Louisiana Senate Bill SB575 Engrossed / Bill

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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
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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
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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
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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
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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
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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 card games approved by the board or division, where applicable, utilizing8
a 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
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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
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(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 card games as are approved by the board or division, where28
applicable, and have the following method of operation:29 SB NO. 575
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(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, March 31, 2001,23
February 14, 2005, and December 16, 2005. Any authorization of a multi-hand24
game by the board or division, where applicable, in violation of this Paragraph25
shall be null and void.26
D. A video draw poker device may have a mechanism that accepts cash27
in the form of bills with a denomination not to exceed twenty dollars.28
E. The board or division, where applicable, may provide for additional29 SB NO. 575
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specifications for devices to be approved and authorized pursuant to the1
provisions of this Chapter as it deems necessary to maintain the integrity of2
video draw poker devices and operations.  The board or division, where3
applicable, shall not provide for any additional specifications which would have4
the effect of reducing to fewer than four the number of manufacturers who5
make devices that meet the specifications of this Chapter.6
§406.  Ticket vouchers and accounting tickets7
A. Each video draw poker device must be capable of printing a ticket8
voucher for the player at the completion of each game. If credits are owed the9
player, the ticket must contain each of the following:10
(1)  The name of the licensed establishment.11
(2)  The address of the establishment.12
(3)  The value of the prize in numbers.13
(4)  The value of the prize in words.14
(5) The time of day, in hours and minutes in a twenty-four-hour format.15
(6)  The date.16
(7)  The device license number or serial number up to eight digits.17
(8)  The sequential number of the ticket voucher.18
(9) An encrypted validation number from which the validity of the prize19
can be determined.20
B. An exact copy of each printed ticket voucher must be printed and21
retained within the device, or other means of capturing and retaining an22
electronic copy of the ticket data as approved by the board or division, where23
applicable, for a minimum of five thousand tickets. If a thermal printer is used24
and the duplicate information is stored electronically in the device, any25
duplicate voucher printed by the device must have the prominent word26
"DUPLICATE" printed on the face of the voucher.27
C. Each video draw poker device must issue, by activation of an external28
switch, an accounting ticket containing a performance synopsis of the device.29 SB NO. 575
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The ticket must contain:1
(1)  The name of the licensed establishment.2
(2)  The address of the establishment.3
(3)  The license number of the device.4
(4) The time of day, in hours and minutes in a twenty-four-hour format.5
(5)  The date.6
(6)  The electronic meter readings required by this Chapter.7
§407.  Games without minimum wager; Orleans excepted8
A. Notwithstanding any provision of law to the contrary, video draw9
poker devices in any facility licensed pursuant to this Chapter, in any parish10
other than Orleans, may schedule games with no minimum wager.  A video11
draw poker device may accept coins in the amount of the minimum wager12
offered by that device. Video draw poker devices may accept coins or currency13
of denominations of multiples of the minimum wager but shall provide one14
game for each amount of the minimum wager deposited in that video draw15
poker device. The provisions of this Subsection shall not be construed to affect16
the limitations on the amount of money played and the limitation on the value17
of prizes established in R.S. 27:410.18
B. Video draw poker devices in any facility licensed pursuant to this19
Chapter located in Orleans Parish may schedule games with such minimum20
wager as may be approved by the board or division, where applicable, provided21
it has been determined by the Louisiana Gaming Control Board that permitting22
such minimum wager in Orleans Parish will not violate any of the terms or23
provisions of Section 1.3 of the Amended and Renegotiated Casino Operating24
Contract entered into pursuant to R.S. 27:201 et seq., on October 30, 1998, as25
amended, effective October 19, 1999, March 29, 2001, March 31, 2001,26
February 14, 2005, and December 16, 2005. Any change to the minimum wager27
in violation of this Subsection shall be null and void.28
§408.  Progressive jackpots29 SB NO. 575
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A progressive jackpot may be offered for play at a licensed facility if the1
video draw poker devices are located at the same facility. The video draw poker2
devices at a licensed facility may be linked in order to offer a pooled or3
progressive jackpot. This jackpot shall not exceed the current single game4
payout maximum provided for in R.S. 27:410. Multi-tiered progressive shall be5
permitted as long as the progressive value does not exceed the single game6
payout maximum.7
§409 through 411.  (Reserved)8
PART III.  LICENSING AND TYPES OF LICENSES9
§412.  State license qualifications; types of licenses10
A.(1)  The legislature hereby recognizes the importance of a controlled11
gaming industry to the development of the economy of the state of Louisiana.12
The legislature further recognizes that the success and growth of gaming are13
dependent upon public confidence and trust that gaming activities and14
particularly video draw poker gaming activities are conducted honestly and are15
free from criminal and corruptive elements.16
(2) The state of Louisiana has a legitimate interest in providing strict17
regulation of all persons, practices, associations, and activities related to the18
operation of licensed establishments licensed to offer video draw poker devices,19
and the manufacture, supply, or distribution of video draw poker gaming20
devices and supplies, in order to maintain public confidence and trust in the21
video draw poker gaming industry.22
(3)  The legislature hereby finds that the types of establishments which23
may place video draw poker devices at their licensed establishments each24
possess unique features, some of which are volume of business, number of25
establishments, and hours required of the board or division, where applicable,26
to ensure suitability prior to licensing. Therefore, in order to provide the most27
effective regulation and control of the video draw poker gaming industry, it is28
necessary to develop three categories of licenses which may be issued to29 SB NO. 575
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qualified establishments for the privilege of operating video draw poker devices.1
B. The three categories of licenses which may be issued to qualified2
establishments for the operation of video draw poker devices are as follows:3
(1) A license to operate a maximum of three video draw poker devices4
at establishments licensed to sell alcoholic beverages for consumption on the5
premises of the establishment as provided for in R.S. 27:413.6
(2) A license to operate a maximum of fifty video draw poker devices at7
qualified truck stop facilities as provided for in R.S. 27:416.8
(3) A license to operate an unlimited number of video draw poker9
devices at a licensed pari-mutuel wagering facility or an offtrack wagering10
facility as provided for in R.S. 27:415.11
C.  A licensee may not have on the premises or make available for play12
on the premises of the licensed establishment more video draw poker devices13
than as provided in this Section.14
§413. Licenses to operate video draw poker devices at certain alcoholic15
beverage facilities; multiple facilities16
A. A person who has been granted a Class A-General retail permit or17
a Class A-Restaurant permit, as defined in Part II of Chapter 1 or Part II of18
Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, to sell alcoholic19
beverages for consumption on the premises of a restaurant, bar, tavern, cocktail20
lounge, club only, or such an establishment located within a motel or hotel only21
may be granted a license for the placement of not more than three video draw22
poker devices in his licensed establishment.23
B. A person who is the owner of more than one restaurant, bar, tavern,24
cocktail lounge, or club which is located within a single building or structure,25
and who has been granted a Class A-General retail permit or a Class A-26
Restaurant permit, as defined in Part II of Chapter 1 or Part II of Chapter 2 of27
Title 26 of the Louisiana Revised Statutes of 1950, to sell alcoholic beverages for28
consumption on the premises of each such facility, may make available for play29 SB NO. 575
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not more than three video draw poker devices at each separate facility, not to1
exceed a total of nine video draw poker devices for the single building or2
structure, if that person and each facility complies with all other requirements3
of this Chapter and of the administrative rules that are applicable to the4
operation of video draw poker devices.  The limitation on the number of5
facilities contained in this Subsection shall not apply to any person or entity who6
owns and operates multiple facilities which are located in a publicly owned and7
operated transportation facility offering any transportation to interstate and8
international destinations.9
C. For purposes of Subsection B of this Section, a person shall be10
deemed to own more than one restaurant, bar, tavern, cocktail lounge, or club11
located within a single building or structure when the person has an ownership12
interest in each restaurant, bar, tavern, cocktail lounge, club, or other facility13
located within the single building or structure.14
D. Except as provided in Subsection B or C of this Section or R.S.15
27:414, when a restaurant, bar, tavern, cocktail lounge, or club is owned by one16
person, each establishment shall be physically separate and noncontiguous in17
order to qualify for a license to operate video draw poker devices at each such18
establishment.19
§414.  Hotel and motel facilities; criteria20
A licensee owning or leasing a licensed establishment which is a hotel or21
motel which has more than one lounge or facility and which has a Class A-22
General retail permit or a Class A-Restaurant permit, as defined in Part II of23
Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes24
of 1950, to sell alcoholic beverages for on-premises consumption on a single25
licensed premises may make available for play not more than three video draw26
poker devices at each lounge or separate facility, not to exceed a total of twelve27
video draw poker devices for the hotel or motel, if all other requirements of this28
Chapter are met. Each separate lounge or facility shall meet the following29 SB NO. 575
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criteria:1
(1)  It must be a physically separate noncontiguous facility.2
(2) It must have separate and independent beverage preparation areas.3
(3) It must prepare, dispense, and sell alcoholic beverages for on-4
premises consumption.5
(4)  It must have a person whose primary duty is tending bar on duty6
while the lounge or facility is open for business and have a permanently affixed7
wet bar facility including plumbing and sinks.8
(5) It must be able to accommodate a minimum of twenty-five patrons.9
§415. Pari-mutuel wagering facility or offtrack wagering facility; no minimum10
wager11
A person owning a Louisiana State Racing Commission licensed pari-12
mutuel wagering facility or an offtrack wagering facility may be granted a13
license for the placement of video draw poker devices in his facility if all other14
requirements of this Chapter are met. There shall be no limit on the number15
of video draw poker devices which may be placed at the facility.16
Notwithstanding any provision of law to the contrary, video draw poker devices17
in these facilities may schedule games with no minimum wager.18
§416.  Qualified truck stop facilities; number of devices; fuel sales19
A. A person owning or leasing a qualified truck stop facility may be20
granted a license for the placement of not more than fifty video draw poker21
devices in his facility based on the fuel sales as provided in Subsection C of this22
Section, in an area separated for adult patronage only, if all other requirements23
of this Chapter are met. There shall be only one license granted for the24
operation of video draw poker devices at each qualified truck stop facility.25
B. The qualified truck stop facility shall be owned or leased by a person26
who meets all the personal qualifications for a Class A-General retail permit or27
a Class A-Restaurant permit, as defined in Part II of Chapter 1 or Part II of28
Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, to serve or sell29 SB NO. 575
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alcoholic beverages for on-premises consumption; however, when no such1
permit is obtainable or available, no such permit shall be required.2
C. Except as provided in R.S. 27:421, the number of video draw poker3
devices placed at a qualified truck stop facility shall be based on the average4
monthly fuel sales calculated quarterly, using four sets of three calendar5
months, for the first year of operation and thereafter shall be based upon the6
average monthly fuel sales calculated annually, using a calendar year, as7
follows:8
(1) One hundred thousand gallons of fuel of which forty thousand9
gallons are diesel - not more than fifty devices.10
(2) Seventy-five thousand gallons of fuel of which thirty thousand11
gallons are diesel - not more than forty devices.12
(3) Fifty thousand gallons of fuel of which ten thousand are diesel - not13
more than thirty-five devices.14
D.(1) The fuel facility shall offer, in the regular course of business, fuel15
sales for individual vehicle consumption.16
(2) Bulk sales or transfers shall not be used to calculate monthly17
averages. All fuel sales must correspond to state-accepted daily sales reports18
which correspond to monthly state sales tax reports and shall be verified by fuel19
tickets from the truck stop facility.20
(3)  To be considered a fuel facility at a qualified truck stop facility for21
the purpose of licensing that qualified truck stop to operate video draw poker22
devices, the fuel facility shall not be subject to the fuel sales requirements23
provided for in Subpart E of Part VIII of Chapter 1 of Title 51 of the Louisiana24
Revised Statutes of 1950, comprised of R.S. 51:421 through 427, and the25
requirements of Chapter 13 of Title 51 of the Louisiana Revised Statutes of26
1950.27
(4) The provisions of this Subsection provide for the fuel sales28
requirements for the purpose of licensing criteria for the operation of video29 SB NO. 575
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draw poker devices at a qualified truck stop facility.1
(5) The provisions of this Subsection shall not be construed to repeal,2
limit, or supercede any requirements for the sale of fuel by fuel facilities as3
otherwise provided for by law.4
(6) The provisions of this Subsection shall not be construed to repeal,5
limit, or supercede the authority of the office of the attorney general to enforce6
the Unfair Trade Practices or Consumer Protection Law or the authority of any7
district attorney to prosecute violations of Subpart E of Part VIII of Chapter8
1 of Title 51 of the Louisiana Revised Statutes of 1950, comprised of R.S. 51:4219
through 427.10
§417.  Qualified truck stop criteria; amenities11
A.  As used in this Chapter, a qualified truck stop facility shall mean a12
facility covering at least five developed contiguous acres which sells fuel and13
which also meets all of the 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, with all seats located22
within a centralized area.23
(b)  Is open at least twelve hours a day.24
(c)  Offers a varied menu.25
(d) Operates a fully equipped kitchen which includes but is not limited26
to a range, or an oven, and refrigerated storage appliances used for the27
preparation of foods for on-premises or immediate consumption.28
(3)  It must have parking areas with each of the following:29 SB NO. 575
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(a) For issuance of the initial license, a stable parking area for at least1
fifty eighteen-wheel tractor-trailer motor vehicles, either paved or concrete, to2
support eighteen-wheel tractor-trailer motor vehicles and their loads,3
constructed according to industry specifications, subject to approval by board4
or the division where applicable. All other parking areas not paved or concrete5
must be certified by an authorized company and proof provided that6
compaction tests were conducted, subject to approval by the division. Once the7
division has approved the parking area and issued a license for the operation of8
video draw poker devices, the continued maintenance of the parking area shall9
not be subject to approval or review by the division.10
(b)  Parking of sufficient size is allowed for safe ingress and egress.11
(c) Parking areas for other vehicles around business entrance ways and12
exits shall not constitute parking areas for eighteen-wheel tractor-trailer motor13
vehicles.14
(4)  It must have diesel and gasoline fuel facilities.15
(5) It must have onsite repair service facilities for eighteen-wheel16
tractor-trailer motor vehicles. The onsite repair service may be in the form of17
contracted services from a business which regularly offers this type of service.18
A copy of any contractual agreement shall be submitted with the application for19
review and processing.20
(6) It must have at least four of the following amenities, except for21
reason of force majeure affecting the ability to maintain the amenities for a22
reasonable period of time, as determined by the board or division, where23
applicable, following the interruption of such ability:24
(a)  A separate truckers' television lounge.25
(b)  A full-service laundry facility located in a convenient area for26
truckers' use.27
(c) Private showers for men and women and not located in an area open28
to general public restroom facilities.29 SB NO. 575
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(d) A travel store with items commonly referred to as truckers' supplies1
(items commonly used only by commercial motor vehicles).2
(e)  Truck scales.3
(f)  Separate truckers' telephones.4
(g)  Permanent storage facilities for fuel.5
(7)  It must have an area separated for adult patronage only.6
B. If, for reason of force majeure, the truck stop facility loses the ability7
to maintain one or more of the amenities or criteria required in Subsection A8
of this Section, it may continue to operate the video draw poker devices for a9
reasonable period of time as determined by the board or division, as may be10
applicable, provided that the owner or lessor of the truck stop facility makes11
every effort to restore the affected amenities as soon as practicable.12
C.(1) The criteria and amenity requirements for a qualified truck stop13
facility provided for by this Section shall be suspended for that criteria or14
amenity if any portion of the property upon which a qualified truck stop is15
located is expropriated by the state of Louisiana or one of its political16
subdivisions. The suspension for that criteria or amenity shall remain in effect17
until such time as it is possible for the licensee to meet the requirements of this18
Section. During the period of suspension the licensee may continue to operate19
video draw poker devices without meeting the requirements for that particular20
criteria or amenity affected by the expropriation as otherwise provided for by21
this Section if all other provisions of this Chapter are met.22
(2) The provisions of this Subsection shall not be construed to adversely23
affect parish boundary surveys or good faith reliance upon those surveys as24
provided for in R.S. 27:454.25
D. Except as provided for in Subsections B and C of this Section, the26
criteria and amenities required for a qualified truck stop facility shall be27
operational and maintained in working condition.28
§418. Leasing or subleasing restaurant and convenience stores at qualified29 SB NO. 575
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truck stops; holiday operation1
A. An owner or lessor of a qualified truck stop facility may lease or2
sublease any restaurant, convenience store, fuel facility, or any other business3
operation located on the premises of the qualified truck stop facility to another4
person, provided that such person executes a written lease which contains a5
requirement that the lessee or sublessee comply with the laws and regulations6
which govern the operation of video draw poker devices.  If such lease or7
sublease is granted, the owner or lessor of such qualified truck stop facility shall8
maintain ultimate supervision and control of his entire truck stop premise. No9
such lessee or sublessee shall be required to meet suitability requirements unless10
he receives, as a result of the lease, any video draw poker device operation11
revenue or unless he exercises some management or control over video draw12
poker devices. Any violation of the laws and regulations which govern the13
operation of video draw poker devices by such lessee or sublessee shall be14
considered a violation by the licensee.15
B. No financial lending institution or pawnshop shall be located on the16
premises of a qualified truck stop facility. Nothing herein shall prohibit the17
placement of automatic teller machines on the premises of a qualified truck18
stop.19
C. Notwithstanding any other provision of law to the contrary, the20
owner or lessor of a qualified truck stop facility may close the restaurant on the21
premises of the qualified truck stop facility during a legal holiday as defined in22
R.S. 1:55(B)(1)(a).23
§419.  Truck stop construction; advertising; notice of intent to construct24
A. Any person applying for a license for the placement of video draw25
poker devices at a truck stop facility shall have, prior to any required rezoning,26
construction application, or construction of the truck stop which the applicant27
seeks to establish as a qualified truck stop facility, publish a notice of his28
intention to build a truck stop that may qualify for a license to operate video29 SB NO. 575
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draw poker devices as a qualified truck stop facility.1
B. The notice shall be published on two separate days in the official2
journal of the parish where the facility is to be located and in another3
newspaper with a larger circulation within the parish than the official journal4
of the parish, if there is one. All costs associated with publication of this notice5
shall be borne by the person seeking application for a licensed truck stop6
facility.7
C. Requirements for the notice required in this Section shall be8
prescribed by the Louisiana Gaming Control Board, which requirements shall9
include:10
(1)  Prominent placement in the newspaper in a section other than the11
classified advertisement or public notice section.12
(2)  Formatting in a box with a bolded outline.13
(3)  A size of not less than two inches by four inches.14
(4)  Print in bold face type.15
(5) The additional publications in the official journal as required by this16
Subsection shall be provided by the official journal at a charge not in excess of17
the rates assessed and charged for regular commercial advertising.18
(6) Failure to timely accomplish such publication shall make an19
application for a licensed truck stop null, void, and of no effect until the person20
seeking application has fully complied with the requirements of advertising21
pursuant to this Section.22
(7) Each person required to publish public notice pursuant to this23
Section shall also provide notice to the local governing authority in its parish or24
district as the case may be.25
D.  In addition to the requirements for publication provided for in this26
Section, the person seeking application shall issue a press release to newspapers27
with substantial distribution within the parish where the facility is to be located28
and to area broadcast media.29 SB NO. 575
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§420.  Rezoning notice1
No license shall be granted for the establishment of a qualified truck stop2
facility at a location that requires or required rezoning to accommodate the3
establishment of the facility unless any signage required to be posted under the4
rezoning requirements in the parish contains in clear and easily readable form5
the information that the rezoning is proposed for consideration to provide for6
the establishment of a qualified truck stop facility.7
§421.  Temporary placement of twenty-five video draw poker devices8
A.  Any person applying for a truck stop facility license must meet all9
requirements provided by this Chapter prior to licensing.  Upon a10
determination by the board that a truck stop facility meets the licensing and11
amenity requirements provided for by this Chapter, up to twenty-five video12
draw poker devices shall be temporarily placed at that facility without the13
requirement that the facility meet the fuel sale requirements as provided for in14
R.S. 27:416(C) for three calendar months. At the end of the first three calendar15
months of fuel sales, the number of video draw poker devices placed at the16
qualified truck stop facility shall be based on the average monthly fuel sales.17
Monthly fuel sales shall be calculated quarterly, using four sets of three18
calendar months, for the first year. For each calendar year thereafter, the19
number of video draw poker devices placed at the qualified truck stop facility20
shall be based upon the average fuel sales calculated annually as provided for21
in this Subsection.22
B. If after a qualified truck stop facility is licensed and an initial23
determination has been made to authorize the placement and operation of24
devices at the facility based upon the average of the fuel sales reports for three25
months, and the qualified truck stop facility thereafter becomes unable to sell26
a sufficient number of gallons of fuel to permit the minimum number of devices27
to be operated at the facility, for reasons of force majeure or due to other28
noncommercial circumstances, such as road or other governmental construction29 SB NO. 575
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projects contiguous to, or otherwise directly affecting the fuel sales of the1
qualified truck stop facility as determined by the board or division, where2
applicable, the facility shall continue to be authorized to place and operate the3
number of devices based upon the last average calculation of monthly fuel sales4
reports prior to the interruption in the fuel sales.  Upon resolution of the5
reasons causing the reduction in fuel sales, the board or division, where6
applicable, shall use the next three months of monthly fuel sales reports to7
determine the number of devices authorized to be placed and operated at the8
facility.9
§422.  Truck stop location; prohibited distances; prohibited structures10
A. No license shall be granted to any qualified truck stop facility located,11
at the time application is made for a license to operate video draw poker12
devices, within one mile from any property on the National Historic Registry,13
any public playground, any residential property, or a building used primarily14
as a church, synagogue, public library, or school.  The measurement of the15
distance shall be a straight line from the nearest point of the truck stop facility16
to the nearest point of the property on the National Historic Registry, the public17
playground, residential property, church, synagogue, public library, or school.18
B. After application, the subsequent construction, erection, development,19
or movement of a property identified in Subsection A of this Section which20
causes the location of a qualified truck stop facility to be within the prohibited21
distance shall not be cause for denial of an application or revocation of a license.22
C. The prohibition in Subsection A of this Section shall not apply to the23
location of a qualified truck stop facility which applied for a license or was24
issued a license on or before June 1, 2010.  Such location shall be eligible for a25
qualified truck stop facility license without reference to the prohibition in26
Subsection A of this Section unless a qualified truck stop facility has not been27
licensed at that location for thirty-six consecutive months and application for28
licensing is not made within that thirty-six-month period.29 SB NO. 575
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D. The prohibition in Subsection A of this Section shall not apply to the1
location of a qualified truck stop facility which has a certificate of compliance2
as required by R.S. 27:452(C) or valid building permit issued by the3
appropriate authority but has not constructed a truck stop. For these locations,4
if application for licensing is made on or before December 31, 2012, the5
prohibited distance shall be in accordance with the following:6
(1) For facilities applying for a certificate of compliance or a building7
permit on or before January 1, 2008, five hundred feet from any property on8
the National Historic Registry, any public playground, or a building used9
primarily as a church, synagogue, public library, or school.10
(2) For facilities applying for a certificate of compliance or a building11
permit after January 1, 2008, but on or before June 1, 2010, two thousand five12
hundred feet from any property on the National Historic Registry, any public13
playground, residential property, or a building used primarily as a church,14
synagogue, public library, or school.15
E. If application for licensing is made after December 31, 2012, the16
prohibition in Subsection A of this Section shall apply.17
F.  "Residential property" shall mean any property which is wholly or18
partly used for or intended to be used for living or sleeping by human occupants19
and which includes one or more rooms, including a bathroom and complete20
kitchen facilities. Residential property shall include a mobile home or21
manufactured housing, provided that it shall have been in its present location22
for at least sixty days. Residential property shall not include any hotel or motel.23
§423.  Termination of lease of truck stop; effect on operation of devices24
A. If the lease of a truck stop facility, which is a licensed establishment25
for the operation of video draw poker devices, expires or is terminated without26
legal cause by the lessor, then, in either event, neither the lessor nor a new lessee27
shall have the right to apply for a video draw poker device license at the same28
truck stop location for a period of six years from the date of expiration or29 SB NO. 575
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termination of the lease.1
B.  The former lessee/licensee shall have any of the following rights:2
(1) To continue operations at the licensed facility by agreement with the3
lessor or the new lessee.4
(2) To transfer the existing license to any other new or existing truck5
stop facility which meets all of the qualifying requirements contained in this6
Chapter, except:7
(a) That such former lessee/licensee shall not be required to wait before8
making application and commencing video draw poker operation at a new or9
existing facility.10
(b) That such former lessee/licensee shall be required to perform at the11
new facility any existing sublease or other contracts with licensed device12
owners/operators in effect at the time of expiration or termination of the lease.13
C. Nothing herein shall affect or apply to any truck stop facility in which14
the lessor is the holder of the license for the operation of video poker devices.15
§424.  Sale or transfer of license; continued operation of devices16
A. When a licensed establishment which requires an alcoholic beverage17
license as a condition of the receipt of a video draw poker device license is sold18
or transferred, the video gaming devices shall be allowed to continue to operate19
if the new owner applies for a state Class "A" license within fifteen days of20
purchasing the business, and upon issuance of a state Class "A" license, the new21
owner applies for a video draw poker license within fifteen days.22
B. The video draw poker devices shall be allowed to be continued in23
operation under the old license until the issuance of a video draw poker license24
in the name of the owner, until any of the following occur:25
(1) A determination by the board or division, where applicable, that the26
new applicant is unsuitable.27
(2)  Denial of the new license application.28
(3) The passage of one hundred eighty days from submission of the29 SB NO. 575
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application to the board or division, where applicable.  The provisions of this1
Subsection shall not apply to new owner applicants for a video draw poker2
license who are licensed at the time of such application; however, if the3
applicant fails to provide requested information to the board or division, where4
applicable, in a timely manner, the devices may be disabled after one hundred5
eighty days have elapsed.6
C. The board or division, where applicable, shall adopt and promulgate7
rules to implement this Section.8
D.  All establishment licensees shall within five days of the change in9
ownership notify the board or division, where applicable, in writing, of any facts10
which indicate that the licensed establishment has had a change in ownership.11
This notification requirement shall only apply to device owners when they have12
been given notice by certified mail of the change in ownership.  The device13
owner when given notice by certified mail of the change in ownership shall14
notify the board or division, where applicable, within five days of receipt of the15
notice of the change in ownership of the licensed establishment.16
§425.  Tax clearance17
A. Each applicant for a license or renewal of a license shall provide to18
the board or division, where applicable, in addition to the application form a19
signed sales tax clearance from the secretary of the Department of Revenue,20
which clearance request shall be processed within seven business days.21
B. No license shall be granted to any applicant unless he has submitted22
proof to the board or division, where applicable, as required in this Section, that23
he does not owe the state or local governing authority of the parish or24
municipality in which the establishment is located any delinquent sales taxes,25
penalties, or interest, excluding items under formal appeal or protest as26
provided by law.27
C.  When an applicant for a license files its application with the board28
or division, where applicable, the applicant shall send notice with a copy of the29 SB NO. 575
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application to the local governing authority and submit evidence of the1
notification to the board or division, where applicable.2
§426.  Affidavit application for three machine locations3
A. Prior to the expiration of the license term, a licensee who is licensed4
under the provisions of this Chapter for the placement of not more than three5
video draw poker devices in an approved, qualified establishment shall apply6
for renewal of the license by completing an affidavit in a form approved by the7
Louisiana Gaming Control Board that certifies that there have been no changes8
in the prior qualification and suitability information previously furnished to the9
board. This affidavit shall be executed by the licensee and each person required10
to meet qualification and suitability requirements under R.S. 27:427, provided11
that the licensee or person previously submitted all information required by the12
board in its initial suitability determination. Notwithstanding the above, the13
licensee and all persons required to meet suitability shall furnish such releases,14
affidavits, and documents as may be required by the board.  Additionally, the15
licensee shall furnish with each renewal application all of the following:16
(1)  A current local sales tax clearance certificate.17
(2) A current local governing authority and taxing authority18
notification.19
(3)  A current state sales tax clearance certificate.20
(4) A Class A-General retail permit or a Class A-Restaurant permit, as21
defined in Part II of Chapter 1 or Part II of Chapter 2 of Title 26 of the22
Louisiana Revised Statutes of 1950, to sell alcoholic beverages for consumption23
on the premises.24
B. Failure to disclose changes in prior qualification and suitability25
information shall result in denial of the renewal application or revocation of the26
video draw poker gaming license.27
C.(1) It shall be unlawful for any person intentionally to submit a false28
affidavit under this Subsection or to make or cause to be made or aid, assist, or29 SB NO. 575
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procure another to make or submit a false affidavit.1
(2) Whoever is convicted of violating the provisions of this Subsection2
shall be imprisoned, with or without hard labor, for not more than ten years or3
be fined not more than ten thousand dollars, or both.4
D. The provisions of this Section shall not apply to, and affidavits shall5
not be used for renewal of, a license for the operation of video draw poker6
devices at a hotel or motel, a Louisiana State Racing Commission licensed pari-7
mutuel wagering facility, an offtrack wagering facility, or a qualified truck stop8
facility.9
PART IV.  SUITABILITY10
§427.  Suitability requirements11
A. No person may be eligible to apply or be granted a license under the12
provisions of this Chapter if he has been convicted in any jurisdiction of any of13
the following offenses within ten years prior to the date of the application or less14
than ten years has elapsed between the date of application and the successful15
completion or service of any sentence, deferred adjudication, or period of16
probation or parole for any of the following:17
(1)  Any offense punishable by imprisonment for more than one year.18
(2)  Theft or any crime involving false statements or declarations.19
(3) Gambling as defined by the laws or ordinances of any municipality,20
any parish, any state, or the United States.21
B.(1) No person shall be granted a license under the provisions of this22
Chapter unless the applicant has demonstrated to the board or division, where23
applicable, that he is suitable for licensing. For purposes of this Chapter,24
suitability means the applicant or licensee is:25
(a)  A person of good character, honesty, and integrity.26
(b) A person whose prior activities, arrest or criminal record if any,27
reputation, habits, and associations do not pose a threat to the public interest28
of this state or to the effective regulation of video draw poker, and do not create29 SB NO. 575
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or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and1
operations in the activities authorized by this Chapter and financial2
arrangements incidental thereto.3
(c) Likely to conduct business as authorized by this Chapter in complete4
compliance with the provisions of this Chapter.5
(d) Not prohibited from making application or disqualified from6
licensure under the provisions of Subsection A of this Section.7
(e) A person who does not owe the state or local governing authority of8
the parish or municipality in which the establishment is located any delinquent9
sales taxes, penalties, or interest, excluding items under formal appeal or protest10
as provided by law.11
(2) An applicant who is not disqualified from making application or12
licensure as a result of Subsection A of this Section shall still be required to13
demonstrate to the board or division, where applicable, that he otherwise meets14
the remaining requirements for suitability, particularly those contained in15
Subparagraphs (1)(a), (b), and (c) of this Subsection.  Evidence of or relating16
to an arrest, summons, charge, or indictment of an applicant, or the dismissal17
thereof, shall be considered by the board or division, where applicable, even if18
the arrest, summons, charge, or indictment results in acquittal, deferred19
adjudication, probation, parole, or pardon.20
(3)  Any person who has been granted a Class-A General Retail permit21
or a Class-A Restaurant permit as defined in Part II of Chapter 1 or Part II of22
Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, and meets the23
other requirements within this Chapter shall be granted a license, including24
renewals, by the board or division, where applicable, to operate a maximum of25
three video draw poker devices at a restaurant, bar, tavern, or cocktail lounge26
under the provisions of this Section without having to additionally meet any27
other suitability requirements found in Subsections A, B, D, F, and G of this28
Section. The provisions of this Paragraph shall apply only to licenses to operate29 SB NO. 575
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a maximum of three video draw poker devices as provided for in R.S.1
27:412(B)(1).2
C. All licensees and persons required to be qualified under this Chapter3
shall have a continuing duty to inform the board or division, where applicable,4
of any action which they believe would constitute a violation of this Chapter.5
No person who so informs the board or division, where applicable, shall be6
discriminated against by an applicant or licensee because of supplying such7
information.8
D. Every person who has or controls directly or indirectly more than a9
five percent ownership, income, or profit interest in an entity which has or10
applies for a license in accordance with the provisions of this Chapter, or who11
receives more than five percent revenue interest in the form of a commission,12
finder's fee, loan repayment, or any other business expense related to the13
gaming operation, or who has the ability, in the opinion of the board or division,14
where applicable, to exercise a significant influence over the activities of a15
licensee authorized or to be authorized by this Chapter, shall meet all suitability16
requirements and qualifications for licensees. For the purposes of this Chapter,17
all gaming related associations, outstanding loans, promissory notes, or other18
financial indebtedness of an applicant or licensee must be revealed to the board19
or division, where applicable, for the purposes of determining significant20
influence and suitability.21
E. A person whose application for a license has been denied, or whose22
license has been issued subject to a condition or suspended or revoked, or23
against whom a fine has been levied has the right to a hearing in accordance24
with the provisions of R.S. 27:25 and 26.25
F. Notwithstanding the provisions of Subsection D of this Section, if any26
person required to be found qualified or suitable pursuant to Subsection D of27
this Section fails to provide all or part of the documents or information required28
by the Louisiana Gaming Control Board or the board or division, where29 SB NO. 575
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applicable, and if, as a result, any person holding a license issued pursuant to1
the provisions of this Chapter is not or may no longer be qualified or suitable,2
the board shall issue, under penalty of revocation of the license, a condition3
naming the person who failed to provide all or part of the documents or4
information required by the board or the  division, where applicable, and5
declaring that such person may not:6
(1) Receive dividends or interest on securities of a corporation holding7
a license, if the person has or controls directly or indirectly more than a five8
percent ownership, income, or profit interest in such corporation.9
(2) Exercise directly, or through a trustee or nominee, a right conferred10
by securities of a corporation holding a license, if the person has or controls11
directly or indirectly more than a five percent ownership, income, or profit12
interest in such corporation.13
(3) Receive remuneration or other economic benefit from any person14
holding a license issued pursuant to the provisions of this Chapter.15
(4) Exercise significant influence over the activities of a person holding16
a license issued pursuant to the provisions of this Chapter.17
(5) Continue owning or holding a security of a corporation holding a18
license if the person has or controls directly or indirectly more than a five19
percent ownership, income, or profit interest in such corporation.20
G.(1) An institutional investor otherwise required to be found suitable21
or qualified pursuant to the provisions of this Chapter and the rules adopted22
pursuant thereto shall be presumed suitable or qualified upon submitting23
documentation sufficient to establish qualifications as an institutional investor24
as provided herein, and upon certifying that:25
(a)  It owns, holds, or controls publicly traded securities issued by a26
licensee or permittee or a holding, intermediate, or parent company of a licensee27
or permittee in the ordinary course of business for investment purposes only.28
(b)  It does not exercise influence over the affairs of the issuer of such29 SB NO. 575
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securities or over any licensed or permitted subsidiary of the issuer of such1
securities.2
(c) It does not intend to exercise influence over the affairs of the issuer3
of such securities, or over any licensed or permitted subsidiary of the issuer of4
such securities, in the future, and that it agrees to notify the board in writing5
within thirty days if such intent should change.6
(2) The exercise of voting privileges with regard to publicly traded7
securities shall not be deemed to constitute the exercise of influence over the8
affairs of a licensee.9
(3) The provisions of this Subsection shall not be construed to preclude10
the Louisiana Gaming Control Board or the board or division, where11
applicable, from investigating the suitability or qualifications of an institutional12
investor should the Louisiana Gaming Control Board or division become aware13
of facts or information which may result in such institutional investor being14
found unsuitable or disqualified.15
H.(1) On or after August 15, 2009, a licensee who employs a designated16
representative at a licensed qualified truck stop facility, Louisiana State Racing17
Commission licensed pari-mutuel wagering facility, or an offtrack wagering18
facility shall do all of the following prior to employing the person:19
(a) Obtain conviction records of an applicant seeking employment as a20
designated representative pursuant to the provisions of R.S. 15:587(E).21
(b) Determine that, based upon those conviction records, the applicant22
meets the suitability requirements provided for in Subsection A of this Section.23
(2) The licensee shall have a continuing duty to inform the board or24
division, where applicable, of any action taken by the designated representative25
which they believe would constitute a violation of this Chapter.26
(3) The licensee shall maintain the information required by the27
provisions of this Subsection and have it readily available for inspection by the28
board or division, where applicable.29 SB NO. 575
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§428.  (Reserved)1
PART V.  REGULATION AND ENFORCEMENT2
§429. Regulation of video draw poker devices; Louisiana Gaming Control3
Board; gaming division4
A. The Louisiana Gaming Control Board shall perform the duties and5
functions as authorized by the provisions of this Chapter and the regulatory6
authority with respect to the regulation of video draw poker devices as provided7
by R.S. 27:15.8
B. The Department of Public Safety and Corrections, office of state9
police, gaming division, shall perform the duties and functions as authorized by10
the provisions of this Chapter and the provisions of R.S. 27:20.11
§430.  Rules and regulations; reporting to board or division12
A. The board or division, where applicable, shall promulgate rules and13
regulations for the counting and collecting of all net device revenues and for the14
timely payment of all license fees and penalties.  The board or division, where15
applicable, may institute proceedings for the collection of fees and penalties.16
B. Each month, the device owner must give the board or division, where17
applicable, a report containing the:18
(1)  Serial number of each video draw poker device.19
(2) Name and address of the establishment where each device is located.20
(3) Computer printouts of the net revenue of each device taken directly21
from the device's electronic accounting devices, if requested by the board or22
division, where applicable.23
C. The board or division, where applicable, may require any device24
owner to maintain or submit any data, information, record, or reports required25
by this Chapter in any computer form, program, or storage consistent with its26
recordkeeping or computer system or access.  Any rule or regulation27
promulgated pursuant to this Subsection shall apply to the records of all device28
owners.29 SB NO. 575
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D.  Video draw poker devices placed in a licensed establishment which1
is a restaurant shall be operated and played only in a designated area, as2
approved by the board or division, where applicable, which is separated from3
restaurant patrons seated in the dining area of the restaurant.4
E. Except for a uniform logo and advertising notice approved by the5
board or division, where applicable, the board or division, where applicable,6
may promulgate rules to prohibit licensed establishments from advertising7
video gaming activities on the outside of the premises where video gaming8
devices are located.9
F.(1) The board or division, where applicable, may establish by rule10
criteria for the physical placement of video draw poker devices within a licensed11
establishment.12
(2) Any establishment which allows minors to enter the area where video13
draw poker devices are located or operated shall separate any video draw poker14
devices from the sight of any minor by placing a partition of at least five feet in15
height between the video draw poker devices and in any area where a minor16
may be present.17
§§431 - 434.  (Reserved)18
PART VI.  FRANCHISE PAYMENTS, FEES, DISTRIBUTION OF REVENUE19
§§435 - 439.  (Reserved)20
PART VII.  CRIMES AND PROHIBITED CONDUCT21
§§440 - 444.  (Reserved)22
PART VIII.  VIDEO DRAW POKER EMPLOYEE PERMITS23
§§445 - 450.  (Reserved)24
PART IX.  MISCELLANEOUS25
§§451 - 457.  (Reserved)26
CHAPTER 8. 9. MISCELLANEOUS GAMING PROVISIONS27
§401. 501. Potential problems with gaming and gambling; educational program28
A. The Department of Health and Hospitals, office of behavioral health, shall29 SB NO. 575
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develop and fund a program for educating students in public and nonpublic1
elementary and secondary schools about the potential problems associated with2
gaming and gambling.3
B. The state Department of Education shall implement the program in public4
elementary and secondary schools and shall make the program available to nonpublic5
elementary and secondary schools.6
C. The program may be implemented through or in association with the7
statewide D.A.R.E. program or a similar program.8
§402. 502. Raffles under two hundred fifty dollars9
A. Notwithstanding any provision of law to the contrary, a raffle or raffles10
may be conducted by any person twenty-one years of age or older for any purpose11
provided that the value of the prize played for does not exceed two hundred fifty12
dollars.13
B. For purposes of this Section, "raffle" or "raffles" means any game of14
chance played by drawing for prizes or the allotment of prizes by chance, by the15
selling of shares, tickets, or rights to participate in such game or games, or by16
conducting the game or games accordingly.17
Section 3. Chapter 6 of Title 27 of the Louisiana Revised Statutes of 1950,18
comprised of R.S. 27:301 through 326, is hereby repealed in its entirety.19
Section 4. The Louisiana Legislature hereby renumbers and redesignates the20
following provisions in the reserved provisions of this Act as follows: R.S. 27:303 as R.S.21
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.22
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.23
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.24
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. 27:439,25
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.26
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.27
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.28
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.29 SB NO. 575
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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. 27:3171
as R.S. 27:455, R.S. 27:325 as R.S. 27:456, and R.S. 27:311.8 as R.S. 27:457.2
Section 5.  The Louisiana State Law Institute is hereby directed to make technical3
changes to statutory laws as necessary to reflect the name changes provided for in this Act.4
The original instrument was prepared by Cathy R. Wells. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Dawn Romero Watson.
DIGEST
Morrell (SB 575)
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 SB NO. 575
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specifications.
Present law provides that no multi-hand games or minimum wager may be authorized with
respect to any video draw poker device located in Orleans Parish unless it has been
determined by the Louisiana Gaming Control Board that permitting such game or wager in
Orleans Parish will not violate the terms or provisions of the land based casino contract, as
entered into on October 30, 1998, and amended effective October 19, 1999, March 29, 2001,
and March 31, 2001.
Proposed law retains present law and adds the February 14, 2005, and December 16, 2005,
amendments to the land based casino contract.
Present law provides that a qualified truck stop shall mean a facility covering at least five
developed contiguous acres which sells fuel, lubricating oil, and other vehicular
merchandise, such as batteries, tires, or vehicle parts for eighteen-wheeler tractor-trailers,
and which meet certain criteria.
Proposed law removes present law requirement that facility sell lubricating oil and other
vehicular merchandise.
Present law, among other criteria, requires that a qualified truck stop provide seating for at
least 50 patrons.
Proposed law requires that such seating be centralized. 
Present law requires that qualified truck stop facilities have stabilized parking areas as a
criteria for licensing as a qualified truck stop.
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.
Present law allows a qualified truck stop to temporarily continue operating video draw poker
devices for a reasonable period of time as determined by the La. Gaming Control Board or
the gaming division of the office of state police, if, for reason of force majeure, the truck
stop facility loses the ability to maintain one or more of the required amenities.
Proposed law retains present law and adds a similar allowance if the qualified truck stop
facility loses the ability to maintain one or more of the required criteria by reason of force
majeure.   
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)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill.
1. Adds to the restrictions provided for the land based casino contract, the 2005
February and December amendments to such contract. SB NO. 575
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2. Deletes requirement that a truck stop facility must sell lubricating oil and
other vehicular merchandise as a qualification for video draw poker devices.
3. Adds requirement to the criteria for a qualified truck stop that the seating for
at least 50 patrons must be located in a centralized area.
4. Adds allowance for temporarily continuing operation of video draw poker
devices by a qualified truck stop facility when, for reason of force majeure,
the facility loses its ability to maintain one or more of the required criteria.