F) and LAC 42:XI.2415.D.2.

2. No device shall be placed closer than 6 inches to any other device, except devices may be placed back to back or in a carousel.

3. Video poker devices operated on the premises of a licensed truck stop facility shall be located in an area designated for gaming and separated for adult patronage only as provided in R.S. 27:417(A)(7). No video draw poker devices operated at a licensed truck stop facility may be located in any fuel facility, convenience store, restaurant, hotel or motel located on the truck stop facility, or in any trucker's lounge, laundry room, shower room, or hallway area of any building located on the truck stop facility.

D. Structural Requirements for Licensed Establishments

1. No licensed establishment shall be altered, renovated, or expanded if such alteration, renovation, or expansion is for the purpose of moving devices or installing additional devices, without first submitting to the division for approval, a written notification, via delivery by the United States Postal Service certified or registered mail, return receipt requested or a private or commercial interstate carrier, of the intent and a set of plans illustrating the projected changes.

2. Any licensed establishments that allow mixed patronage shall have devices for play and operation only in designated areas. These gaming areas shall be physically separated by a partition as provided in R.S. 27:430(F). The partition shall be permanently affixed and solid except for an opening to allow for player access into the gaming area.

3. A licensed establishment which is connected by a doorway or other opening to any other business establishment whether or not such other establishment is eligible for licensing by the division shall:

a. have a door or doors between the licensed establishment and the other entity which shall automatically close;

b. have a separate outside entrance for patrons such that an individual patron may enter each establishment from the exterior of the building;

c. keep business records and books that are separate from those of the other entity; and

d. have personnel who work solely for the licensed establishment and not for the other entity during all hours of operation of the licensed establishment.

4. Each qualified truck stop facility licensed after having filed a new application on or after July 1, 2000 shall comply with the following requirements.

a. Each new application shall contain a scale drawing of the qualified truck stop facility prepared by a registered civil engineer which indicates the overall dimension of the facility and parking area and upon which is superimposed the required areas and dimensions for 50 parking stalls measuring 12 feet wide and 65 feet long and for travel lanes located at or adjacent to the parking stalls measuring 50 feet wide at those facilities with two-way truck travel. At those facilities having one-way truck travel, the travel lane located at or adjacent to the parking stalls shall be 30 feet wide.

b. The parking area design, plans and construction shall be in compliance with all applicable federal, state, and local laws and regulations and in compliance with the most appropriate and applicable national or regional association or industry design and construction guidelines applicable to the geographical area in which the qualified truck stop facility is proposed to be located as reasonably determined by the registered civil engineer.

c. The parking area shall be constructed of asphalt or concrete in accordance with a design and plans prepared by a registered civil engineer. The travel lanes shall be constructed in accordance with a design and plans prepared by a registered civil engineer.

d. The licensee or applicant shall submit to the division written certification from the registered civil engineer that construction was in accordance with the design and construction plans and these rules.

5. Each qualified truck stop facility filing a new application, including a change in ownership, on or after January 1, 2011, shall comply with the following requirements.

a. The parking lot area shall be paved and striped so as to clearly indicate where drivers are to park their tractor-trailers and shall provide sufficient maneuvering room to allow for proper parking.

b. The parking lot area shall be clearly marked with indicators directing drivers to the proper lanes for ingress and egress.

c. All two-way truck travel lanes, shall be paved with concrete or asphalt, and be striped or marked so as to indicate lane division.

d. Traffic and inter-facility access connections shall be paved, marked and at least 25 feet wide for two-way truck traffic and at least 12 feet wide for one-way truck traffic. Construction shall be to industry standards and shall be designed to allow for safe maneuvering of tractor trailer vehicles.

6. The licensee has a continuing responsibility to maintain the dimensions of the parking area, minimum number of required parking spaces, access to all parking spaces, traffic and inter-facility access connections, and travel lanes in accordance with the Act and these rules. The licensee shall upon request provide to the division applicable documentation supporting the design and construction of the parking area in accordance with the Act and these rules.

E. Location of Licensed Establishment

1. Except as otherwise provided in this Section, video gaming activities shall be prohibited as provided in R.S. 26:281.

2. All applicants for a truck stop license shall comply with the distance requirements as provided in R.S. 27:422.

3. In addition, a licensed establishment which is a qualified truck stop facility shall be located adjacent to a major state or interstate highway. For purposes of this Section, the word adjacent shall mean that the property line of the premises upon which a qualified truck stop facility is located shall be within a distance of 2,000 feet to the nearest edge of the traveled portion of the roadway which is a major state highway or interstate highway.

La. Admin. Code tit. 42, § XI-2415

Promulgated by the Department of Public Safety and Corrections, Office of the State Police, Gaming Enforcement Section, Video Gaming Division, LR 18:197 (February 1992), amended LR 21:582 (June 1995), amended by the Department of Public Safety and Corrections, Gaming Control Board, LR 23:1322 (October 1997), LR 24:1504 (August 1998), LR 26:1321 (June 2000), LR 36:2047 (September 2010), LR 39:329 (February 2013), LR 40:1106, 1110 (June 2014), repromulgated LR 40:1383 (July 2014), amended LR 40:1386 (July 2014), Amended LR 441451 (8/1/2018).

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