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CODE OF STATE REGULATIONS 1 ROBIN CARNAHAN (1/29/11) Secretary of State Rules of Department of Public Safety Division 45—Missouri Gaming Commission Chapter 5—Conduct of Gaming Title Page 11 CSR 45-5.010 Presumption of the Right of Patrons to Participate in Gambling Games ..............3 11 CSR 45-5.020 Posting of Address of Commission ..........................................................3 11 CSR 45-5.030 Participation in Gambling Games by a Holder of a Class A or Supplier License, and the Directors, Officers, Key Persons or Employees of Such Licensees ..........3 11 CSR 45-5.050 Authorized Games ..............................................................................3 11 CSR 45-5.051 Minimum Standards for Blackjack ..........................................................3 11 CSR 45-5.053 Policies ...........................................................................................4 11 CSR 45-5.056 Ethical Restrictions .............................................................................5 11 CSR 45-5.060 Publication of Rules and Payoff Schedules for All Permitted Games ..................7 11 CSR 45-5.065 Patrons Unlawfully on Excursion Gambling Boat— Not Eligible for Gambling Game Winnings ................................................7 11 CSR 45-5.070 Payout Percentage for Electronic Gaming Devices ........................................7 11 CSR 45-5.075 Payout Percentage for Table Games and Progressive Table Games ....................7 11 CSR 45-5.080 Authorized Suppliers ...........................................................................7 11 CSR 45-5.090 Submission of Chips for Review and Approval ............................................8 11 CSR 45-5.100 Chip Specifications .............................................................................8 11 CSR 45-5.110 Primary, Secondary and Reserve Sets of Gaming Chips .................................9 11 CSR 45-5.120 Issuance and Use of Tokens for Gaming in Electronic Gaming Devices..............9 11 CSR 45-5.130 Exchange of Chips and Tokens .............................................................10 11 CSR 45-5.140 Receipt of Gaming Chips or Tokens from Manufacturer ...............................10 11 CSR 45-5.150 Inventory of Chips and Tokens .............................................................10 11 CSR 45-5.160 Destruction of Chips and Tokens ...........................................................11

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Page 1: Rules of Department of Public Safety · 11 CSR 45-5.180 Tournament Chips and Tournaments ... 11 CSR 45-5.200 Progressive Slot Machines ... playing and betting strategy shall not be

CODE OF STATE REGULATIONS 1ROBIN CARNAHAN (1/29/11)Secretary of State

Rules of

Department of Public SafetyDivision 45—Missouri Gaming Commission

Chapter 5—Conduct of Gaming

Title Page

11 CSR 45-5.010 Presumption of the Right of Patrons to Participate in Gambling Games..............3

11 CSR 45-5.020 Posting of Address of Commission ..........................................................3

11 CSR 45-5.030 Participation in Gambling Games by a Holder of a Class A or Supplier License,and the Directors, Officers, Key Persons or Employees of Such Licensees ..........3

11 CSR 45-5.050 Authorized Games ..............................................................................3

11 CSR 45-5.051 Minimum Standards for Blackjack ..........................................................3

11 CSR 45-5.053 Policies ...........................................................................................4

11 CSR 45-5.056 Ethical Restrictions.............................................................................5

11 CSR 45-5.060 Publication of Rules and Payoff Schedules for All Permitted Games..................7

11 CSR 45-5.065 Patrons Unlawfully on Excursion Gambling Boat—Not Eligible for Gambling Game Winnings................................................7

11 CSR 45-5.070 Payout Percentage for Electronic Gaming Devices........................................7

11 CSR 45-5.075 Payout Percentage for Table Games and Progressive Table Games ....................7

11 CSR 45-5.080 Authorized Suppliers ...........................................................................7

11 CSR 45-5.090 Submission of Chips for Review and Approval............................................8

11 CSR 45-5.100 Chip Specifications .............................................................................8

11 CSR 45-5.110 Primary, Secondary and Reserve Sets of Gaming Chips.................................9

11 CSR 45-5.120 Issuance and Use of Tokens for Gaming in Electronic Gaming Devices..............9

11 CSR 45-5.130 Exchange of Chips and Tokens .............................................................10

11 CSR 45-5.140 Receipt of Gaming Chips or Tokens from Manufacturer ...............................10

11 CSR 45-5.150 Inventory of Chips and Tokens .............................................................10

11 CSR 45-5.160 Destruction of Chips and Tokens ...........................................................11

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2 CODE OF STATE REGULATIONS (1/29/11) ROBIN CARNAHAN

Secretary of State

11 CSR 45-5.170 Destruction of Counterfeit Chips and Tokens ............................................11

11 CSR 45-5.180 Tournament Chips and Tournaments.......................................................11

11 CSR 45-5.181 Promotional Activities........................................................................12

11 CSR 45-5.183 Table Game and Poker Cards—Specifications............................................13

11 CSR 45-5.184 Table Game Cards—Receipt, Storage, Inspections, and Removal from Use ........13

11 CSR 45-5.185 Poker Cards—Receipt, Storage, Inspections, and Removal from Use................15

11 CSR 45-5.190 Minimum Standards for Electronic Gaming Devices ...................................17

11 CSR 45-5.200 Progressive Slot Machines...................................................................18

11 CSR 45-5.210 Integrity of Electronic Gaming Devices...................................................21

11 CSR 45-5.220 Computer Monitoring Requirements of Electronic Gaming Devices.................23

11 CSR 45-5.230 Certification and Registration of Electronic Gaming Devices .........................23

11 CSR 45-5.235 Analysis of Questioned Electronic Gaming Devices ....................................24

11 CSR 45-5.237 Shipping of Electronic Gaming Devices, Gaming Equipment or Supplies ..........24

11 CSR 45-5.240 Periodic Payments.............................................................................24

11 CSR 45-5.250 Finder’s Fees...................................................................................25

11 CSR 45-5.260 Dice Specifications............................................................................25

11 CSR 45-5.265 Dice—Receipt, Storage, Inspections and Removal from Use ..........................26

11 CSR 45-5.270 Safety Standards for Electronic Gaming Devices........................................27

11 CSR 45-5.280 Forfeiture of Illegal Winnings...............................................................28

11 CSR 45-5.290 Bingo Games...................................................................................28

11 CSR 45-5.300 Progressive Table Games ....................................................................28

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Title 11—DEPARTMENT OFPUBLIC SAFETY

Division 45—Missouri GamingCommission

Chapter 5—Conduct of Gaming

11 CSR 45-5.010 Presumption of the Rightof Patrons to Participate in GamblingGames

PURPOSE: This rule establishes the generalright of a patron to participate in gamblinggames unless such patron engages in unlaw-ful or disruptive conduct.

(1) Unless otherwise authorized by sections313.800, RSMo et seq., as amended fromtime-to-time, and 11 CSR 45-1 et seq., asamended from time-to-time (collectively, the“Riverboat Gambling Act and Regulations”),no licensee may deny a patron the right toplay a table game that involves playing cardsand which is offered to the general public. Apatron may be denied such right if the patronengages in unlawful or disruptive conduct.The licensee shall notify a commission agentprior to removing such patron.

AUTHORITY: sections 313.004 and 313.805,RSMo 1994.* Original rule filed Dec. 17,1999, effective Aug. 30, 2000.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1992, 1993, 1994.

11 CSR 45-5.020 Posting of Address ofCommission

PURPOSE: This rule requires the posting ofthe commission’s address.

(1) Each licensed gaming establishment shallconspicuously post on the premises theaddress of the commission in a manner pre-scribed by the commission.

AUTHORITY: sections 313.004 and 313.805,RSMo Supp. 1993.* Emergency rule filedSept. 1, 1993, effective Sept. 20, 1993,expired Jan. 17, 1994. Emergency rule filedJan. 5, 1994, effective Jan. 18, 1994, expiredJan. 30, 1994. Original rule filed Sept. 1,1993, effective Jan. 31, 1994.

*Original authority: 313.004, RSMo 1993 and 313.805,RSMo 1991, amended 1993.

11 CSR 45-5.030 Participation in Gam-bling Games by a Holder of a Class A orSupplier License, and the Directors, Offi-cers, Key Persons or Employees of SuchLicensees

PURPOSE: This rule establishes standardsfor participation in games for certain people.

(1) No holder of a Class A license or anydirector, officer, key person or any otheremployee of any licensed riverboat gamingoperation shall play or be permitted to playany gambling game in the establishmentwhere the person is so licensed or employed.

(2) No holder of a supplier’s license or anydirector, officer, key person or any otheremployee of a supplier licensee shall play orbe permitted to play on an excursion gam-bling boat any gambling game which the sup-plier licensee provides under the authority ofthe license.

AUTHORITY: sections 313.004, 313.805 and313.807, RSMo 2000.* Emergency rule filedSept. 1, 1993, effective Sept. 20, 1993,expired Jan. 17, 1994. Emergency rule filedJan. 5, 1994, effective Jan. 18, 1994, expiredJan. 30, 1994. Original rule filed Sept. 1,1993, effective Jan. 31, 1994. Amended:Filed May 13, 1998, effective Oct. 30, 1998.Amended: Filed Feb. 26, 2001, effective Sept.30, 2001.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994, 2000; and313.807, RSMo 1991, amended 1993, 2000.

11 CSR 45-5.050 Authorized Games

PURPOSE: This rule establishes the list ofauthorized games.

(1) No holder of a Class A license shall per-mit any game to be played other than thoseapproved by the commission. For each game,the holder of a Class A license shall providea set of game rules to the commission onehundred twenty (120) days in advance of thegame’s operation or within a time period asthe commission may designate and thesegames must be approved by the commission.Changes in permissible rules must be submit-ted in writing and approved by the commis-sion prior to implementation.

AUTHORITY: sections 313.004 and 313.805,RSMo 1994 and 313.807, RSMo Supp.1997.* Emergency rule filed Sept. 1, 1993,effective Sept. 20, 1993, expired Jan. 17,1994. Emergency rule filed Jan. 5, 1994,

effective Jan. 18, 1994, expired Jan. 30,1994. Original rule filed Sept. 1, 1993, effec-tive Jan. 31, 1994. Amended: Filed June 2,1995, effective Dec. 30, 1995. Amended:Filed June 25, 1996, effective Feb. 28, 1997.Amended: Filed Feb. 19, 1998, effective Aug.30, 1998. Amended: Filed May 13, 1998,effective Oct. 30, 1998.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994; and 313.807,RSMo 1991, amended 1993, 1994.

11 CSR 45-5.051 Minimum Standards forBlackjack

PURPOSE: This rule establishes a set of min-imum standards for the game of Blackjack.

(1) The following words and terms, whenused in this rule, shall have the followingmeanings unless the context clearly indicatesotherwise.

(A) “Bart Carter Shuffle” means the shuf-fling procedure whereby approximately onedeck of cards is shuffled after being dealt,segregated into separate stacks and each stackis inserted into pre-marked locations withinthe remaining decks contained in the dealingshoe.

(B) “Determinant card” means the firstcard drawn for each round of play to deter-mine from which side of the two (2)-com-partment dealing shoe the cards for that handshall be dealt.

(C) “Double shoe” means a dealing shoethat has two (2) adjacent compartments inwhich cards are stacked separately and whichpermits cards to be dealt from only one (1)compartment at any given time.

(2) A person who, without the assistance ofanother person or without the use of a physi-cal aid or device of any kind, uses the abilityto keep track of the value of cards played inBlackjack and uses predictions formed as aresult of the tracking information in his/herplaying and betting strategy shall not be con-sidered to be cheating.

(3) A Class B licensee may implement any ofthe following options at a Blackjack tableprovided that the casino licensee complieswith the notice requirements contained in 11CSR 45-5.060:

(A) Persons who have not made a wager onthe first round of play may not enter the gameon a subsequent round of play until a reshuf-fle of the cards has occurred;

(B) Persons who have not made a wager onthe first round of play may be permitted to

CODE OF STATE REGULATIONS 3ROBIN CARNAHAN (1/29/11)Secretary of State

Chapter 5—Conduct of Gaming 11 CSR 45-5

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enter the game, but may be limited to wager-ing only the minimum limit posted at thetable until a reshuffle of the cards hasoccurred;

(C) Persons who, after making a wager ona given round of play, decline to wager on anysubsequent round of play may be precludedfrom placing any further wagers until areshuffle of the cards has occurred;

(D) Persons who, after making a wager ona given round of play, decline to wager on anysubsequent round of play may be permitted toplace further wagers, but may be limited towagering only the minimum limit posted atthe table until a reshuffle of the cards hasoccurred; and

(E) Use a double shoe with a determinatecard that selects which shoe to deal from dur-ing a particular hand.

(4) If a Class B licensee implements any ofthe options in section (3) of this rule, theoption shall be uniformly applied to all per-sons at the table; provided, however that if aClass B licensee has implemented either ofthe options in subsection (3)(C) or (D) of thisrule, an exception may be made for a patronwho temporarily leaves the table if, at thetime the patron leaves, the Class B licenseeagrees to reserve the patron’s spot until his orher return.

(5) Immediately prior to the commencementof play and after any shuffle of the cards, thedealer shall require that the cards be cut in amanner set forth in the Class B licensee’sinternal controls as approved by the commis-sion. Such internal controls shall be subjectto the following conditions:

(A) If the “Bart Carter Shuffle” is utilizedand the cards in the discard rack exceedapproximately one (1) deck in number, thedealer shall continue dealing the cards untilthat round of play is completed after which heshall remove the cards from the discard rackand shuffle those cards so that they are ran-domly intermixed. After the cards taken fromthe discard rack are shuffled, they shall besplit into three (3) separate stacks and eachstack shall be inserted into pre-marked loca-tions within the remaining decks contained inthe dealing shoe.

(6) A floor supervisor or above may directthe dealer to shuffle the cards after any roundof play is completed and all wagers have beenresolved.

(7) After the cards have been cut and beforeany cards have been dealt, a floor supervisormay require the cards to be recut if he or shedetermines that the cut was performed

improperly or in any way that might affect theintegrity or fairness of the game. If a recut isrequired, the cards shall be recut, at the ClassB licensee’s option, by the player who last cutthe cards, or by the next person entitled to cutthe cards, as determined by the Class Blicensee’s internal controls.

AUTHORITY: section 313.004, RSMo 2000and section 313.805, RSMo Supp. 2010.*Original rule filed Dec. 17, 1999, effectiveAug. 30, 2000. Amended: Filed Feb. 28,2007, effective Oct. 30, 2007. Amended:Filed July 28, 2010, effective Feb. 28, 2011.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994, 2000, 2008,2010.

11 CSR 45-5.053 Policies

PURPOSE: The commission proposes todivide existing rule 11 CSR 45-5.050 Autho-rized Games and Policies into separate rulesfor Authorized Games, 11 CSR 45-5.050 andPolicies, 11 CSR 45-5.053.

(1) A holder of a Class A license shall com-ply with all federal regulations and require-ments for the withholding of taxes from win-nings and the filing of currency transactionreports.

(2) It is the policy of the commission torequire that all riverboats and gaming con-ducted on riverboats be operated in a mannersuitable to protect the public health, safety,morals, good order and general welfare ofMissouri. Responsibility for the employmentand maintenance of suitable methods of oper-ation rests with the holder of a operator’slicense and willful or persistent use or toler-ation of methods of operation deemed unsuit-able will constitute grounds for disciplinaryaction, up to and including license revoca-tion.

(3) The holder of a Class A license isexpressly prohibited from the following activ-ities:

(A) Failing to exercise discretion and goodjudgment to prevent incidents which mightreflect on the repute of the state of Missouriand act as a detriment to the development ofthe industry, including allowing lewd enter-tainment on a boat;

(B) Permitting persons who are visiblyintoxicated to participate in gaming activity;

(C) Failing to conduct advertising and pub-lic relations activities in accordance withdecency, dignity, good taste and honest andfair representation;

(D) Failing to comply with or make provi-sion for compliance with all federal, state andlocal laws and regulations pertaining to theoperation of a license, including payinglicense fees, withholding payroll taxes andviolating alcoholic beverage laws or rules;

(E) Catering to, assisting, employing orassociating with, either socially or in busi-ness affairs, persons of notorious or unsavoryreputation or who have felony police records,or the employing either directly through acontract or other means, of any firm or indi-vidual in any capacity where the repute of thestate of Missouri or the gaming industry isliable to be damaged because of the unsuit-ability of the firm or the individual;

(F) Permitting to remain in, or upon anylicensed premises, any associated gamblingequipment (primarily, but not limited to,cards or dice), which may have in any man-ner been marked, tampered with or otherwiseplaced in a condition or operated in a mannerwhich might affect the game and its payouts;

(G) Permitting, if the Class A licensee wasaware or should have been aware of, anycheating whatsoever;

(H) Permitting to remain in or upon anylicensed premises, any cheating device what-soever; or conducting, carrying on, operatingor dealing any cheating or thieving game ordevice on the premises;

(I) Permitting to remain in or upon anylicensed premises, if the Class A licensee wasaware, or should have been aware of, anygambling device which tends to alter the nor-mal random selection of criteria which deter-mines the results of the game or deceives thepublic in any way;

(J) Failing to conduct gaming operations inaccordance with proper standards of custom,decorum and decency; or to permit any typeof conduct on the riverboat which reflectsnegatively on the repute of the state of Mis-souri or acts as a detriment to the gamingindustry;

(K) Denying a commissioner or commis-sion agent, access to, for inspection purpos-es, any portion or aspect of the riverboat orattendant shore facilities;

(L) Denying a commissioner or commis-sion agent, information concerning anyaspect of the riverboat operation;

(M) Failing to report to the commissionknown or suspected violations of commissionrules and applicable law; and

(N) Lending to any person money or anyother thing of value for the purpose of per-mitting that person to wager on any autho-rized gambling game. Any licensee who vio-lates 11 CSR 45-5.053(3)(N) shall be subjectto an administrative penalty of five thousanddollars ($5,000) for each violation.

4 CODE OF STATE REGULATIONS (1/29/11) ROBIN CARNAHAN

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

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(4) No person shall use, or possess with theintent to use, any calculator, computer orother electronic, electrical or mechanicaldevice at any table game that—

(A) Assists in projecting the outcome of agame;

(B) Keeps track of cards that have beendealt;

(C) Keeps track of changing probabilities;or

(D) Keeps track of playing strategies beingutilized, except as permitted by the commis-sion.

(5) Wagers may only be made—(A) By a person present on a licensed gam-

bling boat;(B) By persons twenty-one (21) years of

age or older; and(C) At the times allowed by the commis-

sion.

AUTHORITY: sections 313.004 and 313.807,RSMo 2000 and section 313.805, RSMoSupp. 2008.* Original rule filed Feb. 19,1998, effective Aug. 30, 1998. Amended:Filed May 13, 1998, effective Jan. 30, 1999.Amended: Filed March 1, 2000, effectiveSept. 30, 2000. Emergency amendment filedOct. 29, 2008, effective Nov. 15, 2008,expired May 13, 2009. Amended: Filed Oct.29, 2008, effective April 30, 2009.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994, 2000, 2008;and 313.807, RSMo 1991, amended 1993, 2000.

11 CSR 45-5.056 Ethical Restrictions

PURPOSE: This rule establishes ethicalrestrictions for gambling licensees.

(1) For purposes of this 11 CSR 45-5.056—(A) “Affiliate” shall be defined as any enti-

ty with a parent company that is a holder ofor applicant for a Class A or supplier’slicense, or any entity that shares a commonparent company with a holder of or applicantfor a Class A or supplier’s license;

(B) “Appointed official” shall be definedas any employee or agent of a governmentalentity who holds a position with discretionaryauthority to take or vote on the followingactions:

1. Promulgation of ordinances, rules orregulations with the effect of law that areapplicable to the operations of a holder of orapplicant for a Class A or supplier’s license;

2. Granting of governmental approvals,licenses or certifications to a holder of orapplicant for a Class A or supplier’s license;

3. Enforcement of statutes or of ordi-nances, rules or regulations with the effect of

law against a holder of or applicant for aClass A or supplier’s license or at a riverboatgaming operation; provided that, in the caseof law enforcement personnel, such personmust a) actually exercise such authority; b)be specifically assigned by the governmentalentity to exercise such authority; or c) holdthe power to assign such personnel to exercisesuch authority; and

4. Entering into any contract or agree-ment between the governmental entity and aholder of or applicant for a Class A or sup-plier’s license;

(C) “Commission representative” shall bedefined as any member, employee or agent ofthe commission or any employee of the statehighway patrol designated by the superinten-dent of the highway patrol to have direct reg-ulatory authority related to excursion gam-bling boats or any employee of the stateattorney general’s office designated by thestate attorney general to have direct regulato-ry authority related to excursion gamblingboats;

(D) “Direct gaming activity” shall bedefined as the management of a casino, theoperation of gambling games, the receipt ofwagers as part of such games, the payment ofwinnings to wagerers involved in such games,and the providing of gaming equipment orsupplies;

(E) “Direct ownership interest” shall bedefined as any financial interest, equitableinterest, beneficial interest, or ownershipcontrol held by the government official, orsuch person’s family member related withinthe second degree of consanguinity or affini-ty, in an excursion gambling boat operation;in any holder of or applicant for a Class A orsupplier’s license; or in any holding companyor affiliate company of a holder of or appli-cant for a Class A or supplier’s license; pro-vided that a direct ownership interest shallnot include any equity interest purchased atfair market value, or equity interest receivedas consideration for goods and services pro-vided at fair market value, of less than onepercent (1%) of the total outstanding sharesof stock of any publicly traded corporation orcertificates of partnership of any limited part-nership which is listed on a regulated stockexchange or automated quotation system;

(F) “Direct regulatory authority” shall bedefined as any role in the enforcement of theRiverboat Gambling Act and the regulationspromulgated thereunder;

(G) “Employ” shall be defined as any ofthe following:

1. Hiring a person as an employee; 2. Engaging the services of a person

with knowledge or reason to believe that theperson’s employer provides consideration to

the person that is derived from or contingentupon consideration paid to that employer forthe services provided; or

3. Engaging the services of an entitycontrolled by a person with knowledge or rea-son to believe that the person will receiveconsideration that is derived from or contin-gent upon consideration paid to the entity forthe services provided, in which case the con-trolling person is “employed”;

(H) “Ex parte communication” shall bedefined as direct or indirect communicationby any holder of or applicant for a Class A orsupplier’s license, or any representative oragent of such license holder or applicant,with any commission member regarding anymatters under the jurisdiction of the commis-sion related to the respective holder of orapplicant for a Class A or supplier’s license,unless such communications take place dur-ing an official commission or commissioncommittee meeting, or, if written, are provid-ed to all other commission members withinfive (5) days of the initial communication andprior to any commission action on the matter.The following shall not be defined as ex partecommunication:

1. Any written communicationaddressed and sent to all commission mem-bers;

2. Any communication taking place ata meeting of a governmental entity subject tothe Missouri Open Meetings Act, including,but not limited to, meetings of the commis-sion or any committee of the commission;

3. Any communication with employ-ees or agents of the commission who are notcommission members, including any suchcommunication that may also involve a com-mission member as a participant, providedthat, if a commission member does partici-pate in such communication, this exemptionshall apply only if the holder of or applicantfor a Class A or supplier’s license summarizes, reduces to writing and dis-tributes such writing to all commission mem-bers within five (5) days of the communica-tion and prior to any commission action onthe matter; and

4. Any communication between acommission member and a government offi-cial;

(I) “Government official” shall be definedas any of the following:

1. A commission representative;2. A member of the General Assem-

bly; or 3. An elected official or an appointed

official of the state of Missouri or of any Mis-souri city or county in which the licensing ofexcursion gambling boats has been approvedin either the city or county or both;

CODE OF STATE REGULATIONS 5ROBIN CARNAHAN (1/29/11)Secretary of State

Chapter 5—Conduct of Gaming 11 CSR 45-5

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(J) “Parent company” shall be defined as aholding company defined in 11 CSR 45-10.040(7)(B) or as any other entity which,directly or indirectly through one or moreintermediaries, possesses the power to director cause the direction of the management andpolicies of a person, whether through theownership of voting shares, by contract orotherwise; and

(K) “Representative or agent” of a licenseholder or applicant shall be defined as a keyperson or occupational licensee employee ofthe license holder or applicant or any indi-vidual who acts as a common law agent onbehalf of the license holder or applicantbefore the commission, such as an attorney,accountant or lobbyist.

(2) No holder of or applicant for a Class A orsupplier’s license may have a contractualrelationship involving, as a party or agent ofa party, a person who is a government officialat the time of the relationship or who hasbeen a government official within (2) twoyears prior to the relationship, if such con-tractual relationship is one in which anyaspect of direct gaming activity is included inthe duties or obligations of the governmentofficial, former government official or theparty for which he or she acts as an agent.

(3) No holder of or applicant for a Class A orsupplier’s license, or any representative oragent of such license holder or applicant, mayenter into any contractual relationship withany commission representative in which thecommission representative receives consider-ation that is above fair market value.

(4) No holder of or applicant for a Class A orsupplier’s license may employ or offer toemploy a person, or the spouse or dependentchild of such a person, who is a governmentofficial at the time of such employment oroffer, or who has been a government officialwithin two (2) years prior to such employ-ment or offer.

(5) No holder of or applicant for a Class A orsupplier’s license, or any representative oragent of such license holder or applicant, mayattempt to influence any official action of agovernment official by reason of offering toemploy any person; provided that this 11CSR 45-5.056(5) shall not prohibit offeringemployment to any person who has been rec-ommended for employment by a governmentofficial, if the offer of employment is not anattempt to influence a specific official actionof that government official.

(6) No representative or agent of a holder ofor applicant for a Class A or supplier’s

license, may employ or offer employment toany commission representative.

(7) No holder of or applicant for a Class A orsupplier’s license may knowingly offer adirect ownership interest to or allow a directownership interest to be held by a person whois a government official at the time of holdingsuch direct ownership interest or who hasbeen a government official within two (2)years prior to holding such direct ownershipinterest; provided that knowledge of a brokeror transfer agent for a publicly traded licenseholder or applicant shall not be imputed tosuch license holder or applicant for purposesof this 11 CSR 45-5.056(7).

(8) No holder of or applicant for a Class A orsupplier’s license, or any representative oragent of such license holder or applicant, mayoffer any gift to any commission representa-tive or to any peace officer of any city orcounty which has approved gambling gameson excursion gambling boats pursuant to sec-tion 313.812.10, RSMo.

(9) No holder of or applicant for a Class A orsupplier’s license, or any representative oragent of such license holder or applicant, mayknowingly engage in ex parte communicationwith any commission member.

(10) No holder of or applicant for a Class Aor supplier’s license or any representative oragent of such license holder or applicant, mayoffer, promise, or give anything of value orbenefit to a person who is connected with aClass A licensee including, but not limitedto, an officer or employee of a licensee orholder of an occupational license, pursuant toan agreement or arrangement or with theintent that the promise or thing of value orbenefit will influence the actions of the per-son to whom the offer, promise or gift wasmade in order to affect or attempt to affectthe outcome of a gambling game, or to influ-ence official action of a member of the com-mission.

(11) No holder of or applicant for a Class Aor supplier’s license or any representative oragent of such license holder or applicant, maysolicit or knowingly accept or receive apromise of anything of value or benefit whilethe person is connected with an excursiongambling boat including, but not limited to,an officer or employee of a licensee or hold-er of an occupational license, pursuant to anagreement or arrangement or with the intentthat the promise or thing of value or benefitwill influence the actions of the person toaffect or attempt to affect the outcome of agambling game, or to influence official actionof a member of the commission.

(12) No holder of or applicant for a Class Aor supplier’s license or any representative oragent of such license holder or applicant maysolicit, suggest, request or recommend to anyindividual or entity the appointment of anycommission representative to any office,place, position or employment.

(13) No holder of or applicant for a Class Aor supplier’s license or any representative oragent of such license holder or applicant mayhire or utilize the services of a commissionrepresentative or a person who has been acommission representative within the previ-ous two (2) years as a representative or agentof the holder of or applicant for a Class A orsupplier’s license.

(14) No holder of or applicant for a Class Aor supplier’s license may enter into anyscheme or arrangement through which one ormore of the relationships, transactions oractivities prohibited by this 11 CSR 45-5.056is knowingly effected through an affiliate orparent company of the applicant or licenseholder in an attempt to circumvent the provi-sions of this 11 CSR 45-5.056.

(15) Notwithstanding sections 11 CSR 45-5.056(1) through (14), this 11 CSR 45-5.056shall not prohibit any applicant or licenseefrom—

(A) Allowing any person to engage in legalgaming activity as a patron of a casino;

(B) Charging an admission fee to any per-son to enter a gaming establishment; or

(C) Entering into an agreement with thestate, any political subdivision of the state orany other governmental entity that is other-wise legal and that has been disclosed to thecommission within ten (10) days of consum-mation; including, but not limited to, agree-ments for the reimbursement of expensesincurred by a governmental entity for servicesof agents or employees of that entity acting intheir official capacities.

AUTHORITY: sections 313.800, 313.805,313.812 and 313.830, RSMo 1994.* Originalrule filed Feb. 19, 1998, effective Aug. 30,1998. Amended: Filed May 13,1998, effec-tive Jan. 30, 1999. Amended: Filed Nov. 12,1998, effective June 30, 1999.

*Original authority: 313.800, RSMo 1991, amended 1993,1994; 313.805, RSMo 1991, 1993, 1994; 313.812, RSMo1991, amended 1993, 1994, 1995; and 313.830, RSMo1991, amended 1993.

6 CODE OF STATE REGULATIONS (1/29/11) ROBIN CARNAHAN

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

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11 CSR 45-5.060 Publication of Rules andPayoff Schedules for All Permitted Games

PURPOSE: This rule establishes proceduresfor publication of rules and payoff schedulesfor all permitted games.

(1) A holder of a Class A license shall pro-vide in printed form, to all patrons whorequest one, the rule and accurate payoffschedules for each game in the area in whichthe game is played. The license holder(s)shall make payment in strict accordance withthe published payoff schedules. Payoff sched-ules must accurately state actual payoffsapplicable to a particular game or device andshall not be worded in a manner so as to mis-lead the public. Maintenance of any mislead-ing or deceptive matter on any payoff sched-ule or failure on the part of a Class A licenseeto make payment in strict accordance with thepublished payoff schedules may be deemed anunsuitable method of operation. This formshall be posted in a conspicuous position onthe boat.

AUTHORITY: sections 313.004 and 313.805RSMo 1994 and 313.807, RSMo Supp.1997.* Emergency rule filed Sept. 1, 1993,effective Sept. 20, 1993, expired Jan. 17,1994. Emergency rule filed Jan. 5, 1994,effective Jan. 18, 1994, expired Jan. 30,1994. Original rule filed Sept. 1, 1993, effec-tive Jan. 31, 1994. Amended: Filed May 13,1998, effective Oct. 30, 1998.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994; and 313.807,RSMo 1991, amended 1993, 1994.

11 CSR 45-5.065 Patrons Unlawfully onExcursion Gambling Boat—Not Eligiblefor Gambling Game Winnings

PURPOSE: This rule establishes a procedurefor denying a patron that is unlawfully on thecasino floor from claiming winnings from agambling game.

(1) As used in this rule, “gambling game pay-out” means any money, merchandise or thingof value that, according to the rules of thegambling game that have been approved bythe commission, is to be paid to a patronbecause of a specific combination(s) of char-acters or symbols on an electronic gamingdevice or a specific result in a table game.

(2) Patrons that are excluded from excursiongambling boats pursuant to 11 CSR 45-10.115, 11 CSR 45-15 et seq., 11 CSR 45-17et seq., patrons who are under twenty-one(21) years of age and patrons who are other-

wise illegally on the excursion gambling boatare not eligible to claim gambling game pay-outs.

(3) If, prior to awarding a gambling gamepayout, a licensee learns that the patronattempting to claim the winnings fits the cri-teria in section (2) of this rule, the licenseeshall immediately notify a commission agent.The commission agent shall require thepatron to produce positive photo identifica-tion. If the commission agent determines thatthe patron fits the criteria set forth in section(2) of this rule, he shall order the licensee toreturn the wager to the patron and deny thepatron the proceeds of the gambling gamepayout. The agent shall then escort the patronoff the excursion gambling boat and shall takeenforcement action as deemed appropriate oras mandated by law. For accounting purpos-es, the proceeds of the gambling game payoutshall be treated as though the wager had notbeen made.

AUTHORITY: sections 313.004, 313.805,313.817, and 313.822, RSMo 2000.* Originalrule filed Dec. 27, 2000, effective July 30,2001.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994, 2000;313.817, RSMo 1991, amended 1993, 2000; 313.822,RSMo 1991, amended 1993, 2000.

11 CSR 45-5.070 Payout Percentage forElectronic Gaming Devices

PURPOSE: This rule establishes the payoutpercentage for electronic gaming devices.

(1) A holder of a Class A license shall by thetenth day of each calendar month display atthe patron entrance to the gaming floor andon the front of the main cashier cage the actu-al aggregate payout percentage to the nearestone-tenth (0.1%) percent of all the electronicgaming devices in operation during the previ-ous month. The commission may require thatClass A licensees display with the actualaggregate payout percentage a reference tothe commission Internet website where addi-tional information will be made available onpayout percentages by denomination.

AUTHORITY: sections 313.004 and 313.805,RSMo 2000.* Emergency rule filed Sept. 1,1993, effective Sept. 20, 1993, expired Jan.17, 1994. Emergency rule filed Jan. 5, 1994,effective Jan. 18, 1994, expired Jan. 30,1994. Original rule filed Sept. 1, 1993, effec-tive Jan. 31, 1994. Amended: Filed May 13,1998, effective Oct. 30, 1998. Amended:

Filed March 1, 2002, effective Sept. 30,2002.

*Original authority: 313.004, RSMo 1993, amended 1994and 313.805, RSMo 1991, amended 1993, 1994, 2000.

11 CSR 45-5.075 Payout Percentage forTable Games and Progressive Table Games

PURPOSE: This rule establishes minimumpayout percentages for progressive wagers ontable games.

(1) Table games shall have a minimum theo-retical return to players of seventy percent(70%) of the total amount wagered and amaximum theoretical hold distributed to theClass B licensee of thirty percent (30%). Thecomputation of the theoretical return to play-er and hold shall be based on the optimumplayer strategy for the game and use general-ly accepted mathematical analysis techniques.

(2) Table games progressive wagers shallhave a minimum theoretical return to playersof seventy percent (70%) of the amountwagered and a maximum theoretical hold dis-tributed to the Class B licensee of thirty per-cent (30%). Table games that include pro-gressive jackpots shall include a progressivemeter, visible to the public. If any part of thedistribution to the progressive jackpot(s) isbeing used to fund a secondary jackpot, visi-ble signage informing players of this supple-mental distribution must be placed in theimmediate area of the table. The existence ofprogressive jackpots and the distributions tothose jackpots shall be set forth in the “rulesof the game” within a licensee’s internal con-trols for each game having a progressive jack-pot(s).

(3) Any table game not meeting these distri-bution requirements shall be deemed anunauthorized gambling game.

AUTHORITY: sections 313.004 and 313.807,RSMo 2000 and section 313.805, RSMoSupp. 2010.* Original rule filed May 10,2000, effective Nov. 30, 2000. Amended:Filed March 1, 2002, effective Sept. 30,2002. Amended: Filed July 28, 2010, effectiveFeb. 28, 2011.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994, 2000, 2008,2010; 313.807, RSMo 1991, amended 1992, 1993, 2000.

11 CSR 45-5.080 Authorized Suppliers

PURPOSE: This rule establishes authorizedsuppliers.

CODE OF STATE REGULATIONS 7ROBIN CARNAHAN (1/29/11)Secretary of State

Chapter 5—Conduct of Gaming 11 CSR 45-5

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(1) Chips, tokens, dice, playing cards andelectronic gaming devices may only be pur-chased from a licensed supplier of thoseitems.

AUTHORITY: sections 313.004, 313.805, and313.807, RSMo Supp. 1993.* Emergency rulefiled Sept. 1, 1993, effective Sept. 20, 1993,expired Jan. 17, 1994. Emergency rule filedJan. 5, 1994, effective Jan. 18, 1994, expiredJan. 30, 1994. Original rule filed Sept. 1,1993, effective Jan. 31, 1994.

*Original authority: 313.004, RSMo 1993 and 313.805and 313.807, RSMo 1991, amended 1993.

11 CSR 45-5.090 Submission of Chips forReview and Approval

PURPOSE: This rule establishes process forsubmission of chips for review and approval.

(1) Each holder of a Class A license shallsubmit to the commission for approval a sam-ple of each denomination of value and nonva-lue chips in its primary and secondary setsand shall not utilize these chips for gamingpurposes until approved in writing by thecommission.

(A) In requesting approval of these chips, aholder of a Class A license prior to havingthe chips manufactured, shall first submit tothe commission a detailed schematic of itsproposed chips, and a sample chip, whichshall show the front, back and edge of eachdenomination of value chip and each nonval-ue chip and the design and wording to be con-tained on the chip, all of which shall bedepicted on the schematic or chip as they willappear, both as to size and location, on theactual chip. Once the design schematics orchip is approved by the commission, no valueor nonvalue chip shall be issued or utilizedunless and until a sample of each denomina-tion of value chip and each color of nonvaluechip is also submitted to and approved by thecommission.

(B) The name and address of the manufac-turer shall be provided to the commission.

(C) No holder of a Class A license or otherperson licensed by the commission shall man-ufacture for, sell to, distribute to or use in anycasino outside of Missouri, any value or non-value chips having the same edge design asthose approved for use in Missouri.

AUTHORITY: sections 313.004 and 313.805RSMo 1994 and 313.807, RSMo Supp 1997.*Emergency rule filed Sept. 1, 1993, effectiveSept. 20, 1993, expired Jan. 17, 1994. Emer-gency rule filed Jan. 5, 1994, effective Jan.18, 1994, expired Jan. 30, 1994. Original

rule filed Sept. 1, 1993, effective Jan. 31,1994. Amended: Filed June 2, 1995, effectiveDec. 30, 1995. Amended: Filed May 13,1998, effective Oct. 30, 1998.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994; and 313.807,RSMo 1991, amended 1993.

11 CSR 45-5.100 Chip Specifications

PURPOSE: This rule establishes chip specifi-cations.

(1) Value Chips. (A) Each chip issued by a holder of a Class

B license shall be round in shape, have clear-ly and permanently impressed, engraved orimprinted on it the name of the riverboat andthe specific value of the chip, and at least onone (1) side of the chip, the city or otherlocality and the state where the establishmentis located and the manufacturer’s name or adistinctive logo or other mark identifying themanufacturer, except that a holder of a ClassB license may issue gaming chips without avalue impressed, engraved or imprinted on itfor roulette. Chips with a value contained onthem shall be known as value chips and chipswithout a value contained on them shall beknown as nonvalue chips.

(B) Unless otherwise authorized by thecommission, value chips may be issued byClass B licensees in denominations of fiftycents, one, two, two and one-half, five, twen-ty-five, one hundred, five hundred, one thou-sand, five thousand, and ten thousand dollars(50¢, $1, $2, $2.50, $5, $25, $100, $500,$1,000, $5,000 and $10,000). The licenseesshall have the discretion to determine thedenominations to be utilized on its riverboatand the amount of each denomination neces-sary for the conduct of gaming operations.

(C) Each denomination of value chip shallhave a different primary color from everyother denomination of value chip. Unless oth-erwise approved by the commission, valuechips shall fall within the colors set forth inthis subsection when the chips are viewedboth in daylight and under incandescent light.In conjunction with these primary colors,each holder of a Class B license shall utilizecontrasting secondary colors for the edgespots on each denomination of value chip.Unless otherwise approved by the commis-sion, no holder of a Class B license shall usea secondary color on a specific denominationof chip identical to the secondary color usedby another holder of a Class B license on thatsame denomination of value chip. The prima-ry color to be utilized by each holder of a

Class B license for each denomination ofvalue chip shall be—

1. 50¢ Pink2. $ 1 White3. $ 2 Beige4. $2.50 Blue5. $ 5 Red6. $ 25 Green7. $100 Black8. $500 Fire Orange9. $1,000 Purple10. $5,000 Gray11. $10,000 Yellow

(D) Each denomination of value chip uti-lized by a holder of a Class B license unlessotherwise authorized by the commission,shall—

1. Have its center portion impressed,engraved or imprinted with the value of thechip and the riverboat issuing it and utilize adifferent shape for each denomination;

2. Be designed so as to be able to deter-mine on surveillance closed circuit televisionthe specific denomination of a chip whenplaced in a stack of chips of other denomina-tions; and

3. Be designed, manufactured and con-structed so as to prevent, to the greatestextent possible, the counterfeiting of valuechips.

(2) Nonvalue Chips. (A) Each nonvalue chip utilized by a river-

boat shall be issued solely for the purpose ofgaming at roulette. The nonvalue chip(s) ateach roulette table shall—

1. Have the name of the riverboat issu-ing it molded into its center;

2. Contain a design, insert or symboldifferentiating it from the nonvalue chipsbeing used at every other roulette table in theriverboat;

3. Have “Roulette” impressed on it; and 4. Be designed, manufactured and con-

structed so as to prevent, to the greatestextent possible, the counterfeiting of thesechips.

(B) Nonvalue chips issued at a roulettetable shall only be used for gaming at thattable and shall not be used for gaming at anyother table in the riverboat, nor shall anyholder of a Class B license or its employeesallow any riverboat patron to remove nonval-ue chips permanently from the table fromwhich they were issued.

(C) No person at a roulette table shall beissued or permitted to game with nonvaluechips that are identical in color and design tovalue chips or to nonvalue chips being usedby another person at the same table. When apatron purchases nonvalue chips, a nonvaluechip of the same color shall be placed in a

8 CODE OF STATE REGULATIONS (1/29/11) ROBIN CARNAHAN

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

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slot or receptacle attached to the outer rim ofthe roulette wheel. At that time, a markerdenoting the value of a stack of twenty (20)chips of that color shall be placed in the slotor receptacle.

(D) Nonvalue chips shall only be present-ed for redemption at the table from whichthey were issued and shall not be redeemedor exchanged at any other location in theriverboat gaming operation. When so pre-sented, the dealer at the issuing table shallexchange them for an equivalent amount ofvalue chips which may then be used by thepatron in gaming or redeemed as any othervalue chips.

(E) Each holder of a Class B license shallhave the discretion to permit, limit or prohib-it the use of value chips in gaming at rouletteprovided, however, that it shall be the respon-sibility of the licensee to keep an accurateaccount of the wagers being made at roulettewith value chips so that the wagers made byone player are not confused with those madeby another player at the table.

AUTHORITY: section 313.004, RSMo 2000and sections 313.805 and 313.817, RSMoSupp. 2008.* Emergency rule filed Sept. 1,1993, effective Sept. 20, 1993, expired Jan.17, 1994. Emergency rule filed Jan. 5, 1994,effective Jan. 18, 1994, expired Jan. 30,1994. Original rule filed Sept. 1, 1993, effec-tive Jan. 31, 1994. Amended: Filed May 13,1998, effective Oct. 30, 1998. Amended:Filed April 3, 2001, effective Oct. 30, 2001.Amended: Filed Oct. 29, 2008, effective April30, 2009. Amended: Filed June 30, 2009,effective Jan. 30, 2010.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994, 2000, 2008;and 313.817, RSMo 1991, amended 1993, 2000, 2008.

11 CSR 45-5.110 Primary, Secondary andReserve Sets of Gaming Chips

PURPOSE: This rule establishes the processfor having primary, secondary and reservesets of gaming chips.

(1) Unless otherwise authorized by the com-mission, each riverboat shall have a primaryset of value chips, a separate secondary set ofvalue chips and a nonvalue chip reservewhich shall conform to the color and designspecifications set forth in 11 CSR 45-5.100.An approved secondary set of value chips andreserve nonvalue chips shall be placed intoactive play whenever the primary set isremoved.

(A) The secondary set of value chips shallhave different secondary colors than the pri-

mary set and shall be required for all denom-inations.

(B) Each holder of a Class A license shallhave a nonvalue chip reserve for each colorutilized in the riverboat with a design insertor symbol different from those nonvaluechips comprising the primary set.

(C) The holder of a Class A license shallremove the primary set of gaming chips fromactive play whenever—

1. A determination is made by thelicensee that the riverboat gaming operationis taking on a significant number of counter-feit chips;

2. Any other impropriety or defect inthe utilization of the primary set of chipsmakes removal of the primary set necessary;or

3. The director so directs. (D) Whenever the primary set of chips is

removed from active play, the licensee shallimmediately notify a representative of thecommission as to the reason for this occur-rence.

AUTHORITY: sections 313.004, 313.805, and313.817, RSMo 1994 and 313.807, RSMoSupp. 1997.* Emergency rule filed Sept. 1,1993, effective Sept. 20, 1993, expired Jan.17, 1994. Emergency rule filed Jan. 5, 1994,effective Jan. 18, 1994, expired Jan. 30,1994. Original rule filed Sept. 1, 1993, effec-tive Jan. 31, 1994. Amended: Filed May 13,1998, effective Oct. 30, 1998.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994; 313.807,RSMo 1991, amended 1993; and 313.817, RSMo 1991,amended 1993.

11 CSR 45-5.120 Issuance and Use ofTokens for Gaming in Electronic GamingDevices

PURPOSE: This rule establishes the proce-dures for the issuance and use of electronicgame tokens.

(1) No holder of a Class A license shall issueor cause to be utilized in the riverboat gam-ing operation any tokens for gaming in elec-tronic gaming devices unless the tokens areapproved by the commission. In requestingapproval of the tokens, the licensee shall firstsubmit to the commission a detailed schemat-ic of its proposed token which shall show itsfront, back and edge, its diameter and thick-ness and any logo, design or wording to becontained on it, all of which shall be depict-ed on the schematic as they will appear, bothas to size and location, on the actual token.Once the design schematics are approved bythe commission, no token shall be issued or

utilized until a sample of the token is alsosubmitted and approved by the commission.

(2) A holder of a Class A license with theapproval of the commission, shall issue metaltokens designed for gaming in its electronicgaming devices. These tokens shall—

(A) Be round in shape, have clearly andpermanently impressed, engraved or imprint-ed on them the name of the casino and thespecific value of the token, and at least onone (1) side of the token, the city or otherlocality and the state where the establishmentis located and the manufacturer’s name or adistinctive logo or other mark identifying themanufacturer;

(B) Contain the statement—“Not LegalTender”;

(C) Not be deceptively similar to any cur-rent or past coin of the United States or a for-eign country;

(D) Not be of a size or shape or have othercharacteristics which will physically presenttheir use to activate lawful vending machinesor other machines designed to be operated bycoins of the United States; and

(E) Not be manufactured from a ferromag-netic material or from a three (3)-layeredmaterial consisting of a copper-nickel alloyclad on both sides of a pure copper core orfrom a copper-based alloy, except if the totalzinc, nickel, aluminum, magnesium andother alloying metal exceeds twenty-five per-cent (25%) of the token’s weight.

(3) Tokens approved for issuance by a holderof a Class A license shall be—

(A) Issued to a patron upon payment for atoken or in accordance with a complimentarydistribution program;

(B) Capable of insertion into designatedelectronic gaming devices operated by theholder of a Class A license for the purpose ofactivating play;

(C) Available as a payout from the hopperof the electronic gaming devices; and

(D) Redeemable by the patron in accor-dance with the Act.

AUTHORITY: sections 313.004, 313.805, and313.817, RSMo 1994 and 313.807, RSMoSupp 1997.* Emergency rule filed Sept. 1,1993, effective Sept. 20, 1993, expired Jan.17, 1994. Emergency rule filed Jan. 5, 1994,effective Jan. 18, 1994, expired Jan. 30,1994. Original rule filed Sept. 1, 1993, effec-tive Jan. 31, 1994. Amended: Filed June 2,1995, effective Dec. 30, 1995. Amended:Filed May 13, 1998, effective Oct. 30, 1998.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994; 313.807,RSMo 1991, amended 1993; and 313.817, RSMo 1991,amended 1993.

CODE OF STATE REGULATIONS 9ROBIN CARNAHAN (1/29/11)Secretary of State

Chapter 5—Conduct of Gaming 11 CSR 45-5

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10 CODE OF STATE REGULATIONS (1/29/11) ROBIN CARNAHAN

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

11 CSR 45-5.130 Exchange of Chips andTokens

PURPOSE: This rule establishes the processfor exchange of chips and tokens.

(1) Chips shall be issued to a person only atthe request of that person and shall not begiven as change in any other transaction.Chips shall be issued to riverboat patrons atcashier’s cages, at the live gaming devices, orat stations adjacent to the gaming area ifapproved by the commission. Chips may beredeemed at cashier’s cages or at stationsadjacent to the gaming area if approved by thecommission.

(2) Tokens shall only be issued upon therequest of a patron from a cashier’s cage,from employees of the holder of a Class Alicense at the electronic gaming devices areaor at stations adjacent to the gaming area ifapproved by the commission. Tokens may beredeemed at a cashier’s cage or at stationsadjacent to the gaming area if approved by thecommission.

(3) Chips or tokens shall only be redeemedby a holder of a Class A license for itspatrons and shall not be knowingly redeemedfrom any nonpatron source; provided, howev-er, that nongaming employees of the riverboatmay redeem chips or tokens they havereceived as gratuities.

(4) Each riverboat shall promptly redeem itsown chips and tokens by cash or by checkdated the day of the redemption on an accountof the riverboat as requested by the patron,except when the chips and tokens wereobtained or used unlawfully.

(5) Each riverboat may demand the redemp-tion of its chips or tokens from any person inpossession of them and that person shallredeem the chips or tokens upon presentationof an equivalent amount of cash by the river-boat.

(6) No riverboat shall knowingly accept,exchange, use or redeem gaming chips ortokens issued by another riverboat.

(7) Each riverboat shall cause to be postedand remain posted in a prominent place—

(A) On the front of a cashier’s cage, a signthat reads as follows—“Gaming chips issuedby another riverboat may not be used,exchanged or redeemed on this riverboat”;and

(B) On electronic gaming device tokenredemption booths, a sign that reads—“Tokens issued by another riverboat may not

be used, exchanged or redeemed on thisriverboat.”

AUTHORITY: sections 313.004, 313.805, and313.817, RSMo 1994 and 313.807, RSMoSupp. 1997.* Emergency rule filed Sept. 1,1993, effective Sept. 20, 1993, expired Jan.17, 1994. Emergency rule filed Jan. 5, 1994,effective Jan. 18, 1994, expired Jan. 30,1994. Original rule filed Sept. 1, 1993, effec-tive Jan. 31, 1994. Amended: Filed Feb. 19,1998, effective Aug. 30, 1998. Amended:Filed May 13, 1998, effective Jan. 30, 1999.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994; 313.807,RSMo 1991, amended 1993; and 313.817, RSMo 1991,amended 1993.

11 CSR 45-5.140 Receipt of Gaming Chipsor Tokens from Manufacturer

PURPOSE: This rule establishes the processfor receipt of gaming chips and tokens frommanufacturers.

(1) When chips or tokens are received fromthe manufacturer, they shall be opened andchecked by at least two (2) employees fromdifferent departments of the holder of a ClassA license. Any deviation between the invoiceaccompanying the chips or tokens and theactual chips or tokens received or any defectsfound in the chips or tokens shall be reportedpromptly to the commission. An agent of thecommission will be notified both by the sup-plier and the casino manager of the time ofdelivery of any chips or tokens to the holderof a Class A license.

(2) After checking the chips or tokensreceived, the holder of a Class A license shallcause to be reported in a chip and tokeninventory ledger—the denomination of thechips or tokens received, the number of eachdenomination of chip or token received, thenumber and description of all nonvalue chipsreceived, the date of receipt and the signatureof the individuals who checked the chips ortokens.

(3) If any of the chips received are to be heldin reserve and not utilized, either at the gam-ing tables or at a cashier’s cage, they shall bestored in a separate locked compartmenteither in the vault or in a cashier’s cage andshall be recorded in the chip and token inven-tory ledger as reserve chips.

(4) Any chips received that are part of thesecondary set of chips of the riverboat shallbe recorded in the chip and token inventoryledger as such and shall be stored in a locked

compartment in the riverboat vault separatefrom the reserve chips.

AUTHORITY: sections 313.004, 313.805, and313.817, RSMo 1994 and 313.807, RSMoSupp. 1997.* Emergency rule filed Sept. 1,1993, effective Sept. 20, 1993, expired Jan.17, 1994. Emergency rule filed Jan. 5, 1994,effective Jan. 18, 1994, expired Jan. 30,1994. Original rule filed Sept. 1, 1993, effec-tive Jan. 31, 1994. Amended: Filed May 13,1998, effective Oct. 30, 1998.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994; 313.807,RSMo 1991, amended 1993; and 313.817, RSMo 1991,amended 1993.

11 CSR 45-5.150 Inventory of Chips andTokens

PURPOSE: This rule establishes the processfor inventory of chips and tokens.

(1) In the presence of at least two (2) indi-viduals, chips shall be taken from or returnedto either the reserve chip inventory or thesecondary set of chips. The denominations,number and amount of chips taken orreturned shall be recorded in the chip andtoken inventory ledger together with the dateand signatures of the individuals carrying outthis process.

(2) Each holder of a Class A license on amonthly basis, shall compute and record theunredeemed liability for each denominationof chips and tokens and cause to be made aninventory of chips and tokens in circulationand cause the result of this inventory to berecorded in the chip and token inventoryledger. On a monthly basis, each holder of aClass A license shall cause an inventory ofchips in reserve to be made and cause theresult of this inventory to be recorded in thechip and token inventory ledger. The proce-dures to be utilized to compute the unre-deemed liability and to inventory chips andtokens in circulation and reserve shall be sub-mitted to the commission for approval. Aphysical inventory of chips in reserve shall berequired annually if the inventory proceduresincorporate the sealing of the locked com-partment.

(3) During nongaming hours, all chips andtokens in the possession of the riverboat shallbe stored in the chip bank, in the vault, or ina locked compartment in a cashier’s cage,except that chips may be locked in a trans-parent compartment on gaming tables provid-ed that there is adequate security as approvedby the commission.

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AUTHORITY: sections 313.004, 313.805,313.807, 313.817 RSMo 2000.* Emergencyrule filed Sept. 1, 1993, effective Sept. 20,1993, expired Jan. 17, 1994. Emergency rulefiled Jan. 5, 1994, effective Jan. 18, 1994,expired Jan. 30, 1994. Original rule filedSept. 1, 1993, effective Jan. 31, 1994.Amended: Filed June 2, 1995, effective Dec.30, 1995. Amended: Filed May 13, 1998,effective Oct. 30, 1998. Amended: Filed April28, 2004, effective Dec. 30, 2004.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994, 2000;313.807, RSMo 1991, amended 1993, 2000; and 313.817,RSMo 1991, amended 1993, 2000.

11 CSR 45-5.160 Destruction of Chips andTokens

PURPOSE: This rule establishes the processfor dealing with destruction of chips andtokens.

(1) Prior to the destruction of chips or tokens,the holder of a Class A license shall notifythe commission, in writing, of the date andthe location at which the destruction will beperformed, the denomination, number andamount of value chips or tokens to bedestroyed, the description and number ofnonvalue chips to be destroyed and a detailedexplanation of the method of destruction.Unless otherwise authorized by the director,the destruction of chips or tokens shall becarried out in the presence of at least two (2)individuals, one (1) of whom shall be anagent of the commission. The denomination,number and amount of value chips or tokensor, in the case of nonvalue chips, the descrip-tion and number so destroyed shall be record-ed in the chip and token inventory ledgertogether with the signatures of the individualscarrying out the destruction and the date onwhich destruction took place.

AUTHORITY: sections 313.004, 313.805 and313.817, RSMo 1994 and 313.807, RSMoSupp. 1997.* Emergency rule filed Sept. 1,1993, effective Sept. 20, 1993, expired Jan.17, 1994. Emergency rule filed Jan. 5, 1994,effective Jan. 18, 1994, expired Jan. 30,1994. Original rule filed Sept. 1, 1993, effec-tive Jan. 31, 1994. Amended: Filed May 13,1998, effective Oct. 30, 1998.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994; 313.807,RSMo 1991, amended 1993 and 318.817, RSMo 1991,amended 1993.

11 CSR 45-5.170 Destruction of Counter-feit Chips and Tokens

PURPOSE: This rule establishes the processfor the destruction of counterfeit chips andtokens.

(1) As used in this rule, counterfeit chips ortokens means any chip- or token-like objectsthat have not been approved pursuant to thischapter, including objects commonly referredto as slugs, but not including coins of theUnited States or any other nation.

(2) Unless a peace officer instructs or a courtof competent jurisdiction orders otherwise ina particular case, licensees shall destroy orotherwise dispose of counterfeit chips andtokens discovered at their establishments in amanner as their internal controls specify.

(3) Unless a peace officer instructs or a courtof competent jurisdiction orders otherwise ina particular case, licensees may dispose ofcoins of the United States or any other nationdiscovered to have been unlawfully used attheir establishments by including them intheir coin inventories or, in the case of for-eign coins, by exchanging them for UnitedStates currency or coins and including themin their currency or coin inventories, or bydisposing of them in any other lawful manner.

(4) Each licensee shall record, in addition toother information that the commission mayrequire—

(A) The number and denominations, actu-al and purported, of the coins and counterfeitchips and tokens destroyed or otherwise dis-posed of pursuant to this rule;

(B) The month during which they were dis-covered;

(C) The date, place and method of destruc-tion or other disposition, including, in thecase of foreign coin exchanges, the exchangerate and the identity of the bank, exchangecompany, or other business or person atwhich or with whom the coins are exchanged;and

(D) The names of the persons carrying outthe destruction or other disposition on behalfof the licensee.

(5) A holder of a Class A license shall main-tain each record required by this rule for atleast five (5) years, unless the commissionapproves or requires otherwise.

AUTHORITY: sections 313.004, 313.805 and313.817, RSMo 1994 and 313.807, RSMoSupp. 1997.* Emergency rule filed Sept. 1,1993, effective Sept. 20, 1993, expired Jan.

17, 1994. Emergency rule filed Jan. 5, 1994,effective Jan. 18, 1994, expired Jan. 30,1994. Original rule filed Sept. 1, 1993, effec-tive Jan. 31, 1994. Amended: Filed May 13,1998, effective Oct. 30, 1998.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994; 313.807,RSMo 1991, amended 1993 and 313.817, RSMo 1991,amended 1993.

11 CSR 45-5.180 Tournament Chips andTournaments

PURPOSE: This rule establishes the processfor the use of promotional and tournamentchips and tokens.

(1) As used in this rule, tournament chipmeans a chip- or token-like object issued bya licensee for use in tournaments at thelicensee’s gaming establishment.

(2) Tournament chips shall be designed, man-ufactured, approved and used in accordancewith the provisions of rules in this chapterapplicable to chips and tokens, except as fol-lows:

(A) Tournament chips shall be of a shapeand size and have such other specifications soas to be distinguishable from other chips andtokens used in the riverboat operation;

(B) Each side of each tournament chipshall conspicuously bear the inscription—“No Cash Value”;

(C) Tournament chips shall not be used,and licensees shall not permit their use intransactions other than the tournaments forwhich they are issued; and

(D) The provisions of 11 CSR 45-5.170shall not apply to tournament chips.

(3) As used in this rule, entry fees shall bedefined as the total amount paid by a personor on a person’s behalf for participation in atournament. A tournament is a contestoffered and sponsored by a Class A licenseein which patrons may be assessed an entryfee or be required to meet some other crite-ria to compete against one another in a gam-bling game or series of gambling games inwhich winning patrons receive a portion orall of the entry fees, if any, which may beincreased with cash or non-cash prizes fromthe Class A licensee. Class A licensees mayconduct tournaments provided:

(A) The licensee shall notify the gamingagent in charge at that property and the com-mission tax section of the planned tourna-ment at least ten (10) calendar days before thefirst day of the event;

CODE OF STATE REGULATIONS 11ROBIN CARNAHAN (1/29/11)Secretary of State

Chapter 5—Conduct of Gaming 11 CSR 45-5

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(B) The licensee shall conduct the tourna-ment in compliance with all applicable rules,regulations and laws;

(C) The licensee shall maintain written,dated rules governing the event, and the rulesshall be immediately available to the publicand the commission upon request. Tourna-ment rules shall at a minimum include:

1. The date, time and type of tourna-ment to be held;

2. The amount of the entry fee, if any;3. The minimum and maximum number

of participants;4. A description of the tournament

structure, i.e., number of rounds, time peri-od, players per table, and criteria for deter-mining winner(s);

5. The prize structure, includingamounts and/or percentages for prize levels;and

6. Procedures for the timely notificationof entrants and the gaming agent in charge atthe property and the refunding of entry feesin the event of cancellation;

(D) No false or misleading statements,written or oral, shall be made by a licensee orits employees or agents regarding any aspectof the tournament, and all prizes offered inthe tournament shall be awarded according tothe Class A licensee’s rules governing theevent. Tournaments shall not be structured orconducted in a manner that reflects negative-ly on the licensee, the commission, or theintegrity of gaming in Missouri;

(E) The Class A licensee’s accountingdepartment shall keep a complete record ofthe rules of the event and all amendmentsthereto, including criteria for entry and win-ning, names of all entrants, all prizes award-ed and prize winners, for a minimum of two(2) years from the last date of the tournamentand shall be made readily available to thecommission upon request;

(F) Entry fees shall be subject to theadjusted gross receipts tax pursuant to section313.822, RSMo. Entry fees shall be consid-ered as buy-in except when paid with chips,tokens, or a ticket. At least eighty percent(80%) of all entry fees must be returned totournament participants as winnings;

(G) Cash and non-cash winnings paid in atournament shall be deductible from adjustedgross revenue, but any such deduction shallnot exceed the total entry fees received forthe tournament and non-cash winnings shallbe deductible only to the dollar value thereofactually invoiced to and paid by the licensee;and

(H) The Class A licensee shall designate inits internal control system an employee posi-tion acceptable to the commission that shall

be responsible for ensuring adherence to therules set forth in this section.

AUTHORITY: sections 313.004, 313.805,313.807 and 313.817, RSMo 2000.* Emer-gency rule filed Sept. 1, 1993, effective Sept.20, 1993, expired Jan. 17, 1994. Emergencyrule filed Jan. 5, 1994, effective Jan. 18,1994, expired Jan. 30, 1994. Original rulefiled Sept. 1, 1993, effective Jan. 31, 1994.Amended: Filed Nov. 10, 1997, effective June30, 1998. Amended: Filed May 6, 1999,effective Dec. 30, 1999. Amended: Filed July9, 2004, effective Jan. 30, 2005. Amended:Filed June 30, 2005, effective Jan. 30, 2006.Amended: Filed Aug. 30, 2006, effectiveMarch 30, 2007.

*Original authority: 313.004, RSMo 1993 amended 1994;313.805, RSMo 1991, amended 1993, 1994, 2000;313.807, RSMo 1991, amended 1993, 2000; and 313.817,RSMo 1991, amended 1993, 2000.

11 CSR 45-5.181 Promotional Activities

PURPOSE: This rule defines and clarifies therequirements for approval of giveaways andpromotions.

(1) For the purposes of this rule, the follow-ing words are defined as:

(A) Promotional giveaway—a promotionalgift or item given by a licensee to any personmeeting the licensee’s promotional criteria,where the person provides no considerationand there is no chance or skill involved in theawarding of the promotional gift or item, andall persons meeting the criteria receive thesame promotional gift or item;

(B) Patron—any person present on thepremises of a Class A licensee that is notemployed by such Class A licensee or thecommission and is not on the premises as avendor of the Class A licensee;

(C) Promotional coupon—any instrumentoffering any person something of value andissued by a Class A licensee to entice the per-son to come to the Class A licensee’s premis-es or for use in or related to licensed gam-bling games at a licensee’s gamingestablishment;

(D) Promotional game—a drawing, event,contest or game in which patrons of a ClassA licensee may, without giving consideration,participate or compete for the chance to wina prize or prizes of different values.

(2) Class A licensees may provide promo-tional giveaways, issue promotional couponsor conduct promotional games or similaractivities (collectively, “promotional activi-ties”) for patrons or their employees withoutthe prior approval of the commission, provid-

ed the promotional activity is not structuredor conducted in a manner that reflects nega-tively on the licensee, the commission, or theintegrity of gaming in Missouri and complieswith the following:

(A) No false or misleading statements,written or oral, shall be made by a licensee orits employees or agents regarding any aspectof any promotional activity;

(B) The promotional activity shall complywith all applicable laws and regulations andshall not constitute illegal gambling underfederal or state law. An affidavit of suchcompliance shall be signed by the legal coun-sel of the licensee and be maintained on filefor two (2) years from the last day of theevent;

(C) The Class A licensee shall createdated, written rules governing the promotion-al activity, which rules shall be immediatelyavailable to the public and the commissionupon request. The licensee shall maintain therules of the event and all amendments there-to, including criteria for entry and winning,prizes awarded, and prize winners, for a min-imum of two (2) years from the last day of theevent;

(D) All prizes offered in the promotionalactivity shall be awarded according to theClass A licensee’s rules governing the event;and

(E) The licensee’s employees shall not bepermitted to participate as a player in anygambling game as defined in section313.800.1(10), RSMo, including games forwhich there is no cost to participate; and

(F) The Class A licensee shall designate inits internal control system an employee posi-tion acceptable to the commission that shallbe responsible for ensuring adherence to therules set forth in this section.

(3) Promotional coupons shall contain thefollowing information preprinted on thecoupon:

(A) The name of the gaming facility;(B) The city or other locality and state

where the gaming facility is located;(C) Specific value of any monetary coupon

stated in U.S. dollars;(D) Sequential identification numbers,

player tracking numbers, or other similarmeans of unique identification for complete,accurate tracking and accounting purposes;

(E) A specific expiration date or condition;(F) All conditions required to redeem the

coupon; and (G) A statement that any change or cancel-

lation of the promotion must be approved bythe commission prior to the change or can-cellation.

12 CODE OF STATE REGULATIONS (1/29/11) ROBIN CARNAHAN

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

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(4) Documentation of any change or cancel -lation of a promotional coupon shall be main-tained on file for two (2) years with the legalcounsel’s affidavit.

(5) Class A licensees may use mass media toprovide promotional coupon offers toprospective patrons; however, such offersmay only be redeemed for a preprintedcoupon that contains all of the informationrequired for a promotional coupon in section(3) of this rule.

(6) Class A licensees offering promotionalcoupons shall track the issuance and redemp-tion of each promotional coupon. Documen-tation of the promotional coupon trackingshall be maintained on file for two (2) yearsand made readily available to the commissionupon request. The inventory of un-issuedpromotional coupons must be maintained in areasonable manner that prevents theft orfraud.

(7) Promotional coupons shall be cancelled atthe time they are redeemed in a manner thatwill prevent multiple redemptions of the samecoupon.

AUTHORITY: sections 313.004 and 313.805,RSMo 2000.* Original rule filed July 9,2004, effective Jan. 30, 2005. Amended:Filed June 30, 2005, effective Jan. 30, 2006.

*Original authority: 313.004, RSMo 1993, amended 1994and 313.805, RSMo 1991, amended 1993, 1994, 2000.

11 CSR 45-5.183 Table Game and PokerCards—Specifications

PURPOSE: This rule establishes minimumstandards for cards used for gambling games.

(1) Unless otherwise approved by the com-mission, all cards used for gambling gamesmust meet the following specifications:

(A) Cards used to play table games andpoker shall be in standard decks of fifty-two(52) cards each with each card identical insize and shape to every other card in suchdeck or as otherwise approved by the com-mission;

(B) Each standard deck shall be composedof four (4) suits: diamonds, spades, clubs andhearts;

(C) Each suit shall be composed of thirteen(13) cards: ace, king, queen, jack, 10, 9, 8,7, 6, 5, 4, 3, 2. The face of the ace, king,queen, jack and 10 value cards may containan additional marking, as approved by thecommission, which will permit a dealer,prior to exposing his/her hole card at the

game of blackjack, to determine the value ofthat hole card;

(D) The backs of each card in the deckshall be identical and no card shall containany marking, symbol or design that willenable a person to know the identity of anyelement printed on the face of the card or thatwill in any way differentiate the back of thatcard from any other card in the deck;

(E) The backs of all cards in the deck shallbe designed so as to diminish as far as possi-ble the ability of any person to place con-cealed markings thereon;

(F) The design to be placed on the backs ofcards used by licensees shall contain thename or trade name of the Class A licenseewhere the cards are to be used and shall besubmitted to the commission for approvalprior to use of such cards in gaming activity;

(G) Each deck of cards for use in tablegames as defined in this section shall bepackaged separately through the use of cello-phane or shrink wrap or other similar mate-rial as approved by the commission and suchpackaging shall have a tamper resistantdestructive security seal and a tear band.Each deck of poker cards shall be packagedin sets of two (2) decks through the use of cel-lophane or shrink wrap or other similar mate-rial as approved by the commission and havea tamper resistant destructive security sealand a tear band;

(H) Nothing in this section shall prohibitdecks of cards with one (1) or more jokerscontained therein; provided, however, suchjokers shall be used by the Class A licenseeonly in the play of any games approved by thecommission for that manner of play; and

(I) In addition to satisfying the require-ments of this section, the cards used by aClass A licensee in any poker room gamemust—

1. Be visually distinguishable from thecards used by that Class A licensee to playany table games; and

2. Be made of plastic; and3. Each set of poker cards shall have

two (2) decks with visually distinguishablecard backings. These card backings may bedistinguished, without limitation, by differentlogos, different colors or different design pat-terns.

AUTHORITY: sections 313.004, 313.805,313.830 and 313.845, RSMo 2000.* Originalrule filed Dec. 17, 1996, effective Aug. 30,1997. Amended: Filed July 3, 2000, effectiveFeb. 28, 2001. Amended: Filed May 29,2002, effective Dec. 30, 2002. Amended:Filed Feb. 28, 2007, effective Oct. 30, 2007.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994, 2000;

313.830, RSMo 1991, amended 1993, 2000; and 313.845,RSMo 1991, amended 1993, 1994, 1995.

11 CSR 45-5.184 Table Game Cards—Receipt, Storage, Inspections, and Removalfrom Use

PURPOSE: This rule establishes proceduresfor the handling of table game cards withinthe gaming operation.

(1) When decks of table game cards arereceived for use in the facility from a licensedsupplier, the decks shall be placed for storagein a primary or secondary storage area by atleast (2) employees, one (1) of whom shall befrom the table games department and theother from the casino security or casinoaccounting department. The primary cardstorage area shall be located in a secureplace, the location and physical characteris-tics of which shall be approved by the com-mission. Secondary storage areas, if needed,shall be used for the storage of surplus cards.Cards maintained in secondary storage areasshall be transferred to the primary card stor-age area before being distributed to the pits ortables. All secondary storage areas shall belocated in secure areas, the location and phys-ical characteristics of which shall beapproved by the commission.

(2) All primary and secondary storage areasshall have two (2) separate locks. The casinosecurity department shall maintain one (1)key and the table games department shallmaintain the other key; provided, however,that no person employed by the table gamesdepartment below the pit manager, pokerroom manager, or supervisor thereof in theorganizational hierarchy shall have access tothe table games department key for the pri-mary and secondary storage areas.

(3) Immediately prior to the commencementof each gaming day and at other times as maybe necessary, the pit manager, poker roommanager, or supervisor thereof, in the pres-ence of a casino security officer, shall removethe appropriate number of decks of tablegames cards from the primary card storagearea for that gaming day.

(4) Once removed from the primary cardstorage area, the pit manager, poker roommanager, or supervisor thereof, in the pres-ence of a casino security officer, shall takethe decks to the pit(s) and distribute the decksto the floor supervisor(s) for distribution tothe dealer at each table.

CODE OF STATE REGULATIONS 13ROBIN CARNAHAN (1/29/11)Secretary of State

Chapter 5—Conduct of Gaming 11 CSR 45-5

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(5) The pit manager, poker room manager, orsupervisor thereof, shall place extra decksinto a single locked compartment of a pitstand located within the pit(s). The floorsupervisor or above shall have access to theextra decks of cards to be used for that gam-ing day.

(6) If the cards are kept overnight, the cardsshall be kept in a separate, single locked stor-age unit that is within a pit area that is com-pletely enclosed or encircled by gamingtables. This storage compartment may beused to store cards for future play within thatenclosed or encircled area for up to one (1)week if only the pit manager or above hasaccess to the compartment in which the cardsare stored, there is continuous, dedicatedsurveillance coverage of the storage compart-ment and surrounding area, the pit manageror above maintains an approved log current atall times inside the card storage compartmentthat reflects the current number and color ofdecks in the compartment, and any discrep-ancies are immediately reported to the com-mission agent on duty. Cards will not bemoved outside of the enclosed or encircledarea without a security escort and notificationto surveillance except for when being collect-ed by security as detailed in section (14) ofthis rule.

(7) Prior to being placed into play, all decksshall be inspected by the dealer, and theinspection verified by a floor supervisor orabove. Card inspection at the gaming tableshall require each deck to be sorted intosequence and into suit to ensure that all cardsare in the deck. The dealer shall also checkthe back of each card to ensure that it is notflawed, scratched or marked in any way.

(A) If, after checking the cards, the dealerfinds that a card is unsuitable for use, a floorsupervisor or above shall bring a replacementcard from the replacement deck or replacethe entire deck.

(B) The unsuitable card(s) shall be placedin a transparent sealed envelope or container,identified by the table number, date, and timeand shall be signed by the dealer and floorsupervisor assigned to that table. The floorsupervisor or above shall maintain the enve-lope or container in a secure place within thepit until collected by a security officer.

(8) All envelopes and containers used to holdor transport cards collected by security shallbe transparent.

(A) The envelopes or containers and themethod used to seal them shall be designed orconstructed so that any tampering shall beevident.

(B) The envelopes or containers and sealsshall be approved by the commission.

(9) Any cards which have been opened andplaced on a gaming table shall be changed atleast once every twenty-four (24) hours. Inaddition—

(A) Cards opened for use on a traditional“full” baccarat table shall be changed uponthe completion of each shoe;

(B) Cards opened for use on any tablegame in which the cards are handled by theplayers shall be changed at least every six (6)hours.

(C) Cards opened for use on any tablegame and dealt from the dealer’s hand orheld by players shall be changed at least everyfour (4) hours.

(10) Card(s) damaged during the course ofplay shall be replaced by the dealer who shallrequest a floor supervisor or above to bring areplacement card(s) from the pit stand.

(A) The damaged card(s) shall be placed ina sealed envelope, identified by table number,date and time and shall be signed by dealerand the floor supervisor or above whobrought the replacement card to the table.

(B) The floor supervisor or above shallmaintain the envelope or container in asecure place within the pit until collected bya casino security officer.

(11) At the end of the gaming day or, in thealternative, at least once each gaming day atthe same time each day, as designated by thelicensee and approved by the commission,and at other times as may be necessary, thefloor supervisor or above shall collect allused cards.

(A) These cards shall be counted down andplaced in a sealed envelope or container. Alabel shall be attached to each envelope orcontainer which shall identify the table num-ber, date and time and shall be signed by thedealer and floor supervisor assigned to thetable.

(B) The floor supervisor or above shallmaintain the envelopes or containers in asecure place within the pit until collected bya casino security officer.

(12) The licensee shall remove any cardsfrom use any time there is indication of tam-pering, flaws, scratches, marks or otherdefects that might affect the integrity or fair-ness of the game, or at the request of thecommission.

(13) All extra decks with broken seals shallbe placed in a sealed envelope or container,with a label attached to each envelope or con-

tainer which identifies the date and time andis signed by the floor supervisor and the pitmanager or above.

(14) At the end of the gaming day or, in thealternative, at least once each gaming day atthe same time each day, as designated by thelicensee in the internal controls and approvedby the commission, and at other times as maybe necessary, a casino security officer shallcollect and sign all envelopes or containerswith damaged cards, cards used during thegaming day, and all other decks with brokenseals and shall return the envelopes or con-tainers to the security department.

(15) At the end of each gaming day or, in thealternative, at least once each gaming day, asdesignated by the licensee in the internal con-trols and approved by the commission, and atother times as may be necessary, a pit man-ager or above may collect all extra decks ofcards. If collected, all sealed decks shall becanceled, destroyed or returned to anapproved storage area.

(16) When the envelopes or containers ofused cards and reserve cards with brokenseals are returned to the casino securitydepartment, they shall be inspected withinforty-eight (48) hours by a member of thesecurity department who has been trained inproper card inspection procedures. The cardswill be inspected for tampering, marks, alter-ations, missing or additional cards or any-thing that might indicate unfair play.

(A) With the exception of the cards used ona traditional “full” baccarat table which arechanged upon the completion of each shoe,all cards used in table games in which thecards are handled by the player will beinspected.

(B) In other table games, if less than threehundred (300) decks are used in the gamingday, at least ten percent (10%) of those deckswill be selected at random to be inspected. Ifthree hundred (300) or more decks are usedthat gaming day, at least five percent (5%) ofthose decks but no fewer than thirty (30)decks will be selected at random to beinspected.

(C) The licensee shall also inspect—1. Any cards which the commission

requests the licensee to remove for the pur-pose of inspection; and

2. Any cards the licensee removed forindication of tampering.

(D) The procedures for inspecting all decksrequired to be inspected under this subsectionshall, at a minimum, include:

1. The sorting of cards sequentially bysuit;

14 CODE OF STATE REGULATIONS (1/29/11) ROBIN CARNAHAN

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

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2. The inspection of the backs of thecards with an ultraviolet light; and

3. The inspection of the sides of thecards for crimps, bends, cuts and shaving.

(E) The individuals performing saidinspection shall complete a work order formwhich shall detail the procedures performedand list the tables from which the cards wereremoved and the results of the inspection.The individual shall sign the form upon com-pletion of the inspection procedures.

(F) The licensee shall submit the trainingprocedures for those employees performingthe inspection, which shall be approved bythe commission.

(G) Evidence of tampering, marks, alter-ations, missing or additional cards or any-thing that might indicate unfair play discov-ered at this time, or at any other time, shallbe immediately reported to the commissionby the completion and delivery of a Card Dis-crepancy Report.

1. The report shall accompany thecard(s) when delivered to the commission.

2. The card(s) shall be retained for fur-ther inspection by the commission.

3. The commission agent receiving thereport shall sign the Card Discrepancy Reportand retain the original at the commissionoffice.

(17) The licensee shall submit to the com-mission for approval procedures for—

(A) A card inventory system which shallinclude, at a minimum, documentation of thefollowing:

1. The balance of cards on hand;2. The cards removed from storage;3. The cards returned to storage or

received from the manufacturer;4. The date of the transaction; and5. The signatures of the individuals

involved;(B) A verification on a daily basis of the

number of decks distributed, the decksdestroyed or canceled, the decks returned tothe storage area and, if any, the decks left inthe pit podium; and

(C) A physical inventory of the cards atleast once every three (3) months.

1. This inventory shall be performed byan employee from compliance or a supervi-sory Level II licensee from the cage, slot oraccounting department and shall be verifiedto the balance of decks on hand required insubsection (17)(A) above.

2. Any discrepancies shall immediatelybe reported to the commission.

(18) Where cards in an envelope or contain-er are inspected and found to be without anyindication of tampering marks, alterations,

missing or additional cards or anything thatmight indicate unfair play, those cards shallbe destroyed or canceled. Once released bythe commission, the cards submitted as evi-dence shall immediately be destroyed or can-celed.

(A) Destruction shall occur by shreddingor other method approved by the commis-sion.

(B) Cancellation shall occur by drilling acircular hole of at least one-fourth of one inch(1/4") in diameter through the center of eachcard in the deck or other method approved bythe commission.

(C) The destruction and cancellation ofcards shall take place in a secure place, thelocation and physical characteristics of whichshall be approved by the commission, andshall be performed by a member of the casi-no security department specifically trained inproper procedures.

AUTHORITY: sections 313.004, 313.805,313.830, and 313.845, RSMo 2000.* Origi-nal rule filed Dec. 17, 1996, effective Aug.30, 1997. Amended: Filed Feb. 28, 2007,effective Oct. 30, 2007.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994, 2000;313.830, RSMo 1991, amended 1993, 2000; and 313.845,RSMo 1991, amended 1993, 1994, 1995.

11 CSR 45-5.185 Poker Cards—Receipt,Storage, Inspections, and Removal fromUse

PURPOSE: This rule establishes proceduresfor the handling of poker cards within thegaming operation.

(1) Only plastic cards that have beenapproved by the commission shall be used forpoker.

(2) When decks of poker cards are receivedfor use in the facility from a licensed suppli-er, the decks shall be placed for storage in aprimary or secondary storage area by at leasttwo (2) employees, one (1) of whom shall befrom the table games department and theother from the casino security or casinoaccounting department. The primary storagearea shall be located in a secure place, thelocation and physical characteristics of whichshall be approved by the commission. Sec-ondary storage areas, if needed, shall be usedfor the storage of surplus poker cards. Cardsmaintained in secondary storage areas shallbe transferred to the primary card storagearea before being distributed to the pokerroom or tables. All secondary storage areas

shall be located in secure areas, the locationand physical characteristics of which shall beapproved by the commission.

(3) All primary and secondary card storageareas shall have two (2) separate locks. Thecasino security department shall maintain one(1) key and the table games department shallmaintain the other key; provided, however,that no person employed by the table gamesdepartment below the pit manager or pokerroom manager in the organizational hierarchyshall have access to the table games depart-ment key for the primary and secondary cardstorage areas.

(4) Immediately prior to the commencementof each gaming day and at other times as maybe necessary, the poker room manager, pitmanager, or supervisor thereof, in the pres-ence of a casino security officer, shall removethe appropriate number of decks of pokercards from the primary card storage area forthat gaming day.

(5) Once removed from the primary storagearea, the poker room manager, pit manager,or supervisor thereof, in the presence of acasino security officer, shall take the decks tothe poker room and distribute the decks to thepoker room supervisor for distribution to thedealer at each table. The poker room manag-er, pit manager, or supervisor thereof, shallplace extra decks into a single locked com-partment of a pit stand located within thepoker room. The poker room supervisor orabove shall have access to the extra decks ofpoker cards to be used for that gaming day.

(6) If the cards are kept overnight, the cardsshall be kept in a separate, single locked stor-age compartment in the poker room. Thisstorage compartment may be used to storepoker cards for future play within thatenclosed or encircled area for up to one (1)week if only the poker room supervisor orabove has access to the compartment inwhich the cards are stored, there is continu-ous, dedicated surveillance coverage of thestorage compartment and surrounding area,and the poker room supervisor or abovemaintains an approved log current at all timesinside the card storage compartment thatreflects the current number and color ofdecks in the compartment, and any discrep-ancies are immediately reported to the com-mission agent on duty. Poker cards will notbe moved outside of the poker room withouta security escort and notification to surveil-lance except for when being collected bysecurity as detailed in section (14) of thisrule.

CODE OF STATE REGULATIONS 15ROBIN CARNAHAN (1/29/11)Secretary of State

Chapter 5—Conduct of Gaming 11 CSR 45-5

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(7) Prior to being placed into play, all decksshall be inspected by the dealer, and theinspection verified by a poker room supervi-sor or above. Card inspection at the gamingtable shall require each deck to be sorted intosequence and into suit to ensure that all cardsare in the deck. The dealer shall also checkthe back of each card to ensure that it is notflawed, scratched or marked in any way.

(A) If, after checking the cards, the dealerfinds that a card is unsuitable for use, a pokerroom supervisor or above shall bring areplacement card from the replacement deckin the pit stand.

(B) The unsuitable card(s) shall be placedin a transparent sealed envelope or container,identified by the table number, date, and timeand shall be signed by the dealer and pokerroom supervisor assigned to that table. Thepoker room supervisor or above shall main-tain the envelope or container in a secureplace within the pit until collected by a secu-rity officer.

(8) All envelopes and containers used to holdor transport poker cards collected by securityshall be transparent.

(A) The envelopes or containers and themethod used to seal them shall be designed orconstructed so that any tampering shall beevident.

(B) The envelopes or containers and sealsshall be approved by the commission.

(9) Any cards which have been opened andplaced on a poker table shall be changed atleast once every six (6) hours.

(10) Card(s) damaged during the course ofplay shall be replaced by the dealer who shallrequest a poker room supervisor or above tobring a replacement card(s) from the pitstand.

(A) The damaged card(s) shall be placed ina sealed envelope, identified by table number,date and time and shall be signed by the deal-er and the poker room supervisor or abovewho brought the replacement card to thetable.

(B) The poker room supervisor or aboveshall maintain the envelope or container in asecure place within the poker room until col-lected by a security officer.

(11) At the end of the gaming day or, in thealternative, at least once each gaming day atthe same time each day, as designated by thelicensee and approved by the commission,and at other times as may be necessary, thepoker room supervisor or above shall collectall used cards.

(A) These cards shall be counted down and

placed in a sealed envelope or container. Alabel shall be attached to each envelope orcontainer which shall identify the table num-ber, date and time and shall be signed by thedealer and poker room supervisor assigned tothe table.

(B) The poker room supervisor or aboveshall maintain the envelopes or containers ina secure place within the poker room untilcollected by a casino security officer.

(12) The licensee shall remove any pokercards from use any time there is any indica-tion of tampering, flaws, scratches, marks orother defects that might affect the integrity orfairness of the game, or at the request of thecommission.

(13) All extra decks with broken seals shallbe placed in a sealed envelope or container,with a label attached to each envelope or con-tainer which identifies the date and time andis signed by the poker room supervisor orpoker room manager.

(14) At the end of the gaming day or, in thealternative, at least once each gaming day atthe same time each day, as designated by thelicensee in the internal controls and approvedby the commission, and at other times as maybe necessary, a casino security officer shallcollect and sign all envelopes or containerswith damaged poker cards and cards usedduring the gaming day and shall return theenvelopes or containers to the securitydepartment.

(15) Each poker room shall identify andmaintain in the poker room podium a speci-fied number of replacement decks for replac-ing unsuitable card(s). The poker roomsupervisor or above shall have access to thereplacement decks that are kept in a singlelocked compartment. The poker room super-visor or above shall keep a record of all cardsremoved from the replacement decks. Therecord shall include time, date, color, value,suit, reason for replacement, and the name ofthe individual who replaced the card(s). Thereplacement deck(s) shall be reconciled to therecord at least weekly. Once a replacementdeck has been depleted to the point it is nolonger useful the remaining cards in thereplacement deck shall be picked up by secu-rity and destroyed or canceled.

(16) At the end of each gaming day or, in thealternative, at least once each gaming day, asdesignated by the licensee in the internal con-trols and approved by the commission, and atother times as may be necessary, a pokerroom manager, pit manager or supervisor

thereof may collect all extra decks of cards. Ifcollected, all sealed decks shall be canceled,destroyed or returned to an approved storagearea.

(17) When the envelopes or containers ofused cards and reserve cards with brokenseals are returned to the casino securitydepartment, they shall be inspected withinforty-eight (48) hours by a member of thesecurity department who has been trained inproper card inspection procedures. The cardswill be inspected for tampering, marks, alter-ations, missing or additional cards or any-thing that might indicate unfair play.

(A) The licensee shall inspect—1. Any cards which the commission

requests the licensee to remove for the pur-pose of inspection;

2. Any cards the licensee removed forindication of tampering; and

3. All cards used for poker.(B) The procedures for inspecting all decks

required to be inspected under this subsec-tion, shall, at a minimum, include:

1. The sorting of cards sequentially bysuit;

2. The inspection of the backs of thecards with an ultraviolet light;

3. The inspection of the sides of thecards for crimps, bends, cuts and shaving;and

4. The inspection of the front and backof all poker cards for consistent shading andcoloring.

(C) If, during the inspection proceduresrequired in subsection (17)(B) above, one (1)or more poker cards in a deck are determinedto be unsuitable for continued use, thosecards shall be placed in a sealed envelope orcontainer and a three (3)-part Card Discrep-ancy Report shall be completed in accordancewith subsection (17)(H) below.

(D) Upon completion of the inspectionprocedures required in subsection (17)(B)above, each deck of poker cards which isdetermined suitable for continued use shall beplaced in sequential order, repackaged andreturned to the primary or poker card storagearea for subsequent use.

(E) The licensee shall develop internalcontrol procedures for returning the repack-aged cards to the storage area.

(F) The individuals performing saidinspection shall complete a work order formwhich shall detail the procedures performedand list the tables from which the cards wereremoved and the results of the inspection.The individual shall sign the form upon com-pletion of the inspection procedures.

(G) The licensee shall submit the trainingprocedures for those employees performing

16 CODE OF STATE REGULATIONS (1/29/11) ROBIN CARNAHAN

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

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the inspection, which shall be approved bythe commission.

(H) Evidence of tampering, marks, alter-ations, missing or additional cards or any-thing that might indicate unfair play discov-ered at this time, or at any other time, shallbe reported to the commission by the com-pletion and delivery of a Card DiscrepancyReport.

1. The report shall accompany thecard(s) when delivered to the commission.

2. The card(s) shall be retained for fur-ther inspection by the commission.

3. The commission agent receiving thereport shall sign the Card Discrepancy Reportand retain the original at the commissionoffice.

(18) The licensee shall submit to the com-mission for approval procedures for—

(A) A card inventory system which shallinclude, at a minimum, documentation of thefollowing:

1. The balance of decks on hand;2. The decks removed from storage;3. The decks returned to storage or

received from the manufacturer;4. The date of the transaction; and5. The signatures of the individuals

involved;(B) A verification on a daily basis of the

number of decks distributed, the decksdestroyed or canceled, the decks returned tothe storage area and, if any, the decks left inthe poker podium; and

(C) A physical inventory of the cards atleast once every three (3) months.

1. This inventory shall be performed byan employee from compliance or a supervi-sory Level II licensee from the cage, slot oraccounting department and shall be verifiedto the balance of decks on hand required insubsection (18)(A) above.

2. Any discrepancies shall immediatelybe reported to the commission.

(19) Destruction of poker cards shall be byshredding or other method approved by thecommission.

(A) Cancellation shall occur by drilling acircular hole of at least one-fourth of one inch(1/4") in diameter through the center of eachcard in the deck or by cutting at least one-fourth of an inch (1/4") off one (1) cornerfrom each card in the deck or other methodapproved by the commission.

(B) The destruction and cancellation ofpoker cards shall take place in a secure place,the location and physical characteristics ofwhich shall be approved by the commission,and shall be performed by a member of the

casino security department specificallytrained in proper procedures.

AUTHORITY: section 313.805, RSMo 2000.*Original rule filed Feb. 28, 2007, effectiveOct. 30, 2007.

*Original authority: 313.805, RSMo 1991, amended 1993,1994, 2000.

11 CSR 45-5.190 Minimum Standards forElectronic Gaming Devices

PURPOSE: This rule establishes the mini-mum standards for electronic gaming devices.

(1) Electronic gaming devices must pay outnot less than eighty percent (80%) of allwagers during the expected lifetime of thegame, including bonus games. Electronicgaming devices that may be affected by play-er skill must meet this standard when using amethod of play that will provide the greatestreturn to the player over a period of continu-ous play. The probability of obtaining themaximum payout on any electronic gamingdevice shall not be greater than one (1) infifty (50) million.

(2) Electronic gaming devices shall—(A) Be subject to testing prior to imple-

mentation within the state and at any timethereafter by the commission or an indepen-dent testing laboratory designated by thecommission, and subject to review andapproval by the commission for adherence tothe regulatory and technical standards adopt-ed or approved by the commission;

(B) Be controlled by a microprocessor orthe equivalent in such a manner that the gameoutcome is completely controlled by themicroprocessor or equivalent device asapproved by the commission;

(C) Utilize a communication protocol thatis compatible with and interfaces with thecommunication protocol used by all onlinecomputerized data monitoring, data manage-ment, and ticket validation systems approvedby the commission for use at licensed gamingestablishments. Electronic gaming devicesand any peripheral equipment or devices,including the equipment’s or device’s operat-ing systems and software, shall, prior toapproval for use within the state, be tested forinteroperability by a commission-approvedindependent testing laboratory to ensure com-pliance with this subsection. Once approved,no modifications shall be made to said gam-ing devices, peripheral equipment, systems,or software that would cause them to be non-compliant with this subsection;

(D) Have a logic area in a separate lockedinternal enclo sure within the device whichhouses electronic components that have thepotential to significantly influence the opera-tion of the gaming device. Electronic com-ponents required to be housed within thelogic area include computer processor units(CPUs) and all critical program storagemedia;

(E) After January 1, 2006, clearly andaccurately display, via Attendant Menu, theidentification number and version, as appli-cable, of all software and firmware containedwithin the electronic gaming device and itstop box which are involved in game commu-nication or the operation and calculation ofgame play, game display, or game resultdetermination;

(F) Be able to recover to the state the gam-ing devices were in immediately prior to theoccurrence of a program interruption orpower loss and continue a game with no dataloss. Upon program resumption, the follow-ing procedures must be performed:

1. Any communications to an externaldevice shall not begin until the programresumption routine, including self-tests, iscompleted successfully;

2. Gaming device control programs testthemselves for possible corruption due tofailure of the program storage media; and

3. The integrity of all critical memory ischecked;

(G) Have game data recall capable of pro-viding all information required to fully recon-struct at least the last five (5) games, retriev-able upon the operation of an externalkey-switch or other secure method not avail-able to the player. The five (5) game recallshall reflect bonus rounds in their entirety.For games that may have infinite free games,there shall be a minimum of fifty (50) gamesrecallable;

(H) Have a random selection process thatmust not produce detectable patterns of gameelements or detectable dependency upon anyprevious game outcome, the amountwagered, or upon the style or method of play;

(I) Clearly and accurately display applica-ble rules of play and the award that will bepaid to the player when the player obtains aspecific win, including mystery awards. Thedisplays shall clearly indicate whether awardsare designated in denominational units, cur-rency, credits or some other unit. All pay-table information must be able to be accessedby a player prior to the player committing toa wager. Pay glass and its corresponding art-work for mechanical displays must be sub-mitted to an independent testing laboratorydesignated by the commission for review and

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Chapter 5—Conduct of Gaming 11 CSR 45-5

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approval prior to implementation within thestate;

(J) Display an accurate representation ofeach game outcome. After selection of thegame outcome, the electronic gaming devicemust not make a variable secondary decisionwhich affects the result shown to the player;

(K) Have a complete set of nonvolatilemeters including amount-in, amount-out,amount dropped, total amount wagered, totalamount won, number of games played andjackpots paid, or their equivalent as approvedby the commission;

(L) Have available for random selection atthe initiation of each play, each possible per-mutation or combination of game elementswhich produce winning or losing game out-comes; and

(M) Not automatically alter pay-tables orany function of the electronic gaming devicebased on internal computation of the holdpercentage.

(3) When an electronic gaming device isunable to automatically provide payment ofjackpots requiring the payment to be made bythe riverboat, jackpot payout tickets must beprepared either by the computerized slotmonitoring system or manually by casino per-sonnel containing the following information:

(A) The location of the electronic gamingdevice;

(B) The date;(C) The time of day;(D) The electronic gaming device number;(E) The denomination of the game played;(F) The amount of the jackpot payout in

written and numeric form;(G) Total before taxes and taxes withheld,

if applicable;(H) Amount to patron;(I) Total amount played and game outcome

of award, if applicable;(J) The signature of a holder of a Class A

license or the licensee employee making thepayment, as approved by the commission;and

(K) A signature of at least one (1) otherriverboat gaming operation employee attest-ing to the accuracy of the form.

(4) In addition to the requirements of thisrule, all licensees shall comply with ChapterE of the Minimum Internal Control Standardsas authorized by 11 CSR 45-9.030.

AUTHORITY: sections 313.004 and 313.805,RSMo 2000 and 313.800, RSMo Supp.2006.* Emergency rule filed Sept. 1, 1993,effective Sept. 20, 1993, expired Jan. 17,1994. Emergency rule filed Jan. 5, 1994,effective Jan. 18, 1994, expired Jan. 30,1994. Original rule filed Sept. 1, 1993, effec-

tive Jan. 31, 1994. Amended: Filed June 25,1996, effective Feb. 28, 1997. Amended:Filed May 13, 1998, effective Oct. 30, 1998.Amended: Filed March 31, 2005, effectiveOct. 30, 2005. Amended: Filed Aug. 30,2006, effective March 30, 2007.

*Original authority: 313.004, RSMo 1993, amended 1994;313.800, RSMo 1991, amended 1993, 1994, 2005; and313.805, RSMo 1991, amended 1993, 1994, 2000.

11 CSR 45-5.200 Progressive SlotMachines

PURPOSE: This rule establishes the processfor having progressive slot machines.

(1) Definitions. As used in this rule—(A) Base amount means the amount of the

progressive jackpot initially offered before itincreases;

(B) Incremental amount means the differ-ence between the amount of a progressivejackpot and its base amount;

(C) Progressive jackpot means a slotmachine payoff that increases over time sole-ly as a function of the amount of wagersplayed on a machine or group of machines;

(D) Wide-area progressive means a systemof slot machines with a progressive jackpotlinked across a communication networkapproved by the commission which connectsseparate gaming establishments licensed orapproved by the commission; and

(E) “United States Government AgencySecurities” means negotiable, senior, non-callable, debt obligations issued by a UnitedStates agency that on the date of funding,possesses an issuer credit rating equivalent tothe highest investment grade rating given byStandard & Poor’s or Moody’s Investors Ser-vice.

(2) A meter that shows the accurate amountof the progressive jackpot must be conspicu-ously displayed at or near the machines towhich the jackpot applies. At a minimum, onthe same day each week while the casino isclosed, each licensee shall record the amountdisplayed on each progressive’s top awardjackpot meter at the licensee’s establishment,except for wide-area progressive systems,progressive systems which cause participat-ing electronic gaming devices (EGDs) tobecome disabled when communication is lostwith the progressive controller, and EGDswhich have progressive software embeddedwithin the EGDs’ Critical Program StorageMedia (CPSM). The top award jackpotamount shall be reconciled to the systemmeters by multiplying the progression rate bythe amount-in for the period between which

the meter amounts were recorded, less anyjackpots that have occurred plus any resetamounts. In order to perform this reconcilia-tion, the top award jackpot on these local pro-gressive games shall require the EGD tolock-up requiring a hand-paid jackpot. Thelicensee authorized to provide a wide-areaprogressive system shall perform the requiredreconciliation for each system provided bysuch licensee. At the conclusion of the recon-ciliation, if a variance exists between theamount shown on each progressive jackpotmeter and the expected amount, the licenseeshall document the variance amount. Thelicensee shall make the necessary adjust-ment(s) to ensure the correct amount is dis-played by the end of the gaming day on whichthe reconciliation occurred. Explanations formeter reading differences or adjustmentsthereto shall be maintained with the progres-sive meter reading sheets. In addition to theweekly reconciliation, each licensee shallrecord the progressive meter display amountsonce each banking day to ensure jackpotresets occurred properly, to determinewhether the meters incremented since the lastreading and to identify any obvious atypicalresults which could indicate there is a prob-lem with the progressive meter. If knownvariances are discovered during the dailyreview, which require a change to the meterdisplay of one dollar ($1) or more, the meterdisplay shall be adjusted by the end of thegaming day. Each licensee shall record thebase amount of each progressive jackpot thelicensee offers.

(3) A licensee may impose a limit on thejackpot of a progressive slot machine if thelimit imposed is greater than the possiblemaximum jackpot payout on the slot machineat the time the limit is imposed. The licenseemust inform the public with a prominentlyposted notice of progressive slot machinesthat have limits. Such notice shall clearlystate the amount of the limits and must beapproved by the commission.

(4) A licensee shall not reduce the amountdisplayed on a progressive jackpot meter orotherwise reduce or eliminate a progressivejackpot unless—

(A) A player wins the jackpot; or(B) The licensee adjusts the progressive

jackpot meter to correct a malfunction or toprevent the display of an amount greater thana limit imposed pursuant to section (3) of thisrule and the licensee documents the adjust-ment and the reasons for it; or

(C) The licensee’s gaming operations atthe establishment cease for any reason otherthan a temporary closure where the same

18 CODE OF STATE REGULATIONS (1/29/11) ROBIN CARNAHAN

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

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licensee resumes gaming operations at thesame establishment within a month; or

(D) The licensee distributes the incremen-tal amount to another progressive jackpot asapproved in writing by the commission and—

1. The licensee documents the distribu-tion;

2. Any machine offering the jackpot towhich the licensee distributes the incrementalamount does not require that more money beplayed on a single play to win the jackpotthan the machine from which the incrementalamount is distributed;

3. Any machine offering the jackpot towhich the incremental amount is distributedcomplies with the minimum theoretical pay-out requirement of 11 CSR 45-5.190(1); and

4. The distribution is completed withinthirty (30) days after the progressive jackpotis removed from play or within a longer peri-od as the commission for good cause mayapprove; or

(E) The commission for good causeapproves a reduction, elimination, distribu-tion, or procedure not otherwise described inthis section, which approval is confirmed inwriting.

(5) The operation of wide-area progressiveslot machines is allowed subject to compli-ance with all other requirements of this rule,in addition to the following conditions:

(A) The wide-area system must have theability to monitor entry into the main door ofeach networked slot machine as well as thelogic area of each networked slot machineand report it to the central system immediate-ly;

(B) A licensee utilizing a wide-area pro-gressive system must suspend play on the sys-tem if a communication failure in the systemcannot be corrected within a period of timeapproved by the commission prior to thecommencement of play on the wide-area pro-gressive system. If a communication failureoccurs in a wide-area progressive system, thelicensee authorized to provide the systemmust take a reading during the time the sys-tem is down to make sure that the jackpotamount is the same at all excursion gamblingboats connected to the system before bringingthe system that failed back online;

(C) The licensee authorized to provide awide-area system must keep a hard or elec-tronic copy log of all events for a period of atleast sixty (60) days;

(D) Jackpot verification procedures mustinclude the following:

1. When a jackpot is won, the licenseeauthorized to provide the wide-area systemmay inspect the machine when accompaniedby a gaming agent. The inspection shall

include examining the critical program stor-age media, the error events received by thecentral system, and any other data whichcould reasonably be used to ascertain thevalidity of the jackpot;

2. The central system shall producereports that will clearly demonstrate themethod of arriving at the payoff amount.This shall include the amount contributedbeginning at the polling cycle or data transferimmediately following the previous jackpotand will include all amounts contributed upto, and including, the polling cycle or datatransfer, which includes the jackpot signal.Amounts contributed to the system before thejackpot message is received will be deemedto have been contributed to the progressiveamount prior to the current jackpot. Amountscontributed to the system subsequent to thejackpot message being received will bedeemed to have been contributed to the pro-gressive amount of the next jackpot;

3. The jackpot may be paid in install-ments as long as each machine clearly dis-plays the fact that the jackpot will be paid ininstallments. In addition, the number ofinstallments and time between installmentsmust be clearly displayed on the face of themachine in a non-misleading manner that isapproved by the commission; and

4. Two (2) jackpots that occur in thesame polling cycle or data transfer will bedeemed to have occurred simultaneously andtherefore, each “winner” shall receive thefull amount shown on the meter unless anoth-er method of operation has been approved inadvance by the commission;

(E) Approval by the commission of anywide-area progressive system shall occur intwo (2) phases—

1. The “initial approval” stage, whereinthe underlying gaming devices and any asso-ciated device or system, including all hard-ware and software, shall be subject to testingby the commission or an independent testinglaboratory designated by the commission;and review and approval by the commission.Testing shall include examination for adher-ence to the regulatory and technical standardsadopted by the commission; and

2. The “on-site testing” phase, whereina field inspection is conducted at the centralcomputer site as well as multiple field sites toensure compliance with these rules. Opera-tion of the system will be authorized onlyafter the commission is satisfied that the sys-tem meets both the Phase I and Phase II test-ing requirements, as well as any otherrequirements that the commission mayimpose to assure the integrity, security andlegal operation of the wide-area progressivesystem;

(F) Any licensee authorized to provide awide-area progressive system, must supplyreports to the commission which support andverify the economic activity on the system;

(G) Any licensee authorized to provide awide-area progressive system, must supply,as requested, reports and information to thecommission indicating the amount of, andbasis for, the current jackpot amount (theamount currently in play). Such reports shallinclude an “aggregate report” and a “detailreport.” The “aggregate report” shall showonly the balancing of the system with regardto system-wide totals. The “detail report”shall be in such form as to indicate for eachmachine, summarized by location, theamount-in and amount-out totals as suchterms are commonly understood in the indus-try. In addition, upon the invoicing of anylicensee participating in a wide-area progres-sive system, each such licensee must be givena printout of each machine at that licensee’sestablishment linked to the system, theamount contributed by each machine to thejackpot for the period for which an invoice isremitted, and any other information requiredby the commission to confirm the validity ofthe licensee’s contributions to the jackpotamount;

(H) The licensee authorized to provide awide-area progressive system, must obtainapproval from the commission as to the meth-ods of funding the progressive prize pool andcalculating and receiving payments from par-ticipating licensees for the provision ofequipment and services associated with thewide-area progressive system;

(I) In calculating Adjusted Gross Receipts,a licensee may deduct its pro rata share of thepresent value of any progressive jackpotsawarded during the month. The deductedamount shall be listed on the detailedaccounting records provided by the licenseeauthorized to provide the wide-area progres-sive system. A licensee’s contribution isbased on the amount-in from machines at thatlicensee’s gaming establishment which are onthe wide-area progressive system, comparedto the total amount-in on the whole system forthe time period(s) between jackpot(s) award-ed;

(J) The right to receive the jackpot pay-ments may not be encumbered, assigned, orotherwise transferred in any way by any win-ner, estate, or heir(s) of a deceased winner,except to the estate or heir(s) of such personupon his/her death and that any attempt tomake a prohibited transfer may result in suchperson forfeiting the right to receive futurepayments;

(K) In the event a licensee ceases opera-tions and a progressive jackpot is awarded

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Chapter 5—Conduct of Gaming 11 CSR 45-5

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subsequent to the last day of the final monthof operation, the licensee may not file anamended tax return or make claim for a gam-ing tax refund based on its contributions tothat particular progressive prize pool;

(L) The central monitoring system for thewide-area progressive system must be in alocation approved by the commission. Theoffice containing the central monitoring sys-tem shall be secure and shall have surveil-lance coverage that has been approved by thecommission. The central monitoring systemshall employ on-line data redundancy thatpermits a complete and prompt recovery ofall information in the event of any malfunc-tion and utilize environmental controls suchas uninterruptible power supplies and fire-proof and waterproof materials to protect crit-ical hardware and software from natural dis-asters. The licensee authorized to provide awide-area progressive system shall berequired to keep and maintain an entry andexit log for the office in a manner approvedby the commission. The commission shall atall times have the right to immediate access tothe office containing the central monitoringsystem and the system itself. If the licenseeoperating the central monitoring system pro-poses to locate the system outside the state ofMissouri, the licensee shall reimburse thecommission for all reasonable and necessaryexpenses incurred by its agents—

1. To travel to the site to inspect the sys-tem’s configuration and operation prior toauthorizing use of the system;

2. To otherwise inspect the system loca-tion in connection with investigations con-cerning failures of the system or its operation;or

3. For such other reasons as the com-mission deems appropriate;

(M) The provider of the wide-area pro-gressive system may not allow any agent oremployee to work on any component of thesystem until that person has obtained a levelII occupational license from the commission;however, the commission may require anyagent or employee of the licensee to obtain alevel I occupation license;

(N) The licensee authorized to provide awide-area progressive system, must maintaina copy of all lease and contractual agreementsrelating to the wide-area progressive systemand supply a copy to the commission uponrequest;

(O) The licensee authorized to provide awide-area progressive system shall ensure thewide-area progressive system prize fund (theamount of money contributed by the partici-pating licensees) is audited, in accordancewith generally accepted auditing standards,on the fiscal year-end of the licensee, by an

independent certified public accountantlicensed by the Missouri State Board ofAccountancy pursuant to Chapter 326,RSMo. Two (2) copies of this report must besubmitted to the commission upon issuanceof the audit report or ninety (90) days afterthe conclusion of the licensee’s fiscal year,whichever occurs first. The cost of the auditshall be paid by the licensee providing thewide-area progressive system; and

(P) Gaming devices connected to a com-mon wide-area progressive system shall:

1. All require the same maximumwager; or

2. If requiring different maximumwagers, utilize the expected value of winningthe top award by setting the odds of winningthe top award in proportion to the amountwagered. The method of equalizing theexpected value of winning the top award shallbe conspicuously displayed on each deviceconnected to the system.

(6) Licensees shall preserve the recordsrequired by this rule for at least five (5) yearsafter they are made unless the commissionapproves otherwise in writing. The recordsshould be stored in a location acceptable tothe commission.

(7) During the normal mode of progressiveslot machines, the progressive controller, orother approved device must continuouslymonitor each machine on the link foramounts inserted and must multiply theaccepted amounts by the rate of progressionand denomination in order to determine thecorrect amounts to apply to the progressivejackpot. The progressive display must beconstantly updated, in a manner approved bythe commission, as play on the link is contin-ued.

(8) Progressive slot machines shall not bemulti-game or multi-denomination devicesunless:

(A) The computerized slot monitoring sys-tem required by 11 CSR 45-5.220 separatelyand accurately accounts for the amount-in foreach denomination and game, or all gamesoffered for play by the devices contribute tothe progressive jackpot; and

(B) The odds of attaining the winning com-bination are the same for each game; and

(C) Each game requires the same maxi-mum wager to win the progressive jackpot,or if requiring different maximum wagers,utilizes the expected value of winning the topaward by setting the odds of winning the topaward in proportion to the amount wagered.The method of equalizing the expected valueof winning the top award shall be conspicu-

ously displayed on each device connected tothe system.

(9) The odds of winning a progressive jack-pot shall not be greater than one in fifty mil-lion (1:50,000,000) unless specificallyapproved in writing by the commission.

(10) Each progressive controller must behoused in a secure, locked location whichallows only authorized accessibility andwhich contains a progressive entry authoriza-tion log that is completed by any person gain-ing entrance to the secured location. Both thelocation housing progressive controllers andthe form on which entry is logged shall beapproved by the commission prior to use. Thestorage medium that contains the progressivecontroller program shall have a unique signa-ture that allows program verification by anagent of the commission through use of acommission-approved verification device.After verification the storage medium shallbe secured in the controller with a commis-sion security seal. The security seal must beaffixed by and may only be broken andremoved by an authorized commission agent.Additionally, each progressive controllerlinking one (1) or more wide-area progres-sive slot machines must be housed in a dou-ble-keyed compartment. A gaming agentmust be in possession of one (1) of the keysand no person may have access to the con-troller without the presence of a gamingagent. Normal operation of progressive gam-ing devices notwithstanding, communicationto a progressive controller shall be permittedonly by authorized personnel throughentrance to the controller’s secured locationand who document such access and the pur-pose therefore on the progressive entry autho-rization log.

(11) If this rule prescribes multiple items ofinformation to be displayed on a slotmachine, it is sufficient to have the informa -tion displayed in an alternating fashion.

(12) In addition to the metering requirementsprovided for in the Minimum Internal Con-trol Standards (MICS), each slot machineattached to one (1) or more wide-area pro-gressive slot machine meters must have a sep-arate software meter that counts the numberof times each primary progressive meter isactivated.

(13) Each machine must have a separate keyand key switch to reset the progressive meteror meters or another reset mechanismapproved in writing by the commission.

20 CODE OF STATE REGULATIONS (1/29/11) ROBIN CARNAHAN

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

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(14) Unless the commission has approved thepayment of prizes by installments, a licenseewho has a progressive slot machine mustmaintain minimum cash reserves in accor-dance with 11 CSR 45-8.150. The commis-sion must approve all such cash reserves.Notwithstanding the provisions of 11 CSR45-5.240 Periodic Payments, to the contrary,the commission shall require that the licenseeauthorized to provide a wide-area progressivesystem—

(A) Maintain in a restricted account areserve consisting of cash, United StatesGovernment Treasury Securities, UnitedStates Government Agency Securities and/orMissouri state debt instruments of not lessthan the sum of the following amounts:

1. The present value of the aggregateremaining balances owed on all jackpots pre-viously won by patrons through the wide-area progressive system; and

2. An amount sufficient to fully fund thepresent value of all amounts currently reflect-ed on the progressive meters of the wide-area progressive systems; and

(B) In addition, the licensee authorized toprovide the wide-area system shall at all timessatisfy and be in compliance with the follow-ing ratios and tests:

1. An interest coverage ratio of not lessthan three to one (3:1); and

2. Debt to EBITDA (earnings beforeinterest, taxes, depreciation and amortization)of not more than four to one (4:1); and

3. Satisfaction of one (1) of the follow-ing ratios and tests:

A. A current ratio of not less thantwo to one (2:1); or

B. Working capital that is greater thantwenty percent (20%) of the licensee’s totaljackpot liability; or

C. Working capital in excess of onehundred (100) million dollars and a credit rat-ing from at least two (2) of the followingcredit rating organizations equal to or higherthan the following:

(I) Standard & Poor’s CorporateBBB−;

(II) Moody’s Long-Term Baa3; or(III) Fitch Corporate BBB−.

(15) The requirements of this rule shall applyequally to one (1) progressive gaming devicelinked to a progressive controller or which isinternally controlled, as well as several pro-gressive gaming devices linked to one (1)progressive controller within one (1) casinoor multiple casinos.

AUTHORITY: section 313.004, RSMo 2000and sections 313.800 and 313.805, RSMoSupp. 2010.* Emergency rule filed Sept. 1,

1993, effective Sept. 20, 1993, expired Jan.17, 1994. Emergency rule filed Jan. 5, 1994,effective Jan. 18, 1994, expired Jan. 30,1994. Original rule filed Sept. 1, 1993, effec-tive Jan. 31, 1994. Amended: Filed Aug. 30,1996, effective March 30, 1997. Amended:Filed July 2, 1997, effective Feb. 28, 1998.Amended: Filed May 13, 1998, effective Oct.30, 1998. Amended: Filed Aug. 30, 2002,effective March 30, 2003. Amended: FiledJan. 24, 2003, effective Aug. 30, 2003.Amended: Filed Feb. 24, 2004, effective Oct.30, 2004. Amended: Filed Jan. 18, 2005,effective Aug. 30, 2005. Amended: Filed Aug.30, 2006, effective March 30, 2007. Amend-ed: Filed July 28, 2010, effective Feb. 28,2011.

*Original authority: 313.004, RSMo 1993, amended 1994;313.800, RSMo 1991, amended 1993, 1994, 2005; and313.805, RSMo 1991, amended 1993, 1994, 2000, 2008,2010.

11 CSR 45-5.210 Integrity of ElectronicGaming Devices

PURPOSE: This rule establishes the stan-dards for the integrity of electronic gamingdevices.

(1) Electronic gaming devices shall—(A) As authorized by the commission,

accept only electronic cards, tickets,coupons, credits, currency, or tokens aswagers;

(B) Be electronic in design and operationand not be electromechanical or mechanicalin operation;

(C) Not subject a player to physical haz-ards;

(D) Contain a surge protector on the linethat feeds power to the electronic gamingdevice. A battery back-up or an equivalentshall be installed on the device for the elec-tronic meters and shall be capable of accu-rately maintaining all information requiredfor thirty (30) days after power is discontin-ued from the electronic gaming device. Thebattery back-up shall be kept within thelocked logic area;

(E) Have a secure and dedicated data pro-tocol link to any central computer monitoringsystem, which shall be a closed system inac-cessible to communication with any othercomputer, device or mode of telecommunica-tions unless otherwise approved by the com-mission;

(F) Have an on/off switch that controls theelectrical current used in the operation of theelectronic gaming device and any associatedequipment which shall be located in an acces-sible place within its interior;

(G) Be designed so that it shall not beadversely affected by magnetic, electromag-netic, electrostatic or radio frequency inter-ference;

(H) If designed to accept physical tokens,have at least one (1) electronic token accep-tor. Token acceptors must be designed toaccept designated tokens and reject others.The token acceptor on an electronic gamingdevice must be designed to prevent the use ofcheating methods such as slugging, stringing,spooning, the insertion of foreign objects,and other manipulation. All token acceptorsare subject to approval by the commission.Tokens accepted but which are inappropriatetoken-ins must be rejected to the coin tray,returned to the player by activa tion of thehopper or printer or credited toward the nextplay of the electronic gaming device. Theelectronic gaming device control programmust be capable of handling rapidly fedtokens or simultaneously fed tokens so thatoccurrences of inappropriate token-ins areprevented. Gaming devices, shall have sen-sors capable of determining the direction andspeed of token travel in the receiver and anyimproper direction or coin traveling at tooslow of a speed shall result in the electronicgaming device going into an error condition;

(I) Be designed so the internal space of theelectronic gaming device is not readily acces-sible when the front door is both closed andlocked;

(J) Have its locked logic area(s) within theelectronic gaming device and the critical pro-gram storage media housed therein sealedwith commission security seals. The securityseals must be affixed by an authorized com-mission agent and must include the date, sig-nature or initials and identification number ofthe agent. These seals may only be broken orremoved by an authorized commission agent;

(K) Have a hopper contained in a lockedarea within the electronic gaming device ifdesigned to dispense tokens. The electronicgaming device control program shall ensurethe diverter directs tokens to the hopper or, inthe alternative, to the drop compartmentwhen the token level in the hopper makescontact with the diverter’s hopper-full sensorprobe. Hopperless gaming devices shallalways divert tokens to the drop compart-ment;

(L) Contain no hardware or softwareswitches that alter the pay-tables or payoutpercentages in its operation, other than asapproved by the commission and whichrequire access to a locked logic area;

(M) Have an identification plate with thefollowing information securely affixed by themanufacturer to the exterior of the electronicgaming device cabinet:

CODE OF STATE REGULATIONS 21ROBIN CARNAHAN (1/29/11)Secretary of State

Chapter 5—Conduct of Gaming 11 CSR 45-5

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22 CODE OF STATE REGULATIONS (1/29/11) ROBIN CARNAHAN

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

1. Manufacturer; 2. Serial Number;3. Model Number; and4. Date of manufacturer;

(N) Contain the rules of play for each elec-tronic gaming device displayed on the face orscreen. Rules shall be complete, clear andeasily understood. Each electronic gamingdevice must also display the credits wageredand the credits awarded for the occurrence ofeach possible winning combination based onthe number of credits wagered. All informa-tion required by this subsection must be keptunder glass or another transparent substanceand at no time may stickers or other remov-able items be placed over this information.Additionally:

1. If the game contains a bonus featureincluding a game within a game, the follow-ing rules shall be met:

A. The game shall display clearly tothe player which game rules apply to the cur-rent game state;

B. If the game requires obtaining sev-eral events or symbols toward a bonus fea-ture, the number of events or symbols neededto trigger the bonus feature shall be indicatedalong with the number of events or symbolscollected at any point;

C. The game shall not adjust the like-lihood of a bonus feature occurring based onthe history of prizes obtained in previousgames;

D. If a bonus game is triggered afteraccruing a certain number of events or sym-bols or combination of events or symbols of adifferent kind, the probability of obtaininglike events or symbols shall not decrease asthe game progresses; and

E. The game display shall make itclear to the player that the game is in a bonusmode;

2. If a bonus feature requires extra cred-its to be wagered and the game accumulatesall winnings to a temporary win meter, thegame shall:

A. Provide a means where winningson the temporary meter can be bet to allowfor instances where the player has an insuffi-cient credit meter balance to complete thefeature;

B. Transfer all credits on the tempo-rary meter to the credit meter upon comple-tion of the feature; and

C. Provide the player an opportunitynot to participate;

3. If the game offers a menu of games toa player:

A. The methodology employed by aplayer to select and discard a particular gamefor play shall be clearly displayed on thegaming device and easily followed;

B. The gaming device shall be able toclearly display to the player, at the player’srequest, all games, game rules and pay-tablesbefore the player must commit to playing anygame;

C. The player shall at all times bemade aware of which game has been selectedfor play and is being played, as applicable;

D. The player shall not be forced toplay a game just by selecting that game. Theplayer shall be able to return to the mainmenu;

E. It shall not be possible to start anew game before the current play is complet-ed and all game meters have been updated;

F. The set of games offered to theplayer for selection or the pay-table can bechanged only by a secure method approved bythe commission, which includes turning onand off games available for play through avideo screen interface; and

G. No changes to the set of gamesoffered to the player for selection or to thepay-table are permitted while there are cred-its on the player’s credit meter or while agame is in progress;

(O) Be capable of communication with acentral computer system accessible to thecommission, using an industry standard dataprotocol format approved by the commission;

(P) Be capable of continuing the currentgame with all current game features after amalfunction is cleared. This rule does notapply if an electronic gaming device is ren-dered totally inoperable. The current wagerand all credits appearing on the screen priorto the malfunction shall be returned to thepatron;

(Q) If designed to accept tokens, haveattached a drop bucket housed within alocked compartment separate from any othercompartment of the electronic gaming deviceto collect and retain all tokens, diverted to thedrop compartment;

(R) Be capable of detecting and displayingthe following error conditions which an atten-dant must clear:

1. Token-in jam; 2. Token-out jam; 3. Hopper empty or time-out; 4. Program error;5. Hopper runaway or extra token paid

out; 6. Reverse token-in; 7. Reel error; and 8. Door open;

(S) Use a data communication protocolwhich ensures that erroneous data or signalswill not adversely affect the operation of theelectronic gaming device;

(T) Display a Missouri Gaming Commis-sion registration number permanently

imprinted, affixed or impressed on the out-side of each electronic gaming device;

(U) Have the capacity to display on thefront of each electronic gaming device itsrules of play, character combinations requir-ing payouts and the amount of the related pay-outs. In addition, the holder of a Class Alicense shall display on each electronic gam-ing device either—

1. A clear description of any merchan-dise or thing of value offered as a payout,including the cash equivalent value of themerchandise or thing of value offered, thedates the merchandise or thing of value willbe offered if the holder of a Class A licenseestablishes a time limit upon initially offeringthe merchandise or thing of value and theavailability or unavailability to the patron ofthe optional cash equivalent value; or

2. The name or a brief description of themerchandise or thing of value offered; pro-vided, however, a sign containing the infor-mation specified in paragraph (1)(U)1. of thissubsection shall be displayed in a prominentlocation approved by the commission near theelectronic gaming device;

(V) Have a mechanical, electromechanicalor electronic device that automatically pre-cludes a player from operating the electronicgaming device after a jackpot requiring amanual payout and requires an attendant toreactivate the electronic gaming device;

(W) Be designed in such a manner that themicroprocessor or equivalent which operatesthe electronic gaming device is assigned aunique identification code, and that the criti-cal program storage media is subject toauthentication via an external third-party ver-ification tool approved by the commission;

(X) If designed to accept currency, tickets,or coupons, have a bill validator-acceptordevice into which a patron may insert suchitems in exchange for an equal value of elec-tronic gaming device credits. Electronicgaming devices containing bill validator-acceptor devices:

1. May accept any single denominationor combination of denominations of the fol-lowing United States currency:

A. One dollar ($1) bills;B. Five dollar ($5) bills;C. Ten dollar ($10) bills;D. Twenty dollar ($20) bills;E. Fifty dollar ($50) bills; andF. One hundred dollar ($100) bills;

2. May accept tickets and coupons incompliance with established commission reg-ulations;

3. Shall have software programs thatenable the validator-acceptor to differentiatebetween genuine and counterfeit bills to ahigh degree of accuracy;

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CODE OF STATE REGULATIONS 23ROBIN CARNAHAN (1/29/11)Secretary of State

Chapter 5—Conduct of Gaming 11 CSR 45-5

4. Shall be equipped with a bill valida-tor-acceptor drop box to collect the currency,tickets, and/or coupons inserted and acceptedby the bill validator-acceptor. The bill val-idator-acceptor drop box shall:

A. Be housed in a locked compart-ment separate from any other compartment ofthe electronic gaming device;

B. Be accessible by a key that willaccess only the bill validator-acceptor dropbox and no other area of the electronic gam-ing device;

C. Have a slot opening through whichcurrency, tickets, or coupons can be inserted;

D. Be readily identifiable to the elec-tronic gaming device from which it wasremoved; and

E. Have a separate lock to secureaccess to the contents of the drop box, thekey to which shall not access any other areaof the electronic gaming device; and

5. Shall maintain sufficient electronicmetering to report the:

A. Total monetary value of all itemsaccepted;

B. Total number of all items accepted; C. Number of bills accepted for each

bill denomination; D. Number of items accepted for each

item type; andE. The last five (5) items accepted;

and(Y) Have a tower light or candle located

conspicuously on top of the gaming devicethat automatically illuminates when a playerhas won an amount or is redeeming creditsthe device cannot automatically pay, an errorcondition has occurred, or a call attendantcondition has been initiated by the player.This requirement may be substituted for anaudible alarm for bar-top style devices.

(2) Any electronic gaming device manufac-turer holding a supplier license under the pro-visions of 11 CSR 45-4 et seq. shall notifythe commission of any malfunction oranomaly affecting the integrity or operationof devices or systems provided under thescope of such license regardless of the gam-ing jurisdiction in which the malfunction oranomaly occurred or was discovered. Thenotification shall occur within forty-eight(48) hours of the supplier licensee beingapprised of the malfunction or anomaly andshall be in a format approved by the commis-sion.

AUTHORITY: sections 313.004, 313.800 and313.805, RSMo 2000.* Emergency rule filedSept. 1, 1993, effective Sept. 20, 1993,expired Jan. 17, 1994. Emergency rule filedJan. 5, 1994, effective Jan. 18, 1994, expired

Jan. 30, 1994. Original rule filed Sept. 1,1993, effective Jan. 31, 1994. Amended:Filed May 13, 1998, effective Oct. 30, 1998.Amended: Filed March 31, 2005, effectiveOct. 30, 2005.

*Original authority: 313.004, RSMo 1993, amended 1994;313.800, RSMo 1991, amended 1993, 1994 and 313.805,RSMo 1991, amended 1993, 1994, 2000.

11 CSR 45-5.220 Computer MonitoringRequirements of Electronic GamingDevices

PURPOSE: This rule establishes computermonitoring of electronic gaming devices.

(1) The holder of a Class A license must havea computer connected to all electronic gam-ing devices in the riverboat to record andmonitor the activities of these devices. Unlessotherwise approved by the commission, elec-tronic gaming devices shall be operated on-line and in communications with a computermonitoring system approved by the commis-sion. This computer monitoring system shallprovide on-line, real-time monitoring anddata acquisition capability in the format andmedia approved by the commission.

(2) The computer permitted by section (1) ofthis rule shall be designed and operated toautomatically perform and report functionsrelating to electronic gaming device meters,and other exceptional functions and reports inthe riverboat as follows:

(A) Record the number and total value oftokens placed in the electronic gaming devicefor the purpose of activating play;

(B) Record the number and total value oftokens deposited in the drop bucket of theelectronic gaming device;

(C) Record the number and total value oftokens automatically paid by the electronicgaming device as the result of a jackpot;

(D) Record the number and total value oftokens to be paid manually as the result of ajackpot;

(E) Have an on-line computer alert andalarm monitoring capability to insure directscrutiny of any device malfunction, tamper-ing, or any open door to the electronic gam-ing device or drop area. In addition, any per-son opening the electronic gaming device ordrop area shall make an entry to that effect inthe machine entry authorization log and theentry shall include the time, date, machineidentity and reason for entry;

(F) Be capable of logging in and reportingany revenue transactions not directly moni-tored by token meter, such as tokens placed inthe electronic gaming device as a result of a

fill and any tokens removed from the elec-tronic gaming device in the form of a credit;

(G) Identify any electronic gaming devicetaken off-line or placed on-line with the com-puter monitoring system, including the date,time and electronic gaming device identifica-tion number; and

(H) Not be connected to or accessible byany other computer, device or telecommuni-cations link and possess adequate safeguardsto prevent any such access, unless access hasspecifically been authorized by the commis-sion under conditions that have been speci-fied in the Class A and B licensee’s system ofinternal controls and approved by the com-mission.

(3) The holder of an operator’s license shallstore, in machine-readable format, all infor-mation required by section (2) of this rule forthe period of one (1) year. The holder of anoperator’s license shall store all informationin a secure area and certify that this informa-tion is complete and unaltered. This informa-tion shall be available in the format andmedia approved by the commission.

(4) The commission surveillance room for thesole accessibility of commission personnelprovided in accordance with these rules shall-house a secured dedicated computer monitor-ing line which provides computer accessibili-ty to commission personnel to review,monitor and record data identical to thatspecified in this rule.

AUTHORITY: sections 313.004, 313.800 and313.805, RSMo 1994.* Emergency rule filedSept. 1, 1993, effective Sept. 20, 1993,expired Jan. 17, 1994. Emergency rule filedJan. 5, 1994, effective Jan. 18, 1994, expiredJan. 30, 1994. Original rule filed Sept. 1,1993, effective Jan. 31, 1994. Amended:Filed June 2, 1995, effective Dec. 30, 1995.Amended: Filed June 25, 1996, effective Feb.28, 1997. Amended: Filed Dec. 17, 1996,effective July 30, 1997. Amended: Filed May13, 1998, effective Oct. 30, 1998.

*Original authority: 313.004, RSMo 1993, amended 1994;313.800, RSMo 1991, amended 1993, 1994 and 313.805,RSMo 1991, amended 1993, 1994.

11 CSR 45-5.230 Certification and Regis-tration of Electronic Gaming Devices

PURPOSE: This rule establishes the certifi-cation and registration of electronic gamingdevices.

(1) The commission will review all electron-ic gaming devices for proper mechanical andelectronic functioning. Before certification of

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24 CODE OF STATE REGULATIONS (1/29/11) ROBIN CARNAHAN

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

an electronic gaming device, the commissionmay employ the services of an independentelectronics laboratory to evaluate the device.

(2) After completing evaluations of the elec-tronic gaming device, the commission maycertify the electronic gaming device for reg-istration.

(3) Gaming shall be prohibited with any elec-tronic gaming device which has not been reg-istered with the commission.

(4) The holder of a Class A license shall notoperate an electronic gaming device in Mis-souri unless the electronic gaming device hasa commission registration number.

(5) The supplier of the electronic gamingdevice, after receiving the appropriate docu-mentation, will reimburse the commission forany cost incurred in any evaluation process.

(6) The holder of a Class A license shall notalter the operation of registered electronicgaming devices and shall maintain the elec-tronic gaming devices in a suitable condition.Each holder of a Class A license shall keep awritten list of any repairs made to electronicgaming devices offered for play to the public.Repairs include, without limitation, replace-ment of parts that may affect the game’s out-come. The holder of a Class A license shallmake the list available for inspection by thecommission upon request.

(7) The holder of a Class A license shall keepa written list of the date of each distribution,the serial number of each electronic gamingdevice and the commission registration num-ber.

(8) The holder of a Class A license shall notdispose of any electronic gaming device with-out prior written approval of the commission.

AUTHORITY: sections 313.004, 313.800 and313.805, RSMo 1994.* Emergency rule filedSept. 1, 1993, effective Sept. 20, 1993,expired Jan. 17, 1994. Emergency rule filedJan. 5, 1994, effective Jan. 18, 1994, expiredJan. 30, 1994. Original rule filed Sept. 1,1993, effective Jan. 31, 1994. Amended:Filed May 13, 1998, effective Oct. 30, 1998.

*Original authority: 313.004, RSMo 1993, amended 1994; 313.800, RSMo 1991, amended 1993, 1994 and 313.805,RSMo 1991, amended 1993, 1994.

11 CSR 45-5.235 Analysis of QuestionedElectronic Gaming Devices

PURPOSE: This rule establishes the processfor analysis of questioned electronic gamingdevices.

(1) If the operation of any electronic gamingdevice is questioned by any holder of a ClassA license, patron or commission agent, thequestioned device will be examined in thepresence of a commission agent and a repre-sentative of the holder of a Class A license. Ifthe malfunction cannot be cleared by othermeans to the mutual satisfaction of the patronand the holder of a Class A license the elec-tronic gaming device will be subjected to anEPROM (erasable, programmable, read-onlymemory) memory test to verify signaturecomparison by a commission agent.

(2) In the event that the malfunction cannotbe determined and corrected by this testing,the electronic gaming device may be removedfrom service and secured in a remote, lockedcompartment. The electronic gaming devicemay then be transported to an industry-rec-ognized laboratory selected by the commis-sion where the device will be fully analyzedto determine the status and cause of the mal-function. All costs for transportation andanalysis will be borne by the holder of aClass A license and the commission will billthe holder of a Class A license.

AUTHORITY: sections 313.004, 313.800 and313.805, RSMo 1994.* Emergency rule filedSept. 1, 1993, effective Sept. 20, 1993,expired Jan. 17, 1994. Emergency rule filedJan. 5, 1994, effective Jan. 18, 1994, expiredJan. 30, 1994. Original rule filed Sept. 1,1993, effective Jan. 31, 1994. Amended:Filed May 13, 1998, effective Oct. 30, 1998.

*Original authority: 313.004, RSMo 1993, amended 1994;313.800, RSMo 1991, amended 1993, 1994 and 313.805,RSMo 1991, amended 1993, 1994.

11 CSR 45-5.237 Shipping of ElectronicGaming Devices, Gaming Equipment orSupplies

PURPOSE: This rule requires licensees tonotify the Missouri Gaming Commissionprior to shipping electronic gaming devicesinto, out of, or within the state.

(1) Licensees shipping electronic gamingdevices or gaming equipment/supplies asdefined in 11 CSR 45-1.090 with the excep-tion of critical program storage media asdefined in 11 CSR 45-1.090, into, out of, orwithin Missouri, must file on a form speci-

fied by the commission notice at least five (5)days prior to such shipment.

(2) Critical program storage media shall beapproved for use in the state prior to ship-ment and shall be shipped separately fromelectronic gaming devices unless otherwiseapproved in writing by the commission.

AUTHORITY: sections 313.004, 313.805 and313.807.4, RSMo 2000.* Original rule filedSept. 2, 1997, effective March 30, 1998.Amended: Filed April 3, 2001, effective Oct.30, 2001. Amended: Filed Oct. 31, 2005,effective May 30, 2006. Amended: Filed June19, 2006, effective Feb. 28, 2007.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994, 2000; and313.807, RSMo 1991, amended 1993, 2000.

11 CSR 45-5.240 Periodic Payments

PURPOSE: This rule establishes the processof periodic payments.

(1) Except as provided in this rule, a holderof a Class A license shall remit the total win-nings and noncash prizes awarded to a patronas the result of any licensed game, tourna-ment, contest, or promotional activity uponvalidation of the win.

(2) For the purpose of this rule, the followingwords have the following meanings:

(A) Independent financial institutionmeans—

1. A financial institution licensed byMissouri or a national institution with anoffice in Missouri; or

2. An insurance company admitted totransact insurance in Missouri with an A.M.Best Insurance rating of A or another equiva-lent rating; and

3. One which is not affiliated throughcommon ownership with a gaming licensee;

(B) Periodic payments means a series ofpayments that are paid at least annually; and

(C) Trust means an irrevocable fiduciaryrelationship in which one (1) person is theholder of the title to property subject to anequitable obligation to keep or use the prop-erty for the benefit of another.

(3) Periodic payments of winnings and non-cash prizes awarded to a patron as a result ofany licensed game, tournament, contest orpromotional activity may be made if themethod of funding the periodic payments pro-vides these payments to a winning patron byestablishing—

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(A) An irrevocable surety bond or an irre-vocable letter of credit with an independentfinancial institution which provides periodicpayments to a winner should the licenseedefault for any reason. The written agreementestablishing an irrevocable surety bond or theirrevocable letter of credit shall be submittedto the commission for approval;

(B) An irrevocable trust with an indepen-dent financial institution in accordance with awritten trust agreement approved by the com-mission, which provides periodic paymentsfrom an unallocated pool of assets to winningpatrons which must expressly prohibit thewinners from encumbering, assigning or oth-erwise transferring in any way their rights toreceive the deferred portion of the winningsexcept to their estates. The assets of the trustmust consist of federal government securitiesincluding, but not limited to, treasury bills,treasury bonds, savings bonds or other feder-ally guaranteed securities in an amount suffi-cient to meet the periodic payment(s) asrequired; or

(C) Another irrevocable method of provid-ing the periodic payments to a winning patronconsistent with the purpose of this rule andwhich is approved by the commission.

(4) The funding of the periodic paymentsmust be completed within thirty (30) days ofthe date the patron wins or is awarded a prize.

(5) Periodic payments must not be used forwinnings of or noncash prizes worth one hun-dred thousand dollars ($100,000) or less.Periodic payments for total amounts wongreater than one hundred thousand dollars($100,000) shall be paid as follows:

(A) For amounts won greater than onehundred thousand dollars ($100,000), butless than two hundred thousand dollars($200,000), payments must be at least tenthousand dollars ($10,000) annually;

(B) For amounts won of two hundred thou-sand dollars ($200,000) or more, paymentsmust be no less than one-twentieth (1/20) ofthe total amount annually; and

(C) The first payment must be made uponvalidation of the win.

(6) Periodic payments of noncash prizes mayonly be offered if the patron shall have theright to elect whether to receive the noncashprize or cash equivalent of the noncash prizeeach time a periodic payment is to be made.The cash equivalent shall be the actual cost tothe licensee of the noncash prize on the daythe prize is won. The amount of the periodicpayments to be funded shall be determined bythe present value of the cash equivalent of thenoncash prize.

(7) For any licensed game, tournament, con-test or promotional activity for which period-ic payments are utilized, the licensee mustdisplay signs on each gaming device or, if nogaming device is used, then the licensee mustdisplay signs in each gaming, promotional,tournament or contest area specifically set-ting forth either the amount or terms of thepayment to be made each time a periodic pay-ment is to be made. The licensee mustinclude in all radio, television or print adver-tising regarding the activities set forth in thissection, the fact that periodic payments areutilized for total amounts offered as a prize toa patron.

(8) Whenever there is an award of winnings tobe made by periodic payments, and the ClassA licensee fails to fund the periodic paymentsas required by this rule, the licensee shallimmediately notify the commission in writingand shall immediately cease offering anylicensed game, tournament, contest or pro-motional activity for which periodic pay-ments are utilized.

(9) The commission may waive one (1) ormore of the requirements of this rule if itmakes a written finding that the waiver isconsistent with the public policy set forth inthe Act.

AUTHORITY: sections 313.004, 313.800 and313.805, RSMo 1994.* Emergency rule filedSept. 1, 1993, effective Sept. 20, 1993,expired Jan. 17, 1994. Emergency rule filedJan. 5, 1994, effective Jan. 18, 1994, expiredJan. 30, 1994. Original rule filed Sept. 1,1993, effective Jan. 31, 1994. Amended:Filed May 13, 1998, effective Oct. 30, 1998.

*Original authority: 313.004, RSMo 1993, amended 1994;313.800, RSMo 1991, amended 1993, 1994 and 313.805,RSMo 1991, amended 1993, 1994.

11 CSR 45-5.250 Finder’s Fees

PURPOSE: This rule establishes a processfor finder’s fees.

(1) Except as limited by section (2) of thisrule, the term finder’s fee means any com-pensation in money in excess of the sum often thousand dollars ($10,000), or real orpersonal property valued in excess of the sumof ten thousand dollars ($10,000) which ispaid or transferred or agreed to be paid ortransferred to any person in consideration forthe arranging or negotiation of an extensionof credit to a holder of a Class A license, aregistered company, or applicant for licensingor registration if the proceeds of the extension

of credit are intended to be used for any ofthe following purposes:

(A) To acquire an interest in a gamingestablishment or registered company; and

(B) To finance the gaming operations of alicensed gaming establishment.

(2) The term finder’s fee shall not include: (A) Compensation to the person who

extends the credit; (B) Normal and customary payments to

employees of the person to whom the credit isextended if the arranging or negotiation ofcredit is part of their normal duties;

(C) Normal and customary payments forbona fide professional services rendered bylawyers, accountants, engineers and apprais-ers; and

(D) Underwriting discounts paid to a mem-ber of the National Association of SecuritiesDealers, Inc.

(3) It is an unsuitable method of operation forany holder of a Class A license, registeredcompany or applicant for licensing or regis-tration to pay a finder’s fee without the priorapproval of the commission. An applicationfor approval of payment of a finder’s fee shallmake a full disclosure of all material facts.The commission may disapprove any suchapplication if the person to whom the finder’sfee is proposed to be paid does not demon-strate that s/he is suitable to hold a state gam-ing license.

AUTHORITY: sections 313.004 and 313.805,RSMo 1994.* Emergency rule filed Sept. 1,1993, effective Sept. 20, 1993, expired Jan.17, 1994. Emergency rule filed Jan. 5, 1994,effective Jan. 18, 1994, expired Jan. 30,1994. Original rule filed Sept. 1, 1993, effec-tive Jan. 31, 1994. Amended: Filed May 13,1998, effective Oct. 30, 1998.

*Original authority: 313.004, RSMo 1993 and 313.805,RSMo 1991, amended 1993, 1994.

11 CSR 45-5.260 Dice Specifications

PURPOSE: The purpose of this rule is toestablish minimum standards for dice usedfor gambling games.

(1) Except as otherwise provided in section(2) below, each die used in gaming shall—

(A) Be formed in the shape of a perfectcube and of a size no smaller than .750 of aninch (.750") on each side nor any larger than.775 of an inch (.775") on each side;

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(B) Be transparent and made exclusively ofcellulose except for the spots, name or tradename of the Class A licensee and serial num-bers or letters contained thereon;

(C) Have the surface of each of its sidesperfectly flat and the spots contained in eachside perfectly flush with the area surroundingthem;

(D) Have all edges and corners perfectlysquare and forming perfect ninety degree(90°) angles;

(E) Have the texture and finish of each sideexactly identical to the texture and finish ofall other sides;

(F) Have its weight equally distributedthroughout the cube and no side of the cubeheavier or lighter than any other side of thecube;

(G) Have its six (6) sides bearing white cir-cular spots from one to six (1)–(6) respec-tively with the diameter of each spot equal tothe diameter of every other spot on the die;

(H) Have spots arranged so that the sidecontaining one (1) spot is directly oppositethe side containing six (6) spots, the side con-taining two (2) spots is directly opposite theside containing five (5) spots and the sidecontaining three (3) spots is directly oppositethe side containing four (4) spots; each spotshall be placed on the die by drilling into thesurface of the cube and filling the drilled outportion with a compound which is equal inweight to the weight of the cellulose drilledout and which forms a permanent bond withthe cellulose cube, and shall extend into thecube exactly the same distance as every otherspot extends into the cube to an accuracy tol-erance of .0004 of an inch (.0004"); and

(I) Have the name or trade name of theClass A licensee in which the die is beingused imprinted or impressed thereon.

(2) Each die used in gaming at pai gow pokershall comply with the requirements of section(1) above except as follows:

(A) Each die shall be formed in the shapeof a perfect cube nor larger than .8 of an inch(.8") on each side;

(B) Instead of the name or trade name ofthe Class A licensee, the commission mayapprove an identifying mark or logo to beimprinted or impressed on each die;

(C) The spots on each die do not have to beequal in diameter;

(D) Edges and corners may be beveled solong as beveling is similar on each edge andeach corner; and

(E) Tolerances required by subsection(1)(H) of this regulation as applied to pai gowpoker dice shall require accuracy of only .004of an inch (.004").

AUTHORITY: sections 313.004, 313.805 and313.830, RSMo 1994 and 313.845, RSMoSupp. 1997.* Original rule filed Dec. 17,1996, effective Aug. 30, 1997. Amended:Filed Feb. 19, 1998, effective Aug. 30, 1998.Amended: Filed May 13, 1998, effective Jan.30, 1999.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994; 313.830,RSMo 1991, amended 1993; and 313.845, RSMo 1991,amended 1993, 1994, 1995.

11 CSR 45-5.265 Dice—Receipt, Storage,Inspections and Removal from Use

PURPOSE: The purpose of this rule is toestablish procedures for the handling of dicewithin the gambling operation other than diceused in pai gow poker.

(1) When dice are received for use in thefacility from a licensed supplier, the boxesshall be placed for storage in a primary orsecondary storage area by at least two (2)employees, one (1) of whom shall be from thetable games department and the other fromthe casino security or casino accountingdepartment. The primary storage area shallbe located in a secure place, the location andphysical characteristics of which shall beapproved by the commission. Secondary stor-age areas, if needed, shall be used for thestorage of surplus dice. Dice maintained insecondary storage areas shall be transferredto the primary storage area before being dis-tributed to the pits or tables. All secondarystorage areas shall be located in secure areas,the location and physical characteristics ofwhich shall be approved by the commission.

(2) All primary and secondary storage areasshall have two (2) separate locks. The casinosecurity department shall maintain one (1)key and the table games department shallmaintain the other key; provided, however,that no person employed by the table gamesdepartment below the pit manager or pokerroom manager in the organizational hierarchyshall have access to the table games depart-ment key for the primary and secondary stor-age areas.

(3) Immediately prior to the commencementof each gaming day and at other times as maybe necessary, the pit manager, poker roommanager, or supervisor thereof, in the pres-ence of a casino security officer, shall removethe appropriate number of dice from the pri-mary storage area for that gaming day.

(4) Once removed from the primary storage

area, the pit manager, poker room manager,or supervisor thereof, in the presence of acasino security officer, shall take the dice tothe pit(s) and distribute the dice to the floorsupervisor(s) or directly to the boxperson ateach table.

(A) At the time of receipt, a boxperson ateach craps table, in order to ensure that thedice are in a condition to ensure fair play andotherwise conform to sections 313.800 to313.850, RSMo and the rules of the commis -sion, shall, in the presence of the floor super-visor, inspect the dice with a micrometer orany other approved instrument approved bythe commission which performs the samefunction, a balanc ing caliper, a steel setsquare and a magnet, which instruments shallbe kept in a com partment at each craps tableor pit stand and shall be at all times readilyavailable for use by the commission uponrequest.

(B) Following this inspection the boxper-son shall in the pres ence of the floor supervi-sor place the dice in a cup on the table for usein gaming, and at all times while the dice areat the table, they shall never be left unattend-ed.

(C) The pit manager shall place extra dicefor dice reserve in a single locked compart -ment in the pit stand. The floor supervisoror above shall have access to the extra dice tobe used for that gaming day.

(D) If the dice are kept overnight the diceshall be kept in a separate, single locked stor-age unit that is within a pit area that is com-pletely enclosed or encircled by gamingtables. This storage compartment may beused to store dice for future play within thatenclosed or encircled area for up to one (1)week if only the pit manager has access to thecompartment in which the dice are stored,there is continuous, dedicated surveillancecoverage of the storage compartment and sur-rounding area, and the pit manager maintainsan approved log current at all times inside thedice storage compartment that reflects thecurrent number/color of dice in the compart-ment, and any discrepancies are immediatelyreported to the commission agent on duty.Dice will not be moved outside of theenclosed or encircled area without a securityescort and notification to surveillance.

(E) No dice taken from the reserve shall beused for actual gaming until the dice areinspected in accordance with this rule.

(5) The casino licensee shall remove any dicefrom use any time there is any indication oftampering, flaws or other defects that mightaffect the integrity or fair ness of the game, orat the request of the commission.

26 CODE OF STATE REGULATIONS (1/29/11) ROBIN CARNAHAN

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

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CODE OF STATE REGULATIONS 27ROBIN CARNAHAN (1/29/11)Secretary of State

Chapter 5—Conduct of Gaming 11 CSR 45-5

(6) At the end of each gaming day or at suchother times as may be necessary, a floorsupervisor, other than the person who origi-nally inspected the dice shall visually inspecteach die for evi dence of tampering. Such evi-dence discov ered at this time or at any othertime shall be immediately reported to thecommission by the completion and deliveryof an approved Dice Discrepancy Report.

(A) Any die showing evidence of tamper ingshall be placed in a sealed envelope or con-tainer.

1. A label shall be attached to eachenvelope or container which shall identify thetable number, date and time and shall besigned by the boxperson and floor supervi sor.

2. The pit manager or casino securi tyofficer responsible for delivering the dice tothe commission agent at the gaming facilityshall also sign the label.

3. The commission agent receiving thedie shall sign the original, duplicate and trip-licate copy of the Dice Discrepancy Reportand retain the original at the commis sionoffice. The duplicate copy shall be deliv eredto the deputy director for enforcement andthe triplicate copy shall be returned to the pitand maintained in a secure place within thepit until collection by a casino security offi-cer.

(B) All other dice shall be put intoenvelopes or containers at the end of eachgaming day.

1. A label shall be attached to eachenvelope or container which shall identify thetable number, date and time and shall besigned by the boxperson and floor supervisor.

2. The envelope or container shall beappropriately sealed and maintained in asecure place within the pit until collection bya casino security officer.

(7) All extra dice in dice reserve that are tobe destroyed or cancelled shall be placed in asealed envelope or container, with a labelattached to each envelope or container whichidentifies the date and time and is signed bythe pit manager.

(8) At the end of each gaming day or, in thealternative, at least once each gaming day atthe same time each day, as designated by thecasino licensee and approved by the commis -sion, and at such other times as may be nec -essary, a casino security officer shall collectand sign all envelopes or containers of useddice and any dice in dice reserve that are tobe destroyed or cancelled and shall transportthem to the casino security department forcancellation or destruction. The casino secu -rity officer shall also collect all triplicatecopies of Dice Discrepancy Reports, if any.

No dice that have been placed in a cup for usein gaming shall remain on a table for morethan twenty-four (24) hours.

(9) At the end of each gaming day or, in thealternative, at least once each gaming day atthe same time each day, as designated by thecasino licensee and approved by the commis -sion, and at such other times as may be nec -essary, a pit manager or supervisor of the pitmanager may collect all extra dice in dicereserve.

(A) If collected, dice shall be returned tothe primary storage area.

(B) If not collected, all dice in dice reservemust be reinspected prior to use for gaming.

(10) The casino licensee shall submit to thecommission for approval procedures for—

(A) A dice inventory system which shallinclude, at a minimum, the recordation of thefollowing:

1. The balance of dice on hand;2. The dice removed from storage;3. The dice returned to storage or

received from the manufacturer;4. The date of the transaction; and5. The signatures of the individuals

involved.(B) A reconciliation on a daily basis of the

dice distributed, the dice destroyed and can -celled, the dice returned to the primary stor -age area and, if any, the dice in dice reserve;and

(C) A physical inventory of the dice at leastonce every three (3) months.

1. This inventory shall be performed bya supervisory Level II licensee from the cage,slot, or accounting department and shall beverified to the balance of dice on handrequired in paragraph (10)(A)1. above.

2. Any discrepancies shall immediatelybe reported to the commission.

(11) Destruction and/or Cancellation.(A) Cancellation shall occur by drilling a

circular hole of at least three-sixteenths ofone inch (3/16") in diameter through the cen -ter of each die or other method approved bythe commission.

(B) Destruction shall occur by shredding orother method approved by the commission.

(C) The destruction and cancellation ofdice shall take place in a secure place, thelocation and physical characteristics of whichshall be approved by the commission.

(12) This rule shall not apply to pai gowpoker dice.

AUTHORITY: sections 313.004, 313.805,313.830, and 313.845, RSMo 2000.* Origi-

nal rule filed Dec. 17, 1996, effective Aug.30, 1997. Amended: Filed Feb. 19, 1998,effective Aug. 30, 1998. Amended: Filed Feb.28, 2007, effective Oct. 30, 2007.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994, 2000;313.830, RSMo 1991, amended 1993, 2000; and 313.845,RSMo 1991, amended 1993, 1994, 1995.

11 CSR 45-5.270 Safety Standards forElectronic Gaming Devices

PURPOSE: This rule establishes safety stan-dards for electronic gaming devices.

(1) All Class A licensees shall be responsiblefor ensuring that all electronic gamingdevices in operation on the excursion gam-bling boat meet the following safety require-ments:

(A) Electrical and mechanical parts anddesign principles must not subject a player tophysical hazards; and

(B) Spilling a conductive liquid on theelectronic gaming device must not create asafety hazard or alter the integrity of the elec-tronic gaming device’s performance; and

(C) The power supply used in an electron-ic gaming device must be designed to makeminimum leakage of current in the event of anintentional or inadvertent disconnection ofthe alternate current power ground; and

(D) Electronic gaming devices must beUnderwriter’s Laboratories approved orequivalent by January 1, 1998.

(2) All Class A licensees are responsible forensuring that a surge protector is installed oneach electronic gaming device that is in oper-ation on the excursion gambling boat.

(A) Surge protection can be internal to thepower supply or external.

(3) A battery backup device must be installedand capable of maintaining accuracy ofrequired electronic meter information afterpower is discontinued from the electronicgaming device. The device must be keptwithin the locked or sealed logic board com-partment and be capable of sustaining storedinformation for one hundred eighty (180)days.

AUTHORITY: sections 313.004, 313.800 and313.850, RSMo 1994.* Original rule filedFeb. 19, 1997, effective Aug. 30, 1997.Amended: Filed May 13, 1998, effective Oct.30, 1998. Amended: Filed Jan. 5, 1998,effective July 30, 1999.

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*Original authority: 313.004, RSMo 1993, amended 1994;313.800, RSMo 1991, amended 1992, 1993, 1994; and313.850, RSMo 1993.

11 CSR 45-5.280 Forfeiture of Illegal Win-nings

PURPOSE: This rule establishes the proce-dure under section 313.832, RSMo for thecommission to seize winnings won by exclud-ed persons under section 313.805(7), RSMo,including disassociated persons under 11 CSR45-17; in exchange for a bribe intended toaffect the outcome of a gambling game under313.832.1(1), RSMo; or in violation of sec-tions 313.800 to 313.840, RSMo.

(1) Any Class A licensee or other personshall forfeit anything of value, including alltraceable proceeds, including but not limitedto, real and personal property, moneys, nego-tiable instruments, securities, and con-veyances, if the item was used for any of thefollowing:

(A) In exchange for a bribe intended toaffect the outcome of a gambling game; or

(B) In exchange for or to facilitate a viola-tion of sections 313.800 to 313.840, RSMo,including, but not limited to:

1. As amounts wagered by and claimedto be won by excluded persons under section313.805(7), RSMo, and 11 CSR 45-15;

2. As amounts wagered by and claimedto be won by disassociated persons under sec-tions 313.805(7), RSMo, and 11 CSR 45-17;or

3. As amounts wagered in or claimed tobe won from illegal gambling, including, butnot limited to, underage gambling as definedin section 313.817.4, RSMo, occurring onexcursion gambling boats.

(2) All moneys, coin, and currency found inclose proximity of wagers, or of records ofwagers are presumed forfeited. The burden ofproof is upon the claimant of the property torebut this presumption.

(3) Seizure may be effected by a law enforce-ment officer authorized to enforce the crimi-nal laws of this state prior to the filing of apetition and without a writ of seizure if theseizure is incident to a lawful arrest, search,or inspection and the officer has cause tobelieve the property is subject to forfeiture.Within four (4) days of the date of seizure,such seizure shall be reported by said officerto the attorney general; and if in the opinionof the attorney general forfeiture is warrant-ed, the attorney general shall, within ten (10)days after receiving notice of seizure, file a

petition for forfeiture with the circuit court ofthe county in which the property is located orseized. The petition shall state the date andplace of seizure. The burden of proof will beon the commission to prove all allegationscontained in the petition.

AUTHORITY: section 313.832, RSMo 1994.*Emergency rule filed Nov. 10, 1997, effectiveNov. 20, 1997, expired May 18, 1998. Orig-inal rule filed Nov. 10, 1997, effective June30, 1998. Amended: Filed May 13, 1998,effective Oct. 30, 1998.

*Original authority: 313.832, RSMo 1991.

11 CSR 45-5.290 Bingo Games

PURPOSE: This rule prohibits casinos fromconducting bingo games on excursion gam-bling boats.

(1) The following words and terms, whenused in this rule, shall have the followingmeanings:

(A) “Bingo games,” all games commonlyknown as bingo as defined in section313.005(1), RSMo, and any variation there-of, including but not limited to electronicbingo games, bingo games, played on elec-tronic gaming devices, and promotional bingogames;

(B) “Promotional bingo games,” all bingogames offered by a Class A licensee to theirpatrons in order to directly or indirectly pro-mote the licensee’s gambling games, whetheror not the licensee receives considerationfrom the patrons playing the bingo games.

(2) Notwithstanding any other provision ofthis chapter to the contrary, no Class Alicensee may conduct bingo games on anexcursion gambling boat.

(3) No Class A licensee may lease or donateany part of its premises to another person ororganization for the purpose of conductingbingo games.

AUTHORITY: sections 313.004 and 313.805,RSMo 2000.* Original rule filed Dec. 7,2001, effective June 30, 2002. Amended:Filed July 9, 2004, effective Jan. 30, 2005.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994, 2000.

11 CSR 45-5.300 Progressive Table Games

PURPOSE: This rule establishes the processfor offering progressive table games.

(1) Definitions. As used in this rule—(A) Base amount means the amount of the

progressive jackpot initially offered before itincreases;

(B) Incremental amount means the differ-ence between the amount of a progressivejackpot and its base amount; and

(C) Progressive jackpot means a tablegame payoff that increases over time solely asa function of the wagers played on the pro-gressive game at a table game or group oftable games.

(2) A meter that shows the accurate amountof the progressive jackpot must be conspicu-ously visible to the players at each table gameto which the jackpot applies.

(3) A licensee shall not reduce the amountdisplayed on a progressive jackpot meter orotherwise reduce or eliminate a progressivejackpot unless—

(A) A player wins the jackpot; or(B) The licensee adjusts the progressive

jackpot meter to correct a malfunction andthe licensee documents the adjustment andthe reasons for it; or

(C) The licensee’s gaming operations atthe establishment cease for any reason otherthan a temporary closure where the samelicensee resumes gaming operations at thesame establishment within a month; or

(D) The licensee distributes the incremen-tal amount to another table game progressivejackpot as approved in writing by the com-mission and—

1. The licensee documents the distribu-tion;

2. Any table game offering the jackpotto which the licensee distributes the incre-mental amount does not require that moremoney be played on a single play to win thejackpot than the table game from which theincremental amount is distributed; and

3. The distribution is completed withinthirty (30) days after the progressive jackpotis removed from play or within a longer peri-od as the commission for good cause mayapprove; or

(E) The commission for good causeapproves in writing a reduction, elimination,distribution, or procedure not otherwisedescribed in this section.

(4) Licensees shall preserve the recordsrequired by this rule for at least five (5) yearsafter they are made unless the commissionapproves otherwise in writing. The recordsshould be stored in a location acceptable tothe commission.

(5) During the normal mode of progressive

28 CODE OF STATE REGULATIONS (1/29/11) ROBIN CARNAHAN

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

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table games, the progressive controller, orother approved device, must continuouslymonitor each table gaming position on thelink for the progressive amounts wagered andmust multiply the accepted amounts by therate of progression in order to determine thecorrect amounts to apply to the progressivejackpot. The progressive display must beconstantly updated, in a manner approved inwriting by the commission, as play on thelink is continued.

(6) Progressive games shall not be usedacross multiple table games unless—

(A) The progressive monitoring systemseparately and accurately accounts for thetotal number of progressive wagers for eachtable game and all games offered for playcontribute to the progressive jackpot; and

(B) The odds of attaining the winning com-bination are the same for each game; and

(C) Each game requires the same wageramount to win the progressive jackpot.

(7) The odds of winning a progressive jack-pot shall not be greater than one in fifty mil-lion (1:50,000,000) unless specificallyapproved in writing by the commission.

(8) Each progressive controller must behoused in a secure, locked location whichallows only authorized accessibility andwhich contains a Machine Entry Authoriza-tion Log (MEAL) that is completed by anyperson gaining access to the secured location.Both the location housing progressive con-trollers and the form on which entry is loggedshall be approved by the commission prior touse. The storage medium that contains theprogressive controller program shall have aunique signature that allows program verifi-cation by an agent of the commission throughuse of a commission-approved verificationdevice. After verification the storage mediumshall be secured in the controller with a com-mission security seal. The security seal mustbe affixed by and may only be broken andremoved by an authorized commission agent.Normal operation of progressive gamingdevices notwithstanding, communication to aprogressive controller shall be permitted onlyby authorized personnel through access to thecontroller’s secured location and who docu-ment such access and the purpose thereforeon the progressive entry authorization log.

(9) Each type of progressive game must havea unique key used to reset the progressivemeter(s) or another reset mecha nismapproved in writing by the commission.

(10) Unless the commission has approved thepayment of prizes by installments, a licensee

who has a progressive table game must main-tain minimum cash reserves in accordancewith 11 CSR 45-8.150. The commissionmust approve all such cash reserves.

(11) Progressive jackpots shall not be sharedbetween multiple Class B licensees.

AUTHORITY: section 313.004, RSMo 2000and sections 313.800 and 313.805, RSMoSupp. 2010.* Original rule filed July 28,2010, effective Feb. 28, 2011.

*Original authority: 313.004, RSMo 1993, amended 1994;313.800, RSMo 1991, amended 1993, 1994, 2005; and313.805, RSMo 1991, amended 1993, 1994, 2000, 2008,2010.

CODE OF STATE REGULATIONS 29ROBIN CARNAHAN (1/29/11)Secretary of State

Chapter 5—Conduct of Gaming 11 CSR 45-5