Read the full stored bill text
SECOND REGULAR SESSION
SENATE BILL NO. 850
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MAY .
4408S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 313, RSMo, by adding thereto six new sections relating to video lottery, with
penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 313, RSMo, is amended by adding thereto 1
six new sections, to be known as sections 313.425, 313.427, 2
313.429, 313.431, 313.433, and 313.435, to read as follows:3
313.425. Sections 313.425 to 313.435 shall be known 1
and may be cited as the "Missouri Video Lottery Control Act" 2
and shall establish the regulatory framework for the use of 3
player-activated video terminals for the conduct of lottery 4
games. 5
313.427. As used in sections 313.425 to 313.435, the 1
following words and phrases shall mean: 2
(1) "Centralized computer system", a computerized 3
system developed or procured by the commission that video 4
lottery game terminals are connected to using standard 5
industry protocols that can activate or deactivate a 6
particular video lottery game terminal from a remote 7
location, and that is capable of monitoring and auditing 8
video lottery game plays; 9
(2) "Commission" or "lottery commission", the five- 10
member body appointed by the governor to manage and oversee 11
the lottery under section 313.215; 12
SB 850 2
(3) "Veterans' organization", a post or organization 13
of veterans, or an auxiliary unit or society of, or a trust 14
or foundation for, any such post or organization organized 15
in the United States or any of its possessions in which at 16
least seventy-five percent of the members are veterans of 17
the United States Armed Forces and substantially all of the 18
other members are individuals who are veterans or are 19
cadets, or are spouses, widows, or widowers of war veterans 20
of such individuals, in which no part of the net earnings 21
inures to the benefit of any private shareholder or 22
individual, and which has been exempted from payment of 23
federal income taxes; 24
(4) "Video lottery game", any lottery game approved by 25
the commission for play on a video lottery game terminal 26
using video lottery game terminal credits that have been 27
purchased with cash, cash equivalents, or by a winning video 28
lottery game terminal ticket; 29
(5) "Video lottery game adjusted gross receipts", the 30
total of cash or cash equivalents used for the play of a 31
video lottery game on a video lottery game terminal minus 32
cash or cash equivalent paid to players as a result of 33
playing video lottery games on a video lottery game terminal; 34
(6) "Video lottery game distributor", a person 35
licensed by the commission to buy, sell, lease, rent, 36
finance, or otherwise provide, distribute, or service video 37
lottery game terminals or major parts and components of 38
video lottery game terminals, including used or refurbished 39
video lottery game terminals to and from licensed video 40
lottery game manufacturers and licensed video lottery game 41
operators; 42
(7) "Video lottery game handler", a person employed by 43
a licensed video lottery game operator to handle, place, 44
SB 850 3
operate, and service video lottery game terminals and 45
associated equipment; 46
(8) "Video lottery game manufacturer", any person that 47
manufactures video lottery game terminals or major parts and 48
components for video lottery game terminals as approved by 49
the lottery commission; 50
(9) "Video lottery game operator", a person licensed 51
by the commission that owns, rents, or leases and services 52
or maintains video lottery game terminals for placement in 53
licensed video lottery game retailer establishments; 54
(10) "Video lottery game retailer", a person meeting 55
the requirements of a lottery game retailer under section 56
313.260, that secures and maintains a license issued by the 57
commission to conduct video lottery games played on a video 58
lottery game terminal or terminals and that is a veterans' 59
organization, or business entity licensed under chapter 311 60
to sell liquor by the drink and that only allows patrons 61
over the age of twenty-one to enter; 62
(11) "Video lottery game terminal", player-activated 63
terminal that exchanges coins, currency, tickets, ticket 64
vouchers, or other electronic payment methods approved by 65
the commission for video lottery game terminal credits used 66
to play video lottery games approved by the commission. 67
Such video lottery game terminals shall use a video display 68
and microprocessor capable of randomly generating the 69
outcome of video lottery games and be capable of printing a 70
ticket at the conclusion of any video lottery game play that 71
is redeemable at a video lottery game ticket redemption 72
terminal or reinserted into a video lottery game terminal 73
for video lottery game credit. All video lottery games 74
approved by the commission for play on a video lottery game 75
SB 850 4
terminal shall have a minimum theoretical payout of eighty- 76
five percent; 77
(12) "Video lottery game terminal credit", one cent, 78
five cents, ten cents, or twenty-five cents either won or 79
purchased by a player on a video lottery game terminal that 80
is used to play video lottery games and that may be 81
converted into a video lottery game ticket; 82
(13) "Video lottery game ticket" or "ticket", a 83
document printed at the conclusion of any lottery game play 84
or group of plays on a video lottery game terminal that is 85
redeemable for cash utilizing a video lottery game ticket 86
redemption terminal or that may be reinserted into a video 87
lottery game terminal in the establishment for which it was 88
issued for video lottery terminal game play credit; 89
(14) "Video lottery game ticket redemption terminal", 90
the collective hardware, software, communications 91
technology, and other ancillary equipment used to facilitate 92
the payment of tickets cashed out by players as a result of 93
playing a video lottery game terminal. 94
313.429. 1. The commission shall implement a system 1
of video lottery game terminals utilizing a licensing 2
structure for processing license applications and issuing 3
licenses to video lottery game manufacturers, video lottery 4
game distributors, video lottery game operators, video 5
lottery game handlers, and video lottery game retailers for 6
the conduct of lottery games utilizing video lottery game 7
terminals within the state; except that, a person licensed 8
as a: 9
(1) Video lottery game manufacturer or a video lottery 10
game distributor shall not be issued a license as a video 11
lottery game operator or a video lottery game retailer; 12
SB 850 5
(2) Video lottery game operator shall not be issued a 13
license as a video lottery game manufacturer or a video 14
lottery game distributor; and 15
(3) Video lottery game retailer shall not be issued a 16
license as a video lottery game manufacturer or a video 17
lottery game distributor. 18
Nothing in this subsection shall prevent a video lottery 19
game manufacturer from obtaining a video lottery game 20
manufacturer's license and a video lottery game 21
distributor's license and providing and operating the 22
centralized computer system for monitoring video lottery 23
game terminals, and nothing in this subsection shall prevent 24
a video lottery game operator from obtaining a video lottery 25
game retailer's license or a video lottery game retailer 26
from obtaining a video lottery game operator's license, 27
provided the applicant meets the requirements for all such 28
licenses. 29
2. Under no circumstances shall the commission: 30
(1) Authorize or allow a single vendor or licensee to 31
implement the system of video lottery game terminals created 32
under this section; 33
(2) Allow a single licensed video lottery game 34
operator to control or operate more than twenty-five percent 35
of video lottery game terminals in the state; or 36
(3) Allow a single licensed video lottery game 37
manufacturer or distributor to manufacture or distribute 38
more than twenty-five percent of video lottery game 39
terminals in the state. 40
3. (1) The video lottery game system authorized by 41
this section shall allow for multiple video lottery game 42
manufacturers, video lottery game distributors, and video 43
SB 850 6
lottery game operators to encourage private sector 44
investment and job opportunities for Missouri citizens. 45
Video lottery game terminals shall be connected to a 46
centralized computer system developed or procured by the 47
commission. The commission shall provide licensed video 48
lottery game operators with the necessary protocols to 49
connect the operators' video lottery game terminal or 50
terminals to the centralized computer system after such 51
terminal or terminals have been approved by the commission. 52
No video lottery game terminal shall be placed in operation 53
without first connecting to the centralized computer system 54
after such terminal or terminals have been approved by the 55
commission. A vendor that provides the centralized computer 56
system authorized under this subsection shall not be 57
eligible to be licensed as a video lottery game operator or 58
video lottery game retailer. The commission may impose an 59
initial nonrefundable license application fee as follows: 60
(a) For video lottery game manufacturers, video 61
lottery game distributors, and video lottery game operators, 62
no more than fifty thousand dollars; 63
(b) For video lottery game retailer establishments, no 64
more than five hundred dollars; or 65
(c) For video lottery game handlers, no more than one 66
hundred dollars. 67
(2) The initial license and first subsequent license 68
renewal shall be for a period of one year. Thereafter, 69
license renewal periods shall be four years with the 70
applicable annual renewal fee paid for each year such 71
license is renewed. Annual license renewal fees for anyone 72
licensed pursuant to this subsection shall be as follows: 73
(a) Five thousand dollars for video lottery game 74
manufacturers and video lottery game distributors; 75
SB 850 7
(b) Five thousand dollars for video lottery game 76
operators; 77
(c) Fifty dollars for video lottery game handlers; and 78
(d) Five hundred dollars for each video lottery game 79
retailer's establishment. 80
(3) In addition to the license fees required in 81
subdivisions (1) and (2) of this subsection, video lottery 82
game operators shall pay the commission an annual license 83
fee of two hundred dollars for each video lottery game 84
terminal placed in service. Such video lottery game 85
terminal license shall be renewed each year and cost two 86
hundred dollars. A license issued under this subsection is 87
nontransferable. 88
(4) Nothing in this subsection shall be construed to 89
relieve the licensee of the affirmative duty to notify the 90
commission of any change relating to the status of the 91
license or to any other information contained in the 92
application materials on file with the commission. 93
4. No license shall be issued to any person, and no 94
person shall be allowed to serve as a sales agent, who has 95
been convicted of a felony or a crime involving illegal 96
gambling. 97
5. No license requirement, sticker fee, or tax shall 98
be imposed by any local jurisdiction upon a video lottery 99
game manufacturer, video lottery game distributor, video 100
lottery game operator, video lottery game retailer, video 101
lottery game handler, or video lottery game terminal or an 102
establishment relating to the operation of video lottery 103
games, video lottery game terminals, or associated equipment. 104
6. (1) Video lottery game terminals shall meet 105
independent testing standards approved by the commission, as 106
tested by one or more approved independent test labs, and be 107
SB 850 8
capable of randomly generating the outcome of video lottery 108
games approved by the commission. Video lottery game 109
terminals shall be capable of printing a ticket redeemable 110
for winning video lottery game plays. Such video lottery 111
game terminals shall be inspected and approved by the 112
commission prior to being sold, leased, or transferred. 113
(2) Licensed video lottery game manufacturers may buy, 114
sell, or lease new or refurbished video lottery game 115
terminals to and from licensed video lottery game 116
distributors. 117
(3) Licensed video lottery game distributors may buy, 118
sell, or lease new or refurbished video lottery game 119
terminals to or from licensed video lottery game 120
manufacturers or licensed video lottery game operators. 121
7. (1) Licensed video lottery game operators: 122
(a) May buy, lease, or rent video lottery game 123
terminals from licensed video lottery game manufacturers, 124
operators, or distributors; 125
(b) May handle, place, and service video lottery game 126
terminals; 127
(c) Shall connect such video lottery game terminals to 128
the centralized computer system approved by the commission; 129
and 130
(d) Shall pay winning tickets using a video lottery 131
game ticket redemption terminal. Such video lottery ticket 132
redemption terminal shall be located within the video 133
lottery game retailer's establishment in direct proximity of 134
where such video lottery games are offered. Video lottery 135
game operators shall pay the commission thirty-two percent 136
of any unclaimed cash prize associated with a winning ticket 137
that has not been redeemed within one year of issue. 138
SB 850 9
Rents or leases for video lottery game terminals shall be 139
written at a flat rate and shall not include revenue 140
splitting as a method used in the calculation of the lease 141
or rent. 142
(2) Licensed video lottery game operators and licensed 143
video lottery game retailers may enter into a written 144
agreement for the placement of video lottery game 145
terminals. The agreement shall be on a form approved by the 146
commission and shall specify a freely negotiated and agreed 147
upon division of adjusted gross receipts between the video 148
lottery game operator and the video lottery game retailer 149
after adjustments for taxes and administrative fees are 150
made. A video lottery game operator shall be responsible 151
for remitting to the commission and the video lottery game 152
retailer its share of adjusted gross receipts. Video 153
lottery game retailers that are also video lottery game 154
operators and licensed video lottery game operators that are 155
also video lottery game retailers shall only be required to 156
submit an agreement pursuant to this subdivision if the 157
ownership is not identical in both entities. Nothing in 158
this subdivision shall prohibit a licensed video lottery 159
game operator from entering into an agreement with a sales 160
agent for retailer agreements provided such agreement is in 161
writing and approved by the commission. No video lottery 162
game operator or its sales agents, employees, or affiliates 163
may offer, promise, or tender any property or personal 164
advantage to any employee or agent of any video lottery game 165
retailer with the intent to influence such video lottery 166
game retailer with respect to locating any video lottery 167
game terminal in the video lottery game retailer's 168
establishment. Video lottery game operators and video 169
lottery game retailers may allocate costs related to the 170
SB 850 10
operation, promotion, and maintenance of video lottery game 171
terminals in any manner that has been mutually agreed to. 172
An agreement for the placement of video lottery game 173
terminals, or any similar agreement, entered into prior to 174
the enactment of sections 313.425 to 313.435 shall be 175
invalid and unenforceable. Persons violating this 176
subdivision are subject to the loss or prohibition of their 177
video lottery game operator's license. 178
(3) Nothing in this section shall be construed to 179
prevent a video lottery game operator or a video lottery 180
game retailer from using a player rewards system as approved 181
by the commission. No player shall be required to enroll in 182
a rewards program offered by a video lottery game operator 183
or video lottery game retailer as a condition to play video 184
lottery games. 185
8. No licensed video lottery game operator shall: 186
(1) Offer video lottery gaming terminals that directly 187
dispense anything of value except for tickets for winning 188
plays. Tickets shall be dispensed by pressing the ticket 189
dispensing button on the video lottery gaming terminal at 190
the end of any video lottery game play. The ticket shall 191
indicate the total amount of video lottery game terminal 192
credits and the cash award, the time of day in a twenty-four- 193
hour format showing hours and minutes, the date, the 194
terminal serial number, the sequential number of the ticket, 195
and an encrypted validation number from which the validity 196
of the prize may be determined. The cost of the video 197
lottery game terminal credits shall be one cent, five cents, 198
ten cents, or twenty-five cents, and the maximum wager 199
played per video lottery game shall not exceed five 200
dollars. No cash award for the maximum wager played on any 201
SB 850 11
individual video lottery game shall exceed one thousand 202
dollars; 203
(2) Operate in a retail establishment that is not also 204
licensed to sell liquor; 205
(3) Operate more than five video lottery game 206
terminals at one video lottery game retailer establishment; 207
except if the establishment is a veterans' organization, 208
such establishment may operate up to ten video lottery game 209
terminals as approved by the commission; 210
(4) Allow video lottery games to be played at any time 211
when the video lottery game retailer's establishment is 212
closed for business. 213
9. (1) A person under twenty-one years of age shall 214
not play video lottery games, and such video lottery game 215
terminals shall be under the supervision of a person that is 216
at least twenty-one years of age to prevent persons under 217
twenty-one years of age from playing video lottery games. 218
Video lottery game terminals shall not be visible from areas 219
normally occupied by minors and shall be placed within the 220
unobstructed line of sight of the sales counter unless 221
placed in an enclosed or partially enclosed area that is 222
continually monitored by video surveillance. A warning sign 223
shall be posted in a conspicuous location where such video 224
lottery game terminals are located, containing in red 225
lettering at least one-half inch high on a white background 226
the following: 227
In addition to the placement and supervision requirements of 230
this subsection, a video lottery game operator shall provide 231
228
229
"YOU MUST BE AT LEAST 21 YEARS OF AGE TO PLAY VIDEO LOTTERY
GAMES"
SB 850 12
video surveillance in the immediate area of the video 232
lottery game retailer's establishment where video lottery 233
game terminals are located. Recorded video from such 234
surveillance system shall be made available to the 235
commission upon request and shall be reviewed by video 236
lottery game operators as reasonably and specifically 237
requested by the commission for any violation of law, rules, 238
or regulations governing the conduct of video lottery 239
games. A video lottery game operator that fails to review 240
such surveillance video and report any known violation of 241
law, rules, or regulations governing the conduct of video 242
lottery games in conformance with established commission 243
procedures may be subject to an administrative fine not to 244
exceed five thousand dollars. Any video lottery game 245
retailer that fails to report any known violation of law, 246
rules, or regulations governing the conduct of video lottery 247
games in conformance with established commission procedures 248
may be subject to an administrative fine not to exceed five 249
thousand dollars. In the event a video lottery game 250
operator or retailer is found to have knowingly committed a 251
violation governing the conduct of video lottery games, the 252
commission may impose an administrative fine not to exceed 253
five thousand dollars, suspend such operator's or retailer's 254
license for up to thirty days, or in the case of repeated 255
violations, revoke such operator's or retailer's license for 256
a period of one year. Any video lottery game operator or 257
retailer aggrieved by the commission's decision in any 258
disciplinary action that results in the suspension or 259
revocation of such operator's or retailer's video lottery 260
game license may appeal such decision by filing an action in 261
circuit court. The commission shall refer a violation of 262
the criminal code, with any evidence thereof, to the 263
SB 850 13
appropriate law enforcement officials. Video lottery game 264
retailers shall provide an intrusion detection system 265
capable of detecting unauthorized entrance of the video 266
lottery game retailer's establishment during nonbusiness 267
hours and shall report to the commission any unauthorized 268
entrance of the video lottery game retailer's 269
establishment. Such surveillance and intrusion detection 270
system shall meet specifications as defined by the 271
commission. 272
(2) A video lottery game operator shall post a sign in 273
a conspicuous location where such video lottery game 274
terminals are located, containing in red lettering at least 275
one-half inch high on a white background a telephone contact 276
number (1-888-BETSOFF) for the problem gambling helpline. 277
10. (1) Video lottery game operators shall pay the 278
commission thirty-six percent of the video lottery game 279
adjusted gross receipts, which shall be deposited in the 280
state lottery fund. The commission shall transfer the 281
amount received from the operator from the lottery fund to 282
the lottery proceeds fund after administrative expenses 283
equal to four percent of the video lottery game adjusted 284
gross receipts are paid to the municipality where a licensed 285
video lottery game retailer maintains an establishment 286
licensed for the operation of video lottery game terminals, 287
or if such licensed establishment is not located within the 288
corporate boundaries of a municipality, then the county 289
where such licensed establishment is located to reimburse 290
such municipality or county for administrative expenses, and 291
any administrative expenses for the commission that are not 292
covered by reimbursements from operators are deducted. Net 293
proceeds transferred to the lottery proceeds fund shall be 294
appropriated to public elementary and secondary education 295
SB 850 14
and public institutions of higher education with an emphasis 296
on programs to promote science, technology, engineering, and 297
mathematics (STEM) and programs to promote workforce 298
development. 299
(2) Video lottery game operators shall retain sixty- 300
four percent of the video lottery game adjusted gross 301
receipts, a portion of which shall be utilized to pay for 302
administrative expenses which shall include the cost of the 303
centralized computer system, which cost shall be paid by 304
video lottery game operators in proportion to the number of 305
video lottery game terminals operated and shall not be 306
apportioned by the video lottery game operator among video 307
lottery game retailers to which it provides operations. The 308
remainder, after the costs of the centralized computer 309
system are paid, shall be divided between the video lottery 310
game operator and video lottery game retailer as agreed to 311
by the video lottery game operator and video lottery game 312
retailer under the freely negotiated agreement made under 313
subdivision (2) of subsection 7 of this section, unless the 314
video lottery game operator and video lottery game retailer 315
share the same ownership. 316
11. All revenues received by the commission from 317
license fees and any reimbursements associated with the 318
administration of the provisions of sections 313.425 to 319
313.435, and all interest earned thereon, shall be 320
considered administrative expenses and shall be deposited in 321
the state lottery fund. Moneys deposited into the state 322
lottery fund from license fees and any reimbursements of 323
commission administrative expenses to administer sections 324
313.425 to 313.435 shall be considered administrative 325
expenses and shall not be considered net proceeds pursuant 326
to Article III, Section 39(b) of the Constitution of 327
SB 850 15
Missouri. Subject to appropriation, up to one percent of 328
such license fees and reimbursements deposited to the credit 329
of the state lottery fund may be deposited to the credit of 330
the compulsive gamblers fund created under section 313.842. 331
The remainder of the money deposited in the state lottery 332
fund from video lottery game license fees and any 333
reimbursements of commission administrative expenses to 334
enforce sections 313.425 to 313.435 shall, subject to 335
appropriation, be used for administrative expenses 336
associated with supervising and enforcing the provisions of 337
sections 313.425 to 313.435. Any amount of revenues from 338
video lottery game license fees and reimbursements of 339
commission administrative expenses not currently needed for 340
the supervising and enforcement of sections 313.425 to 341
313.435 shall be appropriated to the veterans' commission 342
capital improvement trust fund created in section 42.300. 343
12. The commission may contract with a state law 344
enforcement entity to assist in conducting investigations 345
into applicants for any video lottery game license and to 346
investigate violations by any video lottery game licensee of 347
any of the provisions of sections 313.425 to 313.435 or 348
state law regulating illegal gambling activities. A video 349
lottery game licensee suspected of a violation shall be 350
afforded an administrative hearing on the record and any 351
action taken to impose a fine on such licensee, or to 352
suspend or revoke the ability of a licensee to offer lottery 353
game products for sale, shall be appealed to the 354
commission. Any such administrative suspension or 355
revocation upheld by the commission may be appealed by the 356
video lottery game licensee in a state court of competent 357
jurisdiction. 358
SB 850 16
13. (1) Any person manufacturing, operating, 359
distributing, or in possession of a video lottery game 360
terminal not authorized by the commission under the 361
provisions of sections 313.425 to 313.435 as of August 28, 362
2026, shall become compliant with the provisions of sections 363
313.425 to 313.435 within one hundred twenty days of August 364
28, 2026. Any person failing to become compliant within the 365
following number of days shall be subject to the following 366
fines issued by the commission: 367
(a) Within one hundred twenty days, two hundred fifty 368
thousand dollars; 369
(b) Within two hundred forty days, five hundred 370
thousand dollars; 371
(c) Within three hundred sixty days, seven hundred 372
fifty thousand dollars; and 373
(d) Within four hundred eighty days, one million 374
dollars. 375
(2) In addition to the fines provided in subdivision 376
(1) of this subsection, any person failing to become 377
compliant after four hundred eighty days may be prosecuted 378
under the provisions of chapter 572. The commission shall 379
have the power to investigate suspected violations by any 380
video lottery game license holder and to refer any 381
violations or suspected violations to the appropriate law 382
enforcement authority. 383
14. The commission shall adopt rules for the 384
implementation of the video lottery game system authorized 385
under sections 313.425 to 313.435, including, but not 386
limited to, the placement of video lottery game terminals 387
within a retail establishment and for the active oversight 388
of the conduct of video lottery games. Any rule or portion 389
of a rule, as that term is defined in section 536.010 that 390
SB 850 17
is created under the authority delegated in this section 391
shall become effective only if it complies with and is 392
subject to all of the provisions of chapter 536 and, if 393
applicable, section 536.028. This section and chapter 536 394
are nonseverable and if any of the powers vested with the 395
general assembly pursuant to chapter 536 to review, to delay 396
the effective date, or to disapprove and annul a rule are 397
subsequently held unconstitutional, then the grant of 398
rulemaking authority and any rule proposed or adopted after 399
August 28, 2026, shall be invalid and void. 400
313.431. 1. In order to expedite the orderly 1
implementation of the video lottery game system authorized 2
under sections 313.425 to 313.435, the commission shall: 3
(1) Issue a request for proposal for the supply and 4
operation of a centralized computer system for video lottery 5
games within one hundred twenty days of the effective date 6
of this section; 7
(2) Make license applications for video lottery game 8
manufacturers, video lottery game distributors, video 9
lottery game operators, video lottery game retailers, and 10
video lottery game handlers available to applicants and 11
promulgate any emergency or regular rules and regulations 12
needed for the implementation of the video lottery system 13
authorized under sections 313.425 to 313.435 within one 14
hundred twenty days of the effective date of this section; 15
(3) Issue a provisional license to an applicant for a 16
video lottery game manufacturer's, video lottery game 17
distributor's, video lottery game operator's, video lottery 18
game retailer's, or video lottery game handler's license if 19
such applicant satisfies all of the following criteria to 20
the satisfaction of the commission: 21
(a) The applicant is current on all state taxes; 22
SB 850 18
(b) The applicant has submitted a complete application 23
for licensure as a licensed video lottery game manufacturer, 24
video lottery game distributor, video lottery game operator, 25
video lottery game retailer, or video lottery game handler, 26
which shall be submitted concurrently with the applicant's 27
request for a provisional license; 28
(c) The applicant has never been convicted of any 29
felony or gambling law violation in any jurisdiction; and 30
(d) The applicant for a video lottery game retailer's 31
license has been issued and holds a valid license to sell 32
liquor under chapter 311. 33
A provisional license shall be issued by the commission 34
within sixty days from the date on which the application was 35
first received unless the commission shows cause that the 36
license application is deficient or such applicant does not 37
meet the criteria for licensure. 38
2. The commission may issue provisional licenses prior 39
to the completion of a background check to an applicant that 40
is currently licensed under sections 313.200 to 313.435 or 41
sections 313.800 to 313.850; holds or is an affiliate of any 42
entity that holds a license in good standing from a 43
regulatory body of another state to operate, handle, or 44
maintain video gaming terminals or video lottery game 45
terminals that are substantially similar to video lottery 46
game terminals authorized under sections 313.425 to 313.435; 47
or if such person has been in the business of locating and 48
operating amusement games within this state continuously for 49
a period of five years. 50
3. A provisional license shall be valid until: 51
(1) The commission either approves or denies the 52
applicant's application for licensure; 53
SB 850 19
(2) The provisional license is terminated for a 54
violation of this section; or 55
(3) One calendar year has passed since the provisional 56
license was issued. 57
Nothing in this section shall prohibit an applicant for a 58
video lottery game manufacturer's, video lottery game 59
distributor's, video lottery game operator's, video lottery 60
game retailer's, or video lottery game handler's license 61
from applying for a renewal of the provisional license 62
issued under this section so long as the commission has not 63
made a final determination to award or deny the applicant a 64
license. 65
4. Each applicant shall attest by way of affidavit 66
under penalty of perjury that the applicant is not otherwise 67
prohibited from licensure according to the requirements of 68
this section. 69
5. All requests for provisional licensure under this 70
section shall include the following fee, which is in 71
addition to the applicable fee required for an application 72
for licensure and shall be retained by the commission: 73
(1) Five thousand dollars for a video lottery game 74
manufacturer and video lottery game distributor; 75
(2) Five thousand dollars for a video lottery game 76
operator; 77
(3) Five hundred dollars for a video lottery game 78
retailer's establishment; or 79
(4) One hundred dollars for a video lottery game 80
handler. 81
313.433. 1. Notwithstanding any other provision of 1
law to the contrary, participation by a person, firm, 2
corporation, or organization in any aspect of the state 3
SB 850 20
lottery under sections 313.425 to 313.435 shall not be 4
construed to be a lottery or gift enterprise in violation of 5
Section 39 of Article III of the Constitution of Missouri. 6
2. The sale of lottery tickets, shares, or lottery 7
game plays using a video lottery game terminal under 8
sections 313.425 to 313.435 shall not constitute a valid 9
reason to refuse to issue or renew or to revoke or suspend 10
any license or permit issued under the provisions of chapter 11
311. 12
313.435. A municipality may adopt an ordinance 1
prohibiting video lottery game terminals within the 2
corporate limits of such municipality within one hundred 3
twenty days from the effective date of this act. A county 4
commission may, for the unincorporated area of the county, 5
adopt an ordinance prohibiting video lottery game terminals 6
within the unincorporated area of the county within one 7
hundred twenty days from the effective date of this act. 8
The commission shall not license video lottery game 9
retailers within such area covered by such ordinance. Any 10
such municipality or county that has opted to prohibit the 11
use of video lottery game terminals to play video lottery 12
games may repeal such ordinance and upon such repeal, the 13
commission may license video lottery game retailers within 14
such municipality or county to conduct video lottery games. 15
✓