EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. FIRST REGULAR SESSION SENATE BILL NO. 73 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR HUDSON. 1408S.01I KRISTINA MARTIN, Secretary AN ACT To repeal sections 27.105, 572.010, 572.020, 572.070, and 572.100, RSMo, and to enact in lieu thereof thirteen new sections relating to gaming, with penalty provisions. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Sections 27.105, 572.010, 572.020, 572.070, 1 and 572.100, RSMo, are repealed and thirteen new sections 2 enacted in lieu thereof, to be known as sections 27.105, 3 313.425, 313.427, 313.429, 313.431, 313.433, 313.434, 313.435, 4 313.437, 572.010, 572.020, 572.070, and 572.100, to read as 5 follows:6 27.105. 1. The attorney general shall have a 1 concurrent duty, authority, and jurisdiction to enforce the 2 provisions of chapter 572 , to investigate, charge, and 3 prosecute violations of chapter 572, and to seize and seek 4 forfeiture of gambling devices pursuant to section 513.660. 5 The attorney general may coordinate invest igation and 6 enforcement efforts of the state lottery commission and 7 shall have the concurrent authority to charge and prosecute 8 alleged violations of chapter 572 brought by the state 9 lottery commission. 10 2. There is hereby created in the state tre asury the 11 "Illegal Gaming Enforcement Fund", which shall consist of 12 revenues received by the state lottery commission pursuant 13 to sections 313.425 to 313.437. The state treasurer shall 14 be custodian of the fund. In accordance with sections 15 SB 73 2 30.170 and 30.180, the state treasurer may approve 16 disbursements. Moneys in the fund shall be used by the 17 attorney general to investigate, enforce, charge, and 18 prosecute violations of chapter 572. Notwithstanding the 19 provisions of section 33.080 to the contrar y, any moneys 20 remaining in the fund at the end of the biennium shall not 21 revert to the credit of the general revenue fund. The state 22 treasurer shall invest moneys in the fund in the same manner 23 as other funds are invested. Any interest and moneys ear ned 24 on such investments shall be credited to the fund . 25 313.425. Sections 313.425 to 313.437 shall be known 1 and may be cited as the "Child Protection and Gaming 2 Regulation Act". The purpose of the act is to provide 3 additional funding for Missouri education programs and the 4 Missouri veterans commission by establishing a licensing and 5 regulatory framework for a system of video lottery terminals 6 to conduct lottery games. 7 313.427. As used in sections 313.425 to 313 .437, the 1 following terms shall mean: 2 (1) "Adjusted gross gaming revenue", the amount of 3 revenue generated by a video lottery game terminal remaining: 4 (a) After payments of winnings to players; and 5 (b) After deduction by the commission of that amount 6 necessary to pay direct administrative costs for the 7 operation of the centralized computer system, but before 8 deduction of the adjusted gross gaming revenue tax; 9 (2) "Adjusted gross gaming revenue tax", a tax of 10 thirty-four percent imposed on adjusted gross gaming revenue; 11 (3) "Centralized computer system", a computerized 12 system developed or procured by the commission to which 13 video lottery game terminals are connected, using standard 14 industry protocols that can activate or deactivate a 15 SB 73 3 particular video lottery game terminal from a remote 16 location, and that is capable of monitoring and auditing 17 video lottery game plays; 18 (4) "Commission" or "lottery commission", the state 19 lottery commission appointed by the governor to manage and 20 oversee the lottery under section 313.215; 21 (5) "Net terminal income", the amount of adjusted 22 gross gaming revenue remaining after deduction by the 23 commission of the adjusted gross gaming revenue tax; 24 (6) "Video lottery game", any game approved by the 25 commission for play on an approved video lottery game 26 terminal; 27 (7) "Video lottery game handler", a person who is 28 licensed by the commission and employed by a video lottery 29 game operator to handle, place, operate, and se rvice video 30 lottery game terminals and associated equipment; 31 (8) "Video lottery game manufacturer" or "video 32 lottery game distributor", a person that is licensed by the 33 commission who: 34 (a) Manufactures video lottery games, video lottery 35 game terminals, or major parts and components for video 36 lottery game terminals as approved by the commission for 37 sale to video lottery game operators; or 38 (b) Distributes or services video lottery games, video 39 lottery game terminals, or major parts an d components of 40 video lottery game terminals including buying, selling, 41 leasing, renting, or financing new, used, or refurbished 42 video lottery game terminals to and from licensed video 43 lottery game manufacturers and licensed video lottery game 44 operators; 45 (9) "Video lottery game retailer", a person that is 46 licensed by the commission to enter into agreements with 47 SB 73 4 video lottery game operators for the placement and operation 48 of video lottery game terminals holds a valid lottery game 49 retailer license under section 313.260; 50 (10) "Video lottery game terminal", a player -activated 51 terminal that exchanges coins, currency, tickets, ticket 52 vouchers, or electronic payment methods approved by the 53 commission for credit to play video lottery games ap proved 54 by the commission. Video lottery game terminals shall: 55 (a) Use a video display and microprocessor capable of 56 randomly generating the outcome of video lottery games; and 57 (b) Be configured to print and issue a ticket at the 58 conclusion of any video lottery game play that may be 59 redeemed at a video lottery game ticket redemption terminal 60 or may be reinserted into a video lottery game terminal for 61 video lottery game credit and game plays. All video lottery 62 games approved by the commis sion for play on a video lottery 63 game terminal shall have a minimum theoretical payout of 64 eighty percent; and 65 (c) Meet the minimum requirements set forth in section 66 313.429; 67 (11) "Video lottery game terminal credit", credits 68 either purchased or won on a video lottery game terminal 69 that may be used to play video lottery games or converted 70 into a video lottery game ticket; 71 (12) "Video lottery game terminal operator", a person 72 that is licensed by the commission and owns, rents, or 73 leases and services or maintains video lottery game 74 terminals for operation and placement in licensed video 75 lottery retailer establishments; 76 (13) "Video lottery game ticket" or "ticket", a 77 document printed at the conclusion of any video lottery game 78 play or group of plays that is redeemable for cash, 79 SB 73 5 utilizing a video lottery game ticket redemption terminal, 80 or may be reinserted into a video lottery game terminal 81 located in the video lottery game retailer from which such 82 ticket is issued for vide o lottery game terminal credit; 83 (14) "Video lottery game ticket redemption terminal", 84 the collective hardware, software, communications 85 technology, and other ancillary equipment used to facilitate 86 the payment of tickets cashed out by players as a result of 87 playing a video lottery game terminal; 88 (15) "Use agreement", a contract executed by and 89 between a video lottery terminal operator and a video 90 lottery terminal retailer on that form approved by the 91 commission establishing the right of th e video lottery 92 terminal operator to place and operate video lottery 93 terminals on the premises of a video lottery terminal 94 retailer. 95 313.429. 1. (1) The commission shall establish the 1 operation of lottery games via video lottery t erminals as 2 provided for in sections 313.425 to 313.437, and in 3 connection therewith, shall promulgate such rules and 4 regulations to implement the establishment and operation of 5 gaming via video lottery terminals as provided for in 6 sections 313.425 to 313.437. The commission shall have 7 jurisdiction over and shall supervise the operation and 8 licensing of video lottery gaming as provided for in 9 sections 313.425 to 313.437, and the commission shall 10 establish criteria to preserve the integrity and sec urity of 11 video lottery gaming in this state. The commission shall 12 adopt rules to ensure that all licensees are treated and all 13 licensees act in a non -discriminatory manner and develop 14 processes and penalties to enforce those rules. Such rules 15 and regulations shall be designed so that a lottery may be 16 SB 73 6 initiated at the earliest feasible and practicable time. 17 Any rule or portion of a rule, as that term is defined in 18 section 536.010, that is created under the authority 19 delegated in this section shal l become effective only if it 20 complies with and is subject to all of the provisions of 21 chapter 536 and, if applicable, section 536.028. This 22 section and chapter 536 are nonseverable and if any of the 23 powers vested with the general assembly pursuant to chapter 24 536 to review, to delay the effective date, or to disapprove 25 and annul a rule are subsequently held unconstitutional, 26 then the grant of rulemaking authority and any rule proposed 27 or adopted after August 28, 2025, shall be invalid and void. 28 (2) The commission shall implement a system of video 29 lottery game terminals and issue licenses to video lottery 30 game manufacturers, video lottery game distributors, video 31 lottery game operators, video lottery game handlers, and 32 video lottery game re tailers; provided, however, that no 33 person licensed as a: 34 (a) Video lottery game manufacturer or a video lottery 35 game distributor shall be issued a license as a video 36 lottery game operator or a video lottery game retailer; 37 (b) Video lottery game operator shall be issued a 38 license as a video lottery game manufacturer, a video 39 lottery game distributor, or a video lottery game retailer; 40 and 41 (c) Video lottery game retailer shall be issued a 42 license as a video lottery game manufacturer, a video 43 lottery game distributor, or a video lottery game operator. 44 (3) Nothing in this subsection shall prevent a video 45 lottery game manufacturer from obtaining a video lottery 46 game manufacturer's license and a video lottery game 47 distributor's license and providing and operating the 48 SB 73 7 centralized computer system for monitoring video lottery 49 game terminals. 50 (4) The commission shall not authorize or allow a 51 single vendor or licensee to implement the system of video 52 lottery game terminals. 53 2. (1) The commission shall ensure that the video 54 lottery game system authorized by sections 313.425 to 55 313.437 shall allow for multiple video lottery game 56 manufacturers, video lottery game distributors, and video 57 lottery game operators to encou rage private sector 58 investment and job opportunities for Missouri citizens. 59 (2) All video lottery game terminals, video lottery 60 games, and redemption devices shall be tested and approved 61 pursuant to the rules adopted by the commission, and each 62 video lottery game terminal and each video lottery game 63 offered in this state for play shall conform to a model 64 approved by the commission. For the examination of video 65 lottery game terminals and associated equipment as required 66 by this section, the co mmission shall utilize the services 67 of independent outside testing laboratories that have been 68 accredited in accordance with ISO/IEC 17025 by an 69 accreditation body that is a signatory to the International 70 Laboratory Accreditation Cooperation Mutual Rec ognition 71 Agreement signifying they are qualified to perform such 72 examinations. Notwithstanding any law to the contrary, the 73 commission shall consider the licensing of independent 74 outside testing laboratory applicants in accordance with 75 procedures established by the commission by rule. The 76 commission shall not withhold its approval of an independent 77 outside testing laboratory license applicant that has been 78 accredited as required by this section and is licensed in 79 lottery jurisdictions comparable to Missouri. Upon the 80 SB 73 8 finalization of required rules, the commission shall license 81 independent testing laboratories and accept the test reports 82 of any licensed testing laboratory of the video lottery 83 machine's or associated equipment manufacturer's ch oice, 84 notwithstanding the existence of contracts between the 85 commission and any independent testing laboratory. The 86 commission shall cause all keys and other required devices 87 to be provided to a video lottery game terminal operator 88 necessary to allow the video lottery game terminal operator 89 and video lottery game terminal handler access to the logic 90 door to the video lottery game terminal. Every video 91 lottery game terminal offered in this state for play shall 92 meet minimum standards approved by th e commission. Each 93 approved model shall, at a minimum, meet the following 94 criteria: 95 (a) The video lottery game terminal shall conform to 96 all requirements of federal law and regulations, including 97 FCC Class A Emissions Standards; 98 (b) The video lottery game terminal shall 99 theoretically pay out a mathematically demonstrable 100 percentage during the expected lifetime of the machine of 101 all amounts played, which shall not be less than eighty 102 percent. The commission shall establish a maximum pay out 103 percentage for approved models by rule. Video lottery game 104 terminals that may be affected by skill shall meet this 105 standard when using a method of play that will provide the 106 greatest return to the player over a period of continuous 107 play; 108 (c) The video lottery game terminal shall use a random 109 number generator computer, software, or similar random 110 selection process to generate and produce an independent and 111 random outcome of each play of a lottery game. The random 112 SB 73 9 selection process shall meet ninety-nine percent confidence 113 limits using a standard chi -squared test for goodness of fit; 114 (d) The video lottery game terminal shall display an 115 accurate representation of the game outcome; 116 (e) The video lottery game terminal shall not 117 automatically alter pay tables or any function of the video 118 lottery game terminal based on internal computation of hold 119 percentage or have any means of manipulation that affects 120 the random selection process or probabilities of winning a 121 game; 122 (f) The video lottery game terminal shall not be 123 adversely affected by static discharge or other 124 electromagnetic interference; 125 (g) The video lottery game terminal shall be capable 126 of detecting and displaying the following conditions during 127 idle states or on demand: power reset; door open; and door 128 just closed; 129 (h) The video lottery game terminal shall have the 130 capacity to display complete play history, including 131 outcome, intermediate play steps, credits available, bets 132 placed, credits paid , and credits cashed out for the most 133 recent game played and ten games prior thereto; 134 (i) The theoretical payback percentage of a video 135 lottery game terminal shall not be capable of being changed 136 without making a hardware or software change in the video 137 lottery game terminal, either on site or via the central 138 communications system; 139 (j) The video lottery game terminal shall be designed 140 so that replacement of parts or modules required for normal 141 maintenance does not necessitate replacement of the 142 electromechanical meters; 143 SB 73 10 (k) The video lottery game terminal shall have 144 nonresettable meters housed in a locked area of the video 145 lottery game terminal that keep a permanent record of all 146 cash inserted into the machine, all winnings made by the 147 terminal printer, credits played in for video lottery game 148 terminals, and credits won by video lottery players. The 149 video lottery game terminal shall provide the means for on - 150 demand display of stored information as determined by the 151 commission; 152 (l) Electronically stored meter information required 153 by this section shall be preserved for a minimum of one 154 hundred eighty days after a power loss to the service; 155 (m) The video lottery game terminal shall have one or 156 more mechanisms that accept cash in the form of bills. The 157 mechanisms shall be designed to prevent obtaining credits 158 without paying by stringing, slamming, drilling, or other 159 means. If such attempts at physical tampering are made, the 160 video lottery game terminal shall su spend itself from 161 operating until reset; 162 (n) The video lottery game terminal may be capable of 163 operating on a cashless basis pursuant to rules adopted by 164 the commission; 165 (o) The video lottery game terminal shall have 166 accounting software tha t keeps an electronic record which 167 includes, but is not limited to, the following: total cash 168 inserted into the video lottery game terminal, the value of 169 winning tickets claimed by players, the total credits 170 played, the total credits awarded by a video lottery game 171 terminal, and pay back percentage credited to players of 172 each video lottery game. The video lottery game terminal 173 shall be capable of issuing and accepting tickets for play; 174 SB 73 11 (p) The video lottery game terminal shall be linked by 175 a central communications system to provide auditing program 176 information as approved by the commission. The central 177 communications system shall use a standard industry 178 protocol, as defined by the Gaming Standards Association, 179 and shall have the functiona lity to enable the commission or 180 its designee to activate or deactivate individual lottery 181 devices from the central communications system. In no event 182 may the communications system approved by the commission 183 limit participation to only one manufacture r of video 184 lottery game terminals by either the cost in implementing 185 the necessary program modifications to communicate or the 186 inability to communicate with the central communications 187 system; 188 (q) Video lottery game terminals and redemption 189 terminals shall be connected to a centralized computer 190 system developed or procured by the commission. The 191 commission shall provide licensed video lottery game 192 terminal operators with the necessary protocols to connect 193 video lottery game terminals to the c entral control system 194 after such video lottery game terminals have been approved 195 by the commission. No video lottery game terminal or 196 redemption terminal shall be placed in operation unless 197 connected to the central control system. A vendor that 198 provides the centralized computer system authorized under 199 this subsection shall not be eligible to be licensed as a 200 video lottery game operator or video lottery game retailer; 201 (r) Video lottery game terminals shall not directly 202 dispense anything of va lue except for tickets representing 203 credits purchased or won on a video lottery game terminal. 204 The ticket shall indicate the total amount of award, the 205 time of day in a twenty -four-hour format showing hours and 206 SB 73 12 minutes, the date, the video lottery gam e terminal serial 207 number, the sequential number of the ticket, and an 208 encrypted validation number from which the validity of the 209 prize may be determined. 210 3. Video lottery game terminal operators and video 211 lottery game terminal retailers shall ent er into a use 212 agreement for the placement of video lottery game terminals, 213 and such agreement shall at a minimum: 214 (1) Be on a form approved by the commission; 215 (2) Specify an equal division of net terminal income; 216 (3) Have a minimum term of five years and a maximum 217 term of ten years; 218 (4) Be renewable for a minimum term of five years and 219 a maximum term of ten years; 220 (5) Require the video lottery game terminal operator 221 to be responsible for collection, remittance, and 222 disbursement of gross gaming revenue tax and net terminal 223 income; 224 (6) Be only between: 225 (a) A video lottery game terminal operator licensed by 226 the commission on or before the date the use agreement is 227 signed; and 228 (b) Either a video lottery ga me terminal retailer 229 licensed by the commission on or before the date the use 230 agreement is signed; or 231 (c) A person that has filed an application with the 232 commission to be a licensed video lottery game terminal 233 retailer; 234 (7) If an applicant becomes licensed as a video 235 lottery game terminal retailer by the commission, a first -in- 236 time use agreement, and any amendments thereto, shall 237 control over and be superior to any other use agreement 238 SB 73 13 executed on any date after the date of first -in-time use 239 agreement; provided, however, that a use agreement shall be 240 deemed null and void if either: 241 (a) The person executing the use agreement fails to 242 apply for a video lottery game terminal retailer's license 243 within one year of execution of the use agreement; or 244 (b) The person executing the use agreement is denied a 245 video lottery game terminal retailer's license by a final 246 decision of the commission; 247 (8) Contain an affirmative statement signed by the 248 video lottery game terminal operat or that no inducement was 249 offered regarding the placement or operation of video 250 lottery game terminals at the video lottery terminal 251 retailer's location; 252 (9) Contain an affirmative statement signed by the 253 video lottery terminal retailer that no i nducement was 254 accepted regarding the placement or operation of video 255 lottery terminals at the video lottery terminal retailer's 256 location; 257 (10) Contain an indemnity and hold harmless provision 258 on behalf of the state, the commission, and its agents 259 relative to any cause of action arising out of a use 260 agreement; 261 (11) Prohibit the assignment of the use agreement from 262 or to any person except from a video lottery game terminal 263 operator to another video lottery game terminal operator; 264 (12) Contain a provision that releases the video 265 lottery game terminal retailer from any continuing 266 contractual obligation to the video lottery game terminal 267 operator if the video lottery game terminal operator has its 268 license revoked or denied, has its r enewal denied, or 269 surrenders its license; 270 SB 73 14 (13) Identify any sales agent, if any, involved in the 271 solicitation or procurement of the use agreement on behalf 272 of the video lottery game terminal operator; 273 (14) Shall not provide for automatic ren ewal or 274 extension in the absence of cancellation prior to the 275 natural termination date of the use agreement; 276 (15) Contain a provision that the parties agree to 277 modify the use agreement to the extent necessary to comply 278 with a change in Missouri l aw or commission rules; 279 (16) The video lottery game terminal operator shall 280 provide a true and accurate copy of the executed use 281 agreement to the video lottery game terminal retailer within 282 ten days after execution by the parties. 283 4. (1) Video lottery game terminal operators and 284 their agents and affiliates shall not, directly or 285 indirectly, provide, offer, pay, promise, give, or transfer 286 anything of value to a video lottery game terminal retailer 287 or an applicant for a video lottery game terminal retailer 288 license in exchange for, or as an inducement to enter into a 289 use agreement for the placement of video lottery game 290 terminals at the video lottery game terminal retailer's 291 place of business. A video lottery game terminal operator 292 shall not, directly or indirectly, pay any portion of any 293 fee, permit, or tax imposed upon a video lottery game 294 terminal retailer except as expressly provided for in 295 sections 313.425 to 313.437. 296 (2) Video lottery game terminal retailers and their 297 agents and affiliates shall not, directly or indirectly, 298 accept anything of value offered by a video lottery game 299 terminal operator in exchange for, or as an inducement to 300 enter into a use agreement for, the placement of video 301 SB 73 15 lottery game terminals at t he video lottery game terminal 302 retailer's place of business. 303 5. (1) The commission may impose an initial 304 nonrefundable license application fee as follows: 305 (a) For video lottery game manufacturers and video 306 lottery game distributors, twenty -five thousand dollars; 307 (b) For video lottery game terminal operators, five 308 hundred thousand dollars; 309 (c) For video lottery game retailer establishments, 310 two thousand dollars; 311 (d) For video lottery game handlers, no more than one 312 hundred dollars. 313 (2) The initial license shall be for a period of one 314 year. Thereafter, license renewal periods shall be four 315 years with the applicable renewal fee paid for each year of 316 such license renewal in advance. Annual license renewal 317 fees for anyone licensed pursuant to this subsection, and 318 subsequent to the initial one -year period, shall be as 319 follows: 320 (a) Five thousand dollars for video lottery game 321 manufacturers and video lottery game distributors; 322 (b) Two hundred fifty tho usand dollars for video 323 lottery game terminal operators; 324 (c) One hundred dollars for video lottery game 325 handlers; 326 (d) One thousand dollars for each video lottery game 327 retailer. 328 (3) In addition to any other fees imposed by sections 329 313.425 to 313.437, an annual administrative fee of one 330 thousand dollars shall be paid for each video lottery game 331 terminal placed in service. Such administrative fee shall 332 be equally divided between the video lottery game operator 333 SB 73 16 and the video lottery game retailer; provided, however, that 334 the administrative fee shall be paid by the video lottery 335 game operator to the commission once per year and deposited 336 in the state lottery fund. After payment of the 337 administrative fee, the video lottery game op erator shall 338 deduct the video lottery game retailer's portion of said 339 administrative fee from the video lottery game retailer's 340 share of net terminal income. All fees or administrative 341 charges imposed on the operation and placement of video 342 lottery game terminals shall be divided equally between the 343 video lottery game terminal operator and the video lottery 344 game terminal retailer. 345 (4) The commission shall: 346 (a) Deposit three hundred dollars of the 347 administrative fee in the state lottery fund for use by the 348 commission in the administration of sections 313.425 to 349 313.437; 350 (b) Deposit two hundred dollars of the administrative 351 fee for use by the Missouri state highway patrol for 352 investigations and enforcement of sections 313.425 to 353 313.437; 354 (c) Deposit one hundred dollars of the administrative 355 fee in the Missouri attorney general's gaming enforcement 356 fund created in section 27.105; 357 (d) Deposit one hundred dollars of the administrative 358 fee in the veterans' commission c apital improvement trust 359 fund created pursuant to section 42.300. 360 (e) Deposit two hundred dollars of the administrative 361 fee to the municipality or county in which the video lottery 362 game terminal is located; 363 SB 73 17 (f) Deposit one hundred dollars of the administrative 364 fee to the compulsive gamblers fund created pursuant to 365 section 313.842. 366 (5) No license shall be issued to any person who has 367 been convicted of a felony or any crime involving illegal 368 gambling. 369 (6) A licensee shall notify the commission of any 370 change relating to the status of its license or any other 371 information contained in the application materials on file 372 with the commission. 373 6. No license requirement, permit fee, license fee, 374 sticker fee, or tax shall be imposed by any municipality, 375 county, or other political subdivision or unit of local 376 government upon a video lottery game manufacturer, video 377 lottery game distributor, video lottery game operator, video 378 lottery game retailer, video lottery game handler , or video 379 lottery game terminal or any other business establishment 380 relating to the operation of video lottery games, video 381 lottery game terminals, or associated equipment. All 382 licensees remain subject to all income taxes, sales taxes 383 and use taxes lawfully assessed by this state, or any 384 municipality, county, or other political subdivision of this 385 state; provided, however, that a municipality, county, or 386 other political subdivision of this state shall not impose, 387 levy, collect, or assess any lice nse requirement, tax or 388 fee, including but not limited to any permit tax or fee, 389 sticker fee, occupation tax or fee, amusement tax or fee, 390 property tax, or taxes or fees upon the play, use, 391 ownership, lease, placement, operation, repair, service, 392 transportation, or storage of any video lottery game 393 terminal, video lottery game, video lottery game terminal 394 manufacturer, video lottery game terminal distributor, video 395 SB 73 18 lottery game terminal operator, or video lottery game 396 terminal retailer. Notwithstanding the provisions of 397 section 32.057 to the contrary, the department of revenue 398 may furnish to the commission and the commission may receive 399 tax information to determine if applicants or licensees are 400 complying with the tax laws of this state; howeve r, any tax 401 information acquired by the commission shall not become 402 public record and shall be used exclusively for commission 403 business. 404 7. Video lottery game manufacturers, video lottery 405 game distributors, video lottery game operators, video 406 lottery game retailers, video lottery game handlers, or any 407 other business establishment involved with the operation of 408 video lottery games, video lottery game terminals, or 409 associated equipment shall not be required to pay any state 410 or local personal pro perty tax on any video lottery game 411 terminals, video lottery games, redemption terminals, or 412 associated equipment. 413 8. (1) Video lottery game terminals shall be 414 inspected and approved by the commission prior to being 415 transferred by the video lott ery game terminal operator to 416 the video lottery game retailer's location. 417 (2) Video lottery game manufacturers may buy, sell, or 418 lease new or refurbished video lottery game terminals to and 419 from video lottery game distributors and video lottery ga me 420 terminal operators. 421 (3) Video lottery game distributors may buy, sell, or 422 lease new or refurbished video lottery game terminals to or 423 from video lottery game manufacturers or video lottery game 424 operators. 425 (4) Video lottery game ticket re demption terminals 426 shall meet independent testing standards approved by the 427 SB 73 19 commission. Notwithstanding any other provision of the law 428 to the contrary, any video lottery game terminal operator 429 which owns or leases video lottery ticket redemption 430 terminals or Class III video gaming terminals which 431 otherwise comply with the minimum requirements for video 432 lottery gaming terminals as set forth in sections 313.425 to 433 313.437 prior to the operational date established in 434 subdivision (6) of subsection 1 o f section 313.431, may use 435 or sell such video lottery ticket redemption terminals or 436 Class III video gaming terminals pursuant to the terms of 437 sections 313.425 to 313.437. The commission shall approve 438 for use and sale any ticket redemption terminal or Class III 439 video gaming terminal that is in operation and meets the 440 requirements of sections 313.425 to 313.437. 441 9. (1) Pursuant to rules adopted by the commission, 442 video lottery game terminal operators: 443 (a) May buy, lease, or rent video lo ttery game 444 terminals from licensed video lottery game manufacturers or 445 distributors; 446 (b) May handle, place, and service video lottery game 447 terminals; 448 (c) Shall connect such video lottery game terminals to 449 the centralized computer system. 450 (2) Notwithstanding any other provision of law to the 451 contrary, all video lottery game tickets shall be redeemed 452 using a video lottery game ticket redemption terminal. Such 453 video lottery ticket redemption terminal shall be located 454 within the video lottery game retailer's establishment in 455 direct proximity to such video lottery game terminals. 456 Unredeemed video lottery game tickets shall expire one 457 hundred eighty days after the issuance date of such video 458 lottery game ticket. 459 SB 73 20 (3) A video lottery game terminal operator shall not 460 be, directly or indirectly, a landlord or lessor of real 461 property to a video lottery game retailer. No lease of real 462 property may contain a provision requiring any sharing or 463 splitting of net terminal income, or a ny method of rent 464 calculation using a percentage of net terminal income, or 465 any other similar provision or method for the determination 466 or calculation of any rent, concession, or other charge by a 467 lessee to a lessor. 468 (4) Pursuant to rules adopted by the commission, a 469 video lottery game operator shall be responsible for: 470 (a) Payments to winning players; 471 (b) Collecting all funds from video lottery game 472 terminals; 473 (c) Depositing all funds so collected into a separate 474 bank account maintained by the video lottery game terminal 475 operator to allow for electronic fund transfers by the 476 commission on a monthly basis of all applicable adjusted 477 gross gaming tax and all direct administrative costs of 478 operating the centralized computer s ystem payment pursuant 479 to rules adopted by the commission; and 480 (d) After such transfer by the commission, remitting 481 to the video lottery game retailer its share of net terminal 482 income on not less than a monthly basis. The video lottery 483 game operator may thereafter transfer its share of net 484 terminal income to its business operations account. 485 (5) (a) Only a video lottery game operator or its 486 employee may negotiate and enter into a use agreement with a 487 video lottery game retailer for the p lacement and operation 488 of video lottery game terminals. 489 (b) No video lottery game operator or video lottery 490 game retailer shall pay a commission or any other valuable 491 SB 73 21 consideration to any third party for the solicitation, 492 procurement, execution, or delivery of any use agreement. 493 (6) A video lottery game operator shall not enter into 494 a use agreement with a video lottery game retailer prior to 495 the start date. Use agreements entered into prior to the 496 start date established pursuant to secti on 313.431 shall be 497 invalid. 498 (7) Subject to rules adopted by the commission, a 499 video lottery game operator may, as part of the agreement 500 with a video lottery game retailer, pay for a portion of the 501 construction or renovation of a video lottery ga me terminal 502 gaming area in an amount not to exceed ten thousand dollars. 503 10. (1) Notwithstanding any other provision of law to 504 the contrary, pursuant to rules adopted by the commission, a 505 video lottery game operator may establish a player rewards 506 system. No player shall be required to enroll in a rewards 507 program offered by a video lottery game operator as a 508 condition to play video lottery games. 509 11. No licensed video lottery game operator shall: 510 (1) Offer video lottery gaming termi nals that directly 511 dispense anything of value except for video lottery game 512 tickets. Tickets shall be dispensed by pressing the ticket 513 dispensing button on the video lottery gaming terminal at 514 the end of any video lottery game play. The ticket shall 515 indicate the total amount of video lottery game terminal 516 credits and the cash award, the time of day in a twenty -four- 517 hour format showing hours and minutes, the date, the 518 terminal serial number, the sequential number of the ticket, 519 and an encrypted validation number from which the validity 520 of the prize may be determined. The price of video lottery 521 game terminal credits shall be determined by the 522 commission. The maximum wager played per video lottery game 523 SB 73 22 shall not exceed four dollars. The maximum prize for a 524 single game play shall be no more than one thousand one 525 hundred ninety-nine dollars, or one dollar less than the 526 threshold amount requiring reporting of gambling winnings 527 from slot machines under IRS FORM W2G and 5754; 528 (2) Place and operate more than twelve video lottery 529 game terminals per video lottery game retailer location; 530 (3) Except as expressly set forth in sections 313.425 531 to 313.437, advertise or market to the public through any 532 means, including but not limited to, s ocial media, radio, 533 television or other media outlets, direct mail, telephone or 534 text message, billboards, or other signage, the 535 availability, location, play, operation, or any other aspect 536 of video lottery terminals. The commission may by rule 537 allow limited on-site signage identifying the availability 538 of video lottery game terminals at a video lottery game 539 terminal retailer location. Notwithstanding any other 540 provision of law to the contrary, video lottery game 541 manufacturers, video lottery game distributors, video 542 lottery game operators, video lottery game retailers, and 543 video lottery game handlers may engage in direct or indirect 544 marketing of their respective products and services by and 545 between one another; or 546 (4) Allow video lottery games to be played at any time 547 when the video lottery game retailer's establishment is 548 closed for business or for hours of operation not disclosed 549 to the commission. 550 12. (1) No person under twenty -one years of age shall 551 play video lottery game t erminals. The video lottery gaming 552 area shall be under observation at all times during 553 operating hours of the video lottery game retailer. Such 554 observation may be accomplished through direct visual 555 SB 73 23 observation or via closed captioned video system. Video 556 lottery game terminals shall be under the supervision, 557 either through direct observations or through means of 558 electronic surveillance, of a person who is at least twenty - 559 one years of age to prevent persons under twenty -one years 560 of age from playing video lottery terminals. The video 561 lottery game retailer shall be responsible for preventing 562 persons under the age of twenty -one from playing video 563 lottery game terminals, and shall check the identification 564 of any person playing a video lottery gam e terminal that 565 appears to be under the age of twenty -one. 566 (2) The commission may adopt rules regarding 567 surveillance of the video lottery game terminals and gaming 568 area, and for checking of identification of persons playing 569 a video lottery game t erminal that appear to be under the 570 age of twenty-one. 571 (3) Pursuant to rules adopted by the commission, the 572 commission shall implement and enforce the provisions of 573 sections 313.425 to 313.437 and may impose discipline, 574 including the imposition o f fines, license suspension, and 575 license revocation, for failure of a licensee to comply with 576 sections 313.425 to 313.437 or the rules of the commission. 577 (4) A video lottery game operator shall post a sign in 578 a conspicuous location where such vide o lottery game 579 terminals are located, containing in red lettering at least 580 one-half inch high on a white background a telephone contact 581 number (1-888-BETSOFF) for the problem gambling helpline. 582 13. (1) An adjusted gross gaming revenue tax of 583 thirty-four percent is hereby imposed on adjusted gross 584 gaming revenue. The revenue generated by the tax imposed by 585 this section shall be in addition to and shall supplement, 586 SB 73 24 and shall not supplant, any education funding otherwise 587 appropriated by the gen eral assembly. 588 (2) On a quarterly basis, the commission shall 589 transfer an amount equal to four percent of the adjusted 590 gross gaming revenue tax to the state lottery fund for 591 administrative expenses. 592 (3) The commission shall adopt rules to id entify the 593 location, by city and county, of each video lottery game 594 terminal being operated in the state and connected to the 595 central control system. Such city or county so identified 596 shall receive ten percent of the gross gaming revenue tax 597 collected, remitted, and assessed on the gross gaming 598 revenue generated by those video lottery game terminals 599 located within the jurisdiction of such identified city or 600 county for use in providing services necessary for the 601 safety of the public visiting a vide o lottery game terminal 602 retailer's location. All revenues owed to such city or 603 county shall be deposited and distributed to such city or 604 county in accordance with rules adopted by the commission. 605 All revenues provided for in this section to be transf erred 606 to the governing body of any city or county shall not be 607 considered state funds and shall be deposited in such city 608 or county general revenue fund to be expended as provided 609 for in this section. 610 14. All revenues received by the commission f rom 611 license fees and any reimbursements associated with the 612 administration of the provisions of sections 313.425 to 613 313.437, and all interest earned thereon, shall be 614 considered administrative expenses and shall be deposited in 615 the state lottery fund. Moneys deposited into the state 616 lottery fund from license fees and any reimbursements of 617 commission administrative expenses to administer sections 618 SB 73 25 313.425 to 313.437 shall be considered administrative 619 expenses and shall not be considered net proceeds pursuant 620 to Article III, Section 39(b) of the Missouri Constitution. 621 The remainder of the money deposited in the state lottery 622 fund from video lottery game license fees and any 623 reimbursements of commission administrative expenses to 624 enforce sections 313.425 to 313.437 shall be used for 625 administrative expenses associated with supervising and 626 enforcing the provisions of sections 313.425 to 313.437. 627 15. The commission shall contract with a state law 628 enforcement entity to assist in conducting ba ckground 629 investigations of video lottery game applicants and for the 630 enforcement of sections 313.425 to 313.437. 631 16. The commission shall adopt rules for the 632 implementation of the video lottery game system authorized 633 under sections 313.425 to 313 .437, including, but not 634 limited to, the placement of video lottery game terminals 635 within a retail establishment and for the active oversight 636 of the conduct of video lottery games. Any rule or portion 637 of a rule, as that term is defined in section 536. 010, that 638 is created under the authority delegated in this section 639 shall become effective only if it complies with and is 640 subject to all of the provisions of chapter 536 and, if 641 applicable, section 536.028. This section and chapter 536 642 are nonseverable and if any of the powers vested with the 643 general assembly pursuant to chapter 536 to review, to delay 644 the effective date, or to disapprove and annul a rule are 645 subsequently held unconstitutional, then the grant of 646 rulemaking authority and any rule proposed or adopted after 647 August 28, 2025, shall be invalid and void. 648 SB 73 26 313.431. 1. In order to expedite the orderly 1 implementation of the video lottery game system authorized 2 under sections 313.425 to 313.437, the commission shall: 3 (1) Procure and implement a centralized computer 4 system for video lottery game terminals no later than one 5 hundred eighty days after the effective date of sections 6 313.425 to 313.437; 7 (2) Make a form use agreement and form license 8 applications for video lottery game manufacturers, video 9 lottery game distributors, video lottery game operators, 10 video lottery game retailers, and video lottery game 11 handlers available to applicants and accept such 12 applications within sixty days after the effec tive date of 13 sections 313.425 to 313.437; 14 (3) Promulgate any emergency or regular rules and 15 regulations needed for the implementation of the video 16 lottery game system authorized under sections 313.425 to 17 313.437 no later than one hundred eighty d ays after the 18 effective date of sections 313.425 to 313.437; 19 (4) Establish a start date for when video lottery game 20 terminal operators may begin soliciting use agreements with 21 video lottery game retailers. Video lottery game terminal 22 operators shall not solicit use agreements prior to the 23 established start date. Such start date shall be set no 24 more than one hundred eighty days after the last video 25 lottery game operator's application is received in the first 26 year of the implementation of sect ions 313.425 to 313.437 27 and is approved by the commission; 28 (5) Approve or deny any completed video lottery game 29 retailer applications or video lottery game operator 30 applications no more than ninety days after an application 31 has been received. For all such applications received in 32 SB 73 27 the first year of the implementation of sections 313.425 to 33 313.437, applications shall be approved or denied at least 34 thirty days prior to the start date established in 35 subdivision (4) of this subsection; and 36 (6) Establish an operational date by which the system 37 of video lottery game terminals shall be operational. The 38 operational date shall be set no more than one hundred 39 eighty days after the start date. 40 2. The commission shall implement sections 31 3.425 to 41 313.437. Any person seeking to be licensed pursuant to 42 sections 313.425 to 313.437 shall have a private right of 43 action if the commission fails to meet the deadlines 44 pursuant to sections 313.425 to 313.437. Such person shall 45 initiate an action in the circuit court of Cole County no 46 more than thirty days after the commission's failure to meet 47 such deadlines. 48 313.433. Notwithstanding any other provision of law to 1 the contrary, participation by a person, firm, corporation , 2 or organization in any aspect of the state lottery under 3 sections 313.425 to 313.437 shall not be construed to be a 4 lottery or gift enterprise in violation of Section 39 of 5 Article III of the Constitution of Missouri. 6 313.434. 1. The state of Missouri shall be exempt 1 from the provisions of 15 U.S.C. Section 1172, as amended. 2 2. All shipments of video lottery gaming terminals 3 authorized under sections 313.425 to 313.437 to licensees, 4 the registering, recording, and labelin g of which have been 5 completed by the manufacturer or distributor thereof in 6 accordance with 8 U.S.C. Sections 1171 to 1178, as amended, 7 shall be legal shipments of gambling devices into this state. 8 313.435. 1. Any municipal or coun ty ordinance 1 implemented prior to August 28, 2025, prohibiting or 2 SB 73 28 restricting video lottery game terminals is deemed invalid 3 and shall not be enforced to prohibit or restrict video 4 lottery terminals in such municipality or county. 5 2. A municipality is prohibited from adopting any 6 ordinance prohibiting or restricting video lottery game 7 terminals within the limits of such municipality until one 8 year after the operational date as set forth in subdivision 9 (6) of subsection 1 of section 313.431. 10 3. A county commission, for the unincorporated area of 11 the county, is prohibited from adopting any ordinance 12 prohibiting or restricting video lottery game terminals 13 within the unincorporated area until two years after the 14 operational date establish ed pursuant to subdivision (6) of 15 subsection 1 of section 313.431. 16 4. Any municipality or county adopting an ordinance 17 that prohibits or restricts the licensing of video lottery 18 game retailers shall notify the commission of such action 19 and provide a certified copy of such ordinance to the 20 commission. Upon receiving such notification and ordinance, 21 the commission shall not license video lottery game 22 retailers within such area covered by such municipal or 23 county ordinance. 24 5. If any such municipality or county that has opted 25 to prohibit or restrict the use of video lottery game 26 terminals to play video lottery games repeals such 27 ordinance, the municipality or county shall notify the 28 commission and upon notification of the repeal the 29 commission may license video lottery game retailers within 30 such municipality or county to conduct video lottery games. 31 313.437. 1. Notwithstanding any other provision of 1 law to the contrary, any contract, agreement, or otherwise, 2 whether oral or written, for the sale, use, license, or 3 SB 73 29 operation of no chance game machines shall continue in force 4 and shall not be invalidated by the provisions of sections 5 313.425 to 313.437 if the owner or operator of such no 6 chance game machines, wit hin thirty days after the effective 7 date of sections 313.425 to 313.437: 8 (a) Registers such no chance game machine with the 9 commission disclosing the serial number, location, and owner 10 of such no chance game machine; 11 (b) Pays a registration fee of twenty-five dollars to 12 the commission; and 13 (c) Affixes a permit sticker issued by the commission 14 to such no chance game machine. No permit stickers shall be 15 issued by the commission after sixty days from the effective 16 date of sections 313 .425 to 313.437, and no additional no 17 chance game machines may be placed or operated in the state 18 of Missouri thereafter. Such permit sticker shall be valid 19 for three hundred sixty -five days after the operational date 20 as set forth in subdivision (6) o f subsection 1 of section 21 313.431. No chance game machines shall not be placed or 22 operated in the state of Missouri unless said permit sticker 23 is affixed thereto, and shall not be placed or operated in 24 the state of Missouri after the expiration of the permit 25 sticker as set forth in this section. Any person owning, 26 operating, placing, or playing a no chance game machine in 27 violation of this section shall not be issued a video 28 lottery game license pursuant to sections 313.425 to 29 313.437, and if already holding a video lottery game license 30 pursuant to sections 313.425 to 313.437, shall have such 31 license revoked by the commission. 32 2. Nothing in sections 313.425 to 313.437 shall be 33 construed to prohibit or bar the issuance of any license 34 described therein to an applicant on the basis of that 35 SB 73 30 applicant's operation, handling, leasing, licensing, 36 servicing, or placing of no chance game machines during that 37 period of time before that date which is three hundred sixty - 38 five days after the operat ional date as set forth in 39 subdivision (6) of subsection 1 of section 313.431. 40 3. If any provision of sections 313.425 to 313.437 or 41 the application thereof to anyone or to any circumstance is 42 held invalid, the remainder of those sections and the 43 application of such provisions to others or other 44 circumstances shall not be affected thereby. 45 4. (1) For purposes of sections 313.425 to 313.437, 46 the term "family entertainment center" means a business 47 establishment that: 48 (a) Has as its primary purpose the providing of 49 amusement and entertainment to the public; 50 (b) Offers for play amusement games operated by the 51 insertion of coins, currency, tickets, vouchers, or 52 electronic equivalent thereof; and 53 (c) Markets its business to families with children 54 under the age of eighteen. 55 (2) A person operating a family entertainment center 56 shall not offer, operate, or place any video lottery game 57 terminal on its premises. The commission shall not issue a 58 video lottery game retai ler license to any family 59 entertainment center. A family entertainment center may 60 make amusement games available for play if the prize won or 61 distributed to a player from any device, machine, or game 62 located on the premises of the family entertainment center 63 is a noncash, merchandise prize or a voucher, billet, 64 ticket, token, or electronic credit redeemable only for a 65 noncash, merchandise prize: 66 (a) That does not include an alcoholic beverage; 67 SB 73 31 (b) That is not eligible for repurchase; and 68 (c) That is not exchangeable for cash, cash 69 equivalents, or anything of value whatsoever. 70 572.010. As used in this chapter the following terms 1 mean: 2 (1) "Advance gambling activity", a person advances 3 gambling activity if , acting other than as a player, he or 4 she engages in conduct that materially aids any form of 5 gambling activity. Conduct of this nature includes but is 6 not limited to conduct directed toward the creation or 7 establishment of the particular game, lotte ry, contest, 8 scheme, gambling device or activity involved, toward the 9 acquisition or maintenance of premises, paraphernalia, 10 equipment or apparatus therefor, toward the solicitation or 11 inducement of persons to participate therein, toward the 12 actual conduct of the playing phases thereof, toward the 13 arrangement or communication of any of its financial or 14 recording phases, or toward any other phase of its 15 operation. A person advances gambling activity if, having 16 substantial proprietary control or oth er authoritative 17 control over premises being used with his or her knowledge 18 for purposes of gambling activity, he or she permits that 19 activity to occur or continue or makes no effort to prevent 20 its occurrence or continuation. The supplying, servicing 21 and operation of a licensed excursion gambling boat under 22 sections 313.800 to 313.840 does not constitute advancing 23 gambling activity. The owning, operating, supplying, or 24 servicing of video lottery game terminals pursuant to 25 sections 313.425 to 313. 437 does not constitute advancing 26 gambling activity; 27 (2) "Bookmaking", advancing gambling activity by 28 unlawfully accepting bets from members of the public as a 29 SB 73 32 business, rather than in a casual or personal fashion, upon 30 the outcomes of future con tingent events; 31 (3) "Contest of chance", any contest, game, gaming 32 scheme or gaming device in which the outcome depends in a 33 material degree upon an element of chance, notwithstanding 34 that the skill of the contestants may also be a factor 35 therein; 36 (4) "Gambling", a person engages in gambling when he 37 or she operates, plays, or participates in the operation of 38 a gambling device, stakes or risks something of value upon 39 the outcome of a contest of chance or a future contingent 40 event not under his or her control or influence, upon an 41 agreement or understanding that he or she will receive 42 something of value in the event of a certain outcome. 43 Gambling does not include bona fide business transactions 44 valid under the law of contracts, includi ng but not limited 45 to contracts for the purchase or sale at a future date of 46 securities or commodities, and agreements to compensate for 47 loss caused by the happening of chance, including but not 48 limited to contracts of indemnity or guaranty and life, 49 health or accident insurance; nor does gambling include 50 playing an amusement device that confers only an immediate 51 right of replay not exchangeable for something of value. 52 Gambling does not include any licensed activity, or persons 53 participating in such games which are covered by sections 54 313.800 to 313.840. Gambling does not include any activity, 55 or persons participating in such activity, video lottery 56 game terminals or video lottery games licensed pursuant to 57 sections 313.425 to 313.437 ; 58 (5) ["Gambling device", any device, machine, 59 paraphernalia or equipment that is used or usable in the 60 playing phases of any gambling activity, whether that 61 SB 73 33 activity consists of gambling between persons or gambling by 62 a person with a machine. However, lottery tickets, policy 63 slips and other items used in the playing phases of lottery 64 and policy schemes are not gambling devices within this 65 definition; 66 (6)] "Gambling record", any article, instrument, 67 record, receipt, ticket, certificate, token, s lip or 68 notation used or intended to be used in connection with 69 unlawful gambling activity; 70 [(7)] (6) "Lottery" or "policy", an unlawful gambling 71 scheme in which for a consideration the participants are 72 given an opportunity to win something of val ue, the award of 73 which is determined by chance; 74 [(8)] (7) "Player", a person who engages in any form 75 of gambling solely as a contestant or bettor, without 76 receiving or becoming entitled to receive any profit 77 therefrom other than personal gambling winnings, and without 78 otherwise rendering any material assistance to the 79 establishment, conduct or operation of the particular 80 gambling activity. A person who gambles at a social game of 81 chance on equal terms with the other participants therein 82 does not otherwise render material assistance to the 83 establishment, conduct or operation thereof by performing, 84 without fee or remuneration, acts directed toward the 85 arrangement or facilitation of the game, such as inviting 86 persons to play, permitting the use of premises therefor and 87 supplying cards or other equipment used therein. A person 88 who engages in "bookmaking" as defined in subdivision (2) of 89 this section is not a player; 90 [(9)] (8) "Professional player", a player who engages 91 in gambling for a livelihood or who has derived at least 92 SB 73 34 twenty percent of his or her income in any one year within 93 the past five years from acting solely as a player; 94 [(10)] (9) "Profit from gambling activity", a person 95 profits from gambling activity if, othe r than as a player, 96 he or she accepts or receives money or other property 97 pursuant to an agreement or understanding with any person 98 whereby he participates or is to participate in the proceeds 99 of gambling activity; 100 [(11)] (10) "Slot machine"[, a gambling device that as 101 a result of the insertion of a coin or other object 102 operates, either completely automatically or with the aid of 103 some physical act by the player, in such a manner that, 104 depending upon elements of chance, it may eject something o f 105 value. A device so constructed or readily adaptable or 106 convertible to such use is no less a slot machine because it 107 is not in working order or because some mechanical act of 108 manipulation or repair is required to accomplish its 109 adaptation, conversio n or workability. Nor is it any less a 110 slot machine because apart from its use or adaptability as 111 such it may also sell or deliver something of value on a 112 basis other than chance ]or "gambling device", an electronic, 113 computerized, or mechanical machine , terminal, or other 114 similar device that: 115 (a) Requires the direct or indirect insertion of any 116 form of consideration, coin, currency, ticket, token, 117 electronic token or currency, or other similar object, or 118 the depositing any form of consideratio n with the owner or 119 operator of such slot machine or gambling device to operate 120 the device; 121 (b) Offers, operates, or plays a contest or game, 122 either completely automatically or with the aid of some 123 physical act by the player, the outcome of which is 124 SB 73 35 determined by any element of chance, regardless of whether 125 the outcome may also be partially or predominately 126 determined by the skill of the player, and regardless of 127 whether the outcome may be disclosed or revealed to the 128 player in advance of pla y; and 129 (c) Which may award to the player an award, prize, or 130 something of value, whether the payoff is made automatically 131 from the gambling device or manually. 132 A device so constructed or readily adaptable or convertible 133 to such use is no less a sl ot machine because it is not in 134 working order or because some mechanical act of manipulation 135 or repair is required to accomplish its adaptation, 136 conversion, or workability. Nor is it any less a slot 137 machine because apart from its use or adaptability a s such 138 it may also sell or deliver something of value on a basis 139 other than chance; 140 [(12)] (11) "Something of value", any money or 141 property, any token, object or article exchangeable for 142 money or property, or any form of credit or promise directl y 143 or indirectly contemplating transfer of money or property or 144 of any interest therein or involving extension of a service, 145 entertainment or a privilege of playing at a game or scheme 146 without charge; 147 [(13)] (12) "Unlawful", not specifically autho rized by 148 law. 149 572.020. 1. A person commits the offense of gambling 1 if he or she knowingly engages in gambling. 2 2. The offense of gambling is a class [C misdemeanor 3 unless: 4 (1) It is committed by a professional player, in which 5 case it is a class A misdemeanor; or 6 SB 73 36 (2) The person knowingly engages in gambling with a 7 child less than seventeen years of age, in which case it is 8 a class B misdemeanor ] E felony. 9 572.070. 1. A person commits the offe nse of 1 possession of a gambling device if, with knowledge of the 2 character thereof, he or she manufactures, sells, 3 transports, places or possesses, owns, operates, offers for 4 play, or conducts or negotiates any transaction affecting or 5 designed to affect ownership, custody or use of: 6 (1) A slot machine or gambling device; or 7 (2) Any other gambling device, knowing or having 8 reason to believe that it is to be used in the state of 9 Missouri in the advancement of unlawful gambling activity. 10 2. The offense of possession of a gambling device is a 11 class [A misdemeanor]E felony. 12 572.100. 1. The general assembly by enacting this 1 chapter intends to preempt any other regulation of the area 2 covered by this chapter. No governmental subdivision or 3 agency may enact or enforce a law that regulates or makes 4 any conduct in the area covered by this chapter an offense, 5 or the subject of a criminal or civil penalty or sanction of 6 any kind. 7 2. The term "gambling", as use d in this chapter, does 8 not include licensed activities under sections 313.800 to 9 313.840, and does not include activities licensed pursuant 10 to sections 313.425 to 313.437. 11 3. The state lottery commission shall have concurrent 12 authority and jurisdiction to investigate and enforce 13 violations of this chapter, and to seek prosecution of 14 violations of this chapter by the attorney general pursuant 15 to section 27.105. 16 