Missouri 2025 2025 Regular Session

Missouri Senate Bill SB73 Introduced / Bill

Filed 12/05/2024

                     
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and 572.100, RSMo, are repealed and thirteen new sections 2 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 
