Missouri Revised Statutes
Chapter 313
Licensed Gaming Activities
←313.780
Section 313.800.1
313.802→
August 28, 2015
Definitions--additional games of skill, commission approval, procedures.
313.800. 1. As used in sections 313.800 to 313.850, unless the
context clearly requires otherwise, the following terms mean:
(1) "Adjusted gross receipts", the gross receipts from licensed
gambling games and devices less winnings paid to wagerers;
(2) "Applicant", any person applying for a license authorized under
the provisions of sections 313.800 to 313.850;
(3) "Bank", the elevations of ground which confine the waters of the
Mississippi or Missouri Rivers at the ordinary high water mark as defined
by common law;
(4) "Capital, cultural, and special law enforcement purpose
expenditures" shall include any disbursement, including disbursements for
principal, interest, and costs of issuance and trustee administration
related to any indebtedness, for the acquisition of land, land
improvements, buildings and building improvements, vehicles, machinery,
equipment, works of art, intersections, signing, signalization, parking
lot, bus stop, station, garage, terminal, hanger, shelter, dock, wharf,
rest area, river port, airport, light rail, railroad, other mass transit,
pedestrian shopping malls and plazas, parks, lawns, trees, and other
landscape, convention center, roads, traffic control devices, sidewalks,
alleys, ramps, tunnels, overpasses and underpasses, utilities, streetscape,
lighting, trash receptacles, marquees, paintings, murals, fountains,
sculptures, water and sewer systems, dams, drainage systems, creek bank
restoration, any asset with a useful life greater than one year, cultural
events, and any expenditure related to a law enforcement officer deployed
as horse-mounted patrol, school resource or drug awareness resistance
education (D.A.R.E) officer;
(5) "Cheat", to alter the selection of criteria which determine the
result of a gambling game or the amount or frequency of payment in a
gambling game;
(6) "Commission", the Missouri gaming commission;
(7) "Credit instrument", a written check, negotiable instrument,
automatic bank draft or other authorization from a qualified person to an
excursion gambling boat licensee or any of its affiliated companies
licensed by the commission authorizing the licensee to withdraw the amount
of credit extended by the licensee to such person from the qualified
person's banking account on or after a date certain of not more than thirty
days from the date the credit was extended, and includes any such writing
taken in consolidation, redemption or payment of a previous credit
instrument, but does not include any interest-bearing installment loan or
other extension of credit secured by collateral;
(8) "Dock", the location in a city or county authorized under
subsection 10 of section 313.812 which contains any natural or artificial
space, inlet, hollow, or basin, in or adjacent to a bank of the Mississippi
or Missouri Rivers, next to a wharf or landing devoted to the embarking of
passengers on and disembarking of passengers from a gambling excursion but
shall not include any artificial space created after May 20, 1994, and is
located more than one thousand feet from the closest edge of the main
channel of the river as established by the United States Army Corps of
Engineers;
(9) "Excursion gambling boat", a boat, ferry or other floating
facility licensed by the commission on which gambling games are allowed;
(10) "Fiscal year" shall for the purposes of subsections 3 and 4 of
section 313.820 mean the fiscal year of a home dock city or county;
(11) "Floating facility", any facility built or originally built as a
boat, ferry or barge licensed by the commission on which gambling games are
allowed;
(12) "Gambling excursion", the time during which gambling games may
be operated on an excursion gambling boat whether docked or during a
cruise;
(13) "Gambling game" includes, but is not limited to, games of skill
or games of chance on an excursion gambling boat but does not include
gambling on sporting events; provided such games of chance are approved by
amendment to the Missouri Constitution;
(14) "Games of chance", any gambling game in which the player's
expected return is not favorably increased by his or her reason, foresight,
dexterity, sagacity, design, information or strategy;
(15) "Games of skill", any gambling game in which there is an
opportunity for the player to use his or her reason, foresight, dexterity,
sagacity, design, information or strategy to favorably increase the
player's expected return; including, but not limited to, the gambling games
known as "poker", "blackjack" (twenty-one), "craps", "Caribbean stud", "pai
gow poker", "Texas hold'em", "double down stud", and any video
representation of such games;
(16) "Gross receipts", the total sums wagered by patrons of licensed
gambling games;
(17) "Holder of occupational license", a person licensed by the
commission to perform an occupation within excursion gambling boat
operations which the commission has identified as requiring a license;
(18) "Licensee", any person licensed under sections 313.800 to
313.850;
(19) "Mississippi River" and "Missouri River", the water, bed and
banks of those rivers, including any space filled by the water of those
rivers for docking purposes in a manner approved by the commission but
shall not include any artificial space created after May 20, 1994, and is
located more than one thousand feet from the closest edge of the main
channel of the river as established by the United States Army Corps of
Engineers;
(20) "Supplier", a person who sells or leases gambling equipment and
gambling supplies to any licensee.
2. In addition to the games of skill defined in this section, the
commission may approve other games of skill upon receiving a petition
requesting approval of a gambling game from any applicant or licensee. The
commission may set the matter for hearing by serving the applicant or
licensee with written notice of the time and place of the hearing not less
than five days prior to the date of the hearing and posting a public notice
at each commission office. The commission shall require the applicant or
licensee to pay the cost of placing a notice in a newspaper of general
circulation in the applicant's or licensee's home dock city or county. The
burden of proof that the gambling game is a game of skill is at all times
on the petitioner. The petitioner shall have the affirmative
responsibility of establishing his or her case by a preponderance of
evidence including:
(1) Is it in the best interest of gaming to allow the game; and
(2) Is the gambling game a game of chance or a game of skill?
All testimony shall be given under oath or affirmation. Any citizen of
this state shall have the opportunity to testify on the merits of the
petition. The commission may subpoena witnesses to offer expert testimony.
Upon conclusion of the hearing, the commission shall evaluate the record of
the hearing and issue written findings of fact that shall be based
exclusively on the evidence and on matters officially noticed. The
commission shall then render a written decision on the merits which shall
contain findings of fact, conclusions of law and a final commission order.
The final commission order shall be within thirty days of the hearing.
Copies of the final commission order shall be served on the petitioner by
certified or overnight express mail, postage prepaid, or by personal
delivery.
(L. 1991 H.B. 149 § 1 Adopted by Referendum, Proposition A, November
3, 1992, A.L. 1993 S.B. 10 & 11 § 1, A.L. 1994 S.B. 740, A.L.
2005 H.B. 58 merged with H.B. 186 merged with S.B. 272, A.L. 2014
S.B. 741)
2005
0
2005
313.800. 1. As used in sections 313.800 to 313.850, unless the context
clearly requires otherwise, the following terms mean:
(1) "Adjusted gross receipts", the gross receipts from licensed gambling
games and devices less winnings paid to wagerers;
(2) "Applicant", any person applying for a license authorized under the
provisions of sections 313.800 to 313.850;
(3) "Bank", the elevations of ground which confine the waters of the
Mississippi or Missouri Rivers at the ordinary high water mark as defined by
common law;
(4) "Capital, cultural, and special law enforcement purpose
expenditures" shall include any disbursement, including disbursements for
principal, interest, and costs of issuance and trustee administration related
to any indebtedness, for the acquisition of land, land improvements, buildings
and building improvements, vehicles, machinery, equipment, works of art,
intersections, signing, signalization, parking lot, bus stop, station, garage,
terminal, hanger, shelter, dock, wharf, rest area, river port, airport, light
rail, railroad, other mass transit, pedestrian shopping malls and plazas,
parks, lawns, trees, and other landscape, convention center, roads, traffic
control devices, sidewalks, alleys, ramps, tunnels, overpasses and
underpasses, utilities, streetscape, lighting, trash receptacles, marquees,
paintings, murals, fountains, sculptures, water and sewer systems, dams,
drainage systems, creek bank restoration, any asset with a useful life
greater than one year, cultural events, and any expenditure related to a law
enforcement officer deployed as horse-mounted patrol, school resource or drug
awareness resistance education (D.A.R.E) officer;
(5) "Cheat", to alter the selection of criteria which determine the
result of a gambling game or the amount or frequency of payment in a gambling
game;
(6) "Commission", the Missouri gaming commission;
(7) "Dock", the location in a city or county authorized under subsection
10 of section 313.812 which contains any natural or artificial space, inlet,
hollow, or basin, in or adjacent to a bank of the Mississippi or Missouri
Rivers, next to a wharf or landing devoted to the embarking of passengers on
and disembarking of passengers from a gambling excursion but shall not
include any artificial space created after May 20, 1994, and is located more
than one thousand feet from the closest edge of the main channel of the river
as established by the United States Army Corps of Engineers;
(8) "Excursion gambling boat", a boat, ferry or other floating facility
licensed by the commission on which gambling games are allowed;
(9) "Fiscal year" shall for the purposes of subsections 3 and 4 of
section 313.820 mean the fiscal year of a home dock city or county;
(10) "Floating facility", any facility built or originally built as a
boat, ferry or barge licensed by the commission on which gambling games are
allowed;
(11) "Gambling excursion", the time during which gambling games may be
operated on an excursion gambling boat whether docked or during a cruise;
(12) "Gambling game" includes, but is not limited to, games of skill or
games of chance on an excursion gambling boat but does not include gambling
on sporting events; provided such games of chance are approved by amendment to
the Missouri Constitution;
(13) "Games of chance", any gambling game in which the player's expected
return is not favorably increased by his or her reason, foresight, dexterity,
sagacity, design, information or strategy;
(14) "Games of skill", any gambling game in which there is an opportunity
for the player to use his or her reason, foresight, dexterity, sagacity,
design, information or strategy to favorably increase the player's expected
return; including, but not limited to, the gambling games known as "poker",
"blackjack" (twenty-one), "craps", "Caribbean stud", "pai gow poker", "Texas
hold'em", "double down stud", and any video representation of such games;
(15) "Gross receipts", the total sums wagered by patrons of licensed
gambling games;
(16) "Holder of occupational license", a person licensed by the
commission to perform an occupation within excursion gambling boat operations
which the commission has identified as requiring a license;
(17) "Licensee", any person licensed under sections 313.800 to 313.850;
(18) "Mississippi River" and "Missouri River", the water, bed and banks
of those rivers, including any space filled by the water of those rivers for
docking purposes in a manner approved by the commission but shall not include
any artificial space created after May 20, 1994, and is located more than one
thousand feet from the closest edge of the main channel of the river as
established by the United States Army Corps of Engineers;
(19) "Supplier", a person who sells or leases gambling equipment and
gambling supplies to any licensee.
2. In addition to the games of skill referred to in subdivision (14) of
subsection 1 of this section, the commission may approve other games of skill
upon receiving a petition requesting approval of a gambling game from any
applicant or licensee. The commission may set the matter for hearing by
serving the applicant or licensee with written notice of the time and place
of the hearing not less than five days prior to the date of the hearing and
posting a public notice at each commission office. The commission shall
require the applicant or licensee to pay the cost of placing a notice in a
newspaper of general circulation in the applicant's or licensee's home dock
city or county. The burden of proof that the gambling game is a game of
skill is at all times on the petitioner. The petitioner shall have the
affirmative responsibility of establishing his or her case by a preponderance
of evidence including:
(1) Is it in the best interest of gaming to allow the game; and
(2) Is the gambling game a game of chance or a game of skill?
All testimony shall be given under oath or affirmation. Any citizen of this
state shall have the opportunity to testify on the merits of the petition.
The commission may subpoena witnesses to offer expert testimony. Upon
conclusion of the hearing, the commission shall evaluate the record of the
hearing and issue written findings of fact that shall be based exclusively on
the evidence and on matters officially noticed. The commission shall then
render a written decision on the merits which shall contain findings of fact,
conclusions of law and a final commission order. The final commission order
shall be within thirty days of the hearing. Copies of the final commission
order shall be served on the petitioner by certified or overnight express
mail, postage prepaid, or by personal delivery.
0
313.800. 1. As used in sections 313.800 to 313.850, unless
the context clearly requires otherwise, the following terms mean:
(1) "Adjusted gross receipts", the gross receipts from
licensed gambling games and devices less winnings paid to
wagerers;
(2) "Applicant", any person applying for a license
authorized under the provisions of sections 313.800 to 313.850;
(3) "Bank", the elevations of ground which confine the
waters of the Mississippi or Missouri Rivers at the ordinary high
water mark as defined by common law;
(4) "Cheat", to alter the selection of criteria which
determine the result of a gambling game or the amount or
frequency of payment in a gambling game;
(5) "Commission", the Missouri gaming commission;
(6) "Dock", the location in a city or county authorized
under subsection 10 of section 313.812 which contains any natural
or artificial space, inlet, hollow, or basin, in or adjacent to a
bank of the Mississippi or Missouri Rivers, next to a wharf or
landing devoted to the embarking of passengers on and
disembarking of passengers from a gambling excursion but shall
not include any artificial space created after May 20, 1994, and
is located more than one thousand feet from the closest edge of
the main channel of the river as established by the United States
Army Corps of Engineers;
(7) "Excursion gambling boat", a boat, ferry or other
floating facility licensed by the commission on which gambling
games are allowed;
(8) "Floating facility", any facility built or originally
built as a boat, ferry or barge licensed by the commission on
which gambling games are allowed;
(9) "Gambling excursion", the time during which gambling
games may be operated on an excursion gambling boat whether
docked or during a cruise;
(10) "Gambling game" includes, but is not limited to, games
of skill or games of chance on an excursion gambling boat but
does not include gambling on sporting events; provided such games
of chance are approved by amendment to the Missouri Constitution;
(11) "Games of chance", any gambling game in which the
player's expected return is not favorably increased by his or her
reason, foresight, dexterity, sagacity, design, information or
strategy;
(12) "Games of skill", any gambling game in which there is
an opportunity for the player to use his or her reason,
foresight, dexterity, sagacity, design, information or strategy
to favorably increase the player's expected return; including,
but not limited to, the gambling games known as "poker",
"blackjack" (twenty-one), "craps", "Caribbean stud", "pai gow
poker", "Texas hold'em", "double down stud", and any video
representation of such games;
(13) "Gross receipts", the total sums wagered by patrons of
licensed gambling games;
(14) "Holder of occupational license", a person licensed by
the commission to perform an occupation within excursion gambling
boat operations which the commission has identified as requiring
a license;
(15) "Licensee", any person licensed under sections 313.800
to 313.850;
(16) "Mississippi River" and "Missouri River", the water,
bed and banks of those rivers, including any space filled by the
water of those rivers for docking purposes in a manner approved
by the commission but shall not include any artificial space
created after May 20, 1994, and is located more than one thousand
feet from the closest edge of the main channel of the river as
established by the United States Army Corps of Engineers;
(17) "Supplier", a person who sells or leases gambling
equipment and gambling supplies to any licensee.
2. In addition to the games of skill referred to in
subdivision (12) of subsection 1 of this section, the commission
may approve other games of skill upon receiving a petition
requesting approval of a gambling game from any applicant or
licensee. The commission may set the matter for hearing by
serving the applicant or licensee with written notice of the time
and place of the hearing not less than five days prior to the
date of the hearing and posting a public notice at each
commission office. The commission shall require the applicant or
licensee to pay the cost of placing a notice in a newspaper of
general circulation in the applicant's or licensee's home dock
city or county. The burden of proof that the gambling game is a
game of skill is at all times on the petitioner. The petitioner
shall have the affirmative responsibility of establishing his or
her case by a preponderance of evidence including:
(1) Is it in the best interest of gaming to allow the game;
and
(2) Is the gambling game a game of chance or a game of
skill?
All testimony shall be given under oath or affirmation. Any
citizen of this state shall have the opportunity to testify on
the merits of the petition. The commission may subpoena
witnesses to offer expert testimony. Upon conclusion of the
hearing, the commission shall evaluate the record of the hearing
and issue written findings of fact that shall be based
exclusively on the evidence and on matters officially noticed.
The commission shall then render a written decision on the merits
which shall contain findings of fact, conclusions of law and a
final commission order. The final commission order shall be
within thirty days of the hearing. Copies of the final
commission order shall be served on the petitioner by certified
or overnight express mail, postage prepaid, or by personal
delivery.
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