Unsuitable Locations

Unsuitable Locations. The Executive Director may recommend that an application for a license be denied if the Executive Director believes that the place or location for which the license is sought is unsuitable for the conduct of gaming operations. The Commission may deny an application for a state gaming license if it deems that the place or location for which the license is sought is unsuitable for the conduct of gaming operations. Without limiting the generality of the foregoing, the following places or locations may be deemed unsuitable: (a) Premises located within the immediate vicinity of residential areas, churches, schools and children's public playgrounds. (b) Premises where gaming is contrary to any county or city, ordinance, including, but not limited to, zoning ordinances restricting the permissible locations for gaming facilities, so long as such ordinances do not have the effect of absolutely excluding or prohibiting legal gaming; (c) Premises which fail to meet federal, state or local health and safety standards, and any other applicable laws or regulations including, but not limited to Coast Guard regulations. (d) Premises frequented by minors. The Executive Director may recommend and the Commission may determine that premises frequented by minors are nevertheless suitable if the applicant demonstrates that it has taken sufficient precautions to separate areas of the premises frequented by minors from the gaming operation. (e) Premises lacking adequate supervision or surveillance. (f) Premises difficult to police, or where adequate fire protection may be difficult. (g) Any other premises where the conduct of gaming would be inconsistent with the public policy of the State of Mississippi. (h) The Legislature has declared certain public policy relating to gaming. In response to these directives, the Mississippi Gaming Commission has adopted certain rules as guidelines to adhere to this policy. (i) The Commission, in conformity with this policy and guidelines in its rules and regulations when determining suitability of a site in which primary access is from a foreign jurisdiction, finds that: 1. Access to any site on the west side of Mississippi River would require primary access from a foreign jurisdiction; 2. Revenues from tourism and ancillary business would by necessity adhere to jurisdictions other than Mississippi; 3. The population of the area served would be substantially non-Mississippi; 4. It would not maximize economic development of Mississippi; 5. Is not beneficial to Mississippi tourism; 6. Employment opportunities would serve other than Mississippians; 7. Shore developments would substantially be on foreign jurisdictions; 8. Fire and police protection would fall on the shoulders of the foreign jurisdiction due to the inaccessibility of the site. There would be an undue burden on the Commission to strictly regulate as dictated by the Legislature. 9. Any establishment that must be accessed by agents traveling through foreign jurisdictions, frequently, if not daily, puts an unacceptable burden on that agent as well as the State. The lost time through travel is a highly inefficient use of state assets and additionally requires the agent to abandon on a daily basis the protection afforded to him by the state and submit to the laws of the foreign jurisdiction. The Mississippi Gaming Commission therefore declares it to be the policy of the Commission that any location that requires primary access from foreign jurisdictions to be unsuitable for a gaming establishment. (Adopted: 09/25/1991; Amended: 10/13/1994.)