Bill Text: MS HB1207 | 2019 | Regular Session | Introduced
Bill Title: Mississippi Veterans Organizations Supplemental Funding Act of 2019; create.
Spectrum: Moderate Partisan Bill (Republican 25-8)
Status: (Failed) 2019-02-05 - Died In Committee [HB1207 Detail]
Download: Mississippi-2019-HB1207-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Ways and Means
By: Representatives Hopkins, Baria, Brown, Byrd, Carpenter, Criswell, Currie, Eubanks, Evans (45th), Gibbs (36th), Henley, Horan, Kinkade, Massengill, McLeod, McNeal, Morgan, Pigott, Powell, Roberson, Rogers (61st), Scoggin, Shanks, Snowden, Staples, Steverson, Straughter, Wallace
House Bill 1207
AN ACT TO CREATE THE MISSISSIPPI VETERANS ORGANIZATIONS SUPPLEMENTAL FUNDING ACT OF 2019; TO PROVIDE THAT THE PROVISIONS OF THE ACT SHALL BE ADMINISTERED BY THE MISSISSIPPI GAMING COMMISSION; TO PROVIDE THAT ESTABLISHMENTS AND TERMINAL OPERATORS SHALL BE REQUIRED TO OPERATE UNDER A PRIVILEGE LICENSE; TO DEFINE CERTAIN TERMS FOR THE ACT; TO PROVIDE CERTAIN POWERS TO THE COMMISSION AND ITS AGENTS; TO PROVIDE FOR COMMISSION REGULATIONS; TO PROVIDE FOR THE LICENSURE PROCESS; TO PROVIDE THE LICENSURE FEES; TO PROVIDE FOR THE TAX ON THE GROSS TERMINAL REVENUES; TO PROVIDE THE CRIMINAL PENALTIES FOR VIOLATIONS OF THE ACT; TO PROVIDE THE COMMISSION WITH OPTIONAL RECIPROCITY; TO REQUIRE THE COMMISSION TO MAKE APPLICATIONS FOR LICENSURE AVAILABLE WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS ACT; TO PROVIDE FOR A CONDITIONAL LICENSE; TO PROVIDE FOR TERMINAL PLACEMENT AGREEMENTS; TO AMEND SECTION 27-115-5, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT NOTHING IN THIS ACT SHALL BE DEEMED A VIDEO LOTTERY OR VIDEO LOTTERY TERMINAL UNDER THE ALYCE G. CLARK MISSISSIPPI LOTTERY LAW; TO AMEND SECTION 75-76-5, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT NOTHING IN THIS ACT SHALL BE DEEMED A GAME, GAMBLING GAME OR GAMBLING DEVICE UNDER THE MISSISSIPPI GAMING CONTROL ACT; TO AMEND SECTIONS 67-1-71, 97-33-9, 97-33-11, 97-33-13, 97-33-21, 97-33-23 AND 97-33-49, MISSISSIPPI CODE OF 1972, TO CONFORM WITH THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be referred to and may be cited as the "Mississippi Veterans Organizations Supplemental Funding Act of 2019."
SECTION 2. (1) The provisions of this chapter shall be administered by the Mississippi Gaming Commission, which shall administer them for the protection of the public and in the public interest in accordance with the policy of this state.
(2) The terminal operator and the veterans organization video gaming establishment operations within the territorial jurisdiction of the State of Mississippi shall be required to apply for and obtain a privilege license from the Mississippi Gaming Commission.
(3) The following terms shall have the following meanings, unless the context clearly indicates otherwise:
(a) "Gross terminal revenue" means the total of cash or cash equivalents received by a video gaming terminal minus the total of cash or cash equivalents paid out to players as a result of playing a video gaming terminal. The term does not include counterfeit cash or cash taken in a fraudulent act perpetrated against a terminal operator licensee for which the terminal operator licensee is not reimbursed.
(b) "Person" shall have the same meaning as defined in Section 75-76-5.
(c) "Terminal operator" means a person that owns, services or maintains video gaming terminals for placement and operation on the premises of a veterans organization videogaming establishment licensee.
(d) "Veterans organization video gaming establishment" means the location where a qualified veterans organization that derives its charter from a national veterans organization regularly meets.
(e) "Video gaming terminal" means a mechanical or electrical contrivance, terminal, machine or other device approved by the commission that, upon insertion of cash or cash equivalents, is available to play or operate one or more gambling games, the play of which utilizes a random number generator, and (i) may award a winning player either a free game or credit that shall only be redeemable for cash or cash equivalents at a redemption terminal, (ii) may utilize video displays, and (iii) may use an electronic credit system for receiving wagers and making payouts that are only redeemable at a redemption terminal.
(4) The commission and its agents may:
(a) Inspect and examine all premises of veterans organization video gaming establishments licensed under this chapter.
(b) Inspect all equipment and supplies in, upon or about such premises.
(c) Summarily seize and remove from such premises and impound any equipment or supplies for the purpose of examination and inspection.
(d) Demand access to and inspect, examine, photocopy and audit all papers, books and records of applicants and licensees, on their premises, or elsewhere as practicable, and in the presence of the licensee or his agent, respecting all matters affecting the enforcement of the policy or any of the provisions of this chapter.
(5) For the purpose of conducting audits after the cessation of operations by a licensee, the former licensee shall furnish, upon demand of an agent of the commission, books, papers and records as necessary to conduct the audits. The former licensee shall maintain all books, papers and records necessary for audits for a period of one (1) year after the date of the surrender or revocation of his privilege license. If the former licensee seeks judicial review of a deficiency determination or files a petition for a redetermination, he must maintain all books, papers and records until a final order is entered on the determination.
(6) The commission may investigate, for the purpose of prosecution, any suspected criminal violation of the provisions of this chapter.
(7) The commission, or any of its members, has full power and authority to issue subpoenas and compel the attendance of witnesses at any place within this state, to administer oaths and to require testimony under oath. Any process or notice may be served in the manner provided for service of process and notices in civil actions. The commission may pay such transportation and other expense of witnesses as it may deem reasonable and proper. Any person making false oath in any matter before the commission is guilty of perjury. The commission, or any member thereof, may appoint hearing examiners who may administer oaths and receive evidence and testimony under oath.
SECTION 3. (1) The Gaming Commission shall, from time to time, adopt, amend or repeal such regulations, consistent with the policy, objects and purposes of this chapter as it may deem necessary or desirable in the public interest in carrying out the policy and provisions of this chapter.
(2) These regulations shall, without limiting the general powers herein conferred, include the following:
(a) Prescribing the method and form of application which any applicant for a privilege license must follow and complete before consideration of his application by the commission.
(b) Prescribing the information to be furnished by any applicant or licensee concerning his antecedents, habits, character, associates, criminal record, business activities and financial affairs, past or present.
(c) Prescribing the information to be furnished by a licensee relating to his employees.
(d) Requiring fingerprinting of an applicant or licensee, or other methods of identification for such persons.
(e) Prescribing the manner and procedure of all hearings conducted by the commission or any hearing examiner of the commission, including special rules of evidence applicable thereto and notices thereof.
(f) Requiring any applicant to pay all or any part of the fees and costs of investigation of such applicant as may be determined by the commission.
(g) Prescribing the manner and method of collection and payment of fees and issuance of licenses.
(h) Prescribing under what conditions a licensee may be deemed subject to revocation or suspension of his license.
(i) Requiring any applicant or licensee to waive any privilege with respect to any testimony at any hearing or meeting of the commission, except any privilege afforded by the Constitution of the United States or this state.
(j) Requiring that any licensee or owner of ten percent (10%) or more of the operation shall not sell all or part of his ownership to a purchasing party until the purchasing party has met the requirements of this chapter.
(k) Requiring that such veterans organization video gaming establishments shall not advertise themselves as casinos.
SECTION 4. (1) Any person who the Gaming Commission determines is qualified to receive a license or is found suitable under the provisions of this chapter, having due consideration for the proper protection of the health, safety, morals, good order and general welfare of the inhabitants of the State of Mississippi and the declared policy of this state, may be issued a state privilege license for the operation of video gaming at a veterans organization video gaming establishment the burden of proving his qualification to receive any license or be found suitable is on the applicant.
(2) An application to receive a license shall not be granted unless the commission is satisfied that the applicant is:
(a) A person of good character, honesty and integrity;
(b) A person whose prior activities, criminal record, if any, reputation, habits and associations do not pose a threat to the public interest of this state or to the effective regulation and control of a veterans organization video gaming establishment, or create or enhance the dangers of unsuitable, unfair or illegal practices, methods and activities in the operation of video gaming at a veterans organization video gaming establishment, or the carrying on of the business and financial arrangements incidental thereto; and
(c) In all other respects qualified to be licensed or found suitable consistently with the declared policy of the state.
SECTION 5. (1) The Gaming Commission shall evaluate and consider any application for a license to operate either as a terminal operator or a veterans organization video gaming establishment pursuant to this section.
(2) The Gaming Commission may:
(a) Deny the application;
(b) Remand the matter for such further investigation and reconsideration as the commission may order; or
(c) By majority vote of the members present, grant the application for a privilege license. For the purposes of this section, a tie vote of the commission upon an application does not constitute a recommendation of denial of the application.
(3) The privilege license granted under this chapter is specific to the applicant.
(4) If the commission is not satisfied that an applicant is qualified to be licensed under this chapter, the commission may cause to be made such investigation into and conduct such hearings concerning the qualifications of the applicant in accordance with its regulations as it may deem necessary.
(5) If the commission desires further investigation be made or to conduct any hearings, it shall so notify the applicant and set a date for hearing, if a hearing is requested by the applicant.
(6) The commission has full and absolute power and authority to deny any application for any cause it deems reasonable. If an application is denied, the commission shall prepare and file its written decision upon which its order denying the application is based.
SECTION 6. If satisfied that an applicant is eligible to receive a state privilege license for the operation of video gaming terminals at a veterans organization video gaming establishment, either as a licensed terminal operator, or as a licensed veterans organization video gaming establishment, and upon tender of all license fees as required by law and regulation of the Mississippi Gaming Commission and the faithful performance of all requirements imposed by law or regulation or the conditions of the license, the commission shall issue to the applicant named, under the name or style designated, such license as may be appropriate or as is provided by law. An individual or entity may not be issued a veterans organization video gaming establishment license if that individual or entity has been issued a terminal operator license, and an individual or entity may not be issued a terminal operator license if that individual or entity (or any affiliate thereof) has been issued a veterans organization video gaming establishment license.
SECTION 7. (1) Each applicant for a privilege license for a terminal operator license shall pay an application fee of Five Thousand Dollars ($5,000.00).
(2) Each applicant for a privilege license for a veterans organization video gaming establishment license shall pay an application fee of One Thousand Dollars ($1,000.00).
(3) Each terminal operator licensee shall pay a license fee of Five Thousand Dollars ($5,000.00).
(4) Each veterans organization video gaming establishment licensee shall pay a license fee of One Thousand Dollars ($1,000.00).
(5) The cost of a credit shall only be One Cent (1¢), Five Cents (5¢), Ten Cents (10¢) or Twenty-five Cents (25¢).
(6) The maximum wager per individual game (defined as any random generated outcome) shall not exceed Five Dollars ($5.00).
(7) The maximum prize per individual game (defined as any random generated outcome) shall not exceed One Thousand Dollars ($1,000.00).
(8) No more than fifteen (15) video gaming terminals may be placed on the premises of a veterans organization video gaming establishment licensee.
(9) There shall be imposed on gross terminal revenue a tax of Thirty-three Percent (33%). Political subdivisions are prohibited from imposing any additional taxes or fees. A holder of any terminal operator license shall display the minimum theoretical aggregate payout percentage of all electronic gaming devices in operation and in all cases that percentage shall be no less than Eighty-five Percent (85%).
(10) The terminal operator licensee shall remit to the establishment no more or less than an equal split of gross terminal revenue after deducting gaming taxes specified in this chapter from each video gaming terminal located on the premises of the veterans organization video gaming establishment licensee.
SECTION 8. (1) Any person who violates any provision of this chapter shall be punished:
(a) For any offense, by imprisonment in the state penitentiary for not more than ten (10) years, or by a fine of not more than Ten Thousand Dollars ($10,000.00), or by both fine and imprisonment.
(b) For a second or subsequent offense, the court shall not suspend a sentence of imprisonment imposed pursuant to paragraph (a) of this subsection or grant probation to the person convicted.
(2) Any person who attempts, or two (2) or more persons who conspire, to violate any provision of this chapter, each shall be punished by imposing the penalty provided in subsection (1) for the completed crime.
SECTION 9. (1) (a) The Gaming Commission may determine whether the licensing standards of another jurisdiction within the United States in which an applicant, its affiliate, intermediary, subsidiary or holding company for a terminal operator license is similarly licensed are comprehensive and thorough and provide similar adequate safeguards as those required by this chapter.
(b) If the Gaming Commission makes that determination, it may issue a terminal operator license to an applicant who holds, or whose affiliate holds, a terminal operator license in the other jurisdiction after conducting an evaluation of the information relating to the applicant from the other jurisdictions, as updated by the Gaming Commission, and evaluating other information related to the applicant received from that jurisdiction and other jurisdictions where the applicant may be licensed, the Gaming Commission may incorporate such information in whole or in part into the Gaming Commission's evaluation of the applicant.
(2) In the event an applicant for a terminal operator license is licensed in another jurisdiction, the Gaming Commission may determine to use an alternate process requiring only that information determined by the Gaming Commission to be necessary to consider the issuance of a license, including financial viability of the licensee, to such an applicant.
(3) Nothing in this section shall be construed to waive fees associated with obtaining a license through the normal application process.
SECTION 10. (1) (a) Within ninety (90) days after the effective date of this act, the Gaming Commission shall make applications for establishment licenses available to applicants.
(b) The Executive Director of the Mississippi Gaming Commission shall issue a conditional license to an applicant for an establishment license if the applicant satisfies, as determined by the commission, all of the following criteria:
(i) The applicant has never been convicted of a felony in any jurisdiction.
(ii) The applicant is current on all state taxes.
(iii) The applicant has submitted a completed application for an establishment license in accordance with this chapter, which may be submitted concurrently with the applicant's request for a conditional license.
(iv) The applicant has never been convicted of a gambling law violation in any jurisdiction.
(c) The Executive Director of the Mississippi Gaming Commission shall issue a conditional license to an applicant for an establishment license, within sixty (60) days after the completed application has been received by the Gaming Commission, provided that the executive director determines that the criteria contained in paragraph (b) of this subsection (1) has been satisfied.
(2) (a) Within ninety (90) days after the effective date of this act, the Gaming Commission shall make applications for terminal operator licenses available to applicants.
(b) The Executive Director of the Mississippi Gaming Commission shall issue a conditional license to an applicant for a terminal operator license if the applicant satisfies, as determined by the commission, all of the following criteria:
(i) The applicant has never been convicted of a felony in any jurisdiction.
(ii) The applicant is current on all state taxes.
(iii) The applicant has submitted a completed application for a terminal operator license in accordance with this chapter, which may be submitted concurrently with the applicant's request for a conditional license.
(iv) The applicant has never been convicted of a gambling law violation in any jurisdiction.
(c) The executive director shall issue a conditional license to an applicant for a terminal operator license, within sixty (60) days after the applicant has submitted the completed application to the Gaming Commission, provided that the executive director determines that the criteria contained in paragraph (b) of this subsection (2) has been satisfied.
SECTION 11. (1) No terminal operator licensee may place and operate video gaming terminals on the premises of an establishment licensee unless pursuant to a terminal placement agreement that is between a licensed terminal operator, or an entity which becomes a licensed terminal operator, and a licensed establishment, or an establishment which becomes a licensed establishment.
(2) Terminal placement agreements shall be valid for a minimum sixty-month term but shall not exceed a one hundred twenty-month term.
(3) Any terminal placement agreement which was executed prior to the enactment of House Bill No. ____, 2019 Regular Session, shall be null and void. However, conditional terminal placement agreements which are expressly conditioned upon both parties becoming licensed shall be valid, so long as and effective at the time that, both parties are ultimately licensed.
SECTION 12. Section 27-115-5, Mississippi Code of 1972, is amended as follows:
27-115-5. As used in this chapter, the following words and phrases shall have the following meanings unless the context clearly requires otherwise:
(a) "Corporation" means the Mississippi Lottery Corporation.
(b) "Lottery" means any game of chance approved by the corporation and operated pursuant to this chapter, which utilizes the sale of paper tickets for various intrastate and multistate or multisovereign lottery games (such as Pick-3, Pick-4, Mega Millions, Powerball), and "instant tickets" as defined, but specifically excluding any form of "video lottery" or use of "video lottery terminal" as defined.
(c) "Major procurement" means any item, product or service in the amount of One Million Dollars ($1,000,000.00) or more, including, but not limited to, major advertising contracts, annuity contracts, prizes, products, and services unique to the Mississippi lottery.
(d) "Net proceeds" means gross lottery revenues minus amounts paid as prizes and expenses of operation of the lottery.
(e) "Person" means any individual, corporation, partnership, unincorporated association or other legal entity.
(f) "President" means the President of the Mississippi Lottery Corporation, who shall also serve as chief executive officer of the corporation.
(g) "Retailer" means any person with whom the corporation has contracted to sell lottery tickets to the public.
(h) "Security" means the protection of information that would provide an unfair advantage to any individual involved in the operation of the lottery, protection and preservation of the integrity of lottery games and operations, as well as measures taken to prevent crimes against the corporation and its retailers.
(i) "Vendor" means any person who has entered into a contract with the corporation.
(j) "Fiscal year" means the fiscal year used by the State of Mississippi government.
(k) "Board" means the Mississippi Lottery Corporation Board of Directors.
(l) "Instant ticket" means a lottery game in which a player scratches a coating from one or more play areas on a ticket to determine if he or she has won, as indicated by the symbols and words that are revealed.
(m) "Video lottery" and "video lottery terminal" means any electronic interactive computerized game machine or device equipped with a video screen and buttons, keys, a keyboard, touchscreen or other input device allowing input by an individual player and into which the player inserts coins, tokens, currency or other representation of value (including, but not limited to, an electronic card, ticket or other thing on which value is recorded electronically) as consideration in order for play of a game to be available, and through which, as a result of the play of a game, the player may receive free games, credits redeemable for cash or a noncash prize, or some other thing of value, whether or not received directly from the device, or nothing, determined wholly or predominantly by chance. As used in this chapter, the terms "video lottery" and "video lottery terminal" shall not apply to any device or game authorized under the Mississippi Veterans Organizations Supplemental Funding Act of 2019.
SECTION 13. Section 75-76-5, Mississippi Code of 1972, is amended as follows:
75-76-5. As used in this chapter, unless the context requires otherwise:
(a) "Applicant" means any person who has applied for or is about to apply for a state gaming license, registration or finding of suitability under the provisions of this chapter or approval of any act or transaction for which approval is required or permitted under the provisions of this chapter.
(b) "Application" means a request for the issuance of a state gaming license, registration or finding of suitability under the provisions of this chapter or for approval of any act or transaction for which approval is required or permitted under the provisions of this chapter but does not include any supplemental forms or information that may be required with the application.
(c) "Associated equipment" means any equipment or mechanical, electromechanical or electronic contrivance, component or machine used remotely or directly in connection with gaming or with any game, race book or sports pool that would not otherwise be classified as a gaming device, including dice, playing cards, links which connect to progressive slot machines, equipment which affects the proper reporting of gross revenue, computerized systems of betting at a race book or sports pool, computerized systems for monitoring slot machines, and devices for weighing or counting money.
(d) "Chairman" means the Chairman of the Mississippi Gaming Commission except when used in the term "Chairman of the State Tax Commission." "Chairman of the State Tax Commission" or "commissioner" means the Commissioner of Revenue of the Department of Revenue.
(e) "Commission" or "Mississippi Gaming Commission" means the Mississippi Gaming Commission.
(f) "Commission member" means a member of the Mississippi Gaming Commission.
(g) "Credit instrument" means a writing which evidences a gaming debt owed to a person who holds a license at the time the debt is created, and includes any writing taken in consolidation, redemption or payment of a prior credit instrument.
(h) "Enforcement division" means a particular division supervised by the executive director that provides enforcement functions.
(i) "Establishment" means any premises wherein or whereon any gaming is done.
(j) "Executive director" means the Executive Director of the Mississippi Gaming Commission.
(k) Except as otherwise provided by law, "game," or "gambling game" means any banking or percentage game played with cards, with dice or with any mechanical, electromechanical or electronic device or machine for money, property, checks, credit or any representative of value, including, without limiting, the generality of the foregoing, faro, monte, roulette, keno, fan-tan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, poker, chuck-a-luck (dai shu), wheel of fortune, chemin de fer, baccarat, pai gow, beat the banker, panguingui, slot machine, or any other game or device approved by the commission. However, "game" or "gambling game" shall not include bingo games or raffles which are held pursuant to the provisions of Section 97-33-51, or the illegal gambling activities described in Section 97-33-8, or any game authorized by the Mississippi Veterans Organizations Supplemental Funding Act of 2019.
The commission shall not be required to recognize any game hereunder with respect to which the commission determines it does not have sufficient experience or expertise.
(l) "Gaming" or "gambling" means to deal, operate, carry on, conduct, maintain or expose for play any game as defined in this chapter.
(m) "Gaming
device" means any mechanical, electromechanical or electronic contrivance,
component or machine used in connection with gaming or any game which affects
the result of a wager by determining win or loss. The term includes a system
for processing information which can alter the normal criteria of random
selection, which affects the operation of any game, or which determines the
outcome of a game. The term does not include a system or device which affects
a game solely by stopping its operation so that the outcome remains
undetermined, * * *
does not include any antique coin machine as defined in Section 27-27-12 and
does not include any gaming device authorized by the Mississippi Veterans
Organizations Supplemental Funding Act of 2019.
(n) "Gaming employee" means any person connected directly with the operation of a gaming establishment licensed to conduct any game, including:
(i) Boxmen;
(ii) Cashiers;
(iii) Change personnel;
(iv) Counting room personnel;
(v) Dealers;
(vi) Floormen;
(vii) Hosts or other persons empowered to extend credit or complimentary services;
(viii) Keno runners;
(ix) Keno writers;
(x) Machine mechanics;
(xi) Security personnel;
(xii) Shift or pit bosses;
(xiii) Shills;
(xiv) Supervisors or managers; and
(xv) Ticket writers.
The term "gaming employee" also includes employees of manufacturers or distributors of gaming equipment within this state whose duties are directly involved with the manufacture, repair or distribution of gaming equipment.
"Gaming employee" does not include bartenders, cocktail waitresses or other persons engaged in preparing or serving food or beverages unless acting in some other capacity.
(o) "Gaming license" means any license issued by the state which authorizes the person named therein to engage in gaming.
(p) "Gross revenue" means the total of all of the following, less the total of all cash paid out as losses to patrons and those amounts paid to purchase annuities to fund losses paid to patrons over several years by independent financial institutions:
(i) Cash received as winnings;
(ii) Cash received in payment for credit extended by a licensee to a patron for purposes of gaming; and
(iii) Compensation received for conducting any game in which the licensee is not party to a wager.
For the purposes of this definition, cash or the value of noncash prizes awarded to patrons in a contest or tournament are not losses.
The term does not include:
(iv) Counterfeit money or tokens;
(v) Coins of other countries which are received in gaming devices;
(vi) Cash taken in fraudulent acts perpetrated against a licensee for which the licensee is not reimbursed; or
(vii) Cash received as entry fees for contests or tournaments in which the patrons compete for prizes.
(q) "Hearing examiner" means a member of the Mississippi Gaming Commission or other person authorized by the commission to conduct hearings.
(r) "Investigation division" means a particular division supervised by the executive director that provides investigative functions.
(s) "License" means a gaming license or a manufacturer's, seller's or distributor's license.
(t) "Licensee" means any person to whom a valid license has been issued.
(u) "License fees" means monies required by law to be paid to obtain or continue a gaming license or a manufacturer's, seller's or distributor's license.
(v) "Licensed gaming establishment" means any premises licensed pursuant to the provisions of this chapter wherein or whereon gaming is done.
(w) "Manufacturer's," "seller's" or "distributor's" license means a license issued pursuant to Section 75-76-79.
(x) "Navigable waters" shall have the meaning ascribed to such term under Section 27-109-1.
(y) "Operation" means the conduct of gaming.
(z) "Party" means the Mississippi Gaming Commission and any licensee or other person appearing of record in any proceeding before the commission; or the Mississippi Gaming Commission and any licensee or other person appearing of record in any proceeding for judicial review of any action, decision or order of the commission.
(aa) "Person" includes any association, corporation, firm, partnership, trust or other form of business association as well as a natural person.
(bb) "Premises" means land, together with all buildings, improvements and personal property located thereon, and includes all parts of any vessel or cruise vessel.
(cc) "Race book" means the business of accepting wagers upon the outcome of any event held at a track which uses the pari-mutuel system of wagering.
(dd) "Regulation" means a rule, standard, directive or statement of general applicability which effectuates law or policy or which describes the procedure or requirements for practicing before the commission. The term includes a proposed regulation and the amendment or repeal of a prior regulation but does not include:
(i) A statement concerning only the internal management of the commission and not affecting the rights or procedures available to any licensee or other person;
(ii) A declaratory ruling;
(iii) An interagency memorandum;
(iv) The commission's decision in a contested case or relating to an application for a license; or
(v) Any notice concerning the fees to be charged which are necessary for the administration of this chapter.
(ee) "Respondent" means any licensee or other person against whom a complaint has been filed with the commission.
(ff) "Slot machine" means any mechanical, electrical or other device, contrivance or machine which, upon insertion of a coin, token or similar object, or upon payment of any consideration, is available to play or operate, the play or operation of which, whether by reason of the skill of the operator or application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tokens or anything of value, whether the payoff is made automatically from the machine or in any other manner. The term does not include any antique coin machine as defined in Section 27-27-12.
(gg) "Sports pool" means the business of accepting wagers on collegiate or professional sporting events or athletic events, by any system or method of wagering other than the system known as the "pari-mutuel method of wagering."
(hh) "State Tax Commission" or "department" means the Department of Revenue of the State of Mississippi.
(ii) "Temporary work permit" means a work permit which is valid only for a period not to exceed ninety (90) days from its date of issue and which is not renewable.
(jj) "Vessel" or "cruise vessel" shall have the meanings ascribed to such terms under Section 27-109-1.
(kk) "Work permit" means any card, certificate or permit issued by the commission, whether denominated as a work permit, registration card or otherwise, authorizing the employment of the holder as a gaming employee. A document issued by any governmental authority for any employment other than gaming is not a valid work permit for the purposes of this chapter.
(ll) "School or training institution" means any school or training institution which is licensed by the commission to teach or train gaming employees pursuant to Section 75-76-34.
(mm) "Cheat" means to alter the selection of criteria that determine:
(i) The rules of a game; or
(ii) The amount or frequency of payment in a game.
(nn) "Promotional activity" means an activity or event conducted or held for the purpose of promoting or marketing the individual licensed gaming establishment that is engaging in the promotional activity. The term includes, but is not limited to, a game of any kind other than as defined in paragraph (k) of this section, a tournament, a contest, a drawing, or a promotion of any kind.
SECTION 14. Section 67-1-71, Mississippi Code of 1972, is amended as follows:
67-1-71. The department may revoke or suspend any permit issued by it for a violation by the permittee of any of the provisions of this chapter or of the regulations promulgated under it by the department.
Permits must be revoked or suspended for the following causes:
(a) Conviction of the permittee for the violation of any of the provisions of this chapter;
(b) Willful failure or refusal by any permittee to comply with any of the provisions of this chapter or of any rule or regulation adopted pursuant thereto;
(c) The making of any materially false statement in any application for a permit;
(d) Conviction of one or more of the clerks, agents or employees of the permittee, of any violation of this chapter upon the premises covered by such permit within a period of time as designated by the rules or regulations of the department;
(e) The possession on the premises of any retail permittee of any alcoholic beverages upon which the tax has not been paid;
(f) The willful failure of any permittee to keep the records or make the reports required by this chapter, or to allow an inspection of such records by any duly authorized person;
(g) The suspension or revocation of a permit issued to the permittee by the federal government, or conviction of violating any federal law relating to alcoholic beverages;
(h) The failure to furnish any bond required by Section 27-71-21 within fifteen (15) days after notice from the department; and
(i) The conducting of any form of illegal gambling on the premises of any permittee or on any premises connected therewith or the presence on any such premises of any gambling device with the knowledge of the permittee.
The provisions of paragraph (i) of this section shall not apply to gambling or the presence of any gambling devices, with knowledge of the permittee, on board a cruise vessel in the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, or on any vessel as defined in Section 27-109-1 whenever such vessel is on the Mississippi River or navigable waters within any county bordering on the Mississippi River. The department may, in its discretion, issue on-premises retailer's permits to a common carrier of the nature described in this paragraph.
The provisions of paragraph (i) of this section shall not apply to the operation of any game or lottery authorized by Chapter 115, Title 27, or the Mississippi Veterans Organizations Supplemental Funding Act of 2019.
No permit shall be suspended or revoked until after the permittee has been provided reasonable notice of the charges against him for which suspension or revocation is sought and the opportunity to a hearing before the Board of Tax Appeals to contest such charges and the suspension or revocation proposed. Opportunity to a hearing is provided without an actual hearing if the permittee, after receiving reasonable notice, including notice of his right to a hearing, fails to timely request a hearing. The permittee may also at any time waive his rights to reasonable notice and/or to the opportunity to a hearing by agreeing to a suspension or revocation offered by the department. Notwithstanding the requirement above that a permit may not be suspended without notice and opportunity to a hearing, sales of alcoholic beverages by a permittee under a permit for which the bond under Section 27-71-21 has been cancelled shall be suspended from and after issuance of the notice provided in paragraph (h) above and shall continue to be suspended until the bond is reinstated, a new bond is posted or sufficient cash or securities as provided under Section 27-71-21 are deposited with the State Treasurer for this permit.
In addition to the causes specified in this section and other provisions of this chapter, the department shall be authorized to suspend the permit of any permit holder for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a permit for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a permit suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a permit suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 15. Section 97-33-9, Mississippi Code of 1972, is amended as follows:
97-33-9. Except as otherwise provided in Section 97-33-8, if any person shall be guilty of keeping or exhibiting any game or gaming table commonly called A.B.C. or E.O. roulette or rowley-powley, or rouge et noir, roredo, keno, monte, or any faro-bank, or other game, gaming table, or bank of the same or like kind or any other kind or description under any other name whatever, or shall be in any manner either directly or indirectly interested or concerned in any gaming tables, banks, or games, either by furnishing money or articles for the purpose of carrying on the same, being interested in the loss or gain of said table, bank or games, or employed in any manner in conducting, carrying on, or exhibiting said gaming tables, games, or banks, every person so offending and being thereof convicted, shall be fined not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00), or be imprisoned in the county jail not longer than two (2) months, or by both such fine and imprisonment, in the discretion of the court. Nothing in this section shall apply to any person who owns, possesses, controls, installs, procures, repairs or transports any gambling device, machine or equipment in accordance with subsection (4) of Section 97-33-7 or Section 75-76-34.
This section shall not apply to the operation of any game or lottery authorized by Chapter 115, Title 27, or the Mississippi Veterans Organizations Supplemental Funding Act of 2019.
SECTION 16. Section 97-33-11, Mississippi Code of 1972, is amended as follows:
97-33-11. It shall not be lawful for any association of persons of the character commonly known as a "club," whether such association be incorporated or not, in any manner, either directly or indirectly, to have any interest or concern in any gambling tables, banks, or games, by means of what is sometimes called a "rake-off" or "take-out," or by means of an assessment upon certain combinations, or hands at cards, or by means of a percentage extracted from players, or an assessment made upon, or a contribution from them, or by any other means, device or contrivance whatsoever. It shall not be lawful for such an association to lend or advance money or any other valuable thing to any person engaged or about to engage in playing any game of chance prohibited by law, or to become responsible directly or indirectly for any money or other valuable thing lost, or which may be lost, by any player in any such game. If any such association shall violate any of the provisions of this section each and every member thereof shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in a sum not more than Five Hundred Dollars ($500.00); and unless such fine and costs be immediately paid, shall be imprisoned in the county jail for not less than five (5) nor more than twenty (20) days. Each grand jury shall cause such of the members of such an association as it may choose to appear before them and submit to examination touching the observance or nonobservance by such association of the provisions hereof.
This section shall not apply to the operation of any game or lottery authorized by Chapter 115, Title 27, or the Mississippi Veterans Organizations Supplemental Funding Act of 2019.
SECTION 17. Section 97-33-13, Mississippi Code of 1972, is amended as follows:
97-33-13. Any owner, lessee, or occupant of any outhouse or other building, who shall knowingly permit or suffer any of the before mentioned tables, banks, or games, or any other game prohibited by law, to be carried on, kept, or exhibited in his said house or other building, or on his lot or premises, being thereof convicted, shall be fined not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00).
This section shall not apply to the operation of any game or lottery authorized by Chapter 115, Title 27, or the Mississippi Veterans Organizations Supplemental Funding Act of 2019.
SECTION 18. Section 97-33-21, Mississippi Code of 1972, is amended as follows:
97-33-21. Any person of full age who shall bet any money or thing of any value with a minor, or allow a minor to bet at any game or gaming-table exhibited by him, or in which he is interested or in any manner concerned, on conviction thereof, shall be fined not less than Three Hundred Dollars ($300.00) and imprisoned not less than three (3) months.
This section shall apply to minors under the age of twenty-one (21) as it might apply to the operation of any game or lottery authorized by Chapter 115, Title 27, or the Mississippi Veterans Organizations Supplemental Funding Act of 2019.
SECTION 19. Section 97-33-23, Mississippi Code of 1972, is amended as follows:
97-33-23. Any person of full age who shall bet any money or thing of value with a minor, knowing such minor to be under the age of twenty-one (21) years, or allowing any such minor to bet at any game or games, or at any gaming table exhibited by him, or in which he is interested or in any manner concerned, on conviction thereof, shall be punished by imprisonment in the Penitentiary not exceeding two (2) years.
This section shall apply to minors under the age of twenty-one (21) as it might apply to the operation of any game or lottery authorized by Chapter 115, Title 27, or the Mississippi Veterans Organizations Supplemental Funding Act of 2019.
SECTION 20. Section 97-33-49, Mississippi Code of 1972, is amended as follows:
97-33-49. Except as otherwise provided in Section 97-33-51, if any person, in order to raise money for himself or another, shall publicly or privately put up or in any way offer any prize or thing to be raffled or played for, he shall, on conviction, be fined not more than Twenty Dollars ($20.00), or be imprisoned not more than one (1) month in the county jail.
This section shall not apply to the operation of any game or lottery authorized by Chapter 115, Title 27, or the Mississippi Veterans Organizations Supplemental Funding Act of 2019.
SECTION 21. This act shall take effect and be in force from and after July 1, 2019.
