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Missouri Senate Bill SB73

Missouri 2025 Regular Session

Missouri Senate Bill SB73 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 FIRST REGULAR SESSION
55 SENATE BILL NO. 73
66 103RD GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR HUDSON.
88 1408S.01I KRISTINA MARTIN, Secretary
99 AN ACT
1010 To repeal sections 27.105, 572.010, 572.020, 572.070, and 572.100, RSMo, and to enact in lieu
1111 thereof thirteen new sections relating to gaming, with penalty provisions.
1212
1313 Be it enacted by the General Assembly of the State of Missouri, as follows:
1414 Section A. Sections 27.105, 572.010, 572.020, 572.070, 1
1515 and 572.100, RSMo, are repealed and thirteen new sections 2
1616 enacted in lieu thereof, to be known as sections 27.105, 3
1717 313.425, 313.427, 313.429, 313.431, 313.433, 313.434, 313.435, 4
1818 313.437, 572.010, 572.020, 572.070, and 572.100, to read as 5
1919 follows:6
2020 27.105. 1. The attorney general shall have a 1
2121 concurrent duty, authority, and jurisdiction to enforce the 2
2222 provisions of chapter 572 , to investigate, charge, and 3
2323 prosecute violations of chapter 572, and to seize and seek 4
2424 forfeiture of gambling devices pursuant to section 513.660. 5
2525 The attorney general may coordinate invest igation and 6
2626 enforcement efforts of the state lottery commission and 7
2727 shall have the concurrent authority to charge and prosecute 8
2828 alleged violations of chapter 572 brought by the state 9
2929 lottery commission. 10
3030 2. There is hereby created in the state tre asury the 11
3131 "Illegal Gaming Enforcement Fund", which shall consist of 12
3232 revenues received by the state lottery commission pursuant 13
3333 to sections 313.425 to 313.437. The state treasurer shall 14
3434 be custodian of the fund. In accordance with sections 15 SB 73 2
3535 30.170 and 30.180, the state treasurer may approve 16
3636 disbursements. Moneys in the fund shall be used by the 17
3737 attorney general to investigate, enforce, charge, and 18
3838 prosecute violations of chapter 572. Notwithstanding the 19
3939 provisions of section 33.080 to the contrar y, any moneys 20
4040 remaining in the fund at the end of the biennium shall not 21
4141 revert to the credit of the general revenue fund. The state 22
4242 treasurer shall invest moneys in the fund in the same manner 23
4343 as other funds are invested. Any interest and moneys ear ned 24
4444 on such investments shall be credited to the fund . 25
4545 313.425. Sections 313.425 to 313.437 shall be known 1
4646 and may be cited as the "Child Protection and Gaming 2
4747 Regulation Act". The purpose of the act is to provide 3
4848 additional funding for Missouri education programs and the 4
4949 Missouri veterans commission by establishing a licensing and 5
5050 regulatory framework for a system of video lottery terminals 6
5151 to conduct lottery games. 7
5252 313.427. As used in sections 313.425 to 313 .437, the 1
5353 following terms shall mean: 2
5454 (1) "Adjusted gross gaming revenue", the amount of 3
5555 revenue generated by a video lottery game terminal remaining: 4
5656 (a) After payments of winnings to players; and 5
5757 (b) After deduction by the commission of that amount 6
5858 necessary to pay direct administrative costs for the 7
5959 operation of the centralized computer system, but before 8
6060 deduction of the adjusted gross gaming revenue tax; 9
6161 (2) "Adjusted gross gaming revenue tax", a tax of 10
6262 thirty-four percent imposed on adjusted gross gaming revenue; 11
6363 (3) "Centralized computer system", a computerized 12
6464 system developed or procured by the commission to which 13
6565 video lottery game terminals are connected, using standard 14
6666 industry protocols that can activate or deactivate a 15 SB 73 3
6767 particular video lottery game terminal from a remote 16
6868 location, and that is capable of monitoring and auditing 17
6969 video lottery game plays; 18
7070 (4) "Commission" or "lottery commission", the state 19
7171 lottery commission appointed by the governor to manage and 20
7272 oversee the lottery under section 313.215; 21
7373 (5) "Net terminal income", the amount of adjusted 22
7474 gross gaming revenue remaining after deduction by the 23
7575 commission of the adjusted gross gaming revenue tax; 24
7676 (6) "Video lottery game", any game approved by the 25
7777 commission for play on an approved video lottery game 26
7878 terminal; 27
7979 (7) "Video lottery game handler", a person who is 28
8080 licensed by the commission and employed by a video lottery 29
8181 game operator to handle, place, operate, and se rvice video 30
8282 lottery game terminals and associated equipment; 31
8383 (8) "Video lottery game manufacturer" or "video 32
8484 lottery game distributor", a person that is licensed by the 33
8585 commission who: 34
8686 (a) Manufactures video lottery games, video lottery 35
8787 game terminals, or major parts and components for video 36
8888 lottery game terminals as approved by the commission for 37
8989 sale to video lottery game operators; or 38
9090 (b) Distributes or services video lottery games, video 39
9191 lottery game terminals, or major parts an d components of 40
9292 video lottery game terminals including buying, selling, 41
9393 leasing, renting, or financing new, used, or refurbished 42
9494 video lottery game terminals to and from licensed video 43
9595 lottery game manufacturers and licensed video lottery game 44
9696 operators; 45
9797 (9) "Video lottery game retailer", a person that is 46
9898 licensed by the commission to enter into agreements with 47 SB 73 4
9999 video lottery game operators for the placement and operation 48
100100 of video lottery game terminals holds a valid lottery game 49
101101 retailer license under section 313.260; 50
102102 (10) "Video lottery game terminal", a player -activated 51
103103 terminal that exchanges coins, currency, tickets, ticket 52
104104 vouchers, or electronic payment methods approved by the 53
105105 commission for credit to play video lottery games ap proved 54
106106 by the commission. Video lottery game terminals shall: 55
107107 (a) Use a video display and microprocessor capable of 56
108108 randomly generating the outcome of video lottery games; and 57
109109 (b) Be configured to print and issue a ticket at the 58
110110 conclusion of any video lottery game play that may be 59
111111 redeemed at a video lottery game ticket redemption terminal 60
112112 or may be reinserted into a video lottery game terminal for 61
113113 video lottery game credit and game plays. All video lottery 62
114114 games approved by the commis sion for play on a video lottery 63
115115 game terminal shall have a minimum theoretical payout of 64
116116 eighty percent; and 65
117117 (c) Meet the minimum requirements set forth in section 66
118118 313.429; 67
119119 (11) "Video lottery game terminal credit", credits 68
120120 either purchased or won on a video lottery game terminal 69
121121 that may be used to play video lottery games or converted 70
122122 into a video lottery game ticket; 71
123123 (12) "Video lottery game terminal operator", a person 72
124124 that is licensed by the commission and owns, rents, or 73
125125 leases and services or maintains video lottery game 74
126126 terminals for operation and placement in licensed video 75
127127 lottery retailer establishments; 76
128128 (13) "Video lottery game ticket" or "ticket", a 77
129129 document printed at the conclusion of any video lottery game 78
130130 play or group of plays that is redeemable for cash, 79 SB 73 5
131131 utilizing a video lottery game ticket redemption terminal, 80
132132 or may be reinserted into a video lottery game terminal 81
133133 located in the video lottery game retailer from which such 82
134134 ticket is issued for vide o lottery game terminal credit; 83
135135 (14) "Video lottery game ticket redemption terminal", 84
136136 the collective hardware, software, communications 85
137137 technology, and other ancillary equipment used to facilitate 86
138138 the payment of tickets cashed out by players as a result of 87
139139 playing a video lottery game terminal; 88
140140 (15) "Use agreement", a contract executed by and 89
141141 between a video lottery terminal operator and a video 90
142142 lottery terminal retailer on that form approved by the 91
143143 commission establishing the right of th e video lottery 92
144144 terminal operator to place and operate video lottery 93
145145 terminals on the premises of a video lottery terminal 94
146146 retailer. 95
147147 313.429. 1. (1) The commission shall establish the 1
148148 operation of lottery games via video lottery t erminals as 2
149149 provided for in sections 313.425 to 313.437, and in 3
150150 connection therewith, shall promulgate such rules and 4
151151 regulations to implement the establishment and operation of 5
152152 gaming via video lottery terminals as provided for in 6
153153 sections 313.425 to 313.437. The commission shall have 7
154154 jurisdiction over and shall supervise the operation and 8
155155 licensing of video lottery gaming as provided for in 9
156156 sections 313.425 to 313.437, and the commission shall 10
157157 establish criteria to preserve the integrity and sec urity of 11
158158 video lottery gaming in this state. The commission shall 12
159159 adopt rules to ensure that all licensees are treated and all 13
160160 licensees act in a non -discriminatory manner and develop 14
161161 processes and penalties to enforce those rules. Such rules 15
162162 and regulations shall be designed so that a lottery may be 16 SB 73 6
163163 initiated at the earliest feasible and practicable time. 17
164164 Any rule or portion of a rule, as that term is defined in 18
165165 section 536.010, that is created under the authority 19
166166 delegated in this section shal l become effective only if it 20
167167 complies with and is subject to all of the provisions of 21
168168 chapter 536 and, if applicable, section 536.028. This 22
169169 section and chapter 536 are nonseverable and if any of the 23
170170 powers vested with the general assembly pursuant to chapter 24
171171 536 to review, to delay the effective date, or to disapprove 25
172172 and annul a rule are subsequently held unconstitutional, 26
173173 then the grant of rulemaking authority and any rule proposed 27
174174 or adopted after August 28, 2025, shall be invalid and void. 28
175175 (2) The commission shall implement a system of video 29
176176 lottery game terminals and issue licenses to video lottery 30
177177 game manufacturers, video lottery game distributors, video 31
178178 lottery game operators, video lottery game handlers, and 32
179179 video lottery game re tailers; provided, however, that no 33
180180 person licensed as a: 34
181181 (a) Video lottery game manufacturer or a video lottery 35
182182 game distributor shall be issued a license as a video 36
183183 lottery game operator or a video lottery game retailer; 37
184184 (b) Video lottery game operator shall be issued a 38
185185 license as a video lottery game manufacturer, a video 39
186186 lottery game distributor, or a video lottery game retailer; 40
187187 and 41
188188 (c) Video lottery game retailer shall be issued a 42
189189 license as a video lottery game manufacturer, a video 43
190190 lottery game distributor, or a video lottery game operator. 44
191191 (3) Nothing in this subsection shall prevent a video 45
192192 lottery game manufacturer from obtaining a video lottery 46
193193 game manufacturer's license and a video lottery game 47
194194 distributor's license and providing and operating the 48 SB 73 7
195195 centralized computer system for monitoring video lottery 49
196196 game terminals. 50
197197 (4) The commission shall not authorize or allow a 51
198198 single vendor or licensee to implement the system of video 52
199199 lottery game terminals. 53
200200 2. (1) The commission shall ensure that the video 54
201201 lottery game system authorized by sections 313.425 to 55
202202 313.437 shall allow for multiple video lottery game 56
203203 manufacturers, video lottery game distributors, and video 57
204204 lottery game operators to encou rage private sector 58
205205 investment and job opportunities for Missouri citizens. 59
206206 (2) All video lottery game terminals, video lottery 60
207207 games, and redemption devices shall be tested and approved 61
208208 pursuant to the rules adopted by the commission, and each 62
209209 video lottery game terminal and each video lottery game 63
210210 offered in this state for play shall conform to a model 64
211211 approved by the commission. For the examination of video 65
212212 lottery game terminals and associated equipment as required 66
213213 by this section, the co mmission shall utilize the services 67
214214 of independent outside testing laboratories that have been 68
215215 accredited in accordance with ISO/IEC 17025 by an 69
216216 accreditation body that is a signatory to the International 70
217217 Laboratory Accreditation Cooperation Mutual Rec ognition 71
218218 Agreement signifying they are qualified to perform such 72
219219 examinations. Notwithstanding any law to the contrary, the 73
220220 commission shall consider the licensing of independent 74
221221 outside testing laboratory applicants in accordance with 75
222222 procedures established by the commission by rule. The 76
223223 commission shall not withhold its approval of an independent 77
224224 outside testing laboratory license applicant that has been 78
225225 accredited as required by this section and is licensed in 79
226226 lottery jurisdictions comparable to Missouri. Upon the 80 SB 73 8
227227 finalization of required rules, the commission shall license 81
228228 independent testing laboratories and accept the test reports 82
229229 of any licensed testing laboratory of the video lottery 83
230230 machine's or associated equipment manufacturer's ch oice, 84
231231 notwithstanding the existence of contracts between the 85
232232 commission and any independent testing laboratory. The 86
233233 commission shall cause all keys and other required devices 87
234234 to be provided to a video lottery game terminal operator 88
235235 necessary to allow the video lottery game terminal operator 89
236236 and video lottery game terminal handler access to the logic 90
237237 door to the video lottery game terminal. Every video 91
238238 lottery game terminal offered in this state for play shall 92
239239 meet minimum standards approved by th e commission. Each 93
240240 approved model shall, at a minimum, meet the following 94
241241 criteria: 95
242242 (a) The video lottery game terminal shall conform to 96
243243 all requirements of federal law and regulations, including 97
244244 FCC Class A Emissions Standards; 98
245245 (b) The video lottery game terminal shall 99
246246 theoretically pay out a mathematically demonstrable 100
247247 percentage during the expected lifetime of the machine of 101
248248 all amounts played, which shall not be less than eighty 102
249249 percent. The commission shall establish a maximum pay out 103
250250 percentage for approved models by rule. Video lottery game 104
251251 terminals that may be affected by skill shall meet this 105
252252 standard when using a method of play that will provide the 106
253253 greatest return to the player over a period of continuous 107
254254 play; 108
255255 (c) The video lottery game terminal shall use a random 109
256256 number generator computer, software, or similar random 110
257257 selection process to generate and produce an independent and 111
258258 random outcome of each play of a lottery game. The random 112 SB 73 9
259259 selection process shall meet ninety-nine percent confidence 113
260260 limits using a standard chi -squared test for goodness of fit; 114
261261 (d) The video lottery game terminal shall display an 115
262262 accurate representation of the game outcome; 116
263263 (e) The video lottery game terminal shall not 117
264264 automatically alter pay tables or any function of the video 118
265265 lottery game terminal based on internal computation of hold 119
266266 percentage or have any means of manipulation that affects 120
267267 the random selection process or probabilities of winning a 121
268268 game; 122
269269 (f) The video lottery game terminal shall not be 123
270270 adversely affected by static discharge or other 124
271271 electromagnetic interference; 125
272272 (g) The video lottery game terminal shall be capable 126
273273 of detecting and displaying the following conditions during 127
274274 idle states or on demand: power reset; door open; and door 128
275275 just closed; 129
276276 (h) The video lottery game terminal shall have the 130
277277 capacity to display complete play history, including 131
278278 outcome, intermediate play steps, credits available, bets 132
279279 placed, credits paid , and credits cashed out for the most 133
280280 recent game played and ten games prior thereto; 134
281281 (i) The theoretical payback percentage of a video 135
282282 lottery game terminal shall not be capable of being changed 136
283283 without making a hardware or software change in the video 137
284284 lottery game terminal, either on site or via the central 138
285285 communications system; 139
286286 (j) The video lottery game terminal shall be designed 140
287287 so that replacement of parts or modules required for normal 141
288288 maintenance does not necessitate replacement of the 142
289289 electromechanical meters; 143 SB 73 10
290290 (k) The video lottery game terminal shall have 144
291291 nonresettable meters housed in a locked area of the video 145
292292 lottery game terminal that keep a permanent record of all 146
293293 cash inserted into the machine, all winnings made by the 147
294294 terminal printer, credits played in for video lottery game 148
295295 terminals, and credits won by video lottery players. The 149
296296 video lottery game terminal shall provide the means for on - 150
297297 demand display of stored information as determined by the 151
298298 commission; 152
299299 (l) Electronically stored meter information required 153
300300 by this section shall be preserved for a minimum of one 154
301301 hundred eighty days after a power loss to the service; 155
302302 (m) The video lottery game terminal shall have one or 156
303303 more mechanisms that accept cash in the form of bills. The 157
304304 mechanisms shall be designed to prevent obtaining credits 158
305305 without paying by stringing, slamming, drilling, or other 159
306306 means. If such attempts at physical tampering are made, the 160
307307 video lottery game terminal shall su spend itself from 161
308308 operating until reset; 162
309309 (n) The video lottery game terminal may be capable of 163
310310 operating on a cashless basis pursuant to rules adopted by 164
311311 the commission; 165
312312 (o) The video lottery game terminal shall have 166
313313 accounting software tha t keeps an electronic record which 167
314314 includes, but is not limited to, the following: total cash 168
315315 inserted into the video lottery game terminal, the value of 169
316316 winning tickets claimed by players, the total credits 170
317317 played, the total credits awarded by a video lottery game 171
318318 terminal, and pay back percentage credited to players of 172
319319 each video lottery game. The video lottery game terminal 173
320320 shall be capable of issuing and accepting tickets for play; 174 SB 73 11
321321 (p) The video lottery game terminal shall be linked by 175
322322 a central communications system to provide auditing program 176
323323 information as approved by the commission. The central 177
324324 communications system shall use a standard industry 178
325325 protocol, as defined by the Gaming Standards Association, 179
326326 and shall have the functiona lity to enable the commission or 180
327327 its designee to activate or deactivate individual lottery 181
328328 devices from the central communications system. In no event 182
329329 may the communications system approved by the commission 183
330330 limit participation to only one manufacture r of video 184
331331 lottery game terminals by either the cost in implementing 185
332332 the necessary program modifications to communicate or the 186
333333 inability to communicate with the central communications 187
334334 system; 188
335335 (q) Video lottery game terminals and redemption 189
336336 terminals shall be connected to a centralized computer 190
337337 system developed or procured by the commission. The 191
338338 commission shall provide licensed video lottery game 192
339339 terminal operators with the necessary protocols to connect 193
340340 video lottery game terminals to the c entral control system 194
341341 after such video lottery game terminals have been approved 195
342342 by the commission. No video lottery game terminal or 196
343343 redemption terminal shall be placed in operation unless 197
344344 connected to the central control system. A vendor that 198
345345 provides the centralized computer system authorized under 199
346346 this subsection shall not be eligible to be licensed as a 200
347347 video lottery game operator or video lottery game retailer; 201
348348 (r) Video lottery game terminals shall not directly 202
349349 dispense anything of va lue except for tickets representing 203
350350 credits purchased or won on a video lottery game terminal. 204
351351 The ticket shall indicate the total amount of award, the 205
352352 time of day in a twenty -four-hour format showing hours and 206 SB 73 12
353353 minutes, the date, the video lottery gam e terminal serial 207
354354 number, the sequential number of the ticket, and an 208
355355 encrypted validation number from which the validity of the 209
356356 prize may be determined. 210
357357 3. Video lottery game terminal operators and video 211
358358 lottery game terminal retailers shall ent er into a use 212
359359 agreement for the placement of video lottery game terminals, 213
360360 and such agreement shall at a minimum: 214
361361 (1) Be on a form approved by the commission; 215
362362 (2) Specify an equal division of net terminal income; 216
363363 (3) Have a minimum term of five years and a maximum 217
364364 term of ten years; 218
365365 (4) Be renewable for a minimum term of five years and 219
366366 a maximum term of ten years; 220
367367 (5) Require the video lottery game terminal operator 221
368368 to be responsible for collection, remittance, and 222
369369 disbursement of gross gaming revenue tax and net terminal 223
370370 income; 224
371371 (6) Be only between: 225
372372 (a) A video lottery game terminal operator licensed by 226
373373 the commission on or before the date the use agreement is 227
374374 signed; and 228
375375 (b) Either a video lottery ga me terminal retailer 229
376376 licensed by the commission on or before the date the use 230
377377 agreement is signed; or 231
378378 (c) A person that has filed an application with the 232
379379 commission to be a licensed video lottery game terminal 233
380380 retailer; 234
381381 (7) If an applicant becomes licensed as a video 235
382382 lottery game terminal retailer by the commission, a first -in- 236
383383 time use agreement, and any amendments thereto, shall 237
384384 control over and be superior to any other use agreement 238 SB 73 13
385385 executed on any date after the date of first -in-time use 239
386386 agreement; provided, however, that a use agreement shall be 240
387387 deemed null and void if either: 241
388388 (a) The person executing the use agreement fails to 242
389389 apply for a video lottery game terminal retailer's license 243
390390 within one year of execution of the use agreement; or 244
391391 (b) The person executing the use agreement is denied a 245
392392 video lottery game terminal retailer's license by a final 246
393393 decision of the commission; 247
394394 (8) Contain an affirmative statement signed by the 248
395395 video lottery game terminal operat or that no inducement was 249
396396 offered regarding the placement or operation of video 250
397397 lottery game terminals at the video lottery terminal 251
398398 retailer's location; 252
399399 (9) Contain an affirmative statement signed by the 253
400400 video lottery terminal retailer that no i nducement was 254
401401 accepted regarding the placement or operation of video 255
402402 lottery terminals at the video lottery terminal retailer's 256
403403 location; 257
404404 (10) Contain an indemnity and hold harmless provision 258
405405 on behalf of the state, the commission, and its agents 259
406406 relative to any cause of action arising out of a use 260
407407 agreement; 261
408408 (11) Prohibit the assignment of the use agreement from 262
409409 or to any person except from a video lottery game terminal 263
410410 operator to another video lottery game terminal operator; 264
411411 (12) Contain a provision that releases the video 265
412412 lottery game terminal retailer from any continuing 266
413413 contractual obligation to the video lottery game terminal 267
414414 operator if the video lottery game terminal operator has its 268
415415 license revoked or denied, has its r enewal denied, or 269
416416 surrenders its license; 270 SB 73 14
417417 (13) Identify any sales agent, if any, involved in the 271
418418 solicitation or procurement of the use agreement on behalf 272
419419 of the video lottery game terminal operator; 273
420420 (14) Shall not provide for automatic ren ewal or 274
421421 extension in the absence of cancellation prior to the 275
422422 natural termination date of the use agreement; 276
423423 (15) Contain a provision that the parties agree to 277
424424 modify the use agreement to the extent necessary to comply 278
425425 with a change in Missouri l aw or commission rules; 279
426426 (16) The video lottery game terminal operator shall 280
427427 provide a true and accurate copy of the executed use 281
428428 agreement to the video lottery game terminal retailer within 282
429429 ten days after execution by the parties. 283
430430 4. (1) Video lottery game terminal operators and 284
431431 their agents and affiliates shall not, directly or 285
432432 indirectly, provide, offer, pay, promise, give, or transfer 286
433433 anything of value to a video lottery game terminal retailer 287
434434 or an applicant for a video lottery game terminal retailer 288
435435 license in exchange for, or as an inducement to enter into a 289
436436 use agreement for the placement of video lottery game 290
437437 terminals at the video lottery game terminal retailer's 291
438438 place of business. A video lottery game terminal operator 292
439439 shall not, directly or indirectly, pay any portion of any 293
440440 fee, permit, or tax imposed upon a video lottery game 294
441441 terminal retailer except as expressly provided for in 295
442442 sections 313.425 to 313.437. 296
443443 (2) Video lottery game terminal retailers and their 297
444444 agents and affiliates shall not, directly or indirectly, 298
445445 accept anything of value offered by a video lottery game 299
446446 terminal operator in exchange for, or as an inducement to 300
447447 enter into a use agreement for, the placement of video 301 SB 73 15
448448 lottery game terminals at t he video lottery game terminal 302
449449 retailer's place of business. 303
450450 5. (1) The commission may impose an initial 304
451451 nonrefundable license application fee as follows: 305
452452 (a) For video lottery game manufacturers and video 306
453453 lottery game distributors, twenty -five thousand dollars; 307
454454 (b) For video lottery game terminal operators, five 308
455455 hundred thousand dollars; 309
456456 (c) For video lottery game retailer establishments, 310
457457 two thousand dollars; 311
458458 (d) For video lottery game handlers, no more than one 312
459459 hundred dollars. 313
460460 (2) The initial license shall be for a period of one 314
461461 year. Thereafter, license renewal periods shall be four 315
462462 years with the applicable renewal fee paid for each year of 316
463463 such license renewal in advance. Annual license renewal 317
464464 fees for anyone licensed pursuant to this subsection, and 318
465465 subsequent to the initial one -year period, shall be as 319
466466 follows: 320
467467 (a) Five thousand dollars for video lottery game 321
468468 manufacturers and video lottery game distributors; 322
469469 (b) Two hundred fifty tho usand dollars for video 323
470470 lottery game terminal operators; 324
471471 (c) One hundred dollars for video lottery game 325
472472 handlers; 326
473473 (d) One thousand dollars for each video lottery game 327
474474 retailer. 328
475475 (3) In addition to any other fees imposed by sections 329
476476 313.425 to 313.437, an annual administrative fee of one 330
477477 thousand dollars shall be paid for each video lottery game 331
478478 terminal placed in service. Such administrative fee shall 332
479479 be equally divided between the video lottery game operator 333 SB 73 16
480480 and the video lottery game retailer; provided, however, that 334
481481 the administrative fee shall be paid by the video lottery 335
482482 game operator to the commission once per year and deposited 336
483483 in the state lottery fund. After payment of the 337
484484 administrative fee, the video lottery game op erator shall 338
485485 deduct the video lottery game retailer's portion of said 339
486486 administrative fee from the video lottery game retailer's 340
487487 share of net terminal income. All fees or administrative 341
488488 charges imposed on the operation and placement of video 342
489489 lottery game terminals shall be divided equally between the 343
490490 video lottery game terminal operator and the video lottery 344
491491 game terminal retailer. 345
492492 (4) The commission shall: 346
493493 (a) Deposit three hundred dollars of the 347
494494 administrative fee in the state lottery fund for use by the 348
495495 commission in the administration of sections 313.425 to 349
496496 313.437; 350
497497 (b) Deposit two hundred dollars of the administrative 351
498498 fee for use by the Missouri state highway patrol for 352
499499 investigations and enforcement of sections 313.425 to 353
500500 313.437; 354
501501 (c) Deposit one hundred dollars of the administrative 355
502502 fee in the Missouri attorney general's gaming enforcement 356
503503 fund created in section 27.105; 357
504504 (d) Deposit one hundred dollars of the administrative 358
505505 fee in the veterans' commission c apital improvement trust 359
506506 fund created pursuant to section 42.300. 360
507507 (e) Deposit two hundred dollars of the administrative 361
508508 fee to the municipality or county in which the video lottery 362
509509 game terminal is located; 363 SB 73 17
510510 (f) Deposit one hundred dollars of the administrative 364
511511 fee to the compulsive gamblers fund created pursuant to 365
512512 section 313.842. 366
513513 (5) No license shall be issued to any person who has 367
514514 been convicted of a felony or any crime involving illegal 368
515515 gambling. 369
516516 (6) A licensee shall notify the commission of any 370
517517 change relating to the status of its license or any other 371
518518 information contained in the application materials on file 372
519519 with the commission. 373
520520 6. No license requirement, permit fee, license fee, 374
521521 sticker fee, or tax shall be imposed by any municipality, 375
522522 county, or other political subdivision or unit of local 376
523523 government upon a video lottery game manufacturer, video 377
524524 lottery game distributor, video lottery game operator, video 378
525525 lottery game retailer, video lottery game handler , or video 379
526526 lottery game terminal or any other business establishment 380
527527 relating to the operation of video lottery games, video 381
528528 lottery game terminals, or associated equipment. All 382
529529 licensees remain subject to all income taxes, sales taxes 383
530530 and use taxes lawfully assessed by this state, or any 384
531531 municipality, county, or other political subdivision of this 385
532532 state; provided, however, that a municipality, county, or 386
533533 other political subdivision of this state shall not impose, 387
534534 levy, collect, or assess any lice nse requirement, tax or 388
535535 fee, including but not limited to any permit tax or fee, 389
536536 sticker fee, occupation tax or fee, amusement tax or fee, 390
537537 property tax, or taxes or fees upon the play, use, 391
538538 ownership, lease, placement, operation, repair, service, 392
539539 transportation, or storage of any video lottery game 393
540540 terminal, video lottery game, video lottery game terminal 394
541541 manufacturer, video lottery game terminal distributor, video 395 SB 73 18
542542 lottery game terminal operator, or video lottery game 396
543543 terminal retailer. Notwithstanding the provisions of 397
544544 section 32.057 to the contrary, the department of revenue 398
545545 may furnish to the commission and the commission may receive 399
546546 tax information to determine if applicants or licensees are 400
547547 complying with the tax laws of this state; howeve r, any tax 401
548548 information acquired by the commission shall not become 402
549549 public record and shall be used exclusively for commission 403
550550 business. 404
551551 7. Video lottery game manufacturers, video lottery 405
552552 game distributors, video lottery game operators, video 406
553553 lottery game retailers, video lottery game handlers, or any 407
554554 other business establishment involved with the operation of 408
555555 video lottery games, video lottery game terminals, or 409
556556 associated equipment shall not be required to pay any state 410
557557 or local personal pro perty tax on any video lottery game 411
558558 terminals, video lottery games, redemption terminals, or 412
559559 associated equipment. 413
560560 8. (1) Video lottery game terminals shall be 414
561561 inspected and approved by the commission prior to being 415
562562 transferred by the video lott ery game terminal operator to 416
563563 the video lottery game retailer's location. 417
564564 (2) Video lottery game manufacturers may buy, sell, or 418
565565 lease new or refurbished video lottery game terminals to and 419
566566 from video lottery game distributors and video lottery ga me 420
567567 terminal operators. 421
568568 (3) Video lottery game distributors may buy, sell, or 422
569569 lease new or refurbished video lottery game terminals to or 423
570570 from video lottery game manufacturers or video lottery game 424
571571 operators. 425
572572 (4) Video lottery game ticket re demption terminals 426
573573 shall meet independent testing standards approved by the 427 SB 73 19
574574 commission. Notwithstanding any other provision of the law 428
575575 to the contrary, any video lottery game terminal operator 429
576576 which owns or leases video lottery ticket redemption 430
577577 terminals or Class III video gaming terminals which 431
578578 otherwise comply with the minimum requirements for video 432
579579 lottery gaming terminals as set forth in sections 313.425 to 433
580580 313.437 prior to the operational date established in 434
581581 subdivision (6) of subsection 1 o f section 313.431, may use 435
582582 or sell such video lottery ticket redemption terminals or 436
583583 Class III video gaming terminals pursuant to the terms of 437
584584 sections 313.425 to 313.437. The commission shall approve 438
585585 for use and sale any ticket redemption terminal or Class III 439
586586 video gaming terminal that is in operation and meets the 440
587587 requirements of sections 313.425 to 313.437. 441
588588 9. (1) Pursuant to rules adopted by the commission, 442
589589 video lottery game terminal operators: 443
590590 (a) May buy, lease, or rent video lo ttery game 444
591591 terminals from licensed video lottery game manufacturers or 445
592592 distributors; 446
593593 (b) May handle, place, and service video lottery game 447
594594 terminals; 448
595595 (c) Shall connect such video lottery game terminals to 449
596596 the centralized computer system. 450
597597 (2) Notwithstanding any other provision of law to the 451
598598 contrary, all video lottery game tickets shall be redeemed 452
599599 using a video lottery game ticket redemption terminal. Such 453
600600 video lottery ticket redemption terminal shall be located 454
601601 within the video lottery game retailer's establishment in 455
602602 direct proximity to such video lottery game terminals. 456
603603 Unredeemed video lottery game tickets shall expire one 457
604604 hundred eighty days after the issuance date of such video 458
605605 lottery game ticket. 459 SB 73 20
606606 (3) A video lottery game terminal operator shall not 460
607607 be, directly or indirectly, a landlord or lessor of real 461
608608 property to a video lottery game retailer. No lease of real 462
609609 property may contain a provision requiring any sharing or 463
610610 splitting of net terminal income, or a ny method of rent 464
611611 calculation using a percentage of net terminal income, or 465
612612 any other similar provision or method for the determination 466
613613 or calculation of any rent, concession, or other charge by a 467
614614 lessee to a lessor. 468
615615 (4) Pursuant to rules adopted by the commission, a 469
616616 video lottery game operator shall be responsible for: 470
617617 (a) Payments to winning players; 471
618618 (b) Collecting all funds from video lottery game 472
619619 terminals; 473
620620 (c) Depositing all funds so collected into a separate 474
621621 bank account maintained by the video lottery game terminal 475
622622 operator to allow for electronic fund transfers by the 476
623623 commission on a monthly basis of all applicable adjusted 477
624624 gross gaming tax and all direct administrative costs of 478
625625 operating the centralized computer s ystem payment pursuant 479
626626 to rules adopted by the commission; and 480
627627 (d) After such transfer by the commission, remitting 481
628628 to the video lottery game retailer its share of net terminal 482
629629 income on not less than a monthly basis. The video lottery 483
630630 game operator may thereafter transfer its share of net 484
631631 terminal income to its business operations account. 485
632632 (5) (a) Only a video lottery game operator or its 486
633633 employee may negotiate and enter into a use agreement with a 487
634634 video lottery game retailer for the p lacement and operation 488
635635 of video lottery game terminals. 489
636636 (b) No video lottery game operator or video lottery 490
637637 game retailer shall pay a commission or any other valuable 491 SB 73 21
638638 consideration to any third party for the solicitation, 492
639639 procurement, execution, or delivery of any use agreement. 493
640640 (6) A video lottery game operator shall not enter into 494
641641 a use agreement with a video lottery game retailer prior to 495
642642 the start date. Use agreements entered into prior to the 496
643643 start date established pursuant to secti on 313.431 shall be 497
644644 invalid. 498
645645 (7) Subject to rules adopted by the commission, a 499
646646 video lottery game operator may, as part of the agreement 500
647647 with a video lottery game retailer, pay for a portion of the 501
648648 construction or renovation of a video lottery ga me terminal 502
649649 gaming area in an amount not to exceed ten thousand dollars. 503
650650 10. (1) Notwithstanding any other provision of law to 504
651651 the contrary, pursuant to rules adopted by the commission, a 505
652652 video lottery game operator may establish a player rewards 506
653653 system. No player shall be required to enroll in a rewards 507
654654 program offered by a video lottery game operator as a 508
655655 condition to play video lottery games. 509
656656 11. No licensed video lottery game operator shall: 510
657657 (1) Offer video lottery gaming termi nals that directly 511
658658 dispense anything of value except for video lottery game 512
659659 tickets. Tickets shall be dispensed by pressing the ticket 513
660660 dispensing button on the video lottery gaming terminal at 514
661661 the end of any video lottery game play. The ticket shall 515
662662 indicate the total amount of video lottery game terminal 516
663663 credits and the cash award, the time of day in a twenty -four- 517
664664 hour format showing hours and minutes, the date, the 518
665665 terminal serial number, the sequential number of the ticket, 519
666666 and an encrypted validation number from which the validity 520
667667 of the prize may be determined. The price of video lottery 521
668668 game terminal credits shall be determined by the 522
669669 commission. The maximum wager played per video lottery game 523 SB 73 22
670670 shall not exceed four dollars. The maximum prize for a 524
671671 single game play shall be no more than one thousand one 525
672672 hundred ninety-nine dollars, or one dollar less than the 526
673673 threshold amount requiring reporting of gambling winnings 527
674674 from slot machines under IRS FORM W2G and 5754; 528
675675 (2) Place and operate more than twelve video lottery 529
676676 game terminals per video lottery game retailer location; 530
677677 (3) Except as expressly set forth in sections 313.425 531
678678 to 313.437, advertise or market to the public through any 532
679679 means, including but not limited to, s ocial media, radio, 533
680680 television or other media outlets, direct mail, telephone or 534
681681 text message, billboards, or other signage, the 535
682682 availability, location, play, operation, or any other aspect 536
683683 of video lottery terminals. The commission may by rule 537
684684 allow limited on-site signage identifying the availability 538
685685 of video lottery game terminals at a video lottery game 539
686686 terminal retailer location. Notwithstanding any other 540
687687 provision of law to the contrary, video lottery game 541
688688 manufacturers, video lottery game distributors, video 542
689689 lottery game operators, video lottery game retailers, and 543
690690 video lottery game handlers may engage in direct or indirect 544
691691 marketing of their respective products and services by and 545
692692 between one another; or 546
693693 (4) Allow video lottery games to be played at any time 547
694694 when the video lottery game retailer's establishment is 548
695695 closed for business or for hours of operation not disclosed 549
696696 to the commission. 550
697697 12. (1) No person under twenty -one years of age shall 551
698698 play video lottery game t erminals. The video lottery gaming 552
699699 area shall be under observation at all times during 553
700700 operating hours of the video lottery game retailer. Such 554
701701 observation may be accomplished through direct visual 555 SB 73 23
702702 observation or via closed captioned video system. Video 556
703703 lottery game terminals shall be under the supervision, 557
704704 either through direct observations or through means of 558
705705 electronic surveillance, of a person who is at least twenty - 559
706706 one years of age to prevent persons under twenty -one years 560
707707 of age from playing video lottery terminals. The video 561
708708 lottery game retailer shall be responsible for preventing 562
709709 persons under the age of twenty -one from playing video 563
710710 lottery game terminals, and shall check the identification 564
711711 of any person playing a video lottery gam e terminal that 565
712712 appears to be under the age of twenty -one. 566
713713 (2) The commission may adopt rules regarding 567
714714 surveillance of the video lottery game terminals and gaming 568
715715 area, and for checking of identification of persons playing 569
716716 a video lottery game t erminal that appear to be under the 570
717717 age of twenty-one. 571
718718 (3) Pursuant to rules adopted by the commission, the 572
719719 commission shall implement and enforce the provisions of 573
720720 sections 313.425 to 313.437 and may impose discipline, 574
721721 including the imposition o f fines, license suspension, and 575
722722 license revocation, for failure of a licensee to comply with 576
723723 sections 313.425 to 313.437 or the rules of the commission. 577
724724 (4) A video lottery game operator shall post a sign in 578
725725 a conspicuous location where such vide o lottery game 579
726726 terminals are located, containing in red lettering at least 580
727727 one-half inch high on a white background a telephone contact 581
728728 number (1-888-BETSOFF) for the problem gambling helpline. 582
729729 13. (1) An adjusted gross gaming revenue tax of 583
730730 thirty-four percent is hereby imposed on adjusted gross 584
731731 gaming revenue. The revenue generated by the tax imposed by 585
732732 this section shall be in addition to and shall supplement, 586 SB 73 24
733733 and shall not supplant, any education funding otherwise 587
734734 appropriated by the gen eral assembly. 588
735735 (2) On a quarterly basis, the commission shall 589
736736 transfer an amount equal to four percent of the adjusted 590
737737 gross gaming revenue tax to the state lottery fund for 591
738738 administrative expenses. 592
739739 (3) The commission shall adopt rules to id entify the 593
740740 location, by city and county, of each video lottery game 594
741741 terminal being operated in the state and connected to the 595
742742 central control system. Such city or county so identified 596
743743 shall receive ten percent of the gross gaming revenue tax 597
744744 collected, remitted, and assessed on the gross gaming 598
745745 revenue generated by those video lottery game terminals 599
746746 located within the jurisdiction of such identified city or 600
747747 county for use in providing services necessary for the 601
748748 safety of the public visiting a vide o lottery game terminal 602
749749 retailer's location. All revenues owed to such city or 603
750750 county shall be deposited and distributed to such city or 604
751751 county in accordance with rules adopted by the commission. 605
752752 All revenues provided for in this section to be transf erred 606
753753 to the governing body of any city or county shall not be 607
754754 considered state funds and shall be deposited in such city 608
755755 or county general revenue fund to be expended as provided 609
756756 for in this section. 610
757757 14. All revenues received by the commission f rom 611
758758 license fees and any reimbursements associated with the 612
759759 administration of the provisions of sections 313.425 to 613
760760 313.437, and all interest earned thereon, shall be 614
761761 considered administrative expenses and shall be deposited in 615
762762 the state lottery fund. Moneys deposited into the state 616
763763 lottery fund from license fees and any reimbursements of 617
764764 commission administrative expenses to administer sections 618 SB 73 25
765765 313.425 to 313.437 shall be considered administrative 619
766766 expenses and shall not be considered net proceeds pursuant 620
767767 to Article III, Section 39(b) of the Missouri Constitution. 621
768768 The remainder of the money deposited in the state lottery 622
769769 fund from video lottery game license fees and any 623
770770 reimbursements of commission administrative expenses to 624
771771 enforce sections 313.425 to 313.437 shall be used for 625
772772 administrative expenses associated with supervising and 626
773773 enforcing the provisions of sections 313.425 to 313.437. 627
774774 15. The commission shall contract with a state law 628
775775 enforcement entity to assist in conducting ba ckground 629
776776 investigations of video lottery game applicants and for the 630
777777 enforcement of sections 313.425 to 313.437. 631
778778 16. The commission shall adopt rules for the 632
779779 implementation of the video lottery game system authorized 633
780780 under sections 313.425 to 313 .437, including, but not 634
781781 limited to, the placement of video lottery game terminals 635
782782 within a retail establishment and for the active oversight 636
783783 of the conduct of video lottery games. Any rule or portion 637
784784 of a rule, as that term is defined in section 536. 010, that 638
785785 is created under the authority delegated in this section 639
786786 shall become effective only if it complies with and is 640
787787 subject to all of the provisions of chapter 536 and, if 641
788788 applicable, section 536.028. This section and chapter 536 642
789789 are nonseverable and if any of the powers vested with the 643
790790 general assembly pursuant to chapter 536 to review, to delay 644
791791 the effective date, or to disapprove and annul a rule are 645
792792 subsequently held unconstitutional, then the grant of 646
793793 rulemaking authority and any rule proposed or adopted after 647
794794 August 28, 2025, shall be invalid and void. 648 SB 73 26
795795 313.431. 1. In order to expedite the orderly 1
796796 implementation of the video lottery game system authorized 2
797797 under sections 313.425 to 313.437, the commission shall: 3
798798 (1) Procure and implement a centralized computer 4
799799 system for video lottery game terminals no later than one 5
800800 hundred eighty days after the effective date of sections 6
801801 313.425 to 313.437; 7
802802 (2) Make a form use agreement and form license 8
803803 applications for video lottery game manufacturers, video 9
804804 lottery game distributors, video lottery game operators, 10
805805 video lottery game retailers, and video lottery game 11
806806 handlers available to applicants and accept such 12
807807 applications within sixty days after the effec tive date of 13
808808 sections 313.425 to 313.437; 14
809809 (3) Promulgate any emergency or regular rules and 15
810810 regulations needed for the implementation of the video 16
811811 lottery game system authorized under sections 313.425 to 17
812812 313.437 no later than one hundred eighty d ays after the 18
813813 effective date of sections 313.425 to 313.437; 19
814814 (4) Establish a start date for when video lottery game 20
815815 terminal operators may begin soliciting use agreements with 21
816816 video lottery game retailers. Video lottery game terminal 22
817817 operators shall not solicit use agreements prior to the 23
818818 established start date. Such start date shall be set no 24
819819 more than one hundred eighty days after the last video 25
820820 lottery game operator's application is received in the first 26
821821 year of the implementation of sect ions 313.425 to 313.437 27
822822 and is approved by the commission; 28
823823 (5) Approve or deny any completed video lottery game 29
824824 retailer applications or video lottery game operator 30
825825 applications no more than ninety days after an application 31
826826 has been received. For all such applications received in 32 SB 73 27
827827 the first year of the implementation of sections 313.425 to 33
828828 313.437, applications shall be approved or denied at least 34
829829 thirty days prior to the start date established in 35
830830 subdivision (4) of this subsection; and 36
831831 (6) Establish an operational date by which the system 37
832832 of video lottery game terminals shall be operational. The 38
833833 operational date shall be set no more than one hundred 39
834834 eighty days after the start date. 40
835835 2. The commission shall implement sections 31 3.425 to 41
836836 313.437. Any person seeking to be licensed pursuant to 42
837837 sections 313.425 to 313.437 shall have a private right of 43
838838 action if the commission fails to meet the deadlines 44
839839 pursuant to sections 313.425 to 313.437. Such person shall 45
840840 initiate an action in the circuit court of Cole County no 46
841841 more than thirty days after the commission's failure to meet 47
842842 such deadlines. 48
843843 313.433. Notwithstanding any other provision of law to 1
844844 the contrary, participation by a person, firm, corporation , 2
845845 or organization in any aspect of the state lottery under 3
846846 sections 313.425 to 313.437 shall not be construed to be a 4
847847 lottery or gift enterprise in violation of Section 39 of 5
848848 Article III of the Constitution of Missouri. 6
849849 313.434. 1. The state of Missouri shall be exempt 1
850850 from the provisions of 15 U.S.C. Section 1172, as amended. 2
851851 2. All shipments of video lottery gaming terminals 3
852852 authorized under sections 313.425 to 313.437 to licensees, 4
853853 the registering, recording, and labelin g of which have been 5
854854 completed by the manufacturer or distributor thereof in 6
855855 accordance with 8 U.S.C. Sections 1171 to 1178, as amended, 7
856856 shall be legal shipments of gambling devices into this state. 8
857857 313.435. 1. Any municipal or coun ty ordinance 1
858858 implemented prior to August 28, 2025, prohibiting or 2 SB 73 28
859859 restricting video lottery game terminals is deemed invalid 3
860860 and shall not be enforced to prohibit or restrict video 4
861861 lottery terminals in such municipality or county. 5
862862 2. A municipality is prohibited from adopting any 6
863863 ordinance prohibiting or restricting video lottery game 7
864864 terminals within the limits of such municipality until one 8
865865 year after the operational date as set forth in subdivision 9
866866 (6) of subsection 1 of section 313.431. 10
867867 3. A county commission, for the unincorporated area of 11
868868 the county, is prohibited from adopting any ordinance 12
869869 prohibiting or restricting video lottery game terminals 13
870870 within the unincorporated area until two years after the 14
871871 operational date establish ed pursuant to subdivision (6) of 15
872872 subsection 1 of section 313.431. 16
873873 4. Any municipality or county adopting an ordinance 17
874874 that prohibits or restricts the licensing of video lottery 18
875875 game retailers shall notify the commission of such action 19
876876 and provide a certified copy of such ordinance to the 20
877877 commission. Upon receiving such notification and ordinance, 21
878878 the commission shall not license video lottery game 22
879879 retailers within such area covered by such municipal or 23
880880 county ordinance. 24
881881 5. If any such municipality or county that has opted 25
882882 to prohibit or restrict the use of video lottery game 26
883883 terminals to play video lottery games repeals such 27
884884 ordinance, the municipality or county shall notify the 28
885885 commission and upon notification of the repeal the 29
886886 commission may license video lottery game retailers within 30
887887 such municipality or county to conduct video lottery games. 31
888888 313.437. 1. Notwithstanding any other provision of 1
889889 law to the contrary, any contract, agreement, or otherwise, 2
890890 whether oral or written, for the sale, use, license, or 3 SB 73 29
891891 operation of no chance game machines shall continue in force 4
892892 and shall not be invalidated by the provisions of sections 5
893893 313.425 to 313.437 if the owner or operator of such no 6
894894 chance game machines, wit hin thirty days after the effective 7
895895 date of sections 313.425 to 313.437: 8
896896 (a) Registers such no chance game machine with the 9
897897 commission disclosing the serial number, location, and owner 10
898898 of such no chance game machine; 11
899899 (b) Pays a registration fee of twenty-five dollars to 12
900900 the commission; and 13
901901 (c) Affixes a permit sticker issued by the commission 14
902902 to such no chance game machine. No permit stickers shall be 15
903903 issued by the commission after sixty days from the effective 16
904904 date of sections 313 .425 to 313.437, and no additional no 17
905905 chance game machines may be placed or operated in the state 18
906906 of Missouri thereafter. Such permit sticker shall be valid 19
907907 for three hundred sixty -five days after the operational date 20
908908 as set forth in subdivision (6) o f subsection 1 of section 21
909909 313.431. No chance game machines shall not be placed or 22
910910 operated in the state of Missouri unless said permit sticker 23
911911 is affixed thereto, and shall not be placed or operated in 24
912912 the state of Missouri after the expiration of the permit 25
913913 sticker as set forth in this section. Any person owning, 26
914914 operating, placing, or playing a no chance game machine in 27
915915 violation of this section shall not be issued a video 28
916916 lottery game license pursuant to sections 313.425 to 29
917917 313.437, and if already holding a video lottery game license 30
918918 pursuant to sections 313.425 to 313.437, shall have such 31
919919 license revoked by the commission. 32
920920 2. Nothing in sections 313.425 to 313.437 shall be 33
921921 construed to prohibit or bar the issuance of any license 34
922922 described therein to an applicant on the basis of that 35 SB 73 30
923923 applicant's operation, handling, leasing, licensing, 36
924924 servicing, or placing of no chance game machines during that 37
925925 period of time before that date which is three hundred sixty - 38
926926 five days after the operat ional date as set forth in 39
927927 subdivision (6) of subsection 1 of section 313.431. 40
928928 3. If any provision of sections 313.425 to 313.437 or 41
929929 the application thereof to anyone or to any circumstance is 42
930930 held invalid, the remainder of those sections and the 43
931931 application of such provisions to others or other 44
932932 circumstances shall not be affected thereby. 45
933933 4. (1) For purposes of sections 313.425 to 313.437, 46
934934 the term "family entertainment center" means a business 47
935935 establishment that: 48
936936 (a) Has as its primary purpose the providing of 49
937937 amusement and entertainment to the public; 50
938938 (b) Offers for play amusement games operated by the 51
939939 insertion of coins, currency, tickets, vouchers, or 52
940940 electronic equivalent thereof; and 53
941941 (c) Markets its business to families with children 54
942942 under the age of eighteen. 55
943943 (2) A person operating a family entertainment center 56
944944 shall not offer, operate, or place any video lottery game 57
945945 terminal on its premises. The commission shall not issue a 58
946946 video lottery game retai ler license to any family 59
947947 entertainment center. A family entertainment center may 60
948948 make amusement games available for play if the prize won or 61
949949 distributed to a player from any device, machine, or game 62
950950 located on the premises of the family entertainment center 63
951951 is a noncash, merchandise prize or a voucher, billet, 64
952952 ticket, token, or electronic credit redeemable only for a 65
953953 noncash, merchandise prize: 66
954954 (a) That does not include an alcoholic beverage; 67 SB 73 31
955955 (b) That is not eligible for repurchase; and 68
956956 (c) That is not exchangeable for cash, cash 69
957957 equivalents, or anything of value whatsoever. 70
958958 572.010. As used in this chapter the following terms 1
959959 mean: 2
960960 (1) "Advance gambling activity", a person advances 3
961961 gambling activity if , acting other than as a player, he or 4
962962 she engages in conduct that materially aids any form of 5
963963 gambling activity. Conduct of this nature includes but is 6
964964 not limited to conduct directed toward the creation or 7
965965 establishment of the particular game, lotte ry, contest, 8
966966 scheme, gambling device or activity involved, toward the 9
967967 acquisition or maintenance of premises, paraphernalia, 10
968968 equipment or apparatus therefor, toward the solicitation or 11
969969 inducement of persons to participate therein, toward the 12
970970 actual conduct of the playing phases thereof, toward the 13
971971 arrangement or communication of any of its financial or 14
972972 recording phases, or toward any other phase of its 15
973973 operation. A person advances gambling activity if, having 16
974974 substantial proprietary control or oth er authoritative 17
975975 control over premises being used with his or her knowledge 18
976976 for purposes of gambling activity, he or she permits that 19
977977 activity to occur or continue or makes no effort to prevent 20
978978 its occurrence or continuation. The supplying, servicing 21
979979 and operation of a licensed excursion gambling boat under 22
980980 sections 313.800 to 313.840 does not constitute advancing 23
981981 gambling activity. The owning, operating, supplying, or 24
982982 servicing of video lottery game terminals pursuant to 25
983983 sections 313.425 to 313. 437 does not constitute advancing 26
984984 gambling activity; 27
985985 (2) "Bookmaking", advancing gambling activity by 28
986986 unlawfully accepting bets from members of the public as a 29 SB 73 32
987987 business, rather than in a casual or personal fashion, upon 30
988988 the outcomes of future con tingent events; 31
989989 (3) "Contest of chance", any contest, game, gaming 32
990990 scheme or gaming device in which the outcome depends in a 33
991991 material degree upon an element of chance, notwithstanding 34
992992 that the skill of the contestants may also be a factor 35
993993 therein; 36
994994 (4) "Gambling", a person engages in gambling when he 37
995995 or she operates, plays, or participates in the operation of 38
996996 a gambling device, stakes or risks something of value upon 39
997997 the outcome of a contest of chance or a future contingent 40
998998 event not under his or her control or influence, upon an 41
999999 agreement or understanding that he or she will receive 42
10001000 something of value in the event of a certain outcome. 43
10011001 Gambling does not include bona fide business transactions 44
10021002 valid under the law of contracts, includi ng but not limited 45
10031003 to contracts for the purchase or sale at a future date of 46
10041004 securities or commodities, and agreements to compensate for 47
10051005 loss caused by the happening of chance, including but not 48
10061006 limited to contracts of indemnity or guaranty and life, 49
10071007 health or accident insurance; nor does gambling include 50
10081008 playing an amusement device that confers only an immediate 51
10091009 right of replay not exchangeable for something of value. 52
10101010 Gambling does not include any licensed activity, or persons 53
10111011 participating in such games which are covered by sections 54
10121012 313.800 to 313.840. Gambling does not include any activity, 55
10131013 or persons participating in such activity, video lottery 56
10141014 game terminals or video lottery games licensed pursuant to 57
10151015 sections 313.425 to 313.437 ; 58
10161016 (5) ["Gambling device", any device, machine, 59
10171017 paraphernalia or equipment that is used or usable in the 60
10181018 playing phases of any gambling activity, whether that 61 SB 73 33
10191019 activity consists of gambling between persons or gambling by 62
10201020 a person with a machine. However, lottery tickets, policy 63
10211021 slips and other items used in the playing phases of lottery 64
10221022 and policy schemes are not gambling devices within this 65
10231023 definition; 66
10241024 (6)] "Gambling record", any article, instrument, 67
10251025 record, receipt, ticket, certificate, token, s lip or 68
10261026 notation used or intended to be used in connection with 69
10271027 unlawful gambling activity; 70
10281028 [(7)] (6) "Lottery" or "policy", an unlawful gambling 71
10291029 scheme in which for a consideration the participants are 72
10301030 given an opportunity to win something of val ue, the award of 73
10311031 which is determined by chance; 74
10321032 [(8)] (7) "Player", a person who engages in any form 75
10331033 of gambling solely as a contestant or bettor, without 76
10341034 receiving or becoming entitled to receive any profit 77
10351035 therefrom other than personal gambling winnings, and without 78
10361036 otherwise rendering any material assistance to the 79
10371037 establishment, conduct or operation of the particular 80
10381038 gambling activity. A person who gambles at a social game of 81
10391039 chance on equal terms with the other participants therein 82
10401040 does not otherwise render material assistance to the 83
10411041 establishment, conduct or operation thereof by performing, 84
10421042 without fee or remuneration, acts directed toward the 85
10431043 arrangement or facilitation of the game, such as inviting 86
10441044 persons to play, permitting the use of premises therefor and 87
10451045 supplying cards or other equipment used therein. A person 88
10461046 who engages in "bookmaking" as defined in subdivision (2) of 89
10471047 this section is not a player; 90
10481048 [(9)] (8) "Professional player", a player who engages 91
10491049 in gambling for a livelihood or who has derived at least 92 SB 73 34
10501050 twenty percent of his or her income in any one year within 93
10511051 the past five years from acting solely as a player; 94
10521052 [(10)] (9) "Profit from gambling activity", a person 95
10531053 profits from gambling activity if, othe r than as a player, 96
10541054 he or she accepts or receives money or other property 97
10551055 pursuant to an agreement or understanding with any person 98
10561056 whereby he participates or is to participate in the proceeds 99
10571057 of gambling activity; 100
10581058 [(11)] (10) "Slot machine"[, a gambling device that as 101
10591059 a result of the insertion of a coin or other object 102
10601060 operates, either completely automatically or with the aid of 103
10611061 some physical act by the player, in such a manner that, 104
10621062 depending upon elements of chance, it may eject something o f 105
10631063 value. A device so constructed or readily adaptable or 106
10641064 convertible to such use is no less a slot machine because it 107
10651065 is not in working order or because some mechanical act of 108
10661066 manipulation or repair is required to accomplish its 109
10671067 adaptation, conversio n or workability. Nor is it any less a 110
10681068 slot machine because apart from its use or adaptability as 111
10691069 such it may also sell or deliver something of value on a 112
10701070 basis other than chance ]or "gambling device", an electronic, 113
10711071 computerized, or mechanical machine , terminal, or other 114
10721072 similar device that: 115
10731073 (a) Requires the direct or indirect insertion of any 116
10741074 form of consideration, coin, currency, ticket, token, 117
10751075 electronic token or currency, or other similar object, or 118
10761076 the depositing any form of consideratio n with the owner or 119
10771077 operator of such slot machine or gambling device to operate 120
10781078 the device; 121
10791079 (b) Offers, operates, or plays a contest or game, 122
10801080 either completely automatically or with the aid of some 123
10811081 physical act by the player, the outcome of which is 124 SB 73 35
10821082 determined by any element of chance, regardless of whether 125
10831083 the outcome may also be partially or predominately 126
10841084 determined by the skill of the player, and regardless of 127
10851085 whether the outcome may be disclosed or revealed to the 128
10861086 player in advance of pla y; and 129
10871087 (c) Which may award to the player an award, prize, or 130
10881088 something of value, whether the payoff is made automatically 131
10891089 from the gambling device or manually. 132
10901090 A device so constructed or readily adaptable or convertible 133
10911091 to such use is no less a sl ot machine because it is not in 134
10921092 working order or because some mechanical act of manipulation 135
10931093 or repair is required to accomplish its adaptation, 136
10941094 conversion, or workability. Nor is it any less a slot 137
10951095 machine because apart from its use or adaptability a s such 138
10961096 it may also sell or deliver something of value on a basis 139
10971097 other than chance; 140
10981098 [(12)] (11) "Something of value", any money or 141
10991099 property, any token, object or article exchangeable for 142
11001100 money or property, or any form of credit or promise directl y 143
11011101 or indirectly contemplating transfer of money or property or 144
11021102 of any interest therein or involving extension of a service, 145
11031103 entertainment or a privilege of playing at a game or scheme 146
11041104 without charge; 147
11051105 [(13)] (12) "Unlawful", not specifically autho rized by 148
11061106 law. 149
11071107 572.020. 1. A person commits the offense of gambling 1
11081108 if he or she knowingly engages in gambling. 2
11091109 2. The offense of gambling is a class [C misdemeanor 3
11101110 unless: 4
11111111 (1) It is committed by a professional player, in which 5
11121112 case it is a class A misdemeanor; or 6 SB 73 36
11131113 (2) The person knowingly engages in gambling with a 7
11141114 child less than seventeen years of age, in which case it is 8
11151115 a class B misdemeanor ] E felony. 9
11161116 572.070. 1. A person commits the offe nse of 1
11171117 possession of a gambling device if, with knowledge of the 2
11181118 character thereof, he or she manufactures, sells, 3
11191119 transports, places or possesses, owns, operates, offers for 4
11201120 play, or conducts or negotiates any transaction affecting or 5
11211121 designed to affect ownership, custody or use of: 6
11221122 (1) A slot machine or gambling device; or 7
11231123 (2) Any other gambling device, knowing or having 8
11241124 reason to believe that it is to be used in the state of 9
11251125 Missouri in the advancement of unlawful gambling activity. 10
11261126 2. The offense of possession of a gambling device is a 11
11271127 class [A misdemeanor]E felony. 12
11281128 572.100. 1. The general assembly by enacting this 1
11291129 chapter intends to preempt any other regulation of the area 2
11301130 covered by this chapter. No governmental subdivision or 3
11311131 agency may enact or enforce a law that regulates or makes 4
11321132 any conduct in the area covered by this chapter an offense, 5
11331133 or the subject of a criminal or civil penalty or sanction of 6
11341134 any kind. 7
11351135 2. The term "gambling", as use d in this chapter, does 8
11361136 not include licensed activities under sections 313.800 to 9
11371137 313.840, and does not include activities licensed pursuant 10
11381138 to sections 313.425 to 313.437. 11
11391139 3. The state lottery commission shall have concurrent 12
11401140 authority and jurisdiction to investigate and enforce 13
11411141 violations of this chapter, and to seek prosecution of 14
11421142 violations of this chapter by the attorney general pursuant 15
11431143 to section 27.105. 16
11441144