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STATE OF RHODE ISLAND
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IN GENERAL ASSEMBLY
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JANUARY SESSION, A.D. 2013
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____________
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A N A C T
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RELATING TO SPORTS, RACING, AND ATHLETICS -- CASINO GAMING
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Introduced By: Senators Goodwin, Felag, McCaffrey, Bates, and Ruggerio
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Date Introduced: June 05, 2013
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Referred To: Senate Judiciary
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It is enacted by the General Assembly as follows:
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SECTION 1. Chapter 41-9.1 of the General Laws entitled "The Rhode Island Gaming
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Control and Revenue Act" is hereby repealed in its entirety.
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CHAPTER 41-9.1
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The Rhode Island Gaming Control and Revenue Act
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41-9.1-1. Title. -- This chapter shall be known as the "Rhode Island Gaming Control and
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Revenue Act."
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41-9.1-2. Legislative findings. -- The general assembly makes the following findings:
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(1) In accord with R.I. Const. Art. VI, section 22, only the people of the State of Rhode
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Island can determine whether the state should pursue casino gaming as a source of revenue;
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(2) The people should be able to make this determination in a manner that is consistent
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with the Rhode Island Constitution;
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(3) The people should be able to exercise their right and their elected representatives
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should be able to implement the people's determination based upon clear and objective criteria;
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(4) A potential casino licensee should be provided with clear and objective criteria;
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(5) Casino states have diverse regulatory schemes, but all have strong legislative and
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regulatory oversight to ensure integrity of casino operations and to maintain public confidence;
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(6) To ensure the integrity of the commercial casino gaming industry and its reputation
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in Rhode Island, commercial casino gaming needs the strictest possible regulation with law
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enforcement oversight;
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(7) There are socio-economic costs that expanded gaming may impose on communities
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and the state;
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(8) Problem gambling already exists in Rhode Island and may increase with the
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introduction of casino gaming;
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(9) The state of Rhode Island should follow the lead of other casino jurisdictions and
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take measures designed to detect the extent of problem gambling, educate the public, and assure
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availability of resources for treatment.
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41-9.1-3. Definitions. -- As used in this chapter, the following terms are defined as
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follows:
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(1) "Adjusted gross receipts" means the gross receipts less winnings paid to wagerers.
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(2) "Affiliate" means a person who, directly or indirectly, through one or more
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intermediaries, controls, is controlled by, or is under common control with; is in a partnership
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(general or limited) or joint venture relationship with; or is a co-shareholder of a corporation, a
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co-member of a limited liability company, or co-partner in a limited liability partnership with a
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person who holds or applies for a casino license under this chapter.
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(3) "Affiliated company" means any form of business organization which controls, is
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controlled by or is under common control with, is in a partnership (general or limited) or joint
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venture relationship with, or is a co-shareholder of a corporation, a co-member of a limited
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liability company, or co-partner in a limited liability partnership with a person who holds or
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applies for a casino license under this chapter.
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(4) "Agent" means any person who is employed by any agency of the state other than the
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state lottery division, the state police, or attorney general who is assigned to perform full-time
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services on behalf of or for the benefit of the state lottery division regardless of the title or
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position held by that person.
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(5) "Applicant" means any person who applies for any right, license or registration under
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this chapter:
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(6) "Casino" means a building in which gaming is conducted.
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(7) "Casino licensee" or "casino operator" means any person licensed to conduct gaming
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operations according to the provisions of this chapter.
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(8) "Chairperson" means the chairperson of the state lottery division.
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(9) "Commission" means the state lottery division as created by chapter 61 of title 42.
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(10) "Company" means a sole proprietorship, corporation partnership (general or
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limited), limited liability partnership, limited liability company, trust, association, joint stock
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company, joint venture tribal corporation or other form of business organization.
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(11) "Compensation" means any money, thing of value or financial benefit conferred on
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or received by a person in return for services rendered or to be rendered, whether by that person
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or another.
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3-57
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(12) "Conflict of interest" means a situation in which the private interest of a member,
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employee, or agent of the state lottery division may influence the judgment of the member,
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employee, or agent in the performance of his or her public duty under this chapter. A conflict of
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interest includes, but is not limited to, the following:
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(i) Any conduct that would lead a reasonable person knowing all of the circumstances, to
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conclude that the member, employee, or agent of the state lottery division is biased against or in
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favor of an applicant.
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(ii) Acceptance of any form of compensation other than from the state lottery division,
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for any services rendered as part of or related to the official duties of the member, employee, or
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agent for the state lottery division.
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(iii) Participation in any business being transacted with or before the state lottery
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division, in which the member, employee, or agent of the state lottery division, or his or her
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parent, spouse or child, has a financial interest.
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(iv) Use of the position, title, or any related authority of the member, employee, or agent
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of the state lottery division in a manner designed for personal gain or benefit.
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(v) Demonstration through work or other action in the performance of the official duties
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of the member, employee, or agent of the state lottery division of any preferential attitude or
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treatment of any person.
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(13) "Control" means having a greater than twenty percent (20%) direct or indirect
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pecuniary interest in the gaming operation with respect to which the license is sought.
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(14) "Development agreement" means a written agreement between an applicant for a
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casino license and the Town of West Warwick pertaining to the casino including, but not limited
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to, approval of the location of the site and the process for addressing and approving zoning, land
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use, utility and other essential services, on-site and off-site improvements, local impacts and
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construction and operational issues.
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(15) "Disciplinary action" is an action by the state lottery division suspending or
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revoking a license, fining, excluding, reprimanding or otherwise penalizing a person for violating
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this chapter or rules promulgated by the state lottery division.
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(16) "Financial interest" or "financially interested" means any interest in investments,
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awarding of contracts, grants, loans, purchases, leases, sales, or similar matters under
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consideration or consummated by the state lottery division. A member, employee, or agent of the
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state lottery division will be considered to have a financial interest in a matter under consideration
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if any of the following circumstances exist:
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(i) He or she owns a five percent (5%) or greater direct or indirect pecuniary interest in
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any party to the matter under consideration or consummated by the state lottery division; or
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(ii) He or she is employed by or is an independent contractor for a party to the matter
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under consideration or consummated by the state lottery division.
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(17) "Gambling game" means any game played with cards, dice, equipment or a
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machine, including any mechanical, electromechanical or electronic device which shall include
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computers and cashless wagering systems, for money, credit, or any representative of value;
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including, but not limited to faro, monte, roulette, keno, bingo fan tan, twenty-one, blackjack,
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seven and a half, klondike, craps, poker, chuck a luck, Chinese chuck a luck (dai shu), wheel of
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fortune, chemin de fer, baccarat, pai gow, beat the banker, panguingui, slot machine, any banking
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or percentage game, or any other game or device approved by the state lottery division, but does
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not include games played with cards in private homes or residences in which no person makes
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money for operating the game.
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(18) "Game" means any banking or percentage game located exclusively within a
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licensed casino, which is played with cards, dice, or any electronic, electrical, or mechanical
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device or machine for money, property, or any thing of value.
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(19) "Gaming" means to deal, operate, carry on, conduct, maintain or expose or offer for
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play any gambling game or gaming operation.
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(20) "Gaming device" means any equipment or mechanical, electromechanical, or
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electronic contrivance component or machine used directly or indirectly in connection with
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gaming or any game which affects the result of a wager by determining win or loss. The term
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includes a system for processing information, which can alter the normal criteria of random
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selection which affects the operation of any game or which determines the outcome of a game.
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The term does not include a system or device, which affects a game solely by stopping its
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operation so that the outcome remains undetermined.
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(21) "Gaming operation" means the conduct of authorized gambling games in a casino
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pursuant to this chapter but does not include those operations governed by chapters 61 and 61.2
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of Title 42.
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(22) "Gaming supplier" means any person who supplies, sells or leases or contracts to
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sell or lease gaming devices, equipment, or supplies to a holder of a license or a casino gaming
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operator.
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(23) "Gaming supplier permit" means the permit of a gaming supplier.
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(24) "Gaming supplies" means all materials and supplies other than gaming devices
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which the state lottery division finds or determines to be used or expended in gaming operations
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or activities and that can impact the outcome of game.
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(25) "Gross receipts" means the total of all sums including valid or invalid checks,
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currency, tokens, coupons, vouchers, or instruments of monetary value whether collected or
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uncollected, received by a casino licensee from gaming, including all entry fees assessed for
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tournaments or other contests less a deduction for uncollectible gaming receivables not to exceed
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the uncollectible amounts owed as a result of wagers placed at or through a gambling game or
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four percent (4%) of the total gross receipts, whichever is less. The licensee shall not receive the
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deduction unless the licensee provides written proof to the state treasurer of the uncollected
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gaming receivable and has complied with all rules promulgated by the state lottery division
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regarding the issuance of credit and the collection of amounts due under a credit extension.
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(26) "Institutional investor" means a person that is:
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(a) A plan or trust established and maintained by the United States government, a state,
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or a political subdivision of a state for the benefit of its respective employees.
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(b) An investment company that is registered under the Investment Company Act of
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1940.
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(c) A Collective Investment Trust organized by a bank under Part Nine of the rules of the
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Comptroller of the Currency.
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(d) A closed end investment trust registered with the United States Securities and
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Exchange Board.
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(e) A mutual fund.
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(f) A life insurance company or property and casualty insurance company.
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(g) A federal or state bank.
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(h) An investment advisor registered under the Investment Advisors Act of 1940.
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(i) Such other similar regulated entities as may be approved by the state lottery division
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for good cause.
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(27) "Institutional lender" means a person that is:
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(a) An insurance company regulated by any state of the United States.
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(b) Any investment company registered under the Investment Company Act of 1940.
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(c) Any plan established and maintained by a state, its political subdivision or any
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agency or instrumentality of a state or its political subdivisions for the benefit of its employees.
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(d) Any trust fund, the trustee of which is a bank or trust.
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(e) Any investment adviser registered with the United States Securities and Exchange
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Board.
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(f) Any real estate investment trust registered with the United States Securities and
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Exchange Board.
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(g) Any dealer registered pursuant to section 15 of the Securities and Exchange Act of
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1934.
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(h) Any qualified institutional buyer, as defined in Rule 144A under the Securities Act of
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1933 and any entity, all of the equity owners of which are qualified institutional buyers, as
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defined in rule 144A under the Securities Act of 1933, acting for its own account or the accounts
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of other qualified institutional buyers.
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(i) Any bank as defined in section 3(a)(2) of the Securities Act of 1933, any savings and
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loan association or other institution as referenced in section 3(a)(5)(A) of the Securities Act of
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1933, or any foreign bank or savings and loan association or equivalent institution or any
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investment fund that participates in a bank syndication, and any purchaser that takes an
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6-13
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assignment or other participation interest in the bank syndication.
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(j) Any investor or group of investors purchasing debt securities of a licensee, permittee,
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or casino gaming operator, or a subsidiary of a licensee, permittee or casino gaming operator, in
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any public offering registered pursuant to the Securities Act of 1933 or through any private
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placement, and any investor purchasing such securities in a subsequent sale; however, such
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securities are widely held and freely traded, and the investor holds no more than twenty percent
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(20%) of a licensee, permittee or casino gaming operator's total debt or fifty percent (50%) of a
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material debt issue unless otherwise approved by the state lottery division, so as not to give such
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investor the ability to control a licensee, permittee, or casino gaming operator.
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(k) Any business development company as defined in section 2(a)(48) of the Investment
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Company Act of 1940.
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(l) Any business development company as defined in section 202(a)(22) of the
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Investment Advisers Act of 1940.
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(m) Any other regulated lender as the state lottery division may determine in its sole
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discretion consistent with the provisions of this chapter.
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(n) Such other similar regulated entities as may be approved by the state lottery division
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for good cause.
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(28) "Key gaming employee" means any natural person employed in the operation of a
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licensed casino facility in a supervisory managerial capacity or empowered to make discretionary
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decisions, which regulate casino facility operations, as determined by the state lottery division.
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(29) "Key gaming employee permit" means the permit of a key gaming employee.
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(30) "License" means an authorization issued to a person or entity by or in the name of
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the state lottery division to engage in or assist gaming operations or activities regulated by this
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chapter.
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(31) "Licensee" means any employee, agent, person or entity that is required to be issued
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a license under this chapter or under the rules and regulations of the state lottery division.
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(32) "Managerial employee" means a person who by virtue of the level of their
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7-40
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remuneration or otherwise holds a management supervisory, or policy-making position with any
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authorized licensee pursuant to this chapter, vendor, or the state lottery division.
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(33) "Manufacturer" means any person or entity that manufactures or assembles
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7-43
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programs or slot machines or other gaming devices for sale or use in this state.
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(34) "Master contract" means that contract entered into among the Narragansett Indian
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Tribe, Harrah's Entertainment, Inc. or an Affiliate thereof ("Harrah's") and the state lottery
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division, which contract would have a term commencing on the date of execution and expiring
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ten (10) years from the date that Harrah's opens the casino for business.
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(35) "Member" means a member appointed to the state lottery division's board.
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(36) "Municipality" means any city or town within the state.
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(37) "Non-gaming supplier" means any person or entity that sells, leases, or otherwise
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7-51
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distributes directly or indirectly, goods or services other than gaming devices and supplies to the
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holder of a license.
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7-53
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(38) "Permit" means any permit or authorization, or application therefore, issued
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7-54
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pursuant to the provisions of this chapter.
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(39) "Permittee" means any person or entity that is issued or applying for a permit
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pursuant to the provisions of this chapter.
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(40) "Person" means an individual, corporation, limited liability company, association,
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7-58
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partnership (general or limited), limited liability partnership, trust, entity, or other legal entity.
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7-59
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(41) "Security" means the protection of information that would or could provide an
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7-60
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unfair advantage to any individual involved in the operation of the casino gaming; protection and
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preservation of the integrity of casino gaming games and operations; as well as measures taken to
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7-62
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prevent crimes against a gaming operator or the state lottery division.
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7-63
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(42) "Slot machine" means any mechanical, electrical, or other device, contrivance, or
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7-64
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machine which, upon insertion of a coin, token, card or similar object therein or upon payment of
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7-65
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any consideration whatsoever, is available to play or operate the play or operation of which,
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whether by reason of the skill of the operator or application of the element of change, or both,
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may deliver or entitle the person playing or operating the machine to receive cash, premiums,
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merchandise, tokens, or any thing of value, whether the payoff is made automatically from the
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8-1
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machine or in any other manner.
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(43) "Suitable" "suitability" or "suitability requirements" means the criteria provided for
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in section 41-9.1-22.
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(44) "Vendor" means a person who supplies any goods or services to a casino licensee.
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8-5
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(45) "Video Lottery Terminal revenue" means net terminal income derived from video
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8-6
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lottery games and deposited in the general fund and to the state lottery division for administrative
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8-7
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purposes pursuant to section 42-61.2-7(a)(1).
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8-8
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(46) "Wagerer" means a person who plays a gambling game authorized under this
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8-9
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chapter.
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8-10
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(47) "Wagering tax revenue" means the tax revenue to the state derived from the taxes
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8-11
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imposed on the adjusted gross receipts of the casino licensee in accordance with section 41-9.1-
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8-12
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12(b).
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8-13
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(48) "Winnings" means the total cash value of all property or sums including currency,
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8-14
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tokens, or instruments of monetary value paid to wagerers as a direct result of wagers placed at or
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8-15
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through a gambling game.
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8-16
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41-9.1-4. State lottery division -- Members, employees, agents -- Powers and duties. -
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8-17
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- (a) In addition to its powers and duties set forth in chapter 61 of title 42, the state lottery
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8-18
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division shall have the powers and duties specified within this chapter and all other powers
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8-19
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necessary and proper to fully and effectively execute and administer the provisions of this chapter
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8-20
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for its purpose of licensing, regulating and enforcing the system of casino gaming.
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8-21
|
(b) By January 31st of each year, each member of the state lottery division shall prepare
|
|
8-22
|
and file with the office of the state lottery division, a member disclosure form in which the
|
|
8-23
|
member does all of the following:
|
|
8-24
|
(1) Affirms that the member or the member's spouse, parent, child, or child's spouse is
|
|
8-25
|
not a member of the board of directors, or financially interested in, or employed by a licensee or
|
|
8-26
|
applicant.
|
|
8-27
|
(2) Affirms that the member continues to meet any other criteria for state lottery division
|
|
8-28
|
membership under this chapter or the rules promulgated by the state lottery division.
|
|
8-29
|
(3) Discloses any other information as may be required to ensure that the integrity of the
|
|
8-30
|
state lottery division and its work is maintained.
|
|
8-31
|
(c) By January 31st of each year, each employee of the state lottery division shall
|
|
8-32
|
prepare and file with the office of the state lottery division an employee disclosure form in which
|
|
8-33
|
the employee does all of the following:
|
|
9-34
|
(1) Affirms the absence of financial interests prohibited by this chapter.
|
|
9-35
|
(2) Discloses any legal or beneficial interests in any real property that is or that may be
|
|
9-36
|
directly or indirectly involved with gaming or gaming operations authorized by this chapter.
|
|
9-37
|
(3) Discloses whether the employee or the employee's spouse, parent, child, or child's
|
|
9-38
|
spouse is financially interested in or employed by licensee or applicant.
|
|
9-39
|
(4) Discloses such other matters as may be required to ensure that the integrity of the
|
|
9-40
|
state lottery division and its work is maintained.
|
|
9-41
|
(d) A member, employee, or agent of the state lottery division who becomes aware that
|
|
9-42
|
the member, employee or agent of the state lottery division or his or her spouse, parent, or child is
|
|
9-43
|
a member of the board of directors; or financially interested in, or employed by, a licensee or an
|
|
9-44
|
applicant shall immediately provide detailed written notice thereon to the chairperson.
|
|
9-45
|
(e) A member, employee or agent of the state lottery division who has been indicted,
|
|
9-46
|
charged with, convicted of, pled guilty or nolo contendere to or forfeited bail concerning a
|
|
9-47
|
misdemeanor or felony involving gaming, dishonesty, theft, or fraud in this state or any state or of
|
|
9-48
|
the United States shall immediately provide detailed written notice of the conviction or charge to
|
|
9-49
|
the chairperson.
|
|
9-50
|
(f) Any member, employee, or agent of the state lottery division who is negotiating for,
|
|
9-51
|
or acquires by any means any interest in any person who is a licensee or an applicant, or any
|
|
9-52
|
person affiliated with such a person, shall immediately provide written notice of the details of the
|
|
9-53
|
interest to the chairperson. The member, employee, or agent of the state lottery division shall not
|
|
9-54
|
act on behalf of the state lottery division with respect to that person.
|
|
9-55
|
(g) A member, employee, or agent of the state lottery division may not enter into any
|
|
9-56
|
negotiations for employment with any person or affiliate of any person who is a licensee or an
|
|
9-57
|
applicant, and shall immediately provide written notice of the details of any such negotiations or
|
|
9-58
|
discussions to the chairperson. The member, employee, or agent of the state lottery division shall
|
|
9-59
|
not take any action on behalf of the state lottery division with respect to that person.
|
|
9-60
|
(h) Any member, employee, or agent of the state lottery division who receives an
|
|
9-61
|
invitation, written or oral, to initiate a discussion concerning employment or the possibility of
|
|
9-62
|
employment with a person or affiliate of a person who is a licensee or an applicant shall
|
|
9-63
|
immediately report that he or she received the invitation to the chairperson. The member,
|
|
9-64
|
employee, or agent of the state lottery division shall not take action on behalf of the state lottery
|
|
9-65
|
division with respect to the person.
|
|
9-66
|
(i) A licensee or applicant shall not knowingly initiate a negotiation for or discussion of
|
|
9-67
|
employment with a member, employee, or agent of the state lottery division. A licensee or
|
|
9-68
|
applicant who initiates a negotiation or discussion about employment shall immediately provide
|
|
10-1
|
written notice of the details of the negotiation or discussion to the chairperson as soon as he or
|
|
10-2
|
she becomes aware that the negotiation or discussion has been initiated with a member,
|
|
10-3
|
employee, or agent of the state lottery division.
|
|
10-4
|
(j) A member, employee, or agent of the state lottery division, or former member,
|
|
10-5
|
employee, or agent of the state lottery division, shall not disseminate or otherwise disclose any
|
|
10-6
|
material or information in the possession of the state lottery division that the state lottery division
|
|
10-7
|
considers confidential unless specifically authorized to do so by the chairperson of the state
|
|
10-8
|
lottery division.
|
|
10-9
|
(k) A member, employee or agent of the state lottery division shall not engage in any
|
|
10-10
|
conduct that constitutes a conflict of interest and shall immediately advise the chairperson, in
|
|
10-11
|
writing, of the details of any incident or circumstances that would present the existence of a
|
|
10-12
|
conflict of interest with respect to the performance of the state lottery division -related work or
|
|
10-13
|
duty of the member, employee, or agent of the state lottery division.
|
|
10-14
|
(l) A member, employee, or agent of the state lottery division who is approached and
|
|
10-15
|
offered a bribe shall immediately provide written account of the details of the incident to the
|
|
10-16
|
chairperson and to a law enforcement officer of a law enforcement agency having jurisdiction.
|
|
10-17
|
(m) A member, employee, or agent of the state lottery division shall disclose his or her
|
|
10-18
|
past involvement with any casino interest in the past five (5) years.
|
|
10-19
|
(n) A member, employee, or agent of the state lottery division or a parent, spouse,
|
|
10-20
|
sibling, spouse of a sibling, child, or spouse of a child of a member, employee, or agent of the
|
|
10-21
|
state lottery division may not accept, other than that which they may be able to receive as a
|
|
10-22
|
legislator in compliance with campaign contribution, disclosure and other rules, regulations and
|
|
10-23
|
general laws in existence, any gift, gratuity, compensation, travel, lodging, or anything of value,
|
|
10-24
|
directly or indirectly, from any licensee or any applicant or affiliate or representative of an
|
|
10-25
|
applicant or licensee. Any member, employee, or agent of the state lottery division who is offered
|
|
10-26
|
or receives any gift, gratuity, compensation, travel, lodging, or anything of value, directly or
|
|
10-27
|
indirectly, from any licensee or any applicant or affiliate or representative of an applicant or
|
|
10-28
|
licensee shall immediately provide written notification of the details to the chairperson.
|
|
10-29
|
(o) A licensee or applicant, or affiliate or representative of an applicant or licensee, may
|
|
10-30
|
not, directly or indirectly, give or offer to give any gift, gratuity, compensation, travel, lodging, or
|
|
10-31
|
anything of value to any member, employee, or agent of the state lottery division which the
|
|
10-32
|
member, employee, or agent of the state lottery division is prohibited from accepting under
|
|
10-33
|
subsection (j).
|
|
11-34
|
(p) Except as follows, no member, employee, or agent of the state lottery division may
|
|
11-35
|
participate in or wager on any gambling game conducted by any licensee or applicant or any
|
|
11-36
|
affiliate of an applicant or licensee in Rhode Island or in any other jurisdiction. A member,
|
|
11-37
|
employee, or agent of the state lottery division may participate in and wager on a gambling game
|
|
11-38
|
conducted by a licensee under this chapter, to the extent authorized by the chairperson or board of
|
|
11-39
|
the state lottery division as part of the person's surveillance, security, or other official duties for
|
|
11-40
|
the state lottery division.
|
|
11-41
|
(q) A former member, employee or agent of the state lottery division may appear before
|
|
11-42
|
the state lottery division as a fact witness about matters or actions handled by the member,
|
|
11-43
|
employee, or agent during his or her tenure as a member, employee, or agent of the state lottery
|
|
11-44
|
division. The member, employee, or agent of the state lottery division shall not receive
|
|
11-45
|
compensation for such an appearance other than standard witness fee for reimbursement for travel
|
|
11-46
|
expenses as established by statute or court rule.
|
|
11-47
|
(r) A new or current employee or agent of the state lottery division shall obtain written
|
|
11-48
|
permission from the executive director before continuing outside employment held at the time the
|
|
11-49
|
employee begins to work for the state lottery division. Permission shall be denied, or permission
|
|
11-50
|
previously granted will be revoked, if the nature of the work is considered to or does create a
|
|
11-51
|
possible conflict of interest or otherwise interferes with the duties of the employee or agent for
|
|
11-52
|
the state lottery division.
|
|
11-53
|
(s) An employee or agent of the state lottery division granted permission for outside
|
|
11-54
|
employment shall not conduct any business or perform any activities, including solicitation,
|
|
11-55
|
related to outside employment on premises used by the state lottery division or during the
|
|
11-56
|
employee's working hours for the state lottery division.
|
|
11-57
|
(t) Whenever the chairperson, as an employee of the state lottery division, is required to
|
|
11-58
|
file disclosure forms or report, in writing, the details of any incident or circumstance pursuant to
|
|
11-59
|
this section, he or she shall make such filings or written reports to the state lottery division.
|
|
11-60
|
(u) The chairperson shall report any action he or she has taken or contemplates taking
|
|
11-61
|
under this section with respect to an employee or agent or former employee or former agent to the
|
|
11-62
|
state lottery division at the next meeting of the state lottery division. The state lottery division
|
|
11-63
|
may direct the executive director to take additional or different action.
|
|
11-64
|
(v) Violation of this section by a licensee or applicant, or affiliate of a licensee or
|
|
11-65
|
applicant, may result in denial of the application of licensure or revocation or suspension of
|
|
11-66
|
license or other disciplinary action by the state lottery division.
|
|
11-67
|
(w) Violation of this section by a member of the state lottery division may result in
|
|
11-68
|
disqualification or constitute cause for removal pursuant to the provisions of this chapter or other
|
|
12-1
|
disciplinary action as determined by the state lottery division.
|
|
12-2
|
(x) A violation of this section by an employee or agent of the state lottery division will
|
|
12-3
|
not result in termination of employment if the state lottery division determines that the conduct
|
|
12-4
|
involved does not violate the purpose of this chapter. However, employment will be terminated as
|
|
12-5
|
follows:
|
|
12-6
|
(1) If, after being offered employment or beginning employment with the state lottery
|
|
12-7
|
division, the employee or agent intentionally acquires a financial interest in a licensee or an
|
|
12-8
|
applicant, or affiliate of a licensee or applicant, employment with the state lottery division shall
|
|
12-9
|
be terminated.
|
|
12-10
|
(2) If a financial interest in a licensee or an applicant, or affiliate of a licensee or
|
|
12-11
|
applicant, is acquired by an employee or agent that has been offered employment with the state
|
|
12-12
|
lottery division, an employee of the state lottery division, or the employee's or agent's spouse,
|
|
12-13
|
parent, or child, through no intentional action of the employee or agent, the individual shall have
|
|
12-14
|
up to thirty (30) days to divest or terminate the financial interest. Employment may be terminated
|
|
12-15
|
if the interest has not been divested after thirty (30) days.
|
|
12-16
|
(3) Employment shall be terminated if the employee or agent is a spouse, parent, child,
|
|
12-17
|
or spouse of a child of a state lottery division member.
|
|
12-18
|
(y) Violation of this section does not create a civil cause of action.
|
|
12-19
|
(z) As used in this section, "Outside employment" includes, but is not limited to, the
|
|
12-20
|
following:
|
|
12-21
|
(1) Operation of a proprietorship.
|
|
12-22
|
(2) Participation in a partnership or group business enterprise.
|
|
12-23
|
(3) Performance as a director or corporate officer of any for-profit corporation or
|
|
12-24
|
banking or credit institution.
|
|
12-25
|
41-9.1-5. State lottery division -- Jurisdiction -- Powers. -- (a) In addition to its
|
|
12-26
|
jurisdiction and powers set forth in chapter 61 of title 42, the state lottery division shall also have
|
|
12-27
|
such jurisdiction and powers as provided for in this title. The state lottery division shall have
|
|
12-28
|
jurisdiction over and shall supervise all gaming operations governed by this chapter. The state
|
|
12-29
|
lottery division shall have all powers necessary and proper to fully and effectively execute this
|
|
12-30
|
chapter; including, but not limited to, the authority to do all of the following:
|
|
12-31
|
(1) Investigate applicants and determine the eligibility of applicants for licenses or
|
|
12-32
|
registration and to grant licenses to applicants in accordance with this chapter and the rules
|
|
12-33
|
promulgated under this chapter.
|
|
13-34
|
(2) Have jurisdiction over and supervise casino gaming authorized by this chapter and all
|
|
13-35
|
persons in casinos where gaming is conducted under this chapter.
|
|
13-36
|
(3) Enter, to the extent permissible under the Constitutions of the State of Rhode Island
|
|
13-37
|
and of the United States of America, through its investigators agents, auditors, and the state police
|
|
13-38
|
at any time without a warrant and without notice to the licensee, the premises, offices, casinos,
|
|
13-39
|
facilities or other places of business of a casino licensee or gaming supplier permittee where
|
|
13-40
|
evidence of the compliance or noncompliance with this chapter or the rules promulgated by the
|
|
13-41
|
state lottery division is likely to be found, for the following purposes:
|
|
13-42
|
(i) To inspect and examine all premises wherein casino gaming or the business of
|
|
13-43
|
gaming or the business of a gaming supplier is conducted, or where any records of the activities
|
|
13-44
|
are prepared.
|
|
13-45
|
(ii) To inspect, examine, audit, impound, seize or assume physical control of, or
|
|
13-46
|
summarily remove from the premises all books, ledgers, documents, writings, photocopies,
|
|
13-47
|
correspondence, records, videotapes, including electronically stored records, money receptacles,
|
|
13-48
|
other containers and their contents, equipment in which the records are stored, or other gaming
|
|
13-49
|
related equipment and supplies on or around the premises including counting rooms.
|
|
13-50
|
(iii) To inspect the person, and inspect, examine and seize personal effects present in a
|
|
13-51
|
casino facility licensed under this chapter, of any holder of a license or registration issued
|
|
13-52
|
pursuant to this chapter while that person is present in a licensed casino facility.
|
|
13-53
|
(iv) To investigate and deter alleged violations of this chapter or the rules promulgated
|
|
13-54
|
by the state lottery division.
|
|
13-55
|
(4) Investigate alleged violations of this chapter or rules promulgated by the state lottery
|
|
13-56
|
division and to take appropriate disciplinary action against a licensee, permittee or any other
|
|
13-57
|
person or holder of an occupational license or permit for a violation, or institute appropriate legal
|
|
13-58
|
action for enforcement, or both.
|
|
13-59
|
(5) Adopt standards for the licensing or permitting of all persons pursuant to this chapter,
|
|
13-60
|
as well as for electronic or mechanical gambling games, and to establish fees for such licenses
|
|
13-61
|
and permits.
|
|
13-62
|
(6) Adopt appropriate standards for all casino gaming facilities and equipment.
|
|
13-63
|
(7) Require that all records of casino licensees and gaming supplier permittees, including
|
|
13-64
|
financial or other statements, be kept on the premises of the casino licensee or gaming supplier
|
|
13-65
|
permittee in the manner prescribed by the state lottery division.
|
|
13-66
|
(8) Require that the casino licensee submit to the state lottery division an annual balance
|
|
13-67
|
sheet, profit and loss statement, and any other information the state lottery division considers
|
|
13-68
|
necessary in order to effectively administer this chapter, all rules promulgated by the state lottery
|
|
14-1
|
division, and orders and final decisions made under this chapter.
|
|
14-2
|
(9) Prescribe a form to be used by any licensee involved in the ownership or
|
|
14-3
|
management of gambling operations as an application for employment for prospective
|
|
14-4
|
employees.
|
|
14-5
|
(10) Revoke or suspend licenses or permits, impose fines and penalties as the state
|
|
14-6
|
lottery division considers necessary and in compliance with this chapter and applicable laws of
|
|
14-7
|
the state regarding administrative procedure, and review and decide the renewal of licenses.
|
|
14-8
|
(11) In addition to a disassociated person, eject or exclude or authorize the ejection or
|
|
14-9
|
exclusion of a person from a casino if the person violates the provisions of this chapter, rules
|
|
14-10
|
promulgated by the state lottery division or final orders of the state lottery division or when the
|
|
14-11
|
state lottery division determines that the person's conduct or reputation is such that his or her
|
|
14-12
|
presence within the casino gaming facilities may compromise the honesty and integrity of the
|
|
14-13
|
gambling operations or interfere with the orderly conduct of the gaming operations. However, the
|
|
14-14
|
propriety of the election or exclusion is subject to a subsequent hearing by the state lottery
|
|
14-15
|
division.
|
|
14-16
|
(12) Suspend, revoke or restrict licenses and permits, and require the removal of a
|
|
14-17
|
licensee or permittee or an employee of a licensee or permittee, for a violation of this chapter or a
|
|
14-18
|
rule promulgated by the state lottery division or for engaging in a fraudulent practice, and impose
|
|
14-19
|
civil penalties pursuant to the provisions of this chapter.
|
|
14-20
|
(13) Disqualify a person in accordance with the applicable provisions of this chapter.
|
|
14-21
|
(14) In addition to the authority provided under subsection (a)(12), revoke or suspend a
|
|
14-22
|
casino license or impose any other disciplinary action for any of the following reasons:
|
|
14-23
|
(i) The casino licensee has violated the provisions of chapter 2 of title 3 or rules
|
|
14-24
|
promulgated pursuant to this chapter.
|
|
14-25
|
(ii) At any time the licensee no longer meets the eligibility requirements or suitability
|
|
14-26
|
determination by the state lottery division for a casino license under this chapter.
|
|
14-27
|
(iii) The failure to revoke or suspend the license would undermine the public's
|
|
14-28
|
confidence in the Rhode Island gaming industry.
|
|
14-29
|
(15) Conduct periodic compliance or special or focused audits of casinos authorized
|
|
14-30
|
under this chapter. Said audits may be conducted by state agency personnel or private sector audit
|
|
14-31
|
firms and shall be in addition to annual financial audits conducted by certified public accountant
|
|
14-32
|
firms.
|
|
14-33
|
(16) Establish minimum levels of insurance to be maintained by licensees.
|
|
15-34
|
(17) Perform a background check, at the vendor's expense, of any vendor using the same
|
|
15-35
|
standards that the state lottery division uses in determining whether to grant a gaming or non-
|
|
15-36
|
gaming supplier's permit.
|
|
15-37
|
(18) Review the business practices of a casino licensee including, but not limited to, the
|
|
15-38
|
price and quality of goods and services offered to patrons, and take disciplinary action as the state
|
|
15-39
|
lottery division considers appropriate to prevent practices that undermine the public's confidence
|
|
15-40
|
in the Rhode Island gaming industry.
|
|
15-41
|
(19) Review a holder of a license, permit or registration if that holder is under review or
|
|
15-42
|
is otherwise subject to discipline by a regulatory body in any other jurisdiction for a violation of a
|
|
15-43
|
gaming law or regulation in that jurisdiction.
|
|
15-44
|
(20) Take any other action as may be reasonable or appropriate to enforce this chapter
|
|
15-45
|
and rules promulgated by the state lottery division.
|
|
15-46
|
(b) The state lottery division may seek and shall receive the cooperation and assistance
|
|
15-47
|
of the department of state police and department of attorney general in conducting background
|
|
15-48
|
investigations of applicants and in fulfilling its responsibilities under this chapter.
|
|
15-49
|
(c) The state lottery division shall establish, issue and promulgate rules and regulations
|
|
15-50
|
pertaining to any or all matters within the state lottery division's jurisdiction, in accordance with
|
|
15-51
|
the provisions of the state administrative procedures act, chapter 35 of title 42, including, but not
|
|
15-52
|
limited to:
|
|
15-53
|
(1) The issuance of any license, registration, or permit authorized by this chapter or other
|
|
15-54
|
law providing for gaming operations and activities subject to regulation of the state lottery
|
|
15-55
|
division.
|
|
15-56
|
(2) The methods and procedures for making an application for a license, registration, or
|
|
15-57
|
permit to be considered by the state lottery division.
|
|
15-58
|
(3) The methods for providing to the state lottery division information concerning a
|
|
15-59
|
person's family, habits, character, associates, criminal record, business activities, and financial
|
|
15-60
|
affairs.
|
|
15-61
|
(4) Enforcement of this chapter, gaming laws administered by the state lottery division,
|
|
15-62
|
and rules of the state lottery division including imposition and collection of fines, penalties, and
|
|
15-63
|
other sanctions which may be imposed by the state lottery division against a casino operator or
|
|
15-64
|
any other licensee or permittee of the state lottery division.
|
|
15-65
|
(5) The operation and management of the facility, the hiring of employees thereof, the
|
|
15-66
|
establishment of prevention, education and other services related to pathological gambling, the
|
|
15-67
|
conduct of gaming, electronic funds transfer terminals, audits, annual reports, prohibited conduct,
|
|
15-68
|
and such other matters as the state lottery division shall determine.
|
|
16-1
|
(d) The state lottery division may conduct hearings or may designate a hearing officer or
|
|
16-2
|
hearing panel to conduct hearings and in connection therewith may:
|
|
16-3
|
(1) Issue subpoenas and compel the attendance of witnesses or the production of
|
|
16-4
|
documents.
|
|
16-5
|
(2) Administer oath.
|
|
16-6
|
(3) Require testimony under oath before the hearing officer or hearing panel in the
|
|
16-7
|
course of a hearing being held for any reason.
|
|
16-8
|
(4) Issue written interrogatories.
|
|
16-9
|
(e) Notwithstanding any other provisions of the general laws or regulations adopted
|
|
16-10
|
thereunder to the contrary, including, but not limited to, the provisions of chapter 2 of title 37,
|
|
16-11
|
and chapter 61 of title 42, the state lottery division is hereby authorized, empowered and directed
|
|
16-12
|
to enter into a Master Contract with the Narragansett Indian Tribe and Harrah's Entertainment,
|
|
16-13
|
Inc. or an Affiliate thereof ("Harrah's") which contract will have a term commencing on the date
|
|
16-14
|
of execution and expiring ten (10) years from the date that the casino opens for business, and to
|
|
16-15
|
fix in the Master Contract for the duration of such term the following: the casino license fee; the
|
|
16-16
|
rate of taxation on the adjusted gross receipts from gaming authorized under this chapter; the two
|
|
16-17
|
(2) year tax revenue insurance policy; the hotel occupancy tax which shall be in lieu of all other
|
|
16-18
|
parking, admission and other related patron taxes and fees; the project investment requirement of
|
|
16-19
|
the casino licensee; the annual funding covenant of the casino licensee in favor of the Rhode
|
|
16-20
|
Island Council on Problem Gambling; and the annual funding covenant of the casino licensee in
|
|
16-21
|
connection with a joint marketing budget in favor of the Rhode Island Hospitality and Tourism
|
|
16-22
|
Association and Rhode Island Convention Center and Visitors Bureau, all as set forth and
|
|
16-23
|
described in section 41-9.1-12. Insofar as the provisions of this act are inconsistent with the
|
|
16-24
|
provisions of any other general or special law, the provisions of this act shall be controlling. The
|
|
16-25
|
state does hereby pledge and agree under this act that the state will not limit, alter, diminish, or
|
|
16-26
|
adversely impact the rights or economic benefits which vest in the casino licensee under the terms
|
|
16-27
|
of the Master Contract authorized hereby, unless authorized by this act, and the state lottery
|
|
16-28
|
division is hereby authorized, empowered and directed to memorialize this pledge and agreement
|
|
16-29
|
on behalf of the state in the Master Contract.
|
|
16-30
|
(f) After the expiration of the ten (10) year period of the Master Contract described
|
|
16-31
|
above, the parties thereto shall renegotiate the wagering tax rates set forth in section 41-9.1-12(b)
|
|
16-32
|
and the casino license renewal fee set forth in section 41-9.1-11.
|
|
16-33
|
41-9.1-6. Division of state police -- Jurisdiction -- Powers. -- The division of state
|
|
16-34
|
police shall:
|
|
17-1
|
(a) Conduct investigations and audits regarding the qualifications of applicants for
|
|
17-2
|
licenses, permits or registrations requiring suitability determinations as required by law or rule or
|
|
17-3
|
determined necessary by the state lottery division.
|
|
17-4
|
(b) Submit all investigative reports to the state lottery division by and through the
|
|
17-5
|
executive director for analysis, review, and action pursuant to the provisions of this chapter.
|
|
17-6
|
(c) Conduct audits to assist the state lottery division in determining compliance with all
|
|
17-7
|
gaming laws, rules and regulations on gaming activities and operations under the state lottery
|
|
17-8
|
division's jurisdiction.
|
|
17-9
|
(d) Perform all other duties and functions necessary for the efficient, efficacious, and
|
|
17-10
|
thorough regulation and control of gaming activities and operations under the state lottery
|
|
17-11
|
division's jurisdiction.
|
|
17-12
|
41-9.1-7. Appropriation -- Reimbursement. -- Operations of the state lottery division
|
|
17-13
|
during fiscal years shall be funded by the fees paid by licensees and suppliers pursuant to the
|
|
17-14
|
provisions of this chapter, including without limitation section 41-9.1-11.
|
|
17-15
|
41-9.1-8. Casino gaming authorized. -- (a) Notwithstanding any other section of Rhode
|
|
17-16
|
Island General Laws, gaming is authorized at a single casino in the state of Rhode Island to the
|
|
17-17
|
extent that it is conducted in accordance with this chapter.
|
|
17-18
|
(b) This chapter does not apply to any of the following:
|
|
17-19
|
(1) The pari-mutuel system of wagering used or intended to be used in connection with
|
|
17-20
|
race meetings as authorized under chapters 3.1 and 4 of this title.
|
|
17-21
|
(2) Lottery games authorized under chapters 61 and 61.2 of title 42; including, without
|
|
17-22
|
limitation, video lottery terminals located at Newport Grand and Lincoln Greyhound Park.
|
|
17-23
|
(3) Bingo.
|
|
17-24
|
(4) The pari-mutuel system of wagering used or intended to be used in connection with
|
|
17-25
|
jai alai as authorized under chapter 7 of this title.
|
|
17-26
|
(5) The pari-mutuel system of wagering used or intended to be used in connection with
|
|
17-27
|
Simulcast programs from licensed betting facilities as authorized under chapter 11 of this title.
|
|
17-28
|
41-9.1-9. State and local referendum election. -- (a) Pursuant to the terms of R.I.
|
|
17-29
|
Const., Art. VI, section 22 and chapter 5 of title 17, the general assembly hereby authorizes
|
|
17-30
|
submission to all of the electors of the state, at the general election to take place on November 2,
|
|
17-31
|
2004, the following question: "Shall there be a casino in the Town of West Warwick operated by
|
|
17-32
|
an Affiliate of Harrah's Entertainment in association with the Narragansett Indian Tribe?"
|
|
17-33
|
(b) Prior to the general election question being submitted to the electors of the state and
|
|
17-34
|
prior to any casino being established in the Town of West Warwick, and in order for such town to
|
|
18-1
|
be eligible as the host community for such casino, the casino license applicant shall, within
|
|
18-2
|
seventy-five (75) days of the passage of this act, file a statement of intent with the state lottery
|
|
18-3
|
division that demonstrates the following:
|
|
18-4
|
(1) Evidence that the West Warwick Town Council has agreed to pose, by adopting
|
|
18-5
|
subsequent to July 1, 2004, a resolution to be placed on the ballot at the next general election to
|
|
18-6
|
be submitted to the qualified electors of the Town of West Warwick and to the qualified electors
|
|
18-7
|
of the state, the question referenced in subsection (a) of this section;
|
|
18-8
|
(2) Adequate description of real estate designated and available for the development of
|
|
18-9
|
the casino, which real estate shall constitute at least thirty (30) acres;
|
|
18-10
|
(3) Evidence of a fully executed development agreement; and
|
|
18-11
|
(4) A complete proposal as referred to in section 41-9.1-10.
|
|
18-12
|
(c) In the event of certification by the state lottery division of the statement of intent, the
|
|
18-13
|
question referenced in subsection (a) shall then be submitted by the secretary of state to the
|
|
18-14
|
qualified electors of the state at a general election to take place on November 2, 2004. The
|
|
18-15
|
secretary of state shall certify the election results. The question shall also be submitted at the
|
|
18-16
|
same general election by the local board of canvassers to the qualified electors of the Town of
|
|
18-17
|
West Warwick, and the local board of canvassers shall certify the election results to the secretary
|
|
18-18
|
of state. Notwithstanding any provisions of this section, in the event that certification by the state
|
|
18-19
|
lottery division of the statement of intent does not occur, then any vote by the qualified electors of
|
|
18-20
|
the state and the Town of West Warwick on the question referenced in subsection (a) shall be
|
|
18-21
|
deemed non-binding.
|
|
18-22
|
(d) In the event of the affirmative vote of the qualified electors of the Town of West
|
|
18-23
|
Warwick and the qualified electors of the state, the state lottery division shall, in accordance with
|
|
18-24
|
the provisions of this section and section 41-9.1-11, award the casino license to the applicant that
|
|
18-25
|
is a party with the Town of West Warwick to the development agreement no later than March 1,
|
|
18-26
|
2005.
|
|
18-27
|
(e) In the event that the affirmative vote of both the Town of West Warwick and the
|
|
18-28
|
electors of the state does not occur, or in the event that the casino license applicant is not able to
|
|
18-29
|
timely file a statement of intent with the state lottery division in accordance with the provisions of
|
|
18-30
|
subsection (b), then this chapter shall cease to have effect, and shall become null and void.
|
|
18-31
|
(f) Notwithstanding any provision of the General Laws to the contrary, with respect to
|
|
18-32
|
the matters contemplated in this chapter, the application and license issuance process described in
|
|
18-33
|
this chapter shall govern and control and shall be in lieu of any other public bidding, request for
|
|
18-34
|
proposal rights or requirements contained in the General Laws. Any decision or act by the general
|
|
19-1
|
assembly, the secretary of state or the state lottery division in: (i) phrasing or submitting the
|
|
19-2
|
statewide question, (ii) determining whether a statement of intent is in compliance with the filing
|
|
19-3
|
and other provisions of this chapter, or (iii) awarding the single casino license, shall be final and
|
|
19-4
|
binding and shall not be reviewable in any court on any grounds except corruption or fraud, so as
|
|
19-5
|
to promote and not hinder the economic development initiatives and matters contemplated in this
|
|
19-6
|
chapter. Jurisdiction of any suit, action or proceeding with respect to any of the foregoing shall
|
|
19-7
|
immediately and exclusively vest in the Superior Court, and any appeal to the Rhode Island
|
|
19-8
|
Supreme Court shall be heard on an expedited basis; provided, however, that no such suit, action
|
|
19-9
|
or proceeding shall serve to enjoin (i) the question referenced in subsection (a) from being
|
|
19-10
|
submitted by the Secretary of State to the qualified electors of the state at a general election to
|
|
19-11
|
take place on November 2, 2004, and submitted at the same general election by the local board of
|
|
19-12
|
canvassers to the qualified electors of the Town of West Warwick, (ii) the awarding and issuance
|
|
19-13
|
of the single casino license, or (iii) any recipient of a casino license from proceeding with
|
|
19-14
|
development or operational matters, until a final, non-appealable decision has been rendered by a
|
|
19-15
|
court.
|
|
19-16
|
41-9.1-10. Content of proposal. -- The proposal filed with the state lottery division shall
|
|
19-17
|
be made under oath, and shall include without limitation all of the following:
|
|
19-18
|
(a) The name and business address of the applicant, and the names and business
|
|
19-19
|
addresses of the board of directors and the key officers thereof. In the event that a person or entity
|
|
19-20
|
directly owns or controls a five percent (5%) or greater voting interest in the applicant, then the
|
|
19-21
|
applicant shall also disclose the names and business addresses of such person or entity and the
|
|
19-22
|
officers and directors thereof unless such entity is an institutional investor in which case the name
|
|
19-23
|
and address of the institutional investor need only be disclosed. The applicant shall also disclose
|
|
19-24
|
whether it has knowledge that any disclosed person or entity has been convicted of any felony
|
|
19-25
|
crime.
|
|
19-26
|
(b) A fully executed development agreement between the applicant and the Town of
|
|
19-27
|
West Warwick.
|
|
19-28
|
(c) A description of the proposed gaming operation and related amenities, including the
|
|
19-29
|
economic benefits to the host community and the state (i.e., the proposed amount of investment in
|
|
19-30
|
construction and development; square footage of the casino; the number and types of games; the
|
|
19-31
|
presence of hotels, restaurants and other non-gaming amenities; parking spaces; etc.).
|
|
19-32
|
(d) A description of the physical location of the proposed gaming operation and related
|
|
19-33
|
amenities, and evidence that applicant has the real estate site control (i.e., real estate purchase and
|
|
19-34
|
sale agreements or option agreements) necessary to support such development.
|
|
20-1
|
(e) A description of the anticipated or actual number of employees, and related wages
|
|
20-2
|
and benefits.
|
|
20-3
|
(f) A description of the marketing and operating experience of the applicant, and a
|
|
20-4
|
description of how such experience and other assets of the applicant would enable it and the state
|
|
20-5
|
to secure and maintain a strategic and competitive position within New England's casino gaming
|
|
20-6
|
industry.
|
|
20-7
|
(g) A statement regarding compliance with federal and state affirmative action
|
|
20-8
|
guidelines.
|
|
20-9
|
41-9.1-11. Issuance of single casino license. -- (a) The casino license issued shall remain
|
|
20-10
|
in effect so long as the licensee complies with the provisions below. The initial issuance of the
|
|
20-11
|
casino license shall be valid for a period of five (5) years and shall be renewable for periods of
|
|
20-12
|
five (5) years, each upon the payment of a fee in the amount of five hundred thousand ($500,000)
|
|
20-13
|
dollars and determination by the state lottery division that the casino licensee is in compliance
|
|
20-14
|
with the suitability requirements of section 41-9.1-22. The fee shall be paid to the state.
|
|
20-15
|
(b) Any casino license issued pursuant to this chapter shall be subject to the continuing
|
|
20-16
|
duty of the licensee to maintain the suitability requirements of section 41-9.1-22 and all
|
|
20-17
|
requirements of the state lottery division.
|
|
20-18
|
41-9.1-12. Wagering and other related taxes and fees. -- Subject to the provisions of
|
|
20-19
|
section 41-9.1-5(e), the wagering and other related taxes and fees set forth below in this section
|
|
20-20
|
shall be paid by the casino licensee, shall be fixed and memorialized in the Master Contract, and
|
|
20-21
|
shall constitute the total remuneration owed from the casino licensee to the state during the term
|
|
20-22
|
of the Master Contract other than as provided for in this act as of the date of its passage [July 30,
|
|
20-23
|
2004]and other than general business and corporate taxes that all businesses of this state are
|
|
20-24
|
subject to under the laws of this state.
|
|
20-25
|
(a) Casino License Fee. - Subject to the terms and conditions of the Master Contract, a
|
|
20-26
|
casino license fee in the amount of one hundred million dollars ($100,000,000) shall be payable
|
|
20-27
|
by the casino licensee to the state in three installments of thirty-three million three hundred thirty-
|
|
20-28
|
three thousand three hundred thirty-three dollars and thirty-three cents ($33,333,333.33) each on
|
|
20-29
|
the following dates: (i) the date of issuance of the casino license; (ii) the one-year anniversary
|
|
20-30
|
date of the issuance of the casino license; and (iii) the two-year anniversary date of the issuance
|
|
20-31
|
of the casino license.
|
|
20-32
|
(b) Wagering Tax. - The annual rate of taxation on the adjusted gross receipts ("AGR")
|
|
20-33
|
received by the casino licensee from gaming authorized under this chapter shall be as follows for
|
|
20-34
|
the period of time commencing on the first (1st) day on which the casino opens for business (the
|
|
21-1
|
"Commencement Date") and expiring at the end of five (5) years from the Commencement Date
|
|
21-2
|
(the "Expiration Date").
|
|
21-3
|
AGR up to an including $400 million 25.00%
|
|
21-4
|
AGR greater than $400 million and up to and including $500 million 27.00%
|
|
21-5
|
AGR greater than $500 million and up to and including $600 million 29.00%
|
|
21-6
|
AGR greater than $600 million and up to and including $750 million 31.00%
|
|
21-7
|
AGR greater than $750 million and up to and including $900 million 33.00%
|
|
21-8
|
AGR greater than $900 million and up to and including $1 billion 35.00%
|
|
21-9
|
AGR greater than $1 billion 40.00%
|
|
21-10
|
The annual rate of taxation on AGR received by the casino licensee from gaming
|
|
21-11
|
authorized under this chapter shall be as follows subsequent to the Expiration Date and going
|
|
21-12
|
forward:
|
|
21-13
|
AGR up to and including $400 million 25.00%
|
|
21-14
|
AGR greater than $400 million and up to and including $500 million 28.00%
|
|
21-15
|
AGR greater than $500 million and up to and including $600 million 30.00%
|
|
21-16
|
AGR greater than $600 million and up to and including $750 million 32.00%
|
|
21-17
|
AGR greater than $750 million and up to and including $900 million 35.00%
|
|
21-18
|
AGR greater than $900 million 40.00%
|
|
21-19
|
(c) Tax Revenue Insurance Policy. - For purposes of this subsection (c), the term
|
|
21-20
|
"Effective Period" shall mean that period of time commencing on the first (1st) day on which the
|
|
21-21
|
casino opens for business and expiring two (2) years from such date, and the term "Base Year"
|
|
21-22
|
shall mean the one-year period immediately preceding the date on which the casino opens for
|
|
21-23
|
business. Subject to the terms and conditions of the Master Contract, the casino licensee shall
|
|
21-24
|
covenant therein that in the event that the aggregate amount of video lottery terminal revenue and
|
|
21-25
|
wagering tax revenue, minus any amounts refunded to GTECH Corporation under the Master
|
|
21-26
|
Contract between GTECH Corporation and the Commission effective July 1, 2003 and due to
|
|
21-27
|
passage of this act, received by the state each year during the Effective Period is not at least equal
|
|
21-28
|
to that amount which is one hundred ten percent (110%) of the video lottery terminal revenue
|
|
21-29
|
received by the state during the Base Year, then the casino licensee shall reimburse to the state
|
|
21-30
|
dollar for dollar the amount of such shortfall.
|
|
21-31
|
(d) Hotel Occupancy Tax. - With respect to each hotel room that is occupied by a guest,
|
|
21-32
|
the casino licensee shall pay to the state, in addition to other state and local hotel taxes that apply
|
|
21-33
|
to all hotels in the state, a one dollar ($1.00) hotel occupancy tax, which tax shall be in lieu of all
|
|
21-34
|
other parking, admission, complimentary and other related patron taxes and fees.
|
|
22-1
|
(e) Project Investment Requirement. - The casino licensee shall demonstrate to the
|
|
22-2
|
satisfaction of the state lottery division prior to the opening of the casino for business that it has
|
|
22-3
|
invested in the aggregate at least five hundred million dollars ($500,000,000) of hard and soft
|
|
22-4
|
costs in connection with acquiring interests in land, making improvements to real property and
|
|
22-5
|
otherwise developing and constructing the casino and related facilities.
|
|
22-6
|
(f) Funding Covenant of Casino Licensee in favor of the Rhode Island Hospitality and
|
|
22-7
|
Tourism Association and the Rhode Island Convention Center and Visitors Bureau. - Fifty
|
|
22-8
|
thousand dollars ($50,000) per year to each entity throughout the term of the casino license shall
|
|
22-9
|
be provided by casino licensee for the marketing of state convention and tourism business.
|
|
22-10
|
(g) Funding Covenant of Casino Licensee in favor of the Rhode Island Council on
|
|
22-11
|
Problem Gambling. - One hundred fifty thousand dollars ($150,000) per year throughout the term
|
|
22-12
|
of the casino license shall be provided by casino licensee to the Rhode Island Council on Problem
|
|
22-13
|
Gambling or such other department, agency or entity that the legislature shall designate.
|
|
22-14
|
41-9.1-13. State lottery division and other approvals necessary for construction of
|
|
22-15
|
casino. -- (a) No casino licensed under this chapter shall open for operation until the state lottery
|
|
22-16
|
division and all appropriate state agencies have received and approved certification from the
|
|
22-17
|
Town of West Warwick that all casino construction has complied with all applicable provisions
|
|
22-18
|
of this chapter, any regulations promulgated thereunder, and applicable state and local law, as
|
|
22-19
|
well as with all provisions of the development agreement.
|
|
22-20
|
(b) So long as the Town of West Warwick is actively seeking authorization to amend its
|
|
22-21
|
comprehensive plan to include a casino development, authority is hereby granted to the casino
|
|
22-22
|
licensee to proceed with the construction of the casino development approved by the voters in the
|
|
22-23
|
state and local referendum election pursuant to section 41-9.1-9; subject to the receipt of any and
|
|
22-24
|
all municipal approvals.
|
|
22-25
|
41-9.1-14. Promulgation of operational rules and regulations. -- Upon the licensing of
|
|
22-26
|
a casino under the provisions of this chapter, the state lottery division shall have authority to issue
|
|
22-27
|
such regulations as it deems appropriate pertaining to the operation and management of the
|
|
22-28
|
facility, the hiring of employees thereof, the establishment of compulsive gambling treatment
|
|
22-29
|
programs, the conduct of gaming, electronic funds transfer terminals, audits, annual reports,
|
|
22-30
|
prohibited conduct and such other matters as the state lottery division shall determine.
|
|
22-31
|
41-9.1-15. Gaming and non-gaming supplier permits and gaming employee permits
|
|
22-32
|
required -- Terms. -- (a) The securing of a permit under the provisions of this chapter shall be a
|
|
22-33
|
prerequisite for performing any activity which requires a permit pursuant to this chapter.
|
|
23-34
|
(b) The permits provided for in this chapter shall not be transferable.
|
|
23-35
|
(c) Any permit applied for, granted, or issued under the provisions of this chapter is an
|
|
23-36
|
absolute revocable privilege, the awarding, denial or withdrawal of which is solely within the
|
|
23-37
|
discretion of the state lottery division where applicable except as provided in this chapter. Any
|
|
23-38
|
permit used or renewed under the provisions of this chapter is not a property right or a protected
|
|
23-39
|
interest under the constitutions of either the United States or the state of Rhode Island.
|
|
23-40
|
(d) A licensee shall not employ any person in a capacity for which he is required to be
|
|
23-41
|
issued a permit, unless he possesses a valid permit.
|
|
23-42
|
(e) Every person desiring to obtain a gaming supplier permit, a key gaming employee
|
|
23-43
|
permit or a non-gaming supplier permit shall make application to the state lottery division where
|
|
23-44
|
applicable on a form and in a manner prescribed by the state lottery division. The application
|
|
23-45
|
forms shall be provided by the state lottery division and shall contain such information pursuant
|
|
23-46
|
to the provisions of this chapter and the state lottery division. No application shall be accepted
|
|
23-47
|
unless the state lottery division determines that all relevant requirements of this chapter have been
|
|
23-48
|
met. Notwithstanding anything to the contrary contained in this chapter, the state lottery division
|
|
23-49
|
in its sole discretion may issue such permits on a temporary basis prior to all relevant
|
|
23-50
|
requirements of this chapter having been met, to such applicants under the circumstances and on
|
|
23-51
|
terms that it deems appropriate.
|
|
23-52
|
(f) The term of a permit shall be for five (5) years; however, the state lottery division
|
|
23-53
|
may issue temporary permits.
|
|
23-54
|
(g) The state lottery division shall establish by rule a procedure for issuing and renewing
|
|
23-55
|
permits that are issued so that a similar number of permits will come up for renewal in each
|
|
23-56
|
subsequent year. The rule may provide for a one-time renewal period of less than a five (5)-year
|
|
23-57
|
duration. Appropriate fees shall also be established.
|
|
23-58
|
41-9.1-16. Gaming supplier permits. -- (a) The state lottery division shall issue a
|
|
23-59
|
gaming supplier permit to suitable persons who supply, sell, lease or repair, or contract to supply,
|
|
23-60
|
sell lease or repair gaming devices, equipment, and supplies to the holder of a license. A person
|
|
23-61
|
shall not supply, sell, lease, or repair, or contract to supply, sell, lease or repair, gaming devices,
|
|
23-62
|
equipment and supplies unless then possess a valid gaming supplier permit.
|
|
23-63
|
(b) Gaming devices or supplies may not be distributed to the holder of a license unless
|
|
23-64
|
such devices or supplies conform to rules adopted by the state lottery division.
|
|
23-65
|
(c) A gaming supplier shall furnish to the state lottery division a list of any gaming
|
|
23-66
|
devices and supplies offered by the gaming supplier for sale or lease in connection with games
|
|
23-67
|
authorized under this chapter. A gaming supplier shall keep books and records for the furnishing
|
|
23-68
|
of gaming devices and supplies to gaming operations separate and distinct from any other
|
|
24-1
|
business that the gaming supplier might operate. A gaming supplier shall file an annual return
|
|
24-2
|
with the state lottery division listing all sales and leases. A gaming supplier shall permanently
|
|
24-3
|
affix its name to all its gaming devices and supplies for gaming operations unless otherwise
|
|
24-4
|
authorized by the state lottery division. Any gaming supplier's gaming devices or supplies, which
|
|
24-5
|
are used by any person in unauthorized gaming operations, shall be forfeited to the state lottery
|
|
24-6
|
division. The holder of a license may own its own gaming devices and supplies. Each gaming
|
|
24-7
|
supplier and the holder of a license shall file an annual report with the state lottery division listing
|
|
24-8
|
its inventories of gaming devices, equipment, and supplies.
|
|
24-9
|
(d) The initial fee for a gaming supplier permit issued under the provisions of this section
|
|
24-10
|
is three thousand dollars ($3,000), and the renewal fee shall be one thousand dollars ($1,000).
|
|
24-11
|
This fee is required to be submitted at the time of application and on the anniversary date of the
|
|
24-12
|
issuance of the permit thereafter. The state lottery division may assess the gaming supplier any
|
|
24-13
|
costs incurred in testing and approving any devices or supplies.
|
|
24-14
|
(e) Except as is otherwise required under section 41-9.1-17, non-gaming suppliers shall
|
|
24-15
|
not be required to obtain a permit from the state lottery division; provided, however, the state
|
|
24-16
|
lottery division may call forward any such non-gaming supplier and require a finding of
|
|
24-17
|
suitability if necessary to protect the public interest.
|
|
24-18
|
41-9.1-17. Non-gaming supplier permits. -- (a) The state lottery division shall issue a
|
|
24-19
|
non-gaming supplier permit to suitable persons who supply, sell, lease or repair, or contract to
|
|
24-20
|
supply, sell, lease or repair, non-gaming devices and supplies, in amounts that in the aggregate
|
|
24-21
|
exceed two hundred thousand dollars ($200,000) per calendar year, to the holder of a license. A
|
|
24-22
|
person shall not be entitled to compensation for the supply, sale, lease or repair of, or a contract to
|
|
24-23
|
supply, sell, lease, or repair, non-gaming devices and supplies in amounts that in the aggregate
|
|
24-24
|
exceed two hundred thousand dollars ($200,000) per calendar year, unless they possess a valid
|
|
24-25
|
non-gaming supplier permit.
|
|
24-26
|
(b) The initial fee for a non-gaming supplier permit issued under the provisions of this
|
|
24-27
|
section is one hundred dollars ($100) and the renewal fee shall be one hundred dollars ($100).
|
|
24-28
|
This fee is required to be submitted at the time of application and on the anniversary date of the
|
|
24-29
|
issuance of the permit thereafter. The state lottery division may assess the non-gaming supplier
|
|
24-30
|
any costs incurred in testing and approving any devices or supplies.
|
|
24-31
|
41-9.1-18. Key gaming employee and key gaming employee permit. -- (a) The state
|
|
24-32
|
lottery division shall issue a key gaming employee permit to suitable persons pursuant to this
|
|
24-33
|
chapter. No key gaming employee required by this chapter to be permitted may commence
|
|
24-34
|
employment or be employed as a key gaming employee unless that person is the holder of a valid
|
|
25-1
|
key gaming employee permit; provided, however, the state lottery division may issue temporary
|
|
25-2
|
permits.
|
|
25-3
|
(b) The state lottery division shall issue a key gaming employee permit to suitable
|
|
25-4
|
persons pursuant to this chapter.
|
|
25-5
|
(c) The holder of a key gaming employee permit or temporary permit issued under this
|
|
25-6
|
chapter shall be authorized to work in the capacity for which permitted for the holder of a license.
|
|
25-7
|
(d) The fee for the initial application for a key gaming employee permit issued under the
|
|
25-8
|
provisions of this section is two hundred dollars ($200). This fee is required to be submitted at the
|
|
25-9
|
time of application. The renewal fee for the key gaming employee permit is one hundred dollars
|
|
25-10
|
($100).
|
|
25-11
|
41-9.1-19. License, permit and registration as revocable privilege -- Rights,
|
|
25-12
|
limitations and prohibitions -- Revocation and suspension -- Penalties for violation. -- (a) A
|
|
25-13
|
license, permit or registration issued under this chapter is a revocable privilege granted by the
|
|
25-14
|
state dependent upon the holder's compliance with this chapter and rules promulgated hereunder
|
|
25-15
|
and is not a property right. Granting a license, permit or registration under this chapter does not
|
|
25-16
|
create or vest any right, title, franchise or other property interest. Any casino license or gaming
|
|
25-17
|
supplier permit is exclusive to the holder, and a holder or any other person shall apply for and
|
|
25-18
|
receive the state lottery division's approval before a casino license or gaming supplier permit is
|
|
25-19
|
transferred, sold or purchased, or before a voting trust agreement or other similar agreement is
|
|
25-20
|
established with respect to such. A holder of a casino license or gaming supplier permit, or any
|
|
25-21
|
other person, shall not lease, pledge, or borrow, or loan money against such license or permit. The
|
|
25-22
|
attempted transfer, sale or other conveyance of an interest in a casino license or gaming supplier
|
|
25-23
|
permit without prior state lottery division approval is grounds for suspension or revocation of the
|
|
25-24
|
license or permit, or other sanctions considered appropriate by the state lottery division. In the
|
|
25-25
|
event of any transfer, sale or other conveyance of a casino license or gaming supplier permit,
|
|
25-26
|
including those ordered by a court of competent jurisdiction in connection with a bankruptcy,
|
|
25-27
|
receivership or other like proceeding, the state lottery division shall have the right to approve any
|
|
25-28
|
proposed transferee pursuant to the requirements of this chapter. Any costs associated with a
|
|
25-29
|
transfer, sale or other conveyance of a casino license or gaming supplier permit shall be borne by
|
|
25-30
|
the transferee.
|
|
25-31
|
(b) The state lottery division may upon its own motion, and shall upon the verified
|
|
25-32
|
complaint, in writing, of any person initiating a cause under this chapter, ascertain the facts and, if
|
|
25-33
|
warranted, hold a hearing for the nonrenewal, suspension or revocation of a license, permit or
|
|
25-34
|
registration. The state lottery division shall have the power to suspend or revoke a license, permit
|
|
26-1
|
or registration or place a holder on probation where the license permit or registration has been
|
|
26-2
|
obtained by false representation or by fraudulent act or conduct or where a holder violates any of
|
|
26-3
|
the provisions of this chapter.
|
|
26-4
|
(c) In addition to the nonrenewal, revocation or suspension of a license, permit or
|
|
26-5
|
registration, the state lottery division is authorized to levy an administrative penalty not exceeding
|
|
26-6
|
the greater of:
|
|
26-7
|
(1) Five hundred thousand dollars ($500,000); or
|
|
26-8
|
(2) Two hundred percent (200%) of the amount unreported or underreported for any
|
|
26-9
|
violation of the reporting requirements of this chapter and/or the rules and regulations
|
|
26-10
|
promulgated by the state lottery division. For violations of the chapter and/or the rules
|
|
26-11
|
promulgated by the state lottery division other than reporting requirements, the state lottery
|
|
26-12
|
division may levy administrative penalties of up to five thousand dollars ($5,000) against
|
|
26-13
|
individuals and up to ten thousand dollars ($10,000) or an amount equal to the daily gross
|
|
26-14
|
receipts on the date of the violation, whichever is greater, against casino licensees for each such
|
|
26-15
|
violation.
|
|
26-16
|
(d) (1) Except as provided in subsection (e), before refusing to renew, suspending or
|
|
26-17
|
revoking a license, permit or registration on its own motion, the state lottery division shall, in
|
|
26-18
|
writing, notify the holder of its intended action and the grounds for the action. The holder may,
|
|
26-19
|
within twenty (20) days, file with the state lottery division, in triplicate, a request for a hearing
|
|
26-20
|
stating his or her answer to the grounds specified in the notification. The state lottery division
|
|
26-21
|
shall consider the answer and set a date for a hearing, notifying the holder of the date at least
|
|
26-22
|
twenty (20) days prior to the hearing date.
|
|
26-23
|
(2) Before refusing to renew, suspending or revoking an existing license, permit or
|
|
26-24
|
registration upon the verified written complaint of any person stating a violation of this chapter,
|
|
26-25
|
the state lottery division shall, in writing, notify the holder of its receipt of the complaint,
|
|
26-26
|
enclosing a copy of the complaint. The holder shall, within twenty (20) days, file with the state
|
|
26-27
|
lottery division, in quadruplicate his or her answer to the complainant or complainants.
|
|
26-28
|
(3) The state lottery division shall transmit a copy of the answer to the complainant or
|
|
26-29
|
complainants with the scheduled date, time and place for hearing at least twenty (20) days prior to
|
|
26-30
|
the hearing date.
|
|
26-31
|
(4) All notices and answers required or authorized to be made or filed under this section
|
|
26-32
|
may be served or filed personally, or by certified mail to the last known business address of the
|
|
26-33
|
addressee. If served personally, the time runs from the date of service; if by registered mail, from
|
|
26-34
|
the postmarked date of the letter enclosing the document.
|
|
27-1
|
(5) Hearings are subject to chapter 46 of title 42, entitled "open meetings", and the
|
|
27-2
|
holder has an opportunity to be heard in person or by counsel. The state lottery division shall
|
|
27-3
|
render a decision on any application or complaint within sixty (60) days after the final hearing on
|
|
27-4
|
the matter and shall immediately notify the parties to the proceedings, in writing, of its ruling,
|
|
27-5
|
order or decision. In the event the matter contained in the complaint has been filed or made part
|
|
27-6
|
of a case pending in any court of this state, the state lottery division may then withhold its
|
|
27-7
|
decision until the court action has been concluded. Hearings are held in accordance with rules
|
|
27-8
|
promulgated by the state lottery division in conformity with state and federal law.
|
|
27-9
|
(e) The state lottery division may suspend a license, permit or registration, without notice
|
|
27-10
|
or hearing, upon a determination that the safety or health of patrons or employees is jeopardized.
|
|
27-11
|
If the state lottery division suspends a license, permit or registration under this subsection without
|
|
27-12
|
notice or hearing, a prompt post-suspension hearing shall be held in accordance with subsection
|
|
27-13
|
(d) to determine if the suspension should remain in effect. The suspension may remain in effect
|
|
27-14
|
until the state lottery division determines that the cause for suspension has been abated. The state
|
|
27-15
|
lottery division may revoke the license, permit or registration upon a determination that the
|
|
27-16
|
holder has not made satisfactory progress toward abating the hazard.
|
|
27-17
|
(f) (1) The state lottery division is authorized and empowered to issue subpoenas for the
|
|
27-18
|
attendance of witnesses and the production of records or documents. The process issued by the
|
|
27-19
|
state lottery division may extend to all parts of the state, and the process may be served by any
|
|
27-20
|
person designated by the state lottery division. The person serving that process shall receive any
|
|
27-21
|
compensation that is allowed by the state lottery division, not to exceed the fee prescribed by law
|
|
27-22
|
for similar services. All witnesses subpoenaed who appear in any proceedings before the state
|
|
27-23
|
lottery division shall receive the same fees and mileage allowances allowed by law, and all those
|
|
27-24
|
fees and allowances are taxed as part of the costs of the proceedings.
|
|
27-25
|
(2) Where, in any proceeding before the state lottery division, any witness fails or
|
|
27-26
|
refuses to attend upon subpoena issued by the state lottery division, or refuses to testify, or
|
|
27-27
|
refuses to produce any records or documents the production of which is called for by the
|
|
27-28
|
subpoena, the attendance of the witness and the giving of his or her testimony and the production
|
|
27-29
|
of the documents and records shall be enforced by any court of competent jurisdiction of this state
|
|
27-30
|
in the same manner as are enforced the attendance, testimony of witnesses and production of
|
|
27-31
|
records in civil cases in the courts of this state.
|
|
27-32
|
(g) The procedures of the administrative procedures act, chapter 35 of title 42, and all
|
|
27-33
|
amendments and modifications to that act and the rules adopted pursuant to the act, apply to and
|
|
27-34
|
govern all proceedings for the judicial review of final administrative decisions of the state lottery
|
|
28-1
|
division. Any party aggrieved by a final administrative decision of the state lottery division may
|
|
28-2
|
seek review of that decision in the superior court of the county of his or her residence if a natural
|
|
28-3
|
person, or the county in which the aggrieved party maintains a place of business, if other than a
|
|
28-4
|
natural person.
|
|
28-5
|
(h) Any person aggrieved has the right of appeal from any adverse ruling, order or
|
|
28-6
|
decision of the state lottery division to a court of competent jurisdiction in the county where the
|
|
28-7
|
hearing was held within thirty (30) days from the service of notice of the action of the state lottery
|
|
28-8
|
division upon the parties to the hearing.
|
|
28-9
|
(i) Notice of appeal is filed in the office of the clerk of the court, which shall issue a writ
|
|
28-10
|
of certiorari directed to the state lottery division, commanding it, within fifteen (15) days after
|
|
28-11
|
service of the writ, to certify to the court its entire record in the matter in which the appeal has
|
|
28-12
|
been taken. The appeal shall be heard in due course, by the court, which shall review the record
|
|
28-13
|
and, after a hearing on the matter, make its determination of the cause.
|
|
28-14
|
(j) A final administrative decision of the state lottery division shall not become effective
|
|
28-15
|
until time for appeal has expired. If an appeal is taken, it shall not act as a stay of decision unless
|
|
28-16
|
the court so directs.
|
|
28-17
|
(k) In the event of a suspension or revocation of a license, permit or registration, the state
|
|
28-18
|
lottery division may take such action as is necessary to continue the daily operation of the casino
|
|
28-19
|
until the reinstatement of the license, permit or registration in the case of a suspension, or the
|
|
28-20
|
approval of a replacement license, permit or registration in accordance with the approval process
|
|
28-21
|
contained in this chapter in the case of a revocation.
|
|
28-22
|
41-9.1-20. Records of state lottery division deemed open -- Exceptions. -- (a) Except
|
|
28-23
|
as otherwise provided in this chapter or other chapters, records of the state lottery division shall
|
|
28-24
|
be public records. A record of the state lottery division shall be confidential when the record:
|
|
28-25
|
(1) Relates to the background of an applicant and was provided by the applicant or a
|
|
28-26
|
confidential source or informant.
|
|
28-27
|
(2) Relates to security measures of the state lottery division, an applicant, or a licensee or
|
|
28-28
|
permittee.
|
|
28-29
|
(3) Consists of an applicant's personal history form or questionnaires, disclosure forms,
|
|
28-30
|
or financial statements and records.
|
|
28-31
|
(4) Relates to surveillance and security techniques, procedures, or practices of the state
|
|
28-32
|
lottery division, an applicant, or a licensee or permittee.
|
|
28-33
|
(5) Relates to trade secrets or design of experimental gaming devices and equipment.
|
|
29-34
|
(6) Consists of proprietary architectural, construction, schematic or engineering plans,
|
|
29-35
|
blueprints, specifications, computer programs or software, or economic or financial calculations
|
|
29-36
|
which relate to authorized gaming activities on the premises where authorized gaming activities
|
|
29-37
|
are conducted or to be conducted.
|
|
29-38
|
(7) Relates to an ongoing investigation of the state lottery division into a possible
|
|
29-39
|
violation by a licensee or permittee, until the state lottery division initiates proposed enforcement
|
|
29-40
|
action against the licensee or the permittee and makes the record public in the course thereof.
|
|
29-41
|
(8) Results from or is part of a state lottery division background investigation of an
|
|
29-42
|
applicant.
|
|
29-43
|
(9) Relates to specific financial data concerning casino operations and results; provided,
|
|
29-44
|
however, the monthly gross gaming revenue amount shall be publicly disclosed.
|
|
29-45
|
(b) Confidential information or data which is obtained by the state lottery division may
|
|
29-46
|
not be revealed in whole or in part except in the course of the proper administration of this
|
|
29-47
|
chapter. However, the state lottery division or its authorized agents may reveal such information
|
|
29-48
|
or data to an authorized agent of any agency of the United States government or to any agent of
|
|
29-49
|
this state or of any political subdivision of this state, pursuant to rules and regulations adopted by
|
|
29-50
|
the state lottery division, or pursuant to a lawful order of a court of competent jurisdiction. Notice
|
|
29-51
|
of the content of any information or data furnished or released pursuant to this section may be
|
|
29-52
|
given to the applicant or licensee to whom it pertains in a manner prescribed by rules adopted by
|
|
29-53
|
the state lottery division.
|
|
29-54
|
(c) No state lottery division member, employee, agent, or authorized representative shall
|
|
29-55
|
disclose, divulge, disseminate, or otherwise transmit or communicate any confidential state
|
|
29-56
|
lottery division record, reports, or any confidential information therein, except as permitted in this
|
|
29-57
|
section and then only with the approval of the state lottery division. Disclosure of any
|
|
29-58
|
confidential state lottery division record, report, or any information therein other than as provided
|
|
29-59
|
in this section shall be grounds for removal of a state lottery division member or termination of
|
|
29-60
|
any employee.
|
|
29-61
|
(d) All files, records, reports, and other information pertaining to gaming matters in the
|
|
29-62
|
possession of the division of state police or any other state or municipal law enforcement
|
|
29-63
|
authority, and otherwise not specifically provided for in this chapter shall be made available to
|
|
29-64
|
the state lottery division as necessary for the regulation of gaming activities and operations as
|
|
29-65
|
provided by law.
|
|
29-66
|
(e) The state lottery division shall maintain a file of all applications for licenses, permits
|
|
29-67
|
or registrations, and requests for all other state lottery division actions or approvals received by
|
|
29-68
|
the state lottery division, together with a record of all action taken with respect to those
|
|
30-1
|
applications and requests. The file and record shall be open to public inspection.
|
|
30-2
|
(f) The state lottery division shall maintain a file of all bids or proposals for any contract
|
|
30-3
|
let or entered into by the state lottery division together with a record of all action taken with
|
|
30-4
|
respect to those bids. The file and record shall be open to public inspection.
|
|
30-5
|
41-9.1-21. Restricted use agreements -- confidentiality of records. -- (a) The state
|
|
30-6
|
lottery division may enter into intelligence sharing, reciprocal use, or restricted use agreements
|
|
30-7
|
with a department or agency of the federal government, law enforcement agencies, and gaming
|
|
30-8
|
enforcement and regulatory agencies of other jurisdictions which provide for and regulate the use
|
|
30-9
|
of information provided and received pursuant to the agreement.
|
|
30-10
|
(b) Records, documents and information in the possession of the state lottery division
|
|
30-11
|
received pursuant to an intelligence sharing, reciprocal use or restricted use agreement entered
|
|
30-12
|
into by the state lottery division with a federal department or agency, any law enforcement
|
|
30-13
|
agency, or the gaming enforcement or regulatory agency of any jurisdiction shall be considered
|
|
30-14
|
investigative records of a law enforcement agency and shall not be disseminated under any
|
|
30-15
|
condition without the permission of the person or agency providing the record or information or
|
|
30-16
|
by order of a court with competent jurisdiction over the matter.
|
|
30-17
|
41-9.1-22. Standards for license, permit and registration issuance suitability
|
|
30-18
|
qualifications. -- (a) No applicant shall be eligible to obtain a license to conduct gaming
|
|
30-19
|
operations, a permit or registration unless the state lottery division: (i) has, with respect to a
|
|
30-20
|
casino license applicant, received a filing made under oath that includes, without limitation, the
|
|
30-21
|
information set forth below, and (ii) is satisfied that the applicant is suitable. In determining
|
|
30-22
|
whether a casino license applicant is suitable, the state lottery division may consider, in addition
|
|
30-23
|
to the information set forth below, whether the applicant has been found suitable and/or has been
|
|
30-24
|
issued a license to conduct casino gaming in other jurisdictions.
|
|
30-25
|
(1) The identity of every person in accordance with the provisions of this subdivision,
|
|
30-26
|
who has or controls any ownership interest in the applicant with respect to which the license is
|
|
30-27
|
sought. If the disclosed entity is a trust, the application shall disclose the names, addresses, birth
|
|
30-28
|
dates and social security number of all such beneficiaries, if a corporation, the names, addresses,
|
|
30-29
|
birth dates, and social security numbers of all such officers and directors; if a partnership, the
|
|
30-30
|
names, addresses, birth dates, and social security numbers of all such partners, both general and
|
|
30-31
|
limited, if a limited liability company, the names, addresses, birth dates, and social security
|
|
30-32
|
numbers of all such members. The applicant shall also separately disclose in like manner any
|
|
30-33
|
person or entity directly or indirectly owning or controlling a five percent (5%) or greater voting
|
|
30-34
|
interest in such owners of the applicant. If any such person is an entity with one or more classes
|
|
31-1
|
of securities registered pursuant to the Securities Exchange Act of 1934, as amended, the
|
|
31-2
|
applicant shall disclose names, addresses, birth dates and social security numbers of all officers
|
|
31-3
|
and directors and provide public filings with the U.S. Securities and Exchange Commission for
|
|
31-4
|
the past year. If any such persons or entities are institutional investors or institutional lenders
|
|
31-5
|
owning or controlling a five percent (5%) or greater voting interest in such owners of the
|
|
31-6
|
applicant, the applicant shall not be required to provide detailed information on such institutional
|
|
31-7
|
investors or institutional lenders other than their respective identities unless otherwise requested
|
|
31-8
|
by the commission. The applicant will forward any request for additional information to the
|
|
31-9
|
institutional investors or institutional lenders.
|
|
31-10
|
(2) An identification of any business, including, if applicable, the state of incorporation
|
|
31-11
|
or registration, in which an applicant or any other person or entity identified in subdivision (a)(1)
|
|
31-12
|
has an equity interest of five percent (5%) or more. If an applicant is a corporation, partnership, or
|
|
31-13
|
other business entity, the applicant shall identify any other corporation, partnership, or other
|
|
31-14
|
business entity in which it has an equity interest of five percent (5%) or more; including, if
|
|
31-15
|
applicable, the state of incorporation or registration. An applicant can comply with this
|
|
31-16
|
subdivision by filing a copy of the applicant's registration with the securities exchange board if
|
|
31-17
|
the registration contains the information required by this subsection.
|
|
31-18
|
(3) Whether an applicant or any other person or entity identified in subdivision (a)(1) is
|
|
31-19
|
known by applicant to have been indicted, charged, arrested, convicted, pleaded guilty or nolo
|
|
31-20
|
contendere, forfeited bail concerning, or has had expunged any criminal offense under the laws of
|
|
31-21
|
any jurisdiction, either felony or misdemeanor, not including traffic violations, regardless of
|
|
31-22
|
whether the offense has been expunged, pardoned or reversed on appeal or otherwise, including
|
|
31-23
|
the date, the name and location of the court, arresting agency and prosecuting agency, the case
|
|
31-24
|
caption, the docket number, the offense, the disposition, and the location and length of
|
|
31-25
|
incarceration.
|
|
31-26
|
(4) Whether an applicant or any other person or entity identified in subdivision (a)(1) is
|
|
31-27
|
known by applicant to have ever applied for or has been granted any gaming license or certificate
|
|
31-28
|
issued by a licensing authority within this state or any other jurisdiction that has been denied,
|
|
31-29
|
restricted, suspended, revoked, or not renewed, and a statement describing the facts and
|
|
31-30
|
circumstances concerning the application, denial restriction, suspension, revocation or
|
|
31-31
|
nonrenewal, including the licensing authority, the date each action was taken, and the reason for
|
|
31-32
|
each action.
|
|
31-33
|
(5) Such information, documentation and assurances as may be required to establish by
|
|
31-34
|
clear and convincing evidence:
|
|
32-1
|
a. the financial stability, integrity and responsibility of the applicant, including, but not
|
|
32-2
|
limited to, bank references, financial statements, tax returns and other reports filed with
|
|
32-3
|
governmental agencies;
|
|
32-4
|
b. the adequacy of financial resources both as to the completion of the casino proposal
|
|
32-5
|
and the operation of the casino; and
|
|
32-6
|
c. that the applicant has sufficient business ability and casino experience as to establish
|
|
32-7
|
the likelihood of creation and maintenance of a successful, efficient and competitive casino
|
|
32-8
|
operation.
|
|
32-9
|
(6) Such information, documentation and assurances to establish to the satisfaction of the
|
|
32-10
|
state lottery division the applicant's good character, honesty and integrity, and the applicant's
|
|
32-11
|
suitability qualification pursuant to this section.
|
|
32-12
|
(7) A statement listing the names and titles of all Rhode Island public officials or officers
|
|
32-13
|
of any unit of government, and the spouses, parents, and children of those public officials or
|
|
32-14
|
officers who, directly or indirectly, own any financial interest in, have any beneficial interest in,
|
|
32-15
|
are the creditors of or hold any debt instrument issued by, or hold or have any interest in any
|
|
32-16
|
contractual or service relationship with an applicant. As used in this subsection, the terms "public
|
|
32-17
|
official" and "officer" do not include a person who would have to be listed solely because of his
|
|
32-18
|
or her state or federal military service. This subsection shall not apply to public officials or
|
|
32-19
|
officers or the spouses, parents and children thereof, whose sole financial interest amounts to less
|
|
32-20
|
than a one percent (1%) ownership interest in a publicly traded company.
|
|
32-21
|
(8) The name and business telephone number of any attorney, counsel, lobbyist, agent, or
|
|
32-22
|
any other person representing an applicant in matters before the state lottery division.
|
|
32-23
|
(9) Whether an applicant or any other person or entity identified in subdivision (a)(1) has
|
|
32-24
|
ever filed or had filed against it a civil or administrative action or proceeding in bankruptcy or has
|
|
32-25
|
ever been involved in any formal process to adjust, defer, suspend, or otherwise work out the
|
|
32-26
|
payment of any debt including the date of filing, the name and location of the court, the case
|
|
32-27
|
caption, the docket number, and the disposition.
|
|
32-28
|
(10) Whether an applicant or any other person or entity identified in subdivision (a)(1)
|
|
32-29
|
has filed, or been served with, a complaint or other notice filed with any public body, regarding
|
|
32-30
|
the delinquency in the payment of, or a dispute over the filings concerning the payment of any tax
|
|
32-31
|
required under federal, state, or local law, including the amount, type of tax, the taxing agency,
|
|
32-32
|
and the periods involved.
|
|
32-33
|
(11) Financial and other information in the manner and form prescribed by the
|
|
32-34
|
commission.
|
|
33-1
|
(b) For purposes of this chapter, "suitable" means that the proposed casino licensee, or
|
|
33-2
|
other applicant or permittee has demonstrated to the state lottery division by clear and convincing
|
|
33-3
|
evidence that he or she:
|
|
33-4
|
(1) Is a person of good character, honesty, and integrity or an entity whose reputation
|
|
33-5
|
indicates it possesses honesty, integrity and sufficient knowledge of the gaming industry.
|
|
33-6
|
(2) Is a person whose prior activities, criminal record, if any, reputation, habits, and
|
|
33-7
|
associations do not pose a threat to the public interest of this state or to the effective regulation
|
|
33-8
|
and control of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices,
|
|
33-9
|
methods, and activities in the conduct of gaming or the carrying on of the business and financial
|
|
33-10
|
arrangements incidental thereto.
|
|
33-11
|
(3) Is capable of and likely to conduct the activities for which the applicant or casino
|
|
33-12
|
gaming operator is licensed or approved in accordance with the provisions of this chapter and any
|
|
33-13
|
rules of the state lottery division.
|
|
33-14
|
(c) For purposes of a casino licensee, the applicant shall also demonstrate by clear and
|
|
33-15
|
convincing evidence that:
|
|
33-16
|
(1) He or she or the entity has adequate business competence and experience in the
|
|
33-17
|
operation of gaming operations.
|
|
33-18
|
(2) The proposed financing of the conducting of gaming operations is:
|
|
33-19
|
(i) Adequate for the nature of the proposed operation; and
|
|
33-20
|
(ii) From a suitable source, subject to provisions of section 41-9.1-23 hereof.
|
|
33-21
|
(d) Information provided by the applicant shall be used as a basis for a thorough
|
|
33-22
|
background investigation which the state lottery division shall conduct. A false or incomplete
|
|
33-23
|
filing may be cause for denial of a license. The state lottery division in its sole discretion may
|
|
33-24
|
provide the applicant a reasonable opportunity to correct any deficiency in the filing.
|
|
33-25
|
(e) Applicants shall consent, in writing, to being subject to the inspections, searches, and
|
|
33-26
|
seizures provided for in this chapter and to disclosure to the state lottery division and its agents of
|
|
33-27
|
otherwise confidential records including tax records held by any federal, state, or local agency, or
|
|
33-28
|
credit bureau or financial institution while applying for or holding a license under this chapter.
|
|
33-29
|
(f) The state lottery division may contract for, at the expense of the applicants, any
|
|
33-30
|
technical or investigative services that it shall require to conduct such research and/or
|
|
33-31
|
investigation as it deems appropriate with respect to its evaluation of the filing. A nonrefundable
|
|
33-32
|
application fee of fifty thousand dollars ($50,000) shall be paid at the time of filing to defray the
|
|
33-33
|
costs associated with such research and investigation conducted by the state lottery division. If
|
|
33-34
|
the costs of the research and investigation exceed fifty thousand dollars ($50,000), the applicant
|
|
34-1
|
shall pay the additional amount.
|
|
34-2
|
(g) All licensees, all permittees, and any other persons who have been found suitable or
|
|
34-3
|
approved by the state lottery division shall maintain suitability throughout the term of the license,
|
|
34-4
|
permit or approval. In the event of a current prosecution of an offense, the state lottery division
|
|
34-5
|
shall have the discretion to defer a determination on a person's continuing suitability pending the
|
|
34-6
|
outcome of the proceedings, provided that if a decision is deferred pending such outcome, the
|
|
34-7
|
state lottery division, where applicable, may take such action as is necessary to protect the public
|
|
34-8
|
trust, including the suspension of any license, permit or registration.
|
|
34-9
|
(h) All holders of licenses, permits and registrations, and any other persons required to
|
|
34-10
|
be found suitable, shall have a continuing duty to inform the state lottery division of any possible
|
|
34-11
|
violation of this chapter and of any rules adopted by the state lottery division. No person who so
|
|
34-12
|
informs the state lottery division or any law enforcement authority within the state of a violation
|
|
34-13
|
or possible violation shall be discriminated against by the applicant, licensee, permittee, registrant
|
|
34-14
|
or casino gaming operator because of supplying such information, and shall be afforded the
|
|
34-15
|
protection of section 28-50-1 et al. "The Rhode Island Whistleblower's Protection Act", so called.
|
|
34-16
|
(i) The state lottery division shall have the power to call forward for a finding of
|
|
34-17
|
suitability any person that is affiliated with a licensee, permittee or registrant if necessary to
|
|
34-18
|
protect the public interest. Subject to section 41-9.1-24, any person who has or controls directly
|
|
34-19
|
or indirectly five percent (5%) or greater voting interest shall meet all suitability requirements and
|
|
34-20
|
qualifications pursuant to the provisions of this chapter, unless otherwise determined by the state
|
|
34-21
|
lottery division.
|
|
34-22
|
(j) If the state lottery division finds that an individual owner or holder of a security of a
|
|
34-23
|
licensee, permittee, or registrant, or of a holding or intermediary company of a licensee or
|
|
34-24
|
permittee, or registrant, or any person or persons with an economic interest in a licensee,
|
|
34-25
|
permittee, or registrant, or a director, partner, officer, or managerial employee is not suitable, and
|
|
34-26
|
if as a result, the licensee, permittee, or registrant is no longer qualified to continue as a licensee,
|
|
34-27
|
permittee, or registrant, the state lottery division shall propose action necessary to protect the
|
|
34-28
|
public interest, including the suspension of the license, permit or registration. The state lottery
|
|
34-29
|
division may also issue under penalty of revocation or suspension of a license, permit, or
|
|
34-30
|
registration, impose a condition of disqualification naming the person or persons and declaring
|
|
34-31
|
that such person or persons may not:
|
|
34-32
|
(1) Receive dividends or interest on securities of a person, or a holding or intermediary
|
|
34-33
|
company of a person, holding a license, permit, or other approval.
|
|
35-34
|
(2) Exercise directly, or through a trustee or nominee, a right conferred by securities of a
|
|
35-35
|
person, or a holding or intermediary company of a person, holding a license, permit, or other
|
|
35-36
|
approval of the state lottery division issued pursuant to the provisions of this chapter.
|
|
35-37
|
(3) Receive remuneration or other economic benefit from any person, or a holding or
|
|
35-38
|
intermediary company of a person, holding a license, permit, or other approval issued pursuant to
|
|
35-39
|
this chapter.
|
|
35-40
|
(4) Exercise significant influence over activities of a person, or a holding or intermediary
|
|
35-41
|
company of a person, holding a license, permit, or other approval issued pursuant to the
|
|
35-42
|
provisions of this chapter.
|
|
35-43
|
(5) Continue owning or holding a security of a person, or a holding or intermediary
|
|
35-44
|
company of a person, holding a license, permit, or other approval of the state lottery division
|
|
35-45
|
issued pursuant to the provisions of this chapter or remain as a manager, officer, director, or
|
|
35-46
|
partner of a licensee or permittee.
|
|
35-47
|
41-9.1-23. Casino license -- Disqualification criteria. -- The state lottery division shall
|
|
35-48
|
not award a casino or other license, permit or registration to any person who is disqualified on the
|
|
35-49
|
basis of any of the following criteria:
|
|
35-50
|
(1) Failure of the applicant to prove by clear and convincing evidence that he or she is
|
|
35-51
|
suitable in accordance with the provisions of this chapter.
|
|
35-52
|
(2) Failure of the applicant to provide information and documentation to reveal any fact
|
|
35-53
|
material to a suitability determination, or the supplying of information which is untrue or
|
|
35-54
|
misleading as to a material fact pertaining to the qualification criteria.
|
|
35-55
|
(3) The conviction of, or a plea of guilty or nolo contendere by, the applicant, or of any
|
|
35-56
|
person required to be qualified under this chapter for an offense punishable by imprisonment of
|
|
35-57
|
more than one year or a fine up to one thousand dollars ($1,000); provided, however, a conviction
|
|
35-58
|
or plea of guilty or nolo contendere by the applicant shall not constitute an automatic
|
|
35-59
|
disqualification as otherwise required if:
|
|
35-60
|
(i) Ten (10) or more years has elapsed between the date of application and the successful
|
|
35-61
|
completion of service of any sentence, deferred adjudication, or period of probation or parole; or
|
|
35-62
|
(ii) Five (5) or more years has elapsed between the date of application and the successful
|
|
35-63
|
completion of any sentence, deferred adjudication, or period of probation or parole and the
|
|
35-64
|
conviction for an offense which was a misdemeanor offense.
|
|
35-65
|
(4) Notwithstanding any provision of law to the contrary, the state lottery division may
|
|
35-66
|
consider the seriousness and circumstances of any offense, any arrest, or any conviction in
|
|
35-67
|
determining suitability.
|
|
36-68
|
41-9.1-24. Institutional investors or institutional lenders. -- (a) Requirements of
|
|
36-69
|
disclosure or of being suitable or qualified with respect to an institutional investor or institutional
|
|
36-70
|
lender, pursuant to the provisions of this chapter and the rules adopted pursuant thereto, shall be
|
|
36-71
|
deemed to have been complied with upon submission of documentation by the casino licensee
|
|
36-72
|
applicant, casino licensee, permittee or the institution, as appropriate, sufficient to establish
|
|
36-73
|
qualifications as an institutional investor or institutional lender as defined herein and it is
|
|
36-74
|
determined that:
|
|
36-75
|
(1) It owns, holds, or controls publicly traded securities issued by a casino licensee
|
|
36-76
|
applicant, casino licensee, permittee or holding, intermediate or parent company of a casino
|
|
36-77
|
licensee applicant, casino licensee or permittee in the ordinary course of business for investment
|
|
36-78
|
purposes.
|
|
36-79
|
(2) It does not intend to exercise influence over the affairs of the issuer of such
|
|
36-80
|
securities, nor over any licensed or permitted subsidiary of the issuer of such securities, in the
|
|
36-81
|
future, and that it agrees to notify the state lottery division, in writing, within thirty (30) days if
|
|
36-82
|
such intent should change.
|
|
36-83
|
(b) The exercise of voting privileges with regard to publicly traded securities shall not be
|
|
36-84
|
deemed to constitute the exercise of influence over the affairs of the issuer of such securities.
|
|
36-85
|
(c) The state lottery division may rescind the presumption of suitability for an
|
|
36-86
|
institutional lender or institutional investor at any time if the institutional lender or investor
|
|
36-87
|
exercises or intends to exercise influence or control over the affairs of the casino licensee
|
|
36-88
|
applicant, the casino licensee, permittee, or a holding, intermediate, or parent company of the
|
|
36-89
|
casino licensee applicant, the casino licensee or permittee.
|
|
36-90
|
(d) This section shall not be construed to preclude the state lottery division from
|
|
36-91
|
investigating the suitability or qualifications of an institutional investor or institutional lender
|
|
36-92
|
should the state lottery division become aware of facts or information which may result in such
|
|
36-93
|
institutional investor or institutional lender being found unsuitable or disqualified.
|
|
36-94
|
41-9.1-25. Uniform compulsive and problem gambling program. -- (a) The gaming
|
|
36-95
|
industry through the American Gaming Association in the Responsible Gaming Resource Guide
|
|
36-96
|
has stated that the industry recognizes that gaming entertainment companies must stand up and
|
|
36-97
|
take responsible actions to address social problems and costs that are created when some
|
|
36-98
|
individuals have problems handling the product or services they provide. The industry has also
|
|
36-99
|
stated that they know that the vast majority of the men and women who are their customers can
|
|
36-100
|
enjoy their games responsibly, but that they also know the customers expect them to act
|
|
36-101
|
responsibly toward those who cannot. It is imperative for the health, safety, and welfare of the
|
|
36-102
|
citizens of the state of Rhode Island that all casino licensees develop and implement
|
|
37-1
|
comprehensive compulsive and problem gambling programs to be approved by the state lottery
|
|
37-2
|
division.
|
|
37-3
|
(b) Any casino licensee shall adopt a comprehensive program that provides policies and
|
|
37-4
|
procedures that, at a minimum, cover the following areas of concern and are designed to:
|
|
37-5
|
(1) Provide procedures designed to prevent employees from willfully permitting a person
|
|
37-6
|
identified on a self-exclusion list from engaging in gaming activities at the licensed establishment
|
|
37-7
|
or facility.
|
|
37-8
|
(2) Provide procedures to offer employee assistance programs or equivalent coverage.
|
|
37-9
|
The procedures shall be designed to provide confidential assessment and treatment referral for
|
|
37-10
|
gaming employees and, if covered, their dependents who may have a gambling problem.
|
|
37-11
|
(3) Provide procedures for the development of programs to address issues of underage
|
|
37-12
|
gambling and unattended minors at gaming facilities.
|
|
37-13
|
(4) Provide procedures for the training of all employees that interact with gaming patrons
|
|
37-14
|
in gaming areas.
|
|
37-15
|
(5) Provide procedures designed to prevent serving alcohol to individuals who appear to
|
|
37-16
|
be intoxicated consistent with the provisions of Rhode Island law.
|
|
37-17
|
(6) Provide procedures for removing self-excluded person from the licensed
|
|
37-18
|
establishment or facility, including, if necessary, procedures that include obtaining the assistance
|
|
37-19
|
of local law enforcement.
|
|
37-20
|
(7) Provide procedures preventing any person identified on the self-exclusion list from
|
|
37-21
|
receiving any advertisement promotion, or other targeted mailing after ninety (90) days of
|
|
37-22
|
receiving notice from the state lottery division that the person has been placed on the self-
|
|
37-23
|
exclusion list.
|
|
37-24
|
(8) Provide procedures for the distribution or posting within the gaming establishment of
|
|
37-25
|
information that promotes public awareness about problem gambling and provides information on
|
|
37-26
|
available services and resources to those who have a gambling problem.
|
|
37-27
|
(9) Provide procedures for the distribution of responsible gaming materials to
|
|
37-28
|
employees.
|
|
37-29
|
(10) Provide procedures for the posting of local curfews or laws and prohibitions, if any,
|
|
37-30
|
regarding underage gambling and unattended minors.
|
|
37-31
|
(11) Provide procedures to prevent any person placed on the self-exclusion list from
|
|
37-32
|
having access to credit or from receiving complimentary services, check-cashing services, and
|
|
37-33
|
other club benefits.
|
|
38-34
|
(c) (1) The state lottery division shall provide by rule for the establishment of a list of
|
|
38-35
|
self-excluded persons from gaming activities at all gaming establishments. Any person may
|
|
38-36
|
request placement on the list of self-excluded persons by acknowledging in a manner to be
|
|
38-37
|
established by the state lottery division that the person wishes to be excluded and by agreeing
|
|
38-38
|
that, during any period of voluntary exclusion, the person may not collect any winnings or
|
|
38-39
|
recover any losses resulting from any gaming activity at such gaming establishments.
|
|
38-40
|
(2) The rules of the state lottery division shall establish procedures for placements on,
|
|
38-41
|
and removals from, the list of self-excluded persons, provided that notwithstanding any law to the
|
|
38-42
|
contrary, prior to the removal from such list, the state lottery division or a hearing officer shall
|
|
38-43
|
conduct a hearing not open to the general public at which it shall be established by the person
|
|
38-44
|
seeking removal that there is no longer a basis to be maintained on the self-exclusion list.
|
|
38-45
|
(3) The rules shall establish procedures for the transmittal to the gaming establishment of
|
|
38-46
|
identifying information concerning self-excluded persons, and shall require all the gaming
|
|
38-47
|
establishment to establish procedures designed, at a minimum, to remove self-excluded persons
|
|
38-48
|
from targeted mailings or other forms of advertising or promotions and deny self-excluded
|
|
38-49
|
persons access to credit, complimentaries, check-cashing privileges and other club benefits.
|
|
38-50
|
(4) The rules shall provide that the state lottery division's list of self-excluded persons
|
|
38-51
|
shall not be open to public inspection. The state lottery division, any licensee, permittee and any
|
|
38-52
|
employee or agent thereof shall not be liable to any self-excluded person or to any other party in
|
|
38-53
|
any judicial proceeding for any monetary damages or to other remedy which may arise as a result
|
|
38-54
|
of disclosure or publication in any manner other than a willfully unlawful disclosure to a third
|
|
38-55
|
party that is not an employee, affiliated company, or employee or agent of the state lottery
|
|
38-56
|
division of the identity of any self-excluded person.
|
|
38-57
|
(d) A person who is prohibited from any gaming establishment by any provision of this
|
|
38-58
|
chapter or pursuant to any self-exclusion rules adopted by the state lottery division shall not
|
|
38-59
|
collect in any manner or proceeding any winnings or recover any losses arising as a result of any
|
|
38-60
|
prohibited gaming activity.
|
|
38-61
|
(e) In any proceeding brought against any licensee, permittee any employee thereof for a
|
|
38-62
|
willful violation of the self-exclusion rules of the state lottery division, the state lottery division
|
|
38-63
|
may order the forfeiture of any money or thing of value obtained by the licensee from any self-
|
|
38-64
|
excluded person.
|
|
38-65
|
(f) Nothing herein shall prevent any licensee or permittee from adopting and maintaining
|
|
38-66
|
a self-exclusion policy that may impose different or greater standards so long as such policy is in
|
|
38-67
|
addition to the state lottery division's self-exclusion rules, and any actions taken pursuant to such
|
|
38-68
|
a policy of a licensee or permittee shall be subject to the limitations of liability set forth in this
|
|
39-1
|
section.
|
|
39-2
|
(g) The provisions of this section shall not require the state lottery division, licensees,
|
|
39-3
|
permittees and the employees thereof to identify problem or compulsive gamblers, which is an
|
|
39-4
|
activity that requires medical and clinical expertise.
|
|
39-5
|
(h) (1) The state lottery division may impose sanctions on a licensee or permittee, under
|
|
39-6
|
this chapter, if the licensee, permittee, or casino gaming operator willfully fails to exclude from
|
|
39-7
|
the licensed gaming establishment a person placed on the self-exclusion list.
|
|
39-8
|
(2) The state lottery division may seek the suspension of a licensor permit, if the licensee
|
|
39-9
|
or permittee engages in a pattern of willful failure to exclude from the licensed gaming
|
|
39-10
|
establishment persons placed on the self-exclusion list.
|
|
39-11
|
(i) A licensee conducting gaming pursuant to the provisions of this chapter can
|
|
39-12
|
demonstrate to the state lottery division compliance with the education and training provisions of
|
|
39-13
|
this section by providing proof of attendance by all employees when they are hired and annually
|
|
39-14
|
thereafter at one of the following education programs:
|
|
39-15
|
(1) Training programs conducted by the Rhode Island department of mental health,
|
|
39-16
|
retardation, and hospitals.
|
|
39-17
|
(2) Any other course on problem and compulsive gaming training approved by the state
|
|
39-18
|
lottery division, including any courses offered by a casino licensee.
|
|
39-19
|
41-9.1-26. State lottery division designated excluded persons. -- (a) The state lottery
|
|
39-20
|
division shall adopt rules to provide for the establishment of a list of persons who are to be
|
|
39-21
|
excluded from any room, premises, or designated gaming area of any establishment where
|
|
39-22
|
gaming is conducted pursuant to a license or contract issued pursuant to the provisions of this
|
|
39-23
|
chapter. The rules must define the standards for exclusion and include standards relating to the
|
|
39-24
|
following persons:
|
|
39-25
|
(1) Those who are career or professional offenders as defined by the rules of the state
|
|
39-26
|
lottery division.
|
|
39-27
|
(2) Those who have been convicted of a criminal offense specified by the state lottery
|
|
39-28
|
division.
|
|
39-29
|
(3) Those whose presence in a gaming establishment operated by a casino licensee
|
|
39-30
|
would be adverse to the interests of Rhode Island or gaming operations.
|
|
39-31
|
(b) The state lottery division shall have the authority to place persons on the excluded
|
|
39-32
|
list. The state lottery division may not place a person on such a list due to the person's race, color,
|
|
39-33
|
creed, national origin, sex, or disability.
|
|
40-34
|
(c) Whenever the name and description of any person is placed on an excluded person's
|
|
40-35
|
list pursuant to this chapter, except at that person's request, the state lottery division shall serve
|
|
40-36
|
notice of such fact to such person by either of the following:
|
|
40-37
|
(1) By personal service.
|
|
40-38
|
(2) By certified mail to the last known address of such person.
|
|
40-39
|
(d) A person may petition the state lottery division for removal of his or her name from
|
|
40-40
|
the list. The petitioner has the burden of proving he or she does not meet the criteria of
|
|
40-41
|
subdivision (a)(1), (a)(2), or (a)(3) of this section.
|
|
40-42
|
(e) Any person who has been placed on the list of persons to be excluded or ejected from
|
|
40-43
|
any gaming establishment pursuant to this chapter may be imprisoned for up to six (6) months or
|
|
40-44
|
fined not more than five hundred dollars ($500), or both, if he or she thereafter enters or attempts
|
|
40-45
|
to enter the premises of a gaming establishment without first having obtained a determination by
|
|
40-46
|
the state lottery division that he or she should not have been placed on the list of persons to be
|
|
40-47
|
excluded or ejected.
|
|
40-48
|
(f) The state lottery division may impose sanctions on a licensee under this chapter if the
|
|
40-49
|
licensee willfully fails to exclude from the licensed gaming establishment a person placed on the
|
|
40-50
|
exclusion list.
|
|
40-51
|
(g) The state lottery division may seek suspension of a license if the licensee engages in
|
|
40-52
|
a pattern of willful failure to exclude from the licensed gaming establishment persons placed on
|
|
40-53
|
the exclusion list.
|
|
40-54
|
(h) A person who is placed on the list is entitled to a hearing for review of the listing.
|
|
40-55
|
Unless otherwise agreed by the state lottery division and the named person, the hearing shall be
|
|
40-56
|
held not later than thirty (30) days after the receipt of the petition.
|
|
40-57
|
41-9.1-27. Advertising -- Compulsive gambling information. -- In any advertisement
|
|
40-58
|
of gaming activities or of a gaming establishment that is offered to the general public in print by
|
|
40-59
|
any casino licensee pursuant to the provisions of this chapter, the toll-free telephone number of
|
|
40-60
|
the National Council on Problem Gambling or a similar toll-free number approved by the state
|
|
40-61
|
lottery division shall be placed on such advertisement.
|
|
40-62
|
41-9.1-28. Exclusion or ejection of persons. -- (a) Any casino licensee may exclude or
|
|
40-63
|
eject any person for any reason, except race, color, creed, national origin, sex, or disability.
|
|
40-64
|
(b) Any casino licensee and any employee of a casino licensee shall not be liable for any
|
|
40-65
|
monetary damages or any other remedy in any judicial proceeding as a result of the exclusion or
|
|
40-66
|
removal of any person for any reason, except race, color, creed, national origin, sex, or disability.
|
|
40-67
|
41-9.1-29. Making false statements relating to gaming. -- (a) No person shall
|
|
40-68
|
knowingly or intentionally make a material false statement in any application for a license,
|
|
41-1
|
permit, suitability determination, or in support of a proposal for a development agreement
|
|
41-2
|
pursuant to the provisions of this chapter. No person shall intentionally make a material false
|
|
41-3
|
statement in any book, record, form, or any other document which is required, compiled, or
|
|
41-4
|
maintained pursuant to the provisions of this chapter.
|
|
41-5
|
(b) Any person who violates any of the provisions of this section shall be imprisoned for
|
|
41-6
|
not more than five (5) years and may be fined an amount not to exceed ten thousand dollars
|
|
41-7
|
($10,000).
|
|
41-8
|
41-9.1-30. Use of device to obtain advantage at casino game -- Forfeiture -- Notice. --
|
|
41-9
|
If, in playing a game in a licensed casino, the person uses, or assists another in the use of, an
|
|
41-10
|
electronic, electrical or mechanical device which is designed, constructed, or programmed
|
|
41-11
|
specifically for use in obtaining an advantage at playing any game in a licensed casino, such
|
|
41-12
|
action is prohibited and is punishable by imprisonment for a period of one year and/or a fine up to
|
|
41-13
|
one thousand dollars ($1,000). In addition, any device used by any person in violation of this
|
|
41-14
|
section shall be subject to forfeiture. Each casino licensee shall post notice of this prohibition and
|
|
41-15
|
the penalties of this section in a manner determined by the state lottery division.
|
|
41-16
|
41-9.1-31. Unlawful use of bogus chips or gaming billets, marked cards, dice,
|
|
41-17
|
cheating devices, unlawful coins -- Penalty. -- (a) It shall be unlawful for any person to play any
|
|
41-18
|
game and:
|
|
41-19
|
(1) Knowingly to use bogus or counterfeit chips or gaming billets, or knowingly to
|
|
41-20
|
substitute and use in any such game cards or dice that have been marked, loaded or tampered
|
|
41-21
|
with; or
|
|
41-22
|
(2) Knowingly to use or possess any cheating device with intent to cheat or defraud.
|
|
41-23
|
(b) It shall be unlawful for any person, playing or using any slot machine to:
|
|
41-24
|
(1) Knowingly to use other than a lawful coin or legal tender of the United States of
|
|
41-25
|
America or to use coin not of the same denomination as the coin intended to be used in such slot
|
|
41-26
|
machine, except that in the playing of any slot machine or similar gaming device, it shall be
|
|
41-27
|
lawful for any person to use gaming billets, tokens or similar objects therein which are approved
|
|
41-28
|
by the state lottery division; or
|
|
41-29
|
(2) To use any cheating or thieving device, including, but not limited to, tools, drills,
|
|
41-30
|
wires, coins or tokens attached to strings or wires, or electronic or magnetic devices, to facilitate
|
|
41-31
|
the alignment of any winning combination or removing from any slot machine any money or
|
|
41-32
|
other contents thereof.
|
|
41-33
|
(c) It shall be unlawful for any person knowingly to possess or use while on the premises
|
|
41-34
|
of a licensed casino, any cheating, or thieving device, including, but not limited to, tolls, wires,
|
|
42-1
|
drills, coins attached to strings or wires or electronic or magnetic devices to facilitate removing
|
|
42-2
|
from any slot machine any money or contents thereof, except that a duly authorized employee of
|
|
42-3
|
a licensed casino may possess and use any of the foregoing only in furtherance of his or her
|
|
42-4
|
employment in the casino.
|
|
42-5
|
(d) It shall be unlawful for any person knowingly to possess or use while on the premises
|
|
42-6
|
of any licensed casino any key or device designed for the purpose of or suitable for opening or
|
|
42-7
|
entering any slot machine or similar gaming device or drop box, except that a duly authorized
|
|
42-8
|
employee of a licensed casino, or of the state lottery division may possess and use any of the
|
|
42-9
|
foregoing only in furtherance of his or her employment.
|
|
42-10
|
(e) Any person who violates any of the provisions of this section shall be imprisoned for
|
|
42-11
|
no more than (5) five years and may be fined an amount not to exceed ten thousand dollars
|
|
42-12
|
($10,000).
|
|
42-13
|
41-9.1-32. Cheating games and devices in a licensed casino -- Penalty. -- (a) It shall be
|
|
42-14
|
unlawful:
|
|
42-15
|
(1) Knowingly to conduct, carry on, operate, deal or allow to be conducted, carried on,
|
|
42-16
|
operated or dealt any cheating or thieving game or device; or
|
|
42-17
|
(2) Knowingly to deal, conduct, carry on, operate or expose for play any game or games
|
|
42-18
|
played with cards, dice or any mechanical device, or any combination of games or devices, which
|
|
42-19
|
have in any manner been marked or tampered with, or placed in a condition, or operated in a
|
|
42-20
|
manner, the result of which tends to deceive the public or tends to alter the normal random
|
|
42-21
|
selection of characteristics or the normal chance of the game which could determine or alter the
|
|
42-22
|
result of the game.
|
|
42-23
|
(3) It shall be unlawful knowingly to use or possess any marked cards, loaded dice,
|
|
42-24
|
plugged or tampered with machines or devices.
|
|
42-25
|
(b) Any person who violates any of the provisions of this section shall be imprisoned for
|
|
42-26
|
not more than five (5) years and may be fined an amount not to exceed ten thousand dollars
|
|
42-27
|
($10,000).
|
|
42-28
|
41-9.1-33. Skimming of gaming proceeds. -- (a) The crime of skimming of gaming
|
|
42-29
|
proceeds is the intentional excluding or the taking of any action in an attempt to exclude any
|
|
42-30
|
thing or its value from the deposit, counting, collection, or computation of:
|
|
42-31
|
(1) Gross revenues from gaming operations or activities.
|
|
42-32
|
(2) Net gaming proceeds.
|
|
42-33
|
(3) Amounts due the state pursuant to the provisions of this chapter.
|
|
43-34
|
(b) Whoever commits the crime of skimming of gaming proceeds when the amount
|
|
43-35
|
skimmed, or to be skimmed, is less than one thousand dollars ($1,000) may be imprisoned for not
|
|
43-36
|
more than five (5) years or may be fined not more than five thousand dollars ($5,000), or both.
|
|
43-37
|
(c) Whoever commits the crime of skimming of gaming proceeds when the amount
|
|
43-38
|
skimmed, or to be skimmed, is one thousand dollars ($1,000) or more shall be imprisoned for not
|
|
43-39
|
less than one year and not more than twenty (20) years or may be fined not more than ten
|
|
43-40
|
thousand dollars ($10,000) or the amount skimmed or to be skimmed, whichever is greater, or
|
|
43-41
|
both.
|
|
43-42
|
41-9.1-34. Conduct subject to civil penalty. -- In addition to other penalties provided
|
|
43-43
|
for under this chapter, a person who conducts a gaming operation without first obtaining a license
|
|
43-44
|
to do so, or a licensee who continues to conduct gambling games after revocation of the licensee's
|
|
43-45
|
license, or any licensee who conducts or allows to be conducted any unauthorized gambling
|
|
43-46
|
games in a casino in which the licensee is authorized to conduct its gaming operation, is subject
|
|
43-47
|
to a civil penalty equal to the amount of gross receipts derived from wagering on the gambling
|
|
43-48
|
games whether unauthorized or authorized, conducted on that day as well as confiscation and
|
|
43-49
|
forfeiture of all gambling game equipment used in the conduct of unauthorized gambling games.
|
|
43-50
|
41-9.1-35. Property subject to seizure, confiscation, destruction, or forfeiture. -- Any
|
|
43-51
|
equipment, gaming device, money, apparatus, material of gaming, proceeds, substituted proceeds,
|
|
43-52
|
or real or personal property used, obtained, or received in violation of this chapter shall be subject
|
|
43-53
|
to seizure, confiscation, destruction, or forfeiture.
|
|
43-54
|
41-9.1-36. Prohibited conduct -- Violation as felony -- Violation as misdemeanor --
|
|
43-55
|
Penalties -- Presumption -- Venue. -- (a) A person is guilty of a felony punishable by
|
|
43-56
|
imprisonment for not more than ten (10) years or a fine of not more than one hundred thousand
|
|
43-57
|
dollars ($100,000) or both, and shall be barred from receiving or maintaining a license, for doing
|
|
43-58
|
any of the following:
|
|
43-59
|
(1) Conducting a gaming operation where wagering is used or to be used without a
|
|
43-60
|
license issued by the state lottery division.
|
|
43-61
|
(2) Conducting a gaming operation where wagering is permitted other than in the manner
|
|
43-62
|
specified pursuant to the provisions of this chapter.
|
|
43-63
|
(3) Knowingly providing false testimony to the state lottery division or its authorized
|
|
43-64
|
representative while under oath.
|
|
43-65
|
(b) A person commits a felony punishable by imprisonment for not more than ten (10)
|
|
43-66
|
years or a fine of not more than one hundred thousand dollars ($100,000) or both, and, in
|
|
43-67
|
addition, shall be barred for life from a gaming operation under the jurisdiction of the state lottery
|
|
43-68
|
division if the person does any of the following:
|
|
44-1
|
(1) Offers, promises, or gives anything of value or benefit to a person who is connected
|
|
44-2
|
with a licensee or affiliated company, including, but not limited to, an officer or employee of a
|
|
44-3
|
casino licensee or holder of an occupational license pursuant to an agreement or arrangement or
|
|
44-4
|
with the intent that the offer, promise, or thing of value or benefit will influence the actions of the
|
|
44-5
|
person to whom the offer, promise, or gift was made in order to affect or attempt to affect the
|
|
44-6
|
outcome of a gambling game.
|
|
44-7
|
(2) Solicits or knowingly accepts or receives a promise of anything of value or benefit
|
|
44-8
|
while the person is employed by or connected with a licensee, including, but not limited to, an
|
|
44-9
|
officer or employee of a casino licensee or holder of an occupational license, pursuant to an
|
|
44-10
|
understanding or arrangement or with the intent that the promise or thing of value or benefit will
|
|
44-11
|
influence the actions of the person to affect or attempt to affect the outcome of a gambling game.
|
|
44-12
|
(c) A person, or an affiliate of a person, is guilty of a misdemeanor punishable by
|
|
44-13
|
imprisonment for not more than one year or a ten thousand dollar ($10,000) fine, or both, for
|
|
44-14
|
doing any of the following:
|
|
44-15
|
(1) Knowingly making a wager if the person is under twenty-one (21) years of age or
|
|
44-16
|
permitting a person under twenty-one (21) years of age to make a wager.
|
|
44-17
|
(2) Willfully failing to appear before or provide an item to the state lottery division at the
|
|
44-18
|
time and place specified in a subpoena or summons issued by the state lottery division or
|
|
44-19
|
executive director.
|
|
44-20
|
(3) Willfully refusing, without just cause, to testify or provide items in answer to a
|
|
44-21
|
subpoena, subpoena duces tecum or summons issued by the state lottery division or executive
|
|
44-22
|
director.
|
|
44-23
|
(4) Conducting or permitting a person who is not licensed or permitted pursuant to this
|
|
44-24
|
chapter to conduct activities required to be licensed or permitted under the casino, occupational,
|
|
44-25
|
and suppliers licensee and permittee provisions in this chapter or in rules promulgated by the state
|
|
44-26
|
lottery division.
|
|
44-27
|
(5) Leasing, pledging, borrowing, or loaning money against a casino, supplier, or
|
|
44-28
|
occupational license or permit.
|
|
44-29
|
41-9.1-37. Sale of alcoholic beverages. -- Alcoholic beverages shall only be sold or
|
|
44-30
|
distributed in a casino pursuant to state law.
|
|
44-31
|
41-9.1-38. Legal shipments of gaming devices into the state. -- All shipments of
|
|
44-32
|
gaming devices, including slot machines, into any town or city of this state within which gaming
|
|
44-33
|
is authorized, the registering, recording, and labeling of which have been duly done by the
|
|
44-34
|
manufacturer or dealer thereof in accordance with sections 3 and 4 of that certain chapter of the
|
|
45-1
|
Congress of the United States entitled, "An act to prohibit transportation of gaming devices in
|
|
45-2
|
interstate and foreign commerce", approved January 2, 1951, being c. 1194, 64 Stat. 1134, and
|
|
45-3
|
also designated as 15 U.S.C. sections 1171-1177, shall be deemed legal shipments thereof into the
|
|
45-4
|
State of Rhode Island.
|
|
45-5
|
41-9.1-39. Declaration of state's exemption from operation of provisions of 15 U.S.C.
|
|
45-6
|
section 1172. -- Pursuant to section 2 of that certain chapter of the Congress of the United States
|
|
45-7
|
entitled "An act to prohibit transportation of gaming devices in interstate and foreign commerce",
|
|
45-8
|
approved January 2, 1951, being c. 1194, 64 Stat. 1134, and also designated as 15 U.S.C. sections
|
|
45-9
|
1171-1177, the state of Rhode Island, acting by and through its duly elected and qualified
|
|
45-10
|
members of its legislature, does hereby in this section, and in accordance with and in compliance
|
|
45-11
|
with the provisions of section 2 of such chapter of Congress, declare and proclaim that any town
|
|
45-12
|
or city of the State of Rhode Island, within which gaming is authorized is exempt from the
|
|
45-13
|
provisions of section 2 of that certain chapter of the Congress of the United States entitled "An
|
|
45-14
|
act to prohibit transportation of gaming devices in interstate and foreign commerce", designated
|
|
45-15
|
15 U.S.C. sections 1171-1177, approved January 2, 1951.
|
|
45-16
|
41-9.1-40. Smoking. -- (a) Notwithstanding any other provisions of the general laws or
|
|
45-17
|
regulations adopted thereunder to the contrary, including, but not limited to, the provisions of
|
|
45-18
|
chapter 20.10 of title 23, the provisions of this section shall govern and control with respect to
|
|
45-19
|
any and all smoking prohibitions as such relate to a casino licensed under this chapter.
|
|
45-20
|
(b) Any casino licensed under this chapter shall provide designated smoking and
|
|
45-21
|
nonsmoking gaming areas in its facility.
|
|
45-22
|
(c) The designated nonsmoking gaming area shall be physically separated from any
|
|
45-23
|
smoking area and shall be required to have separate and distinct ventilation systems so as to
|
|
45-24
|
prohibit the migration of smoke into the nonsmoking area.
|
|
45-25
|
(d) Except with respect to bars located in a designated smoking area within the gaming
|
|
45-26
|
area, any bar or restaurant located in a casino shall be nonsmoking and be physically separate
|
|
45-27
|
from any smoking area and shall have a separate ventilation system so as to prohibit the migration
|
|
45-28
|
of smoke into the restaurant.
|
|
45-29
|
(e) Any casino licensee shall promulgate rules and regulations to allow its employees the
|
|
45-30
|
right to work in a smoke free environment. These rules shall include, but not be limited to,
|
|
45-31
|
provisions on the right to opt out of working in a smoking area and a provision that no adverse
|
|
45-32
|
impact or action could take place against the employee if they request to opt out of a smoking
|
|
45-33
|
area. The rules promulgated by the casino licensee shall be filed with the state lottery division
|
|
45-34
|
with copies to the general assembly and the department of health prior to the opening of the
|
|
46-1
|
casino for business.
|
|
46-2
|
(f) A casino licensee shall file an annual report with the state lottery division with copies
|
|
46-3
|
to the general assembly and department of health detailing smoke mitigation efforts undertaken
|
|
46-4
|
by the licensee during the previous year and plans for the upcoming year. The licensee shall be
|
|
46-5
|
required to monitor air quality with current appropriate technology. A professional HVAC
|
|
46-6
|
engineer (or other appropriate professional) shall certify the monitoring process and results. The
|
|
46-7
|
results of the monitoring process shall be included in the annual report.
|
|
46-8
|
(g) Any enactment relating to the provisions of this section on a casino licensed under
|
|
46-9
|
this chapter or the casino licensee shall be by statute as enacted by the general assembly;
|
|
46-10
|
provided, however, that the general assembly may by statute delegate such authority to the cities
|
|
46-11
|
and towns.
|
|
46-12
|
41-9.1-41. Severability. -- If any provision of this chapter or the application thereof shall
|
|
46-13
|
for any reason be judged invalid, that judgment shall not affect, impair, or invalidate the
|
|
46-14
|
remainder of the law, but shall be confined in its effect to the provision or application directly
|
|
46-15
|
involved in the controversy giving rise to the judgment.
|
|
46-16
|
SECTION 2. Sections 42-61.2-5, 42-61.2-8 and 42-61.2-9 of the General Laws in
|
|
46-17
|
Chapter 42-61.2 entitled "Video Lottery Terminal" are hereby repealed.
|
|
46-18
|
42-61.2-5. Exclusion of minors. -- No person under the age of eighteen (18) years may
|
|
46-19
|
play a video lottery game or a Table Game authorized by this chapter, nor shall any licensed
|
|
46-20
|
video lottery or Table Game retailer knowingly permit a minor to play a video lottery machine or
|
|
46-21
|
Table Game or knowingly pay a minor with respect to a video lottery credit slip or Table Game
|
|
46-22
|
chip. Violation of this section shall be punishable by a fine of five hundred dollars ($500).
|
|
46-23
|
42-61.2-8. Penalty for manipulation or tampering. -- Any person who, with intent to
|
|
46-24
|
manipulate the outcome, payoff, and/or operation of a video lottery terminal or Table Game,
|
|
46-25
|
manipulates the outcome, prize, or operation of a video lottery terminal or Table Game by
|
|
46-26
|
physical or electronic means shall be guilty of a felony punishable by imprisonment for not more
|
|
46-27
|
than ten (10) years or by a fine of not less than ten thousand ($10,000) dollars or both.
|
|
46-28
|
42-61.2-9. Devices in use lawful in this state. -- (a) No other law providing for any
|
|
46-29
|
penalty or disability for the:
|
|
46-30
|
(1) Manufacture, keeping, possession, or operation of, or permitting the manufacture,
|
|
46-31
|
keeping, possession, or operation of any machine, device, apparatus, or subassembly of these
|
|
46-32
|
items, to be used in gambling or playing a game of chance for money; or
|
|
46-33
|
(2) Any acts done in connection with a lottery, shall apply to the manufacture, keeping,
|
|
46-34
|
possession, or operation of, or the permitting of the manufacture, keeping, possession, or
|
|
47-1
|
operation of any machine, device, apparatus, or subassembly of these items performed pursuant to
|
|
47-2
|
this chapter.
|
|
47-3
|
(b) Notwithstanding the provisions of any other law, the sale, lease, transportation,
|
|
47-4
|
storage, and manufacture of machines, devices, apparatus, and subassemblies of these items to be
|
|
47-5
|
used in gambling or playing a game of chance for money or other valuable consideration other
|
|
47-6
|
than lottery games, is permitted, provided that these machines, devices, apparatus, and
|
|
47-7
|
subassemblies of these items are sold, leased, transported, stored, and manufactured for
|
|
47-8
|
subsequent transportation in interstate or foreign commerce. A violation of this section is a
|
|
47-9
|
misdemeanor.
|
|
47-10
|
SECTION 3. Title 42 of the General Laws entitled "STATE AFFAIRS AND
|
|
47-11
|
GOVERNMENT" is hereby amended by adding thereto the following chapter:
|
|
47-12
|
CHAPTER 61.3
|
|
47-13
|
CASINO GAMING
|
|
47-14
|
42-61.3-1. Legislative findings. -- The legislature finds that casino gaming as defined in
|
|
47-15
|
the Rhode Island general laws subdivision 42-61.2-1(8) will play a critical role in the economy of
|
|
47-16
|
the state, enhance state and local revenues, and provide significant employment opportunities in
|
|
47-17
|
the state. The legislature further finds that an essential element of the operation, regulation and
|
|
47-18
|
control of casino gaming by the state requires public confidence and trust in the credibility and
|
|
47-19
|
integrity of those casino gaming activities. Therefore, in order to safeguard the integrity of casino
|
|
47-20
|
gaming activities, the legislature finds that it is necessary to establish a casino gaming unit within
|
|
47-21
|
the Rhode Island state police to, inter alia, assist in conducting due diligence investigations and
|
|
47-22
|
background investigations of individuals and entities, to assist regulatory authorities in
|
|
47-23
|
monitoring and investigating potential criminal activity and to assist with the prosecution of
|
|
47-24
|
crimes related to casino gaming activities.
|
|
47-25
|
42-61.3-2. Gaming enforcement unit. -- (a) The superintendent of the state police shall
|
|
47-26
|
establish a gaming enforcement unit within the state police.
|
|
47-27
|
(b) The gaming enforcement unit shall work both independently and in conjunction and
|
|
47-28
|
cooperation with the division of state lottery and the department of business regulation to ensure
|
|
47-29
|
the integrity of casino gaming activities in the state.
|
|
47-30
|
(c) The superintendent of the state police shall assign such supervisory and investigative
|
|
47-31
|
personnel and other resources to the gaming enforcement unit as may be necessary to fulfill its
|
|
47-32
|
obligations under this chapter. No person assigned to the casino gaming unit, other than in the
|
|
47-33
|
performance of his/her official duties, shall place a wager in a facility licensed by the division of
|
|
47-34
|
state lottery.
|
|
48-1
|
(d) The gaming enforcement unit's responsibilities shall include, but not be limited to:
|
|
48-2
|
(1) Conducting due diligence investigations and background investigations with respect
|
|
48-3
|
to entities and individuals required to be licensed by the division and/or the department of
|
|
48-4
|
business regulation;
|
|
48-5
|
(2) Monitoring for and investigating potential criminal activity; and
|
|
48-6
|
(3) Taking any and all actions necessary to enforce the criminal laws related to casino
|
|
48-7
|
gaming activities.
|
|
48-8
|
(e) Any and all individuals and/or entities licensed by the division of state lottery and/or
|
|
48-9
|
the department of business regulation shall cooperate with the gaming enforcement unit in the
|
|
48-10
|
performance of its duties.
|
|
48-11
|
(f) The gaming enforcement unit may independently conduct gaming related
|
|
48-12
|
investigations and background investigations that require out-of-state travel. It shall be the
|
|
48-13
|
responsibility of the applicant and/or licensee, as applicable, to reimburse the state police for all
|
|
48-14
|
travel-related expenses incurred while conducting gaming-related investigations and background
|
|
48-15
|
investigations.
|
|
48-16
|
(g) Notwithstanding any other provisions of the general laws, members of the gaming
|
|
48-17
|
enforcement unit shall have the power to enter the premises of a gaming facility licensed by the
|
|
48-18
|
division of state lottery at any time, to the extent permissible under the constitutions of the state
|
|
48-19
|
of Rhode Island and the United States of America, through its investigators and law enforcement
|
|
48-20
|
personnel at any time without notice for the following purposes:
|
|
48-21
|
(1) To inspect and examine the premises of a gaming facility where casino gaming
|
|
48-22
|
activities are conducted;
|
|
48-23
|
(2) To inspect, examine and/or seize any and all tangible property related to casino
|
|
48-24
|
gaming activities;
|
|
48-25
|
(3) To inspect, examine, seize and/or audit all computers, books, ledgers, documents,
|
|
48-26
|
writing, photocopies, correspondence, records, videotapes, including electronically stored
|
|
48-27
|
records, money receptacles, other containers and their contents, and equipment in or on which the
|
|
48-28
|
records are stored at a licensed gaming facility, its parking areas and/or adjacent buildings and
|
|
48-29
|
structures;
|
|
48-30
|
(4) To inspect any person on the premises of a gaming facility, its parking areas and/or
|
|
48-31
|
adjacent buildings and structures and inspect, examine, and seize personal effects while that
|
|
48-32
|
person is present in said facility, its parking areas and/or adjacent buildings and structures;
|
|
48-33
|
(5) To conduct criminal investigations into violations of the criminal laws or the rules and
|
|
48-34
|
regulations promulgated thereto;
|
|
49-1
|
(6) To eject, exclude or authorize the ejection or exclusion of a person from a gaming
|
|
49-2
|
facility if the person allegedly violated any criminal law, or when the division of state lottery or
|
|
49-3
|
the casino gaming unit determines that the person's conduct or reputation is such that his or her
|
|
49-4
|
presence within the gaming facility may compromise the honesty and integrity of casino gaming
|
|
49-5
|
activities or interfere with the orderly conduct of casino gaming activities. Nothing herein shall
|
|
49-6
|
preclude any other law enforcement or regulatory agency from having similar authority as
|
|
49-7
|
otherwise permitted by law or regulation; and
|
|
49-8
|
(7) Take any and all other actions as may be reasonable or appropriate to carry out their
|
|
49-9
|
duties and responsibilities under this chapter.
|
|
49-10
|
42-61.3-3. Casino gaming crimes. -- (a) Definitions as used in this chapter:
|
|
49-11
|
(1) "Casino gaming" shall have the meaning set forth in the Rhode Island general laws
|
|
49-12
|
subdivision 42-61.2-1(8).
|
|
49-13
|
(2) "Cheat" means to alter the element of chance, method of selection, or criteria which
|
|
49-14
|
determines:
|
|
49-15
|
(i) The result of the game;
|
|
49-16
|
(ii) The amount or frequency of payment in a game, including intentionally taking
|
|
49-17
|
advantage of a malfunctioning machine;
|
|
49-18
|
(iii) The value of a wagering instrument; or
|
|
49-19
|
(iv) The value of a wagering credit.
|
|
49-20
|
(3) "Cheating device" means any physical, mechanical, electromechanical, electronic,
|
|
49-21
|
photographic, or computerized device used in such a manner as to cheat, deceive or defraud a
|
|
49-22
|
casino game. This includes, but is not limited to:
|
|
49-23
|
(i) Slugs, plastic, tape, string or dental floss placed inside a coin or bill acceptor or any
|
|
49-24
|
other opening in a video lottery terminal in a manner to simulate coin or currency acceptance, and
|
|
49-25
|
is thereafter withdrawn;
|
|
49-26
|
(ii) Forged or stolen keys used to gain access to a casino game to remove its contents; and
|
|
49-27
|
(iii) Game cards or dice that have been tampered with, marked or loaded.
|
|
49-28
|
(4) "Gaming facility" means any facility authorized to conduct casino gaming as defined
|
|
49-29
|
in the Rhode Island general laws subdivision 42-61.2-1(8), including its parking areas and/or
|
|
49-30
|
adjacent buildings and structures.
|
|
49-31
|
(5) "Paraphernalia for the manufacturing of cheating devices" means the equipment,
|
|
49-32
|
products or materials that are intended for use or designed for use in manufacturing, producing,
|
|
49-33
|
fabricating, preparing, testing, analyzing, packaging, storing or concealing a counterfeit facsimile
|
|
49-34
|
of the chips, tokens, debit instruments or other wagering devices approved by the division of state
|
|
50-1
|
lottery or lawful coin or currency of the United States of America. This term includes, but is not
|
|
50-2
|
limited to:
|
|
50-3
|
(i) Lead or lead alloy molds, forms, or similar equipment capable of producing a likeness
|
|
50-4
|
of a gaming token or United States coin or currency;
|
|
50-5
|
(ii) Melting pots or other receptacles;
|
|
50-6
|
(iii) Torches, tongs, trimming tools or other similar equipment; and
|
|
50-7
|
(iv) Equipment that can be used to manufacture facsimiles of debit instruments or
|
|
50-8
|
wagering instruments approved by the division of state lottery.
|
|
50-9
|
(6) "Table game" shall have the meaning set forth in Rhode Island general laws
|
|
50-10
|
subdivision 42-61.2-1(11).
|
|
50-11
|
(7) "Wager" means a sum of money or representative of value that is risked on an
|
|
50-12
|
occurrence for which the outcome is uncertain.
|
|
50-13
|
(b) Prohibited Acts and Penalties. It shall be unlawful for any person to:
|
|
50-14
|
(1) Use, or attempt to use, a cheating device in a casino game or to have possession of
|
|
50-15
|
such a device in a gaming facility. Any person convicted of violating this section shall be guilty
|
|
50-16
|
of a felony punishable by imprisonment for not more than ten (10) years or a fine of not more
|
|
50-17
|
than one hundred thousand dollars ($100,000), or both;
|
|
50-18
|
(2) Use, acquire, or possess, or attempt to use, acquire or possess, paraphernalia used to
|
|
50-19
|
manufacture cheating devices. Any person convicted of violating this section shall be guilty of a
|
|
50-20
|
felony punishable by imprisonment for not more than ten (10) years or a fine of not more than
|
|
50-21
|
one hundred thousand dollars ($100,000), or both;
|
|
50-22
|
(3) Cheat, or attempt to cheat, in order to take or collect money or anything of value,
|
|
50-23
|
whether for one's self or another, in or from a casino game in a gaming facility. Any person
|
|
50-24
|
convicted of violating this section shall be guilty of a felony punishable by imprisonment for not
|
|
50-25
|
more than ten (10) years or a fine of not more than one hundred thousand dollars ($100,000), or
|
|
50-26
|
both;
|
|
50-27
|
(4) Conduct, carry on, operate, deal, or attempt to conduct, carry on, operate or deal, or
|
|
50-28
|
allow to be conducted, carried on, operated, or dealt, any cheating game or device. Any person
|
|
50-29
|
convicted of violating this section shall be guilty of a felony punishable by imprisonment for not
|
|
50-30
|
more than ten (10) years or a fine of not more than one hundred thousand dollars ($100,000), or
|
|
50-31
|
both;
|
|
50-32
|
(5) Manipulate or alter or attempt to manipulate or alter, with the intent to cheat, any
|
|
50-33
|
physical, mechanical, electromechanical, electronic, or computerized component of a casino
|
|
50-34
|
game, contrary to the designed and normal operational purpose for the component. Any person
|
|
51-1
|
convicted of violating this section shall be guilty of a felony punishable by imprisonment for not
|
|
51-2
|
more than ten (10) years or a fine of not more than one hundred thousand dollars ($100,000), or
|
|
51-3
|
both;
|
|
51-4
|
(6) Use, sell or possess, or attempt to use, sell or possess, counterfeit: coins, slugs,
|
|
51-5
|
tokens, gaming chips, debit instruments, player rewards cards or any counterfeit wagering
|
|
51-6
|
instruments and/or devices resembling tokens, gaming chips, debit or other wagering instruments
|
|
51-7
|
approved by the division of state lottery for use in a casino game in a gaming facility. Any person
|
|
51-8
|
convicted of violating this section shall be guilty of a felony punishable by imprisonment for not
|
|
51-9
|
more than ten (10) years or a fine of not more than one hundred thousand dollars ($100,000), or
|
|
51-10
|
both;
|
|
51-11
|
(7)(i) Place, increase, decrease, cancel or remove a wager or determine the course of play
|
|
51-12
|
of a table game, or attempt to place, increase, decrease, cancel or remove a wager or determine
|
|
51-13
|
the course of play of a table game, with knowledge of the outcome of the table game where such
|
|
51-14
|
knowledge is not available to all players; or
|
|
51-15
|
(ii) Aid, or attempt to aid anyone in acquiring such knowledge for the purpose of placing,
|
|
51-16
|
increasing, decreasing, cancelling or removing a wager or determining the course of play of the
|
|
51-17
|
table game. Any person convicted of violating this section shall be guilty of a felony punishable
|
|
51-18
|
by imprisonment for not more than ten (10) years or a fine of not more than one hundred
|
|
51-19
|
thousand dollars ($100,000), or both;
|
|
51-20
|
(8) Claim, collect or take, or attempt to claim, collect or take, money or anything of value
|
|
51-21
|
in or from a casino game or gaming facility, with intent to defraud, or to claim, collect or take an
|
|
51-22
|
amount greater than the amount won. Any person convicted of violating this section shall be
|
|
51-23
|
guilty of a felony punishable by imprisonment for not more than ten (10) years or a fine of not
|
|
51-24
|
more than one hundred thousand dollars ($100,000), or both;
|
|
51-25
|
(9) For any employee of a gaming facility or anyone acting on behalf of or at the
|
|
51-26
|
direction of an employee of a gaming facility, to knowingly fail to collect, or attempt to fail to
|
|
51-27
|
collect, a losing wager or pay, or attempt to pay, an amount greater on any wager than required
|
|
51-28
|
under the rules of a casino game. Any person convicted of violating this section shall be guilty of
|
|
51-29
|
a felony punishable by imprisonment for not more than ten (10) years or a fine of not more than
|
|
51-30
|
one hundred thousand dollars ($100,000), or both;
|
|
51-31
|
(10) Directly or indirectly offer, or attempt to offer, to conspire with another, or solicit, or
|
|
51-32
|
attempt to solicit, from another, anything of value, for the purpose of influencing the outcome of
|
|
51-33
|
a casino game. Any person convicted of violating this section shall be guilty of a felony
|
|
51-34
|
punishable by imprisonment for not more than ten (10) years or a fine of not more than one
|
|
52-1
|
hundred thousand dollars ($100,000), or both;
|
|
52-2
|
(11) Use or possess, or attempt to use or possess, at a gaming facility, without the written
|
|
52-3
|
consent of the director of the division of state lottery, any electronic, electrical or mechanical
|
|
52-4
|
device designed, constructed or programmed to assist the user or another person in:
|
|
52-5
|
(i) Predicting the outcome of a casino game;
|
|
52-6
|
(ii) Keeping track of the cards played;
|
|
52-7
|
(iii) Analyzing and/or predicting the probability of an occurrence relating to the casino
|
|
52-8
|
game; and/or
|
|
52-9
|
(iv) Analyzing and/or predicting the strategy for playing or wagering to be used in the
|
|
52-10
|
casino game. Any person convicted of violating this section shall be guilty of a felony punishable
|
|
52-11
|
by imprisonment for not more than ten (10) years or a fine of not more than one hundred
|
|
52-12
|
thousand dollars ($100,000), or both;
|
|
52-13
|
(12) Skim, or attempt to skim, casino gaming proceeds by excluding anything of value
|
|
52-14
|
from the deposit, counting, collection, or computation of:
|
|
52-15
|
(i) Gross revenues from gaming operations or activities;
|
|
52-16
|
(ii) Net gaming proceeds; and/or
|
|
52-17
|
(iii) Amounts due the state pursuant to applicable casino gaming-related laws. Any
|
|
52-18
|
person convicted of violating this section shall be guilty of a felony punishable by imprisonment
|
|
52-19
|
for not more than ten (10) years or a fine of not more than one hundred thousand dollars
|
|
52-20
|
($100,000), or both;
|
|
52-21
|
(13) Cheat, or attempt to cheat, in the performance of his/her duties as a dealer or other
|
|
52-22
|
casino employee by conducting one's self in a manner that is deceptive to the public or alters the
|
|
52-23
|
normal random selection of characteristics or the normal chance or result of the game, including,
|
|
52-24
|
but not limited to, using cards, dice or any cheating device(s) which have been marked, tampered
|
|
52-25
|
with or altered. Any person convicted of violating this section shall be guilty of a felony
|
|
52-26
|
punishable by imprisonment for not more than ten (10) years or a fine of not more than one
|
|
52-27
|
hundred thousand dollars ($100,000), or both;
|
|
52-28
|
(14) Possess or use, or attempt to use, without proper authorization from the state lottery
|
|
52-29
|
division, while in the gaming facility any key or device designed for the purpose of or suitable for
|
|
52-30
|
opening or entering any self-redemption unit (kiosk), vault, video lottery terminal, drop box or
|
|
52-31
|
any secured area in the gaming facility that contains casino gaming and/or surveillance
|
|
52-32
|
equipment, computers, electrical systems, currency, cards, chips, dice, or any other thing of value.
|
|
52-33
|
Any person convicted of violating this section shall be guilty of a felony punishable by
|
|
52-34
|
imprisonment for not more than ten (10) years or a fine of not more than one hundred thousand
|
|
53-1
|
dollars ($100,000), or both;
|
|
53-2
|
(15) Tamper and/or interfere, or attempt to tamper and/or interfere, with any casino
|
|
53-3
|
gaming and/or surveillance equipment, including, but not limited to, related computers and
|
|
53-4
|
electrical systems. Any person convicted of violating this section shall be guilty of a felony
|
|
53-5
|
punishable by imprisonment for not more than ten (10) years or a fine of not more than one
|
|
53-6
|
hundred thousand dollars ($100,000), or both;
|
|
53-7
|
(16) Access, interfere with, infiltrate, hack into or infect, or attempt to access, interfere
|
|
53-8
|
with, infiltrate, hack into or infect, any casino gaming-related computer, network, hardware
|
|
53-9
|
and/or software or other equipment. Any person convicted of violating this section shall be guilty
|
|
53-10
|
of a felony punishable by imprisonment for not more than ten (10) years or a fine of not more
|
|
53-11
|
than one hundred thousand dollars ($100,000), or both;
|
|
53-12
|
(17) Sell, trade, barter, profit from or otherwise use to one's financial advantage, or
|
|
53-13
|
attempt to sell, trade, barter, profit from or otherwise use to one's financial advantage, any
|
|
53-14
|
confidential information related to casino-gaming operations, including, but not limited to, data
|
|
53-15
|
(whether stored on a computer's software, hardware, network or elsewhere), passwords, codes,
|
|
53-16
|
surveillance and security characteristics and/or vulnerabilities, and/or non-public internal
|
|
53-17
|
controls, policies and procedures related thereto. Any person convicted of violating this section
|
|
53-18
|
shall be guilty of a felony punishable by imprisonment for not more than ten (10) years or a fine
|
|
53-19
|
of not more than one hundred thousand dollars ($100,000), or both;
|
|
53-20
|
(18) Conduct a gaming operation, or attempt to conduct a gaming operation, where
|
|
53-21
|
wagering is used or to be used without a license issued by the division of state lottery. Any
|
|
53-22
|
person convicted of violating this section shall be guilty of a felony punishable by imprisonment
|
|
53-23
|
for not more than ten (10) years or a fine of not more than one hundred thousand dollars
|
|
53-24
|
($100,000), or both;
|
|
53-25
|
(19) Provide false information and/or testimony to the division of state lottery,
|
|
53-26
|
department of business regulation, or their authorized representatives and/or the state police while
|
|
53-27
|
under oath. Any person convicted of violating this section shall be guilty of a felony punishable
|
|
53-28
|
by imprisonment for not more than ten (10) years or a fine of not more than one hundred
|
|
53-29
|
thousand dollars ($100,000), or both;
|
|
53-30
|
(20) Play a casino game and/or make a wager, or attempting to play a casino game and/or
|
|
53-31
|
make a wager, if under the age eighteen (18) years. Any person convicted of violating this section
|
|
53-32
|
be guilty of a misdemeanor punishable by imprisonment for not more than one year or a fine of
|
|
53-33
|
not more than one thousand dollars ($1,000), or both; or
|
|
54-34
|
(21) Permit, or attempt to permit, a person to play a casino game and/or accept, or
|
|
54-35
|
attempt to accept, a wager from a person, if he/she is under the age of eighteen (18) years. Any
|
|
54-36
|
person convicted of violating this section be guilty of a misdemeanor punishable by
|
|
54-37
|
imprisonment for not more than one year or a fine of not more than one thousand dollars
|
|
54-38
|
($1,000), or both.
|
|
54-39
|
42-61.3-4. Barred from gaming facility; Restitution; Confiscation. -- (a) In addition,
|
|
54-40
|
anyone so convicted of any crime above may be barred for a period of time, including life, from
|
|
54-41
|
any gaming facility.
|
|
54-42
|
(b) Upon conviction of either a felony or misdemeanor in this chapter, the sentencing
|
|
54-43
|
judge may require full restitution for any monetary losses suffered.
|
|
54-44
|
(c) Any cheating device, paraphernalia used to manufacture cheating devices, counterfeit:
|
|
54-45
|
coins, slugs, tokens, gaming chips, debit instruments, player rewards cards or any counterfeit
|
|
54-46
|
wagering instruments and/or devices resembling tokens, gaming chips, debit or other wagering
|
|
54-47
|
instruments or any other equipment or real or personal property used, obtained or received in
|
|
54-48
|
violation of this chapter, shall be confiscated by the division of state lottery, the gaming facility
|
|
54-49
|
and/or the gaming enforcement unit of the state police and shall be forfeited to the gaming
|
|
54-50
|
enforcement unit. This section shall include the confiscation and forfeiture of vehicles containing
|
|
54-51
|
any item(s) listed above.
|
|
54-52
|
42-61.3-5. Limitation of liability. -- The licensee's officers, and/or any duly authorized
|
|
54-53
|
employees of the licensee, and/or the division may question and detain for a reasonable amount of
|
|
54-54
|
time in accordance with Rhode Island law, any individual(s) suspected of violating any provision
|
|
54-55
|
of this chapter, while awaiting the arrival of law enforcement officials. No officer or duly
|
|
54-56
|
authorized employee of the licensee or the division of state lottery shall be held criminally or
|
|
54-57
|
civilly liable for such actions.
|
|
54-58
|
42-61.3-6. Additional crimes. -- The criminal offenses under this chapter shall be in
|
|
54-59
|
addition to any other offenses under the general laws and nothing in this chapter shall be
|
|
54-60
|
construed so as to prohibit the prosecution for any other such offenses.
|
|
54-61
|
SECTION 4. Section 42-61.2-2.1 of the General Laws in Chapter 42-61.2 entitled "Video
|
|
54-62
|
Lottery Terminal" is hereby amended to read as follows:
|
|
54-63
|
42-61.2-2.1. State authorized to operate casino gaming. -- (a) State-operated casino
|
|
54-64
|
gaming shall be authorized at the facility of the licensed video lottery terminal retailer known as
|
|
54-65
|
"Twin River" located in the town of Lincoln; provided, that the requirements of Article VI,
|
|
54-66
|
Section 22 of the Rhode Island Constitution are met with respect to said facility at the general
|
|
54-67
|
election next held after enactment of this section.
|
|
55-68
|
(1) With respect to the "Twin River" facility, the authorization of this section 2.1 shall be
|
|
55-69
|
effective upon: (i) The certification by the secretary of state that the qualified voters of the state
|
|
55-70
|
have approved the expansion of gambling at such facility to include casino gaming; and (ii) The
|
|
55-71
|
certification by the board of canvassers of the town of Lincoln that qualified electors of the town
|
|
55-72
|
of Lincoln have approved the expansion of gambling at such facility to include casino gaming.
|
|
55-73
|
(b) The general assembly finds that:
|
|
55-74
|
(1) The operation of casino gaming at Twin River will play a critical role in the economy
|
|
55-75
|
of the state and enhance state and local revenues;
|
|
55-76
|
(2) Pursuant to Article VI, Section 15 of the Rhode Island Constitution and the specific
|
|
55-77
|
powers, authorities and safeguards set forth in subsection (c) herein in connection with the
|
|
55-78
|
operation of casino gaming, the state shall have full operational control over the specified
|
|
55-79
|
location at which casino gaming shall be conducted;
|
|
55-80
|
(3) It is in the best interest of the state to have the authorization to operate casino gaming
|
|
55-81
|
as specified at Twin River; and
|
|
55-82
|
(4) It is in the best interest of the state to conduct an extensive analysis and evaluation of
|
|
55-83
|
competitive casino gaming operations and thereafter for the general assembly to enact
|
|
55-84
|
comprehensive legislation during the 2012 legislative session to determine the terms and
|
|
55-85
|
conditions pursuant to which casino gaming would be operated in the state if it is authorized as
|
|
55-86
|
set forth herein.
|
|
55-87
|
(c) Notwithstanding the provisions of any other law and pursuant to Article VI, Section
|
|
55-88
|
15 of the Rhode Island Constitution, the state is authorized to operate, conduct and control casino
|
|
55-89
|
gaming at Twin River, subject to subsection (a) above. In furtherance thereof, the state, through
|
|
55-90
|
the division of state lottery and/or the department of business regulation, shall have full
|
|
55-91
|
operational control to operate the foregoing facility, the authority to make all decisions about all
|
|
55-92
|
aspects of the functioning of the business enterprise, including, without limitation, the power and
|
|
55-93
|
authority to:
|
|
55-94
|
(1) Determine the number, type, placement and arrangement of casino gaming games,
|
|
55-95
|
tables and sites within the facility;
|
|
55-96
|
(2) Establish with respect to casino gaming one or more systems for linking, tracking,
|
|
55-97
|
deposit and reporting of receipts, audits, annual reports, prohibitive conduct and other such
|
|
55-98
|
matters determined from time to time;
|
|
55-99
|
(3) Collect all receipts from casino gaming, require that Twin River collect casino
|
|
55-100
|
gaming gross receipts in trust for the state through the division of state lottery, deposit such
|
|
55-101
|
receipts into an account or accounts of its choice, allocate such receipts according to law, and
|
|
55-102
|
otherwise maintain custody and control over all casino gaming receipts and funds;
|
|
56-1
|
(4) Hold and exercise sufficient powers over Twin River's accounting and finances to
|
|
56-2
|
allow for adequate oversight and verification of the financial aspects of casino gaming at the
|
|
56-3
|
facility, including, without limitation:
|
|
56-4
|
(i) The right to require Twin River to maintain an annual balance sheet, profit and loss
|
|
56-5
|
statement, and any other necessary information or reports; and
|
|
56-6
|
(ii) The authority and power to conduct periodic compliance or special or focused audits
|
|
56-7
|
of the information or reports provided, as well as the premises with the facility containing records
|
|
56-8
|
of casino gaming or in which the business of Twin River's casino gaming operations are
|
|
56-9
|
conducted;
|
|
56-10
|
(5) Monitor all casino gaming operations and have the power to terminate or suspend
|
|
56-11
|
any casino gaming activities in the event of an integrity concern or other threat to the public trust,
|
|
56-12
|
and in furtherance thereof, require the licensed video lottery retailer to provide a specified area or
|
|
56-13
|
areas from which to conduct such monitoring activities;
|
|
56-14
|
(6) Define and limit the rules of play and odds of authorized casino gaming games,
|
|
56-15
|
including, without limitation, the minimum and maximum wagers for each casino gaming game;
|
|
56-16
|
(7) Have approval rights over matters relating to the employment of individuals to be
|
|
56-17
|
involved, directly or indirectly, with the operation of casino gaming at Twin River;
|
|
56-18
|
(8) Establish compulsive gambling treatment programs;
|
|
56-19
|
(9) Promulgate, or propose for promulgation, any legislative, interpretive and procedural
|
|
56-20
|
rules necessary for the successful implementation, administration and enforcement of this
|
|
56-21
|
chapter; and
|
|
56-22
|
(10) Hold all other powers necessary and proper to fully effectively execute and
|
|
56-23
|
administer the provisions of this chapter for its purpose of allowing the state to operate a casino
|
|
56-24
|
gaming facility through a licensed video lottery retailer hosting said casino gaming on behalf of
|
|
56-25
|
the State of Rhode Island.
|
|
56-26
|
(d) Subject to subsection (a) above, the state, through the division of state lottery and/or
|
|
56-27
|
the department of business regulation, may expand Twin River existing video lottery license
|
|
56-28
|
issued, or issue Twin River a new casino gaming license, to permit casino gaming to the extent
|
|
56-29
|
authorized by this act.
|
|
56-30
|
(e) Subject to subsection (a) above, all rules and regulations shall be promulgated by the
|
|
56-31
|
state, through the division of state lottery and the department of business regulation, in
|
|
56-32
|
accordance with the authority conferred upon the general assembly pursuant to Article VI,
|
|
56-33
|
Section 15 of the Rhode Island Constitution. In accord therewith, subject to subsection (a) above,
|
|
56-34
|
the state, through the division of state lottery and/or the department of business regulation, shall
|
|
57-1
|
have authority to issue such regulations as it deems appropriate pertaining to control, operation
|
|
57-2
|
and management of casino gaming as specifically set forth in subsections (b) and (c) herein.
|
|
57-3
|
(f) The Rhode Island state police through its gaming enforcement unit shall have the
|
|
57-4
|
authority to monitor and investigate criminal violations related to casino gaming activities
|
|
57-5
|
consistent with chapter 42-61.3
|
|
57-6
|
SECTION 5. This act shall take effect upon passage.
|
|
|
|
|
|
=======
|
|
|
LC02729
|
|
|
========
|
|
|
|
|
|
EXPLANATION
|
|
|
BY THE LEGISLATIVE COUNCIL
|
|
|
OF
|
|
|
A N A C T
|
|
|
RELATING TO SPORTS, RACING, AND ATHLETICS -- CASINO GAMING
|
|
|
***
|
|
|
|
|
58-1
|
This act would authorize the Rhode Island state police through its gaming enforcement
|
|
58-2
|
unit to monitor and investigate all criminal activity associated with casino gaming. This act
|
|
58-3
|
would also create various criminal offenses related to casino gaming, and would repeal the Rhode
|
|
58-4
|
Island Gaming Control and Revenue Act.
|
|
58-5
|
This act would take effect upon passage.
|
|
|
|
|
|
=======
|
|
|
LC02729
|
|
|
=======
|