Disassociated Persons List Created—Right to Remove From Premises

PURPOSE: This rule establishes a List of Disassociated Persons which consists of those persons who have voluntarily declared that they will no longer visit excursion gambling boats in Missouri because they are problem gamblers. (1) There is hereby created a “List of Disassociated Persons” (List) which shall consist of those persons who have complied with the applicable provisions of 11 CSR 45-17 and have been placed on such List by the director. The List is established for the purpose of allowing problem gamblers to formally notify the commission that they no longer intend to visit excursion gambling boats in Missouri. The request to be placed on the List shall be made only by the individual seeking to be placed on the List. Each person seeking placement on the List acknowledges that it is his/her responsibility to refrain from visiting excursion gambling boats in Missouri and that by being placed on the List s/he shall have a criminal complaint filed against him/her for trespassing if s/he is discovered on an excursion gambling boat by the commission or any Class B licensee. (2) Any Class B licensee or its agent or employee that identifies a person present on an excursion gambling boat and has knowledge that such person is included on the List shall immediately notify or cause to notify the commission and a Class B licensee’s security officer on duty. Once it is confirmed that the person is on the List, the Class B licensee shall— (A) Notify the commission agent on duty of the presence of a Disassociated Person on the excursion gambling boat; (B) Refrain from paying out any jackpots or winnings to patrons on the List; and (C) Cooperate with the commission agent in reporting the incident to the proper prosecuting authority and request charges be filed under section 313.813 or 569.140, RSMo, for criminal trespassing, a class B misdemeanor. (3) A Class B licensee or its agent(s) or employee(s) may be disciplined by the commission if— (A) It can be shown by a preponderance of the evidence that the Class B licensee or its employee(s) or agent(s) knew a person on the List was present on the excursion gambling boat and, despite such knowledge, failed to follow the procedures required by this rule; or (B) The Class B licensee or its employee(s) or agent(s) failed to follow its procedures for complying with the provisions of 11 CSR 4517 et seq. (4) All Class B licensees shall have thirty (30) days from the effective date of this rule to submit internal controls that are subject to approval by the commission which set forth the following: (A) The licensee’s plan for removing those persons on the List from mailing lists advertising its Missouri operation, such as marketing offers, slot club programs, VIP member programs, telemarketing programs, and other such marketing promotions, however this rule shall not be construed to prohibit mass mailings to “Resident”; and (B) The licensee’s plan for denying access by persons on the List to— 1. Check cashing privileges, cash advances, credit/debit card transactions, and wire transfers; 2. Special club programs such as slot clubs and VIP cards; 3. The issuance of credit, if applicable; and 4. Gaming privileges, tournaments, promotions, and payment of taxable winnings or prizes. (5) After an individual’s application for placement on the List has been processed by the commission staff and the individual’s name is added to the List, that individual shall remain on the List until such time as the requirements for removal from the List as described in 11 CSR 45-17.060 have been met. AUTHORITY: sections 313.004, 313.805, 313.813, and 313.832, RSMo 2016.* Original rule filed April 18, 1996, effective Dec. 30, 1996. Emergency amendment filed Aug. 28, 1998, effective Sept. 7, 1998, expired March 5, 1999. Amended: Filed Aug. 28, 1998, effective March 30, 1999. Amended: Filed Aug. 25, 2011, effective March 30, 2012. Amended: Filed March 1, 2018, effective Oct. 30, 2018. *Original authority: 313.004, RSMo 1993, amended 1994, 2014; 313.805, RSMo 1991, amended 1993, 1994, 2000, 2008, 2010; 313.813, RSMo 2000; and 313.832, RSMo 1991.