Season Tickets, Complimentary Tickets and Fee-Free Passes

PURPOSE: This rule establishes procedures to account for season tickets, complimentary tickets and fee-free passes. (1) If tickets are issued which are good for more than one (1) excursion, the admission fee is paid to the commission for each person using the ticket on each excursion for which the ticket is used. (2) In the event free or complimentary admission tickets are issued, the licensee shall pay to the commission, the admission fee upon the tickets as if they were sold at the regular admissions rate; except, however, that the licensee may issue fee-free passes to actual and necessary officials and employees of the licensee or other persons actually working on the excursion gambling boat. (A) For purposes of this section, “actual and necessary officials and employees of the licensee” shall mean officers and directors of the licensee, regular full-time employees of the licensee and other persons hired by the licensee on a special or part-time basis, any of whom must be present on the excursions gambling boat for the express purpose of performing services for the licensee in connection with the normal and ordinary course of its gambling operations. (B) For purposes of this section “other persons actually working on the excursion gambling boat” shall mean persons who are not the employees of the licensee but whose presence on the excursion gambling boat is otherwise for the express purpose of performing services for the licensee or any vendors conducting business, in connection with the normal and ordinary course of its gambling operations. (3) All persons embarking on an excursion gambling boat shall enter with a ticket of admission, except those persons entitled to enter upon issuance of a fee-free pass. (4) All entries onto and exits from the excursion gambling boat shall be through a turn- stile or similar device capable of automatic and accurate recording of the number of persons entering and exiting the boat for each excursion. (5) The location of entry for all ticket holders shall be separate from the location of entry for persons entitled to a fee-free pass. (6) Calculation of the admission fee due by the licensee shall be made upon the record of ticket entries onto the excursion gambling boat or the number of persons recorded by the turnstile reading as being in the gaming area, whichever is higher. (A) At the conclusion of the excursion, the licensee shall take a reading of the exit turnstile. The licensee shall record a reading of the entry turnstile upon the conclusion of the time for entry for each excursion. (7) The licensee shall be responsible to keep and maintain a record of ticket entries onto the boat on a daily basis. This record shall be available for inspection by the commission at all times, and may be requested by the commission in its discretion. The actual record should be attached to the licensee’s return when filed with the commission. (8) The licensee shall otherwise maintain a list of all persons entitled to a fee-free pass, and to whom such a pass is actually issued on a daily basis. This list shall specify the relationship of the person to the licensee, the duration of the pass and the basis upon which it is issued. (A) The commission may review this list, and request from the licensee a written explanation regarding the basis for the issuance of a fee-free pass to any person whose name appears on the list. If, in the discretion of the commission, this explanation is unsatisfactory or the commission otherwise finds that the pass was improperly issued, the commission may assess the fee for each day the pass was improperly used, assess penalties or take any other appropriate remedial action. (B) No person shall be issued more than one (1) fee-free pass per day and no pass may be issued for more than the length of time necessary for the person to conduct the services authorizing its use. No person to whom a fee-free pass is issued may wager on the excursion gambling boat. (9) It shall be the licensee’s responsibility to establish an internal system of control to comply with this rule. AUTHORITY: sections 313.004, 313.805, and 313.820, RSMo 1994.* Emergency rule filed Sept. 1, 1993, effective Sept. 20, 1993, expired Jan. 17, 1994. Emergency rule filed Jan. 5, 1994, effective Jan. 18, 1994, expired Jan. 30, 1994. Original rule filed Sept. 1, 1993, effective Jan. 31, 1994. Amended: Filed Dec. 17, 1996, effective July 30, 1997. Amended: Filed Nov. 10, 1997, effective June 30, 1998. *Original authority: 313.004, RSMo 1993, amended 1994; 313.805, RSMo 1991, amended 1993, 1994; and 313.820, RSMo 1991, amended 1993.