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