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SECOND REGULAR SESSION
SENATE BILL NO. 851
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MAY .
4409S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 313, RSMo, by adding thereto seven 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
seven new sections, to be known as sections 313.425, 313.427, 2
313.429, 313.431, 313.433, 313.435, and 313.440, to read as 3
follows:4
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
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(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
(3) "Establishment", any establishment registered to 13
do business in this state by a person licensed as a video 14
lottery game retailer that is or becomes licensed under 15
chapter 311 to sell liquor at retail, and that is one or 16
more of the following: 17
(a) A fraternal organization or veterans' organization 18
that maintains a license issued under chapter 311 to sell 19
intoxicating liquor, and that obtains and maintains a 20
license issued by the commission to offer lottery games 21
played on video lottery game terminals; 22
(b) A truck stop equipped for fueling commercial 23
vehicles, that has sold on average ten thousand gallons of 24
diesel or biodiesel fuel each month for the previous twelve 25
months or is projected to sell an average of ten thousand 26
gallons of diesel or biodiesel fuel each month for the next 27
twelve months, that is situated on more than two acres of 28
land adjacent to a major state or federal highway, that 29
maintains a license issued under chapter 311 to sell 30
intoxicating liquor, and that obtains and maintains a 31
license issued by the commission to offer lottery games 32
played on video lottery game terminals; 33
(c) A convenience store that has sold on average ten 34
thousand gallons of fuel each month for the previous twelve 35
months or is projected to sell an average of ten thousand 36
gallons of fuel each month for the next twelve months, that 37
maintains a license issued under chapter 311 to sell 38
intoxicating liquor, and that obtains and maintains a 39
license issued by the commission to offer lottery games 40
played on video lottery game terminals; 41
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(d) A bar, tavern, or restaurant that maintains a 42
license issued under chapter 311 to sell intoxicating 43
liquor, and that obtains and maintains a license issued by 44
the commission to offer lottery games played on video 45
lottery game terminals; 46
(e) A liquor store that maintains a license issued 47
under chapter 311 to sell intoxicating liquor, and that 48
obtains and maintains a license issued by the commission to 49
offer lottery games played on video lottery game terminals; 50
(f) A grocery store that maintains a license issued 51
under chapter 311 to sell intoxicating liquor, and that 52
obtains and maintains a license issued by the commission to 53
offer lottery games played on video lottery game terminals; 54
(4) "Fraternal organization", any organization within 55
this state operating under the lodge system which exists for 56
the common benefit, brotherhood, or other interest of its 57
members, except college fraternities and sororities, of 58
which no part of the net earnings inures to the benefit of 59
any private shareholder or any individual member of such 60
organization, which has been exempted from the payment of 61
federal income tax, and which derives its charter from a 62
national fraternal organization which regularly meets; 63
(5) "Veterans' organization", a post or organization 64
of veterans, or an auxiliary unit or society of, or a trust 65
or foundation for, any such post or organization organized 66
in the United States or any of its possessions in which at 67
least seventy-five percent of the members are veterans of 68
the United States Armed Forces and substantially all of the 69
other members are individuals who are veterans or are 70
cadets, or are spouses, widows, or widowers of war veterans 71
of such individuals, in which no part of the net earnings 72
inures to the benefit of any private shareholder or 73
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individual, and which has been exempted from payment of 74
federal income taxes; 75
(6) "Video lottery game", any lottery game approved by 76
the commission for play on a video lottery game terminal 77
using video lottery game terminal credits that have been 78
purchased with cash, cash equivalents, or by a winning video 79
lottery game terminal ticket; 80
(7) "Video lottery game adjusted gross receipts", the 81
total of cash or cash equivalents used for the play of a 82
video lottery game on a video lottery game terminal minus 83
cash or cash equivalent paid to players as a result of 84
playing video lottery games on a video lottery game terminal; 85
(8) "Video lottery game distributor", a person 86
licensed by the commission to buy, sell, lease, rent, 87
finance or otherwise provide, distribute, or service video 88
lottery game terminals or major parts and components of 89
video lottery game terminals, including used or refurbished 90
video lottery game terminals to and from licensed video 91
lottery game manufacturers and licensed video lottery game 92
operators; 93
(9) "Video lottery game handler", a person employed by 94
a licensed video lottery game operator to handle, place, 95
operate, and service video lottery game terminals and 96
associated equipment; 97
(10) "Video lottery game manufacturer", any person 98
that manufactures video lottery game terminals or major 99
parts and components for video lottery game terminals as 100
approved by the lottery commission; 101
(11) "Video lottery game operator", a person licensed 102
by the commission that owns, rents, or leases and services 103
or maintains video lottery game terminals for placement in 104
licensed video lottery game retailer establishments; 105
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(12) "Video lottery game retailer", a person meeting 106
the requirements of a lottery game retailer under section 107
313.260, possessing a video lottery game retailer's license, 108
and possessing a license to sell liquor, and with whom a 109
licensed video lottery game operator has contracted for the 110
placement of a video lottery game terminal or terminals, 111
provided the video lottery game retailer and video lottery 112
game operator do not have identical ownership; 113
(13) "Video lottery game terminal", a player-activated 114
terminal that exchanges coins, currency, tickets, ticket 115
vouchers, or other electronic payment methods approved by 116
the commission for video lottery game terminal credits used 117
to play video lottery games approved by the commission. 118
Such video lottery game terminals shall use a video display 119
and microprocessor capable of randomly generating the 120
outcome of video lottery games and be capable of printing a 121
ticket at the conclusion of any video lottery game play that 122
is redeemable at a video lottery game ticket redemption 123
terminal or reinserted into a video lottery game terminal 124
for video lottery game credit. All video lottery games 125
approved by the commission for play on a video lottery game 126
terminal shall have a minimum theoretical payout of eighty- 127
five percent; 128
(14) "Video lottery game terminal credit", one cent, 129
five cents, ten cents, or twenty-five cents either won or 130
purchased by a player on a video lottery game terminal that 131
is used to play video lottery games and that may be 132
converted into a video lottery game ticket; 133
(15) "Video lottery game ticket" or "ticket", a 134
document printed at the conclusion of any lottery game play 135
or group of plays on a video lottery game terminal that is 136
redeemable for cash utilizing a video lottery game ticket 137
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redemption terminal or that may be reinserted into a video 138
lottery game terminal in the establishment for which it was 139
issued for video lottery terminal game play credit; 140
(16) "Video lottery game ticket redemption terminal", 141
the collective hardware, software, communications 142
technology, and other ancillary equipment used to facilitate 143
the payment of tickets cashed out by players as a result of 144
playing a video lottery game terminal. 145
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
(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
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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; or 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. 36
3. (1) The video lottery game system authorized by 37
this section shall allow for multiple video lottery game 38
manufacturers, video lottery game distributors, and video 39
lottery game operators to encourage private sector 40
investment and job opportunities for Missouri citizens. 41
Video lottery game terminals shall be connected to a 42
centralized computer system developed or procured by the 43
commission. The commission shall provide licensed video 44
lottery game operators with the necessary protocols to 45
connect the operators' video lottery game terminal or 46
terminals to the centralized computer system after such 47
terminal or terminals have been approved by the commission. 48
No video lottery game terminal shall be placed in operation 49
without first connecting to the centralized computer system 50
after such terminal or terminals have been approved by the 51
commission. A vendor that provides the centralized computer 52
system authorized under this subsection shall not be 53
eligible to be licensed as a video lottery game operator or 54
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video lottery game retailer. The commission may impose an 55
initial nonrefundable license application fee as follows: 56
(a) For video lottery game manufacturers, video 57
lottery game distributors, and video lottery game operators, 58
no more than fifty thousand dollars; 59
(b) For video lottery game retailer establishments, no 60
more than five hundred dollars; or 61
(c) For video lottery game handlers, no more than one 62
hundred dollars. 63
(2) The initial license and first subsequent license 64
renewal shall be for a period of one year. Thereafter, 65
license renewal periods shall be four years with the 66
applicable annual renewal fee paid for each year such 67
license is renewed. Annual license renewal fees for anyone 68
licensed pursuant to this subsection shall be as follows: 69
(a) Five thousand dollars for video lottery game 70
manufacturers and video lottery game distributors; 71
(b) Five thousand dollars for video lottery game 72
operators; 73
(c) Fifty dollars for video lottery game handlers; and 74
(d) Five hundred dollars for each video lottery game 75
retailer's establishment. 76
(3) In addition to the license fees required in 77
subdivisions (1) and (2) of this subsection, video lottery 78
game operators shall pay the commission an annual license 79
fee of two hundred dollars for each video lottery game 80
terminal placed in service. Such video lottery game 81
terminal license shall be renewed each year and cost two 82
hundred dollars. A license issued under this subsection is 83
nontransferable. 84
(4) Nothing in this subsection shall be construed to 85
relieve the licensee of the affirmative duty to notify the 86
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commission of any change relating to the status of the 87
license or to any other information contained in the 88
application materials on file with the commission. 89
4. No license shall be issued to any person, and no 90
person shall be allowed to serve as a sales agent, who has 91
been convicted of a felony or a crime involving illegal 92
gambling. 93
5. No license requirement, sticker fee, or tax shall 94
be imposed by any local jurisdiction upon a video lottery 95
game manufacturer, video lottery game distributor, video 96
lottery game operator, video lottery game retailer, video 97
lottery game handler, or video lottery game terminal or an 98
establishment relating to the operation of video lottery 99
games, video lottery game terminals, or associated equipment. 100
6. (1) Video lottery game terminals shall meet 101
independent testing standards approved by the commission, as 102
tested by one or more approved independent test labs, and be 103
capable of randomly generating the outcome of video lottery 104
games approved by the commission. Video lottery game 105
terminals shall be capable of printing a ticket redeemable 106
for winning video lottery game plays. Such video lottery 107
game terminals shall be inspected and approved by the 108
commission prior to being sold, leased, or transferred. 109
(2) Licensed video lottery game manufacturers may buy, 110
sell, or lease new or refurbished video lottery game 111
terminals to and from licensed video lottery game 112
distributors. 113
(3) Licensed video lottery game distributors may buy, 114
sell, or lease new or refurbished video lottery game 115
terminals to or from licensed video lottery game 116
manufacturers or licensed video lottery game operators. 117
7. (1) Licensed video lottery game operators: 118
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(a) May buy, lease, or rent video lottery game 119
terminals from licensed video lottery game manufacturers, 120
operators, or distributors; 121
(b) May handle, place, and service video lottery game 122
terminals; 123
(c) Shall connect such video lottery game terminals to 124
the centralized computer system approved by the commission; 125
and 126
(d) Shall pay winning tickets using a video lottery 127
game ticket redemption terminal. Such video lottery ticket 128
redemption terminal shall be located within the video 129
lottery game retailer's establishment in direct proximity of 130
where such video lottery games are offered. Video lottery 131
game operators shall pay the commission thirty-two percent 132
of any unclaimed cash prize associated with a winning ticket 133
that has not been redeemed within one year of issue. 134
Rents or leases for video lottery game terminals shall be 135
written at a flat rate and shall not include revenue 136
splitting as a method used in the calculation of the lease 137
or rent. 138
(2) Licensed video lottery game operators and licensed 139
video lottery game retailers shall enter into a written 140
agreement for the placement of video lottery game 141
terminals. The agreement shall be on a form approved by the 142
commission and shall specify a freely negotiated and agreed 143
upon division of adjusted gross receipts between the video 144
lottery game operator and the video lottery game retailer 145
after adjustments for taxes and administrative fees are 146
made. A video lottery game operator shall be responsible 147
for remitting to the commission and the video lottery game 148
retailer its share of adjusted gross receipts. Video 149
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lottery game retailers that are also video lottery game 150
operators and licensed video lottery game operators that are 151
also video lottery game retailers shall only be required to 152
submit an agreement pursuant to this subdivision if the 153
ownership is not identical in both entities. Nothing in 154
this subdivision shall prohibit a licensed video lottery 155
game operator from entering into an agreement with a sales 156
agent for retailer agreements, provided such agreement is in 157
writing and approved by the commission. No video lottery 158
game operator or its sales agents, employees, or affiliates 159
may offer, promise, or tender any property or personal 160
advantage to any employee or agent of any video lottery game 161
retailer with the intent to influence such video lottery 162
game retailer with respect to locating any video gaming 163
terminal in the video lottery game retailer's 164
establishment. Video lottery game operators and video 165
lottery game retailers may allocate costs related to the 166
operation, promotion, and maintenance of video lottery game 167
terminals in any manner that has been mutually agreed to. 168
An agreement for the placement of video lottery game 169
terminals, or any similar agreement, entered into prior to 170
the enactment of sections 313.425 to 313.435 shall be 171
invalid and unenforceable. Persons violating this 172
subdivision are subject to the loss or prohibition of their 173
video lottery game operator's license. 174
(3) Nothing in this section shall be construed to 175
prevent a video lottery game operator or a video lottery 176
retailer from using a player rewards system as approved by 177
the commission. No player shall be required to enroll in a 178
rewards program offered by a video lottery game operator or 179
video lottery game retailer as a condition to play video 180
lottery games. 181
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8. No licensed video lottery game operator shall: 182
(1) Offer video lottery gaming terminals that directly 183
dispense anything of value except for tickets for winning 184
plays. Tickets shall be dispensed by pressing the ticket 185
dispensing button on the video lottery gaming terminal at 186
the end of any video lottery game play. The ticket shall 187
indicate the total amount of video lottery game terminal 188
credits and the cash award, the time of day in a twenty-four- 189
hour format showing hours and minutes, the date, the 190
terminal serial number, the sequential number of the ticket, 191
and an encrypted validation number from which the validity 192
of the prize may be determined. The cost of the video 193
lottery game terminal credits shall be one cent, five cents, 194
ten cents, or twenty-five cents, and the maximum wager 195
played per video lottery game shall not exceed five 196
dollars. No cash award for the maximum wager played on any 197
individual video lottery game shall exceed one thousand 198
dollars; 199
(2) Operate in a retail establishment that is not also 200
licensed to sell liquor, except if the business of the 201
establishment is a truck stop where any state or local 202
ordinance prohibits the sale of intoxicating liquor; 203
(3) Operate more than five video lottery game 204
terminals at one video lottery game retailer establishment; 205
except if the establishment is a veterans' organization, 206
fraternal organization, or truck stop, such establishment 207
may operate up to ten video lottery game terminals as 208
approved by the commission; 209
(4) Allow video lottery games to be played at any time 210
when the video lottery game retailer's establishment is 211
closed for business. 212
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9. (1) A person under twenty-one years of age shall 213
not play video lottery games, and such video lottery game 214
terminals shall be under the supervision of a person that is 215
at least twenty-one years of age to prevent persons under 216
twenty-one years of age from playing video lottery games. 217
Video lottery game terminals shall not be visible from areas 218
normally occupied by minors and shall be placed within the 219
unobstructed line of sight of the sales counter unless 220
placed in an enclosed or partially enclosed area that is 221
continually monitored by video surveillance. A warning sign 222
shall be posted in a conspicuous location where such video 223
lottery game terminals are located, containing in red 224
lettering at least one-half inch high on a white background 225
the following: 226
In addition to the placement and supervision requirements of 229
this subsection, a video lottery game operator shall provide 230
video surveillance in the immediate area of the video 231
lottery game retailer's establishment where video lottery 232
game terminals are located. Recorded video from such 233
surveillance system shall be made available to the 234
commission upon request and shall be reviewed by video 235
lottery game operators as reasonably and specifically 236
requested by the commission for any violation of law, rules, 237
or regulations governing the conduct of video lottery 238
games. A video lottery game operator that fails to review 239
such surveillance video and report any known violation of 240
law, rules, or regulations governing the conduct of video 241
lottery games in conformance with established commission 242
227
228
"YOU MUST BE AT LEAST 21 YEARS OF AGE TO PLAY VIDEO
LOTTERY GAMES"
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procedures may be subject to an administrative fine not to 243
exceed five thousand dollars. Any video lottery game 244
retailer that fails to report any known violation of law, 245
rules, or regulations governing the conduct of video lottery 246
games in conformance with established commission procedures 247
may be subject to an administrative fine not to exceed five 248
thousand dollars. In the event a video lottery game 249
operator or retailer is found to have knowingly committed a 250
violation governing the conduct of video lottery games, the 251
commission may impose an administrative fine not to exceed 252
five thousand dollars, suspend such operator's or retailer's 253
license for up to thirty days, or in the case of repeated 254
violations revoke such operator's or retailer's license for 255
a period of one year. Any video lottery game operator or 256
retailer aggrieved by the commission's decision in any 257
disciplinary action that results in the suspension or 258
revocation of such operator's or retailer's video lottery 259
game license may appeal such decision by filing an action in 260
circuit court. The commission shall refer a violation of 261
the criminal code, with any evidence thereof, to the 262
appropriate law enforcement officials. Video lottery game 263
retailers shall provide an intrusion detection system 264
capable of detecting unauthorized entrance of the video 265
lottery game retailer's establishment during nonbusiness 266
hours and shall report to the commission any unauthorized 267
entrance of the video lottery game retailer's 268
establishment. Such surveillance and intrusion detection 269
system shall meet specifications as defined by the 270
commission. 271
(2) A video lottery game operator shall post a sign in 272
a conspicuous location where such video lottery game 273
terminals are located, containing in red lettering at least 274
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one-half inch high on a white background a telephone contact 275
number (1-888-BETSOFF) for the problem gambling helpline. 276
10. (1) Video lottery game operators shall pay the 277
commission thirty-six percent of the video lottery game 278
adjusted gross receipts, which shall be deposited in the 279
state lottery fund. The commission shall transfer the 280
amount received from the operator from the lottery fund to 281
the lottery proceeds fund after administrative expenses 282
equal to four percent of the video lottery game adjusted 283
gross receipts are paid to the municipality where a licensed 284
video lottery game retailer maintains an establishment 285
licensed for the operation of video lottery game terminals, 286
or if such licensed establishment is not located within the 287
corporate boundaries of a municipality, then the county 288
where such licensed establishment is located to reimburse 289
such municipality or county for administrative expenses, and 290
any administrative expenses for the commission that are not 291
covered by reimbursements from operators are deducted. Net 292
proceeds transferred to the lottery proceeds fund shall be 293
appropriated to public elementary and secondary education 294
and public institutions of higher education with an emphasis 295
on programs to promote science, technology, engineering, and 296
mathematics (STEM) and programs to promote workforce 297
development. 298
(2) Video lottery game operators shall retain sixty- 299
four percent of the video lottery game adjusted gross 300
receipts, a portion of which shall be utilized to pay for 301
administrative expenses which shall include the cost of the 302
centralized computer system, which cost shall be paid by 303
video lottery game operators in proportion to the number of 304
video lottery game terminals operated and shall not be 305
apportioned by the video lottery game operator among video 306
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lottery game retailers to which it provides operations. The 307
remainder, after the costs of the centralized computer 308
system are paid, shall be divided between the video lottery 309
game operator and video lottery game retailer as agreed to 310
by the video lottery game operator and video lottery game 311
retailer under the freely negotiated agreement made under 312
subdivision (2) of subsection 7 of this section, unless the 313
video lottery game operator and video lottery game retailer 314
share the same ownership. 315
11. All revenues received by the commission from 316
license fees and any reimbursements associated with the 317
administration of the provisions of sections 313.425 to 318
313.435, and all interest earned thereon, shall be 319
considered administrative expenses and shall be deposited in 320
the state lottery fund. Moneys deposited into the state 321
lottery fund from license fees and any reimbursements of 322
commission administrative expenses to administer sections 323
313.425 to 313.435 shall be considered administrative 324
expenses and shall not be considered net proceeds pursuant 325
to Article III, Section 39(b) of the Constitution of 326
Missouri. Subject to appropriation, up to one percent of 327
such license fees and reimbursements deposited to the credit 328
of the state lottery fund may be deposited to the credit of 329
the compulsive gamblers fund created under section 313.842. 330
The remainder of the money deposited in the state lottery 331
fund from video lottery game license fees and any 332
reimbursements of commission administrative expenses to 333
enforce sections 313.425 to 313.435 shall, subject to 334
appropriation, be used for administrative expenses 335
associated with supervising and enforcing the provisions of 336
sections 313.425 to 313.435. 337
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12. The commission may contract with a state law 338
enforcement entity to assist in conducting investigations 339
into applicants for any video lottery game license and to 340
investigate violations by any video lottery game licensee of 341
any of the provisions of sections 313.425 to 313.435 or 342
state law regulating illegal gambling activities. A video 343
lottery game licensee suspected of a violation shall be 344
afforded an administrative hearing on the record, and any 345
action taken to impose a fine on such licensee, or to 346
suspend or revoke the ability of a licensee to offer lottery 347
game products for sale, shall be appealed to the 348
commission. Any such administrative suspension or 349
revocation upheld by the commission may be appealed by the 350
video lottery game licensee in a state court of competent 351
jurisdiction. 352
13. The possession or use of any video lottery game 353
terminal not authorized by the commission under the 354
provisions of sections 313.425 to 313.435 may be prosecuted 355
under the provisions of chapter 572. The commission shall 356
have the power to investigate suspected violations by any 357
video lottery license holder and to refer any violations or 358
suspected violations to the appropriate law enforcement 359
authority. 360
14. The commission shall adopt rules for the 361
implementation of the video lottery game system authorized 362
under sections 313.425 to 313.435, including, but not 363
limited to, the placement of video lottery terminals within 364
a retail establishment and for the active oversight of the 365
conduct of video lottery games. Any rule or portion of a 366
rule, as that term is defined in section 536.010 that is 367
created under the authority delegated in this section shall 368
become effective only if it complies with and is subject to 369
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all of the provisions of chapter 536 and, if applicable, 370
section 536.028. This section and chapter 536 are 371
nonseverable and if any of the powers vested with the 372
general assembly pursuant to chapter 536 to review, to delay 373
the effective date, or to disapprove and annul a rule are 374
subsequently held unconstitutional, then the grant of 375
rulemaking authority and any rule proposed or adopted after 376
August 28, 2026, shall be invalid and void. 377
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
(b) The applicant has submitted a complete application 23
for licensure as a licensed video lottery game manufacturer, 24
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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
(2) The provisional license is terminated for a 54
violation of this section; or 55
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(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
lottery under sections 313.425 to 313.435 shall not be 4
SB 851 21
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
313.440. Notwithstanding any other provision of law to 1
the contrary, the commission may incur fees when accepting 2
debit cards or other electronic payment methods, except 3
credit cards, for the sale of lottery game plays. 4
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