FIRST REGULAR SESSION SENATE BILL NO. 112 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR MAY. 0108S.01I KRISTINA MARTIN, Secretary AN ACT To amend chapter 313, RSMo, by adding thereto seven new sections relating to video lottery, with penalty provisions. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Chapter 313, RSMo, is amended by adding thereto 1 seven new sections, to be known as sections 313.425, 313.427, 2 313.429, 313.431, 313.433, 313.435, and 313.440, to read as 3 follows:4 313.425. Sections 313.425 to 313.435 shall be known 1 and may be cited as the "Missouri Video Lottery Control Act" 2 and shall establish the regulatory framework for the use of 3 player-activated video terminals for the conduct of lottery 4 games. 5 313.427. As used in sections 313.425 to 313.435, the 1 following words and phrases shall mean: 2 (1) "Centralized computer system", a computerized 3 system developed or procured by the commission that video 4 lottery game terminals are connected to using standard 5 industry protocols that can activate or deactivate a 6 particular video lottery game termina l from a remote 7 location, and that is capable of monitoring and auditing 8 video lottery game plays; 9 (2) "Commission" or "lottery commission", the five - 10 member body appointed by the governor to manage and oversee 11 the lottery under section 313.215; 12 SB 112 2 (3) "Establishment", any establishment registered to 13 do business in this state by a person licensed as a video 14 lottery game retailer that is or becomes licensed under 15 chapter 311 to sell liquor at retail, and that is one or 16 more of the following: 17 (a) A fraternal organization or veterans' organization 18 that maintains a license issued under chapter 311 to sell 19 intoxicating liquor, and that obtains and maintains a 20 license issued by the commission to offer lottery games 21 played on video lottery game terminals; 22 (b) A truck stop equipped for fueling commercial 23 vehicles, that has sold on average ten thousand gallons of 24 diesel or biodiesel fuel each month for the previous twelve 25 months or is projected to sell an average of ten thousand 26 gallons of diesel or biodiesel fuel each month for the next 27 twelve months, that is situated on more than two acres of 28 land adjacent to a major state or federal highway, that 29 maintains a license issued under chapter 311 to sell 30 intoxicating liquor, and tha t obtains and maintains a 31 license issued by the commission to offer lottery games 32 played on video lottery game terminals; 33 (c) A convenience store that has sold on average ten 34 thousand gallons of fuel each month for the previous twelve 35 months or is projected to sell an average of ten thousand 36 gallons of fuel each month for the next twelve months, that 37 maintains a license issued under chapter 311 to sell 38 intoxicating liquor, and that obtains and maintains a 39 license issued by the commission to of fer lottery games 40 played on video lottery game terminals; 41 (d) A bar, tavern, or restaurant that maintains a 42 license issued under chapter 311 to sell intoxicating 43 liquor, and that obtains and maintains a license issued by 44 SB 112 3 the commission to offer l ottery games played on video 45 lottery game terminals; 46 (e) A liquor store that maintains a license issued 47 under chapter 311 to sell intoxicating liquor, and that 48 obtains and maintains a license issued by the commission to 49 offer lottery games played on video lottery game terminals; 50 (f) A grocery store that maintains a license issued 51 under chapter 311 to sell intoxicating liquor, and that 52 obtains and maintains a license issued by the commission to 53 offer lottery games played on video lottery g ame terminals; 54 (4) "Fraternal organization", any organization within 55 this state operating under the lodge system which exists for 56 the common benefit, brotherhood, or other interest of its 57 members, except college fraternities and sororities, of 58 which no part of the net earnings inures to the benefit of 59 any private shareholder or any individual member of such 60 organization, which has been exempted from the payment of 61 federal income tax, and which derives its charter from a 62 national fraternal orga nization which regularly meets; 63 (5) "Veterans' organization", a post or organization 64 of veterans, or an auxiliary unit or society of, or a trust 65 or foundation for, any such post or organization organized 66 in the United States or any of its possessi ons in which at 67 least seventy-five percent of the members are veterans of 68 the United States armed forces and substantially all of the 69 other members are individuals who are veterans or are 70 cadets, or are spouses, widows, or widowers of war veterans 71 of such individuals, in which no part of the net earnings 72 inures to the benefit of any private shareholder or 73 individual, and which has been exempted from payment of 74 federal income taxes; 75 SB 112 4 (6) "Video lottery game", any lottery game approved by 76 the commission for play on a video lottery game terminal 77 using video lottery game terminal credits that have been 78 purchased with cash, cash equivalents, or by a winning video 79 lottery game terminal ticket; 80 (7) "Video lottery game adjusted gross receipts" , the 81 total of cash or cash equivalents used for the play of a 82 video lottery game on a video lottery game terminal minus 83 cash or cash equivalent paid to players as a result of 84 playing video lottery games on a video lottery game terminal; 85 (8) "Video lottery game distributor", a person 86 licensed by the commission to buy, sell, lease, rent, 87 finance or otherwise provide, distribute, or service video 88 lottery game terminals or major parts and components of 89 video lottery game terminals, including used or refurbished 90 video lottery game terminals to and from licensed video 91 lottery game manufacturers and licensed video lottery game 92 operators; 93 (9) "Video lottery game handler", a person employed by 94 a licensed video lottery game operator to handle, place, 95 operate, and service video lottery game terminals and 96 associated equipment; 97 (10) "Video lottery game manufacturer", any person 98 that manufactures video lottery game terminals or major 99 parts and components for video lottery game terminals a s 100 approved by the lottery commission; 101 (11) "Video lottery game operator", a person licensed 102 by the commission that owns, rents, or leases and services 103 or maintains video lottery game terminals for placement in 104 licensed video lottery game retailer establishments; 105 (12) "Video lottery game retailer", a person meeting 106 the requirements of a lottery game retailer under section 107 SB 112 5 313.260, possessing a video lottery game retailer's license, 108 and possessing a license to sell liquor, and with whom a 109 licensed video lottery game operator has contracted for the 110 placement of a video lottery game terminal or terminals, 111 provided the video lottery game retailer and video lottery 112 game operator do not have identical ownership; 113 (13) "Video lottery game terminal", a player-activated 114 terminal that exchanges coins, currency, tickets, ticket 115 vouchers, or other electronic payment methods approved by 116 the commission for video lottery game terminal credits used 117 to play video lottery games approved by the co mmission. 118 Such video lottery game terminals shall use a video display 119 and microprocessor capable of randomly generating the 120 outcome of video lottery games and be capable of printing a 121 ticket at the conclusion of any video lottery game play that 122 is redeemable at a video lottery game ticket redemption 123 terminal or reinserted into a video lottery game terminal 124 for video lottery game credit. All video lottery games 125 approved by the commission for play on a video lottery game 126 terminal shall have a minim um theoretical payout of eighty - 127 five percent; 128 (14) "Video lottery game terminal credit", one cent, 129 five cents, ten cents, or twenty -five cents either won or 130 purchased by a player on a video lottery game terminal that 131 is used to play video lottery games and that may be 132 converted into a video lottery game ticket; 133 (15) "Video lottery game ticket" or "ticket", a 134 document printed at the conclusion of any lottery game play 135 or group of plays on a video lottery game terminal that is 136 redeemable for cash utilizing a video lottery game ticket 137 redemption terminal or that may be reinserted into a video 138 SB 112 6 lottery game terminal in the establishment for which it was 139 issued for video lottery terminal game play credit; 140 (16) "Video lottery game ticke t redemption terminal", 141 the collective hardware, software, communications 142 technology, and other ancillary equipment used to facilitate 143 the payment of tickets cashed out by players as a result of 144 playing a video lottery game terminal. 145 313.429. 1. The commission shall implement a system 1 of video lottery game terminals utilizing a licensing 2 structure for processing license applications and issuing 3 licenses to video lottery game manufacturers, video lottery 4 game distributors, video lottery game operators, video 5 lottery game handlers, and video lottery game retailers for 6 the conduct of lottery games utilizing video lottery game 7 terminals within the state; except that, a person licensed 8 as a: 9 (1) Video lottery game manufactur er or a video lottery 10 game distributor shall not be issued a license as a video 11 lottery game operator or a video lottery game retailer; 12 (2) Video lottery game operator shall not be issued a 13 license as a video lottery game manufacturer or a video 14 lottery game distributor; and 15 (3) Video lottery game retailer shall not be issued a 16 license as a video lottery game manufacturer or a video 17 lottery game distributor. 18 Nothing in this subsection shall prevent a video lottery 19 game manufacturer from o btaining a video lottery game 20 manufacturer's license and a video lottery game 21 distributor's license and providing and operating the 22 centralized computer system for monitoring video lottery 23 game terminals, and nothing in this subsection shall prevent 24 SB 112 7 a video lottery game operator from obtaining a video lottery 25 game retailer's license or a video lottery game retailer 26 from obtaining a video lottery game operator's license, 27 provided the applicant meets the requirements for all such 28 licenses. 29 2. Under no circumstances shall the commission: 30 (1) Authorize or allow a single vendor or licensee to 31 implement the system of video lottery game terminals created 32 under this section; or 33 (2) Allow a single licensed video lottery game 34 operator to control or operate more than twenty -five percent 35 of video lottery game terminals in the state. 36 3. (1) The video lottery game system authorized by 37 this section shall allow for multiple video lottery game 38 manufacturers, video lottery game distribut ors, and video 39 lottery game operators to encourage private sector 40 investment and job opportunities for Missouri citizens. 41 Video lottery game terminals shall be connected to a 42 centralized computer system developed or procured by the 43 commission. The commission shall provide licensed video 44 lottery game operators with the necessary protocols to 45 connect the operators' video lottery game terminal or 46 terminals to the centralized computer system after such 47 terminal or terminals have been approved by the commission. 48 No video lottery game terminal shall be placed in operation 49 without first connecting to the centralized computer system 50 after such terminal or terminals have been approved by the 51 commission. A vendor that provides the centralized computer 52 system authorized under this subsection shall not be 53 eligible to be licensed as a video lottery game operator or 54 video lottery game retailer. The commission may impose an 55 initial nonrefundable license application fee as follows: 56 SB 112 8 (a) For video lottery game manufacturers, video 57 lottery game distributors, and video lottery game operators, 58 no more than fifty thousand dollars; 59 (b) For video lottery game retailer establishments, no 60 more than five hundred dollars; or 61 (c) For video lottery game handlers, no more than one 62 hundred dollars. 63 (2) The initial license and first subsequent license 64 renewal shall be for a period of one year. Thereafter, 65 license renewal periods shall be four years with the 66 applicable annual renewal fee pai d for each year such 67 license is renewed. Annual license renewal fees for anyone 68 licensed pursuant to this subsection shall be as follows: 69 (a) Five thousand dollars for video lottery game 70 manufacturers and video lottery game distributors; 71 (b) Five thousand dollars for video lottery game 72 operators; 73 (c) Fifty dollars for video lottery game handlers; and 74 (d) Five hundred dollars for each video lottery game 75 retailer's establishment. 76 (3) In addition to the license fees required in 77 subdivisions (1) and (2) of this subsection, video lottery 78 game operators shall pay the commission an annual license 79 fee of two hundred dollars for each video lottery game 80 terminal placed in service. Such video lottery game 81 terminal license shall be renewed each year and cost two 82 hundred dollars. A license issued under this subsection is 83 nontransferable. 84 (4) Nothing in this subsection shall be construed to 85 relieve the licensee of the affirmative duty to notify the 86 commission of any chan ge relating to the status of the 87 SB 112 9 license or to any other information contained in the 88 application materials on file with the commission. 89 4. No license shall be issued to any person, and no 90 person shall be allowed to serve as a sales agent, who has 91 been convicted of a felony or a crime involving illegal 92 gambling. 93 5. No license requirement, sticker fee, or tax shall 94 be imposed by any local jurisdiction upon a video lottery 95 game manufacturer, video lottery game distributor, video 96 lottery game operator, video lottery game retailer, video 97 lottery game handler, or video lottery game terminal or an 98 establishment relating to the operation of video lottery 99 games, video lottery game terminals, or associated equipment. 100 6. (1) Video lottery game terminals shall meet 101 independent testing standards approved by the commission, as 102 tested by one or more approved independent test labs, and be 103 capable of randomly generating the outcome of video lottery 104 games approved by the commission. Video lottery game 105 terminals shall be capable of printing a ticket redeemable 106 for winning video lottery game plays. Such video lottery 107 game terminals shall be inspected and approved by the 108 commission prior to being sold, leased, or transferred. 109 (2) Licensed video lottery game manufacturers may buy, 110 sell, or lease new or refurbished video lottery game 111 terminals to and from licensed video lottery game 112 distributors. 113 (3) Licensed video lottery game distributors may buy, 114 sell, or lease new or refurb ished video lottery game 115 terminals to or from licensed video lottery game 116 manufacturers or licensed video lottery game operators. 117 7. (1) Licensed video lottery game operators: 118 SB 112 10 (a) May buy, lease, or rent video lottery game 119 terminals from licensed video lottery game manufacturers, 120 operators, or distributors; 121 (b) May handle, place, and service video lottery game 122 terminals; 123 (c) Shall connect such video lottery game terminals to 124 the centralized computer system approved by the comm ission; 125 and 126 (d) Shall pay winning tickets using a video lottery 127 game ticket redemption terminal. Such video lottery ticket 128 redemption terminal shall be located within the video 129 lottery game retailer's establishment in direct proximity of 130 where such video lottery games are offered. Video lottery 131 game operators shall pay the commission thirty -two percent 132 of any unclaimed cash prize associated with a winning ticket 133 that has not been redeemed within one year of issue. 134 Rents or leases for video lottery game terminals shall be 135 written at a flat rate and shall not include revenue 136 splitting as a method used in the calculation of the lease 137 or rent. 138 (2) Licensed video lottery game operators and licensed 139 video lottery game retailers shall ente r into a written 140 agreement for the placement of video lottery game 141 terminals. The agreement shall be on a form approved by the 142 commission and shall specify a freely negotiated and agreed 143 upon division of adjusted gross receipts between the video 144 lottery game operator and the video lottery game retailer 145 after adjustments for taxes and administrative fees are 146 made. A video lottery game operator shall be responsible 147 for remitting to the commission and the video lottery game 148 retailer its share of adj usted gross receipts. Video 149 SB 112 11 lottery game retailers that are also video lottery game 150 operators and licensed video lottery game operators that are 151 also video lottery game retailers shall only be required to 152 submit an agreement pursuant to this subdivisi on if the 153 ownership is not identical in both entities. Nothing in 154 this subdivision shall prohibit a licensed video lottery 155 game operator from entering into an agreement with a sales 156 agent for retailer agreements, provided such agreement is in 157 writing and approved by the commission. No video lottery 158 game operator or its sales agents, employees, or affiliates 159 may offer, promise, or tender any property or personal 160 advantage to any employee or agent of any video lottery game 161 retailer with the intent to influence such video lottery 162 game retailer with respect to locating any video gaming 163 terminal in the video lottery game retailer's 164 establishment. Video lottery game operators and video 165 lottery game retailers may allocate costs related to the 166 operation, promotion, and maintenance of video lottery game 167 terminals in any manner that has been mutually agreed to. 168 An agreement for the placement of video lottery game 169 terminals, or any similar agreement, entered into prior to 170 the enactment of sections 313.425 to 313.435 shall be 171 invalid and unenforceable. Persons violating this 172 subdivision are subject to the loss or prohibition of their 173 video lottery game operator's license. 174 (3) Nothing in this section shall be construed to 175 prevent a video lottery game operator or a video lottery 176 retailer from using a player rewards system as approved by 177 the commission. No player shall be required to enroll in a 178 rewards program offered by a video lottery game operator or 179 video lottery game retailer as a c ondition to play video 180 lottery games. 181 SB 112 12 8. No licensed video lottery game operator shall: 182 (1) Offer video lottery gaming terminals that directly 183 dispense anything of value except for tickets for winning 184 plays. Tickets shall be dispensed by pr essing the ticket 185 dispensing button on the video lottery gaming terminal at 186 the end of any video lottery game play. The ticket shall 187 indicate the total amount of video lottery game terminal 188 credits and the cash award, the time of day in a twenty -four- 189 hour format showing hours and minutes, the date, the 190 terminal serial number, the sequential number of the ticket, 191 and an encrypted validation number from which the validity 192 of the prize may be determined. The cost of the video 193 lottery game terminal c redits shall be one cent, five cents, 194 ten cents, or twenty -five cents, and the maximum wager 195 played per video lottery game shall not exceed five 196 dollars. No cash award for the maximum wager played on any 197 individual video lottery game shall exceed one thousand 198 dollars; 199 (2) Operate in a retail establishment that is not also 200 licensed to sell liquor, except if the business of the 201 establishment is a truck stop where any state or local 202 ordinance prohibits the sale of intoxicating liquor; 203 (3) Operate more than five video lottery game 204 terminals at one video lottery game retailer establishment; 205 except if the establishment is a veterans' organization, 206 fraternal organization, or truck stop, such establishment 207 may operate up to ten video lottery game terminals as 208 approved by the commission; 209 (4) Allow video lottery games to be played at any time 210 when the video lottery game retailer's establishment is 211 closed for business. 212 SB 112 13 9. (1) A person under twenty -one years of age shall 213 not play video lottery games, and such video lottery game 214 terminals shall be under the supervision of a person that is 215 at least twenty-one years of age to prevent persons under 216 twenty-one years of age from playing video lottery games. 217 Video lottery game termi nals shall not be visible from areas 218 normally occupied by minors and shall be placed within the 219 unobstructed line of sight of the sales counter unless 220 placed in an enclosed or partially enclosed area that is 221 continually monitored by video surveillance. A warning sign 222 shall be posted in a conspicuous location where such video 223 lottery game terminals are located, containing in red 224 lettering at least one -half inch high on a white background 225 the following: 226 "YOU MUST BE AT LEAST 21 YEARS OF AGE TO PLAY V IDEO LOTTERY 227 GAMES" 228 In addition to the placement and supervision requirements of 229 this subsection, a video lottery game operator shall provide 230 video surveillance in the immediate area of the video 231 lottery game retailer's establishment where video lotter y 232 game terminals are located. Recorded video from such 233 surveillance system shall be made available to the 234 commission upon request and shall be reviewed by video 235 lottery game operators as reasonably and specifically 236 requested by the commission for any violation of law, rules, 237 or regulations governing the conduct of video lottery 238 games. A video lottery game operator that fails to review 239 such surveillance video and report any known violation of 240 law, rules, or regulations governing the conduct of vid eo 241 lottery games in conformance with established commission 242 procedures may be subject to an administrative fine not to 243 SB 112 14 exceed five thousand dollars. Any video lottery game 244 retailer that fails to report any known violation of law, 245 rules, or regulation s governing the conduct of video lottery 246 games in conformance with established commission procedures 247 may be subject to an administrative fine not to exceed five 248 thousand dollars. In the event a video lottery game 249 operator or retailer is found to have knowingly committed a 250 violation governing the conduct of video lottery games, the 251 commission may impose an administrative fine not to exceed 252 five thousand dollars, suspend such operator's or retailer's 253 license for up to thirty days, or in the case of r epeated 254 violations revoke such operator's or retailer's license for 255 a period of one year. Any video lottery game operator or 256 retailer aggrieved by the commission's decision in any 257 disciplinary action that results in the suspension or 258 revocation of such operator's or retailer's video lottery 259 game license may appeal such decision by filing an action in 260 circuit court. The commission shall refer a violation of 261 the criminal code, with any evidence thereof, to the 262 appropriate law enforcement officials. Video lottery game 263 retailers shall provide an intrusion detection system 264 capable of detecting unauthorized entrance of the video 265 lottery game retailer's establishment during nonbusiness 266 hours and shall report to the commission any unauthorized 267 entrance of the video lottery game retailer's 268 establishment. Such surveillance and intrusion detection 269 system shall meet specifications as defined by the 270 commission. 271 (2) A video lottery game operator shall post a sign in 272 a conspicuous location where such video lottery game 273 terminals are located, containing in red lettering at least 274 SB 112 15 one-half inch high on a white background a telephone contact 275 number (1-888-BETSOFF) for the problem gambling helpline. 276 10. (1) Video lottery game operators shall pay the 277 commission thirty-six percent of the video lottery game 278 adjusted gross receipts, which shall be deposited in the 279 state lottery fund. The commission shall transfer the 280 amount received from the operator from the lottery fund to 281 the lottery proceeds fund after administrative expenses 282 equal to four percent of the video lottery game adjusted 283 gross receipts are paid to the municipality where a licensed 284 video lottery game retailer maintains an establishment 285 licensed for the operation of video lot tery game terminals, 286 or if such licensed establishment is not located within the 287 corporate boundaries of a municipality, then the county 288 where such licensed establishment is located to reimburse 289 such municipality or county for administrative expenses, and 290 any administrative expenses for the commission that are not 291 covered by reimbursements from operators are deducted. Net 292 proceeds transferred to the lottery proceeds fund shall be 293 appropriated to public elementary and secondary education 294 and public institutions of higher education with an emphasis 295 on programs to promote science, technology, engineering, and 296 mathematics (STEM) and programs to promote workforce 297 development. 298 (2) Video lottery game operators shall retain sixty - 299 four percent of the video lottery game adjusted gross 300 receipts, a portion of which shall be utilized to pay for 301 administrative expenses which shall include the cost of the 302 centralized computer system, which cost shall be paid by 303 video lottery game operators in proport ion to the number of 304 video lottery game terminals operated and shall not be 305 apportioned by the video lottery game operator among video 306 SB 112 16 lottery game retailers to which it provides operations. The 307 remainder, after the costs of the centralized computer 308 system are paid, shall be divided between the video lottery 309 game operator and video lottery game retailer as agreed to 310 by the video lottery game operator and video lottery game 311 retailer under the freely negotiated agreement made under 312 subdivision (2) of subsection 7 of this section, unless the 313 video lottery game operator and video lottery game retailer 314 share the same ownership. 315 11. All revenues received by the commission from 316 license fees and any reimbursements associated with the 317 administration of the provisions of sections 313.425 to 318 313.435, and all interest earned thereon, shall be 319 considered administrative expenses and shall be deposited in 320 the state lottery fund. Moneys deposited into the state 321 lottery fund from license fees and any reimbursements of 322 commission administrative expenses to administer sections 323 313.425 to 313.435 shall be considered administrative 324 expenses and shall not be considered net proceeds pursuant 325 to article III, section 39(b) of the Missouri Constitution. 326 Subject to appropriation, up to one percent of such license 327 fees and reimbursements deposited to the credit of the state 328 lottery fund may be deposited to the credit of the 329 compulsive gamblers fund created under section 313.842. The 330 remainder of the mon ey deposited in the state lottery fund 331 from video lottery game license fees and any reimbursements 332 of commission administrative expenses to enforce sections 333 313.425 to 313.435 shall, subject to appropriation, be used 334 for administrative expenses associa ted with supervising and 335 enforcing the provisions of sections 313.425 to 313.435. 336 12. The commission may contract with a state law 337 enforcement entity to assist in conducting investigations 338 SB 112 17 into applicants for any video lottery game license and to 339 investigate violations by any video lottery game licensee of 340 any of the provisions of sections 313.425 to 313.435 or 341 state law regulating illegal gambling activities. A video 342 lottery game licensee suspected of a violation shall be 343 afforded an administrative hearing on the record, and any 344 action taken to impose a fine on such licensee, or to 345 suspend or revoke the ability of a licensee to offer lottery 346 game products for sale, shall be appealed to the 347 commission. Any such administrative suspension o r 348 revocation upheld by the commission may be appealed by the 349 video lottery game licensee in a state court of competent 350 jurisdiction. 351 13. The possession or use of any video lottery game 352 terminal not authorized by the commission under the 353 provisions of sections 313.425 to 313.435 may be prosecuted 354 under the provisions of chapter 572. The commission shall 355 have the power to investigate suspected violations by any 356 video lottery license holder and to refer any violations or 357 suspected violations to the appropriate law enforcement 358 authority. 359 14. The commission shall adopt rules for the 360 implementation of the video lottery game system authorized 361 under sections 313.425 to 313.435, including, but not 362 limited to, the placement of video lottery t erminals within 363 a retail establishment and for the active oversight of the 364 conduct of video lottery games. Any rule or portion of a 365 rule, as that term is defined in section 536.010 that is 366 created under the authority delegated in this section shall 367 become effective only if it complies with and is subject to 368 all of the provisions of chapter 536 and, if applicable, 369 section 536.028. This section and chapter 536 are 370 SB 112 18 nonseverable and if any of the powers vested with the 371 general assembly pursuant to ch apter 536 to review, to delay 372 the effective date, or to disapprove and annul a rule are 373 subsequently held unconstitutional, then the grant of 374 rulemaking authority and any rule proposed or adopted after 375 August 28, 2025, shall be invalid and void. 376 313.431. 1. In order to expedite the orderly 1 implementation of the video lottery game system authorized 2 under sections 313.425 to 313.435, the commission shall: 3 (1) Issue a request for proposal for the supply and 4 operation of a centralized computer system for video lottery 5 games within one hundred twenty days of the effective date 6 of this section; 7 (2) Make license applications for video lottery game 8 manufacturers, video lottery game distributors, video 9 lottery game operators, video lottery game retailers, and 10 video lottery game handlers available to applicants and 11 promulgate any emergency or regular rules and regulations 12 needed for the implementation of the video lottery system 13 authorized under sections 313.425 to 313.435 within one 14 hundred twenty days of the effective date of this section; 15 (3) Issue a provisional license to an applicant for a 16 video lottery game manufacturer's, video lottery game 17 distributor's, video lottery game operator's, video lottery 18 game retailer's, or video lottery game handler's license if 19 such applicant satisfies all of the following criteria to 20 the satisfaction of the commission: 21 (a) The applicant is current on all state taxes; 22 (b) The applicant has submitted a comp lete application 23 for licensure as a licensed video lottery game manufacturer, 24 video lottery game distributor, video lottery game operator, 25 video lottery game retailer, or video lottery game handler, 26 SB 112 19 which shall be submitted concurrently with the applic ant's 27 request for a provisional license; 28 (c) The applicant has never been convicted of any 29 felony or gambling law violation in any jurisdiction; and 30 (d) The applicant for a video lottery game retailer's 31 license has been issued and holds a va lid license to sell 32 liquor under chapter 311. 33 A provisional license shall be issued by the commission 34 within sixty days from the date on which the application was 35 first received unless the commission shows cause that the 36 license application is deficient or such applicant does not 37 meet the criteria for licensure. 38 2. The commission may issue provisional licenses prior 39 to the completion of a background check to an applicant that 40 is currently licensed under sections 313.200 to 313.435 or 41 sections 313.800 to 313.850; holds or is an affiliate of any 42 entity that holds a license in good standing from a 43 regulatory body of another state to operate, handle, or 44 maintain video gaming terminals or video lottery game 45 terminals that are substantially simil ar to video lottery 46 game terminals authorized under sections 313.425 to 313.435; 47 or if such person has been in the business of locating and 48 operating amusement games within this state continuously for 49 a period of five years. 50 3. A provisional license shall be valid until: 51 (1) The commission either approves or denies the 52 applicant's application for licensure; 53 (2) The provisional license is terminated for a 54 violation of this section; or 55 (3) One calendar year has passed since the p rovisional 56 license was issued. 57 SB 112 20 Nothing in this section shall prohibit an applicant for a 58 video lottery game manufacturer's, video lottery game 59 distributor's, video lottery game operator's, video lottery 60 game retailer's, or video lottery game handler's license 61 from applying for a renewal of the provisional license 62 issued under this section so long as the commission has not 63 made a final determination to award or deny the applicant a 64 license. 65 4. Each applicant shall attest by way of affidavit 66 under penalty of perjury that the applicant is not otherwise 67 prohibited from licensure according to the requirements of 68 this section. 69 5. All requests for provisional licensure under this 70 section shall include the following fee, which is in 71 addition to the applicable fee required for an application 72 for licensure and shall be retained by the commission: 73 (1) Five thousand dollars for a video lottery game 74 manufacturer and video lottery game distributor; 75 (2) Five thousand dollars for a vide o lottery game 76 operator; 77 (3) Five hundred dollars for a video lottery game 78 retailer's establishment; or 79 (4) One hundred dollars for a video lottery game 80 handler. 81 313.433. 1. Notwithstanding any other provision of 1 law to the contrary, participation by a person, firm, 2 corporation, or organization in any aspect of the state 3 lottery under sections 313.425 to 313.435 shall not be 4 construed to be a lottery or gift enterprise in violation of 5 section 39 of article III of the Constitution of Missouri. 6 2. The sale of lottery tickets, shares, or lottery 7 game plays using a video lottery game terminal under 8 SB 112 21 sections 313.425 to 313.435 shall not constitute a valid 9 reason to refuse to issue or renew or to revoke or suspend 10 any license or permit issued under the provisions of chapter 11 311. 12 313.435. A municipality may adopt an ordinance 1 prohibiting video lottery game terminals within the 2 corporate limits of such municipality within one hundred 3 twenty days from the effective date of this act. A county 4 commission may, for the unincorporated area of the county, 5 adopt an ordinance prohibiting video lottery game terminals 6 within the unincorporated area of the county within one 7 hundred twenty days from th e effective date of this act. 8 The commission shall not license video lottery game 9 retailers within such area covered by such ordinance. Any 10 such municipality or county that has opted to prohibit the 11 use of video lottery game terminals to play video l ottery 12 games may repeal such ordinance and upon such repeal the 13 commission may license video lottery game retailers within 14 such municipality or county to conduct video lottery games. 15 313.440. Notwithstanding any other provision of la w to 1 the contrary, the commission may incur fees when accepting 2 debit cards or other electronic payment methods, except 3 credit cards, for the sale of lottery game plays. 4