La. Admin. Code tit. 42 § XI-2424

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

Section XI-2424 - Enforcement Actions of the Board

A. Pursuant to R.S. 27:432 et seq., in lieu of other administrative action, the division may impose a civil penalty as provided for in the penalty schedule contained in Subsection B.

B. Penalty Schedule

Regulation Number	Violation Description		1st	2nd		3rd
Application and License
2405 A 15	Improperly Notarized Documents		1000	2000		Admin Action
2405 B 2	Failure To Conspicuously Display License		100	200		300
2504 B 3c	Failure To Renew Gaming License 45 Days Prior To Expiration Of License		250	500		1000
2405 B 7	Failure To Attend Required Hearings, Meetings, Etc.		500	1000		Admin Action
2405 B 8	Failure To Attend Required Hearings, Meetings, Etc.		500	1000		Admin Action
Video Gaming Devices
2407 A 1	No Des Rep/Failure To Monitor VGD/Gaming Area		250	500		1000
2407 A 3	Allowing Intoxicated Persons To Play Video Devices		250	500		1000
2407 A 4	Failure Of Licensee To Supervise Employees To Ensure Compliance With Regulations		100	200		300
2407 A 5	Failure To Pay Valid Ticket Voucher On Demand		500	750		1000
2407 A 6	Proper Placement Of Devices		100	200		300
2407 A 7	Licensee Shall Advise The Division Of Any Device Malfunction That Has Not Been Rectified By The Device Owner Within 24 Hours		250	500		1000
2407 A 9	Keys Shall Be Secure And Available To The Division		100	200		300
2407 A 10	Loss Of Access Of Device Telephone Line		250	500		1000
2407 A 12	Licensee Shall Post Signs At Entrances To Gaming Area/Restricting Play/3 Inch Lettering		250	500		1000
2407 A 14	No Hotline Number/Compulsive Gambling Toll Free Number Signs		250	500		1000
2407 B 2	Video Draw Poker Employee Permit		25	50		75
2407 B 8	Designated Reps Shall Locate Records and Documents		250	500		1000
2407 C 1	Employee Shall Be Available To Redeem Valid Tickets		250	500		1000
2407 C 1a	Ticket Vouchers Shall Be Redeemed For Cash Only		250	500		1000
2407 C 1e	The Phrase "Any Malfunction Voids All Plays And Pays" Shall Be Displayed On The Face Of Devices		100	200		300
2407 C 1f	Failure To Make Timely Payments As Required		500	1000		Admin Action
2407 D	Advertising Violation		500	750		1000
Revenues
2409 C3b	Insufficient Funds Available For Electronic Transfer --(fine as shown on the right plus interest as per 2409.C.3.d)		250	500		1000 or Admin Action
2409 C3d	Insufficient Funds Available For Electronic Transfer - Fine Plus Interest As Per Rule		500	1000		Admin Action
2409 C4	A Device Owner Who Has A Non-Sufficient Fund Return W/I The Past 3 Years Shall Be Required To Maintain A Minimum Balance In The Sweep Account Or Secure With A Line Of Credit Or Bond		500	1000		Admin Action
2409 E 2	Failure To Have All Records Requested Readily Available For Audit		500	1000		Admin Action
Regulatory, Communication, and Reporting Responsibilities
2411 A 6	Failure To Provide Semi-Annual, Quarterly, Or Monthly Report Requested By Date Required		500	1000		Admin Action
2411 A 7	Failure To Retain All Records For A Period Of Three Years (Manufacturers-Five Years)		500	1000		Admin Action
2411 A 9	Failure To Maintain Required Records, Submit All Reports, And Keep The Division Informed In Writing Of Changes		500	1000		Admin Action
2411 A 10a	Failure To Keep And Maintain Bank Account Documents		500	1000		Admin Action
2411 A 10b	Failure To Keep And Maintain Business Records		500	1000		Admin Action
2411 A 12	All Licensed Manufacturers And Distributors Shall Maintain A Current Record Of Devices Received, Sold, And In Inventory		500	1000		Admin Action
2411 A 14	Failure To Provide A Current List Of Authorized Service Personnel		500	1000		Admin Action
2411 B 1	Failure To Provide A Semi-Annual Report Requested		500	1000		Admin Action
2411 D 3	Failure Of Device Owner To Maintain All Audit Tapes For A Period Of 3 Years		250	500		1000
2411 D 6	Failure To Notify Division Technical Staff Prior To Removal Of Devices From Service For Less Than 72 Hours Per Device		250	500		1000
2411 D7	Devices Disabled From The Central Computer For More Than 72 Hours Shall Be Transferred To The Device Owner's Warehouse Or Service Entity And The Division Notified With The Proper Paperwork Within Five Business Days Per Device		250	500		1000
2411 E1	Failure Of Licensed Establishment To Provide Quarterly Report Requested By Division		500	1000		Admin Action
2411 E 3	Failure Of Licensed Truck Stops To Provide Monthly Fuel Sales Reports		500	1000		Admin Action
2411 F 1	Failure Of Licensed Service Entity To Maintain Required Records		250	500		Admin Action
2411 F 2	Failure Of Licensed Service Entity To Have A Certified Technician And Adequate Facilities Approved By The Division		250	500		Admin Action
2411 G 3	Failure To Submit Device Forms Required By The Division In A Timely Manner		250	500		1000
2411 H 2	Failure To Provide Copies Of Written Contracts Pertaining To The Operation Of Devices Within 10 Business Days Of Making Such Contract		500	1000		Admin Action
Devices
2413 A 1 E	Unapproved Information On Device Screen/Housing		100	200		300
2413 A 1 E Ii	The Phrase "No Persons Under The Age Of 21 Allowed To Play" Shall Be Conspicuously Displayed On The Face Of All Devices		100	200		300
2413 A 1 L	Device Must Have An Approved And Functioning Security System For Temporarily Disabling Device And Alerting The Central System When The Device Is Opened		250	500		1000
2413 E 1	Only Certified Technicians May Access The Interior Of An Enrolled And Enabled Device		1000	2000		Admin Action
2413 E 7	All Device Owners Shall Maintain A Current, Written Maintenance Log For Each Device Operating Within A Licensed Establishment On A Division Approved Form		100	200		300
2413 E 8	A Division Approved Ram Clear Chip And Procedure Shall Be Used When A Device's Memory Is To Be Cleared		500	1000		Admin Action
2413 E 9	Prior Approval Must Be Obtained Before A Software Program Is Changed In Any Device		500	1000		Admin Action
2413 E 12	The Division Shall Be Notified Before A Device Is Disconnected From Central Computer		500	1000		Admin Action
2413 F 1	Failure To Provide Information Of Shipment Of Devices And Obtaining Division Approval		500	750		1000
2413 F 2	Failure To Provide Division With The Make, Model, Serial Number And An Inventory Of The Devices Being Shipped		500	750		1000
2413 F 4	Devices Shall Be Shipped Within Ten Business Days Of The Notification And Approval		500	750		1000
2413 G 1	Failure To Request Local Law Enforcement To Investigate Damage Or Theft Of Any Device		250	500		1000
2413 G 2	Failure To Obtain And Forward Requested Reports To The Division After Investigation		250	500		1000
2413 G 3	The Device Owner Or Licensed Establishment Shall Notify The Division, In Writing, Of Any Damage To Or Theft From A Device		250	500		1000
2413 H 2	The Completed Device Transfer Report Shall Be Submitted To The Division Within Five Business Days		200	400		600
2413 H 3	No Devices Which Are Permanently Removed From Service Shall Have A Validation Decal Displayed On It		200	400		600
Gaming Establishments
2415 B 2	All Type 5 Establishments With 20 Or More Devices Shall Provide Video Surveillance Approved By Division	500		1000		Admin Action
2415 C 1	Device Groupings Shall Be Physically Located Within The Licensed Establishment	250		500		1000
2415 C 2	No Device Shall Be Placed Closer Than Twelve Inches To Any Other Device (May Be Placed Back To Back)	100		200		300
2415 C 1	Device Improperly Located	250 per device		Admin Action		Admin Action
2415 C 2	No Device Shall Be Placed Closer Than 6 Inches To Any Other Device (May Be Placed Back To Back)	100		200		300
2415 C 3	Device Improperly Located	250 per device		Admin Action		Admin Action
2415 D 1	No Licensed Establishment Shall Be Altered Or Renovated Dealing With Devices Without Division Approval	500		1000		Admin Action
2415 D 2	Any Licensed Establishment That Allows Mixed Patronage Shall Have Devices In Designated Areas With A Partition	250		500		1000
2415 D 3a	A Licensed Establishment That Is Connected To Another Business Shall Have A Door Between Them That Automatically Closes	250		500		1000
2415 D 3b	A Licensed Establishment That Is Connected To Another Business Shall Have A Separate Outside Entrance	250		500		1000
2415 D 3c	A Licensed Establishment That Is Connected To Another Business Shall Keep Records Separate	250		500		1000
2415 D 3d	A Licensed Establishment That Is Connected To Another Business Shall Have Personnel That Are Solely Employed By The Licensed Establishment	250		500		1000
2415 D 4	The Parking Area Of A Truck Stop Facility Shall Be In Compliance With All Federal, State And Local Laws	250		500		1000
Code of Conduct of Licensee
2417 A 1	All Licensees And Permittees Shall Comply With All Applicable Federal, State, And Local Laws And Regulations	250		500		1000
2417 B 4	Failure to disclose within 10 calendar days, the following: Misdemeanor Arrest Felony Arrest Marriage/Divorce/ Property Settlement Entity Name Change or Conversion Management Change (appointment or resignation)	250 500 250 500 500		250 1000 250 Admin Action Admin Action		500 Admin Action 500 Admin Action Admin Action
2417 C 1 I	Failure To Respond In A Timely Manner To Communications From The Division Or Board (10-Day Letters)	500		1000		2000
Investigations
2419 B 2	All Licensees Shall Make Available To The Division Records Requested		500	1000	Admin Action
2419 B 3b	All Devices Shall Have, At All Times, The Proper Validation Decal Affixed To The Device And Maintenance Log Books Properly Secured And Available For Inspection		250	500	Admin Action
Miscellaneous
27:402(14)	Expired ATC Permits Renewed during Investigation or Adjudication Establishments Primarily Engaged in the Retail Sale of Prepared Foods and Alcoholic Beverages Must Possess a Valid Class A-General Retail Permit or a Class A-Restaurant Permit		1000 Plus 500 For Each 30-Day (or Portion of A 30-Day) Period
27:435(F)(2)	A Non-Sufficient Fund Return		250	500	1000 or Admin Action
27:435(K)(4)(b)	Required Annual Fees Submitted after July First, but on or before July Thirty-First		Type 1 Or 2 License 250		Type 3-8 License 500
27:435(K)(4)(c)	Required Annual Fees Submitted after July Thirty-First, but on or before August Thirty-First		Type 1 Or 2 License 500		Type 3-8 License 1000
27:435(L)	A Complete Renewal Application Filed within 30 Calendar Days after the Expiration of the License		500
27:443	Allowing Underage Patron to Play Video Gaming Device		1000	1000	Revocation

C. A violation shall be considered a second or subsequent violation in accordance with the provisions of R.S. 27:308.1(D)(1)(b).

D. All civil penalties shall be paid by personal, company, certified or cashier's check, money order, electronic funds transfer or other form of electronic payment.

La. Admin. Code tit. 42, § XI-2424

Promulgated by the Department of Public Safety and Corrections, Gaming Control Board. LR 36:2874 (December 2010), amended LR 38:2936 (November 2012), LR 40:1106, 1107, 1108, 1110 (June 2014), repromulgated LR 40:1383 (July 2014), amended LR 40:1385, 1385, 1386 (July 2014), Amended by LR 41:1498 (8/1/2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 33:4862.1 et seq.