Louisiana Administrative Code
Title 42 - LOUISIANA GAMING
Part XI - Video Poker
Chapter 24 - Video Draw Poker
Section XI-2424 - Enforcement Actions of the Board
Current through Register Vol. 50, No. 3, March 20, 2024
A. Pursuant to R.S. 27:432 et seq., in lieu of other administrative action, the division may impose a civil penalty as provided for in the penalty schedule contained in Subsection B.
B. Penalty Schedule
|
Regulation Number |
Violation Description |
1st |
2nd |
3rd |
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|
Application and License |
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|
2405 A 15 |
Improperly Notarized Documents |
1000 |
2000 |
Admin Action |
||
|
2405 B 2 |
Failure To Conspicuously Display License |
100 |
200 |
300 |
||
|
2504 B 3c |
Failure To Renew Gaming License 45 Days Prior To Expiration Of License |
250 |
500 |
1000 |
||
|
2405 B 7 |
Failure To Attend Required Hearings, Meetings, Etc. |
500 |
1000 |
Admin Action |
||
|
2405 B 8 |
Failure To Attend Required Hearings, Meetings, Etc. |
500 |
1000 |
Admin Action |
||
|
Video Gaming Devices |
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|
2407 A 1 |
No Des Rep/Failure To Monitor VGD/Gaming Area |
250 |
500 |
1000 |
||
|
2407 A 3 |
Allowing Intoxicated Persons To Play Video Devices |
250 |
500 |
1000 |
||
|
2407 A 4 |
Failure Of Licensee To Supervise Employees To Ensure Compliance With Regulations |
100 |
200 |
300 |
||
|
2407 A 5 |
Failure To Pay Valid Ticket Voucher On Demand |
500 |
750 |
1000 |
||
|
2407 A 6 |
Proper Placement Of Devices |
100 |
200 |
300 |
||
|
2407 A 7 |
Licensee Shall Advise The Division Of Any Device Malfunction That Has Not Been Rectified By The Device Owner Within 24 Hours |
250 |
500 |
1000 |
||
|
2407 A 9 |
Keys Shall Be Secure And Available To The Division |
100 |
200 |
300 |
||
|
2407 A 10 |
Loss Of Access Of Device Telephone Line |
250 |
500 |
1000 |
||
|
2407 A 12 |
Licensee Shall Post Signs At Entrances To Gaming Area/Restricting Play/3 Inch Lettering |
250 |
500 |
1000 |
||
|
2407 A 14 |
No Hotline Number/Compulsive Gambling Toll Free Number Signs |
250 |
500 |
1000 |
||
|
2407 B 2 |
Video Draw Poker Employee Permit |
25 |
50 |
75 |
||
|
2407 B 8 |
Designated Reps Shall Locate Records and Documents |
250 |
500 |
1000 |
||
|
2407 C 1 |
Employee Shall Be Available To Redeem Valid Tickets |
250 |
500 |
1000 |
||
|
2407 C 1a |
Ticket Vouchers Shall Be Redeemed For Cash Only |
250 |
500 |
1000 |
||
|
2407 C 1e |
The Phrase "Any Malfunction Voids All Plays And Pays" Shall Be Displayed On The Face Of Devices |
100 |
200 |
300 |
||
|
2407 C 1f |
Failure To Make Timely Payments As Required |
500 |
1000 |
Admin Action |
||
|
2407 D |
Advertising Violation |
500 |
750 |
1000 |
||
|
Revenues |
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|
2409 C3b |
Insufficient Funds Available For Electronic Transfer --(fine as shown on the right plus interest as per 2409.C.3.d) |
250 |
500 |
1000 or Admin Action |
||
|
2409 C3d |
Insufficient Funds Available For Electronic Transfer - Fine Plus Interest As Per Rule |
500 |
1000 |
Admin Action |
||
|
2409 C4 |
A Device Owner Who Has A Non-Sufficient Fund Return W/I The Past 3 Years Shall Be Required To Maintain A Minimum Balance In The Sweep Account Or Secure With A Line Of Credit Or Bond |
500 |
1000 |
Admin Action |
||
|
2409 E 2 |
Failure To Have All Records Requested Readily Available For Audit |
500 |
1000 |
Admin Action |
||
|
Regulatory, Communication, and Reporting Responsibilities |
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|
2411 A 6 |
Failure To Provide Semi-Annual, Quarterly, Or Monthly Report Requested By Date Required |
500 |
1000 |
Admin Action |
||
|
2411 A 7 |
Failure To Retain All Records For A Period Of Three Years (Manufacturers-Five Years) |
500 |
1000 |
Admin Action |
||
|
2411 A 9 |
Failure To Maintain Required Records, Submit All Reports, And Keep The Division Informed In Writing Of Changes |
500 |
1000 |
Admin Action |
||
|
2411 A 10a |
Failure To Keep And Maintain Bank Account Documents |
500 |
1000 |
Admin Action |
||
|
2411 A 10b |
Failure To Keep And Maintain Business Records |
500 |
1000 |
Admin Action |
||
|
2411 A 12 |
All Licensed Manufacturers And Distributors Shall Maintain A Current Record Of Devices Received, Sold, And In Inventory |
500 |
1000 |
Admin Action |
||
|
2411 A 14 |
Failure To Provide A Current List Of Authorized Service Personnel |
500 |
1000 |
Admin Action |
||
|
2411 B 1 |
Failure To Provide A Semi-Annual Report Requested |
500 |
1000 |
Admin Action |
||
|
2411 D 3 |
Failure Of Device Owner To Maintain All Audit Tapes For A Period Of 3 Years |
250 |
500 |
1000 |
||
|
2411 D 6 |
Failure To Notify Division Technical Staff Prior To Removal Of Devices From Service For Less Than 72 Hours Per Device |
250 |
500 |
1000 |
||
|
2411 D7 |
Devices Disabled From The Central Computer For More Than 72 Hours Shall Be Transferred To The Device Owner's Warehouse Or Service Entity And The Division Notified With The Proper Paperwork Within Five Business Days Per Device |
250 |
500 |
1000 |
||
|
2411 E1 |
Failure Of Licensed Establishment To Provide Quarterly Report Requested By Division |
500 |
1000 |
Admin Action |
||
|
2411 E 3 |
Failure Of Licensed Truck Stops To Provide Monthly Fuel Sales Reports |
500 |
1000 |
Admin Action |
||
|
2411 F 1 |
Failure Of Licensed Service Entity To Maintain Required Records |
250 |
500 |
Admin Action |
||
|
2411 F 2 |
Failure Of Licensed Service Entity To Have A Certified Technician And Adequate Facilities Approved By The Division |
250 |
500 |
Admin Action |
||
|
2411 G 3 |
Failure To Submit Device Forms Required By The Division In A Timely Manner |
250 |
500 |
1000 |
||
|
2411 H 2 |
Failure To Provide Copies Of Written Contracts Pertaining To The Operation Of Devices Within 10 Business Days Of Making Such Contract |
500 |
1000 |
Admin Action |
||
|
Devices |
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|
2413 A 1 E |
Unapproved Information On Device Screen/Housing |
100 |
200 |
300 |
||
|
2413 A 1 E Ii |
The Phrase "No Persons Under The Age Of 21 Allowed To Play" Shall Be Conspicuously Displayed On The Face Of All Devices |
100 |
200 |
300 |
||
|
2413 A 1 L |
Device Must Have An Approved And Functioning Security System For Temporarily Disabling Device And Alerting The Central System When The Device Is Opened |
250 |
500 |
1000 |
||
|
2413 E 1 |
Only Certified Technicians May Access The Interior Of An Enrolled And Enabled Device |
1000 |
2000 |
Admin Action |
||
|
2413 E 7 |
All Device Owners Shall Maintain A Current, Written Maintenance Log For Each Device Operating Within A Licensed Establishment On A Division Approved Form |
100 |
200 |
300 |
||
|
2413 E 8 |
A Division Approved Ram Clear Chip And Procedure Shall Be Used When A Device's Memory Is To Be Cleared |
500 |
1000 |
Admin Action |
||
|
2413 E 9 |
Prior Approval Must Be Obtained Before A Software Program Is Changed In Any Device |
500 |
1000 |
Admin Action |
||
|
2413 E 12 |
The Division Shall Be Notified Before A Device Is Disconnected From Central Computer |
500 |
1000 |
Admin Action |
||
|
2413 F 1 |
Failure To Provide Information Of Shipment Of Devices And Obtaining Division Approval |
500 |
750 |
1000 |
||
|
2413 F 2 |
Failure To Provide Division With The Make, Model, Serial Number And An Inventory Of The Devices Being Shipped |
500 |
750 |
1000 |
||
|
2413 F 4 |
Devices Shall Be Shipped Within Ten Business Days Of The Notification And Approval |
500 |
750 |
1000 |
||
|
2413 G 1 |
Failure To Request Local Law Enforcement To Investigate Damage Or Theft Of Any Device |
250 |
500 |
1000 |
||
|
2413 G 2 |
Failure To Obtain And Forward Requested Reports To The Division After Investigation |
250 |
500 |
1000 |
||
|
2413 G 3 |
The Device Owner Or Licensed Establishment Shall Notify The Division, In Writing, Of Any Damage To Or Theft From A Device |
250 |
500 |
1000 |
||
|
2413 H 2 |
The Completed Device Transfer Report Shall Be Submitted To The Division Within Five Business Days |
200 |
400 |
600 |
||
|
2413 H 3 |
No Devices Which Are Permanently Removed From Service Shall Have A Validation Decal Displayed On It |
200 |
400 |
600 |
||
|
Gaming Establishments |
||||||
|
2415 B 2 |
All Type 5 Establishments With 20 Or More Devices Shall Provide Video Surveillance Approved By Division |
500 |
1000 |
Admin Action |
||
|
2415 C 1 |
Device Groupings Shall Be Physically Located Within The Licensed Establishment |
250 |
500 |
1000 |
||
|
2415 C 2 |
No Device Shall Be Placed Closer Than Twelve Inches To Any Other Device (May Be Placed Back To Back) |
100 |
200 |
300 |
||
|
2415 C 1 |
Device Improperly Located |
250 per device |
Admin Action |
Admin Action |
||
|
2415 C 2 |
No Device Shall Be Placed Closer Than 6 Inches To Any Other Device (May Be Placed Back To Back) |
100 |
200 |
300 |
||
|
2415 C 3 |
Device Improperly Located |
250 per device |
Admin Action |
Admin Action |
||
|
2415 D 1 |
No Licensed Establishment Shall Be Altered Or Renovated Dealing With Devices Without Division Approval |
500 |
1000 |
Admin Action |
||
|
2415 D 2 |
Any Licensed Establishment That Allows Mixed Patronage Shall Have Devices In Designated Areas With A Partition |
250 |
500 |
1000 |
||
|
2415 D 3a |
A Licensed Establishment That Is Connected To Another Business Shall Have A Door Between Them That Automatically Closes |
250 |
500 |
1000 |
||
|
2415 D 3b |
A Licensed Establishment That Is Connected To Another Business Shall Have A Separate Outside Entrance |
250 |
500 |
1000 |
||
|
2415 D 3c |
A Licensed Establishment That Is Connected To Another Business Shall Keep Records Separate |
250 |
500 |
1000 |
||
|
2415 D 3d |
A Licensed Establishment That Is Connected To Another Business Shall Have Personnel That Are Solely Employed By The Licensed Establishment |
250 |
500 |
1000 |
||
|
2415 D 4 |
The Parking Area Of A Truck Stop Facility Shall Be In Compliance With All Federal, State And Local Laws |
250 |
500 |
1000 |
||
|
Code of Conduct of Licensee |
||||||
|
2417 A 1 |
All Licensees And Permittees Shall Comply With All Applicable Federal, State, And Local Laws And Regulations |
250 |
500 |
1000 |
||
|
2417 B 4 |
Failure to disclose within 10 calendar days, the following: Misdemeanor Arrest Felony Arrest Marriage/Divorce/ Property Settlement Entity Name Change or Conversion Management Change (appointment or resignation) |
250 500 250 500 500 |
250 1000 250 Admin Action Admin Action |
500 Admin Action 500 Admin Action Admin Action |
||
|
2417 C 1 I |
Failure To Respond In A Timely Manner To Communications From The Division Or Board (10-Day Letters) |
500 |
1000 |
2000 |
||
|
Investigations |
||||||
|
2419 B 2 |
All Licensees Shall Make Available To The Division Records Requested |
500 |
1000 |
Admin Action |
||
|
2419 B 3b |
All Devices Shall Have, At All Times, The Proper Validation Decal Affixed To The Device And Maintenance Log Books Properly Secured And Available For Inspection |
250 |
500 |
Admin Action |
||
|
Miscellaneous |
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|
27:402(14) |
Expired ATC Permits Renewed during Investigation or Adjudication Establishments Primarily Engaged in the Retail Sale of Prepared Foods and Alcoholic Beverages Must Possess a Valid Class A-General Retail Permit or a Class A-Restaurant Permit |
1000 Plus 500 For Each 30-Day (or Portion of A 30-Day) Period |
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|
27:435(F)(2) |
A Non-Sufficient Fund Return |
250 |
500 |
1000 or Admin Action |
||
|
27:435(K)(4)(b) |
Required Annual Fees Submitted after July First, but on or before July Thirty-First |
Type 1 Or 2 License 250 |
Type 3-8 License 500 |
|||
|
27:435(K)(4)(c) |
Required Annual Fees Submitted after July Thirty-First, but on or before August Thirty-First |
Type 1 Or 2 License 500 |
Type 3-8 License 1000 |
|||
|
27:435(L) |
A Complete Renewal Application Filed within 30 Calendar Days after the Expiration of the License |
500 |
||||
|
27:443 |
Allowing Underage Patron to Play Video Gaming Device |
1000 |
1000 |
Revocation |
||
C. A violation shall be considered a second or subsequent violation in accordance with the provisions of R.S. 27:308.1(D)(1)(b).
D. All civil penalties shall be paid by personal, company, certified or cashier's check, money order, electronic funds transfer or other form of electronic payment.
AUTHORITY NOTE: Promulgated in accordance with R.S. 33:4862.1 et seq.
