Mo. Code Regs. tit. 11 § 45-5.053

Current through Register Vol. 49, No. 11, June 3, 2024

Section 11 CSR 45-5.053 - Policies

PURPOSE: This amendment updates the term "riverboat" to "excursion gambling boat" for consistency with the statutes and other regulations in 11 CSR 45.

(1) A holder of a Class B license shall comply with all federal regulations and requirements for the withholding of taxes from winnings and the filing of currency transaction reports.

(2) It is the policy of the commission to require that all excursion gambling boats and gaming conducted on excursion gambling boats be operated in a manner suitable to protect the public health, safety, morals, good order, and general welfare of Missouri. Responsibility for the employment and maintenance of suitable methods of operation rests with the holder of a operator's license and willful or persistent use or toleration of methods of operation deemed unsuitable will constitute grounds for disciplinary action, up to and including license revocation.

(3) The holder of a Class A or B license is expressly prohibited from the following activities:

(A) Failing to exercise discretion and good judgment to prevent incidents which might reflect on the repute of the state of Missouri and act as a detriment to the development of the industry, including allowing lewd entertainment on a boat;

(B) Permitting persons who are visibly intoxicated to participate in gaming activity;

(C) Failing to conduct advertising and public relations activities in accordance with decency, dignity, good taste and honest and fair representation;

(D) Failing to comply with or make provision for compliance with all federal, state and local laws and regulations pertaining to the operation of a license, including paying license fees, withholding payroll taxes and violating alcoholic beverage laws or rules;

(E) Permitting to remain in, or upon any licensed premises, any associated gambling equipment (primarily, but not limited to, cards or dice), which may have in any manner been marked, tampered with, or otherwise placed in a condition or operated in a manner which might affect the game and its payouts;

(F) Permitting, if the licensee was aware or should have been aware of, any cheating whatsoever;

(G) Permitting to remain in or upon any licensed premises, any cheating device whatsoever; or conducting, carrying on, operating, or dealing any cheating or thieving game or device on the premises;

(H) Permitting to remain in or upon any licensed premises, if the licensee was aware, or should have been aware of, any gambling device which tends to alter the normal random selection of criteria which determines the results of the game or deceives the public in any way;

(I) Failing to conduct gaming operations in accordance with proper standards of custom, decorum, and decency; or to permit any type of conduct on the excursion gambling boat which reflects negatively on the repute of the state of Missouri or acts as a detriment to the gaming industry;

(J) Denying a commissioner or commission agent access to, for inspection purposes, any portion or aspect of the excursion gambling boat or attendant shore facilities;

(K) Denying a commissioner or commission agent information concerning any aspect of the excursion gambling boat operation; and

(L) Failing to report to the commission known or suspected violations of commission rules and applicable law.

(4) No person shall use, or possess with the intent to use, any calculator, computer or other electronic, electrical or mechanical device at any table game that-

(A) Assists in projecting the outcome of a game;

(B) Keeps track of cards that have been dealt;

(C) Keeps track of changing probabilities; or

(D) Keeps track of playing strategies being utilized, except as permitted by the commission.

(5) Wagers may only be made-

(A) By a person present on a licensed gambling boat;

(B) By persons twenty-one (21) years of age or older; and

(C) At the times allowed by the commission.

11 CSR 45-5.053

AUTHORITY: sections 313.004 and 313.807, RSMo 2000 and section 313.805, RSMo Supp. 2008.* Original rule filed Feb. 19, 1998, effective Aug. 30, 1998. Amended: Filed May 13, 1998, effective Jan. 30, 1999. Amended: Filed March 1, 2000, effective Sept. 30, 2000. Emergency amendment filed Oct. 29, 2008, effective Nov. 15, 2008, expired May 13, 2009. Amended: Filed Oct. 29, 2008, effective April 30, 2009.

Amended by Missouri Register January 2, 2015/Volume 40, Number 01, effective 2/28/2015

Amended by Missouri Register September 4, 2018/Volume 43, Number 17, effective 10/31/2018

Amended by Missouri Register January 2, 2024/volume 49, Number 01, effective 2/29/2024.

*Original authority: 313.004, RSMo 1993, amended 1994; 313.805, RSMo 1991, amended 1993, 1994, 2000, 2008; and 313.807, RSMo 1991, amended 1993, 2000.