SLS 12RS-785 ORIGINAL
Page 1 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 575
BY SENATOR MORRELL AND REPRESENTATIVE LOPINTO
VIDEO POKER. Provides with respect to the Video Draw Poker Devices Control Law.
(8/1/12)
AN ACT1
To amend and reenact R.S. 14:90(C), R.S. 27:20(A)(1)(d)(ii), and Chapter 8 of Title 27 of2
the Louisiana Revised Statutes of 1950, to be comprised of R.S. 27:401 through 457,3
to enact Chapter 9 of Title 27 of the Louisiana Revised Statutes of 1950, to be4
comprised of R.S. 27:501 and 502, and to repeal Chapter 6 of Title 27 of the5
Louisiana Revised Statutes of 1950 , comprised of R.S. 27:301 through 326, relative6
to the licensing and operation of video draw poker devices; to provide for a7
comprehensive reorganization of the Video Draw Poker Devices Control Law; to8
provide for definitions; to provide for the types of licensed establishments which9
may be issued for the operation of video draw poker devices; to provide for limits10
on the number of devices which may be offered at those licensed establishments; to11
provide for specifications of video draw poker devices; to provide for the types of12
games which may be played on video draw poker devices; to provide for progressive13
jackpots; to provide with respect to suitability criteria for the issuance of video draw14
poker devices; to provide for criteria and amenities which shall be offered at15
different licensed establishments; to provide for the calculation of fuel sales at16
qualified truck stop facilities; to provide with respect to the construction and location17 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 2 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of qualified truck stop facilities; to provide for the temporary operation of video1
draw poker devices; to provide with respect to force majeure; to provide for2
applicability; to provide for exceptions; to provide with respect to leasing qualified3
truck stop facilities; to repeal statutory provisions which have become obsolete; to4
provide with respect to the sale or transfer of a license; to provide for tax clearances5
for the granting or renewal of a license to operate video draw poker devices; to6
provide for the application process for three machine locations; to provide for7
issuance of licenses by the office of state police for three machine locations; to8
provide for the regulation and enforcement regarding the operation of video draw9
poker devices; to provide for rulemaking; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 14:90(C) is hereby amended and reenacted to read as follows:12
§90. Gambling13
* * *14
C. The conducting or assisting in the conducting of gaming activities or15
operations upon a riverboat at the official gaming establishment, by operating an16
electronic video draw poker device, by a charitable gaming licensee, or at a pari-17
mutuel wagering facility, conducting slot machine gaming at an eligible horse racing18
facility, or the operation of a state lottery which is licensed for operation and19
regulated under the provisions of Chapters 4 and 11 of Title 4, Chapters 4, 5, 6, and20
7, and 8 of Title 27, or Subtitle XI of Title 47 of the Louisiana Revised Statutes of21
1950, is not gambling for the purposes of this Section, so long as the wagering is22
done conducted on the premises of the licensed establishment.23
* * *24
Section 2. R.S. 27:20(A)(1)(d)(ii) and Chapter 8 of Title 27 of the Louisiana Revised25
Statutes of 1950, comprised of R.S. 27:401 through 457, are hereby amended and reenacted26
and Chapter 9 of Title 27 of the Louisiana Revised Statutes of 1950, comprised of R.S.27
27:501 and 502, is hereby enacted to read as follows:28
§20. Department of Public Safety and Corrections, office of state police29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 3 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
A.(1) The Department of Public Safety and Corrections, office of state1
police, shall:2
* * *3
(d) Issue the following licenses and permits in accordance with rules adopted4
by the board:5
* * *6
(ii) Renewals New licenses and the renewal of licenses for the operation7
of video draw poker devices at facilities with no more than three video draw poker8
devices at their licensed establishments.9
* * *10
CHAPTER 8. VIDEO DRAW POKER DEVICES CONTROL LAW11
PART I. GENERAL PROVISIONS12
§401. Short title13
This Chapter shall be known and may be cited as the "Video Draw14
Poker Devices Control Law".15
§402. Definitions16
As used in this Chapter, the following words and phrases shall have the17
following meanings unless the context clearly indicates otherwise:18
(1) "Board" means the Louisiana Gaming Control Board, as established19
by R.S. 27:11.20
(2) "Certified technicians level one" means qualified service personnel21
trained by a manufacturer, distributor, or other qualified entity, or in a training22
program approved by the board or division, where applicable, who are capable23
of clearing paper or money jams, changing paper contained within the video24
draw poker devices, or retrieving money from video draw poker devices.25
(3) "Certified technicians level two" means qualified service personnel26
trained by a manufacturer, distributor, or other qualified entity, or in a training27
program approved by the board or division, where applicable, who are capable28
of clearing paper or money jams, changing paper contained within the video29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 4 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
draw poker devices, or retrieving money from video draw poker devices,1
performing any repairs, parts replacements, maintenance, cleaning, and other2
matters related to servicing of video draw poker devices.3
(4) "Device operation" means the privilege of operating a video draw4
poker device in accordance with the provisions of this Chapter.5
(5) "Device owner" means a person other than a distributor, who owns6
and operates, maintains, repairs, or services one or more video draw poker7
devices in licensed establishments.8
(6) "Distributor" means any person who buys, sells, leases, services, or9
repairs video draw poker devices and provides a facility for the inspection of10
those devices as required by the board or division, where applicable.11
(7) "Division" shall have the same meaning as that term defined in R.S.12
27:3.13
(8) "Hotel" or "motel" means an operating commercial establishment14
which possesses all appropriate licensing as a hotel or motel and which is15
engaged primarily in the renting of rooms, generally at a daily rate basis, which16
provides overnight lodging to the general public.17
(9) "Institutional investor" means a person that is:18
(a) A plan or trust established and maintained by the United States19
government, a state, a political subdivision of a state for the benefit of their20
respective employees.21
(b) An investment company that is registered under the Investment22
Company Act of 1940.23
(c) A collective investment trust organized by a bank under Part Nine24
of the rules of the Comptroller of the Currency.25
(d) A closed end investment trust registered with the United States26
Securities and Exchange Commission.27
(e) A mutual fund.28
(f) A life insurance company or property and casualty insurance29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 5 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
company.1
(g) A federal or state bank.2
(h) An investment advisor registered under the Investment Advisors Act3
of 1940.4
(10) "Licensed establishment" means an establishment that has a Class5
A-General retail permit or a Class A-Restaurant permit as defined in Part II of6
Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes7
of 1950, for the sale of alcoholic beverages for on-premises consumption or a8
Louisiana state racing commission licensed race track, pari-mutuel wagering9
facility, or offtrack wagering facility, or a qualified truck stop facility as defined10
in R.S. 27:416. Licensed establishment shall not include any premises leased to11
or utilized by a bona fide nonprofit organization for the conducting of12
charitable gaming nor any convenience store, quick-stop, food-mart, service13
station, grocery store, barber shop, laundromat/washateria, package or14
discount liquor/cigarette establishment, movie theater, or beauty shop.15
(11) "Manufacturer" means any person who manufactures or assembles16
and programs video draw poker devices for use in this state.17
(12) "Net device revenue" means the gross revenue of a device less the18
value of prizes paid as shown on the meters of the device.19
(13) "Person" shall have the same meaning as that term defined in R.S.20
27:3.21
(14) "Restaurant, bar, tavern, cocktail lounge, or club" means an22
operating establishment primarily engaged in the retail sale of prepared foods23
or the sale of alcoholic beverages for on-premises or immediate consumption24
that has been granted a Class A-General retail permit or a Class A-Restaurant25
permit, as defined in Part II of Chapter 1 or Part II of Chapter 2 of Title 26 of26
the Louisiana Revised Statutes of 1950, for the sale of alcoholic beverages for27
on-premises consumption.28
(15) "Service entity" means any person other than a distributor or29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 6 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
device owner who repairs, services, inspects, or examines video draw poker1
devices in the presence of a device owner or owner's employee.2
(16) "Suitability", "suitable", or "suitability requirements" means the3
criteria provided for in R.S. 27:427.4
(17) "Video draw poker device" means any unit, mechanism, or device5
authorized pursuant to the provisions of this Chapter, that, upon insertion of6
cash, is available to play or simulate the play of the game of draw poker, or7
other games approved by the board or division, where applicable, utilizing a8
video display and microprocessors in which the player may win games or9
credits that can be redeemed for cash only. The term does not include a device10
that directly dispenses coins, cash, tokens, or any thing else of value, except the11
ticket voucher required in accordance with the provisions of this Chapter. The12
term does not include any device authorized to be used in the conducting of13
charitable gaming. The term does not include video line up games, mechanical14
reel games, or any combination thereof, or any slot machine as defined in R.S.15
27:353(14).16
(18) "Video draw poker" means any card game approved by the board17
or division, where applicable, that utilizes one deck of cards per hand with18
multiple hands permitted per game.19
(19) "Video draw poker employee" means a person issued a permit20
pursuant to the provisions of R.S. 27:445.21
§403. Video draw poker device operation not gambling; license is a privilege22
A. Notwithstanding any provision of law to the contrary, the placement,23
operation, maintenance, and play of approved video draw poker devices in24
accordance with the provisions of this Section is legal, and such devices shall not25
be considered gambling devices.26
B. Any license applied for, granted, or issued under the provisions of27
this Chapter is a pure and absolute privilege, the awarding, denial, or28
withdrawal of which is solely within the discretion of the board or division,29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 7 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
where applicable, and, except as provided in this Chapter, without recourse at1
law. Any license issued or renewed under the provisions of this Chapter is not2
property or a protected interest under the constitutions of either the United3
States or the state of Louisiana.4
§404. Service entity5
A service entity shall not perform any accounting functions, including6
but not limited to recording meter readings or handling or transporting funds7
procured from the video draw poker device. A service entity shall not perform8
any actions which would fulfill state reporting requirements other than those9
directly related to the physical repair of video draw poker devices.10
PART II. VIDEO DRAW POKER DEVICES11
§405. Description and specifications of devices12
A. Each video draw poker device shall:13
(1) Be inspected by the board or division, where applicable, or its14
designee for certification and compliance.15
(2) Be connected with a system consisting of player operated terminals16
and a self-contained control computer.17
(3) Not have any device or program that will alter the reading of the18
values or amounts of play to reflect values or amounts other than actually19
played or any switches, jumpers, wire posts, or any other means of20
manipulation that could affect the operation or outcome of a game.21
(4) Not have any device, switch, program, or function that can alter the22
readings of the actual amounts or values relating to any function or occurrence23
of the device.24
(5) Have separate secure areas with locking doors for the game logic25
board and software, the cash compartment, and the meters as required by the26
rules and regulations of the board or division, where applicable. These areas27
must be locking and separated. Access to one from the other must not be28
allowed at any time.29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 8 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(6) For card games, use a display with images of cards that closely1
resemble standard poker playing cards.2
(7) Not have any functions or parameters adjustable by or through any3
separate video display or input codes, except for the adjustment of features that4
are wholly cosmetic.5
(8) Have a circuit-interrupting device, method, or capability which will6
disable the machine if the board or division, where applicable, approved7
program is accessed or altered.8
(9) Have a serial number or other identification number permanently9
affixed to the device by the manufacturer.10
(10) Have nonresettable meters housed in a secure compartment that11
keep a permanent record of all of the following:12
(a) Total credits accepted.13
(b) Total credits played by players.14
(c) Total credits won by players.15
(d) Total credits printed out by the ticket voucher printer.16
(e) The device must contain electronic metering using meters that record17
all of the following:18
(f) Total credits in, total credits played, total credits won, and total19
credits paid.20
(g) Total hands of poker played and total hands of poker won.21
B. Each video draw poker device shall be linked by telecommunication22
to a central computer for purposes of polling or reading device activities and for23
central computer remote shutdown of device operations; however, if the central24
computer system fails as a result of a malfunction or catastrophic event, the25
device may remain in operation until the central computer system is restored.26
C. Each video draw poker device shall offer the game of draw poker or27
such other games as are approved by the board or division, where applicable,28
and have the following method of operation:29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 9 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(1) The cards must be shuffled after each hand is dealt.1
(2) The card games must utilize a deck of cards consisting of fifty-two2
standard playing cards, and up to two jokers may also be used. The deck must3
be shuffled by use of a random number generator to exchange each card in the4
deck with another randomly selected card.5
(3) After shuffling, a required number of cards must be dealt from the6
top of the deck.7
(4) Any discarded cards must be replaced by remaining cards in the8
deck, starting with the next subsequent card and using the cards in the order of9
the deck.10
(5) The game must display the hands for which won games or credits11
will be awarded and the number of won games or credits for each hand, not to12
exceed the value of one thousand dollars.13
(6) Notwithstanding the provisions of Paragraphs (2), (3), and (4) of this14
Subsection when they are in conflict, multi-hand games shall be an authorized15
game for play when approved by an authorized device testing laboratory and16
the board or division, where applicable, provided that, with respect to any video17
draw poker device located in Orleans Parish, no multi-hand game is or may be18
authorized unless it has been determined by the Louisiana Gaming Control19
Board that permitting such game in Orleans Parish will not violate any of the20
terms or provisions of Section 1.3 of the Amended and Renegotiated Casino21
Operating Contract entered into pursuant to R.S. 27:201 et seq., on October 30,22
1998, as amended, effective October 19, 1999, March 29, 2001, and March 31,23
2001. Any authorization of a multi-hand game by the board or division, where24
applicable, in violation of this Paragraph shall be null and void.25
D. A video draw poker device may have a mechanism that accepts cash26
in the form of bills with a denomination not to exceed twenty dollars.27
E. The board or division, where applicable, may provide for additional28
specifications for devices to be approved and authorized pursuant to the29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 10 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
provisions of this Chapter as it deems necessary to maintain the integrity of1
video draw poker devices and operations. The board or division, where2
applicable, shall not provide for any additional specifications which would have3
the effect of reducing to fewer than four the number of manufacturers who4
make devices that meet the specifications of this Chapter.5
§406. Ticket vouchers and accounting tickets6
A. Each video draw poker device must be capable of printing a ticket7
voucher for the player at the completion of each game. If credits are owed the8
player, the ticket must contain each of the following:9
(1) The name of the licensed establishment.10
(2) The address of the establishment.11
(3) The value of the prize in numbers.12
(4) The value of the prize in words.13
(5) The time of day, in hours and minutes in a twenty-four-hour format.14
(6) The date.15
(7) The device license number or serial number up to eight digits.16
(8) The sequential number of the ticket voucher.17
(9) An encrypted validation number from which the validity of the prize18
can be determined.19
B. An exact copy of each printed ticket voucher must be printed and20
retained within the device, or other means of capturing and retaining an21
electronic copy of the ticket data as approved by the board or division, where22
applicable, for a minimum of five thousand tickets. If a thermal printer is used23
and the duplicate information is stored electronically in the device, any24
duplicate voucher printed by the device must have the prominent word25
"DUPLICATE" printed on the face of the voucher.26
C. Each video draw poker device must issue, by activation of an external27
switch, an accounting ticket containing a performance synopsis of the device.28
The ticket must contain:29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 11 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(1) The name of the licensed establishment.1
(2) The address of the establishment.2
(3) The license number of the device.3
(4) The time of day, in hours and minutes in a twenty-four-hour format.4
(5) The date.5
(6) The electronic meter readings required by this Chapter.6
§407. Games without minimum wager; Orleans excepted7
A. Notwithstanding any provision of law to the contrary, video draw8
poker devices in any facility licensed pursuant to this Chapter, in any parish9
other than Orleans, may schedule games with no minimum wager. A video10
draw poker device may accept coins in the amount of the minimum wager11
offered by that device. Video draw poker devices may accept coins or currency12
of denominations of multiples of the minimum wager but shall provide one13
game for each amount of the minimum wager deposited in that video draw14
poker device. The provisions of this Subsection shall not be construed to affect15
the limitations on the amount of money played and the limitation on the value16
of prizes established in R.S. 27:410.17
B. Video draw poker devices in any facility licensed pursuant to this18
Chapter located in Orleans Parish may schedule games with such minimum19
wager as may be approved by the board or division, where applicable, provided20
it has been determined by the Louisiana Gaming Control Board that permitting21
such minimum wager in Orleans Parish will not violate any of the terms or22
provisions of Section 1.3 of the Amended and Renegotiated Casino Operating23
Contract entered into pursuant to R.S. 27:201 et seq., on October 30, 1998, as24
amended, effective October 19, 1999, March 29, 2001, and March 31, 2001. Any25
change to the minimum wager in violation of this Subsection shall be null and26
void.27
§408. Progressive jackpots28
A progressive jackpot may be offered for play at a licensed facility if the29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 12 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
video draw poker devices are located at the same facility. The video draw poker1
devices at a licensed facility may be linked in order to offer a pooled or2
progressive jackpot. This jackpot shall not exceed the current single game3
payout maximum provided for in R.S. 27:410. Multi-tiered progressive shall be4
permitted as long as the progressive value does not exceed the single game5
payout maximum.6
§409 through 411. (Reserved)7
PART III. LICENSING AND TYPES OF LICENSES8
§412. State license qualifications; types of licenses9
A.(1) The legislature hereby recognizes the importance of a controlled10
gaming industry to the development of the economy of the state of Louisiana.11
The legislature further recognizes that the success and growth of gaming are12
dependent upon public confidence and trust that gaming activities and13
particularly video draw poker gaming activities are conducted honestly and are14
free from criminal and corruptive elements.15
(2) The state of Louisiana has a legitimate interest in providing strict16
regulation of all persons, practices, associations, and activities related to the17
operation of licensed establishments licensed to offer video draw poker devices,18
and the manufacture, supply, or distribution of video draw poker gaming19
devices and supplies, in order to maintain public confidence and trust in the20
video draw poker gaming industry.21
(3) The legislature hereby finds that the types of establishments which22
may place video draw poker devices at their licensed establishments each23
possess unique features, some of which are volume of business, number of24
establishments, and hours required of the board or division, where applicable,25
to ensure suitability prior to licensing. Therefore, in order to provide the most26
effective regulation and control of the video draw poker gaming industry, it is27
necessary to develop three categories of licenses which may be issued to28
qualified establishments for the privilege of operating video draw poker devices.29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 13 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
B. The three categories of licenses which may be issued to qualified1
establishments for the operation of video draw poker devices are as follows:2
(1) A license to operate a maximum of three video draw poker devices3
at establishments licensed to sell alcoholic beverages for consumption on the4
premises of the establishment as provided for in R.S. 27:413.5
(2) A license to operate a maximum of fifty video draw poker devices at6
qualified truck stop facilities as provided for in R.S. 27:416.7
(3) A license to operate an unlimited number of video draw poker8
devices at a licensed pari-mutuel wagering facility or an offtrack wagering9
facility as provided for in R.S. 27:415.10
C. A licensee may not have on the premises or make available for play11
on the premises of the licensed establishment more video draw poker devices12
than as provided in this Section.13
§413. Licenses to operate video draw poker devices at certain alcoholic14
beverage facilities; multiple facilities15
A. A person who has been granted a Class A-General retail permit or16
a Class A-Restaurant permit, as defined in Part II of Chapter 1 or Part II of17
Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, to sell alcoholic18
beverages for consumption on the premises of a restaurant, bar, tavern, cocktail19
lounge, club only, or such an establishment located within a motel or hotel only20
may be granted a license for the placement of not more than three video draw21
poker devices in his licensed establishment.22
B. A person who is the owner of more than one restaurant, bar, tavern,23
cocktail lounge, or club which is located within a single building or structure,24
and who has been granted a Class A-General retail permit or a Class A-25
Restaurant permit, as defined in Part II of Chapter 1 or Part II of Chapter 2 of26
Title 26 of the Louisiana Revised Statutes of 1950, to sell alcoholic beverages for27
consumption on the premises of each such facility, may make available for play28
not more than three video draw poker devices at each separate facility, not to29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 14 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
exceed a total of nine video draw poker devices for the single building or1
structure, if that person and each facility complies with all other requirements2
of this Chapter and of the administrative rules that are applicable to the3
operation of video draw poker devices. The limitation on the number of4
facilities contained in this Subsection shall not apply to any person or entity who5
owns and operates multiple facilities which are located in a publicly owned and6
operated transportation facility offering any transportation to interstate and7
international destinations.8
C. For purposes of Subsection B of this Section, a person shall be9
deemed to own more than one restaurant, bar, tavern, cocktail lounge, or club10
located within a single building or structure when the person has an ownership11
interest in each restaurant, bar, tavern, cocktail lounge, club, or other facility12
located within the single building or structure.13
D. Except as provided in Subsection B or C of this Section or R.S.14
27:414, when a restaurant, bar, tavern, cocktail lounge, or club is owned by one15
person, each establishment shall be physically separate and noncontiguous in16
order to qualify for a license to operate video draw poker devices at each such17
establishment.18
§414. Hotel and motel facilities; criteria19
A licensee owning or leasing a licensed establishment which is a hotel or20
motel which has more than one lounge or facility and which has a Class A-21
General retail permit or a Class A-Restaurant permit, as defined in Part II of22
Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes23
of 1950, to sell alcoholic beverages for on-premises consumption on a single24
licensed premises may make available for play not more than three video draw25
poker devices at each lounge or separate facility, not to exceed a total of twelve26
video draw poker devices for the hotel or motel, if all other requirements of this27
Chapter are met. Each separate lounge or facility shall meet the following28
criteria:29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 15 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(1) It must be a physically separate noncontiguous facility.1
(2) It must have separate and independent beverage preparation areas.2
(3) It must prepare, dispense, and sell alcoholic beverages for on-3
premises consumption.4
(4) It must have a person whose primary duty is tending bar on duty5
while the lounge or facility is open for business and have a permanently affixed6
wet bar facility including plumbing and sinks.7
(5) It must be able to accommodate a minimum of twenty-five patrons.8
§415. Pari-mutuel wagering facility or offtrack wagering facility; no minimum9
wager10
A person owning a Louisiana State Racing Commission licensed pari-11
mutuel wagering facility or an offtrack wagering facility may be granted a12
license for the placement of video draw poker devices in his facility if all other13
requirements of this Chapter are met. There shall be no limit on the number14
of video draw poker devices which may be placed at the facility.15
Notwithstanding any provision of law to the contrary, video draw poker devices16
in these facilities may schedule games with no minimum wager.17
§416. Qualified truck stop facilities; number of devices; fuel sales18
A. A person owning or leasing a qualified truck stop facility may be19
granted a license for the placement of not more than fifty video draw poker20
devices in his facility based on the fuel sales as provided in Subsection C of this21
Section, in an area separated for adult patronage only, if all other requirements22
of this Chapter are met. There shall be only one license granted for the23
operation of video draw poker devices at each qualified truck stop facility.24
B. The qualified truck stop facility shall be owned or leased by a person25
who meets all the personal qualifications for a Class A-General retail permit or26
a Class A-Restaurant permit, as defined in Part II of Chapter 1 or Part II of27
Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, to serve or sell28
alcoholic beverages for on-premises consumption; however, when no such29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 16 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
permit is obtainable or available, no such permit shall be required.1
C. Except as provided in R.S. 27:421, the number of video draw poker2
devices placed at a qualified truck stop facility shall be based on the average3
monthly fuel sales calculated quarterly, using four sets of three calendar4
months, for the first year of and thereafter shall be based upon the average5
monthly fuel sales calculated annually, using a calendar year, as follows:6
(1) One hundred thousand gallons of fuel of which forty thousand7
gallons are diesel - not more than fifty devices.8
(2) Seventy-five thousand gallons of fuel of which thirty thousand9
gallons are diesel - not more than forty devices.10
(3) Fifty thousand gallons of fuel of which ten thousand are diesel - not11
more than thirty-five devices.12
D.(1) The fuel facility shall offer, in the regular course of business, fuel13
sales for individual vehicle consumption.14
(2) Bulk sales or transfers shall not be used to calculate monthly15
averages. All fuel sales must correspond to state-accepted daily sales reports16
which correspond to monthly state sales tax reports and shall be verified by fuel17
tickets from the truck stop facility.18
(3) To be considered a fuel facility at a qualified truck stop facility for19
the purpose of licensing that qualified truck stop to operate video draw poker20
devices, the fuel facility shall not be subject to the fuel sales requirements21
provided for in Subpart E of Part VIII of Chapter 1 of Title 51 of the Louisiana22
Revised Statutes of 1950, comprised of R.S. 51:421 through 427, and the23
requirements of Chapter 13 of Title 51 of the Louisiana Revised Statutes of24
1950.25
(4) The provisions of this Subsection provide for the fuel sales26
requirements for the purpose of licensing criteria for the operation of video27
draw poker devices at a qualified truck stop facility.28
(5) The provisions of this Subsection shall not be construed to repeal,29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 17 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
limit, or supercede any requirements for the sale of fuel by fuel facilities as1
otherwise provided for by law.2
(6) The provisions of this Subsection shall not be construed to repeal,3
limit, or supercede the authority of the office of the attorney general to enforce4
the Unfair Trade Practices or Consumer Protection Law or the authority of any5
district attorney to prosecute violations of Subpart E of Part VIII of Chapter6
1 of Title 51 of the Louisiana Revised Statutes of 1950, comprised of R.S. 51:4217
through 427.8
§417. Qualified truck stop criteria; amenities9
A. As used in this Chapter, a qualified truck stop facility shall mean a10
facility covering at least five developed contiguous acres which sells fuel,11
lubricating oil, and other vehicular merchandise, such as batteries, tires, or12
vehicle parts for eighteen-wheel tractor-trailers, and which also meets all of the13
following criteria:14
(1) It must be located adjacent to a major state or interstate highway,15
as defined by the board or division, where applicable, through rules and16
regulations adopted by the board or division, where applicable, for this purpose,17
subject to legislative oversight.18
(2) It must have an onsite restaurant which, for the purposes of19
qualifying as a qualified truck stop facility, shall be required to have only the20
following features:21
(a) Provides seating for at least fifty patrons.22
(b) Is open at least twelve hours a day.23
(c) Offers a varied menu.24
(d) Operates a fully equipped kitchen which includes but is not limited25
to a range, or an oven, and refrigerated storage appliances used for the26
preparation of foods for on-premises or immediate consumption.27
(3) It must have parking areas with each of the following:28
(a) For issuance of the initial license, a stable parking area for at least29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 18 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
fifty eighteen-wheel tractor-trailer motor vehicles, either paved or concrete, to1
support eighteen-wheel tractor-trailer motor vehicles and their loads,2
constructed according to industry specifications, subject to approval by board3
or the division where applicable. All other parking areas not paved or concrete4
must be certified by an authorized company and proof provided that5
compaction tests were conducted, subject to approval by the division. Once the6
division has approved the parking area and issued a license for the operation of7
video draw poker devices, the continued maintenance of the parking area shall8
not be subject to approval or review by the division.9
(b) Parking of sufficient size is allowed for safe ingress and egress.10
(c) Parking areas for other vehicles around business entrance ways and11
exits shall not constitute parking areas for eighteen-wheel tractor-trailer motor12
vehicles.13
(4) It must have diesel and gasoline fuel facilities.14
(5) It must have onsite repair service facilities for eighteen-wheel15
tractor-trailer motor vehicles. The onsite repair service may be in the form of16
contracted services from a business which regularly offers this type of service.17
A copy of any contractual agreement shall be submitted with the application for18
review and processing.19
(6) It must have at least four of the following amenities, except for20
reason of force majeure affecting the ability to maintain the amenities for a21
reasonable period of time, as determined by the board or division, where22
applicable, following the interruption of such ability:23
(a) A separate truckers' television lounge.24
(b) A full-service laundry facility located in a convenient area for25
truckers' use.26
(c) Private showers for men and women and not located in an area open27
to general public restroom facilities.28
(d) A travel store with items commonly referred to as truckers' supplies29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 19 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(items commonly used only by commercial motor vehicles).1
(e) Truck scales.2
(f) Separate truckers' telephones.3
(g) Permanent storage facilities for fuel.4
(7) It must have an area separated for adult patronage only.5
B. If, for reason of force majeure, the truck stop facility loses the ability6
to maintain one or more of the amenities, it may continue to operate the video7
draw poker devices for a reasonable period of time as determined by the board8
or division, as may be applicable, provided that the owner or lessor of the truck9
stop facility makes every effort to restore the affected amenities as soon as10
practicable.11
C.(1) The criteria and amenity requirements for a qualified truck stop12
facility provided for by this Section shall be suspended for that criteria or13
amenity if any portion of the property upon which a qualified truck stop is14
located is expropriated by the state of Louisiana or one of its political15
subdivisions. The suspension for that criteria or amenity shall remain in effect16
until such time as it is possible for the licensee to meet the requirements of this17
Section. During the period of suspension the licensee may continue to operate18
video draw poker devices without meeting the requirements for that particular19
criteria or amenity affected by the expropriation as otherwise provided for by20
this Section if all other provisions of this Chapter are met.21
(2) The provisions of this Subsection shall not be construed to adversely22
affect parish boundary surveys or good faith reliance upon those surveys as23
provided for in R.S. 27:454.24
D. Except as provided for in Subsections B and C of this Section, the25
criteria and amenities required for a qualified truck stop facility shall be26
operational and maintained in working condition.27
§418. Leasing or subleasing restaurant and convenience stores at qualified28
truck stops; holiday operation29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 20 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
A. An owner or lessor of a qualified truck stop facility may lease or1
sublease any restaurant, convenience store, fuel facility, or any other business2
operation located on the premises of the qualified truck stop facility to another3
person, provided that such person executes a written lease which contains a4
requirement that the lessee or sublessee comply with the laws and regulations5
which govern the operation of video draw poker devices. If such lease or6
sublease is granted, the owner or lessor of such qualified truck stop facility shall7
maintain ultimate supervision and control of his entire truck stop premise. No8
such lessee or sublessee shall be required to meet suitability requirements unless9
he receives, as a result of the lease, any video draw poker device operation10
revenue or unless he exercises some management or control over video draw11
poker devices. Any violation of the laws and regulations which govern the12
operation of video draw poker devices by such lessee or sublessee shall be13
considered a violation by the licensee.14
B. No financial lending institution or pawnshop shall be located on the15
premises of a qualified truck stop facility. Nothing herein shall prohibit the16
placement of automatic teller machines on the premises of a qualified truck17
stop.18
C. Notwithstanding any other provision of law to the contrary, the19
owner or lessor of a qualified truck stop facility may close the restaurant on the20
premises of the qualified truck stop facility during a legal holiday as defined in21
R.S. 1:55(B)(1)(a).22
§419. Truck stop construction; advertising; notice of intent to construct23
A. Any person applying for a license for the placement of video draw24
poker devices at a truck stop facility shall have, prior to any required rezoning,25
construction application, or construction of the truck stop which the applicant26
seeks to establish as a qualified truck stop facility, publish a notice of his27
intention to build a truck stop that may qualify for a license to operate video28
draw poker devices as a qualified truck stop facility.29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 21 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
B. The notice shall be published on two separate days in the official1
journal of the parish where the facility is to be located and in another2
newspaper with a larger circulation within the parish than the official journal3
of the parish, if there is one. All costs associated with publication of this notice4
shall be borne by the person seeking application for a licensed truck stop5
facility.6
C. Requirements for the notice required in this Section shall be7
prescribed by the Louisiana Gaming Control Board, which requirements shall8
include:9
(1) Prominent placement in the newspaper in a section other than the10
classified advertisement or public notice section.11
(2) Formatting in a box with a bolded outline.12
(3) A size of not less than two inches by four inches.13
(4) Print in bold face type.14
(5) The additional publications in the official journal as required by this15
Subsection shall be provided by the official journal at a charge not in excess of16
the rates assessed and charged for regular commercial advertising.17
(6) Failure to timely accomplish such publication shall make an18
application for a licensed truck stop null, void, and of no effect until the person19
seeking application has fully complied with the requirements of advertising20
pursuant to this Section.21
(7) Each person required to publish public notice pursuant to this22
Section shall also provide notice to the local governing authority in its parish or23
district as the case may be.24
D. In addition to the requirements for publication provided for in this25
Section, the person seeking application shall issue a press release to newspapers26
with substantial distribution within the parish where the facility is to be located27
and to area broadcast media.28
§420. Rezoning notice29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 22 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
No license shall be granted for the establishment of a qualified truck stop1
facility at a location that requires or required rezoning to accommodate the2
establishment of the facility unless any signage required to be posted under the3
rezoning requirements in the parish contains in clear and easily readable form4
the information that the rezoning is proposed for consideration to provide for5
the establishment of a qualified truck stop facility.6
§421. Temporary placement of twenty-five video draw poker devices7
A. Any person applying for a truck stop facility license must meet all8
requirements provided by this Chapter prior to licensing. Upon a9
determination by the board that a truck stop facility meets the licensing and10
amenity requirements provided for by this Chapter, up to twenty-five video11
draw poker devices shall be temporarily placed at that facility without the12
requirement that the facility meet the fuel sale requirements as provided for in13
R.S. 27:416(C) for three calendar months. At the end of the first three calendar14
months of fuel sales, the number of video draw poker devices placed at the15
qualified truck stop facility shall be based on the average monthly fuel sales.16
Monthly fuel sales shall be calculated quarterly, using four sets of three17
calendar months, for the first year. For each calendar year thereafter, the18
number of video draw poker devices placed at the qualified truck stop facility19
shall be based upon the average fuel sales calculated annually as provided for20
in this Subsection.21
B. If after a qualified truck stop facility is licensed and an initial22
determination has been made to authorize the placement and operation of23
devices at the facility based upon the average of the fuel sales reports for three24
months, and the qualified truck stop facility thereafter becomes unable to sell25
a sufficient number of gallons of fuel to permit the minimum number of devices26
to be operated at the facility, for reasons of force majeure or due to other27
noncommercial circumstances, such as road or other governmental construction28
projects contiguous to, or otherwise directly affecting the fuel sales of the29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 23 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
qualified truck stop facility as determined by the board or division, where1
applicable, the facility shall continue to be authorized to place and operate the2
number of devices based upon the last average calculation of monthly fuel sales3
reports prior to the interruption in the fuel sales. Upon resolution of the4
reasons causing the reduction in fuel sales, the board or division, where5
applicable, shall use the next three months of monthly fuel sales reports to6
determine the number of devices authorized to be placed and operated at the7
facility.8
§422. Truck stop location; prohibited distances; prohibited structures9
A. No license shall be granted to any qualified truck stop facility located,10
at the time application is made for a license to operate video draw poker11
devices, within one mile from any property on the National Historic Registry,12
any public playground, any residential property, or a building used primarily13
as a church, synagogue, public library, or school. The measurement of the14
distance shall be a straight line from the nearest point of the truck stop facility15
to the nearest point of the property on the National Historic Registry, the public16
playground, residential property, church, synagogue, public library, or school.17
B. After application, the subsequent construction, erection, development,18
or movement of a property identified in Subsection A of this Section which19
causes the location of a qualified truck stop facility to be within the prohibited20
distance shall not be cause for denial of an application or revocation of a license.21
C. The prohibition in Subsection A of this Section shall not apply to the22
location of a qualified truck stop facility which applied for a license or was23
issued a license on or before June 1, 2010. Such location shall be eligible for a24
qualified truck stop facility license without reference to the prohibition in25
Subsection A of this Section unless a qualified truck stop facility has not been26
licensed at that location for thirty-six consecutive months and application for27
licensing is not made within that thirty-six-month period.28
D. The prohibition in Subsection A of this Section shall not apply to the29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 24 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
location of a qualified truck stop facility which has a certificate of compliance1
as required by R.S. 27:452(C) or valid building permit issued by the2
appropriate authority but has not constructed a truck stop. For these locations,3
if application for licensing is made on or before December 31, 2012, the4
prohibited distance shall be in accordance with the following:5
(1) For facilities applying for a certificate of compliance or a building6
permit on or before January 1, 2008, five hundred feet from any property on7
the National Historic Registry, any public playground, or a building used8
primarily as a church, synagogue, public library, or school.9
(2) For facilities applying for a certificate of compliance or a building10
permit after January 1, 2008, but on or before June 1, 2010, two thousand five11
hundred feet from any property on the National Historic Registry, any public12
playground, residential property, or a building used primarily as a church,13
synagogue, public library, or school.14
E. If application for licensing is made after December 31, 2012, the15
prohibition in Subsection A of this Section shall apply.16
F. "Residential property" shall mean any property which is wholly or17
partly used for or intended to be used for living or sleeping by human occupants18
and which includes one or more rooms, including a bathroom and complete19
kitchen facilities. Residential property shall include a mobile home or20
manufactured housing, provided that it shall have been in its present location21
for at least sixty days. Residential property shall not include any hotel or motel.22
§423. Termination of lease of truck stop; effect on operation of devices23
A. If the lease of a truck stop facility, which is a licensed establishment24
for the operation of video draw poker devices, expires or is terminated without25
legal cause by the lessor, then, in either event, neither the lessor nor a new lessee26
shall have the right to apply for a video draw poker device license at the same27
truck stop location for a period of six years from the date of expiration or28
termination of the lease.29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 25 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
B. The former lessee/licensee shall have any of the following rights:1
(1) To continue operations at the licensed facility by agreement with the2
lessor or the new lessee.3
(2) To transfer the existing license to any other new or existing truck4
stop facility which meets all of the qualifying requirements contained in this5
Chapter, except:6
(a) That such former lessee/licensee shall not be required to wait before7
making application and commencing video draw poker operation at a new or8
existing facility.9
(b) That such former lessee/licensee shall be required to perform at the10
new facility any existing sublease or other contracts with licensed device11
owners/operators in effect at the time of expiration or termination of the lease.12
C. Nothing herein shall affect or apply to any truck stop facility in which13
the lessor is the holder of the license for the operation of video poker devices.14
§424. Sale or transfer of license; continued operation of devices15
A. When a licensed establishment which requires an alcoholic beverage16
license as a condition of the receipt of a video draw poker device license is sold17
or transferred, the video gaming devices shall be allowed to continue to operate18
if the new owner applies for a state Class "A" license within fifteen days of19
purchasing the business, and upon issuance of a state Class "A" license, the new20
owner applies for a video draw poker license within fifteen days.21
B. The video draw poker devices shall be allowed to be continued in22
operation under the old license until the issuance of a video draw poker license23
in the name of the owner, until any of the following occur:24
(1) A determination by the board or division, where applicable, that the25
new applicant is unsuitable.26
(2) Denial of the new license application.27
(3) The passage of one hundred eighty days from submission of the28
application to the board or division, where applicable. The provisions of this29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 26 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Subsection shall not apply to new owner applicants for a video draw poker1
license who are licensed at the time of such application; however, if the2
applicant fails to provide requested information to the board or division, where3
applicable, in a timely manner, the devices may be disabled after one hundred4
eighty days have elapsed.5
C. The board or division, where applicable, shall adopt and promulgate6
rules to implement this Section.7
D. All establishment licensees shall within five days of the change in8
ownership notify the board or division, where applicable, in writing, of any facts9
which indicate that the licensed establishment has had a change in ownership.10
This notification requirement shall only apply to device owners when they have11
been given notice by certified mail of the change in ownership. The device12
owner when given notice by certified mail of the change in ownership shall13
notify the board or division, where applicable, within five days of receipt of the14
notice of the change in ownership of the licensed establishment.15
§425. Tax clearance16
A. Each applicant for a license or renewal of a license shall provide to17
the board or division, where applicable, in addition to the application form a18
signed sales tax clearance from the secretary of the Department of Revenue,19
which clearance request shall be processed within seven business days.20
B. No license shall be granted to any applicant unless he has submitted21
proof to the board or division, where applicable, as required in this Section, that22
he does not owe the state or local governing authority of the parish or23
municipality in which the establishment is located any delinquent sales taxes,24
penalties, or interest, excluding items under formal appeal or protest as25
provided by law.26
C. When an applicant for a license files its application with the board27
or division, where applicable, the applicant shall send notice with a copy of the28
application to the local governing authority and submit evidence of the29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 27 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
notification to the board or division, where applicable.1
§426. Affidavit application for three machine locations2
A. Prior to the expiration of the license term, a licensee who is licensed3
under the provisions of this Chapter for the placement of not more than three4
video draw poker devices in an approved, qualified establishment shall apply5
for renewal of the license by completing an affidavit in a form approved by the6
Louisiana Gaming Control Board that certifies that there have been no changes7
in the prior qualification and suitability information previously furnished to the8
board. This affidavit shall be executed by the licensee and each person required9
to meet qualification and suitability requirements under R.S. 27:427, provided10
that the licensee or person previously submitted all information required by the11
board in its initial suitability determination. Notwithstanding the above, the12
licensee and all persons required to meet suitability shall furnish such releases,13
affidavits, and documents as may be required by the board. Additionally, the14
licensee shall furnish with each renewal application all of the following:15
(1) A current local sales tax clearance certificate.16
(2) A current local governing authority and taxing authority17
notification.18
(3) A current state sales tax clearance certificate.19
(4) A Class A-General retail permit or a Class A-Restaurant permit, as20
defined in Part II of Chapter 1 or Part II of Chapter 2 of Title 26 of the21
Louisiana Revised Statutes of 1950, to sell alcoholic beverages for consumption22
on the premises.23
B. Failure to disclose changes in prior qualification and suitability24
information shall result in denial of the renewal application or revocation of the25
video draw poker gaming license.26
C.(1) It shall be unlawful for any person intentionally to submit a false27
affidavit under this Subsection or to make or cause to be made or aid, assist, or28
procure another to make or submit a false affidavit.29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 28 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2) Whoever is convicted of violating the provisions of this Subsection1
shall be imprisoned, with or without hard labor, for not more than ten years or2
be fined not more than ten thousand dollars, or both.3
D. The provisions of this Section shall not apply to, and affidavits shall4
not be used for renewal of, a license for the operation of video draw poker5
devices at a hotel or motel, a Louisiana State Racing Commission licensed pari-6
mutuel wagering facility, an offtrack wagering facility, or a qualified truck stop7
facility.8
PART IV. SUITABILITY9
§427. Suitability requirements10
A. No person may be eligible to apply or be granted a license under the11
provisions of this Chapter if he has been convicted in any jurisdiction of any of12
the following offenses within ten years prior to the date of the application or less13
than ten years has elapsed between the date of application and the successful14
completion or service of any sentence, deferred adjudication, or period of15
probation or parole for any of the following:16
(1) Any offense punishable by imprisonment for more than one year.17
(2) Theft or any crime involving false statements or declarations.18
(3) Gambling as defined by the laws or ordinances of any municipality,19
any parish, any state, or the United States.20
B.(1) No person shall be granted a license under the provisions of this21
Chapter unless the applicant has demonstrated to the board or division, where22
applicable, that he is suitable for licensing. For purposes of this Chapter,23
suitability means the applicant or licensee is:24
(a) A person of good character, honesty, and integrity.25
(b) A person whose prior activities, arrest or criminal record if any,26
reputation, habits, and associations do not pose a threat to the public interest27
of this state or to the effective regulation of video draw poker, and do not create28
or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 29 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
operations in the activities authorized by this Chapter and financial1
arrangements incidental thereto.2
(c) Likely to conduct business as authorized by this Chapter in complete3
compliance with the provisions of this Chapter.4
(d) Not prohibited from making application or disqualified from5
licensure under the provisions of Subsection A of this Section.6
(e) A person who does not owe the state or local governing authority of7
the parish or municipality in which the establishment is located any delinquent8
sales taxes, penalties, or interest, excluding items under formal appeal or protest9
as provided by law.10
(2) An applicant who is not disqualified from making application or11
licensure as a result of Subsection A of this Section shall still be required to12
demonstrate to the board or division, where applicable, that he otherwise meets13
the remaining requirements for suitability, particularly those contained in14
Subparagraphs (1)(a), (b), and (c) of this Subsection. Evidence of or relating15
to an arrest, summons, charge, or indictment of an applicant, or the dismissal16
thereof, shall be considered by the board or division, where applicable, even if17
the arrest, summons, charge, or indictment results in acquittal, deferred18
adjudication, probation, parole, or pardon.19
(3) Any person who has been granted a Class-A General Retail permit20
or a Class-A Restaurant permit as defined in Part II of Chapter 1 or Part II of21
Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, and meets the22
other requirements within this Chapter shall be granted a license, including23
renewals, by the board or division, where applicable, to operate a maximum of24
three video draw poker devices at a restaurant, bar, tavern, or cocktail lounge25
under the provisions of this Section without having to additionally meet any26
other suitability requirements found in Subsections A, B, D, F, and G of this27
Section. The provisions of this Paragraph shall apply only to licenses to operate28
a maximum of three video draw poker devices as provided for in R.S.29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 30 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
27:412(B)(1).1
C. All licensees and persons required to be qualified under this Chapter2
shall have a continuing duty to inform the board or division, where applicable,3
of any action which they believe would constitute a violation of this Chapter.4
No person who so informs the board or division, where applicable, shall be5
discriminated against by an applicant or licensee because of supplying such6
information.7
D. Every person who has or controls directly or indirectly more than a8
five percent ownership, income, or profit interest in an entity which has or9
applies for a license in accordance with the provisions of this Chapter, or who10
receives more than five percent revenue interest in the form of a commission,11
finder's fee, loan repayment, or any other business expense related to the12
gaming operation, or who has the ability, in the opinion of the board or division,13
where applicable, to exercise a significant influence over the activities of a14
licensee authorized or to be authorized by this Chapter, shall meet all suitability15
requirements and qualifications for licensees. For the purposes of this Chapter,16
all gaming related associations, outstanding loans, promissory notes, or other17
financial indebtedness of an applicant or licensee must be revealed to the board18
or division, where applicable, for the purposes of determining significant19
influence and suitability.20
E. A person whose application for a license has been denied, or whose21
license has been issued subject to a condition or suspended or revoked, or22
against whom a fine has been levied has the right to a hearing in accordance23
with the provisions of R.S. 27:25 and 26.24
F. Notwithstanding the provisions of Subsection D of this Section, if any25
person required to be found qualified or suitable pursuant to Subsection D of26
this Section fails to provide all or part of the documents or information required27
by the Louisiana Gaming Control Board or the board or division, where28
applicable, and if, as a result, any person holding a license issued pursuant to29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 31 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the provisions of this Chapter is not or may no longer be qualified or suitable,1
the board shall issue, under penalty of revocation of the license, a condition2
naming the person who failed to provide all or part of the documents or3
information required by the board or the division, where applicable, and4
declaring that such person may not:5
(1) Receive dividends or interest on securities of a corporation holding6
a license, if the person has or controls directly or indirectly more than a five7
percent ownership, income, or profit interest in such corporation.8
(2) Exercise directly, or through a trustee or nominee, a right conferred9
by securities of a corporation holding a license, if the person has or controls10
directly or indirectly more than a five percent ownership, income, or profit11
interest in such corporation.12
(3) Receive remuneration or other economic benefit from any person13
holding a license issued pursuant to the provisions of this Chapter.14
(4) Exercise significant influence over the activities of a person holding15
a license issued pursuant to the provisions of this Chapter.16
(5) Continue owning or holding a security of a corporation holding a17
license if the person has or controls directly or indirectly more than a five18
percent ownership, income, or profit interest in such corporation.19
G.(1) An institutional investor otherwise required to be found suitable20
or qualified pursuant to the provisions of this Chapter and the rules adopted21
pursuant thereto shall be presumed suitable or qualified upon submitting22
documentation sufficient to establish qualifications as an institutional investor23
as provided herein, and upon certifying that:24
(a) It owns, holds, or controls publicly traded securities issued by a25
licensee or permittee or a holding, intermediate, or parent company of a licensee26
or permittee in the ordinary course of business for investment purposes only.27
(b) It does not exercise influence over the affairs of the issuer of such28
securities or over any licensed or permitted subsidiary of the issuer of such29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 32 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
securities.1
(c) It does not intend to exercise influence over the affairs of the issuer2
of such securities, or over any licensed or permitted subsidiary of the issuer of3
such securities, in the future, and that it agrees to notify the board in writing4
within thirty days if such intent should change.5
(2) The exercise of voting privileges with regard to publicly traded6
securities shall not be deemed to constitute the exercise of influence over the7
affairs of a licensee.8
(3) The provisions of this Subsection shall not be construed to preclude9
the Louisiana Gaming Control Board or the board or division, where10
applicable, from investigating the suitability or qualifications of an institutional11
investor should the Louisiana Gaming Control Board or division become aware12
of facts or information which may result in such institutional investor being13
found unsuitable or disqualified.14
H.(1) On or after August 15, 2009, a licensee who employs a designated15
representative at a licensed qualified truck stop facility, Louisiana State Racing16
Commission licensed pari-mutuel wagering facility, or an offtrack wagering17
facility shall do all of the following prior to employing the person:18
(a) Obtain conviction records of an applicant seeking employment as a19
designated representative pursuant to the provisions of R.S. 15:587(E).20
(b) Determine that, based upon those conviction records, the applicant21
meets the suitability requirements provided for in Subsection A of this Section.22
(2) The licensee shall have a continuing duty to inform the board or23
division, where applicable, of any action taken by the designated representative24
which they believe would constitute a violation of this Chapter.25
(3) The licensee shall maintain the information required by the26
provisions of this Subsection and have it readily available for inspection by the27
board or division, where applicable.28
§428. (Reserved)29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 33 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
PART V. REGULATION AND ENFORCEMENT1
§429. Regulation of video draw poker devices; Louisiana Gaming Control2
Board; gaming division3
A. The Louisiana Gaming Control Board shall perform the duties and4
functions as authorized by the provisions of this Chapter and the regulatory5
authority with respect to the regulation of video draw poker devices as provided6
by R.S. 27:15.7
B. The Department of Public Safety and Corrections, office of state8
police, gaming division, shall perform the duties and functions as authorized by9
the provisions of this Chapter and the provisions of R.S. 27:20.10
§430. Rules and regulations; reporting to board or division11
A. The board or division, where applicable, shall promulgate rules and12
regulations for the counting and collecting of all net device revenues and for the13
timely payment of all license fees and penalties. The board or division, where14
applicable, may institute proceedings for the collection of fees and penalties.15
B. Each month, the device owner must give the board or division, where16
applicable, a report containing the:17
(1) Serial number of each video draw poker device.18
(2) Name and address of the establishment where each device is located.19
(3) Computer printouts of the net revenue of each device taken directly20
from the device's electronic accounting devices, if requested by the board or21
division, where applicable.22
C. The board or division, where applicable, may require any device23
owner to maintain or submit any data, information, record, or reports required24
by this Chapter in any computer form, program, or storage consistent with its25
recordkeeping or computer system or access. Any rule or regulation26
promulgated pursuant to this Subsection shall apply to the records of all device27
owners.28
D. Video draw poker devices placed in a licensed establishment which29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 34 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
is a restaurant shall be operated and played only in a designated area, as1
approved by the board or division, where applicable, which is separated from2
restaurant patrons seated in the dining area of the restaurant.3
E. Except for a uniform logo and advertising notice approved by the4
board or division, where applicable, the board or division, where applicable,5
may promulgate rules to prohibit licensed establishments from advertising6
video gaming activities on the outside of the premises where video gaming7
devices are located.8
F.(1) The board or division, where applicable, may establish by rule9
criteria for the physical placement of video draw poker devices within a licensed10
establishment.11
(2) Any establishment which allows minors to enter the area where video12
draw poker devices are located or operated shall separate any video draw poker13
devices from the sight of any minor by placing a partition of at least five feet in14
height between the video draw poker devices and in any area where a minor15
may be present.16
§§431 - 434. (Reserved)17
PART VI. FRANCHISE PAYMENTS, FEES, DISTRIBUTION OF REVENUE18
§§435 - 439. (Reserved)19
PART VII. CRIMES AND PROHIBITED CONDUCT20
§§440 - 444. (Reserved)21
PART VIII. VIDEO DRAW POKER EMPLOYEE PERMITS22
§§445 - 450. (Reserved)23
PART IX. MISCELLANEOUS24
§§451 - 457. (Reserved)25
CHAPTER 8. 9. MISCELLANEOUS GAMING PROVISIONS26
§401. 501. Potential problems with gaming and gambling; educational program27
A. The Department of Health and Hospitals, office of behavioral health, shall28
develop and fund a program for educating students in public and nonpublic29 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 35 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
elementary and secondary schools about the potential problems associated with1
gaming and gambling.2
B. The state Department of Education shall implement the program in public3
elementary and secondary schools and shall make the program available to nonpublic4
elementary and secondary schools.5
C. The program may be implemented through or in association with the6
statewide D.A.R.E. program or a similar program.7
§402. 502. Raffles under two hundred fifty dollars8
A. Notwithstanding any provision of law to the contrary, a raffle or raffles9
may be conducted by any person twenty-one years of age or older for any purpose10
provided that the value of the prize played for does not exceed two hundred fifty11
dollars.12
B. For purposes of this Section, "raffle" or "raffles" means any game of13
chance played by drawing for prizes or the allotment of prizes by chance, by the14
selling of shares, tickets, or rights to participate in such game or games, or by15
conducting the game or games accordingly.16
Section 3. Chapter 6 of Title 27 of the Louisiana Revised Statutes of 1950,17
comprised of R.S. 27:301 through 326, is hereby repealed in its entirety.18
Section 4. The Louisiana Legislature hereby renumbers and redesignates the19
following provisions in the reserved provisions of this Act as follows: R.S. 27:303 as R.S.20
27:409, R.S. 27:304 as R.S. 27:410, R.S. 27:305 as R.S. 27:411, R.S. 27:311.7 as R.S.21
27:428, R.S. 27:308 as R.S. 27:431, R.S. 27:308.1 as R.S. 27:432, R.S. 27:308.2 as R.S.22
27:433, R.S. 27:313 as R.S. 27:434, R.S. 27:311 as R.S. 27:435, R.S. 27:311.9 as R.S.23
27:436, R.S. 27:312 as R.S. 27:437, R.S. 27:318 as R.S. 27:438, R.S. 27:323 as R.S. 27:439,24
R.S. 27:309 as R.S. 27:440, R.S. 27:315 as R.S. 27:441, R.S. 27:316 as R.S. 27:442, R.S.25
27:319 as R.S. 27:443, R.S. 27:322 as R.S. 27:444, R.S. 27:311.1 as R.S. 27:445, R.S.26
27:311.2 as R.S. 27:446, R.S. 27:311.3 as R.S. 27:447, R.S. 27:311.4 as R.S. 27:448, R.S.27
27:311.5 as R.S. 27:449, R.S. 27:311.6 as R.S. 27:450, R.S. 27:314 as R.S. 27:451, R.S.28
27:324 as R.S. 27:452, R.S. 27:320 as R.S. 27:453, R.S. 27:326 as R.S. 27:454, R.S. 27:31729 SB NO. 575
SLS 12RS-785 ORIGINAL
Page 36 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
as R.S. 27:455, R.S. 27:325 as R.S. 27:456, and R.S. 27:311.8 as R.S. 27:457.1
Section 5. The Louisiana State Law Institute is hereby directed to make technical2
changes to statutory laws as necessary to reflect the name changes provided for in this Act.3
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cathy R. Wells.
DIGEST
Present law provides for the operation of video draw poker devices.
Present law provides for the regulation of video draw poker device operations by the La.
Gaming Control Board and the office of state police, gaming division.
Proposed law retains present law.
Present law authorizes DPS&C, state police gaming division, to issue renewals of licenses
for the operation of video draw poker devices at facilities with no more than three video
draw poker devices at their licensed establishments.
Proposed law authorizes the issuance of new licenses as well as license renewals of three
machine locations.
Present law provides that a person who has an alcoholic beverage permit for on premises
consumption of alcohol may be granted a license to operate no more than three video draw
poker devices at that premises.
Present law provides suitability requirements for the issuance of video draw poker licenses
and qualification criteria for the issuance of permits for the consumption of alcoholic
beverages on the premises of a restaurant or bar.
Proposed law retains the provisions of present law and further provides that if a person has
met the qualifications for the granting of a permit to sell alcoholic beverages on the premises
of a restaurant or bar, they are not required to meet the suitability requirements for the
issuance of a video draw poker license to operate three video draw poker devices.
Present law defines a "video draw poker device" as any unit, mechanism, or device
authorized that, upon insertion of cash, is available to play or simulate the play of the game
of draw poker or other card games approved by the division, utilizing a cathode ray tube or
video display screen and microprocessors in which the player may win games or credits that
can be redeemed for cash only.
Proposed law changes present law to provide that games other than card games may be
authorized by the La. Gaming Control Board or the division, and excludes line up games,
mechanical reel games, and slot machines from the definition of a video draw poker device.
Present law provides for specifications of video draw poker devices.
Proposed law deletes the requirement that meters in video draw poker devices be mechanical
meters and removes certain present law specifications for video draw poker devices which
have become technologically obsolete and otherwise retains present law regarding device
specifications.
Present law requires that qualified truck stop facilities have stabilized parking areas as a
criteria for licensing as a qualified truck stop. SB NO. 575
SLS 12RS-785 ORIGINAL
Page 37 of 37
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides that the parking requirements are mandatory for initial licensing, but
that once the division has approved the parking area and issued a license for the operation
of video draw poker devices, the continued maintenance of the parking area shall not be
subject to approval or review by the division.
Proposed law provides for the statutory reorganization of the provisions of present law
regarding the licensing and operation of video draw poker devices.
Effective August 1, 2012.
(Amends R.S. 14:90(C), R.S. 27:20(A)(1)(d)(ii) and R.S. 27:401-457; adds R.S. 27:501-
502; repeals R.S. 27:301-326)