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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 862
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BEAN.
5587S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 43.050, 313.820, 572.010, 572.020, 572.070, and 572.100, RSMo, and to enact
in lieu thereof twenty-three new sections relating to gaming, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 43.050, 313.820, 572.010, 572.020, 1
572.070, and 572.100, RSMo, are repealed and twenty -three new 2
sections enacted in lieu thereof, to be known as sections 3
27.180, 43.050, 313.425, 313.427, 313.429, 313.431, 313.433, 4
313.435, 313.437, 313.438, 313.439, 313.440, 313.441, 313.442, 5
313.443, 313.444, 313.445, 313.820, 572.010, 572.020, 572.070, 6
572.100, and 650.930, to read as follows:7
27.180. There is hereby created in the state treasury 1
the "Illegal Gaming Enforcement Fund", which shall consist 2
of moneys received by the state treasury pursuant to 3
subdivision (3) of subsection 3 of section 313.429 or other 4
funds so appropriated. The state treasurer shall be 5
custodian of the fund. In accordance with sections 30.170 6
and 30.180, the state treasurer may approve disbursements. 7
Moneys in the fund shall be used by the attorney general, 8
prosecutors, and law enforcement to investigate, enforce, 9
charge, and prosecute violations of chapter 572. 10
Notwithstanding the provisions of section 33.080 to the 11
contrary, any moneys remaining in the fund at the end of the 12
biennium shall not revert to the credit of the general 13
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revenue fund. The state treasurer shall invest moneys in 14
the fund in the same manner as other funds are invested. 15
Any interest and moneys earned on such investments shall be 16
credited to the fund. 17
43.050. 1. The superintendent may appoint not more 1
than thirty-four captains and one director of radio, each of 2
whom shall have the same qualifications as the 3
superintendent, nor more than sixty-eight lieutenants, and 4
such additional force of sergeants, corporals and patrolmen, 5
so that the total number of members of the patrol shall not 6
exceed one thousand sixty-four officers and patrolmen and 7
such numbers of radio personnel as the superintendent deems 8
necessary. 9
2. In case of a national emergency the superintendent 10
may name additional patrolmen and radio personnel in a 11
number sufficient to replace, temporarily, patrolmen and 12
radio personnel called into military services. 13
3. The superintendent may enter into an agreement with 14
the Missouri gaming commission to enforce any law, rule, or 15
regulation, conduct background investigations under the laws 16
of this state, and enforce the regulations of licensed 17
gaming activities governed by chapter 313. A notice of 18
either party to terminate or modify the provisions of such 19
agreement shall be in writing and executed not less than one 20
year from the effective date of the termination or 21
modification, unless mutually agreed upon by the 22
superintendent and the Missouri gaming commission. Members 23
of the patrol hired in conjunction with any agreement with 24
the Missouri gaming commission shall not be subject to the 25
personnel cap referenced in subsection 1 of this section. 26
If such agreement is subsequently terminated or modified to 27
reduce the number of personnel used in such agreement, those 28
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members affected by such termination or modification shall 29
not be subject to the personnel cap referenced in subsection 30
1 of this section for a period of five years. 31
4. The superintendent may enter into an agreement with 32
the Missouri lottery commission to enforce any law, rule, or 33
regulation, conduct background investigations under the laws 34
of this state, and enforce the regulations of licensed 35
lottery activities governed by chapter 313. A notice of 36
either party to terminate or modify the provisions of such 37
agreement shall be in writing and executed not less than one 38
year from the effective date of the termination or 39
modification, unless mutually agreed upon by the 40
superintendent and the Missouri lottery commission. Members 41
of the patrol hired in conjunction with any agreement with 42
the Missouri lottery commission shall not be subject to the 43
personnel cap referenced in subsection 1 of this section. 44
If such agreement is subsequently terminated or modified to 45
reduce the number of personnel used in such agreement, those 46
members affected by such termination or modification shall 47
not be subject to the personnel cap referenced in subsection 48
1 of this section for a period of five years. 49
5. Member positions of the patrol originally acquired 50
in conjunction with the community-oriented policing services 51
federal grant or members assigned to fulfill the duties 52
established in sections 43.350 to 43.380 shall not be 53
subject to the personnel cap referenced in subsection 1 of 54
this section. 55
[5.] 6. Applicants shall not be discriminated against 56
because of race, creed, color, national origin or sex. 57
313.425. Sections 313.425 to 313.445 shall be known 1
and may be cited as the "Missouri Video Lottery Regulatory 2
Act" and shall provide additional funding for Missouri 3
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education programs and additional resources for Missouri 4
municipalities and counties by establishing a licensing and 5
regulatory framework for a system of video lottery game 6
terminals to conduct video lottery games. 7
313.427. As used in sections 313.425 to 313.445, the 1
following terms shall mean: 2
(1) "Adjusted gross gaming revenue", the amount of 3
revenue generated by a video lottery game terminal that is 4
remaining after: 5
(a) Payment of winnings to players; and 6
(b) Deduction by the commission of that amount 7
necessary to pay direct administrative costs for the 8
operation of the central control system, but before 9
deduction of the adjusted gross gaming revenue tax; 10
(2) "Adjusted gross gaming revenue tax", a tax of 11
thirty-one percent imposed on adjusted gross gaming revenue; 12
(3) "Central control system", a computer system 13
developed or procured by the commission that connects all 14
video lottery game terminals, redemption terminals, and 15
other necessary equipment using standard industry protocols 16
capable of monitoring activity on a video lottery game 17
terminal, redemption terminal, and other necessary 18
equipment, and that can activate or deactivate a video 19
lottery gaming terminal; 20
(4) "Commission" or "lottery commission", the state 21
lottery commission appointed by the governor to manage and 22
oversee the lottery under section 313.215; 23
(5) "Department", the Missouri department of revenue; 24
(6) "Municipality and county administration tax", a 25
tax of three percent imposed on adjusted gross gaming 26
revenue; 27
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(7) "Net terminal income", the amount of adjusted 28
gross gaming revenue remaining after deduction of the gross 29
gaming revenue tax and municipality and county 30
administration tax, which shall be divided equally between 31
the video lottery game operator and the video lottery game 32
retailer; 33
(8) "Person", an individual, partnership, corporation, 34
or limited liability company; 35
(9) "Use agreement", a contract executed by and 36
between a video lottery game operator and a video lottery 37
game retailer, approved by the commission containing minimum 38
terms and conditions determined by the commission 39
establishing the right of the video lottery game operator to 40
place and operate video lottery game terminals on the 41
premises of a video lottery game retailer; 42
(10) "Video lottery game", any game approved by the 43
commission for play on a video lottery game terminal; 44
(11) "Video lottery game distributor", a person 45
licensed by the commission who distributes video lottery 46
games, video lottery game terminals, redemption terminals, 47
ancillary equipment, or parts and components for video 48
lottery gaming terminals approved by the commission for sale 49
to video lottery game distributors or video lottery game 50
operators; 51
(12) "Video lottery game handler", a person licensed 52
by the commission and employed by a video lottery game 53
operator to handle, place, operate, and service video 54
lottery game terminals, redemption terminals, and ancillary 55
equipment; 56
(13) "Video lottery game manufacturer", a person 57
licensed by the commission who manufactures video lottery 58
games, video lottery game terminals, redemption terminals, 59
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ancillary equipment, or parts and components for video 60
lottery game terminals or video lottery games approved by 61
the commission for sale to video lottery game operators; 62
(14) "Video lottery game operator", a person licensed 63
by the commission who owns, rents, or leases video lottery 64
games and video lottery game terminals for placement and 65
operation at the business premises of a licensed video 66
lottery game retailer; 67
(15) "Video lottery game redemption terminal" or 68
"redemption terminal", the collective hardware, software, 69
and other ancillary equipment approved by the commission 70
used to redeem a video lottery game ticket for cash; 71
(16) "Video lottery game retailer", a person licensed 72
by the commission to enter into use agreements with video 73
lottery game operators for the placement of video lottery 74
game terminals at the business premises of the licensed 75
video lottery game retailer who meets the requirements of a 76
lottery game retailer under section 313.260. No person with 77
a primary purpose of providing entertainment, activities, or 78
educational services to anyone under the age of twenty-one 79
shall be licensed as a video lottery game retailer; 80
(17) "Video lottery game terminal", any device that, 81
through an electronic, mechanical, or electromechanical 82
process, including through the use of any application, 83
software, or other system that accepts legal tender, credits 84
or tickets, or forms of digital currency to play, and 85
through which is used to generate a prize of money or form 86
of credit that can be redeemed for money or another form of 87
monetary payment that is presented to the player by a set or 88
combination of alphanumeric symbols or lines of symbols that 89
determine the amount of the prize, regardless of the 90
operating system that determined the prize. Electronic 91
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gaming machines, with the exception of those operated under 92
section 313.800, shall be regulated by the commission. All 93
other forms of electronic gaming machines that are not 94
regulated by the commission or bear the commission's seal 95
are not legal under the definition of a slot machine in 96
section 572.010; 97
(18) "Video lottery game terminal credit", credits 98
either purchased or won on a video lottery game terminal 99
that may be used to play video lottery games or be converted 100
into a video lottery game ticket; 101
(19) "Video lottery game ticket", a document printed 102
or provided electronically by a video lottery game terminal 103
at the conclusion of any video lottery game play or series 104
of plays that may be redeemed for cash at a redemption 105
terminal located on the premises of the video lottery game 106
retailer, or that may be reinserted into a video lottery 107
game terminal for video lottery game play on the premises of 108
the video lottery game retailer where such ticket was issued. 109
313.429. 1. (1) The commission shall implement a 1
system of video lottery game terminals and issue licenses to 2
video lottery game manufacturers, video lottery game 3
distributors, video lottery game operators, video lottery 4
game handlers, and video lottery game retailers; provided, 5
however, that: 6
(a) No person licensed as a video lottery game 7
manufacturer or a video lottery game distributor shall be 8
issued a license as a video lottery game operator or video 9
lottery game retailer; 10
(b) No person licensed as a video lottery game 11
operator shall be issued a license as a video lottery game 12
manufacturer, video lottery game distributor, or video 13
lottery game retailer; 14
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(c) No person licensed as a video lottery game 15
retailer shall be issued a license as a video lottery game 16
manufacturer, video lottery game distributor, or video 17
lottery game operator. 18
(2) Nothing in this subsection shall prevent a video 19
lottery game manufacturer or a video lottery gaming 20
distributor from being licensed as both a video lottery game 21
manufacturer and a video lottery game distributor. Nothing 22
in this subsection shall prevent a video lottery game 23
manufacturer or a video lottery game distributor from 24
contracting with the commission to provide or operate the 25
central control system. 26
(3) The commission shall not authorize or allow a 27
single video lottery game manufacturer or video lottery game 28
distributor as the sole or exclusive manufacturer or 29
distributor of video lottery game terminals, video lottery 30
games, or redemption terminals in Missouri. 31
(4) The commission shall ensure that the video lottery 32
game system authorized by sections 313.425 to 313.437 shall 33
allow for multiple video lottery game manufacturers, video 34
lottery game distributors, video lottery game operators, and 35
video lottery game retailers to encourage private sector 36
investment and job opportunities for Missouri citizens. 37
2. Video lottery game terminals and video lottery 38
games shall meet independent testing standards approved by 39
the commission, as tested by one or more licensed 40
independent test labs. The commission shall promulgate 41
rules for minimum standards for video lottery game 42
terminals, video lottery games, and redemption terminals. 43
Such minimum standards shall include: 44
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(1) Video lottery game terminals shall conform to all 45
requirements of federal law and regulations, including FCC 46
Class A Emission Standards; 47
(2) Video lottery game terminals and video lottery 48
games shall theoretically pay out a mathematically 49
demonstrable percentage during the expected lifetime of the 50
terminal of all amounts played, which shall not be less than 51
eighty percent. The commission shall establish a maximum 52
payout percentage for approved models by rule. Video 53
lottery game terminals that may be affected by skill shall 54
meet this standard when using a method of play that will 55
provide the greatest return to the player over a period of 56
continuous play; 57
(3) Video lottery game terminals shall use a random 58
number generator computer, software, or similar random 59
selection process to generate and produce an independent and 60
random outcome of each play of a video lottery game. The 61
random selection process shall meet ninety-nine percent 62
confidence limits using a standard chi-squared test for 63
goodness of fit; 64
(4) Video lottery game terminals shall display an 65
accurate representation of the video lottery game outcome; 66
(5) Video lottery game terminals shall not 67
automatically alter pay tables or any function of the video 68
lottery game terminal based on internal computation of hold 69
percentage or have any means of manipulation that affects 70
the random selection process or probabilities of winning a 71
game; 72
(6) Video lottery game terminals shall not be 73
adversely affected by static discharge or other 74
electromagnetic interference; 75
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(7) Video lottery game terminals shall, while in an 76
idle state or on demand, be capable of detecting and 77
displaying "power reset", "door open", and "door just 78
closed"; 79
(8) Video lottery game terminals shall have the 80
capacity to display complete play history including, but not 81
limited to, outcome, intermediate play steps, credits 82
available, bets placed, credits paid, and credits cashed 83
out, for the most recent game played and ten games played 84
immediately prior thereto; 85
(9) The theoretical payback percentage of a video 86
lottery game terminal shall not be capable of being changed 87
without making a hardware or software change in the video 88
lottery game terminal, either on site or through the central 89
control system; 90
(10) Video lottery game terminals shall be designed so 91
that replacement of parts or modules required for normal 92
maintenance does not necessitate replacement of the 93
electromechanical meters; 94
(11) Video lottery game terminals shall have one or 95
more mechanisms that accept cash in the form of bills and 96
accepting tickets. The mechanisms shall be designed to 97
prevent obtaining credits without paying by stringing, 98
slamming, drilling, or other means. If such attempts at 99
physical tampering are made, the video lottery game terminal 100
shall suspend itself from operating until reset; 101
(12) Video lottery game terminals shall have 102
accounting software that keeps an electronic record of 103
information including, but not limited to, total cash 104
inserted, value of winning tickets claimed by players, total 105
credits played, total credits awarded by a video lottery 106
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game terminal, and payback percentage credited to players of 107
each video lottery game; 108
(13) Video lottery game terminals shall be capable of 109
issuing and accepting tickets for play, commonly known as 110
"ticket-in ticket-out". Video lottery game terminals shall 111
not directly dispense anything of value except for tickets 112
representing credits purchased or won on a video lottery 113
game terminal. The ticket shall indicate the total amount 114
of award, the time of day in a twenty-four-hour format 115
showing hours and minutes, the date, the video lottery game 116
terminal serial number, the sequential number of the ticket, 117
and an encrypted validation number from which the validity 118
of the prize may be determined; 119
(14) Video lottery game terminals and redemption 120
terminals shall be connected to the central control system 121
approved by the commission. The commission shall provide 122
licensed video lottery game operators with the necessary 123
protocols to connect video lottery game terminals to the 124
central control system after such video lottery game 125
terminals have been approved by the commission. No video 126
lottery game terminal shall be placed in operation without 127
first connecting to the central control system and shall 128
remain connected to the central control system at all times 129
a video lottery game terminal is made available for play; and 130
(15) The commission shall adopt rules to identify the 131
location, by municipality and county, of each video lottery 132
game terminal being operated in the state and connected to 133
the central control system. The commission shall adopt 134
rules to maintain a current list of such information, and 135
shall provide said list to the department of revenue to 136
ensure accurate taxation and reporting. 137
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3. (1) The commission shall impose an initial 138
nonrefundable administrative license application fee that 139
shall be submitted when the application is filed and 140
deposited in the state lottery fund as follows: 141
(a) For video lottery game manufacturers and video 142
lottery game distributors, twenty-five thousand dollars; 143
(b) For video lottery game operators, one hundred 144
thousand dollars; 145
(c) For video lottery game retailer establishments, 146
one thousand dollars for each video lottery game retailer 147
establishment; and 148
(d) For video lottery game handlers, one hundred 149
dollars. 150
(2) The initial license shall be for a period of one 151
year. Thereafter, renewals of such license shall be for a 152
period of four years. Subsequent to the initial one-year 153
period, anyone licensed pursuant to this subsection shall 154
submit an annual nonrefundable fee to be deposited in the 155
state lottery fund. Such fee shall be paid as follows: 156
(a) Five thousand dollars for video lottery game 157
manufacturers and video lottery game distributors; 158
(b) Fifty thousand dollars for video lottery game 159
operators; 160
(c) One hundred dollars for video lottery game 161
handlers; and 162
(d) One thousand dollars for each establishment owned 163
and operated by a video lottery game retailer. 164
(3) In addition to any other fees imposed by sections 165
313.425 to 313.445, an annual nonrefundable administrative 166
fee of one thousand dollars shall be paid to the department 167
for each video lottery game terminal placed in service, and 168
shall be deemed an administrative fee on the device itself 169
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and not on the operation or play thereof. Such annual 170
administrative fee shall be equally divided and paid by the 171
video lottery game operator and the video lottery game 172
retailer to the department once per year. The department 173
shall remit two hundred dollars of the fee to the 174
commission, which shall deposit such fee in the state 175
lottery fund. The remaining eight hundred dollars of such 176
fee shall be remitted to the illegal gaming enforcement 177
fund, which the state treasurer shall pay as follows: 178
(a) One hundred dollars shall be transmitted to the 179
Missouri state highway patrol for use in investigations and 180
enforcement of sections 313.425 to 313.445; 181
(b) Fifty dollars shall be transmitted to the Missouri 182
attorney general's office for use in illegal gambling 183
enforcement; 184
(c) Fifty dollars shall be transmitted to the Missouri 185
prosecutors pension fund; 186
(d) Four hundred dollars shall be transmitted to the 187
Missouri veterans commission; and 188
(e) Two hundred dollars shall be transmitted to the 189
municipality in which the video lottery game terminal is 190
located, except that if a video lottery game terminal is 191
located in an unincorporated area of a county, the two 192
hundred dollars shall be transmitted to the county in which 193
the video lottery game terminal is located. 194
(4) No license shall be issued to any person who has 195
been convicted of a felony or any crime involving illegal 196
gambling. 197
(5) A licensee shall notify the commission of any 198
change relating to the status of its license or any other 199
information contained in the application materials on file 200
with the commission. 201
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4. Licensed video lottery game operators and licensed 202
video lottery game retailers shall enter into a use 203
agreement for the placement of video lottery game 204
terminals. The video lottery game operator shall provide a 205
true and accurate copy of the executed use agreement to the 206
video lottery game retailer within ten days after execution 207
of the use agreement by the parties. The use agreement 208
shall be on a form approved by the commission. The use 209
agreement shall contain commercially reasonable terms 210
including, but not limited to, the following minimum 211
requirements: 212
(1) An equal division of net terminal income between a 213
video lottery game operator and video lottery game retailer; 214
(2) A requirement that the video lottery game operator 215
is to be responsible for collection, remittance, and 216
disbursement of gross gaming revenue, gross gaming revenue 217
tax, and net terminal income; 218
(3) An affirmative statement that no inducement was 219
offered, proposed, or accepted by either the video lottery 220
game operator or the video lottery game retailer regarding 221
the placement or operation of video lottery game terminals 222
at the premises of the video lottery game retailer; 223
(4) An indemnity and hold harmless provision on behalf 224
of the state, the commission, and its agents relative to any 225
cause of action arising out of the use agreement between a 226
video lottery game operator and a video lottery game 227
retailer; 228
(5) A prohibition on the assignment of the agreement 229
from or to any person except from a video lottery game 230
operator to another video lottery game operator or from a 231
video lottery game retailer to another video lottery game 232
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retailer, and providing that all use agreements shall be 233
otherwise freely assignable; 234
(6) A release of the video lottery game retailer from 235
any continuing contractual obligation to the video lottery 236
game operator if the video lottery game operator has its 237
license revoked or denied, has its renewal denied, or 238
surrenders its license; 239
(7) A provision that the parties agree to modify the 240
agreement to the extent necessary to comply with a change in 241
Missouri law or commission rules; 242
(8) A term not to exceed five years and shall not 243
contain any automatic renewal or extension of any such term; 244
and 245
(9) Provisions approved by the commission. 246
5. No video lottery game retailer shall enter into a 247
use agreement with more than one video lottery game operator 248
at any time. Only upon termination of a use agreement with 249
a video lottery game operator may a video lottery game 250
retailer enter into a new use agreement with a different 251
video lottery game operator. 252
6. All licensees shall remain subject to all income 253
taxes, sales taxes, and use taxes lawfully assessed by this 254
state, or any municipality, county, or other political 255
subdivision of this state; provided, however, that a 256
municipality, county, or other political subdivision of this 257
state shall not impose, levy, collect, or assess any license 258
requirement, tax, or fee including, but not limited to, any 259
permit tax or fee, sticker fee, occupation tax or fee, 260
amusement tax or fee, or taxes or fees upon the play, use, 261
ownership, lease, placement, operation, repair, service, 262
transportation, or storage of any video lottery game 263
terminal, video lottery game, video lottery game 264
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manufacturer, video lottery game distributor, video lottery 265
game operator, or video lottery game retailer. 266
7. (1) Video lottery game terminals shall be 267
inspected and approved by the commission prior to being 268
sold, leased, or transferred. 269
(2) Video lottery game manufacturers and video lottery 270
game distributors may buy, sell, or lease new or refurbished 271
video lottery game terminals to and from video lottery game 272
manufacturers, video lottery game distributors, and video 273
lottery game operators. 274
(3) Redemption terminals shall meet independent 275
testing standards approved by the commission. The 276
commission may approve redemption terminals that have been 277
approved by another state for operation for use as part of 278
that state's video lottery game system or similar system. 279
8. (1) Licensed video lottery game operators: 280
(a) May buy, lease, or rent video lottery game 281
terminals from licensed video lottery game manufacturers or 282
distributors; 283
(b) May handle, place, service, and maintain video 284
lottery game terminals; and 285
(c) Shall connect all video lottery game terminals to 286
the central control system approved by the commission. 287
(2) All video lottery game tickets shall be redeemed 288
using a redemption terminal. Such redemption terminal shall 289
be located within a video lottery game retailer's 290
establishment in direct proximity to such video lottery game 291
terminals. Video lottery game operators shall pay the 292
commission thirty-two percent of any unclaimed cash prize 293
associated with each video lottery game ticket that has not 294
been redeemed within one hundred eighty days of issuance. 295
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(3) A video lottery game operator shall not, directly 296
or indirectly, lease real estate to a video lottery game 297
retailer. No lease of real property to a video lottery game 298
retailer may contain a provision requiring any sharing or 299
splitting of net terminal income between the lessor and the 300
lessee, or any method of rent calculation using a percentage 301
of net terminal income, or any other similar provision or 302
method for the determination or calculation of any rent, 303
concession, or other charge by a lessor to a lessee. Video 304
lottery game retailers shall submit true, accurate, and 305
complete leases or similar agreements regarding the premises 306
of the video lottery game retailer to the commission with 307
their license application and annual license renewal 308
application. 309
(4) Only a video lottery game operator or an 310
operator's employee may negotiate and enter into a use 311
agreement with a video lottery game retailer for the initial 312
or continued placement of video lottery game terminals. 313
Video lottery game operators and video lottery game 314
retailers shall not offer, propose, or accept anything of 315
value, other than the equal division of net terminal income 316
in exchange for the execution of a use agreement. No video 317
lottery game operator or video lottery game retailer shall 318
pay compensation or any other valuable consideration to any 319
third party for the solicitation, procurement, execution, or 320
delivery of any use agreement with a video lottery game 321
operator or video lottery game retailer, except as approved 322
by the commission. A video lottery game operator shall not 323
share or split net terminal income with any other video 324
lottery game operator licensee under sections 313.425 to 325
313.445 or with any other third-party, except as approved by 326
the commission. The commission shall adopt rules for the 327
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sharing or splitting of net terminal income by a video 328
lottery game operator. 329
(5) Any agreement, contract, or arrangement for the 330
initial or continued placement of video lottery game 331
terminals entered into by any person prior to being duly 332
licensed as a video lottery game operator or a video lottery 333
game retailer by the commission shall be invalid. Only use 334
agreements by and between licensed video lottery game 335
operators and licensed video lottery game retailers shall be 336
deemed valid for the placement and operation of video 337
lottery game terminals. 338
9. (1) To combat problem gambling, video lottery game 339
operators shall allow players to be self-excluded from video 340
lottery game play pursuant to rules adopted by the 341
commission. 342
(2) Video lottery game operators may establish a 343
player rewards systems approved by the commission. No 344
player shall be required to enroll in a rewards program 345
offered by a video lottery game operator as a condition to 346
play video lottery games. 347
10. (1) Video lottery game terminals shall not 348
directly dispense anything of value except for video lottery 349
game tickets. Tickets shall be dispensed by pressing the 350
ticket dispensing button on the video lottery game terminal 351
at the end of any video lottery game play or series of 352
plays. The value of video lottery game terminal credits 353
shall be determined by the commission. Video lottery game 354
operators shall not be required to pay out coins for prizes 355
to be paid to a player having a value less than one dollar, 356
and redemption terminals shall not be required to dispense 357
coins. Any prize to be paid to a player having a value less 358
than one dollar shall be dispensed to the player from the 359
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redemption terminal in the form of a ticket, which may be 360
inserted into a video lottery game terminal for play. The 361
commission may adopt rules allowing redemption terminals to 362
allow a player to donate prizes to be paid to a player 363
having a value of less than one dollar to charitable 364
organizations. 365
(2) The maximum wager for a single video lottery game 366
shall not exceed four dollars. The maximum prize won from a 367
single wager for video lottery game play shall be no more 368
than one dollar less than the minimum amount required to 369
report gambling winnings from slot machines pursuant to IRS 370
Form W2G and IRS Form 5754; 371
(3) No more than eight video lottery game terminals 372
may be placed at the business premises of a video lottery 373
game retailer; 374
(4) The play, use, or operation of video lottery games 375
and video lottery game terminals shall not be advertised to 376
the public through any means including, but not limited to, 377
media outlets, social media advertising, direct mail, 378
broadcast media, telephone solicitation, billboards, or 379
other signage. The commission may adopt rules allowing for 380
limited signage to be displayed at a video lottery game 381
retailer's premises. The advertising prohibition contained 382
in this subdivision shall apply to all licensees including, 383
but not limited to, video lottery game manufacturers, video 384
lottery game distributors, video lottery game operators, 385
video lottery game retailers, and video lottery game 386
handlers. Notwithstanding any other provision of law to the 387
contrary, there is no prohibition or restriction on direct 388
or indirect marketing or advertising of video lottery games, 389
video lottery game terminals, or redemption terminals by 390
video lottery game manufacturers, and video lottery game 391
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distributors to video lottery game operators and video 392
lottery game retailers. Video lottery game operators may 393
advertise, promote, and market to players of video lottery 394
games and video lottery game terminals through player 395
rewards programs approved by the commission. 396
(5) Video lottery games shall not be played at any 397
time when the video lottery game retailer's establishment is 398
closed for business. 399
11. (1) No person under twenty-one years of age shall 400
play video lottery games or video lottery game terminals. 401
The video lottery game retailer shall be responsible for 402
preventing persons under twenty-one years of age from 403
playing video lottery games or video lottery game terminals. 404
(2) Video lottery game operators shall install, 405
maintain, and operate video surveillance systems within the 406
immediate area of the video lottery game retailer's 407
establishment where video lottery game terminals and 408
redemption terminals are located. The surveillance system 409
may also cover the perimeter of the video lottery game 410
retailer's premises. The video lottery game operator shall 411
maintain video footage for thirty days and shall, upon 412
request, provide such footage to the commission. Video 413
footage taken by the video surveillance system shall: 414
(a) Be deleted and expunged after the thirty day 415
period described in this subdivision; and 416
(b) Not make use of any facial recognition technology 417
or software. 418
(3) The commission shall adopt rules regarding the 419
investigation and enforcement of violations of law, rule, or 420
regulation governing the conduct of video lottery games in 421
conformance with established commission procedures, which 422
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may include fines, suspension, and revocation of licenses 423
issued by the commission. 424
(4) A video lottery game operator shall post a sign in 425
a conspicuous location where such video lottery game 426
terminals are located containing, in red lettering at least 427
one-half inch high on a white background, a telephone 428
contact number (1-888-BETSOFF) for the problem gambling 429
helpline, or other similar information as determined by the 430
commission. The commission may adopt rules for the 431
mandatory posting of signage regarding problem gaming, 432
underage gaming, and other consumer protection measures. 433
(5) Pursuant to rules adopted by the department and 434
the commission, a video lottery game operator shall be 435
responsible for: 436
(a) Paying prizes won from video lottery game play to 437
winning players; 438
(b) Collecting all funds from video lottery game 439
terminals; 440
(c) Depositing all funds collected from video lottery 441
game terminals into a separate bank account maintained by 442
the video lottery game operator to allow for monthly 443
electronic fund transfers by the commission and the 444
department all applicable adjusted gross gaming tax and 445
municipality and county administration tax; 446
(d) After such transfer to the commission and the 447
department, remitting to the video lottery game retailer its 448
share of net terminal income on not less than a monthly 449
basis. The video lottery game operator may thereafter 450
transfer its share of net terminal income to its business 451
operations account; and 452
(e) The commission may adopt rules allowing for the 453
division of net terminal income between the video lottery 454
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game operator and the video lottery game retailer on a basis 455
other than an equal division of net terminal income. 456
(6) A video lottery game retailer or operator shall 457
place a conspicuous warning label or sticker on each video 458
lottery game terminal at each video lottery game retailer 459
location in red lettering at least one-half inch high on 460
white background that reads, "WARNING: GAMBLING CAN BE 461
ADDICTIVE". 462
12. The adjusted gross gaming revenue tax shall be 463
imposed on adjusted gross gaming revenue. Video lottery 464
game operators shall collect and remit the adjusted gross 465
gaming revenue tax, which shall be deposited in the state 466
lottery fund pursuant to rules adopted by the commission. 467
The commission shall use and transmit such funds as follows: 468
(1) The commission shall retain an amount from the 469
adjusted gross gaming revenue tax necessary to cover direct 470
administrative expenses for the regulation and enforcement 471
of the video lottery game program that are not covered by 472
license fees or reimbursements; 473
(2) Subject to appropriations, all remaining funds 474
after administrative expenses and payment of prizes shall be 475
transferred to the lottery proceeds fund and shall be 476
appropriated equally to public elementary and secondary 477
education and public institutions of higher education. Ten 478
percent of such funds shall be appropriated to public 479
institutions of higher education workforce development 480
programs, and ten percent of such funds shall be 481
appropriated for construction and rehabilitation of public 482
elementary and secondary education facilities. The funding 483
provided for in this subdivision shall supplement, and not 484
supplant, any education funding otherwise appropriated by 485
the general assembly. 486
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13. The municipality and county administration tax 487
shall be imposed on adjusted gross gaming revenue. Video 488
lottery game operators shall remit the municipality and 489
county administration tax to the department. The department 490
shall distribute such funds to the municipality or county 491
identified by the commission pursuant to subdivision (15) of 492
subsection 2 of this section. The municipality or county 493
shall receive the proceeds of the municipality and county 494
administration tax generated by the video lottery game 495
terminals located within the jurisdiction of the identified 496
municipality or county to be used for providing services 497
necessary for the safety of the public visiting a video 498
lottery game retailer's location. All revenue owed to the 499
municipality or county shall be deposited and distributed to 500
the municipality or county in accordance with rules and 501
regulations created by the department. All the funds 502
deposited with any municipality or county shall not be 503
considered state funds and shall be deposited in the 504
municipality or county's general revenue fund to be expended 505
as provided for in this section. 506
14. All revenues received by the commission from 507
license fees and any reimbursements associated with the 508
administration of the provisions of sections 313.425 to 509
313.445, and all interest earned thereon, shall be used for 510
administrative expenses and shall be deposited in the state 511
lottery fund. Moneys deposited into the state lottery fund 512
from license fees and any reimbursements of commission 513
administrative expenses to administer sections 313.425 to 514
313.445 shall not be considered net proceeds under Article 515
III, Section 39(b) of the Constitution of Missouri. Subject 516
to appropriation, up to one percent of such license fees 517
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shall be deposited to the credit of the compulsive gamblers 518
fund created under section 313.842. 519
15. The commission may contract with a state law 520
enforcement entity to assist in conducting background 521
investigations of video lottery game license applicants, and 522
for the enforcement of sections 313.425 to 313.445. 523
16. The commission shall adopt rules for the 524
implementation of the video lottery game system authorized 525
under sections 313.425 to 313.445, including, but not 526
limited to, a designation of a distinct, designated area 527
within a video lottery game retailer's premises as the video 528
lottery gaming area that is divided from the primary 529
business operation area of the video lottery game retailer's 530
premises where all video lottery game terminals and 531
redemption terminals shall be placed and operated and all 532
gaming activity shall be conducted. Any rule or portion of 533
a rule, as that term is defined in section 536.010, that is 534
created under the authority delegated in this section shall 535
become effective only if it complies with and is subject to 536
all of the provisions of chapter 536 and, if applicable, 537
section 536.028. This section and chapter 536 are 538
nonseverable and if any of the powers vested with the 539
general assembly pursuant to chapter 536 to review, to delay 540
the effective date, or to disapprove and annul a rule are 541
subsequently held unconstitutional, then the grant of 542
rulemaking authority and any rule proposed or adopted after 543
August 28, 2026, shall be invalid and void. 544
313.431. In order to expedite the orderly 1
implementation of the video lottery game system authorized 2
under sections 313.425 to 313.445, the commission shall: 3
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(1) Contract for the supply and operation of a central 4
control system no later than ninety days after the effective 5
date of sections 313.425 to 313.445; 6
(2) Make license applications for video lottery game 7
manufacturers, video lottery game distributors, video 8
lottery game operators, video lottery game retailers, and 9
video lottery game handlers available to applicants no later 10
than thirty days after the effective date of sections 11
313.425 to 313.445; 12
(3) Accept applications and promulgate any emergency 13
rules or regular rules and regulations needed for the 14
implementation of the video lottery game system authorized 15
under sections 313.425 to 313.445 no later than one hundred 16
twenty days after the effective date of sections 313.425 to 17
313.445; 18
(4) Issue an approved form use agreement no later than 19
ninety days after the effective date of sections 313.425 to 20
313.445; 21
(5) Establish a start date when all video lottery game 22
operators may begin soliciting use agreements with video 23
lottery game retailers for the placement of video lottery 24
game terminals. No video lottery game operator shall 25
solicit use agreements prior to the start date. Such start 26
date shall be set no more than one hundred eighty days after 27
the effective date of sections 313.425 to 313.445; 28
(6) Approve or deny any completed video lottery game 29
retailer application or video lottery game operator 30
application no more than ninety days after such application 31
is received by the commission. The operation of unregulated 32
amusement devices or unregulated gambling devices shall not 33
be the sole cause for denial of a video lottery game 34
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retailer license or a video lottery game operator license; 35
and 36
(7) Establish a date by which the system of video 37
lottery game terminals shall be operational. The 38
operational date shall be no later than three hundred sixty 39
five days after the effective date of sections 313.425 to 40
313.445. 41
313.433. Notwithstanding any other provision of law to 1
the contrary, participation by a person, firm, corporation, 2
or organization in any aspect of the state lottery under 3
sections 313.425 to 313.445 shall not be construed to be a 4
lottery or gift enterprise in violation of Article III, 5
Section 39 of the Constitution of Missouri. 6
313.435. 1. A municipality may adopt an ordinance 1
prohibiting video lottery game terminals within the 2
corporate limits of such municipality within ninety days 3
after the effective date of this act. Such municipality 4
shall notify the commission of the ordinance within seven 5
days of passage. A municipality that has adopted such an 6
ordinance may at any time thereafter adopt an ordinance 7
allowing video lottery game terminals within the corporate 8
limits of such municipality, but may not after the passage 9
of such ordinance adopt any ordinance prohibiting video 10
lottery game terminals within the corporate limits of such 11
municipality. 12
2. A county commission may, for the unincorporated 13
area of the county, adopt an ordinance prohibiting video 14
lottery game terminals within the unincorporated area of the 15
county within ninety days from the effective date of this 16
act. Such county shall notify the commission of the 17
ordinance within seven days of passage. A county commission 18
that has adopted such an ordinance may at any time 19
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thereafter adopt an ordinance allowing video lottery game 20
terminals within the unincorporated area of the county, but 21
may not after the passage of such ordinance adopt any 22
ordinance prohibiting video lottery game terminals within 23
the unincorporated area of the county. 24
3. Any municipality or county adopting an ordinance 25
that prohibits the licensing of video lottery games shall 26
notify the commission of such action and provide a certified 27
copy of such ordinance to the commission. Upon receiving 28
such notification and ordinance, the commission shall not 29
license video lottery game retailers within such area 30
covered by such municipal or county ordinance. 31
4. If any such municipality or county that has opted 32
to prohibit the use of video lottery game terminals to play 33
video lottery games repeals such ordinance and adopts an 34
ordinance allowing video lottery game terminals within such 35
municipality or county, then such municipality or county 36
shall notify the commission, and the commission may license 37
video lottery game retailers within such municipality or 38
county to conduct video lottery games. 39
313.437. 1. Nothing in sections 313.425 to 313.445 1
shall be construed to prohibit or bar the issuance of any 2
license described therein to an applicant on the basis of 3
that applicant's operation, handling, leasing, licensing, 4
servicing, or placing of machines or devices used for 5
amusement purposes, except that any video lottery game 6
retailer shall attest, on a form provided by the commission, 7
that the video lottery game retailer does not own or possess 8
any illegal gambling devices, or other machines or devices 9
where the player pays money to play a game of skill or 10
chance which may result in a cash award or prize to the 11
player. This form shall be submitted with a person's 12
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application for any license authorized under sections 13
313.425 to 313.445. 14
2. The general assembly, by enacting sections 313.425 15
to 313.445, intends to enact a comprehensive scheme of 16
statewide regulation, and further intends to preempt any 17
other regulation of the area covered by sections 313.425 to 18
313.445. No municipality, county, governmental subdivision, 19
or agency may enact or enforce any law, ordinance, or 20
regulation that regulates, taxes, imposes a fee, or makes 21
any conduct in the area covered by sections 313.425 to 22
313.445 an offense, or the subject of a criminal or civil 23
penalty or sanction of any kind. 24
313.438. 1. The application form for licensure under 1
sections 313.425 to 313.445 shall be prescribed by the 2
commission and shall contain the following information: 3
(1) The name, date of birth, and address of the 4
individual or organization; 5
(2) A statement as to whether the individual or 6
organization has had any previous application refused, or 7
any license revoked or suspended; 8
(3) A copy of the articles of incorporation and 9
certificate of incorporation of the organization, if 10
applicable; 11
(4) A sworn statement signed by the individual or 12
chief officer and the secretary of the organization 13
verifying that the statements contained in the application 14
are true; 15
(5) The name and address of a person authorized to 16
receive service of process on behalf of the organization; and 17
(6) Such other information deemed necessary by the 18
commission or as the commission may promulgate by 19
regulation. 20
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2. The commission shall issue, suspend, revoke, and 21
renew licenses under sections 313.425 to 313.445 pursuant to 22
rules and regulations adopted by the commission. Licensing 23
rules and regulations shall include requirements relating to 24
the financial responsibility of the licensee, the 25
accessibility of the licensee's place of business or 26
activity to the public, the sufficiency of existing licenses 27
to serve the public interest, the volume of expected sales, 28
the security and efficient operation of the video lottery 29
game, and other matters necessary to protect the public 30
interest and trust in the lottery. Licensees shall be 31
selected without regard to political affiliation. 32
3. The commission shall require every licensee to post 33
a bond, a bonding fee, or a letter of credit in such amount 34
as may be required by the commission, and upon licensure 35
shall prominently display the licensee's license, or a copy 36
thereof, as provided in the rules and regulations of the 37
commission. 38
4. Any license issued by the commission shall not be 39
assignable or transferable. 40
5. A license shall be revoked upon a finding that the 41
licensee: 42
(1) Has knowingly provided false or misleading 43
information to the commission or its employees; 44
(2) Has been convicted of any felony; or 45
(3) Has endangered the security of the lottery. 46
6. A license may be suspended, revoked, or not renewed 47
for any of the following causes: 48
(1) A change of business location; 49
(2) An insufficient sales volume; 50
(3) A delinquency in remitting money owed to the 51
commission; or 52
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(4) Any violation of any rule or regulation adopted 53
pursuant to this section by the commission. 54
7. A person who knowingly makes a false statement on 55
an application is guilty of a class A misdemeanor and shall 56
not be eligible for any license by the commission. 57
8. A renewal application shall only include any 58
changes in the information required to be submitted with the 59
initial application or such other information required by 60
the commission. 61
(1) A blank form for application for registration 62
shall be mailed to each person licensed in this state at the 63
person's last known office or residence address. Failure to 64
receive such application shall not, however, relieve any 65
person of the duty to renew and pay the required fee, nor 66
exempt the person from the penalties provided by this 67
chapter for failure to renew. 68
(2) If a person licensed, certified, or registered by 69
the commission does not renew such license, such license 70
shall be deemed void. 71
9. The commission shall submit fingerprints for any 72
person seeking issuance or renewal of a license issued by 73
the commission, for the purpose of checking the person's 74
prior criminal history when the commission determines a 75
nationwide check is warranted. The fingerprint cards and 76
any required fees shall be sent to the Missouri state 77
highway patrol's central repository. The fingerprints shall 78
be used for searching the state criminal history repository 79
and shall also be forwarded to the Federal Bureau of 80
Investigation for the searching of the federal criminal 81
history files under section 43.540. The patrol shall notify 82
the commission of any criminal history information or lack 83
of criminal history information discovered on the 84
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individual. Notwithstanding the provisions of section 85
610.120 to the contrary, all records related to any criminal 86
history information discovered shall be accessible and 87
available to the commission. 88
10. It is the burden of the applicant to show by clear 89
and convincing evidence the applicant's suitability as to 90
character, experience, and other factors as may be deemed 91
appropriate by the commission. 92
11. Before a license is granted, the commission shall 93
conduct a thorough investigation of the applicant for a 94
license. The applicant shall provide information on a form 95
as required by the commission. 96
12. Any organization licensed under sections 313.425 97
to 313.445 that changes any of its officers, directors, or 98
officials during the term of the license shall immediately 99
report the names and addresses of such individuals to the 100
commission, along with a sworn statement of each such 101
individual as required on forms furnished by the commission. 102
13. The following persons and organizations shall not 103
be eligible for any license under the provisions of sections 104
313.425 to 313.445 and shall not participate in the 105
management, conduct, or operation of any video lottery game, 106
video lottery game handler, video lottery game distributor, 107
or video lottery game manufacturer: 108
(1) Any person who has been convicted of a felony; 109
(2) Any person who has been convicted of or pleaded 110
nolo contendere to any illegal gambling activity or 111
forfeited bond for not appearing while charged with any 112
illegal gambling activity; 113
(3) Any person the commission has determined, based on 114
the person's prior activities or criminal record, if any, 115
poses a threat to the public interest or to the effective 116
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regulation and control of video lottery games, or creates or 117
enhances the dangers of unsuitable, unfair, or illegal 118
practices, methods, or activities in the conduct of video 119
lottery games; 120
(4) Any firm, organization, or corporation in which a 121
person defined in subdivision (3) of this subsection is an 122
officer, director, or employee, whether compensated or not; 123
(5) Any firm, organization, or corporation in which a 124
person defined in subdivision (3) of this subsection is to 125
participate in the management or operations of a video 126
lottery game, video lottery game handler, video lottery game 127
distributor, video lottery game manufacturer, or video 128
lottery game retailer; 129
(6) Any person who, at the time of the application for 130
renewal of a license, would not be eligible for such license 131
upon first application. 132
313.439. 1. A licensee shall be subject to the 1
imposition of penalties, suspension or revocation of such 2
license, or other action for any act or failure to act by 3
the licensee or the licensee's agents or employees, that is 4
injurious to the public health, safety, good order, and 5
general welfare of the people of the state of Missouri, or 6
that would discredit or tend to discredit the video lottery 7
operations in the state of Missouri unless the licensee 8
proves by clear and convincing evidence that the licensee is 9
not guilty of such action. The commission may refuse to 10
issue a license. The commission shall notify the applicant 11
or licensee in writing of the reasons for the refusal or 12
discipline, and shall advise the applicant or licensee of 13
their right to file a complaint with the administrative 14
hearing commission as provided by chapter 621. If no 15
written request for a hearing is received by the 16
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administrative hearing commission within the thirty-day 17
period, the right to seek review of the commission's 18
decision shall be considered as waived. The commission 19
shall take appropriate action against any applicant or 20
licensee who violates the law or the rules and regulations 21
of the commission. Without limiting other provisions of 22
sections 313.425 to 313.445, the following acts or omissions 23
may be grounds for such discipline: 24
(1) Failing to comply with or make provision for 25
compliance with the provisions of sections 313.425 to 26
313.445, the rules and regulations of the commission, or any 27
federal, state, or local law or regulation; 28
(2) Failing to comply with any rule, order, or ruling 29
of the commission or its agents pertaining to sections 30
313.425 to 313.445; 31
(3) Receiving or purchasing goods or services from a 32
person or business entity who does not hold a license issued 33
pursuant to sections 313.425 to 313.445, but who is required 34
to hold such license by the provisions of sections 313.425 35
to 313.445 or the rules and regulations of the commission; 36
(4) Associating with, either socially or in business 37
affairs, or employing persons of notorious or unsavory 38
reputation or who have extensive police records, or who have 39
failed to cooperate with any officially constituted 40
investigatory or administrative body and would adversely 41
affect public confidence and trust in gaming; 42
(5) Use of fraud, deception, misrepresentation, or 43
bribery in securing any license issued pursuant to the 44
provisions of sections 313.425 to 313.445 or impersonation 45
of any person holding a license or allowing a person to use 46
the person's license; 47
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(6) Obtaining or attempting to obtain any fee, charge, 48
or other compensation by fraud, deception, or 49
misrepresentation; 50
(7) Incompetence, misconduct, gross negligence, fraud, 51
misrepresentation, or dishonesty in the performance of the 52
functions or duties regulated by the provisions of sections 53
313.425 to 313.445; 54
(8) Revocation, suspension, restriction, modification, 55
limitation, reprimand, warning, censure, probation, or other 56
final disciplinary action against the licensee or applicant 57
for a license by another state, territory, federal agency, 58
or country, whether or not voluntarily agreed to by the 59
licensee or applicant, including, but not limited to, the 60
denial of licensure, surrender of the license, or allowing 61
the license to expire or lapse; 62
(9) A person is finally adjudged incapacitated or 63
disabled by a court of competent jurisdiction; 64
(10) Issuance of a license based upon a material 65
mistake of fact; 66
(11) Knowingly making a false statement, orally or in 67
writing, to the commission; 68
2. The commission may cause a complaint to be filed 69
with the administrative hearing commission as provided by 70
chapter 621 against any applicant or holder of any license 71
required by sections 313.425 to 313.445, or against any 72
person who has failed to renew or has surrendered the 73
person's license. 74
3. After the filing of such complaint before the 75
administrative hearing commission, the proceedings shall be 76
conducted in accordance with the provisions of chapter 621. 77
Upon a finding by the administrative hearing commission that 78
the grounds of this section for disciplinary action are met, 79
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the commission may, singly or in combination, warn, censure, 80
or place the person named in the complaint on probation on 81
such terms and conditions as the commission deems 82
appropriate for a period not to exceed ten years, or may 83
suspend the person's license for a period not to exceed 84
three years, or restrict or limit the person's license for 85
an indefinite period of time, or revoke the person's license 86
or administer a public or private reprimand, or deny the 87
person's application for a license, or permanently withhold 88
issuance of a license. 89
313.440. The administration of sections 313.425 to 1
313.445 shall be vested in the commission which shall have 2
power to adopt and enforce rules and regulations to regulate 3
and license the management, operation, and conduct of video 4
lottery games and participants therein and to properly 5
administer and enforce the provisions of sections 313.425 to 6
313.445. Any rule or portion of a rule, as that term is 7
defined in section 536.010, that is created under the 8
authority delegated in this section shall become effective 9
only if it complies with and is subject to all of the 10
provisions of chapter 536 and, if applicable, section 11
536.028. This section and chapter 536 are nonseverable and 12
if any of the powers vested with the general assembly 13
pursuant to chapter 536 to review, to delay the effective 14
date, or to disapprove and annul a rule are subsequently 15
held unconstitutional, then the grant of rulemaking 16
authority and any rule proposed or adopted after August 28, 17
2026, shall be invalid and void. 18
313.441. The commission shall employ such 1
professional, clerical, technical, and administrative 2
personnel as may be necessary to carry out the provisions of 3
sections 313.425 to 313.445. No person shall be employed by 4
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the lottery who has been convicted of a felony. Any person 5
employed by the lottery in a management or policy-making 6
position shall be a resident of this state or become a 7
Missouri resident within six months of the person's 8
appointment. Personnel shall be employed without regard to 9
any political affiliation. Personnel shall receive a salary 10
comparable to the salaries received by other state employees 11
doing comparable duties. 12
313.442. 1. The commission may administer oaths, 1
subpoena witnesses, issue subpoenas duces tecum, and require 2
production of documents and records. Subpoenas, including 3
subpoenas duces tecum, shall be served by a person 4
authorized to serve subpoenas of courts of record. In lieu 5
of requiring attendance of a person to produce original 6
documents in response to a subpoena duces tecum, the 7
commission may require sworn copies of such documents to be 8
filed with it or delivered to its designated representative. 9
2. The commission may enforce its subpoenas, including 10
subpoena duces tecum, by applying to a circuit court of Cole 11
County, the county of the investigation, hearing or 12
proceeding, or any county where the person resides or may be 13
found, for an order upon any person who shall fail to obey a 14
subpoena to show cause why such subpoena should not be 15
enforced, which such order and a copy of the application 16
therefore shall be served upon the person in the same manner 17
as a summons in a civil action, and if the circuit court 18
shall, after a hearing, determine that the subpoena should 19
be sustained and enforced, such court shall proceed to 20
enforce the subpoena in the same manner as though the 21
subpoena had been issued in a civil case in the circuit 22
court. 23
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313.443. Upon application by the commission, and the 1
necessary burden having been met, a court of general 2
jurisdiction may grant an injunction, restraining order, or 3
other order as may be appropriate to enjoin a person from 4
offering to engage or engaging in the performance of any 5
acts or practices for which a license is required by 6
sections 313.425 to 313.445 upon a showing that such acts or 7
practices were performed or offered to be performed without 8
a license. Any such action shall be commenced either in the 9
county in which such conduct occurred or in the county in 10
which the defendant resides. Any action brought under this 11
section shall be in addition to and not in lieu of any 12
penalty provided by sections 313.425 to 313.445 and may be 13
brought concurrently with other actions to enforce the 14
provisions of sections 313.425 to 313.445. 15
313.444. Upon receiving information that any provision 1
of sections 313.425 to 313.445 has been or is being 2
violated, the commission or other person designated by the 3
commission shall investigate, and upon probable cause 4
appearing, the commission shall file a complaint with the 5
administrative hearing commission or appropriate official or 6
court. 7
313.445. The provisions of sections 313.425 to 313.445 1
are severable. If any provision of sections 313.425 to 2
313.445 is found by a court of competent jurisdiction to be 3
unconstitutional, the remaining provisions are valid except 4
to the extent that the court finds that the valid 5
provisions, standing alone, are incomplete and are incapable 6
of being executed in accordance with the legislative 7
intent. The provisions of this section shall be operative 8
notwithstanding the provisions of section 1.140 to the 9
contrary. 10
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313.820. 1. An excursion boat licensee shall pay to 1
the commission an admission fee of [two] four dollars for 2
each person embarking on an excursion gambling boat with a 3
ticket of admission. One dollar of such fee shall be 4
deposited to the credit of the gaming commission fund as 5
authorized pursuant to section 313.835, two dollars of such 6
fee shall be transferred to the Missouri veterans commission 7
as established under section 42.007, and one dollar of such 8
fee shall not be considered state funds and shall be paid to 9
the home dock city or county. Subject to appropriation, one 10
cent of such fee deposited to the credit of the gaming 11
commission fund may be deposited to the credit of the 12
compulsive gamblers fund created pursuant to the provisions 13
of section 313.842. Nothing in this section shall preclude 14
any licensee from charging any amount deemed necessary for a 15
ticket of admission to any person embarking on an excursion 16
gambling boat. If tickets are issued which are good for 17
more than one excursion, the admission fee shall be paid to 18
the commission for each person using the ticket on each 19
excursion that the ticket is used. If free passes or 20
complimentary admission tickets are issued, the excursion 21
boat licensee shall pay to the commission the same fee upon 22
these passes or complimentary tickets as if they were sold 23
at the regular and usual admission rate; however, the 24
excursion boat licensee may issue fee-free passes to actual 25
and necessary officials and employees of the licensee or 26
other persons actually working on the excursion gambling 27
boat. The issuance of fee-free passes is subject to the 28
rules of the commission, and a list of all persons to whom 29
the fee-free passes are issued shall be filed with the 30
commission. 31
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2. All licensees are subject to all income taxes, 32
sales taxes, earnings taxes, use taxes, property taxes or 33
any other tax or fee now or hereafter lawfully levied by any 34
political subdivision; however, no other license tax, permit 35
tax, occupation tax, excursion fee, or taxes or fees shall 36
be imposed, levied or assessed exclusively upon licensees by 37
a political subdivision. All state taxes not connected 38
directly to gambling games shall be collected by the 39
department of revenue. Notwithstanding the provisions of 40
section 32.057 to the contrary, the department of revenue 41
may furnish and the commission may receive tax information 42
to determine if applicants or licensees are complying with 43
the tax laws of this state; however, any tax information 44
acquired by the commission shall not become public record 45
and shall be used exclusively for commission business. 46
572.010. As used in this chapter the following terms 1
mean: 2
(1) "Advance gambling activity", a person advances 3
gambling activity if, acting other than as a player, he or 4
she engages in conduct that materially aids any form of 5
gambling activity. Conduct of this nature includes but is 6
not limited to conduct directed toward the creation or 7
establishment of the particular game, lottery, contest, 8
scheme, gambling, device or activity involved, toward the 9
acquisition or maintenance of premises, paraphernalia, 10
equipment or apparatus therefor, toward the solicitation or 11
inducement of persons to participate therein, toward the 12
actual conduct of the playing phases thereof, toward the 13
arrangement or communication of any of its financial or 14
recording phases, or toward any other phase of its 15
operation. A person advances gambling activity if, having 16
substantial proprietary control or other authoritative 17
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control over premises being used with his or her knowledge 18
for purposes of gambling activity, he or she permits that 19
activity to occur or continue or makes no effort to prevent 20
its occurrence or continuation. The supplying, servicing 21
and operation of a licensed excursion gambling boat under 22
sections 313.800 to 313.840 does not constitute advancing 23
gambling activity. The owning, operating, supplying, or 24
servicing of video lottery game terminals under sections 25
313.425 to 313.437 does not constitute advancing gambling 26
activity; 27
(2) "Bookmaking", advancing gambling activity by 28
unlawfully accepting bets from members of the public as a 29
business, rather than in a casual or personal fashion, upon 30
the outcomes of future contingent events; 31
(3) "Contest of chance", any contest, game, gaming 32
scheme, or [gaming] gambling device in which the outcome 33
[depends in a material degree upon an] of the contest is 34
determined by any element of chance, notwithstanding that 35
the skill of the contestants may also be a factor therein; 36
(4) "Gambling", a person engages in gambling when: 37
(a) He or she operates, plays, or participates in the 38
operation of a gambling device; or 39
(b) He or she stakes or risks something of value upon 40
the outcome of a contest of chance or a future contingent 41
event not under his or her control or influence, upon an 42
agreement or understanding that he or she will receive 43
something of value in the event of a certain outcome. 44
Gambling does not include bona fide business transactions 45
valid under the law of contracts, including but not limited 46
to contracts for the purchase or sale at a future date of 47
securities or commodities, and agreements to compensate for 48
loss caused by the happening of chance, including but not 49
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limited to contracts of indemnity or guaranty and life, 50
health or accident insurance; nor does gambling include 51
playing an amusement device that confers only an immediate 52
right of replay not exchangeable for something of value. 53
Gambling does not include any licensed activity, or persons 54
participating in such games which are covered by sections 55
313.800 to 313.840. Gambling does not include any licensed 56
activity or persons participating in such licensed activity, 57
licensed video lottery game terminals, or video lottery 58
games under sections 313.425 to 313.437; 59
(5) ["Gambling device", any device, machine, 60
paraphernalia or equipment that is used or usable in the 61
playing phases of any gambling activity, whether that 62
activity consists of gambling between persons or gambling by 63
a person with a machine. However, lottery tickets, policy 64
slips and other items used in the playing phases of lottery 65
and policy schemes are not gambling devices within this 66
definition; 67
(6)] "Gambling record", any article, instrument, 68
record, receipt, ticket, certificate, token, slip or 69
notation used or intended to be used in connection with 70
unlawful gambling activity; 71
[(7)] (6) "Lottery" or "policy", an unlawful gambling 72
scheme in which for a consideration the participants are 73
given an opportunity to win something of value, the award of 74
which is determined by chance; 75
[(8)] (7) "Player", a person who engages in any form 76
of gambling solely as a contestant or bettor, without 77
receiving or becoming entitled to receive any profit 78
therefrom other than personal gambling winnings, and without 79
otherwise rendering any material assistance to the 80
establishment, conduct or operation of the particular 81
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gambling activity. A person who gambles at a social game of 82
chance on equal terms with the other participants therein 83
does not otherwise render material assistance to the 84
establishment, conduct or operation thereof by performing, 85
without fee or remuneration, acts directed toward the 86
arrangement or facilitation of the game, such as inviting 87
persons to play, permitting the use of premises therefor and 88
supplying cards or other equipment used therein. A person 89
who engages in "bookmaking" as defined in subdivision (2) of 90
this section is not a player; 91
[(9)] (8) "Professional player", a player who engages 92
in gambling for a livelihood or who has derived at least 93
twenty percent of his or her income in any one year within 94
the past five years from acting solely as a player; 95
[(10)] (9) "Profit from gambling activity", a person 96
profits from gambling activity if, other than as a player, 97
he or she accepts or receives money or other property 98
pursuant to an agreement or understanding with any person 99
whereby he participates or is to participate in the proceeds 100
of gambling activity; 101
[(11)] (10) "Slot machine"[, a gambling device that as 102
a result of the insertion of a coin or other object 103
operates, either completely automatically or with the aid of 104
some physical act by the player, in such a manner that, 105
depending upon elements of chance, it may eject something of 106
value. A device so constructed or readily adaptable or 107
convertible to such use is no less a slot machine because it 108
is not in working order or because some mechanical act of 109
manipulation or repair is required to accomplish its 110
adaptation, conversion or workability. Nor is it any less a 111
slot machine because apart from its use or adaptability as 112
such it may also sell or deliver something of value on a 113
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basis other than chance] or "gambling device", an 114
electronic, computerized, or mechanical machine, terminal, 115
or other similar device that: 116
(a) Requires the direct or indirect insertion of any 117
form of consideration, coin, currency, ticket, token, 118
electronic token or currency, or other similar object, or 119
the depositing of any form of consideration with the owner 120
or operator of such slot machine or gambling device to 121
operate the device; 122
(b) Offers, operates, or plays a contest or game, 123
either completely automatically or with the aid of some 124
physical act by the player, the outcome of which is 125
determined by any element of chance, regardless of whether 126
the outcome may also be partially or predominantly 127
determined by the skill of the player, and regardless of 128
whether the outcome may be partially or completely revealed 129
to the player before or during play of the slot machine or 130
gambling device; and 131
(c) May award to the player an award, prize, or 132
something of value, whether or not the award is made 133
directly or indirectly, and whether or not the award is made 134
automatically from the gambling device or manually. 135
A device so constructed or readily adaptable or convertible 136
to such use is no less a slot machine or gambling device 137
because it is not in working order or because some 138
mechanical act of manipulation or repair is required to 139
accomplish its adaptation, conversion, or workability, nor 140
is it any less a slot machine or gambling device because 141
apart from its use or adaptability as such it may also sell 142
or deliver something of value on a basis other than chance; 143
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[(12)] (11) "Something of value", any money or 144
property, any token, object or article exchangeable for 145
money or property, or any form of credit or promise directly 146
or indirectly contemplating transfer of money or property or 147
of any interest therein or involving extension of a service, 148
entertainment or a privilege of playing at a game or scheme 149
without charge; 150
[(13)] (12) "Unlawful", not specifically authorized by 151
law. 152
572.020. 1. A person commits the offense of gambling 1
if he or she knowingly engages in gambling. 2
2. The offense of gambling is a class [C misdemeanor 3
unless: 4
(1) It is committed by a professional player, in which 5
case it is a class A misdemeanor; or 6
(2) The person knowingly engages in gambling with a 7
child less than seventeen years of age, in which case it is 8
a class B misdemeanor] E felony. 9
572.070. 1. A person commits the offense of 1
possession of a gambling device if, with knowledge of the 2
character thereof, he or she manufactures, sells, 3
transports, places or possesses, or conducts or negotiates 4
any transaction affecting or designed to affect ownership, 5
custody or use of: 6
(1) A slot machine or gambling device; or 7
(2) Any other gambling device, knowing or having 8
reason to believe that it is to be used in the state of 9
Missouri in the advancement of unlawful gambling activity. 10
2. The offense of possession of a gambling device is a 11
class A misdemeanor. 12
572.100. 1. The general assembly by enacting this 1
chapter intends to preempt any other regulation of the area 2
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covered by this chapter. No governmental subdivision or 3
agency may enact or enforce a law that regulates or makes 4
any conduct in the area covered by this chapter an offense, 5
or the subject of a criminal or civil penalty or sanction of 6
any kind. 7
2. The term "gambling", as used in this chapter, does 8
not include licensed activities under sections 313.800 to 9
313.840, and does not include licensed activities under 10
sections 313.425 to 313.437. 11
3. The Missouri lottery commission shall have 12
concurrent authority and jurisdiction to investigate and 13
enforce violations of chapter 572, and to seek prosecution 14
of violations of chapter 572 by the attorney general 15
pursuant to section 27.105. 16
650.930. 1. There is hereby established within the 1
department of public safety the "Missouri Gaming Bureau". 2
The Missouri gaming commission and the Missouri lottery 3
commission may contract with the Missouri gaming bureau for 4
assistance in criminal and regulatory investigations 5
involving individuals, companies, and suppliers who are 6
applying for licensure or who are conducting any activities 7
under sections 313.800 to 313.850 or operations relating to 8
video lottery games. 9
2. The director of the gaming bureau shall be a 10
uniformed member of the Missouri state highway patrol who 11
shall be appointed by the superintendent of the state 12
highway patrol. The director shall be responsible for the 13
administrative operations of the gaming bureau and shall 14
perform such other duties as may be delegated or assigned to 15
the director by the department of public safety. Members of 16
the state highway patrol, pursuant to a memorandum of 17
understanding with the state highway patrol, may provide 18
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services to the gaming bureau. The director may employ 19
additional members to serve in the gaming bureau, provided 20
that such persons are licensed peace officers under chapter 21
590 and have a minimum of six hundred hours of law 22
enforcement training. 23
3. Members of the gaming bureau shall have full power 24
and authority as are now or hereafter vested by law in peace 25
officers when working with the bureau, which shall include 26
the power to enforce the rules of the gaming commission with 27
respect to the gaming and lottery industry and the power to 28
investigate violations occurring on the gaming floor and 29
premises of excursion gambling boats licensed under sections 30
313.800 to 313.850, violations by licensees of the lottery 31
commission, and violations of chapter 572. 32
4. Members of the gaming bureau shall be paid from 33
funds designated as administrative within the state lottery 34
fund established under section 313.321 that were generated 35
from revenues received by the Missouri lottery commission 36
from the sale of Missouri lottery tickets and from license 37
fees and reimbursements associated with the regulation and 38
operation of video lottery games in the state and from funds 39
designated as administrative within the gaming commission 40
fund established under section 313.835 that were generated 41
from revenues received by the Missouri gaming commission 42
from license fees and reimbursements associated with the 43
regulation and operation of excursion gambling boats in the 44
state. 45
5. The director of the department of public safety may 46
promulgate all necessary rules and regulations for the 47
administration of this section. Any rule or portion of a 48
rule, as that term is defined in section 536.010, that is 49
created under the authority delegated in this section shall 50
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become effective only if it complies with and is subject to 51
all of the provisions of chapter 536 and, if applicable, 52
section 536.028. This section and chapter 536 are 53
nonseverable and if any of the powers vested with the 54
general assembly pursuant to chapter 536 to review, to delay 55
the effective date, or to disapprove and annul a rule are 56
subsequently held unconstitutional, then the grant of 57
rulemaking authority and any rule proposed or adopted after 58
August 28, 2026, shall be invalid and void. 59
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