Louisiana Administrative Code
Title 42 - LOUISIANA GAMING
Part XI - Video Poker
Chapter 24 - Video Draw Poker
Section XI-2407 - Operation of Video Draw Poker Devices
Universal Citation: LA Admin Code XI-2407
Current through Register Vol. 50, No. 9, September 20, 2024
A. Responsibilities of Licensees
1. The licensee or a designated
representative of the licensed establishment shall be required to be physically
present and available within the licensed establishment at all times during all
hours of operation; shall ensure that the devices are not tampered with,
abused, or altered in any way; and shall prevent the play of video draw poker
devices by persons under the age of 21 and prevent access to the gaming area by
persons under the age of 18. The penalty for violation of this Subsection shall
be $250 for the first offense, $500 for the second offense, and $1,000 for the
third offense. The penalty for fourth and subsequent offenses shall be
administrative action, including, but not limited to, suspension or
revocation.
2. Licensees and
employees of a licensee shall not loan money, extend credit, or provide any
financial assistance to Patrons for use in video gaming activities.
3. Licensees and employees of a licensee
shall not permit any person who appears to be intoxicated to participate in the
play of the video devices.
4. All
licensees shall supervise all employees to ensure compliance with the laws and
regulations relating to the operation of video gaming devices.
5. All licensees or an employee of a licensee
shall, upon demand of the player, pay all monies owed as shown on a valid
ticket voucher.
6. All licensees
shall be responsible for the proper placement and installment of devices within
a licensed establishment as prescribed by these rules.
7. Licensees shall advise the division of any
device malfunction that has not been rectified by the device owner, within 24
hours after the device owner or service entity has been notified, or before the
end of the next business day.
8. An
establishment licensee and/or the device owner who owns and/or operates the
video draw poker devices at the licensed establishment may only promote or
encourage the play of the video draw poker devices in compliance with the
following:
a. All promotions shall comply with
the Act and these regulations as well as all federal and state laws and
regulations and municipal ordinances including, but not limited to,
R.S.
27:502 and the Louisiana charitable raffles,
bingo and keno licensing law,
R.S.
4:701 et seq. The establishment licensee,
and/or the device owner conducting the promotion is/are responsible for
ensuring that all promotions are in compliance with this Paragraph.
b. A promotion requiring either a purchase,
fee, or video poker play styled as either a raffle, drawing, sweepstakes, or
any other event which utilizes a ticket, entry form, registration, or other
mechanism used to determine the winner based on either the winner's name or
corresponding ticket, entry form, registration, or other identification
mechanism being chosen by virtue of a randomizing event shall not offer a prize
or prize package valued over $250.
c. A promotion shall not require the
participant to be present at any time in order to win.
d. All rules, terms, and conditions of the
promotion shall be displayed in a prominent manner inside the licensed
establishment at all times during the promotion.
e. If the promotion requires participants to
engage in the play of video poker, the value of the prize or prize package
awarded shall not exceed the maximum payout set by the internal mechanism of
the video draw poker device and shall not be based solely upon the value of a
single winning hand played on the video draw poker device.
f. Giveaway promotions designed to promote
the overall business may offer prizes valued in excess of the limits listed in
Subparagraphs (b) and (e) provided that participation:
i. is open to the general public;
ii. does not require a purchase;
iii. does not require video poker play or
entrance to gaming areas.
g. Notwithstanding the provisions of this
Section, or any other provision of law to the contrary, no prize for any
promotion may provide food to any patron free of charge or below the cost to
the licensee or the device owner.
9. All keys to all devices shall be secured
and available upon request by the division.
10. All licensees shall provide a separate
voice grade telephone line which shall provide exclusive, continuous
capabilities, for the division, to access licensed devices. Any device that
loses telephone line service for any reason within the control of the licensee,
shall constitute a violation of these rules. Such violations shall include, but
not be limited to:
a. the loss of service due
to delinquent or nonpayment of telephone service;
b. the internal disruption of service
resulting from tampering with the communications link;
c. the internal disruption of service
generated by a request to the phone company to disconnect service; or
d. any other method of interference with
normal telephone service.
11. Licensees shall not allow a device to be
played unless connected to the required telephone line service and the
division's central computer system.
12. All licensees shall post signs on the
premises of a licensed establishment which admits mixed patronage that
restricts the play of video draw poker devices by persons under the age of 21
and restricts the access to areas where gaming is conducted by persons under
the age of 18.
a. The signs shall be placed at
the entrances to device areas with lettering at least 3 inches in height
stating that there are gaming devices inside, no one under 18 allowed in gaming
area, and no one under the age of 21 allowed to play gaming devices.
13. Reserved.
14. All licensees shall post one or more
signs at points of entry to the gaming area to inform customers of the
toll-free telephone number available to provide information and referral
services regarding compulsive or problem gambling. The toll-free numbers shall
be provided by the division. The penalty for violation of this Subsection shall
be $250 per day for the first offense, $500 per day for the second offense and
$1000 per day for the third offense. The penalty for fourth and subsequent
offenses shall be $1000 per day or administrative action including but not
limited to suspension or revocation.
B. Video Draw Poker Employees and Permits
1. The division shall issue a video draw
poker employee permit to persons determined to be suitable pursuant to the
provisions of the Act and rules adopted by the Louisiana Gaming Control Board
pursuant to the Administrative Procedure Act.
2. All video draw poker employees shall
possess a valid video draw poker employee permit in addition to a valid state
issued driver's license, identification card or United States military
identification card. The penalty for violation of this Subsection shall be $25
for the first offense, $50 for the second offense, and $75 for the third
offense. The penalty for fourth and subsequent offenses shall be administrative
action, including, but not limited to, suspension or revocation of the
permit.
3. All video draw poker
employee applications must be submitted on forms prescribed by the Louisiana
Gaming Control Board.
a. All applications
shall be submitted to the division by the United States Postal Service
certified or registered mail, return receipt requested, commercial interstate
carrier, electronic submission in accordance with Chapter 4 of Part III of this
Title, hand delivery or other board-approved method of delivery.
b. All applications shall contain an email
address, a telephone number and permanent address for receipt of correspondence
and service of documents by the division.
c. All video draw poker employees shall
submit a renewal application to the division at least 60 days prior to
expiration of their permit to avoid a lapse in their ability to work as video
draw poker employees.
4.
All applicants shall provide all additional information requested by the
division. If applicants fail to provide all additional information requested by
the division, the application shall be denied.
5. All video draw poker employees or
applicants shall notify the division in an electronic document or in writing of
all changes of address, phone numbers, and other required information in the
application within 10 calendar days of the effective date of the
change.
6. No person shall be
granted a permit and no permit will be renewed unless the applicant
demonstrates to the division that he is suitable for permitting and thereafter
continues to maintain suitability, as provided in the Act.
7. All applicants and video draw poker
employees shall attend all hearings, meetings, seminars, and training sessions
required by the division. The division shall not be responsible for any cost
incurred by the applicants and/or video draw poker employees.
8. Permittees employed as a designated
representative shall have the ability to locate all records and documents of
the licensed establishment and possess the knowledge of all day to day
operations of the licensed establishment.
9. All video draw poker employees shall have
knowledge of these rules and the provisions of the Act.
C. Payment of Prizes
1. An employee shall be available during all
hours of operation to redeem valid ticket vouchers. All valid ticket vouchers
shall be paid when presented. In addition:
a.
ticket vouchers shall be redeemed for cash only;
b. ticket vouchers shall be redeemed only at
licensed establishments where the ticket voucher was printed;
c. ticket vouchers shall be redeemed during
the normal operating hours of the licensed establishment unless otherwise
authorized by the division;
d.
neither the division nor the state of Louisiana is responsible for any device
malfunction that causes prizes to be wrongfully awarded or denied to any
player;
e. the phrase "ANY
MALFUNCTION VOIDS ALL PLAYS AND PAYS" shall be conspicuously displayed on the
face of all licensed devices; and
f. failure to make timely payments as
required shall be grounds for the suspension or revocation of the license, or
assessment of a civil penalty.
2. The payment for prizes awarded by a video
gaming device may be withheld if the ticket voucher printed by that device is:
a. mutilated, altered, unreadable, or
tampered with in any manner;
b.
falsified or counterfeited in any way;
c. created by a device malfunction;
d. not fully legible; or
e. presented for payment at the licensed
establishment by a person not authorized to operate the devices.
D. Advertising
1. Except for a uniform logo which has been
adopted by the division or other advertisement allowed by this Subsection, no
other advertising of video gaming activities shall be displayed anywhere on the
exterior of any licensed establishment.
2. The word "casino" may be used (with or
without including the problem gambler toll-free telephone number) either alone,
as part of the d/b/a name of the licensed establishment, or in printed
advertisements on the exterior of the licensed establishment and premises
provided that:
a. the establishment is a Type
IV or Type V licensee; and
b. use
of the word "casino" on the premises is in compliance with all applicable local
and state zoning and/or signage ordinances.
3. With the exception of the word "casino" as
set forth in subsection 2, Type IV and V licensees may advertise freely on the
exterior of the licensed establishment provided that all such printed
advertisements display the problem gambler toll-free telephone number in a
manner consistent with these rules and is in compliance with all applicable
local and state zoning and/or signing ordinances.
4. Electronic displays capable of displaying
moving characters or type, such as video monitors, video display panels, and
LED reader boards, shall, if used to advertise video gaming activities, display
the problem gambler toll-free telephone number every five minutes in a size,
font, speed, brightness, and contrasting color scheme so that the toll-free
number and accompanying letters are clearly visible and discernable by
viewers.
5. Duplication of the
uniform logo shall be identical to the design and colors of the approved
uniform logo.
6. The size of the
uniform logo shall not exceed 6 feet in height and 6 feet in width.
7. The uniform logo may be displayed alone or
in conjunction with advertisement by the licensed establishment of other
activities that do not pertain to video gaming.
8. For purposes of advertising prohibitions,
a licensed establishment which is a qualified truck stop facility shall include
the entire area which comprises the qualified truck stop facility.
9. The logo format may be obtained for
duplication by all licensed establishments from their respective device
owners.
10. The division shall
enforce the prohibition of all other video gaming advertising on licensed
premises that are not permitted by these rules or the Act.
11. All letters accompanying the toll-free
telephone number shall be in capital letters and the same size as the toll-free
telephone number. The toll-free telephone number and letters shall appear in
conspicuous and legible type in contrast by typography, layout, or color with
all other printed material on the advertisement.
12. Notwithstanding Subparts 2 and 4,
exterior print advertising, including but not limited to, billboards, shall
display the toll-free telephone number and all accompanying letters in a
rectangle. The rectangle shall comprise an area equal to 1/10 of the entire
advertisement's height and extend across the entire width of the advertisement.
The toll-free telephone number and accompanying letters must be sized to
utilize the entire area within the rectangle. In the case of billboards, the
rectangle containing the toll-free telephone number shall be a part of the
billboard itself and not a separate add-on to the frame.
13. Notwithstanding Subparts 2 and 4,
interior print advertising, including but not limited to posters, banners and
other forms of advertising intended to be viewed from within the licensed
establishment, but not the designated gaming area, shall display the toll-free
telephone number and all accompanying letters in a rectangle. The rectangle
shall comprise an area equal to 1/20 of the entire advertisement's height and
extend across the entire width of the advertisement. The toll-free telephone
number and accompanying letters must be sized to utilize the entire area within
the rectangle.
14. The problem
gambler toll-free telephone number shall be prominently displayed at all
interior and exterior entrances to all gaming areas. The letters and numbers
shall be fully visible, at least 2 inches in height and contrast with the
background.
15. Print advertising
which is handheld or which is customarily viewed by the person holding the
advertisement, including but not limited to newspapers, flyers, coupons and
other forms of advertising shall display the toll-free telephone number and all
accompanying letters in a rectangle. The rectangle shall comprise an area equal
to 1/20 of the entire advertisement's height and extend across the entire width
of the advertisement. The toll-free telephone number and accompanying letters
must be sized to utilize the entire area within the rectangle.
16. A licensee which is required to display
the toll-free telephone number may seek approval from the division for
particular forms of print advertising on an individual basis. In those
instances where the licensee seeks approval, the division may in its
discretion, approve the print advertisement in writing. The approved
advertisement shall conform to the division's written approval.
AUTHORITY NOTE: Promulgated in accordance with R.S. 27:15 and 24.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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