License Criteria

PURPOSE: This rule will establish license criteria. (1) The commission may issue a Class A or Class B license or both if it determines on the basis of all the facts before it that the applicant meets the criteria contained in Chapter 313, RSMo. (2) In making the required determinations, the commission may consider the following factors and indices, among others: (A) The integrity of the applicant and any personnel employed to have duties and responsibilities for the operation of gaming. This determination shall include consideration of— 1. Any criminal record including any federal, state, county, city violations to include ordinance violation(s) of any individual; 2. The involvement in litigation over business practices by the applicant or any individuals or entities employed by the applicant; 3. The involvement in proceedings in which unfair labor practices, discrimination or regulation of gambling was an issue; and 4. Failure to satisfy any judgments, orders or decrees of any court; (B) The types and variety of games which the applicant may offer; (C) The quality of the physical facility together with improvements and equipment; (D) The imminence of completion of the facility or any of its improvements; (E) Financial ability to develop and operate a facility successfully, including: 1. Ownership and control structure; 2. Amounts and reliability of development costs; 3. Certainty of site acquisition or lease; 4. Current financial conditions; 5. Sources of equity and debt funds, amounts, terms and conditions and certainty of commitment; 6. Provisions for cost overruns, nonreceipt of expected equity or debt funds, failure to achieve projected revenues or other financial adversity; and 7. Feasibility of financial plan; (F) The status of governmental actions required by the applicant’s facility including: 1. Necessary road improvements; 2. Necessary public utility improvements; 3. Required governmental approvals for development, ownership and operation; and 4. Acceptance of any required environmental assessment and preparation of any required environmental impact statement; (G) Management ability of the applicant including: 1. Qualifications of managers, consultants and other contractors to develop and own a gaming facility and the likelihood of projected operation; 2. Security plan; 3. Plans for marketing, promotion and advertising; 4. Concession plan; 5. Plan for training personnel; and 6. Equal employment and affirmative action plan; (H) Compliance with applicable statutes, rules, charters and ordinances; (I) The impact of the facility including: 1. The economic impact— A. The employment created; B. The purchases of goods and services, including Missouri goods and services; C. Public and private investment; and D. Taxes generated; 2. Ecological impact; 3. Social impact; and 4. Cost of public improvements; (J) The extent of any public support or opposition; (K) The plan adopted by the home dock city or county; and (L) Effects on competition, including: 1. Number, nature and relative location of other Class A licensees; and 2. Number, nature and relative location of gaming facilities in other states. (3) The commission may also consider any other information which the applicant discloses and which is relevant or helpful to a proper determination by commission and any information disclosed during the background investigation. AUTHORITY: sections 313.004 and 313.805, RSMo 2000.* 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 May 13, 1998, effective Oct. 30, 1998. Amended: Filed Dec. 3, 2007, effective May 30, 2008. *Original authority: 313.004, RSMo 1993, amended 1994 and 313.805, RSMo 1991, amended 1993, 1994, 2000.