Gaming Site Approval

Gaming Site Approval. The Commission has the authority to determine the legality and suitability of gaming sites, and a finding of suitability of a gaming site constitutes the Commission’s finding that the location is both suitable for gaming and complies with applicable gaming laws and regulations. Gaming site approval is a revocable privilege, and no holder acquires any vested right therein. The Commission has final authority in reviewing and approving each site as it pertains to meeting the requirements of this regulation. When requesting approval the applicant must provide the following information, together with evidence satisfactory to the Commission in support thereof: (a) A survey and supporting conveyances indicating the specific location of the property and the location where gaming would be conducted on the property. 1. For an inland site approval located in the three (3) most southern counties in Mississippi, the survey: i. Must be performed by a qualified surveyor of tidal surveys and establish the nineteen (19) year mean high water line; ii. Must establish that no gaming activities will be conducted more than eight hundred (800) feet from the mean high water line, or, if in Harrison County, no farther north than the southern boundary of Highway 90, whichever is greater, as provided in Miss. Code Ann. § 97-33-1(b)(ii); iii. Must establish that the applicant owns and/or leases the parcel(s) that will contain the gaming structure and the parcel(s) that contain or border the relevant mean high water line; in the case of multiple parcels, the survey must establish that all parcels are contiguous but for easements and rights-of-way for public streets and highways (which shall not be counted in the 800 foot distance calculation) as provided in Miss. Code Ann. § 97-33-1(b)(iii); (b) The current use of any adjacent property as well as the location of the nearest residential area, church and school. (c) Certification from the appropriate governing authorities that all applicable zoning ordinances allow gaming at the proposed site.