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Regular Session, 2012 ENROLLED
SENATE BILL NO. 575
BY SENATOR MORRELL AND REPRESENTATIVE LOPINTO
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 with respect13
to suitability criteria for the issuance of video draw poker devices; to provide for14
criteria and amenities which shall be offered at different licensed establishments; to15
provide for the calculation of fuel sales at qualified truck stop facilities; to provide16
with respect to the construction and location of qualified truck stop facilities; to17
provide for the temporary operation of video draw poker devices; to provide with18
respect to force majeure; to provide for applicability; to provide for exceptions; to19
provide with respect to leasing qualified truck stop facilities; to repeal statutory20
provisions which have become obsolete; to provide with respect to the sale or21
transfer of a license; to provide for tax clearances for the granting or renewal of a22
license to operate video draw poker devices; to provide for the application process23
for three machine locations; to provide for issuance of licenses by the office of state24
police for three machine locations; to provide for the regulation and enforcement25
regarding the operation of video draw poker devices; to provide for rulemaking; and26 SB NO. 575 ENROLLED
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to provide for related matters.1
Be it enacted by the Legislature of Louisiana:2
Section 1. R.S. 14:90(C) is hereby amended and reenacted to read as follows:3
§90. Gambling4
* * *5
C. The conducting or assisting in the conducting of gaming activities or6
operations upon a riverboat at the official gaming establishment, by operating an7
electronic video draw poker device, by a charitable gaming licensee, or at a pari-8
mutuel wagering facility, conducting slot machine gaming at an eligible horse racing9
facility, or the operation of a state lottery which is licensed for operation and10
regulated under the provisions of Chapters 4 and 11 of Title 4, Chapters 4, 5, 6, and11
7, and 8 of Title 27, or Subtitle XI of Title 47 of the Louisiana Revised Statutes of12
1950, is not gambling for the purposes of this Section, so long as the wagering is13
done conducted on the premises of the licensed establishment.14
* * *15
Section 2. R.S. 27:20(A)(1)(d)(ii) and Chapter 8 of Title 27 of the Louisiana Revised16
Statutes of 1950, comprised of R.S. 27:401 through 457, are hereby amended and reenacted17
and Chapter 9 of Title 27 of the Louisiana Revised Statutes of 1950, comprised of R.S.18
27:501 and 502, is hereby enacted to read as follows:19
§20. Department of Public Safety and Corrections, office of state police20
A.(1) The Department of Public Safety and Corrections, office of state21
police, shall:22
* * *23
(d) Issue the following licenses and permits in accordance with rules adopted24
by the board:25
* * *26
(ii) Renewals New licenses and the renewal of licenses for the operation27
of video draw poker devices at facilities with no more than three video draw poker28
devices at their licensed establishments.29
* * *30 SB NO. 575 ENROLLED
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CHAPTER 8. VIDEO DRAW POKER DEVICES CONTROL LAW1
PART I. GENERAL PROVISIONS2
§401. Short title3
This Chapter shall be known and may be cited as the "Video Draw4
Poker Devices Control Law".5
§402. Definitions6
As used in this Chapter, the following words and phrases shall have the7
following meanings unless the context clearly indicates otherwise:8
(1) "Board" means the Louisiana Gaming Control Board, as established9
by R.S. 27:11.10
(2) "Certified technicians level one" means qualified service personnel11
trained by a manufacturer, distributor, or other qualified entity, or in a training12
program approved by the division, who are capable of clearing paper or money13
jams, changing paper contained within the video draw poker devices, or14
retrieving money from video draw poker devices.15
(3) "Certified technicians level two" means qualified service personnel16
trained by a manufacturer, distributor, or other qualified entity, or in a training17
program approved by the division, who are capable of clearing paper or money18
jams, changing paper contained within the video draw poker devices, or19
retrieving money from video draw poker devices, performing any repairs, parts20
replacements, maintenance, cleaning, and other matters related to servicing of21
video draw poker devices.22
(4) "Device operation" means the privilege of operating a video draw23
poker device in accordance with the provisions of this Chapter.24
(5) "Device owner" means a person other than a distributor, who owns25
and operates, maintains, repairs, or services one or more video draw poker26
devices in licensed establishments.27
(6) "Distributor" means any person who buys, sells, leases, services, or28
repairs video draw poker devices and provides a facility for the inspection of29
those devices as required by the division.30 SB NO. 575 ENROLLED
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(7) "Division" shall have the same meaning as that term defined in R.S.1
27:3.2
(8) "Hotel" or "motel" means an operating commercial establishment3
which possesses all appropriate licensing as a hotel or motel and which is4
engaged primarily in the renting of rooms, generally at a daily rate basis, which5
provides overnight lodging to the general public.6
(9) "Institutional investor" means a person that is:7
(a) A plan or trust established and maintained by the United States8
government, a state, a political subdivision of a state for the benefit of their9
respective employees.10
(b) An investment company that is registered under the Investment11
Company Act of 1940.12
(c) A collective investment trust organized by a bank under Part Nine13
of the rules of the Comptroller of the Currency.14
(d) A closed end investment trust registered with the United States15
Securities and Exchange Commission.16
(e) A mutual fund.17
(f) A life insurance company or property and casualty insurance18
company.19
(g) A federal or state bank.20
(h) An investment advisor registered under the Investment Advisors Act21
of 1940.22
(10) "Licensed establishment" means an establishment that has a Class23
A-General retail permit or a Class A-Restaurant permit as defined in Part II of24
Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes25
of 1950, for the sale of alcoholic beverages for on-premises consumption or a26
Louisiana state racing commission licensed race track, pari-mutuel wagering27
facility, or offtrack wagering facility, or a qualified truck stop facility as defined28
in R.S. 27:417. Licensed establishment shall not include any premises leased to29
or utilized by a bona fide nonprofit organization for the conducting of30 SB NO. 575 ENROLLED
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charitable gaming nor any convenience store, quick-stop, food-mart, service1
station, grocery store, barber shop, laundromat/washateria, package or2
discount liquor/cigarette establishment, movie theater, or beauty shop.3
(11) "Manufacturer" means any person who manufactures or assembles4
and programs video draw poker devices for use in this state.5
(12) "Net device revenue" means the gross revenue of a device less the6
value of prizes paid as shown on the meters of the device.7
(13) "Person" shall have the same meaning as that term defined in R.S.8
27:3.9
(14) "Restaurant, bar, tavern, cocktail lounge, or club" means an10
operating establishment primarily engaged in the retail sale of prepared foods11
or the sale of alcoholic beverages for on-premises or immediate consumption12
that has been granted a Class A-General retail permit or a Class A-Restaurant13
permit, as defined in Part II of Chapter 1 or Part II of Chapter 2 of Title 26 of14
the Louisiana Revised Statutes of 1950, for the sale of alcoholic beverages for15
on-premises consumption.16
(15) "Service entity" means any person other than a distributor or17
device owner who repairs, services, inspects, or examines video draw poker18
devices in the presence of a device owner or owner's employee.19
(16) "Suitability", "suitable", or "suitability requirements" means the20
criteria provided for in R.S. 27:427.21
(17) "Video draw poker device" means any unit, mechanism, or device22
authorized pursuant to the provisions of this Chapter, that, upon insertion of23
cash, is available to play or simulate the play of the game of draw poker, or24
other card games approved by the division utilizing a video display and25
microprocessors in which the player may win games or credits that can be26
redeemed for cash only. The term does not include a device that directly27
dispenses coins, cash, tokens, or any thing else of value, except the ticket28
voucher required in accordance with the provisions of this Chapter. The term29
does not include any device authorized to be used in the conducting of30 SB NO. 575 ENROLLED
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charitable gaming. The term does not include video line up games, mechanical1
reel games, or any combination thereof, or any slot machine as defined in R.S.2
27:353(14).3
(18) "Video draw poker" means any card game approved by the4
division that utilizes one deck of cards per hand with multiple hands permitted5
per game.6
(19) "Video draw poker employee" means a person issued a permit7
pursuant to the provisions of R.S. 27:445.8
§403. Video draw poker device operation not gambling; license is a privilege9
A. Notwithstanding any provision of law to the contrary, the placement,10
operation, maintenance, and play of approved video draw poker devices in11
accordance with the provisions of this Section is legal, and such devices shall not12
be considered gambling devices.13
B. Any license applied for, granted, or issued under the provisions of14
this Chapter is a pure and absolute privilege, the awarding, denial, or15
withdrawal of which is solely within the discretion of the board or division,16
where applicable, and, except as provided in this Chapter, without recourse at17
law. Any license issued or renewed under the provisions of this Chapter is not18
property or a protected interest under the constitutions of either the United19
States or the state of Louisiana.20
§404. Service entity21
A service entity shall not perform any accounting functions, including22
but not limited to recording meter readings or handling or transporting funds23
procured from the video draw poker device. A service entity shall not perform24
any actions which would fulfill state reporting requirements other than those25
directly related to the physical repair of video draw poker devices.26
PART II. VIDEO DRAW POKER DEVICES27
§405. Description and specifications of devices28
A. Each video draw poker device shall:29
(1) Be inspected by the division or its designee for certification and30 SB NO. 575 ENROLLED
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compliance.1
(2) Be connected with a system consisting of player operated terminals2
and a self-contained control computer.3
(3) Not have any device or program that will alter the reading of the4
values or amounts of play to reflect values or amounts other than actually5
played or any switches, jumpers, wire posts, or any other means of6
manipulation that could affect the operation or outcome of a game.7
(4) Not have any device, switch, program, or function that can alter the8
readings of the actual amounts or values relating to any function or occurrence9
of the device.10
(5) Have separate secure areas with locking doors for the game logic11
board and software, the cash compartment, and the mechanical meters as12
required by the rules and regulations of the division. These areas must be13
locking and separated. Access to one from the other must not be allowed at any14
time.15
(6) For card games, use a display with images of cards that closely16
resemble standard poker playing cards.17
(7) Not have any functions or parameters adjustable by or through any18
separate video display or input codes, except for the adjustment of features that19
are wholly cosmetic.20
(8) Have a circuit-interrupting device, method, or capability which will21
disable the machine if the board approved program is accessed or altered.22
(9) Have a serial number or other identification number permanently23
affixed to the device by the manufacturer.24
(10) Have nonresettable mechanical meters housed in a secure25
compartment that keep a permanent record of all of the following:26
(a) Total credits accepted.27
(b) Total credits played by players.28
(c) Total credits won by players.29
(d) Total credits printed out by the ticket voucher printer.30 SB NO. 575 ENROLLED
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(e) The device must contain electronic metering using meters that record1
all of the following:2
(i) Total credits in, total credits played, total credits won, and total3
credits paid.4
(ii) Total hands of poker played and total hands of poker won.5
B. Each video draw poker device shall be linked by telecommunication6
to a central computer for purposes of polling or reading device activities and for7
central computer remote shutdown of device operations; however, if the central8
computer system fails as a result of a malfunction or catastrophic event, the9
device may remain in operation until the central computer system is restored.10
C. Each video draw poker device shall offer the game of draw poker or11
such other card games as are approved by the division and have the following12
method of operation:13
(1) The cards must be shuffled after each hand is dealt.14
(2) The card games must utilize a deck of cards consisting of fifty-two15
standard playing cards, and up to two jokers may also be used. The deck must16
be shuffled by use of a random number generator to exchange each card in the17
deck with another randomly selected card.18
(3) After shuffling, a required number of cards must be dealt from the19
top of the deck.20
(4) Any discarded cards must be replaced by remaining cards in the21
deck, starting with the next subsequent card and using the cards in the order of22
the deck.23
(5) The game must display the hands for which won games or credits24
will be awarded and the number of won games or credits for each hand, not to25
exceed the value of one thousand dollars.26
(6) Notwithstanding the provisions of Paragraphs (2), (3), and (4) of this27
Subsection when they are in conflict, multi-hand games shall be an authorized28
game for play when approved by an authorized device testing laboratory and29
the division, provided that, with respect to any video draw poker device located30 SB NO. 575 ENROLLED
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in Orleans Parish, no multi-hand game is or may be authorized unless it has1
been determined by the Louisiana Gaming Control Board that permitting such2
game in Orleans Parish will not violate any of the terms or provisions of Section3
1.3 of the Amended and Renegotiated Casino Operating Contract entered into4
pursuant to R.S. 27:201 et seq., on October 30, 1998, as amended, effective5
October 19, 1999, March 29, 2001, March 31, 2001, February 14, 2005, and6
December 16, 2005. Any authorization of a multi-hand game by the division in7
violation of this Paragraph shall be null and void.8
D. A video draw poker device may have a mechanism that accepts cash9
in the form of bills with a denomination not to exceed twenty dollars.10
E. The division may provide for additional specifications for devices to11
be approved and authorized pursuant to the provisions of this Chapter as it12
deems necessary to maintain the integrity of video draw poker devices and13
operations. The division shall not provide for any additional specifications14
which would have the effect of reducing to fewer than four the number of15
manufacturers who make devices that meet the specifications of this Chapter.16
§406. Ticket vouchers and accounting tickets17
A. Each video draw poker device must be capable of printing a ticket18
voucher for the player at the completion of each game. If credits are owed the19
player, the ticket must contain each of the following:20
(1) The name of the licensed establishment.21
(2) The address of the establishment.22
(3) The value of the prize in numbers.23
(4) The value of the prize in words.24
(5) The time of day, in hours and minutes in a twenty-four-hour format.25
(6) The date.26
(7) The device license number or serial number up to eight digits.27
(8) The sequential number of the ticket voucher.28
(9) An encrypted validation number from which the validity of the prize29
can be determined.30 SB NO. 575 ENROLLED
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B. An exact copy of each printed ticket voucher must be printed and1
retained within the device, or other means of capturing and retaining an2
electronic copy of the ticket data as approved by the division for a minimum of3
five thousand tickets. If a thermal printer is used and the duplicate information4
is stored electronically in the device, any duplicate voucher printed by the5
device must have the prominent word "DUPLICATE" printed on the face of the6
voucher.7
C. Each video draw poker device must issue, by activation of an external8
switch, an accounting ticket containing a performance synopsis of the device.9
The ticket must contain:10
(1) The name of the licensed establishment.11
(2) The address of the establishment.12
(3) The license number of the device.13
(4) The time of day, in hours and minutes in a twenty-four-hour format.14
(5) The date.15
(6) The electronic meter readings required by this Chapter.16
§407. Games without minimum wager; Orleans excepted17
A. Notwithstanding any provision of law to the contrary, video draw18
poker devices in any facility licensed pursuant to this Chapter, in any parish19
other than Orleans, may schedule games with no minimum wager. A video20
draw poker device may accept coins in the amount of the minimum wager21
offered by that device. Video draw poker devices may accept coins or currency22
of denominations of multiples of the minimum wager but shall provide one23
game for each amount of the minimum wager deposited in that video draw24
poker device. The provisions of this Subsection shall not be construed to affect25
the limitations on the amount of money played and the limitation on the value26
of prizes established in R.S. 27:410.27
B. Video draw poker devices in any facility licensed pursuant to this28
Chapter located in Orleans Parish may schedule games with such minimum29
wager as may be approved by the division, provided it has been determined by30 SB NO. 575 ENROLLED
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the Louisiana Gaming Control Board that permitting such minimum wager in1
Orleans Parish will not violate any of the terms or provisions of Section 1.3 of2
the Amended and Renegotiated Casino Operating Contract entered into3
pursuant to R.S. 27:201 et seq., on October 30, 1998, as amended, effective4
October 19, 1999, March 29, 2001, March 31, 2001, February 14, 2005, and5
December 16, 2005. Any change to the minimum wager in violation of this6
Subsection shall be null and void.7
§408 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
qualified establishments for the privilege of operating video draw poker devices.30 SB NO. 575 ENROLLED
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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, or club only, or such an establishment located within a motel or hotel20
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
exceed a total of nine video draw poker devices for the single building or30 SB NO. 575 ENROLLED
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structure, if that person and each facility complies with all other requirements1
of this Chapter and of the administrative rules that are applicable to the2
operation of video draw poker devices. The limitation on the number of3
facilities contained in this Subsection shall not apply to any person or entity who4
owns and operates multiple facilities which are located in a publicly owned and5
operated transportation facility offering any transportation to interstate and6
international destinations.7
C. For purposes of Subsection B of this Section, a person shall be8
deemed to own more than one restaurant, bar, tavern, cocktail lounge, or club9
located within a single building or structure when the person has an ownership10
interest in each restaurant, bar, tavern, cocktail lounge, club, or other facility11
located within the single building or structure.12
D. Except as provided in Subsection B or C of this Section or R.S.13
27:414, when a restaurant, bar, tavern, cocktail lounge, or club is owned by one14
person, each establishment shall be physically separate and noncontiguous in15
order to qualify for a license to operate video draw poker devices at each such16
establishment.17
§414. Hotel and motel facilities; criteria18
A licensee owning or leasing a licensed establishment which is a hotel or19
motel which has more than one lounge or facility and which has a Class A-20
General retail permit or a Class A-Restaurant permit, as defined in Part II of21
Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes22
of 1950, to sell alcoholic beverages for on-premises consumption on a single23
licensed premises may make available for play not more than three video draw24
poker devices at each lounge or separate facility, not to exceed a total of twelve25
video draw poker devices for the hotel or motel, if all other requirements of this26
Chapter are met. Each separate lounge or facility shall meet the following27
criteria:28
(1) It must be a physically separate noncontiguous facility.29
(2) It must have separate and independent beverage preparation areas.30 SB NO. 575 ENROLLED
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(3) It must prepare, dispense, and sell alcoholic beverages for on-1
premises consumption.2
(4) It must have a person whose primary duty is tending bar on duty3
while the lounge or facility is open for business and have a permanently affixed4
wet bar facility including plumbing and sinks.5
(5) It must be able to accommodate a minimum of twenty-five patrons.6
§415. Pari-mutuel wagering facility or offtrack wagering facility; no minimum7
wager8
A person owning a Louisiana State Racing Commission licensed pari-9
mutuel wagering facility or an offtrack wagering facility may be granted a10
license for the placement of video draw poker devices in his facility if all other11
requirements of this Chapter are met. There shall be no limit on the number12
of video draw poker devices which may be placed at the facility.13
Notwithstanding any provision of law to the contrary, video draw poker devices14
in these facilities may schedule games with no minimum wager.15
§416. Qualified truck stop facilities; number of devices; fuel sales16
A. A person owning or leasing a qualified truck stop facility may be17
granted a license for the placement of not more than fifty video draw poker18
devices in his facility based on the fuel sales as provided in Subsection C of this19
Section, in an area separated for adult patronage only, if all other requirements20
of this Chapter are met. There shall be only one license granted for the21
operation of video draw poker devices at each qualified truck stop facility.22
B. The qualified truck stop facility shall be owned or leased by a person23
who meets all the personal qualifications for a Class A-General retail permit or24
a Class A-Restaurant permit, as defined in Part II of Chapter 1 or Part II of25
Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, to serve or sell26
alcoholic beverages for on-premises consumption; however, when no such27
permit is obtainable or available, no such permit shall be required.28
C. Except as provided in R.S. 27:421, the number of video draw poker29
devices placed at a qualified truck stop facility shall be based on the average30 SB NO. 575 ENROLLED
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monthly fuel sales calculated quarterly, using four sets of three calendar1
months, for the first year of operation and thereafter shall be based upon the2
average monthly fuel sales calculated annually, using a calendar year, as3
follows:4
(1) One hundred thousand gallons of fuel of which forty thousand5
gallons are diesel - not more than fifty devices.6
(2) Seventy-five thousand gallons of fuel of which thirty thousand7
gallons are diesel - not more than forty devices.8
(3) Fifty thousand gallons of fuel of which ten thousand are diesel - not9
more than thirty-five devices.10
D.(1) The fuel facility shall offer, in the regular course of business, fuel11
sales for individual vehicle consumption.12
(2) Bulk sales or transfers shall not be used to calculate monthly13
averages. All fuel sales must correspond to state-accepted daily sales reports14
which correspond to monthly state sales tax reports and shall be verified by fuel15
tickets from the truck stop facility.16
(3) To be considered a fuel facility at a qualified truck stop facility for17
the purpose of licensing that qualified truck stop to operate video draw poker18
devices, the fuel facility shall not be subject to the fuel sales requirements19
provided for in Subpart E of Part VIII of Chapter 1 of Title 51 of the Louisiana20
Revised Statutes of 1950, comprised of R.S. 51:421 through 427, and the21
requirements of Chapter 13 of Title 51 of the Louisiana Revised Statutes of22
1950.23
(4) The provisions of this Subsection provide for the fuel sales24
requirements for the purpose of licensing criteria for the operation of video25
draw poker devices at a qualified truck stop facility.26
(5) The provisions of this Subsection shall not be construed to repeal,27
limit, or supercede any requirements for the sale of fuel by fuel facilities as28
otherwise provided for by law.29
(6) The provisions of this Subsection shall not be construed to repeal,30 SB NO. 575 ENROLLED
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limit, or supercede the authority of the office of the attorney general to enforce1
the Unfair Trade Practices or Consumer Protection Law or the authority of any2
district attorney to prosecute violations of Subpart E of Part VIII of Chapter3
1 of Title 51 of the Louisiana Revised Statutes of 1950, comprised of R.S. 51:4214
through 427.5
§417. Qualified truck stop criteria; amenities6
A. As used in this Chapter, a qualified truck stop facility shall mean a7
facility covering at least five developed contiguous acres which sells fuel,8
lubricating oil, and other vehicular merchandise, such as batteries, tires, or9
vehicle parts for eighteen-wheel tractor-trailers, and which also meets all of the10
following criteria:11
(1) It must be located adjacent to a major state or interstate highway, as12
defined by rules adopted by the board for this purpose, subject to legislative13
oversight.14
(2) It must have an onsite restaurant, except for reason of force majeure15
affecting the ability to maintain the on-site restaurant for a reasonable period16
of time as determined by the division following the interruption of such ability,17
which for the purposes of qualifying as a qualified truck stop facility, shall be18
required to have only the following features:19
(a) Provides seating for at least fifty patrons, with all seats located20
within a centralized area.21
(b) Is open at least twelve hours a day.22
(c) Offers a varied menu.23
(d) Operates a fully equipped kitchen which includes but is not limited24
to a range, or an oven, and refrigerated storage appliances used for the25
preparation of foods for on-premises or immediate consumption.26
(e) In Orleans Parish, qualified truck stop facility restaurants shall27
provide full table service for sit-down meals.28
(3) It must have parking areas with each of the following:29
(a) A stable parking area for at least fifty eighteen-wheel tractor-trailer30 SB NO. 575 ENROLLED
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motor vehicles, either paved or concrete, to support eighteen-wheel tractor-1
trailer motor vehicles and their loads, constructed according to industry2
specifications, subject to approval by the division, except for reason of force3
majeure affecting the ability to maintain the stable parking area for a4
reasonable period of time as determined by the division following the5
interruption of such ability. All other parking areas not paved or concrete must6
be certified by an authorized company and proof provided that compaction tests7
were conducted, subject to approval by the division.8
(b) Parking of sufficient size is allowed for safe ingress and egress.9
(c) Parking areas for other vehicles around business entrance ways and10
exits shall not constitute parking areas for eighteen-wheel tractor-trailer motor11
vehicles.12
(4) It must have diesel and gasoline fuel facilities as provided for in R.S.13
27:416.14
(5) It must have onsite repair service facilities for eighteen-wheel15
tractor-trailer motor vehicles, except for reason of force majeure affecting the16
ability to maintain the onsite repair service for a reasonable period of time as17
determined by the division following the interruption of such ability. The onsite18
repair service may be in the form of contracted services from a business which19
regularly offers this type of service. A copy of any contractual agreement shall20
be submitted with the application for review and processing.21
(6) It must have at least four of the following amenities, except for22
reason of force majeure affecting the ability to maintain the amenities for a23
reasonable period of time, as determined by the division following the24
interruption of such ability:25
(a) A separate truckers' television lounge.26
(b) A full-service laundry facility located in a convenient area for27
truckers' use.28
(c) Private showers for men and women and not located in an area open29
to general public restroom facilities.30 SB NO. 575 ENROLLED
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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.(1) The criteria and amenity requirements for a qualified truck stop7
facility provided for by this Section shall be suspended for that criteria or8
amenity if any portion of the property upon which a qualified truck stop is9
located is expropriated by the state of Louisiana or one of its political10
subdivisions. The suspension for that criteria or amenity shall remain in effect11
until such time as it is possible for the licensee to meet the requirements of this12
Section. During the period of suspension the licensee may continue to operate13
video draw poker devices without meeting the requirements for that particular14
criteria or amenity affected by the expropriation as otherwise provided for by15
this Section if all other provisions of this Chapter are met.16
(2) The provisions of this Subsection shall not be construed to adversely17
affect parish boundary surveys or good faith reliance upon those surveys as18
provided for in R.S. 27:456.19
C. Except as provided for in Subsection B of this Section, the criteria20
and amenities required for a qualified truck stop facility shall be operational21
and maintained in working condition.22
§418. Leasing or subleasing restaurant and convenience stores at qualified23
truck stops; holiday operation24
A. An owner or lessor of a qualified truck stop facility may lease or25
sublease any restaurant, convenience store, fuel facility, or any other business26
operation located on the premises of the qualified truck stop facility to another27
person, provided that such person executes a written lease which contains a28
requirement that the lessee or sublessee comply with the laws and regulations29
which govern the operation of video draw poker devices. If such lease or30 SB NO. 575 ENROLLED
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sublease is granted, the owner or lessor of such qualified truck stop facility shall1
maintain ultimate supervision and control of his entire truck stop premise. No2
such lessee or sublessee shall be required to meet suitability requirements unless3
he receives, as a result of the lease, any video draw poker device operation4
revenue or unless he exercises some management or control over video draw5
poker devices. Any violation of the laws and regulations which govern the6
operation of video draw poker devices by such lessee or sublessee shall be7
considered a violation by the licensee.8
B. No financial lending institution or pawnshop shall be located on the9
premises of a qualified truck stop facility. Nothing herein shall prohibit the10
placement of automatic teller machines on the premises of a qualified truck11
stop.12
C. Notwithstanding any other provision of law to the contrary, the13
owner or lessor of a qualified truck stop facility may close the restaurant on the14
premises of the qualified truck stop facility during a legal holiday as defined in15
R.S. 1:55(B)(1)(a).16
§419. Truck stop construction; advertising; notice of intent to construct17
A. Any person applying for a license for the placement of video draw18
poker devices at a truck stop facility shall have, prior to any required rezoning,19
construction application, or construction of the truck stop which the applicant20
seeks to establish as a qualified truck stop facility, publish a notice of his21
intention to build a truck stop that may qualify for a license to operate video22
draw poker devices as a qualified truck stop facility.23
B. The notice shall be published on two separate days in the official24
journal of the parish where the facility is to be located and in another25
newspaper with a larger circulation within the parish than the official journal26
of the parish, if there is one. All costs associated with publication of this notice27
shall be borne by the person seeking application for a licensed truck stop28
facility.29
C. Requirements for the notice required in this Section shall be30 SB NO. 575 ENROLLED
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prescribed by the Louisiana Gaming Control Board, which requirements shall1
include:2
(1) Prominent placement in the newspaper in a section other than the3
classified advertisement or public notice section.4
(2) Formatting in a box with a bolded outline.5
(3) A size of not less than two inches by four inches.6
(4) Print in bold face type.7
(5) The additional publications in the official journal as required by this8
Subsection shall be provided by the official journal at a charge not in excess of9
the rates assessed and charged for regular commercial advertising.10
(6) Failure to timely accomplish such publication shall make an11
application for a licensed truck stop null, void, and of no effect until the person12
seeking application has fully complied with the requirements of advertising13
pursuant to this Section.14
(7) Each person required to publish public notice pursuant to this15
Section shall also provide notice to the local governing authority in its parish or16
district as the case may be.17
D. In addition to the requirements for publication provided for in this18
Section, the person seeking application shall issue a press release to newspapers19
with substantial distribution within the parish where the facility is to be located20
and to area broadcast media.21
§420. Rezoning notice22
No license shall be granted for the establishment of a qualified truck stop23
facility at a location that requires or required rezoning to accommodate the24
establishment of the facility unless any signage required to be posted under the25
rezoning requirements in the parish contains in clear and easily readable form26
the information that the rezoning is proposed for consideration to provide for27
the establishment of a qualified truck stop facility.28
§421. Temporary placement of twenty-five video draw poker devices29
A. Any person applying for a truck stop facility license must meet all30 SB NO. 575 ENROLLED
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requirements provided by this Chapter prior to licensing. Upon a1
determination by the board that a truck stop facility meets the licensing and2
amenity requirements provided for by this Chapter, up to twenty-five video3
draw poker devices shall be temporarily placed at that facility without the4
requirement that the facility meet the fuel sale requirements as provided for in5
R.S. 27:416(C) for three calendar months. At the end of the first three calendar6
months of fuel sales, the number of video draw poker devices placed at the7
qualified truck stop facility shall be based on the average monthly fuel sales.8
Monthly fuel sales shall be calculated quarterly, using four sets of three9
calendar months, for the first year. For each calendar year thereafter, the10
number of video draw poker devices placed at the qualified truck stop facility11
shall be based upon the average fuel sales calculated annually as provided for12
in this Subsection.13
B. If after a qualified truck stop facility is licensed and an initial14
determination has been made to authorize the placement and operation of15
devices at the facility based upon the average of the fuel sales reports for three16
months, and the qualified truck stop facility thereafter becomes unable to sell17
a sufficient number of gallons of fuel to permit the minimum number of devices18
to be operated at the facility, for reasons of force majeure or due to other19
noncommercial circumstances, such as road or other governmental construction20
projects contiguous to, or otherwise directly affecting the fuel sales of the21
qualified truck stop facility as determined by the division, the facility shall22
continue to be authorized to place and operate the number of devices based23
upon the last average calculation of monthly fuel sales reports prior to the24
interruption in the fuel sales. Upon resolution of the reasons causing the25
reduction in fuel sales, the division shall use the next three months of monthly26
fuel sales reports to determine the number of devices authorized to be placed27
and operated at the facility.28
§422. Truck stop locations; prohibited distances; prohibited structures29
A. No license shall be granted to any qualified truck stop facility located,30 SB NO. 575 ENROLLED
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at the time application is made for a license to operate video draw poker1
devices, within one mile from any property on the National Register of Historic2
Places, any public playground, any residential property, or a building used3
primarily as a church, synagogue, public library, or school. The measurement4
of the distance shall be a straight line from the nearest point of the truck stop5
facility to the nearest point of the property on the National Register of Historic6
Places, the public playground, residential property, or a building used primarily7
as a church, synagogue, public library, or school.8
B. After an application is filed with the division, the subsequent9
construction, erection, development, or movement of a property identified in10
Subsection A of this Section which causes the location of a qualified truck stop11
facility to be within the prohibited distance shall not be cause for denial of an12
initial or renewal application or revocation of a license.13
C. The prohibition in Subsection A of this Section shall not apply to the14
location of a qualified truck stop facility which applied for a license or was15
issued a license on or before June 1, 2010, or which applied for or was issued a16
certificate of compliance as required by R.S. 27:452(C) or a valid building17
permit on or before June 1, 2010, and subsequently issued a license. Such18
location shall be eligible for a qualified truck stop facility license without19
reference to the prohibition in Subsection A of this Section unless after having20
obtained a license, a qualified truck stop facility has not been licensed at that21
location for thirty-six consecutive months and application for licensing is not22
made within that thirty-six-month period.23
D.(1) For locations on which a truck stop facility has not been24
completely constructed, if application for licensing is made on or before August25
1, 2012, the prohibited distance shall be in accordance with the following:26
(a) For facilities which applied for or were issued a certificate of27
compliance or a valid building permit on or before January 1, 2008 - five28
hundred feet from any property on the National Register of Historic Places, any29
public playground, or a building used primarily as a church, synagogue, public30 SB NO. 575 ENROLLED
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library, or school.1
(b) For facilities which applied for or were issued a certificate of2
compliance or a valid building permit after January 1, 2008, but on or before3
June 1, 2010 - two thousand five hundred feet from any property on the4
National Register of Historic Places, any public playground, or a building used5
primarily as a church, synagogue, public library, or school.6
(c) For facilities which applied for or were issued a certificate of7
compliance or a building permit after June 1, 2010 - one mile from any property8
on the National Register of Historic Places, any public playground, residential9
property, or a building used primarily as a church, synagogue, public library,10
or school.11
(2) The measurement of the distances shall be a straight line from the12
nearest point of the truck stop facility to the nearest point of the property on the13
National Register of Historic Places, the public playground, residential14
property, or a building used primarily as a church, synagogue, public library,15
or school.16
E. If a parish or municipality does not have a zoning ordinance which17
designates certain property within their jurisdiction as residential property, the18
governing authority of the parish or municipality shall have the authority to19
designate to certain areas of their jurisdiction as residential districts for the20
purpose of this Section.21
F. If application for licensing is made after August 1, 2012, the22
prohibition in Subsection A of this Section shall apply.23
G. "Residential property" shall mean any property which is wholly or24
partly used for or intended to be used for living or sleeping by human occupants25
and which includes one or more rooms, including a bathroom and complete26
kitchen facilities. Residential property shall include a mobile home or27
manufactured housing, provided that it shall have been in its present location28
for at least sixty days. Residential property shall not include any hotel or motel.29
§423. Termination of lease of truck stop; effect on operation of devices30 SB NO. 575 ENROLLED
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A. If the lease of a truck stop facility, which is a licensed establishment1
for the operation of video draw poker devices, expires or is terminated without2
legal cause by the lessor, then, in either event, neither the lessor nor a new lessee3
shall have the right to apply for a video draw poker device license at the same4
truck stop location for a period of six years from the date of expiration or5
termination of the lease.6
B. The former lessee or licensee shall have any of the following rights:7
(1) To continue operations at the licensed facility by agreement with the8
lessor or the new lessee.9
(2) To transfer the existing license to any other new or existing truck10
stop facility which meets all of the qualifying requirements contained in this11
Chapter, except:12
(a) That such former lessee or licensee shall not be required to wait13
before making application and commencing video draw poker operation at a14
new or existing facility.15
(b) That such former lessee or licensee shall be required to perform at16
the new facility any existing sublease or other contracts with licensed device17
owners or operators in effect at the time of expiration or termination of the18
lease.19
C. Nothing herein shall affect or apply to any truck stop facility in which20
the lessor is the holder of the license for the operation of video draw poker21
devices.22
§424. Sale or transfer of license; continued operation of devices23
A. When a licensed establishment which requires an alcoholic beverage24
license as a condition of the receipt of a video draw poker device license is sold25
or transferred, the video draw poker devices shall be allowed to continue to26
operate if the new owner applies for a state Class "A" license within fifteen days27
of purchasing the business, and upon issuance of a state Class "A" license, the28
new owner applies for a video draw poker license within fifteen days.29
B. The video draw poker devices shall be allowed to be continued in30 SB NO. 575 ENROLLED
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operation under the old license until the issuance of a video draw poker license1
in the name of the owner, until any of the following occur:2
(1) A determination by the division that the new applicant is unsuitable.3
(2) Denial of the new license application.4
(3) The passage of one hundred eighty days from submission of the5
application to the division. The provisions of this Subsection shall not apply to6
new owner applicants for a video draw poker license who are licensed at the7
time of such application; however, if the applicant fails to provide requested8
information to the division in a timely manner, the devices may be disabled9
after one hundred eighty days have elapsed.10
C. The board shall adopt and promulgate rules to implement this11
Section.12
D. All establishment licensees shall within five days of the change in13
ownership notify the division in writing, of any facts which indicate that the14
licensed establishment has had a change in ownership. This notification15
requirement shall apply to device owners only when they have been given notice16
by certified mail of the change in ownership. The device owner when given17
notice by certified mail of the change in ownership shall notify the division18
within five days of receipt of the notice of the change in ownership of the19
licensed establishment.20
§425. Tax clearance21
A. Each applicant for a license or renewal of a license shall provide to22
the division in addition to the application form, a signed sales tax clearance23
from the secretary of the Department of Revenue, which clearance request shall24
be processed within seven business days.25
B. No license shall be granted to any applicant unless he has submitted26
proof to the division as required in this Section, that he does not owe the state27
or local governing authority of the parish or municipality in which the28
establishment is located any delinquent sales taxes, penalties, or interest,29
excluding items under formal appeal or protest as provided by law.30 SB NO. 575 ENROLLED
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C. When an applicant for a license files its application with the division,1
the applicant shall send notice with a copy of the application to the local2
governing authority and submit evidence of the notification to the division.3
§426. Affidavit application for three machine locations4
A. Prior to the expiration of the license term, a licensee who is licensed5
under the provisions of this Chapter for the placement of not more than three6
video draw poker devices in an approved, qualified establishment shall apply7
for renewal of the license by completing an affidavit in a form approved by the8
Louisiana Gaming Control Board that certifies that there have been no changes9
in the prior qualification and suitability information previously furnished to the10
board. This affidavit shall be executed by the licensee and each person required11
to meet qualification and suitability requirements under R.S. 27:427, provided12
that the licensee or person previously submitted all information required by the13
board in its initial suitability determination. Notwithstanding the above, the14
licensee and all persons required to meet suitability shall furnish such releases,15
affidavits, and documents as may be required by the board. Additionally, the16
licensee shall furnish with each renewal application all of the following:17
(1) A current local sales tax clearance certificate.18
(2) A current local governing authority and taxing authority19
notification.20
(3) A current state sales tax clearance certificate.21
(4) A Class A-General retail permit or a Class A-Restaurant permit, as22
defined in Part II of Chapter 1 or Part II of Chapter 2 of Title 26 of the23
Louisiana Revised Statutes of 1950, to sell alcoholic beverages for consumption24
on the premises.25
B. Failure to disclose changes in prior qualification and suitability26
information shall result in denial of the renewal application or revocation of the27
video draw poker gaming license.28
C.(1) It shall be unlawful for any person intentionally to submit a false29
affidavit under this Subsection or to make or cause to be made or aid, assist, or30 SB NO. 575 ENROLLED
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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 that he is suitable23
for licensing. For purposes of this Chapter, suitability means the applicant or24
licensee is:25
(a) A person of good moral 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
or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and30 SB NO. 575 ENROLLED
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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 relating to15
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, shall be deemed22
to satisfy the requirements of this Section which are duplicative of the suitability23
standards in Title 26 of the Louisiana Revised Statutes of 1950, without the24
necessity of the division conducting an additional suitability determination. The25
division shall determine that the applicant meets all other requirements for the26
issuance of a video draw poker license as otherwise required by this Chapter27
before granting a license, including renewals, to operate a maximum of three28
video draw poker devices at a restaurant, bar, tavern, or cocktail lounge under29
the provisions of this Section. The provisions of this Paragraph shall apply only30 SB NO. 575 ENROLLED
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to licenses to operate a maximum of three video draw poker devices as provided1
for in R.S. 27:412(B)(1). The board shall adopt rules to implement the2
provisions of this Paragraph.3
C. All licensees and persons required to be qualified under this Chapter4
shall have a continuing duty to inform the division of any action which they5
believe would constitute a violation of this Chapter. No person who so informs6
the division shall be discriminated against by an applicant or licensee because7
of supplying such 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 to exercise14
a significant influence over the activities of a licensee authorized or to be15
authorized by this Chapter, shall meet all suitability requirements and16
qualifications for licensees. For the purposes of this Chapter, all gaming related17
associations, outstanding loans, promissory notes, or other financial18
indebtedness of an applicant or licensee must be revealed to the board for the19
purposes of determining significant 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 and if, as a result, any person holding28
a license issued pursuant to the provisions of this Chapter is not or may no29
longer be qualified or suitable, the board shall issue, under penalty of30 SB NO. 575 ENROLLED
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revocation of the license, a condition naming the person who failed to provide1
all or part of the documents or information required by the board and declaring2
that such person may not:3
(1) Receive dividends or interest on securities of a corporation holding4
a license, if the person has or controls directly or indirectly more than a five5
percent ownership, income, or profit interest in such corporation.6
(2) Exercise directly, or through a trustee or nominee, a right conferred7
by securities of a corporation holding a license, if the person has or controls8
directly or indirectly more than a five percent ownership, income, or profit9
interest in such corporation.10
(3) Receive remuneration or other economic benefit from any person11
holding a license issued pursuant to the provisions of this Chapter.12
(4) Exercise significant influence over the activities of a person holding13
a license issued pursuant to the provisions of this Chapter.14
(5) Continue owning or holding a security of a corporation holding a15
license if the person has or controls directly or indirectly more than a five16
percent ownership, income, or profit interest in such corporation.17
G.(1) An institutional investor otherwise required to be found suitable18
or qualified pursuant to the provisions of this Chapter and the rules adopted19
pursuant thereto shall be presumed suitable or qualified upon submitting20
documentation sufficient to establish qualifications as an institutional investor21
as provided herein, and upon certifying that:22
(a) It owns, holds, or controls publicly traded securities issued by a23
licensee or permittee or a holding, intermediate, or parent company of a licensee24
or permittee in the ordinary course of business for investment purposes only.25
(b) It does not exercise influence over the affairs of the issuer of such26
securities or over any licensed or permitted subsidiary of the issuer of such27
securities.28
(c) It does not intend to exercise influence over the affairs of the issuer29
of such securities, or over any licensed or permitted subsidiary of the issuer of30 SB NO. 575 ENROLLED
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such securities, in the future, and that it agrees to notify the board in writing1
within thirty days if such intent should change.2
(2) The exercise of voting privileges with regard to publicly traded3
securities shall not be deemed to constitute the exercise of influence over the4
affairs of a licensee.5
(3) The provisions of this Subsection shall not be construed to preclude6
the Louisiana Gaming Control Board from investigating the suitability or7
qualifications of an institutional investor should the Louisiana Gaming Control8
Board become aware of facts or information which may result in such9
institutional investor being found unsuitable or disqualified.10
H.(1) On or after August 15, 2009, a licensee who employs a designated11
representative at a licensed qualified truck stop facility, Louisiana State Racing12
Commission licensed pari-mutuel wagering facility, or an offtrack wagering13
facility shall do all of the following prior to employing the person:14
(a) Obtain conviction records of an applicant seeking employment as a15
designated representative pursuant to the provisions of R.S. 15:587(E).16
(b) Determine that, based upon those conviction records, the applicant17
meets the suitability requirements provided for in Subsection A of this Section.18
(2) The licensee shall have a continuing duty to inform the division of19
any action taken by the designated representative which they believe would20
constitute a violation of this Chapter.21
(3) The licensee shall maintain the information required by the22
provisions of this Subsection and have it readily available for inspection by the23
division.24
§428. (Reserved)25
PART V. REGULATION AND ENFORCEMENT26
§429. Regulation of video draw poker devices; Louisiana Gaming Control27
Board; gaming division28
A. The Louisiana Gaming Control Board shall perform the duties and29
functions as authorized by the provisions of this Chapter and the regulatory30 SB NO. 575 ENROLLED
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authority with respect to the regulation of video draw poker devices as provided1
by R.S. 27:15.2
B. The Department of Public Safety and Corrections, office of state3
police, gaming division, shall perform the duties and functions as authorized by4
the provisions of this Chapter and the provisions of R.S. 27:20.5
§430. Rules and regulations; reporting to board or division6
A. The board shall promulgate rules and regulations for the counting7
and collecting of all net device revenues and for the timely payment of all license8
fees and penalties. The board or division, where applicable, may institute9
proceedings for the collection of fees and penalties.10
B. Each month, the device owner must give the division a report11
containing the:12
(1) Serial number of each video draw poker device.13
(2) Name and address of the establishment where each device is located.14
(3) Computer printouts of the net revenue of each device taken directly15
from the device's electronic accounting devices, if requested by the board or16
division, where applicable.17
C. The division may require any device owner to maintain or submit any18
data, information, record, or reports required by this Chapter in any computer19
form, program, or storage consistent with its recordkeeping or computer system20
or access. Any rule or regulation promulgated pursuant to this Subsection shall21
apply to the records of all device owners.22
D. Video draw poker devices placed in a licensed establishment which23
is a restaurant shall be operated and played only in a designated area, as24
approved by the division, which is separated from restaurant patrons seated in25
the dining area of the restaurant.26
E. Except for a uniform logo and advertising notice approved by the27
board, the board may promulgate rules to prohibit licensed establishments from28
advertising video gaming activities on the outside of the premises where video29
gaming devices are located.30 SB NO. 575 ENROLLED
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F.(1) The board may establish by rule criteria for the physical placement1
of video draw poker devices within a licensed establishment.2
(2) Any establishment which allows minors to enter the area where video3
draw poker devices are located or operated shall separate any video draw poker4
devices from the sight of any minor by placing a partition of at least five feet in5
height between the video draw poker devices and in any area where a minor6
may be present.7
§431. Powers and duties of the board or division; restrictions; permits8
A. The board shall promulgate rules and regulations necessary to9
facilitate implementation of this Chapter and specifically to:10
(1) Provide permit, application, and licensing procedures.11
(2) Prescribe necessary application and reporting forms.12
(3) Establish qualifications and duties of certified technicians.13
(4) Provide for the protection of legitimate economic interests of14
licensees, creditors, and other parties involved in the operation, financing,15
manufacture, distribution, sale, and servicing of video draw poker devices and16
equipment.17
B.(1) The board or division, as may be applicable, may deny or18
condition any license or permit applied for or issued pursuant to the provisions19
of this Chapter for any violation of the provisions of this Chapter, Chapter 2 of20
this Title, or any rule of the board. The board or division, as may be applicable,21
shall not levy a penalty against, condition the license or permit of, or reinstate22
the license or permit of, any person or the approval of any device unless and23
until the person or device meets all the criteria and requirements to be licensed24
or approved for play.25
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection,26
no sanction or denial of a license renewal application, revocation of a license, or27
license suspension shall be imposed for a period in excess of ten calendar days28
against any person to whom a license for the operation of video draw poker29
devices has been issued for the failure to disclose all criminal charges resulting30 SB NO. 575 ENROLLED
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in any misdemeanor conviction, provided that the person has not previously1
been cited for the same nondisclosure regulatory offense within a one-year2
period prior to the current regulatory offense. However, the failure to disclose3
all charges resulting in any misdemeanor conviction may be considered and4
utilized within the provisions set forth under R.S. 27:427, and there shall be no5
limitation as to the sanction imposed.6
(3) The board or division, as may be applicable, may initiate an7
administrative action as defined in R.S. 27:3 and may revoke or suspend the8
license of any person or approval of any device issued pursuant to the provisions9
of this Chapter for violations as provided for in R.S. 27:433(A).10
(4) The board or division, as may be applicable, shall allow a licensee to11
temporarily turn in his license for reason of force majeure affecting the ability12
to operate the business described in the application for an indefinite period of13
time as determined by the division. During the time the license is turned in, the14
licensee shall be eligible to renew the license. When the licensee is able to15
resume business operations and is in compliance with all applicable physical16
amenities and permit requirements, the license shall be returned to the licensee17
within ten days of completion of a compliance inspection by the division.18
(5) The board or division, as may be applicable, shall terminate the19
device operation fees paid pursuant to R.S. 27:435(A)(5) when a licensed video20
draw poker device is destroyed as the result of force majeure. In such a case, the21
device operation fees shall terminate in the quarter following the quarter in22
which the device was destroyed.23
C. The board or division, as may be applicable, may initiate an24
administrative action as defined in R.S. 27:3 against any licensee issued a25
license, permit, or approval and may revoke or suspend the license or permit26
of any person or approval of any device issued pursuant to the provisions of this27
Chapter if the board finds that the person licensed or permitted or device28
approved did not meet, at the time of application, or does not continue to meet29
the suitability requirements provided for in this Chapter, Chapter 2 of this30 SB NO. 575 ENROLLED
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Title, or in any rules adopted by the board and promulgated in Chapter III or1
XI of Title 42 of the Louisiana Administrative Code governing the operation of2
video draw poker devices which provide for suitability criteria.3
D. For a period of five years from the date of the revocation of the4
license, no license authorized by this Chapter may be granted to any person5
whose previous license was revoked by the division.6
E. The division and its agents may:7
(1) Inspect and examine all premises where video draw poker devices8
are offered for play or where video draw poker devices or equipment are9
manufactured, sold, or distributed.10
(2) Inspect all video draw poker devices and related equipment and11
supplies in, upon, or about such premises.12
(3) Summarily seize and remove from such premises and impound any13
video draw devices, equipment, or supplies for the purpose of examination and14
inspection.15
(4) Request that the board promulgate rules and regulations requiring16
licensees or former licensees to maintain specified records, including financial17
and income records, of video draw poker devices and operations.18
(5) Request that the board promulgate rules and regulations to provide19
for minimum physical security standards at licensed establishments to maintain20
safety and integrity within the gaming area.21
F. The board or the division, as may be applicable, shall have the22
authority to issue subpoenas and to compel the attendance of witnesses before23
it, to administer oaths at its official proceedings, to require testimony under24
oath, and to punish as contempt the failure to obey its orders. Appeals of an25
action by the board or division, where applicable, holding a person in contempt26
shall be taken to the Nineteenth Judicial District Court.27
G. The board or division, where applicable, within ten days after28
granting a license for the placement of video draw poker devices in a licensed29
establishment, shall notify the local governing authority of the municipality or,30 SB NO. 575 ENROLLED
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if not in a municipality, of the parish where the licensed establishment is located1
of the approval and granting of the license.2
H. When an establishment licensed to operate video draw poker devices3
requests the division to disable such devices, such licensee shall also provide the4
notice of such request to the owner of the devices. The board shall adopt rules5
to implement this process.6
§§432 - 434. (Reserved)7
PART VI. FRANCHISE PAYMENTS, FEES, DISTRIBUTION OF REVENUE8
§§435 - 439. (Reserved)9
PART VII. CRIMES AND PROHIBITED CONDUCT10
§§440 - 444. (Reserved)11
PART VIII. VIDEO DRAW POKER EMPLOYEE PERMITS12
§§445 - 450. (Reserved)13
PART IX. MISCELLANEOUS14
§§451 - 457. (Reserved)15
CHAPTER 8. 9. MISCELLANEOUS GAMING PROVISIONS16
§401. 501. Potential problems with gaming and gambling; educational program17
A. The Department of Health and Hospitals, office of behavioral health, shall18
develop and fund a program for educating students in public and nonpublic19
elementary and secondary schools about the potential problems associated with20
gaming and gambling.21
B. The state Department of Education shall implement the program in public22
elementary and secondary schools and shall make the program available to nonpublic23
elementary and secondary schools.24
C. The program may be implemented through or in association with the25
statewide D.A.R.E. program or a similar program.26
§402. 502. Raffles under two hundred fifty dollars27
A. Notwithstanding any provision of law to the contrary, a raffle or raffles28
may be conducted by any person twenty-one years of age or older for any purpose29
provided that the value of the prize played for does not exceed two hundred fifty30 SB NO. 575 ENROLLED
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dollars.1
B. For purposes of this Section, "raffle" or "raffles" means any game of2
chance played by drawing for prizes or the allotment of prizes by chance, by the3
selling of shares, tickets, or rights to participate in such game or games, or by4
conducting the game or games accordingly.5
Section 3. Chapter 6 of Title 27 of the Louisiana Revised Statutes of 1950,6
comprised of R.S. 27:301 through 326, is hereby repealed in its entirety.7
Section 4. The Louisiana Legislature hereby renumbers and redesignates the8
following provisions in the reserved provisions of this Act as follows: R.S. 27:303 as R.S.9
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.10
27:428, R.S. 27:308.1 as R.S. 27:432, R.S. 27:308.2 as R.S. 27:433, R.S. 27:313 as R.S.11
27:434, R.S. 27:311 as R.S. 27:435, R.S. 27:311.9 as R.S. 27:436, R.S. 27:312 as R.S.12
27:437, R.S. 27:318 as R.S. 27:438, R.S. 27:323 as R.S. 27:439, R.S. 27:309 as R.S. 27:440,13
R.S. 27:315 as R.S. 27:441, R.S. 27:316 as R.S. 27:442, R.S. 27:319 as R.S. 27:443, R.S.14
27:322 as R.S. 27:444, R.S. 27:311.1 as R.S. 27:445, R.S. 27:311.2 as R.S. 27:446, R.S.15
27:311.3 as R.S. 27:447, R.S. 27:311.4 as R.S. 27:448, R.S. 27:311.5 as R.S. 27:449, R.S.16
27:311.6 as R.S. 27:450, R.S. 27:314 as R.S. 27:451, R.S. 27:324 as R.S. 27:452, R.S.17
27:320 as R.S. 27:453, R.S. 27:326 as R.S. 27:454, R.S. 27:317 as R.S. 27:455, R.S. 27:32518
as R.S. 27:456, and R.S. 27:311.8 as R.S. 27:457.19
Section 5. The Louisiana State Law Institute is hereby directed to make technical20
changes to statutory laws as necessary to reflect the name changes provided for in this Act.21
Section 6. The provisions of this Act shall become effective August 1, 2012.22
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: