Missouri Gaming Commission Chapter 5—Conduct of Gaming

Rules of Department of Public Safety Division 45—Missouri Gaming Commission Chapter 5—Conduct of Gaming

Title Page

11 CSR 45-5.010 Presumption of the Right of Patrons to Participate in Gambling Games...... 3 11 CSR 45-5.020 Posting of Address of Commission ...... 3 11 CSR 45-5.030 Participation in Gambling Games by a Holder of a Class A or Supplier License, and the Directors, Officers, Key Persons or Employees of Such Licensees...... 3 11 CSR 45-5.050 Authorized Games ...... 3 11 CSR 45-5.051 Minimum Standards for Twenty-One (Blackjack)...... 3 11 CSR 45-5.053 Policies ...... 4 11 CSR 45-5.056 Ethical Restrictions...... 5 11 CSR 45-5.060 Publication of Rules and Payoff Schedules for All Permitted Games...... 6 11 CSR 45-5.065 Patrons Unlawfully on Excursion Gambling Boat— Not Eligible for Gambling Game Winnings...... 7 11 CSR 45-5.070 Payout Percentage for Electronic Gaming Devices...... 7 11 CSR 45-5.075 Payout Percentage for Progressive Table Games ...... 7 11 CSR 45-5.080 Authorized Suppliers ...... 7 11 CSR 45-5.090 Submission of Chips for Review and Approval...... 7 11 CSR 45-5.100 Chip Specifications...... 8 11 CSR 45-5.110 Primary, Secondary and Reserve Sets of Gaming Chips...... 9 11 CSR 45-5.120 Issuance and Use of Tokens for Gaming in Electronic Gaming Devices...... 9 11 CSR 45-5.130 Exchange of Chips and Tokens...... 9 11 CSR 45-5.140 Receipt of Gaming Chips or Tokens from Manufacturer ...... 10 11 CSR 45-5.150 Inventory of Chips and Tokens ...... 10 11 CSR 45-5.160 Destruction of Chips and Tokens ...... 10

ROBIN CARNAHAN (2/28/07) CODE OF STATE REGULATIONS 1 Secretary of State 11 CSR 45-5.170 Destruction of Counterfeit Chips and Tokens ...... 11 11 CSR 45-5.180 Tournament Chips and Tournaments...... 11 11 CSR 45-5.181 Promotional Activities...... 12 11 CSR 45-5.183 Cards—Specifications ...... 13 11 CSR 45-5.184 Cards—Receipt, Storage, Inspections, and Removal from Use...... 13 11 CSR 45-5.190 Minimum Standards for Electronic Gaming Devices ...... 15 11 CSR 45-5.200 Progressive Slot Machines...... 16 11 CSR 45-5.210 Integrity of Electronic Gaming Devices...... 19 11 CSR 45-5.220 Computer Monitoring Requirements of Electronic Gaming Devices...... 21 11 CSR 45-5.230 Certification and Registration of Electronic Gaming Devices ...... 22 11 CSR 45-5.235 Analysis of Questioned Electronic Gaming Devices ...... 22 11 CSR 45-5.237 Shipping of Electronic Gaming Devices, Gaming Equipment or Supplies...... 22 11 CSR 45-5.240 Periodic Payments...... 23 11 CSR 45-5.250 Finder’s Fees...... 23 11 CSR 45-5.260 Dice Specifications...... 24 11 CSR 45-5.265 Dice—Receipt, Storage, Inspections and Removal from Use ...... 24 11 CSR 45-5.270 Safety Standards for Electronic Gaming Devices...... 26 11 CSR 45-5.280 Forfeiture of Illegal Winnings...... 27 11 CSR 45-5.290 Bingo Games...... 27

2 CODE OF STATE REGULATIONS (2/28/07) ROBIN CARNAHAN Secretary of State Chapter 5—Conduct of Gaming 11 CSR 45-5

Title 11—DEPARTMENT OF 11 CSR 45-5.030 Participation in Gam- effective Jan. 18, 1994, expired Jan. 30, PUBLIC SAFETY bling Games by a Holder of a Class A or 1994. Original rule filed Sept. 1, 1993, effec- Supplier License, and the Directors, Offi- tive Jan. 31, 1994. Amended: Filed June 2, Division 45—Missouri Gaming cers, Key Persons or Employees of Such 1995, effective Dec. 30, 1995. Amended: Commission Licensees Filed June 25, 1996, effective Feb. 28, 1997. Chapter 5—Conduct of Gaming Amended: Filed Feb. 19, 1998, effective Aug. PURPOSE: This rule establishes standards 30, 1998. Amended: Filed May 13, 1998, 11 CSR 45-5.010 Presumption of the Right for participation in games for certain people. effective Oct. 30, 1998. of Patrons to Participate in Gambling Games (1) No holder of a Class A license or any *Original authority: 313.004, RSMo 1993, amended 1994; director, officer, key person or any other 313.805, RSMo 1991, amended 1993, 1994; and 313.807, RSMo 1991, amended 1993, 1994. PURPOSE: This rule establishes the general employee of any licensed riverboat gaming right of a patron to participate in gambling operation shall play or be permitted to play games unless such patron engages in unlaw- any gambling game in the establishment 11 CSR 45-5.051 Minimum Standards for where the person is so licensed or employed. ful or disruptive conduct. Twenty-One (Blackjack) (2) No holder of a supplier’s license or any PURPOSE: This rule establishes a set of min- (1) Unless otherwise authorized by sections director, officer, key person or any other imum standards for the game of Twenty-One 313.800, RSMo et seq., as amended from employee of a supplier licensee shall play or (Blackjack). time-to-time, and 11 CSR 45-1 et seq., as be permitted to play on an excursion gam- amended from time-to-time (collectively, the bling boat any gambling game which the sup- (1) The following words and terms, when “Riverboat Gambling Act and Regulations”), plier licensee provides under the authority of used in this rule, shall have the following no licensee may deny a patron the right to the license. meanings unless the context clearly indicates play a table game that involves playing cards otherwise. AUTHORITY: sections 313.004, 313.805 and (A) “Bart Carter Shuffle” means the shuf- and which is offered to the general public. A 313.807, RSMo 2000.* Emergency rule filed patron may be denied such right if the patron fling procedure whereby approximately one Sept. 1, 1993, effective Sept. 20, 1993, deck of cards is shuffled after being dealt, engages in unlawful or disruptive conduct. expired Jan. 17, 1994. Emergency rule filed segregated into separate stacks and each stack The licensee shall notify a commission agent Jan. 5, 1994, effective Jan. 18, 1994, expired is inserted into pre-marked locations within prior to removing such patron. Jan. 30, 1994. Original rule filed Sept. 1, the remaining decks contained in the dealing 1993, effective Jan. 31, 1994. Amended: shoe. AUTHORITY: sections 313.004 and 313.805, Filed May 13, 1998, effective Oct. 30, 1998. (B) “Determinant card” means the first RSMo 1994.* Original rule filed Dec. 17, Amended: Filed Feb. 26, 2001, effective Sept. card drawn for each round of play to deter- 30, 2001. 1999, effective Aug. 30, 2000. mine from which side of the two (2)-compartment dealing shoe the cards for that hand *Original authority: 313.004, RSMo 1993, amended 1994; *Original authority: 313.004, RSMo 1993, amended 1994; 313.805, RSMo 1991, amended 1993, 1994, 2000; and shall be dealt. 313.805, RSMo 1991, amended 1992, 1993, 1994. 313.807, RSMo 1991, amended 1993, 2000. (C) “Double shoe” means a dealing shoe that has two (2) adjacent compartments in which cards are stacked separately and which 11 CSR 45-5.020 Posting of Address of 11 CSR 45-5.050 Authorized Games permits cards to be dealt from only one (1) Commission compartment at any given time. PURPOSE: This rule establishes the list of authorized games. (2) A person who, without the assistance of PURPOSE: This rule requires the posting of another person or without the use of a physi- the commission’s address. (1) No holder of a Class A license shall per- cal aid or device of any kind, uses the ability mit any game to be played other than those to keep track of the value of cards played in (1) Each licensed gaming establishment shall approved by the commission. For each game, Twenty-One (Blackjack) and uses predictions conspicuously post on the premises the the holder of a Class A license shall provide formed as a result of the tracking information address of the commission in a manner pre- a set of game rules to the commission one in his/her playing and betting strategy shall scribed by the commission. hundred twenty (120) days in advance of the not be considered to be cheating. game’s operation or within a time period as AUTHORITY: sections 313.004 and 313.805, the commission may designate and these (3) A Class A licensee may implement any of games must be approved by the commission. the following options at a Twenty-One RSMo Supp. 1993.* Emergency rule filed Changes in permissible rules must be submit- (Blackjack) table provided that the casino Sept. 1, 1993, effective Sept. 20, 1993, ted in writing and approved by the commis- licensee complies with the notice require- expired Jan. 17, 1994. Emergency rule filed sion prior to implementation. ments contained in 11 CSR 45-5.060: Jan. 5, 1994, effective Jan. 18, 1994, expired (A) Persons who have not made a wager on Jan. 30, 1994. Original rule filed Sept. 1, AUTHORITY: sections 313.004 and 313.805, the first round of play may not enter the game 1993, effective Jan. 31, 1994. RSMo 1994 and 313.807, RSMo Supp. on a subsequent round of play until a reshuf- 1997.* Emergency rule filed Sept. 1, 1993, fle of the cards has occurred; *Original authority: 313.004, RSMo 1993 and 313.805, effective Sept. 20, 1993, expired Jan. 17, (B) Persons who have not made a wager on RSMo 1991, amended 1993. 1994. Emergency rule filed Jan. 5, 1994, the first round of play may be permitted to

MATT BLUNT (8/31/01) CODE OF STATE REGULATIONS 3 Secretary of State 11 CSR 45-5—PUBLIC SAFETY Division 45—Missouri Gaming Commission

enter the game, but may be limited to wager- cut the cards, as determined by the Class A reputation or who have felony police records, ing only the minimum limit posted at the licensee’s internal controls. or the employing either directly through a table until a reshuffle of the cards has contract or other means, of any firm or indi- occurred; AUTHORITY: sections 313.004 and 313.805, vidual in any capacity where the repute of the (C) Persons who, after making a wager on RSMo 1994.* Original rule filed Dec. 17, state of Missouri or the gaming industry is a given round of play, decline to wager on any 1999, effective Aug. 30, 2000. liable to be damaged because of the unsuit- subsequent round of play may be precluded ability of the firm or the individual; from placing any further wagers until a *Original authority: 313.004, RSMo 1993, amended 1994; (F) Permitting to remain in, or upon any 313.805, RSMo 1991, amended 1992, 1993, 1994. reshuffle of the cards has occurred; licensed premises, any associated gambling (D) Persons who, after making a wager on equipment (primarily, but not limited to, a given round of play, decline to wager on any 11 CSR 45-5.053 Policies cards or dice), which may have in any man- subsequent round of play may be permitted to ner been marked, tampered with or otherwise place further wagers, but may be limited to PURPOSE: The commission proposes to placed in a condition or operated in a manner wagering only the minimum limit posted at divide existing rule 11 CSR 45-5.050 Autho- which might affect the game and its payouts; the table until a reshuffle of the cards has rized Games and Policies into separate rules (G) Permitting, if the Class A licensee was occurred; and for Authorized Games, 11 CSR 45-5.050 and aware or should have been aware of, any (E) Use a double shoe with a determinate Policies, 11 CSR 45-5.053. cheating whatsoever; card that selects which shoe to deal from dur- (H) Permitting to remain in or upon any ing a particular hand. (1) A holder of a Class A license shall com- licensed premises, any cheating device what- ply with all federal regulations and require- soever; or conducting, carrying on, operating (4) If a Class A licensee implements any of ments for the withholding of taxes from win- or dealing any cheating or thieving game or the options in section (3) of this rule, the nings and the filing of currency transaction device on the premises; option shall be uniformly applied to all per- reports. (I) Permitting to remain in or upon any sons at the table; provided, however that if a licensed premises, if the Class A licensee was Class A licensee has implemented either of (2) It is the policy of the commission to aware, or should have been aware of, any the options in subsection (3)(C) or (D) of this require that all riverboats and gaming con- gambling device which tends to alter the nor- rule, an exception may be made for a patron ducted on riverboats be operated in a manner mal random selection of criteria which deter- who temporarily leaves the table if, at the suitable to protect the public health, safety, mines the results of the game or deceives the time the patron leaves, the Class A licensee morals, good order and general welfare of public in any way; agrees to reserve the patron’s spot until his or Missouri. Responsibility for the employment (J) Failing to conduct gaming operations in her return. and maintenance of suitable methods of oper- accordance with proper standards of custom, ation rests with the holder of a operator’s decorum and decency; or to permit any type (5) Immediately prior to the commencement license and willful or persistent use or toler- of conduct on the riverboat which reflects of play and after any shuffle of the cards, the ation of methods of operation deemed unsuit- negatively on the repute of the state of Mis- dealer shall require that the cards be cut in a able will constitute grounds for disciplinary souri or acts as a detriment to the gaming manner set forth in the Class A licensee’s action, up to and including license revoca- industry; internal controls as approved by the commis- tion. (K) Denying a commissioner or commission. Such internal controls shall be subject sion agent, access to, for inspection purpos- to the following conditions: (3) The holder of a Class A license is es, any portion or aspect of the riverboat or (A) If the “Bart Carter Shuffle” is utilized expressly prohibited from the following activ- attendant shore facilities; and the cards in the discard rack exceed ities: (L) Denying a commissioner or commis- approximately one (1) deck in number, the (A) Failing to exercise discretion and good sion agent, information concerning any dealer shall continue dealing the cards until judgment to prevent incidents which might aspect of the riverboat operation; that round of play is completed after which he reflect on the repute of the state of Missouri (M) Failing to report to the commission shall remove the cards from the discard rack and act as a detriment to the development of known or suspected violations of commission and shuffle those cards so that they are ran- the industry, including allowing lewd enter- rules and applicable law; and domly intermixed. After the cards taken from tainment on a boat; (N) Lending to any person money or any the discard rack are shuffled, they shall be (B) Permitting persons who are visibly other thing of value for the purpose of per- split into three (3) separate stacks and each intoxicated to participate in gaming activity; mitting that person to wager on any autho- stack shall be inserted into pre-marked loca- (C) Failing to conduct advertising and pub- rized gambling game. Any licensee who vio- tions within the remaining decks contained in lic relations activities in accordance with lates 11 CSR 45-5.053(3)(N) shall be subject the dealing shoe. decency, dignity, good taste and honest and to an administrative penalty of five thousand fair representation; dollars ($5,000) for each violation. (6) After the cards have been cut and before (D) Failing to comply with or make provi- any cards have been dealt, a floor supervisor sion for compliance with all federal, state and (4) No person shall use, or possess with the may require the cards to be recut if he or she local laws and regulations pertaining to the intent to use, any calculator, computer or determines that the cut was performed operation of a license, including paying other electronic, electrical or mechanical improperly or in any way that might affect the license fees, withholding payroll taxes and device at any table game that— integrity or fairness of the game. If a recut is violating alcoholic beverage laws or rules; (A) Assists in projecting the outcome of a required, the cards shall be recut, at the Class (E) Catering to, assisting, employing or game; A licensee’s option, by the player who last associating with, either socially or in busi- (B) Keeps track of cards that have been cut the cards, or by the next person entitled to ness affairs, persons of notorious or unsavory dealt;

4 CODE OF STATE REGULATIONS (8/31/01) MATT BLUNT Secretary of State Chapter 5—Conduct of Gaming 11 CSR 45-5

(C) Keeps track of changing probabilities; entity to exercise such authority; or c) hold consideration that is derived from or contin- or the power to assign such personnel to exercise gent upon consideration paid to the entity for (D) Keeps track of playing strategies being such authority; and the services provided, in which case the con- utilized, except as permitted by the commis- 4. Entering into any contract or agree- trolling person is “employed”; sion. ment between the governmental entity and a (H) “Ex parte communication” shall be holder of or applicant for a Class A or sup- defined as direct or indirect communication (5) The holder of a Class A license will plier’s license; by any holder of or applicant for a Class A or insure that a person’s maximum loss will be (C) “Commission representative” shall be supplier’s license, or any representative or no more than five hundred dollars ($500) defined as any member, employee or agent of agent of such license holder or applicant, during each gambling excursion. the commission or any employee of the state with any commission member regarding any highway patrol designated by the superinten- matters under the jurisdiction of the commis- (6) Wagers may only be made— dent of the highway patrol to have direct reg- sion related to the respective holder of or (A) By a person present on a licensed gam- ulatory authority related to excursion gam- applicant for a Class A or supplier’s license, bling boat; bling boats or any employee of the state unless such communications take place dur- (B) By persons twenty-one (21) years of attorney general’s office designated by the ing an official commission or commission age or older; and (C) At the times allowed by the commis- state attorney general to have direct regulato- committee meeting, or, if written, are provid- sion. ry authority related to excursion gambling ed to all other commission members within boats; five (5) days of the initial communication and AUTHORITY: sections 313.004, 313.805, (D) “Direct gaming activity” shall be prior to any commission action on the matter. RSMo 1994 and 313.807, RSMo Supp. defined as the management of a casino, the The following shall not be defined as ex parte 1999.* Original rule filed Feb. 19, 1998, operation of gambling games, the receipt of communication: effective Aug. 30, 1998. Amended: Filed May wagers as part of such games, the payment of 1. Any written communication 13, 1998, effective Jan. 30, 1999. Amended: winnings to wagerers involved in such games, addressed and sent to all commission mem- Filed March 1, 2000, effective Sept. 30, and the providing of gaming equipment or bers; 2000. supplies; 2. Any communication taking place at (E) “Direct ownership interest” shall be a meeting of a governmental entity subject to *Original authority: 313.004, RSMo 1993, amended 1994; defined as any financial interest, equitable the Missouri Open Meetings Act, including, 313.805, RSMo 1991, amended 1993, 1994; and 313.807, RSMo 1991, amended 1993. interest, beneficial interest, or ownership but not limited to, meetings of the commis- control held by the government official, or sion or any committee of the commission; such person’s family member related within 3. Any communication with employ- 11 CSR 45-5.056 Ethical Restrictions the second degree of consanguinity or affini- ees or agents of the commission who are not ty, in an excursion gambling boat operation; commission members, including any such PURPOSE: This rule establishes ethical in any holder of or applicant for a Class A or communication that may also involve a com- restrictions for gambling licensees. supplier’s license; or in any holding company mission member as a participant, provided or affiliate company of a holder of or appli- that, if a commission member does partici- (1) For purposes of this 11 CSR 45-5.056— cant for a Class A or supplier’s license; pro- pate in such communication, this exemption (A) “Affiliate” shall be defined as any enti- vided that a direct ownership interest shall shall apply only if the holder of or applicant ty with a parent company that is a holder of not include any equity interest purchased at for a Class A or supplier’s license or applicant for a Class A or supplier’s fair market value, or equity interest received summarizes, reduces to writing and dis- license, or any entity that shares a common as consideration for goods and services pro- tributes such writing to all commission mem- parent company with a holder of or applicant vided at fair market value, of less than one bers within five (5) days of the communica- for a Class A or supplier’s license; percent (1%) of the total outstanding shares tion and prior to any commission action on (B) “Appointed official” shall be defined of stock of any publicly traded corporation or the matter; and as any employee or agent of a governmental certificates of partnership of any limited part- 4. Any communication between a entity who holds a position with discretionary nership which is listed on a regulated stock commission member and a government offi- authority to take or vote on the following exchange or automated quotation system; cial; actions: (F) “Direct regulatory authority” shall be (I) “Government official” shall be defined 1. Promulgation of ordinances, rules or defined as any role in the enforcement of the as any of the following: regulations with the effect of law that are Riverboat Gambling Act and the regulations 1. A commission representative; applicable to the operations of a holder of or promulgated thereunder; 2. A member of the General Assem- applicant for a Class A or supplier’s license; (G) “Employ” shall be defined as any of bly; or 2. Granting of governmental approvals, the following: 3. An elected official or an appointed licenses or certifications to a holder of or 1. Hiring a person as an employee; official of the state of Missouri or of any Mis- applicant for a Class A or supplier’s license; 2. Engaging the services of a person souri city or county in which the licensing of 3. Enforcement of statutes or of ordi- with knowledge or reason to believe that the excursion gambling boats has been approved nances, rules or regulations with the effect of person’s employer provides consideration to in either the city or county or both; law against a holder of or applicant for a the person that is derived from or contingent (J) “Parent company” shall be defined as a Class A or supplier’s license or at a riverboat upon consideration paid to that employer for holding company defined in 11 CSR 45- gaming operation; provided that, in the case the services provided; or 10.040(7)(B) or as any other entity which, of law enforcement personnel, such person 3. Engaging the services of an entity directly or indirectly through one or more must a) actually exercise such authority; b) controlled by a person with knowledge or rea- intermediaries, possesses the power to direct be specifically assigned by the governmental son to believe that the person will receive or cause the direction of the management and

MATT BLUNT (8/31/01) CODE OF STATE REGULATIONS 5 Secretary of State 11 CSR 45-5—PUBLIC SAFETY Division 45—Missouri Gaming Commission

policies of a person, whether through the is a government official at the time of holding (13) No holder of or applicant for a Class A ownership of voting shares, by contract or such direct ownership interest or who has or supplier’s license or any representative or otherwise; and been a government official within two (2) agent of such license holder or applicant may (K) “Representative or agent” of a license years prior to holding such direct ownership hire or utilize the services of a commission holder or applicant shall be defined as a key interest; provided that knowledge of a broker representative or a person who has been a person or occupational licensee employee of or transfer agent for a publicly traded license commission representative within the previ- the license holder or applicant or any indi- holder or applicant shall not be imputed to ous two (2) years as a representative or agent vidual who acts as a common law agent on such license holder or applicant for purposes of the holder of or applicant for a Class A or behalf of the license holder or applicant of this 11 CSR 45-5.056(7). supplier’s license. before the commission, such as an attorney, (8) No holder of or applicant for a Class A or accountant or lobbyist. (14) No holder of or applicant for a Class A supplier’s license, or any representative or or supplier’s license may enter into any agent of such license holder or applicant, may (2) No holder of or applicant for a Class A or scheme or arrangement through which one or offer any gift to any commission representa- supplier’s license may have a contractual more of the relationships, transactions or tive or to any peace officer of any city or relationship involving, as a party or agent of county which has approved gambling games activities prohibited by this 11 CSR 45-5.056 a party, a person who is a government official on excursion gambling boats pursuant to sec- is knowingly effected through an affiliate or at the time of the relationship or who has tion 313.812.10, RSMo. parent company of the applicant or license been a government official within (2) two holder in an attempt to circumvent the provi- years prior to the relationship, if such con- (9) No holder of or applicant for a Class A or sions of this 11 CSR 45-5.056. tractual relationship is one in which any supplier’s license, or any representative or aspect of direct gaming activity is included in agent of such license holder or applicant, may (15) Notwithstanding sections 11 CSR 45- the duties or obligations of the government knowingly engage in ex parte communication 5.056(1) through (14), this 11 CSR 45-5.056 official, former government official or the with any commission member. shall not prohibit any applicant or licensee party for which he or she acts as an agent. from— (10) No holder of or applicant for a Class A (A) Allowing any person to engage in legal (3) No holder of or applicant for a Class A or or supplier’s license or any representative or gaming activity as a patron of a casino; supplier’s license, or any representative or agent of such license holder or applicant, may (B) Charging an admission fee to any per- agent of such license holder or applicant, may offer, promise, or give anything of value or son to enter a gaming establishment; or enter into any contractual relationship with benefit to a person who is connected with a (C) Entering into an agreement with the any commission representative in which the Class A licensee including, but not limited commission representative receives consider- state, any political subdivision of the state or to, an officer or employee of a licensee or any other governmental entity that is other- ation that is above fair market value. holder of an occupational license, pursuant to wise legal and that has been disclosed to the an agreement or arrangement or with the commission within ten (10) days of consum- (4) No holder of or applicant for a Class A or intent that the promise or thing of value or mation; including, but not limited to, agree- supplier’s license may employ or offer to benefit will influence the actions of the per- ments for the reimbursement of expenses employ a person, or the spouse or dependent son to whom the offer, promise or gift was child of such a person, who is a government made in order to affect or attempt to affect incurred by a governmental entity for services official at the time of such employment or the outcome of a gambling game, or to influ- of agents or employees of that entity acting in offer, or who has been a government official ence official action of a member of the com- their official capacities. within two (2) years prior to such employ- mission. ment or offer. AUTHORITY: sections 313.800, 313.805, (11) No holder of or applicant for a Class A 313.812 and 313.830, RSMo 1994.* Original (5) No holder of or applicant for a Class A or or supplier’s license or any representative or rule filed Feb. 19, 1998, effective Aug. 30, supplier’s license, or any representative or agent of such license holder or applicant, may 1998. Amended: Filed May 13,1998, effec- agent of such license holder or applicant, may solicit or knowingly accept or receive a tive Jan. 30, 1999. Amended: Filed Nov. 12, attempt to influence any official action of a promise of anything of value or benefit while 1998, effective June 30, 1999. government official by reason of offering to the person is connected with an excursion employ any person; provided that this 11 gambling boat including, but not limited to, *Original authority: 313.800, RSMo 1991, amended 1993, CSR 45-5.056(5) shall not prohibit offering 1994; 313.805, RSMo 1991, 1993, 1994; 313.812, RSMo an officer or employee of a licensee or hold- 1991, amended 1993, 1994, 1995; and 313.830, RSMo employment to any person who has been rec- er of an occupational license, pursuant to an 1991, amended 1993. ommended for employment by a government agreement or arrangement or with the intent official, if the offer of employment is not an that the promise or thing of value or benefit attempt to influence a specific official action will influence the actions of the person to 11 CSR 45-5.060 Publication of Rules and of that government official. affect or attempt to affect the outcome of a Payoff Schedules for All Permitted Games gambling game, or to influence official action (6) No representative or agent of a holder of of a member of the commission. or applicant for a Class A or supplier’s PURPOSE: This rule establishes procedures license, may employ or offer employment to (12) No holder of or applicant for a Class A for publication of rules and payoff schedules any commission representative. or supplier’s license or any representative or for all permitted games. agent of such license holder or applicant may (7) No holder of or applicant for a Class A or solicit, suggest, request or recommend to any (1) A holder of a Class A license shall pro- supplier’s license may knowingly offer a individual or entity the appointment of any vide in printed form, to all patrons who direct ownership interest to or allow a direct commission representative to any office, request one, the rule and accurate payoff ownership interest to be held by a person who place, position or employment. schedules for each game in the area in which

6 CODE OF STATE REGULATIONS (8/31/01) MATT BLUNT Secretary of State Chapter 5—Conduct of Gaming 11 CSR 45-5

the game is played. The license holder(s) tion. If the commission agent determines that Table games that include progressive jackpots shall make payment in strict accordance with the patron fits the criteria set forth in section shall include a progressive meter, visible to the published payoff schedules. Payoff sched- (2) of this rule, he shall order the licensee to the public. No less than seventy percent ules must accurately state actual payoffs return the wager to the patron and deny the (70%) of all progressive wagers made shall applicable to a particular game or device and patron the proceeds of the gambling game be distributed to the player and no more than shall not be worded in a manner so as to mis- payout. The agent shall then escort the patron thirty percent (30%) shall be distributed to lead the public. Maintenance of any mislead- off the excursion gambling boat and shall take the Class A licensee. If any part of the distri- ing or deceptive matter on any payoff sched- enforcement action as deemed appropriate or bution to the progressive jackpot(s) is being ule or failure on the part of a Class A licensee as mandated by law. For accounting purpos- used to fund a secondary jackpot, visible sig- to make payment in strict accordance with the es, the proceeds of the gambling game payout nage informing players of this supplemental published payoff schedules may be deemed an shall be treated as though the wager had not distribution must be placed in the immediate unsuitable method of operation. This form been made. area of the table. The existence of progressive shall be posted in a conspicuous position on jackpots and the distributions to those jack- the boat. AUTHORITY: sections 313.004, 313.805, pots shall be set forth in the “rules of the 313.817 and 313.822, RSMo 2000.* Original game” within a licensee’s internal controls AUTHORITY: sections 313.004 and 313.805 rule filed Dec. 27, 2000, effective July 30, for each game having a progressive jack- RSMo 1994 and 313.807, RSMo Supp. 2001. pot(s). Any table game not meeting this dis- 1997.* Emergency rule filed Sept. 1, 1993, tribution requirement shall be deemed an effective Sept. 20, 1993, expired Jan. 17, *Original authority: 313.004, RSMo 1993, amended 1994; unauthorized gambling game. 313.805, RSMo 1991, amended 1993, 1994, 2000; 1994. Emergency rule filed Jan. 5, 1994, 313.817, RSMo 1991, amended 1993, 2000; 313.822, effective Jan. 18, 1994, expired Jan. 30, RSMo 1991, amended 1993, 2000. AUTHORITY: sections 313.004, 313.805 and 1994. Original rule filed Sept. 1, 1993, effec- 313.807, RSMo 2000.* Original rule filed tive Jan. 31, 1994. Amended: Filed May 13, May 10, 2000, effective Nov. 30, 2000. 1998, effective Oct. 30, 1998. 11 CSR 45-5.070 Payout Percentage for Amended: Filed March 1, 2002, effective Electronic Gaming Devices Sept. 30, 2002. *Original authority: 313.004, RSMo 1993, amended 1994; 313.805, RSMo 1991, amended 1993, 1994; and 313.807, PURPOSE: This rule establishes the payout *Original authority: 313.004, RSMo 1993, amended 1994; RSMo 1991, amended 1993, 1994. 313.805, RSMo 1991, amended 1993, 1994, 2000; percentage for electronic gaming devices. 313.807, RSMo 1991, amended 1992, 1993, 2000. 11 CSR 45-5.065 Patrons Unlawfully on (1) A holder of a Class A license shall by the Excursion Gambling Boat—Not Eligible tenth day of each calendar month display at 11 CSR 45-5.080 Authorized Suppliers for Gambling Game Winnings the patron entrance to the gaming floor and on the front of the main cashier cage the actu- PURPOSE: This rule establishes authorized al aggregate payout percentage to the nearest PURPOSE: This rule establishes a procedure suppliers. for denying a patron that is unlawfully on the one-tenth (0.1%) percent of all the electronic gaming devices in operation during the previ- casino floor from claiming winnings from a (1) Chips, tokens, dice, playing cards and gambling game. ous month. The commission may require that Class A licensees display with the actual electronic gaming devices may only be pur- aggregate payout percentage a reference to chased from a licensed supplier of those (1) As used in this rule, “gambling game pay- items. out” means any money, merchandise or thing the commission Internet website where addi- of value that, according to the rules of the tional information will be made available on payout percentages by denomination. AUTHORITY: sections 313.004, 313.805 and gambling game that have been approved by 313.807, RSMo Supp. 1993.* Emergency rule the commission, is to be paid to a patron AUTHORITY: sections 313.004 and 313.805, filed Sept. 1, 1993, effective Sept. 20, 1993, because of a specific combination(s) of char- RSMo 2000.* Emergency rule filed Sept. 1, expired Jan. 17, 1994. Emergency rule filed acters or symbols on an electronic gaming 1993, effective Sept. 20, 1993, expired Jan. Jan. 5, 1994, effective Jan. 18, 1994, expired device or a specific result in a table game. 17, 1994. Emergency rule filed Jan. 5, 1994, Jan. 30, 1994. Original rule filed Sept. 1, effective Jan. 18, 1994, expired Jan. 30, 1993, effective Jan. 31, 1994. (2) Patrons that are excluded from excursion 1994. Original rule filed Sept. 1, 1993, effec- gambling boats pursuant to 11 CSR 45- tive Jan. 31, 1994. Amended: Filed May 13, *Original authority: 313.004, RSMo 1993 and 313.805 10.115, 11 CSR 45-15 et seq., 11 CSR 45-17 1998, effective Oct. 30, 1998. Amended: and 313.807, RSMo 1991, amended 1993. et seq., patrons who are under twenty-one Filed March 1, 2002, effective Sept. 30, (21) years of age and patrons who are other- 2002. wise illegally on the excursion gambling boat 11 CSR 45-5.090 Submission of Chips for are not eligible to claim gambling game pay- *Original authority: 313.004, RSMo 1993, amended 1994 Review and Approval outs. and 313.805, RSMo 1991, amended 1993, 1994, 2000. PURPOSE: This rule establishes process for (3) If, prior to awarding a gambling game submission of chips for review and approval. payout, a licensee learns that the patron 11 CSR 45-5.075 Payout Percentage for attempting to claim the winnings fits the cri- Progressive Table Games (1) Each holder of a Class A license shall teria in section (2) of this rule, the licensee submit to the commission for approval a sam- shall immediately notify a commission agent. PURPOSE: This rule establishes minimum ple of each denomination of value and nonva- The commission agent shall require the payout percentages for progressive wagers on lue chips in its primary and secondary sets patron to produce positive photo identifica- table games. and shall not utilize these chips for gaming

MATT BLUNT (8/31/02) CODE OF STATE REGULATIONS 7 Secretary of State 11 CSR 45-5—PUBLIC SAFETY Division 45—Missouri Gaming Commission

purposes until approved in writing by the for roulette. Chips with a value contained on (A) Each nonvalue chip utilized by a river- commission. them shall be known as value chips and chips boat shall be issued solely for the purpose of (A) In requesting approval of these chips, a without a value contained on them shall be gaming at roulette. The nonvalue chip(s) at holder of a Class A license prior to having known as nonvalue chips. each roulette table shall— the chips manufactured, shall first submit to (B) Unless otherwise authorized by the 1. Have the name of the riverboat issu- the commission a detailed schematic of its commission, value chips may be issued by ing it molded into its center; proposed chips, and a sample chip, which Class A licensees in denominations of fifty 2. Contain a design, insert or symbol shall show the front, back and edge of each cents, one, two and one-half, five, twenty, differentiating it from the nonvalue chips denomination of value chip and each nonval- twenty-five, one hundred and five hundred being used at every other roulette table in the ue chip and the design and wording to be con- dollars (50¢, $1, $2.50, $5, $20, $25, $100 riverboat; tained on the chip, all of which shall be and $500). The licensees shall have the dis- 3. Have “Roulette” impressed on it; and depicted on the schematic or chip as they will cretion to determine the denominations to be 4. Be designed, manufactured and con- appear, both as to size and location, on the utilized on its riverboat and the amount of structed so as to prevent, to the greatest actual chip. Once the design schematics or each denomination necessary for the conduct extent possible, the counterfeiting of these chip is approved by the commission, no value of gaming operations. chips. or nonvalue chip shall be issued or utilized (C) Each denomination of value chip shall (B) Nonvalue chips issued at a roulette unless and until a sample of each denomina- have a different primary color from every table shall only be used for gaming at that tion of value chip and each color of nonvalue other denomination of value chip. Unless oth- table and shall not be used for gaming at any chip is also submitted to and approved by the erwise approved by the commission, value other table in the riverboat, nor shall any commission. chips shall fall within the colors set forth in holder of a Class A license or its employees (B) The name and address of the manufac- this subsection when the chips are viewed allow any riverboat patron to remove nonval- turer shall be provided to the commission. both in daylight and under incandescent ue chips permanently from the table from (C) No holder of a Class A license or other light. In conjunction with these primary col- which they were issued. person licensed by the commission shall man- ors, each holder of a Class A license shall uti- (C) No person at a roulette table shall be ufacture for, sell to, distribute to or use in any lize contrasting secondary colors for the edge issued or permitted to game with nonvalue casino outside of Missouri, any value or non- spots on each denomination of value chip. chips that are identical in color and design to value chips having the same edge design as Unless otherwise approved by the commis- value chips or to nonvalue chips being used those approved for use in Missouri. sion, no holder of a Class A license shall use by another person at the same table. When a a secondary color on a specific denomination patron purchases nonvalue chips, a nonvalue AUTHORITY: sections 313.004 and 313.805 of chip identical to the secondary color used chip of the same color shall be placed in a RSMo 1994 and 313.807, RSMo Supp 1997.* by another holder of a Class A license on that slot or receptacle attached to the outer rim of Emergency rule filed Sept. 1, 1993, effective same denomination of value chip. The prima- the roulette wheel. At that time, a marker Sept. 20, 1993, expired Jan. 17, 1994. Emer- ry color to be utilized by each holder of a denoting the value of a stack of twenty (20) gency rule filed Jan. 5, 1994, effective Jan. Class A license for each denomination of chips of that color shall be placed in the slot 18, 1994, expired Jan. 30, 1994. Original value chip shall be— or receptacle. rule filed Sept. 1, 1993, effective Jan. 31, 1. 50¢ Pink (D) Nonvalue chips shall only be present- 1994. Amended: Filed June 2, 1995, effective 2. $ 1 White ed for redemption at the table from which Dec. 30, 1995. Amended: Filed May 13, 3. $2.50 Blue they were issued and shall not be redeemed 1998, effective Oct. 30, 1998. 4. $ 5 Red or exchanged at any other location in the 5. $ 20 Yellow riverboat gaming operation. When so pre- *Original authority: 313.004, RSMo 1993, amended 1994; 6. $ 25 Green sented, the dealer at the issuing table shall 313.805, RSMo 1991, amended 1993, 1994; and 313.807, RSMo 1991, amended 1993. 7. $100 Black exchange them for an equivalent amount of 8. $500 Fire Orange value chips which may then be used by the (D) Each denomination of value chip uti- patron in gaming or redeemed as any other 11 CSR 45-5.100 Chip Specifications lized by a holder of a Class A license unless value chips. otherwise authorized by the commission, (E) Each holder of a Class A license shall PURPOSE: This rule establishes chip specifi- shall— have the discretion to permit, limit or prohib- cations. 1. Have its center portion impressed, it the use of value chips in gaming at roulette engraved or imprinted with the value of the provided, however, that it shall be the respon- (1) Value Chips. chip and the riverboat issuing it and utilize a sibility of the licensee to keep an accurate (A) Each chip issued by a holder of a Class different shape for each denomination; account of the wagers being made at roulette A license shall be round in shape, have clear- 2. Be designed so as to be able to deter- with value chips so that the wagers made by ly and permanently impressed, engraved or mine on closed circuit black and white televi- one player are not confused with those made imprinted on it the name of the riverboat and sion the specific denomination of a chip when by another player at the table. the specific value of the chip, and at least on placed in a stack of chips of other denomina- one (1) side of the chip, the city or other tions; and AUTHORITY: sections 313.004, 313.805 and locality and the state where the establishment 3. Be designed, manufactured and con- 313.817, RSMo 2000.* Emergency rule filed is located and the manufacturer’s name or a structed so as to prevent, to the greatest Sept. 1, 1993, effective Sept. 20, 1993, distinctive logo or other mark identifying the extent possible, the counterfeiting of value expired Jan. 17, 1994. Emergency rule filed manufacturer, except that a holder of a Class chips. Jan. 5, 1994, effective Jan. 18, 1994, expired A license may issue gaming chips without a Jan. 30, 1994. Original rule filed Sept. 1, value impressed, engraved or imprinted on it (2) Nonvalue Chips. 1993, effective Jan. 31, 1994. Amended:

8 CODE OF STATE REGULATIONS (8/31/02) MATT BLUNT Secretary of State Chapter 5—Conduct of Gaming 11 CSR 45-5

Filed May 13, 1998, effective Oct. 30, 1998. RSMo 1991, amended 1993 and 313.817, RSMo 1991, (A) Issued to a patron upon payment for a Amended: Filed April 3, 2001, effective Oct. amended 1993. token or in accordance with a complimentary 30, 2001. distribution program; (B) Capable of insertion into designated 11 CSR 45-5.120 Issuance and Use of *Original authority: 313.004, RSMo 1993, amended 1994; electronic gaming devices operated by the 313.805, RSMo 1991, amended 1993, 1994, 2000; and Tokens for Gaming in Electronic Gaming holder of a Class A license for the purpose of 313.817, RSMo 1991, amended 1993, 2000. Devices activating play; (C) Available as a payout from the hopper PURPOSE: This rule establishes the proce- 11 CSR 45-5.110 Primary, Secondary and dures for the issuance and use of electronic of the electronic gaming devices; and Reserve Sets of Gaming Chips game tokens. (D) Redeemable by the patron in accordance with the Act. PURPOSE: This rule establishes the process (1) No holder of a Class A license shall issue for having primary, secondary and reserve or cause to be utilized in the riverboat gam- AUTHORITY: sections 313.004, 313.805 and sets of gaming chips. ing operation any tokens for gaming in elec- 313.817, RSMo 1994 and 313.807, RSMo tronic gaming devices unless the tokens are Supp 1997.* Emergency rule filed Sept. 1, (1) Unless otherwise authorized by the com- approved by the commission. In requesting 1993, effective Sept. 20, 1993, expired Jan. mission, each riverboat shall have a primary approval of the tokens, the licensee shall first 17, 1994. Emergency rule filed Jan. 5, 1994, set of value chips, a separate secondary set of submit to the commission a detailed schemat- effective Jan. 18, 1994, expired Jan. 30, value chips and a nonvalue chip reserve ic of its proposed token which shall show its 1994. Original rule filed Sept. 1, 1993, effec- which shall conform to the color and design front, back and edge, its diameter and thick- tive Jan. 31, 1994. Amended: Filed June 2, specifications set forth in 11 CSR 45-5.100. ness and any logo, design or wording to be 1995, effective Dec. 30, 1995. Amended: An approved secondary set of value chips and contained on it, all of which shall be depict- Filed May 13, 1998, effective Oct. 30, 1998. reserve nonvalue chips shall be placed into ed on the schematic as they will appear, both active play whenever the primary set is as to size and location, on the actual token. *Original authority: 313.004, RSMo 1993, amended 1994; removed. 313.805, RSMo 1991, amended 1993, 1994; 313.807, (A) The secondary set of value chips shall Once the design schematics are approved by RSMo 1991, amended 1993 and 313.817, RSMo 1991, have different secondary colors than the pri- the commission, no token shall be issued or amended 1993. mary set and shall be required for all denom- utilized until a sample of the token is also inations. submitted and approved by the commission. 11 CSR 45-5.130 Exchange of Chips and (B) Each holder of a Class A license shall have a nonvalue chip reserve for each color (2) A holder of a Class A license with the Tokens utilized in the riverboat with a design insert approval of the commission, shall issue metal or symbol different from those nonvalue tokens designed for gaming in its electronic PURPOSE: This rule establishes the process chips comprising the primary set. gaming devices. These tokens shall— for exchange of chips and tokens. (C) The holder of a Class A license shall (A) Be round in shape, have clearly and remove the primary set of gaming chips from permanently impressed, engraved or imprint- (1) Chips shall be issued to a person only at active play whenever— ed on them the name of the casino and the the request of that person and shall not be 1. A determination is made by the specific value of the token, and at least on given as change in any other transaction. licensee that the riverboat gaming operation one (1) side of the token, the city or other Chips shall be issued to riverboat patrons at is taking on a significant number of counter- locality and the state where the establishment cashier’s cages, at the live gaming devices, or feit chips; is located and the manufacturer’s name or a at stations adjacent to the gaming area if 2. Any other impropriety or defect in distinctive logo or other mark identifying the approved by the commission. Chips may be the utilization of the primary set of chips manufacturer; redeemed at cashier’s cages or at stations makes removal of the primary set necessary; (B) Contain the statement—“Not Legal adjacent to the gaming area if approved by the or Tender”; commission. 3. The director so directs. (C) Not be deceptively similar to any cur- (D) Whenever the primary set of chips is rent or past coin of the United States or a for- (2) Tokens shall only be issued upon the removed from active play, the licensee shall eign country; request of a patron from a cashier’s cage, (D) Not be of a size or shape or have other immediately notify a representative of the from employees of the holder of a Class A characteristics which will physically present commission as to the reason for this occur- license at the electronic gaming devices area rence. their use to activate lawful vending machines or other machines designed to be operated by or at stations adjacent to the gaming area if AUTHORITY: sections 313.004, 313.805 and coins of the United States; and approved by the commission. Tokens may be 313.817, RSMo 1994 and 313.807, RSMo (E) Not be manufactured from a ferromag- redeemed at a cashier’s cage or at stations Supp. 1997.* Emergency rule filed Sept. 1, netic material or from a three (3)-layered adjacent to the gaming area if approved by the 1993, effective Sept. 20, 1993, expired Jan. material consisting of a copper-nickel alloy commission. 17, 1994. Emergency rule filed Jan. 5, 1994, clad on both sides of a pure copper core or effective Jan. 18, 1994, expired Jan. 30, from a copper-based alloy, except if the total (3) Chips or tokens shall only be redeemed 1994. Original rule filed Sept. 1, 1993, effec- zinc, nickel, aluminum, magnesium and by a holder of a Class A license for its tive Jan. 31, 1994. Amended: Filed May 13, other alloying metal exceeds twenty-five per- patrons and shall not be knowingly redeemed 1998, effective Oct. 30, 1998. cent (25%) of the token’s weight. from any nonpatron source; provided, however, that nongaming employees of the riverboat *Original authority: 313.004, RSMo 1993, amended 1994; (3) Tokens approved for issuance by a holder may redeem chips or tokens they have 313.805, RSMo 1991, amended 1993, 1994; 313.807, of a Class A license shall be— received as gratuities.

MATT BLUNT (11/30/04) CODE OF STATE REGULATIONS 9 Secretary of State 11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

(4) Each riverboat shall promptly redeem its commission will be notified both by the sup- (2) Each holder of a Class A license on a own chips and tokens by cash or by check plier and the casino manager of the time of monthly basis, shall compute and record the dated the day of the redemption on an account delivery of any chips or tokens to the holder unredeemed liability for each denomination of the riverboat as requested by the patron, of a Class A license. of chips and tokens and cause to be made an except when the chips and tokens were inventory of chips and tokens in circulation obtained or used unlawfully. (2) After checking the chips or tokens and cause the result of this inventory to be received, the holder of a Class A license shall recorded in the chip and token inventory (5) Each riverboat may demand the redemp- cause to be reported in a chip and token ledger. On a monthly basis, each holder of a tion of its chips or tokens from any person in inventory ledger—the denomination of the Class A license shall cause an inventory of chips in reserve to be made and cause the possession of them and that person shall chips or tokens received, the number of each redeem the chips or tokens upon presentation result of this inventory to be recorded in the denomination of chip or token received, the chip and token inventory ledger. The proce- of an equivalent amount of cash by the river- number and description of all nonvalue chips boat. dures to be utilized to compute the unre- received, the date of receipt and the signature deemed liability and to inventory chips and of the individuals who checked the chips or (6) No riverboat shall knowingly accept, tokens in circulation and reserve shall be sub- tokens. exchange, use or redeem gaming chips or mitted to the commission for approval. A tokens issued by another riverboat. physical inventory of chips in reserve shall be (3) If any of the chips received are to be held required annually if the inventory procedures (7) Each riverboat shall cause to be posted in reserve and not utilized, either at the gam- incorporate the sealing of the locked com- and remain posted in a prominent place— ing tables or at a cashier’s cage, they shall be partment. (A) On the front of a cashier’s cage, a sign stored in a separate locked compartment (3) During nongaming hours, all chips and that reads as follows—“Gaming chips issued either in the vault or in a cashier’s cage and tokens in the possession of the riverboat shall by another riverboat may not be used, shall be recorded in the chip and token inven- be stored in the chip bank, in the vault, or in exchanged or redeemed on this riverboat”; tory ledger as reserve chips. a locked compartment in a cashier’s cage, and except that chips may be locked in a trans- (B) On electronic gaming device token (4) Any chips received that are part of the secondary set of chips of the riverboat shall parent compartment on gaming tables provid- redemption booths, a sign that reads— ed that there is adequate security as approved be recorded in the chip and token inventory “Tokens issued by another riverboat may not by the commission. be used, exchanged or redeemed on this ledger as such and shall be stored in a locked riverboat.” compartment in the riverboat vault separate AUTHORITY: sections 313.004, 313.805, from the reserve chips. 313.807, 313.817 RSMo 2000.* Emergency AUTHORITY: sections 313.004, 313.805 and rule filed Sept. 1, 1993, effective Sept. 20, 313.817, RSMo 1994 and 313.807, RSMo AUTHORITY: sections 313.004, 313.805 and 1993, expired Jan. 17, 1994. Emergency rule Supp. 1997.* Emergency rule filed Sept. 1, 313.817, RSMo 1994 and 313.807, RSMo filed Jan. 5, 1994, effective Jan. 18, 1994, 1993, effective Sept. 20, 1993, expired Jan. Supp. 1997.* Emergency rule filed Sept. 1, expired Jan. 30, 1994. Original rule filed 17, 1994. Emergency rule filed Jan. 5, 1994, 1993, effective Sept. 20, 1993, expired Jan. Sept. 1, 1993, effective Jan. 31, 1994. effective Jan. 18, 1994, expired Jan. 30, 17, 1994. Emergency rule filed Jan. 5, 1994, Amended: Filed June 2, 1995, effective Dec. 1994. Original rule filed Sept. 1, 1993, effec- effective Jan. 18, 1994, expired Jan. 30, 30, 1995. Amended: Filed May 13, 1998, tive Jan. 31, 1994. Amended: Filed Feb. 19, 1994. Original rule filed Sept. 1, 1993, effec- effective Oct. 30, 1998. Amended: Filed April 1998, effective Aug. 30, 1998. Amended: tive Jan. 31, 1994. Amended: Filed May 13, 28, 2004, effective Dec. 30, 2004. Filed May 13, 1998, effective Jan. 30, 1999. 1998, effective Oct. 30, 1998. *Original authority: 313.004, RSMo 1993, amended 1994; 313.805, RSMo 1991, amended 1993, 1994, 2000; *Original authority: 313.004, RSMo 1993, amended 1994; *Original authority: 313.004, RSMo 1993, amended 1994; and 313.805, RSMo 1991, amended 1993, 1994; 313.807, 313.807, RSMo 1991, amended 1993, 2000; and 313.817, 313.805, RSMo 1991, amended 1993, 1994; 313.807, RSMo 1991, amended 1993; and 313.817, RSMo 1991, RSMo 1991, amended 1993, 2000. RSMo 1991, amended 1993 and 313.817, RSMo 1991, amended 1993. amended 1993. 11 CSR 45-5.160 Destruction of Chips and 11 CSR 45-5.140 Receipt of Gaming Chips Tokens 11 CSR 45-5.150 Inventory of Chips and or Tokens from Manufacturer Tokens PURPOSE: This rule establishes the process PURPOSE: This rule establishes the process for dealing with destruction of chips and for receipt of gaming chips and tokens from PURPOSE: This rule establishes the process tokens. manufacturers. for inventory of chips and tokens. (1) Prior to the destruction of chips or tokens, (1) When chips or tokens are received from (1) In the presence of at least two (2) indi- the holder of a Class A license shall notify the manufacturer, they shall be opened and viduals, chips shall be taken from or returned the commission, in writing, of the date and checked by at least two (2) employees from to either the reserve chip inventory or the the location at which the destruction will be different departments of the holder of a Class secondary set of chips. The denominations, performed, the denomination, number and A license. Any deviation between the invoice number and amount of chips taken or amount of value chips or tokens to be accompanying the chips or tokens and the returned shall be recorded in the chip and destroyed, the description and number of actual chips or tokens received or any defects token inventory ledger together with the date nonvalue chips to be destroyed and a detailed found in the chips or tokens shall be reported and signatures of the individuals carrying out explanation of the method of destruction. promptly to the commission. An agent of the this process. Unless otherwise authorized by the director,

10 CODE OF STATE REGULATIONS (11/30/04) MATT BLUNT Secretary of State Chapter 5—Conduct of Gaming 11 CSR 45-5

the destruction of chips or tokens shall be (A) The number and denominations, actu- (C) Tournament chips shall not be used, carried out in the presence of at least two (2) al and purported, of the coins and counterfeit and licensees shall not permit their use in individuals, one (1) of whom shall be an chips and tokens destroyed or otherwise dis- transactions other than the tournaments for agent of the commission. The denomination, posed of pursuant to this rule; which they are issued; and number and amount of value chips or tokens (B) The month during which they were dis- (D) The provisions of 11 CSR 45-5.170 or, in the case of nonvalue chips, the descrip- covered; shall not apply to tournament chips. tion and number so destroyed shall be record- (C) The date, place and method of destruc- ed in the chip and token inventory ledger tion or other disposition, including, in the (3) As used in this rule, entry fees shall be together with the signatures of the individuals case of foreign coin exchanges, the exchange defined as the total amount paid by a person carrying out the destruction and the date on rate and the identity of the bank, exchange or on a person’s behalf for participation in a which destruction took place. company, or other business or person at tournament. A tournament is a contest which or with whom the coins are exchanged; offered and sponsored by a Class A licensee AUTHORITY: sections 313.004, 313.805 and and in which patrons may be assessed an entry 313.817, RSMo 1994 and 313.807, RSMo (D) The names of the persons carrying out fee or be required to meet some other crite- Supp. 1997.* Emergency rule filed Sept. 1, the destruction or other disposition on behalf ria to compete against one another in a gam- 1993, effective Sept. 20, 1993, expired Jan. of the licensee. bling game or series of gambling games in 17, 1994. Emergency rule filed Jan. 5, 1994, which winning patrons receive a portion or effective Jan. 18, 1994, expired Jan. 30, (5) A holder of a Class A license shall main- all of the entry fees, if any, which may be 1994. Original rule filed Sept. 1, 1993, effec- tain each record required by this rule for at increased with cash or non-cash prizes from tive Jan. 31, 1994. Amended: Filed May 13, least five (5) years, unless the commission the Class A licensee. Class A licensees may 1998, effective Oct. 30, 1998. conduct tournaments provided: approves or requires otherwise. (A) The licensee shall notify the gaming *Original authority: 313.004, RSMo 1993, amended 1994; agent in charge at that property and the com- 313.805, RSMo 1991, amended 1993, 1994; 313.807, AUTHORITY: sections 313.004, 313.805 and mission tax section of the planned tourna- RSMo 1991, amended 1993 and 318.817, RSMo 1991, 313.817, RSMo 1994 and 313.807, RSMo ment at least ten (10) calendar days before the amended 1993. Supp. 1997.* Emergency rule filed Sept. 1, first day of the event; 1993, effective Sept. 20, 1993, expired Jan. (B) The licensee shall conduct the tourna- 17, 1994. Emergency rule filed Jan. 5, 1994, 11 CSR 45-5.170 Destruction of Counter- ment in compliance with all applicable rules, effective Jan. 18, 1994, expired Jan. 30, feit Chips and Tokens regulations and laws; 1994. Original rule filed Sept. 1, 1993, effec- (C) The licensee shall maintain written, PURPOSE: This rule establishes the process tive Jan. 31, 1994. Amended: Filed May 13, dated rules governing the event, and the rules for the destruction of counterfeit chips and 1998, effective Oct. 30, 1998. shall be immediately available to the public tokens. and the commission upon request. Tourna- *Original authority: 313.004, RSMo 1993, amended 1994; 313.805, RSMo 1991, amended 1993, 1994; 313.807, ment rules shall at a minimum include: (1) As used in this rule, counterfeit chips or RSMo 1991, amended 1993 and 313.817, RSMo 1991, 1. The date, time and type of tourna- tokens means any chip- or token-like objects amended 1993. ment to be held; that have not been approved pursuant to this 2. The amount of the entry fee, if any; chapter, including objects commonly referred 3. The minimum and maximum number to as slugs, but not including coins of the 11 CSR 45-5.180 Tournament Chips and of participants; United States or any other nation. Tournaments 4. A description of the tournament structure, i.e., number of rounds, time peri- (2) Unless a peace officer instructs or a court PURPOSE: This rule establishes the process od, players per table, and criteria for deter- of competent jurisdiction orders otherwise in for the use of promotional and tournament mining winner(s); a particular case, licensees shall destroy or chips and tokens. 5. The prize structure, including otherwise dispose of counterfeit chips and amounts and/or percentages for prize levels; tokens discovered at their establishments in a (1) As used in this rule, tournament chip and manner as their internal controls specify. means a chip- or token-like object issued by 6. Procedures for the timely notification a licensee for use in tournaments at the of entrants and the gaming agent in charge at (3) Unless a peace officer instructs or a court licensee’s gaming establishment. the property and the refunding of entry fees of competent jurisdiction orders otherwise in in the event of cancellation; a particular case, licensees may dispose of (2) Tournament chips shall be designed, man- (D) No false or misleading statements, coins of the United States or any other nation ufactured, approved and used in accordance written or oral, shall be made by a licensee or discovered to have been unlawfully used at with the provisions of rules in this chapter its employees or agents regarding any aspect their establishments by including them in applicable to chips and tokens, except as fol- of the tournament, and all prizes offered in their coin inventories or, in the case of for- lows: eign coins, by exchanging them for United the tournament shall be awarded according to (A) Tournament chips shall be of a shape States currency or coins and including them the Class A licensee’s rules governing the in their currency or coin inventories, or by and size and have such other specifications so event. Tournaments shall not be structured or disposing of them in any other lawful manner. as to be distinguishable from other chips and conducted in a manner that reflects negative- tokens used in the riverboat operation; ly on the licensee, the commission, or the (4) Each licensee shall record, in addition to (B) Each side of each tournament chip integrity of gaming in Missouri; other information that the commission may shall conspicuously bear the inscription— (E) The Class A licensee’s accounting require— “No Cash Value”; department shall keep a complete record of

ROBIN CARNAHAN (2/28/07) CODE OF STATE REGULATIONS 11 Secretary of State 11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

the rules of the event and all amendments all persons meeting the criteria receive the (F) The Class A licensee shall designate in thereto, including criteria for entry and win- same promotional gift or item; its internal control system an employee posi- ning, names of all entrants, all prizes award- (B) Patron—any person present on the tion acceptable to the commission that shall ed and prize winners, for a minimum of two premises of a Class A licensee that is not be responsible for ensuring adherence to the (2) years from the last date of the tournament employed by such Class A licensee or the rules set forth in this section. and shall be made readily available to the commission and is not on the premises as a commission upon request; vendor of the Class A licensee; (3) Promotional coupons shall contain the (F) Entry fees shall be subject to the (C) Promotional coupon—any instrument following information preprinted on the adjusted gross receipts tax pursuant to section offering any person something of value and coupon: 313.822, RSMo. Entry fees shall be consid- issued by a Class A licensee to entice the per- (A) The name of the gaming facility; ered as buy-in except when paid with chips, son to come to the Class A licensee’s premis- (B) The city or other locality and state tokens, or a ticket. At least eighty percent es or for use in or related to licensed gam- where the gaming facility is located; (80%) of all entry fees must be returned to bling games at a licensee’s gaming (C) Specific value of any monetary coupon tournament participants as winnings; establishment; stated in U.S. dollars; (G) Cash and non-cash winnings paid in a (D) Promotional game—a drawing, event, (D) Sequential identification numbers, tournament shall be deductible from adjusted contest or game in which patrons of a Class player tracking numbers, or other similar gross revenue, but any such deduction shall A licensee may, without giving consideration, means of unique identification for complete, not exceed the total entry fees received for participate or compete for the chance to win accurate tracking and accounting purposes; the tournament and non-cash winnings shall a prize or prizes of different values. (E) A specific expiration date or condition; be deductible only to the dollar value thereof (F) All conditions required to redeem the actually invoiced to and paid by the licensee; (2) Class A licensees may provide promo- coupon; and and tional giveaways, issue promotional coupons (G) A statement that any change or cancel- (H) The Class A licensee shall designate in or conduct promotional games or similar lation of the promotion must be approved by its internal control system an employee posi- activities (collectively, “promotional activi- the commission prior to the change or can- tion acceptable to the commission that shall ties”) for patrons or their employees without cellation. be responsible for ensuring adherence to the the prior approval of the commission, provid- rules set forth in this section. ed the promotional activity is not structured (4) Documentation of any change or cancel - or conducted in a manner that reflects nega- lation of a promotional coupon shall be main- AUTHORITY: sections 313.004, 313.805, tively on the licensee, the commission, or the tained on file for two (2) years with the legal 313.807 and 313.817, RSMo 2000.* Emer- integrity of gaming in Missouri and complies counsel’s affidavit. gency rule filed Sept. 1, 1993, effective Sept. with the following: 20, 1993, expired Jan. 17, 1994. Emergency (A) No false or misleading statements, (5) Class A licensees may use mass media to rule filed Jan. 5, 1994, effective Jan. 18, written or oral, shall be made by a licensee or provide promotional coupon offers to 1994, expired Jan. 30, 1994. Original rule its employees or agents regarding any aspect prospective patrons; however, such offers filed Sept. 1, 1993, effective Jan. 31, 1994. of any promotional activity; may only be redeemed for a preprinted Amended: Filed Nov. 10, 1997, effective June (B) The promotional activity shall comply coupon that contains all of the information 30, 1998. Amended: Filed May 6, 1999, with all applicable laws and regulations and required for a promotional coupon in section effective Dec. 30, 1999. Amended: Filed July shall not constitute illegal gambling under (3) of this rule. 9, 2004, effective Jan. 30, 2005. Amended: federal or state law. An affidavit of such Filed June 30, 2005, effective Jan. 30, 2006. compliance shall be signed by the legal coun- (6) Class A licensees offering promotional Amended: Filed Aug. 30, 2006, effective sel of the licensee and be maintained on file coupons shall track the issuance and redemp- March 30, 2007. for two (2) years from the last day of the tion of each promotional coupon. Documen- event; tation of the promotional coupon tracking (C) The Class A licensee shall create *Original authority: 313.004, RSMo 1993 amended 1994; shall be maintained on file for two (2) years 313.805, RSMo 1991, amended 1993, 1994, 2000; dated, written rules governing the promotion- and made readily available to the commission 313.807, RSMo 1991, amended 1993, 2000; and 313.817, al activity, which rules shall be immediately RSMo 1991, amended 1993, 2000. upon request. The inventory of un-issued available to the public and the commission promotional coupons must be maintained in a upon request. The licensee shall maintain the reasonable manner that prevents theft or rules of the event and all amendments there- 11 CSR 45-5.181 Promotional Activities fraud. to, including criteria for entry and winning, prizes awarded, and prize winners, for a min- PURPOSE: This rule defines and clarifies the (7) Promotional coupons shall be cancelled at imum of two (2) years from the last day of the requirements for approval of giveaways and the time they are redeemed in a manner that event; promotions. will prevent multiple redemptions of the same (D) All prizes offered in the promotional coupon. (1) For the purposes of this rule, the follow- activity shall be awarded according to the ing words are defined as: Class A licensee’s rules governing the event; AUTHORITY: sections 313.004 and 313.805, (A) Promotional giveaway—a promotional and RSMo 2000.* Original rule filed July 9, gift or item given by a licensee to any person (E) The licensee’s employees shall not be 2004, effective Jan. 30, 2005. Amended: meeting the licensee’s promotional criteria, permitted to participate as a player in any Filed June 30, 2005, effective Jan. 30, 2006. where the person provides no consideration gambling game as defined in section and there is no chance or skill involved in the 313.800.1(10), RSMo, including games for *Original authority: 313.004, RSMo 1993, amended 1994 awarding of the promotional gift or item, and which there is no cost to participate; and and 313.805, RSMo 1991, amended 1993, 1994, 2000.

12 CODE OF STATE REGULATIONS (2/28/07) ROBIN CARNAHAN Secretary of State Chapter 5—Conduct of Gaming 11 CSR 45-5

11 CSR 45-5.183 Cards—Specifications (I) In addition to satisfying the require- the separate storage area shall be approved by ments of this section, the cards used by a the commission. PURPOSE: This rule establishes minimum Class A licensee at poker must— standards for cards used for gambling games. 1. Be visually distinguishable from the (2) All primary, secondary and poker storage cards used by that Class A licensee to play areas, other than the cashiers’ cage, shall (1) Unless otherwise approved by the com- any other table games; and have two (2) separate locks. The casino secu- mission, all cards used for gambling games 2. Be made of plastic; and rity department shall maintain one (1) key must meet the following specifications: (J) Each Class A licensee which elects to and the casino department or cashiers’ cage (A) Cards used to play blackjack, baccarat, offer the game of poker shall be required to shall maintain the other key; provided, how- pai gow poker, poker, caribbean stud poker, have and use on a daily basis at least two (2) ever, that no person employed by the casino let it ride poker and double down stud shall visually distinguishable card backings for the department below the assistant shift manager be in decks of fifty-two (52) cards each with cards to be used at the game of poker. These in the organizational hierarchy shall have each card identical in size and shape to every card backings may be distinguished, without access to the casino department key for the other card in such deck. Notwithstanding the limitation, by different logos, different colors primary and secondary storage areas and no foregoing, decks of cards used to play pai or different design patterns. person below the poker shift supervisor in the gow poker shall include one (1) additional organizational hierarchy shall have access to card, a joker, which shall be identical in size AUTHORITY: sections 313.004, 313.805, the casino department key to the poker stor- and shape to every other card in such deck; 313.830 and 313.845, RSMo 2000.* Original age area. Cards stored in a cabinet within the (B) Each deck shall be composed of four rule filed Dec. 17, 1996, effective Aug. 30, cashiers’ cage shall be secured by a lock, the (4) suits: diamonds, spades, clubs and hearts; 1997. Amended: Filed July 3, 2000, effective key to which shall be maintained by an assis- (C) Each suit shall be composed of thirteen Feb. 28, 2001. Amended: Filed May 29, tant shift manager or casino supervisor there- (13) cards: ace, king, queen, jack, 10, 9, 8, 2002, effective Dec. 30, 2002. of. 7, 6, 5, 4, 3, 2. The face of the ace, king, queen, jack and 10 value cards may contain *Original authority: 313.004, RSMo 1993, amended 1994; (3) Immediately prior to the commencement an additional marking, as approved by the 313.805, RSMo 1991, amended 1993, 1994, 2000; of each gaming day and at other times as may 313.830, RSMo 1991, amended 1993, 2000; and 313.845, be necessary, the assistant shift manager or commission, which will permit a dealer, RSMo 1991, amended 1993, 1994, 1995. prior to exposing his/her hole card at the casino supervisor thereof shall remove the game of blackjack, to determine the value of appropriate number of decks of cards for that that hole card; 11 CSR 45-5.184 Cards—Receipt, Storage, gaming day from a primary storage area, and if applicable, the poker shift supervisor or (D) The backs of each card in the deck Inspections, and Removal from Use supervisor thereof shall remove the appropri- shall be identical and no card shall contain ate number of decks of cards to be used at any marking, symbol or design that will PURPOSE: This rule establishes procedures poker for that gaming day from the poker enable a person to know the identity of any for the handling of cards within the gaming storage area. element printed on the face of the card or that operation. will in any way differentiate the back of that (4) If removed from the primary storage area, (1) When decks of cards are received for use card from any other card in the deck; the assistant shift manager or casino supervi- in the licensed facility from the licensed sup- (E) The backs of all cards in the deck shall sor thereof and the casino security officer plier, they shall be placed for storage in a be designed so as to diminish as far as possi- who removed the decks shall distribute suffi- locked cabinet in the cashiers’ cage or with- ble the ability of any person to place con- cient decks to the poker shift supervisor and in a primary or secondary storage area by at cealed markings thereon; to the pit boss who shall then distribute the least two (2) individuals, one (1) of whom (F) The design to be placed on the backs of decks to the dealer at each table. If removed cards used by licensees shall contain the shall be from the casino department and the from the poker storage area, the decks shall name or trade name of the Class A licensee other from the casino security department or be removed by the poker shift supervisor, in where the cards are to be used and shall be casino accounting department. The cabinet or the presence of the casino security officer, submitted to the commission for approval primary storage area shall be located in the and transported to the poker pit stand. Sub- prior to use of such cards in gaming activity; cashiers’ cage or in another secure place, the sequently, the poker shift supervisor shall (G) Each deck of cards shall be packaged location and physical characteristics of which distribute the decks to the dealer at each separately through the use of cello or shrink shall be approved by the commission. Sec- poker table either directly or through the wrap or other similar material as approved by ondary storage areas shall be used for the floorperson assigned to supervise the dealer. the commission and such packaging shall storage of surplus cards. Cards maintained in (A) The poker shift supervisor or pit boss have a tamper resistant destructive security secondary storage areas shall not be dis- shall place extra decks for card reserve into seal and a tear band. Notwithstanding this tributed to gaming pits or tables for use in the pit stand. requirement, cards used at poker may be gaming until the cards have been moved to a (B) Prior to distributing the decks to each packaged and sealed in sets containing two primary storage area. All secondary storage table, the poker shift supervisor or floorper- (2) decks of cards; areas shall be located in secure areas, the son shall examine each package to determine (H) Nothing in this section shall prohibit location and physical characteristics of which if any replacement cards are necessary pur- decks of cards with one (1) or more jokers shall be approved by the commission. Noth- suant to subsection (14)(E) below. If needed, contained therein; provided, however, such ing herein shall preclude a licensee from hav- the poker shift supervisor or floorperson jokers shall not be used by the Class A ing a separate storage area for the cards to be shall place the appropriate replacement cards licensee in the play of any games other than used at the game of poker; provided, howev- into the deck from the cards held in reserve pai gow poker; er, the location and physical characteristics of at the pit stand. Upon insertion of the

ROBIN CARNAHAN (2/28/07) CODE OF STATE REGULATIONS 13 Secretary of State 11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

replacement cards into the deck, the poker (A) Cards opened for use on a baccarat date and time and is signed by the floorperson shift supervisor or floorperson shall reexam- table shall be changed at least once during the or supervisor thereof for poker and the pit ine the front of each card and the back of gaming day; boss for all other games. each card to ensure a consistent shading pat- (B) Cards opened for use on a pai gow tern and to ensure that the condition of the poker table, caribbean stud poker or let it (12) At the end of each gaming day or, in the deck with the inclusion of the replacement ride poker table and dealt from a dealing shoe alternative, at least once each gaming day at cards has sufficient quality in order to main- shall be changed at least every eight (8) the same time each day, as designated by the tain the integrity of gaming at poker. If the hours; licensee and approved by the commission, integrity of gaming at poker would in any way (C) Cards opened for use on a pai gow and at such other times as may be necessary, be compromised by the use of the deck with poker table, caribbean stud poker or let it a casino security officer shall collect and sign the replacement cards, the entire deck of ride poker table and dealt from the dealer’s all envelopes or containers with damaged cards, cards used during the gaming day, and cards shall be placed in a sealed envelope or hand shall be changed at least every four (4) all extra decks in card reserve with broken container, identified with the date and time hours; and (D) Cards opened for use on a poker table seals and shall return the envelopes or con- and shall be signed by the poker shift super- shall be changed at least every four (4) hours. tainers to the casino security department. visor. The poker shift supervisor shall maintain the envelope or container in a secure (8) Cards damaged during course of play (13) At the end of each gaming day or, in the place within the pit stand until collection by a shall be replaced by the dealer who shall alternative, at least once each gaming day at casino security officer. request a floorperson or supervisor thereof the same time each day, as designated by the (C) Cards in the pit stand shall be placed for the game of poker or casino supervisor licensee and approved by the commission, in a locked compartment, keys to which shall for all other games to bring cards in substitu- and at such other times as may be necessary, be in the possession of the poker shift super- tion from the pit stand. an assistant shift manager or casino supervi- visor or supervisor thereof or the pit boss or (A) The damaged cards shall be placed in sor thereof may collect all extra decks in card casino supervisor thereof. a sealed envelope, identified by table num- reserve. If the licensee maintains a separate ber, date and time and shall be signed by the storage area for poker cards, a poker shift (5) All decks shall be inspected by the dealer, dealer and the individual who brought the supervisor or supervisor thereof may collect and the inspection verified by a floorperson. replacement card to the table. all extra decks in card reserve for the game of Card inspection at the gaming table shall (B) The poker shift supervisor or casino poker. If collected, all sealed decks shall require each pack to be used to be sorted into supervisor shall maintain the envelopes or either be cancelled or destroyed or returned sequence and into suit to assure that all cards containers in a secure place within the pit to the storage area. are in the deck. The dealer shall also check until collection by a casino security officer. the back of each card to assure that it is not (14) When the envelopes or containers of flawed, scratched or marked in any way. (9) At the end of each gaming day or, in the used cards and reserve cards with broken (A) If, after checking the cards, the dealer alternative, at least once each gaming day at seals are returned to the casino security finds that a card is unsuitable for use, a poker the same time each day, as designated by the department, they shall be inspected for tam- shift supervisor or casino supervisor shall licensee and approved by the commission, pering, marks, alterations, missing or addi- bring a substitute card from the card reserve and at such other times as may be necessary, tional cards or anything that might indicate in the pit stand. the floorperson or supervisor thereof for the unfair play. (B) The unsuitable card shall be placed in game of poker or casino supervisor for all (A) For cards used in blackjack, or bac- a sealed envelope or container, identified by other games shall collect all used cards. carat, the licensee shall cause to be inspected either— table number, date, and time and shall be (A) These cards shall be placed in a sealed 1. All decks used during the day; or signed by the dealer and floorperson assigned envelope or container. A label shall be attached to each envelope or container which 2. A sample of decks selected at random to that table. The poker shift supervisor or shall identify the table number, date and time or in accordance with an approved stratifica- casino supervisor shall maintain the envelope and shall be signed by the dealer and floor- tion plan provided that the procedures for or container in a secure place within the pit person assigned to the table. selecting the sample size and for assuring a until collection by a casino security officer. (B) The poker shift supervisor or casino proper selection of the sample are submitted supervisor shall maintain the envelopes or to and approved by the commission. (6) All envelopes and containers used to hold containers in a secure place within the pit (B) The licensee shall also inspect— or transport cards collected by security shall until collection by a casino security officer. 1. Any cards which the commission be transparent. requests the licensee to remove for the pur- (A) The envelopes or containers and the (10) The licensee shall remove any cards at pose of inspection; method used to seal them shall be designed or any time during the day if there is any indi- 2. Any cards the licensee removed for constructed so that any tampering shall be cation of tampering, flaws, scratches, marks indication of tampering; evident. or other defects that might affect the integri- 3. All cards used for pai gow poker, (B) The envelopes or containers and seals ty or fairness of the game, or at the request of caribbean stud poker or let it ride poker; and shall be approved by the commission. the commission. 4. All cards used for poker. (C) The procedures for inspecting all decks (7) Any cards which have been opened and (11) All extra decks in card reserve with bro- required to be inspected under this subsec- placed on a gaming table shall be changed at ken seals shall be placed in a sealed envelope tion, shall, at a minimum, include: least every twenty-four (24) hours. In addi- or container, with a label attached to each 1. The sorting of cards sequentially by tion— envelope or container which identifies the suit;

14 CODE OF STATE REGULATIONS (2/28/07) ROBIN CARNAHAN Secretary of State Chapter 5—Conduct of Gaming 11 CSR 45-5

2. The inspection of the backs with an (A) A card inventory system which shall identifies the date and time and shall be ultraviolet light; include, at a minimum, the recordation of the signed by the poker shift supervisor or floor- 3. The inspection of the sides of the following: person. At the end of the gaming day or at cards for crimps, bends, cuts and shaving; 1. The balance of cards on hand; such other times as may be necessary, said and 2. The cards removed from storage; envelope or container shall be collected by a 4. The inspection of the front and back 3. The cards returned to storage or casino security officer and be returned to the of all plastic cards for consistent shading and received from the manufacturer; casino security department for destruction or coloring. 4. The date of the transaction; and cancellation pursuant to section (16) above. (D) If, during the inspection procedures 5. The signatures of the individuals required in subsection (14)(C) above, one (1) involved; AUTHORITY: sections 313.004, 313.805, or more plastic cards in a deck are deter- (B) A reconciliation on a daily basis of the 313.830, RSMo 1994 and 313.845, RSMo mined to be unsuitable for continued use, cards distributed, the cards destroyed and Supp. 1996.* Original rule filed Dec. 17, 1996, effective Aug. 30, 1997. those cards shall be placed in a sealed enve- cancelled, the cards returned to the storage area and, if any, the cards in card reserve; lope or container and a three (3)-part Card and *Original authority: 313.004, RSMo 1993, amended 1994; Discrepancy Report shall be completed in (C) A physical inventory of the cards at 313.805, RSMo 1991, amended 1992, 1993, 1994; accordance with subsection (14)(I) below. 313.830, RSMo 1991, amended 1992, 1993; and 313.845, least once every three (3) months. (E) Upon completion of the inspection pro- RSMo 1991, amended 1992, 1993, 1994, 1995. 1. This inventory shall be performed by cedures required in subsection (14)(C) above, an individual with no incompatible functions each deck of plastic cards which is deter- and shall be verified to the balance of cards 11 CSR 45-5.190 Minimum Standards for mined suitable for continued use shall be on hand required in paragraph (15)(A)1. Electronic Gaming Devices placed in sequential order, repackaged and above. returned to the primary or poker storage area 2. Any discrepancies shall immediately PURPOSE: This rule establishes the mini- for subsequent use. If a deck has any miss- be reported to the commission. mum standards for electronic gaming devices. ing cards pursuant to subsection (14)(D) above, the individual who repackages the (16) Where cards in an envelope or container (1) Electronic gaming devices must pay out cards shall indicate the need for the appropri- are inspected and found to be without any not less than eighty percent (80%) of all ate replacement card(s) in a manner approved indication of tampering marks, alterations, wagers during the expected lifetime of the by the commission. missing or additional cards or anything that game, including bonus games. Electronic (F) The licensee shall develop internal con- might indicate unfair play, those cards with gaming devices that may be affected by play- trol procedures for returning the repackaged the exception of plastic cards used at poker er skill must meet this standard when using a cards to the storage area. which are of sufficient quality for reuse, shall method of play that will provide the greatest (G) The individuals performing said be destroyed or canceled. Once released by return to the player over a period of continu- inspection shall complete a work order form the commission, the cards submitted as evi- ous play. The probability of obtaining the which shall detail the procedures performed dence shall immediately be destroyed or can- maximum payout on any electronic gaming and list the tables from which the cards were celed. device shall not be greater than one (1) in removed and the results of the inspection. (A) Destruction of cards shall be by shred- fifty (50) million. The individual shall sign the form upon com- ding. pletion of the inspection procedures. (B) Cancellation of cards shall be by (2) Electronic gaming devices shall— (H) The licensee shall submit the training drilling a circular hole of at least one-fourth (A) Be subject to testing prior to imple- procedures for those employees performing of an inch (1/4") in diameter through the cen- mentation within the state and at any time thereafter by the commission or an indepen- the inspection, which shall be approved by ter of each card in the deck or by cutting one dent testing laboratory designated by the the commission. (1) corner from each card in the deck. (C) The destruction and cancellation of commission, and subject to review and (I) Evidence of tampering, marks, alter- cards shall take place in a secure place, the approval by the commission for adherence to ations, missing or additional cards or any- location and physical characteristics of which the regulatory and technical standards adopt- thing that might indicate unfair play discov- shall be approved by the commission. ed or approved by the commission; ered at this time, or at any other time, shall (B) Be controlled by a microprocessor or be immediately reported to the commission (17) If a deck of plastic cards has been reused the equivalent in such a manner that the game by the completion and delivery of a Card Dis- twelve (12) or more times and the deck has outcome is completely controlled by the crepancy Report. been determined to be suitable for reuse by microprocessor or equivalent device as 1. The report shall accompany the cards the individual performing the inspection pro- approved by the commission; when delivered to the commission. cedures required by subsection (15)(C) (C) Utilize a communication protocol that 2. The cards shall be retained for further above, before that deck may be reused at a is compatible with and interfaces with the inspection by the commission. poker table, the deck must be inspected by a communication protocol used by all online 3. The commission inspector receiving poker shift supervisor or floorperson. A sat- computerized data monitoring, data manage- the cards shall sign the Card Discrepancy isfactory inspection shall be documented by ment, and ticket validation systems approved Report and retain the original at the commis- the poker shift supervisor or floorperson. If by the commission for use at licensed gaming sion office. the poker shift supervisor or floorperson establishments. Electronic gaming devices determines that the deck may not be reused, and any peripheral equipment or devices, (15) The licensee shall submit to the com- the deck shall be placed in a sealed envelope including the equipment’s or device’s operat- mission for approval procedures for— or container, with a label attached which ing systems and software, shall, prior to

ROBIN CARNAHAN (2/28/07) CODE OF STATE REGULATIONS 15 Secretary of State 11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

approval for use within the state, be tested for rency, credits or some other unit. All pay- AUTHORITY: sections 313.004 and 313.805, interoperability by a commission-approved table information must be able to be accessed RSMo 2000 and 313.800, RSMo Supp. independent testing laboratory to ensure com- by a player prior to the player committing to 2006.* Emergency rule filed Sept. 1, 1993, pliance with this subsection. Once approved, a wager. Pay glass and its corresponding art- effective Sept. 20, 1993, expired Jan. 17, no modifications shall be made to said gam- work for mechanical displays must be sub- 1994. Emergency rule filed Jan. 5, 1994, ing devices, peripheral equipment, systems, mitted to an independent testing laboratory effective Jan. 18, 1994, expired Jan. 30, or software that would cause them to be non- designated by the commission for review and 1994. Original rule filed Sept. 1, 1993, effec- compliant with this subsection; approval prior to implementation within the tive Jan. 31, 1994. Amended: Filed June 25, (D) Have a logic area in a separate locked state; 1996, effective Feb. 28, 1997. Amended: internal enclo sure within the device which (J) Display an accurate representation of Filed May 13, 1998, effective Oct. 30, 1998. houses electronic components that have the each game outcome. After selection of the Amended: Filed March 31, 2005, effective potential to significantly influence the opera- game outcome, the electronic gaming device Oct. 30, 2005. Amended: Filed Aug. 30, tion of the gaming device. Electronic com- must not make a variable secondary decision 2006, effective March 30, 2007. ponents required to be housed within the which affects the result shown to the player; logic area include computer processor units (K) Have a complete set of nonvolatile *Original authority: 313.004, RSMo 1993, amended 1994; 313.800, RSMo 1991, amended 1993, 1994, 2005; and (CPUs) and all critical program storage meters including amount-in, amount-out, 313.805, RSMo 1991, amended 1993, 1994, 2000. media; amount dropped, total amount wagered, total (E) After January 1, 2006, clearly and amount won, number of games played and accurately display, via Attendant Menu, the jackpots paid, or their equivalent as approved 11 CSR 45-5.200 Progressive Slot identification number and version, as appli- by the commission; Machines cable, of all software and firmware contained (L) Have available for random selection at within the electronic gaming device and its the initiation of each play, each possible per- PURPOSE: This rule establishes the process top box which are involved in game commu- mutation or combination of game elements for having progressive slot machines. nication or the operation and calculation of which produce winning or losing game out- game play, game display, or game result comes; and (1) As used in this rule— determination; (M) Not automatically alter pay-tables or (A) Base amount means the amount of the (F) Be able to recover to the state the gam- any function of the electronic gaming device progressive jackpot initially offered before it ing devices were in immediately prior to the based on internal computation of the hold increases; occurrence of a program interruption or percentage. (B) Incremental amount means the differ- power loss and continue a game with no data ence between the amount of a progressive loss. Upon program resumption, the follow- (3) When an electronic gaming device is jackpot and its base amount; ing procedures must be performed: unable to automatically provide payment of (C) Progressive jackpot means a slot 1. Any communications to an external jackpots requiring the payment to be made by machine payoff that increases and over time device shall not begin until the program the riverboat, jackpot payout tickets must be solely as a function of the amount of wagers resumption routine, including self-tests, is prepared either by the computerized slot played on a machine or group of machines; completed successfully; monitoring system or manually by casino per- (D) Wide-area progressive means a system 2. Gaming device control programs test sonnel containing the following information: of slot machines with a progressive jackpot themselves for possible corruption due to (A) The location of the electronic gaming linked across a communication network failure of the program storage media; and device; approved by the commission which connects 3. The integrity of all critical memory is (B) The date; separate gaming establishments licensed or checked; (C) The time of day; approved by the commission; and (G) Have game data recall capable of pro- (D) The electronic gaming device number; (E) “United States Government Agency viding all information required to fully recon- (E) The denomination of the game played; Securities” means negotiable, senior, non- struct at least the last five (5) games, retriev- (F) The amount of the jackpot payout in callable, debt obligations issued by a United able upon the operation of an external written and numeric form; States agency that on the date of funding, key-switch or other secure method not avail- (G) Total before taxes and taxes withheld, possesses an issuer credit rating equivalent to able to the player. The five (5) game recall if applicable; the highest investment grade rating given by shall reflect bonus rounds in their entirety. (H) Amount to patron; Standard & Poor’s or Moody’s Investors Ser- For games that may have infinite free games, (I) Total amount played and game outcome vice. there shall be a minimum of fifty (50) games of award, if applicable; recallable; (J) The signature of a holder of a Class A (2) A meter that shows the amount of the pro- (H) Have a random selection process that license or the licensee employee making the gressive jackpot must be conspicuously dis- must not produce detectable patterns of game payment, as approved by the commission; played at or near the machines to which the elements or detectable dependency upon any and jackpot applies. At least once a day, each previous game outcome, the amount (K) A signature of at least one (1) other licensee shall record the amount shown on wagered, or upon the style or method of play; riverboat gaming operation employee attest- each progressive jackpot meter at the (I) Clearly and accurately display applica- ing to the accuracy of the form. licensee’s establishment except for those ble rules of play and the award that will be jackpots that can be paid directly by the paid to the player when the player obtains a (4) In addition to the requirements of this machine either from the machine’s hopper or specific win, including mystery awards. The rule, all licensees shall comply with Chapter other mechanism approved by the commis- displays shall clearly indicate whether awards E of the Minimum Internal Control Standards sion and, except for wide-area progressive are designated in denominational units, cur- as authorized by 11 CSR 45-9.030. systems, shall reconcile each meter’s amount

16 CODE OF STATE REGULATIONS (2/28/07) ROBIN CARNAHAN Secretary of State Chapter 5—Conduct of Gaming 11 CSR 45-5

to the progression rate multiplied by the od as the commission for good cause may deemed to have been contributed to the pro- amount-in for the period between which the approve; or gressive amount of the next jackpot; meter amounts were recorded. The licensee (E) The commission for good cause 3. The jackpot may be paid in install- authorized to provide a wide-area progressive approves a reduction, elimination, distribu- ments as long as each machine clearly dis- system shall perform the required reconciliation, or procedure not otherwise described in plays the fact that the jackpot will be paid in tion for each system provided by such this section, which approval is confirmed in installments. In addition, the number of licensee. Explanations for meter reading dif- writing. installments and time between installments ferences or adjustments thereto must be must be clearly displayed on the face of the maintained with the progressive meter read- (5) The operation of wide-area progressive machine in a non-misleading manner that is ing sheets and where the payment of a jack- slot machines is allowed subject to compli- approved by the commission; and pot is the explanation for a decrease, the ance with all other requirements of this rule, 4. Two (2) jackpots that occur in the licensee shall record the jackpot payout form in addition to the following conditions: same polling cycle or data transfer will be number on the sheet or have the number rea- (A) The wide-area system must have the deemed to have occurred simultaneously and sonably available. Each licensee shall record ability to monitor entry into the main door of therefore, each “winner” shall receive the the base amount of each progressive jackpot each networked slot machine as well as the full amount shown on the meter unless anoth- the licensee offers. logic area of each networked slot machine er method of operation has been approved in and report it to the central system immediate- advance by the commission; (3) A licensee may impose a limit on the ly; (E) Approval by the commission of any jackpot of a progressive slot machine if the (B) A licensee utilizing a wide-area pro- wide-area progressive system shall occur in limit imposed is greater than the possible gressive system must suspend play on the sys- two (2) phases— maximum jackpot payout on the slot machine tem if a communication failure in the system 1. The “initial approval” stage, wherein at the time the limit is imposed. The licensee cannot be corrected within a period of time the underlying gaming devices and any asso- must inform the public with a prominently approved by the commission prior to the ciated device or system, including all hard- posted notice of progressive slot machines commencement of play on the wide-area pro- ware and software, shall be subject to testing that have limits. Such notice shall clearly gressive system. If a communication failure by the commission or an independent testing occurs in a wide-area progressive system, the state the amount of the limits and must be laboratory designated by the commission; approved by the commission. licensee authorized to provide the system and review and approval by the commission. must take a reading during the time the sys- Testing shall include examination for adher- (4) A licensee shall not reduce the amount tem is down to make sure that the jackpot ence to the regulatory and technical standards displayed on a progressive jackpot meter or amount is the same at all excursion gambling adopted by the commission; and otherwise reduce or eliminate a progressive boats connected to the system before bringing 2. The “on-site testing” phase, wherein jackpot unless— the system that failed back online; a field inspection is conducted at the central (A) A player wins the jackpot; or (C) The licensee authorized to provide a computer site as well as multiple field sites to (B) The licensee adjusts the progressive wide-area system must keep a hard or elec- ensure compliance with these rules. Opera- jackpot meter to correct a malfunction or to tronic copy log of all events for a period of at prevent the display of an amount greater than least sixty (60) days; tion of the system will be authorized only a limit imposed pursuant to section (3) of this (D) Jackpot verification procedures must after the commission is satisfied that the sys- rule and the licensee documents the adjust- include the following: tem meets both the Phase I and Phase II test- ment and the reasons for it; or 1. When a jackpot is won, the licensee ing requirements, as well as any other (C) The licensee’s gaming operations at authorized to provide the wide-area system requirements that the commission may the establishment cease for any reason other may inspect the machine when accompanied impose to assure the integrity, security and than a temporary closure where the same by a gaming agent. The inspection shall legal operation of the wide-area progressive licensee resumes gaming operations at the include examining the critical program stor- system; same establishment within a month; or age media, the error events received by the (F) Any licensee authorized to provide a (D) The licensee distributes the incremen- central system, and any other data which wide-area progressive system, must supply tal amount to another progressive jackpot as could reasonably be used to ascertain the reports to the commission which support and approved in writing by the commission and— validity of the jackpot; verify the economic activity on the system; 1. The licensee documents the distribu- 2. The central system shall produce (G) Any licensee authorized to provide a tion; reports that will clearly demonstrate the wide-area progressive system, must supply, 2. Any machine offering the jackpot to method of arriving at the payoff amount. as requested, reports and information to the which the licensee distributes the incremental This shall include the amount contributed commission indicating the amount of, and amount does not require that more money be beginning at the polling cycle or data transfer basis for, the current jackpot amount (the played on a single play to win the jackpot immediately following the previous jackpot amount currently in play). Such reports shall than the machine from which the incremental and will include all amounts contributed up include an “aggregate report” and a “detail amount is distributed; to, and including, the polling cycle or data report.” The “aggregate report” shall show 3. Any machine offering the jackpot to transfer, which includes the jackpot signal. only the balancing of the system with regard which the incremental amount is distributed Amounts contributed to the system before the to system-wide totals. The “detail report” complies with the minimum theoretical pay- jackpot message is received will be deemed shall be in such form as to indicate for each out requirement of 11 CSR 45-5.190(1); and to have been contributed to the progressive machine, summarized by location, the 4. The distribution is completed within amount prior to the current jackpot. Amounts amount-in and amount-out totals as such thirty (30) days after the progressive jackpot contributed to the system subsequent to the terms are commonly understood in the indus- is removed from play or within a longer peri- jackpot message being received will be try. In addition, upon the invoicing of any

ROBIN CARNAHAN (2/28/07) CODE OF STATE REGULATIONS 17 Secretary of State 11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

licensee participating in a wide-area progres- disasters. The licensee authorized to provide expected value of winning the top award shall sive system, each such licensee must be given a wide-area progressive system shall be be conspicuously displayed on each device a printout of each machine at that licensee’s required to keep and maintain an entry and connected to the system. establishment linked to the system, the exit log for the office in a manner approved amount contributed by each machine to the by the commission. The commission shall at (6) Licensees shall preserve the records jackpot for the period for which an invoice is all times have the right to immediate access to required by this rule for at least five (5) years remitted, and any other information required the office containing the central monitoring after they are made unless the commission by the commission to confirm the validity of system and the system itself. If the licensee approves otherwise in writing. The records the licensee’s contributions to the jackpot operating the central monitoring system pro- should be stored in a location acceptable to amount; poses to locate the system outside the state of the commission. (H) The licensee authorized to provide a Missouri, the licensee shall reimburse the wide-area progressive system, must obtain commission for all reasonable and necessary (7) During the normal mode of progressive approval from the commission as to the meth- expenses incurred by its agents: slot machines, the progressive controller, or ods of funding the progressive prize pool and 1. To travel to the site to inspect the sys- other approved device must continuously calculating and receiving payments from par- tem’s configuration and operation prior to monitor each machine on the link for ticipating licensees for the provision of authorizing use of the system; amounts inserted and must multiply the equipment and services associated with the 2. To otherwise inspect the system loca- accepted amounts by the rate of progression wide-area progressive system; tion in connection with investigations con- and denomination in order to determine the (I) In calculating Adjusted Gross Receipts, cerning failures of the system or its operation; correct amounts to apply to the progressive a licensee may deduct its pro rata share of the or jackpot. The progressive display must be present value of any progressive jackpots 3. For such other reasons as the com- constantly updated, in a manner approved by awarded during the month. The deducted mission deems appropriate; the commission, as play on the link is contin- amount shall be listed on the detailed (M) The provider of the wide-area pro- ued. accounting records provided by the licensee gressive system may not allow any agent or authorized to provide the wide-area progres- employee to work on any component of the (8) Progressive slot machines shall not be sive system. A licensee’s contribution is system until that person has obtained a level multi-game or multi-denomination devices based on the amount-in from machines at that II occupational license from the commission; unless: licensee’s gaming establishment which are on however, the commission may require any (A) The computerized slot monitoring sys- the wide-area progressive system, compared agent or employee of the licensee to obtain a tem required by 11 CSR 45-5.220 separately to the total amount-in on the whole system for level I occupation license; and accurately accounts for the amount-in for the time period(s) between jackpot(s) award- (N) The licensee authorized to provide a each denomination and game, or all games ed; wide-area progressive system, must maintain offered for play by the devices contribute to (J) The right to receive the jackpot pay- a copy of all lease and contractual agreements the progressive jackpot; and ments may not be encumbered, assigned, or relating to the wide-area progressive system (B) The odds of attaining the winning com- otherwise transferred in any way by any win- and supply a copy to the commission upon bination are the same for each game; and ner, estate, or heir(s) of a deceased winner, request; (C) Each game requires the same maxi- except to the estate or heir(s) of such person (O) The licensee authorized to provide a mum wager to win the progressive jackpot, upon his/her death and that any attempt to wide-area progressive system shall ensure the or if requiring different maximum wagers, make a prohibited transfer may result in such wide-area progressive system prize fund (the utilizes the expected value of winning the top person forfeiting the right to receive future amount of money contributed by the partici- award by setting the odds of winning the top payments; pating licensees) is audited, in accordance award in proportion to the amount wagered. (K) In the event a licensee ceases opera- with generally accepted auditing standards, The method of equalizing the expected value tions and a progressive jackpot is awarded on the fiscal year-end of the licensee, by an of winning the top award shall be conspicu- subsequent to the last day of the final month independent certified public accountant ously displayed on each device connected to of operation, the licensee may not file an licensed by the Missouri State Board of the system. amended tax return or make claim for a gam- Accountancy pursuant to Chapter 326, ing tax refund based on its contributions to RSMo. Two (2) copies of this report must be (9) The odds of winning a progressive jack- that particular progressive prize pool; submitted to the commission upon issuance pot shall not be greater than one in fifty mil- (L) The central monitoring system for the of the audit report or ninety (90) days after lion (1:50,000,000) unless specifically wide-area progressive system must be in a the conclusion of the licensee’s fiscal year, approved in writing by the commission. location approved by the commission. The whichever occurs first. The cost of the audit office containing the central monitoring sys- shall be paid by the licensee providing the (10) Each progressive controller must be tem shall be secure and equipped with a wide-area progressive system; and housed in a secure, locked location which surveillance system that has been approved by (P) Gaming devices connected to a com- allows only authorized accessibility and the commission. The central monitoring sys- mon wide-area progressive system shall: which contains a progressive entry authoriza- tem shall employ on-line data redundancy 1. All require the same maximum tion log that is completed by any person gain- that permits a complete and prompt recovery wager; or ing entrance to the secured location. Both the of all information in the event of any mal- 2. If requiring different maximum location housing progressive controllers and function and utilize environmental controls wagers, utilize the expected value of winning the form on which entry is logged shall be such as uninterruptible power supplies and the top award by setting the odds of winning reviewed for approval by the commission fireproof and waterproof materials to protect the top award in proportion to the amount prior to use. The storage medium that con- critical hardware and software from natural wagered. The method of equalizing the tains the progressive controller program shall

18 CODE OF STATE REGULATIONS (2/28/07) ROBIN CARNAHAN Secretary of State Chapter 5—Conduct of Gaming 11 CSR 45-5

have a unique signature that allows program 1. The present value of the aggregate 30, 2004. Amended: Filed Jan. 18, 2005, verification by an agent of the commission remaining balances owed on all jackpots pre- effective Aug. 30, 2005. Amended: Filed Aug. through use of a commission approved verifi- viously won by patrons through the wide- 30, 2006, effective March 30, 2007. cation device. After verification the storage area progressive system; and medium shall be secured in the controller 2. An amount sufficient to fully fund the *Original authority: 313.004, RSMo 1993, amended 1994; 313.800, RSMo 1991, amended 1993, 1994, 2005; and with a commission security seal. The securi- present value of all amounts currently reflect- 313.805, RSMo 1991, amended 1993, 1994, 2000. ty seal must be affixed by and may only be ed on the progressive meters of the wide- broken and removed by an authorized com- area progressive systems; and mission agent. Additionally, each progressive (B) In addition, the licensee authorized to 11 CSR 45-5.210 Integrity of Electronic controller linking one (1) or more wide-area provide the wide-area system shall at all times Gaming Devices progressive slot machines must be housed in satisfy and be in compliance with the follow- a double-keyed compartment. A gaming ing ratios and tests: PURPOSE: This rule establishes the stan- 1. An interest coverage ratio of not less agent must be in possession of one (1) of the dards for the integrity of electronic gaming than three to one (3:1); and keys and no person may have access to the devices. 2. Debt to EBITDA (earnings before controller without the presence of a gaming interest, taxes, depreciation and amortization) agent. Normal operation of progressive gam- (1) Electronic gaming devices shall— of not more than four to one (4:1); and (A) As authorized by the commission, ing devices notwithstanding, communication 3. Satisfaction of one (1) of the follow- accept only electronic cards, tickets, to a progressive controller shall be permitted ing ratios and tests: coupons, credits, currency, or tokens as only by authorized personnel through A. A current ratio of not less than wagers; entrance to the controller’s secured location two to one (2:1); or (B) Be electronic in design and operation and who document such access and the pur- B. Working capital that is greater than and not be electromechanical or mechanical pose therefore on the progressive entry autho- twenty percent (20%) of the licensee’s total in operation; rization log. jackpot liability; or (C) Not subject a player to physical haz- C. Working capital in excess of one ards; (11) If this rule prescribes multiple items of hundred (100) million dollars and a credit rat- (D) Contain a surge protector on the line information to be displayed on a slot ing from at least two (2) of the following that feeds power to the electronic gaming machine, it is sufficient to have the informa - credit rating organizations equal to or higher device. A battery back-up or an equivalent tion displayed in an alternating fashion. than the following: shall be installed on the device for the elec- (I) Standard & Poor’s Corporate tronic meters and shall be capable of accu- (12) In addition to the metering requirements BBB−; rately maintaining all information required provided for in the Minimum Internal Con- (II) Moody’s Long-Term Baa3; or for thirty (30) days after power is discontin- trol Standards (MICS), each slot machine (III) Fitch Corporate BBB−. ued from the electronic gaming device. The attached to one (1) or more wide-area pro- battery back-up shall be kept within the gressive slot machine meters must have a sep- (15) The requirements of this rule shall apply locked logic area; arate software meter that counts the number equally to one (1) progressive gaming device (E) Have a secure and dedicated data proof times each primary progressive meter is linked to a progressive controller or which is tocol link to any central computer monitoring activated. internally controlled, as well as several pro- system, which shall be a closed system inac- gressive gaming devices linked to one (1) cessible to communication with any other (13) Each machine must have a separate key progressive controller within one (1) casino computer, device or mode of telecommunica- and key switch to reset the progressive meter or multiple casinos. tions unless otherwise approved by the com- or meters or another reset mecha nism that mission; has the approval of the director. (16) In addition to the requirements of this (F) Have an on/off switch that controls the rule, all licensees shall comply with Chapter electrical current used in the operation of the (14) Unless the commission has approved the E of the Minimum Internal Control Standards electronic gaming device and any associated payment of prizes by installments, a licensee as authorized by 11 CSR 45-9.030. equipment which shall be located in an acces- who has a progressive slot machine must sible place within its interior; AUTHORITY: sections 313.004 and 313.805, (G) Be designed so that it shall not be maintain minimum cash reserves in accor- RSMo 2000 and 313.800, RSMo Supp. adversely affected by magnetic, electromag- dance with 11 CSR 45-8.150. The commis- 2006.* Emergency rule filed Sept. 1, 1993, netic, electrostatic or radio frequency inter- sion must approve all such cash reserves. effective Sept. 20, 1993, expired Jan. 17, ference; Notwithstanding the provisions of 11 CSR 1994. Emergency rule filed Jan. 5, 1994, (H) If designed to accept physical tokens, 45-5.240 Periodic Payments, to the contrary, effective Jan. 18, 1994, expired Jan. 30, have at least one (1) electronic token accep- the commission shall require that the licensee 1994. Original rule filed Sept. 1, 1993, effec- tor. Token acceptors must be designed to authorized to provide a wide-area progressive tive Jan. 31, 1994. Amended: Filed Aug. 30, accept designated tokens and reject others. system— 1996, effective March 30, 1997. Amended: The token acceptor on an electronic gaming (A) Maintain in a restricted account a Filed July 2, 1997, effective Feb. 28, 1998. device must be designed to prevent the use of reserve consisting of cash, United States Amended: Filed May 13, 1998, effective Oct. cheating methods such as slugging, stringing, Government Treasury Securities, United 30, 1998. Amended: Filed Aug. 30, 2002, spooning, the insertion of foreign objects, States Government Agency Securities and/or effective March 30, 2003. Amended: Filed and other manipulation. All token acceptors Missouri state debt instruments of not less Jan. 24, 2003, effective Aug. 30, 2003. are subject to approval by the commission. than the sum of the following amounts: Amended: Filed Feb. 24, 2004, effective Oct. Tokens accepted but which are inappropriate

ROBIN CARNAHAN (2/28/07) CODE OF STATE REGULATIONS 19 Secretary of State 11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

token-ins must be rejected to the coin tray, able items be placed over this information. F. The set of games offered to the returned to the player by activa tion of the Additionally: player for selection or the pay-table can be hopper or printer or credited toward the next 1. If the game contains a bonus feature changed only by a secure method approved by play of the electronic gaming device. The including a game within a game, the follow- the commission, which includes turning on electronic gaming device control program ing rules shall be met: and off games available for play through a must be capable of handling rapidly fed A. The game shall display clearly to video screen interface; and tokens or simultaneously fed tokens so that the player which game rules apply to the cur- G. No changes to the set of games occurrences of inappropriate token-ins are rent game state; offered to the player for selection or to the prevented. Gaming devices, shall have sen- B. If the game requires obtaining sev- pay-table are permitted while there are cred- sors capable of determining the direction and eral events or symbols toward a bonus fea- its on the player’s credit meter or while a speed of token travel in the receiver and any ture, the number of events or symbols needed game is in progress; improper direction or coin traveling at too to trigger the bonus feature shall be indicated (O) Be capable of communication with a slow of a speed shall result in the electronic along with the number of events or symbols central computer system accessible to the gaming device going into an error condition; collected at any point; commission, using an industry standard data (I) Be designed so the internal space of the C. The game shall not adjust the like- protocol format approved by the commission; electronic gaming device is not readily acces- lihood of a bonus feature occurring based on (P) Be capable of continuing the current sible when the front door is both closed and the history of prizes obtained in previous game with all current game features after a locked; games; malfunction is cleared. This rule does not (J) Have its locked logic area(s) within the D. If a bonus game is triggered after apply if an electronic gaming device is ren- electronic gaming device and the critical pro- accruing a certain number of events or sym- dered totally inoperable. The current wager gram storage media housed therein sealed bols or combination of events or symbols of a and all credits appearing on the screen prior with commission security seals. The security different kind, the probability of obtaining to the malfunction shall be returned to the seals must be affixed by an authorized com- like events or symbols shall not decrease as patron; mission agent and must include the date, sig- the game progresses; and (Q) If designed to accept tokens, have nature or initials and identification number of E. The game display shall make it attached a drop bucket housed within a the agent. These seals may only be broken or clear to the player that the game is in a bonus locked compartment separate from any other removed by an authorized commission agent; mode; compartment of the electronic gaming device (K) Have a hopper contained in a locked 2. If a bonus feature requires extra cred- to collect and retain all tokens, diverted to the area within the electronic gaming device if its to be wagered and the game accumulates drop compartment; designed to dispense tokens. The electronic all winnings to a temporary win meter, the (R) Be capable of detecting and displaying gaming device control program shall ensure game shall: the following error conditions which an atten- the diverter directs tokens to the hopper or, in A. Provide a means where winnings dant must clear: the alternative, to the drop compartment on the temporary meter can be bet to allow 1. Token-in jam; when the token level in the hopper makes for instances where the player has an insuffi- 2. Token-out jam; contact with the diverter’s hopper-full sensor cient credit meter balance to complete the 3. Hopper empty or time-out; probe. Hopperless gaming devices shall feature; 4. Program error; always divert tokens to the drop compart- B. Transfer all credits on the tempo- 5. Hopper runaway or extra token paid ment; rary meter to the credit meter upon comple- out; (L) Contain no hardware or software tion of the feature; and 6. Reverse token-in; switches that alter the pay-tables or payout C. Provide the player an opportunity 7. Reel error; and percentages in its operation, other than as not to participate; 8. Door open; approved by the commission and which 3. If the game offers a menu of games to (S) Use a data communication protocol require access to a locked logic area; a player: which ensures that erroneous data or signals (M) Have an identification plate with the A. The methodology employed by a will not adversely affect the operation of the following information securely affixed by the player to select and discard a particular game electronic gaming device; manufacturer to the exterior of the electronic for play shall be clearly displayed on the (T) Display a Missouri Gaming Commis- gaming device cabinet: gaming device and easily followed; sion registration number permanently 1. Manufacturer; B. The gaming device shall be able to imprinted, affixed or impressed on the out- 2. Serial Number; clearly display to the player, at the player’s side of each electronic gaming device; 3. Model Number; and request, all games, game rules and pay-tables (U) Have the capacity to display on the 4. Date of manufacturer; before the player must commit to playing any front of each electronic gaming device its (N) Contain the rules of play for each elec- game; rules of play, character combinations requir- tronic gaming device displayed on the face or C. The player shall at all times be ing payouts and the amount of the related pay- screen. Rules shall be complete, clear and made aware of which game has been selected outs. In addition, the holder of a Class A easily understood. Each electronic gaming for play and is being played, as applicable; license shall display on each electronic gam- device must also display the credits wagered D. The player shall not be forced to ing device either— and the credits awarded for the occurrence of play a game just by selecting that game. The 1. A clear description of any merchan- each possible winning combination based on player shall be able to return to the main dise or thing of value offered as a payout, the number of credits wagered. All informa- menu; including the cash equivalent value of the tion required by this subsection must be kept E. It shall not be possible to start a merchandise or thing of value offered, the under glass or another transparent substance new game before the current play is complet- dates the merchandise or thing of value will and at no time may stickers or other removed and all game meters have been updated; be offered if the holder of a Class A license

20 CODE OF STATE REGULATIONS (2/28/07) ROBIN CARNAHAN Secretary of State Chapter 5—Conduct of Gaming 11 CSR 45-5

establishes a time limit upon initially offering D. Be readily identifiable to the elec- 11 CSR 45-5.220 Computer Monitoring the merchandise or thing of value and the tronic gaming device from which it was Requirements of Electronic Gaming availability or unavailability to the patron of removed; and Devices the optional cash equivalent value; or E. Have a separate lock to secure PURPOSE: This rule establishes computer 2. The name or a brief description of the access to the contents of the drop box, the merchandise or thing of value offered; pro- monitoring of electronic gaming devices. key to which shall not access any other area vided, however, a sign containing the infor- of the electronic gaming device; and mation specified in paragraph (1)(U)1. of this (1) The holder of a Class A license must have subsection shall be displayed in a prominent 5. Shall maintain sufficient electronic a computer connected to all electronic gam- location approved by the commission near the metering to report the: ing devices in the riverboat to record and electronic gaming device; A. Total monetary value of all items monitor the activities of these devices. Unless (V) Have a mechanical, electromechanical accepted; otherwise approved by the commission, elec- or electronic device that automatically pre- B. Total number of all items accepted; tronic gaming devices shall be operated on- cludes a player from operating the electronic C. Number of bills accepted for each line and in communications with a computer monitoring system approved by the commis- gaming device after a jackpot requiring a bill denomination; manual payout and requires an attendant to sion. This computer monitoring system shall D. Number of items accepted for each provide on-line, real-time monitoring and reactivate the electronic gaming device; item type; and (W) Be designed in such a manner that the data acquisition capability in the format and E. The last five (5) items accepted; microprocessor or equivalent which operates media approved by the commission. and the electronic gaming device is assigned a unique identification code, and that the criti- (Y) Have a tower light or candle located (2) The computer permitted by section (1) of this rule shall be designed and operated to cal program storage media is subject to conspicuously on top of the gaming device automatically perform and report functions authentication via an external third-party ver- that automatically illuminates when a player relating to electronic gaming device meters, ification tool approved by the commission; has won an amount or is redeeming credits and other exceptional functions and reports in (X) If designed to accept currency, tickets, the device cannot automatically pay, an error the riverboat as follows: or coupons, have a bill validator-acceptor condition has occurred, or a call attendant (A) Record the number and total value of device into which a patron may insert such condition has been initiated by the player. tokens placed in the electronic gaming device items in exchange for an equal value of elec- This requirement may be substituted for an for the purpose of activating play; tronic gaming device credits. Electronic audible alarm for bar-top style devices. (B) Record the number and total value of gaming devices containing bill validator- tokens deposited in the drop bucket of the acceptor devices: (2) Any electronic gaming device manufac- electronic gaming device; 1. May accept any single denomination turer holding a supplier license under the pro- (C) Record the number and total value of or combination of denominations of the fol- visions of 11 CSR 45-4 et seq. shall notify tokens automatically paid by the electronic lowing United States currency: gaming device as the result of a jackpot; A. One dollar ($1) bills; the commission of any malfunction or anomaly affecting the integrity or operation (D) Record the number and total value of B. Five dollar ($5) bills; tokens to be paid manually as the result of a of devices or systems provided under the C. Ten dollar ($10) bills; jackpot; D. Twenty dollar ($20) bills; scope of such license regardless of the gam- (E) Have an on-line computer alert and E. Fifty dollar ($50) bills; and ing jurisdiction in which the malfunction or alarm monitoring capability to insure direct F. One hundred dollar ($100) bills; anomaly occurred or was discovered. The scrutiny of any device malfunction, tamper- 2. May accept tickets and coupons in notification shall occur within forty-eight ing, or any open door to the electronic gam- compliance with established commission reg- (48) hours of the supplier licensee being ing device or drop area. In addition, any per- ulations; apprised of the malfunction or anomaly and son opening the electronic gaming device or 3. Shall have software programs that shall be in a format approved by the commis- drop area shall make an entry to that effect in enable the validator-acceptor to differentiate sion. the machine entry authorization log and the between genuine and counterfeit bills to a entry shall include the time, date, machine high degree of accuracy; AUTHORITY: sections 313.004, 313.800 and identity and reason for entry; 4. Shall be equipped with a bill valida- (F) Be capable of logging in and reporting 313.805, RSMo 2000.* Emergency rule filed tor-acceptor drop box to collect the currency, any revenue transactions not directly moni- tickets, and/or coupons inserted and accepted Sept. 1, 1993, effective Sept. 20, 1993, tored by token meter, such as tokens placed in by the bill validator-acceptor. The bill val- expired Jan. 17, 1994. Emergency rule filed the electronic gaming device as a result of a idator-acceptor drop box shall: Jan. 5, 1994, effective Jan. 18, 1994, expired fill and any tokens removed from the elec- A. Be housed in a locked compart- Jan. 30, 1994. Original rule filed Sept. 1, tronic gaming device in the form of a credit; ment separate from any other compartment of 1993, effective Jan. 31, 1994. Amended: (G) Identify any electronic gaming device the electronic gaming device; Filed May 13, 1998, effective Oct. 30, 1998. taken off-line or placed on-line with the com- B. Be accessible by a key that will Amended: Filed March 31, 2005, effective puter monitoring system, including the date, access only the bill validator-acceptor drop Oct. 30, 2005. time and electronic gaming device identifica- box and no other area of the electronic gam- tion number; and ing device; *Original authority: 313.004, RSMo 1993, amended 1994; (H) Not be connected to or accessible by C. Have a slot opening through which 313.800, RSMo 1991, amended 1993, 1994 and 313.805, any other computer, device or telecommuni- currency, tickets, or coupons can be inserted; RSMo 1991, amended 1993, 1994, 2000. cations link and possess adequate safeguards

ROBIN CARNAHAN (2/28/07) CODE OF STATE REGULATIONS 21 Secretary of State 11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

to prevent any such access, unless access has (3) Gaming shall be prohibited with any elec- sentative of the holder of a Class A license. If specifically been authorized by the commis- tronic gaming device which has not been reg- the malfunction cannot be cleared by other sion under conditions that have been speci- istered with the commission. means to the mutual satisfaction of the patron fied in the Class A and B licensee’s system of and the holder of a Class A license the elec- internal controls and approved by the com- (4) The holder of a Class A license shall not tronic gaming device will be subjected to an mission. operate an electronic gaming device in Mis- EPROM (erasable, programmable, read-only souri unless the electronic gaming device has memory) memory test to verify signature (3) The holder of an operator’s license shall a commission registration number. comparison by a commission agent. store, in machine-readable format, all information required by section (2) of this rule for (5) The supplier of the electronic gaming (2) In the event that the malfunction cannot the period of one (1) year. The holder of an device, after receiving the appropriate docu- be determined and corrected by this testing, operator’s license shall store all information mentation, will reimburse the commission for the electronic gaming device may be removed in a secure area and certify that this informa- any cost incurred in any evaluation process. from service and secured in a remote, locked tion is complete and unaltered. This informa- compartment. The electronic gaming device tion shall be available in the format and (6) The holder of a Class A license shall not may then be transported to an industry-rec- media approved by the commission. alter the operation of registered electronic ognized laboratory selected by the commis- gaming devices and shall maintain the elec- sion where the device will be fully analyzed (4) The commission surveillance room for the tronic gaming devices in a suitable condition. to determine the status and cause of the mal- sole accessibility of commission personnel Each holder of a Class A license shall keep a function. All costs for transportation and provided in accordance with these rules shall- written list of any repairs made to electronic analysis will be borne by the holder of a house a secured dedicated computer monitor- gaming devices offered for play to the public. Class A license and the commission will bill ing line which provides computer accessibili- Repairs include, without limitation, replace- the holder of a Class A license. ty to commission personnel to review, ment of parts that may affect the game’s out- monitor and record data identical to that come. The holder of a Class A license shall AUTHORITY: sections 313.004, 313.800 and specified in this rule. make the list available for inspection by the 313.805, RSMo 1994.* Emergency rule filed commission upon request. Sept. 1, 1993, effective Sept. 20, 1993, AUTHORITY: sections 313.004, 313.800 and expired Jan. 17, 1994. Emergency rule filed 313.805, RSMo 1994.* Emergency rule filed (7) The holder of a Class A license shall keep Jan. 5, 1994, effective Jan. 18, 1994, expired Sept. 1, 1993, effective Sept. 20, 1993, a written list of the date of each distribution, Jan. 30, 1994. Original rule filed Sept. 1, expired Jan. 17, 1994. Emergency rule filed the serial number of each electronic gaming 1993, effective Jan. 31, 1994. Amended: Jan. 5, 1994, effective Jan. 18, 1994, expired device and the commission registration num- Filed May 13, 1998, effective Oct. 30, 1998. Jan. 30, 1994. Original rule filed Sept. 1, ber. 1993, effective Jan. 31, 1994. Amended: *Original authority: 313.004, RSMo 1993, amended 1994; (8) The holder of a Class A license shall not 313.800, RSMo 1991, amended 1993, 1994 and 313.805, Filed June 2, 1995, effective Dec. 30, 1995. RSMo 1991, amended 1993, 1994. Amended: Filed June 25, 1996, effective Feb. dispose of any electronic gaming device with- 28, 1997. Amended: Filed Dec. 17, 1996, out prior written approval of the commission. effective July 30, 1997. Amended: Filed May 11 CSR 45-5.237 Shipping of Electronic AUTHORITY: sections 313.004, 313.800 and 13, 1998, effective Oct. 30, 1998. Gaming Devices, Gaming Equipment or 313.805, RSMo 1994.* Emergency rule filed Supplies *Original authority: 313.004, RSMo 1993, amended 1994; Sept. 1, 1993, effective Sept. 20, 1993, 313.800, RSMo 1991, amended 1993, 1994 and 313.805, expired Jan. 17, 1994. Emergency rule filed PURPOSE: This rule requires licensees to RSMo 1991, amended 1993, 1994. Jan. 5, 1994, effective Jan. 18, 1994, expired notify the Missouri Gaming Commission Jan. 30, 1994. Original rule filed Sept. 1, prior to shipping electronic gaming devices 1993, effective Jan. 31, 1994. Amended: into, out of, or within the state. 11 CSR 45-5.230 Certification and Regis- Filed May 13, 1998, effective Oct. 30, 1998. tration of Electronic Gaming Devices (1) Licensees shipping electronic gaming *Original authority: 313.004, RSMo 1993, amended 1994; devices or gaming equipment/supplies as PURPOSE: This rule establishes the certifi- 313.800, RSMo 1991, amended 1993, 1994 and 313.805, RSMo 1991, amended 1993, 1994. defined in 11 CSR 45-1.090 with the excep- cation and registration of electronic gaming tion of critical program storage media as devices. defined in 11 CSR 45-1.090, into, out of, or 11 CSR 45-5.235 Analysis of Questioned within Missouri, must file on a form speci- (1) The commission will review all electron- Electronic Gaming Devices fied by the commission notice at least five (5) ic gaming devices for proper mechanical and days prior to such shipment. electronic functioning. Before certification of PURPOSE: This rule establishes the process an electronic gaming device, the commission for analysis of questioned electronic gaming (2) Critical program storage media shall be may employ the services of an independent devices. approved for use in the state prior to ship- electronics laboratory to evaluate the device. ment and shall be shipped separately from (1) If the operation of any electronic gaming electronic gaming devices unless otherwise (2) After completing evaluations of the elec- device is questioned by any holder of a Class approved in writing by the commission. tronic gaming device, the commission may A license, patron or commission agent, the certify the electronic gaming device for reg- questioned device will be examined in the AUTHORITY: sections 313.004, 313.805 and istration. presence of a commission agent and a repre- 313.807.4, RSMo 2000.* Original rule filed

22 CODE OF STATE REGULATIONS (2/28/07) ROBIN CARNAHAN Secretary of State Chapter 5—Conduct of Gaming 11 CSR 45-5

Sept. 2, 1997, effective March 30, 1998. from an unallocated pool of assets to winning section, the fact that periodic payments are Amended: Filed April 3, 2001, effective Oct. patrons which must expressly prohibit the utilized for total amounts offered as a prize to 30, 2001. Amended: Filed Oct. 31, 2005, winners from encumbering, assigning or oth- a patron. effective May 30, 2006. Amended: Filed June erwise transferring in any way their rights to 19, 2006, effective Feb. 28, 2007. receive the deferred portion of the winnings (8) Whenever there is an award of winnings to except to their estates. The assets of the trust be made by periodic payments, and the Class *Original authority: 313.004, RSMo 1993, amended 1994; must consist of federal government securities A licensee fails to fund the periodic payments 313.805, RSMo 1991, amended 1993, 1994, 2000; and as required by this rule, the licensee shall 313.807, RSMo 1991, amended 1993, 2000. including, but not limited to, treasury bills, treasury bonds, savings bonds or other feder- immediately notify the commission in writing ally guaranteed securities in an amount suffi- and shall immediately cease offering any 11 CSR 45-5.240 Periodic Payments cient to meet the periodic payment(s) as licensed game, tournament, contest or pro- required; or motional activity for which periodic pay- PURPOSE: This rule establishes the process (C) Another irrevocable method of provid- ments are utilized. of periodic payments. ing the periodic payments to a winning patron consistent with the purpose of this rule and (9) The commission may waive one (1) or (1) Except as provided in this rule, a holder which is approved by the commission. more of the requirements of this rule if it of a Class A license shall remit the total win- makes a written finding that the waiver is nings and noncash prizes awarded to a patron (4) The funding of the periodic payments consistent with the public policy set forth in as the result of any licensed game, tourna- must be completed within thirty (30) days of the Act. ment, contest, or promotional activity upon the date the patron wins or is awarded a prize. validation of the win. AUTHORITY: sections 313.004, 313.800 and (5) Periodic payments must not be used for 313.805, RSMo 1994.* Emergency rule filed (2) For the purpose of this rule, the following winnings of or noncash prizes worth one hun- Sept. 1, 1993, effective Sept. 20, 1993, words have the following meanings: dred thousand dollars ($100,000) or less. expired Jan. 17, 1994. Emergency rule filed (A) Independent financial institution Periodic payments for total amounts won Jan. 5, 1994, effective Jan. 18, 1994, expired means— greater than one hundred thousand dollars Jan. 30, 1994. Original rule filed Sept. 1, 1. A financial institution licensed by ($100,000) shall be paid as follows: 1993, effective Jan. 31, 1994. Amended: (A) For amounts won greater than one Missouri or a national institution with an Filed May 13, 1998, effective Oct. 30, 1998. hundred thousand dollars ($100,000), but office in Missouri; or less than two hundred thousand dollars 2. An insurance company admitted to *Original authority: 313.004, RSMo 1993, amended 1994; ($200,000), payments must be at least ten 313.800, RSMo 1991, amended 1993, 1994 and 313.805, transact insurance in Missouri with an A.M. thousand dollars ($10,000) annually; RSMo 1991, amended 1993, 1994. Best Insurance rating of A or another equiva- (B) For amounts won of two hundred thou- lent rating; and sand dollars ($200,000) or more, payments 3. One which is not affiliated through must be no less than one-twentieth (1/20) of 11 CSR 45-5.250 Finder’s Fees common ownership with a gaming licensee; the total amount annually; and (B) Periodic payments means a series of (C) The first payment must be made upon PURPOSE: This rule establishes a process payments that are paid at least annually; and validation of the win. for finder’s fees. (C) Trust means an irrevocable fiduciary relationship in which one (1) person is the (6) Periodic payments of noncash prizes may (1) Except as limited by section (2) of this holder of the title to property subject to an only be offered if the patron shall have the rule, the term finder’s fee means any com- equitable obligation to keep or use the prop- right to elect whether to receive the noncash pensation in money in excess of the sum of erty for the benefit of another. prize or cash equivalent of the noncash prize ten thousand dollars ($10,000), or real or each time a periodic payment is to be made. personal property valued in excess of the sum (3) Periodic payments of winnings and non- The cash equivalent shall be the actual cost to of ten thousand dollars ($10,000) which is cash prizes awarded to a patron as a result of the licensee of the noncash prize on the day paid or transferred or agreed to be paid or any licensed game, tournament, contest or the prize is won. The amount of the periodic transferred to any person in consideration for promotional activity may be made if the payments to be funded shall be determined by the arranging or negotiation of an extension method of funding the periodic payments pro- the present value of the cash equivalent of the of credit to a holder of a Class A license, a vides these payments to a winning patron by noncash prize. registered company, or applicant for licensing establishing— or registration if the proceeds of the extension (A) An irrevocable surety bond or an irre- (7) For any licensed game, tournament, con- of credit are intended to be used for any of vocable letter of credit with an independent test or promotional activity for which period- the following purposes: financial institution which provides periodic ic payments are utilized, the licensee must (A) To acquire an interest in a gaming payments to a winner should the licensee display signs on each gaming device or, if no establishment or registered company; and default for any reason. The written agreement gaming device is used, then the licensee must (B) To finance the gaming operations of a establishing an irrevocable surety bond or the display signs in each gaming, promotional, licensed gaming establishment. irrevocable letter of credit shall be submitted tournament or contest area specifically set- to the commission for approval; ting forth either the amount or terms of the (2) The term finder’s fee shall not include: (B) An irrevocable trust with an indepen- payment to be made each time a periodic pay- (A) Compensation to the person who dent financial institution in accordance with a ment is to be made. The licensee must extends the credit; written trust agreement approved by the com- include in all radio, television or print adver- (B) Normal and customary payments to mission, which provides periodic payments tising regarding the activities set forth in this employees of the person to whom the credit is

ROBIN CARNAHAN (2/28/07) CODE OF STATE REGULATIONS 23 Secretary of State 11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

extended if the arranging or negotiation of (F) Have its weight equally distributed 11 CSR 45-5.265 Dice—Receipt, Storage, credit is part of their normal duties; throughout the cube and no side of the cube Inspections and Removal from Use (C) Normal and customary payments for heavier or lighter than any other side of the bona fide professional services rendered by cube; PURPOSE: The purpose of this rule is to lawyers, accountants, engineers and apprais- (G) Have its six (6) sides bearing white cir- establish procedures for the handling of dice ers; and cular spots from one to six (1)–(6) respec- within the gambling operation. (D) Underwriting discounts paid to a mem- tively with the diameter of each spot equal to (1) When dice for use in the riverboat gam- ber of the National Association of Securities the diameter of every other spot on the die; ing operation are received from the licensed Dealers, Inc. (H) Have spots arranged so that the side supplier, they shall, immediately following containing one (1) spot is directly opposite (3) It is an unsuitable method of operation for receipt, be inspected by a member of the casi- the side containing six (6) spots, the side con- any holder of a Class A license, registered no security department or casino accounting taining two (2) spots is directly opposite the company or applicant for licensing or regis- department and a casino supervisor to assure side containing five (5) spots and the side tration to pay a finder’s fee without the prior that the seals on each box are intact, unbro- containing three (3) spots is directly opposite approval of the commission. An application ken and free from tampering. Boxes that do for approval of payment of a finder’s fee shall the side containing four (4) spots; each spot not satisfy these criteria shall be inspected at make a full disclosure of all material facts. shall be placed on the die by drilling into the this time to assure that the dice conform to The commission may disapprove any such surface of the cube and filling the drilled out commission standards and are completely in application if the person to whom the finder’s portion with a compound which is equal in a condition to assure fair play. Boxes satisfy- fee is proposed to be paid does not demon- weight to the weight of the cellulose drilled ing these criteria, together with boxes having strate that s/he is suitable to hold a state gam- out and which forms a permanent bond with unbroken, intact and untampered seals shall ing license. the cellulose cube, and shall extend into the then be placed for storage in a locked cabinet cube exactly the same distance as every other in the cashiers’ cage or within a primary or AUTHORITY: sections 313.004 and 313.805, spot extends into the cube to an accuracy tol- secondary storage area. Dice which are to be RSMo 1994.* Emergency rule filed Sept. 1, erance of .0004 of an inch (.0004"); and distributed to gaming pits or tables for use in 1993, effective Sept. 20, 1993, expired Jan. (I) Have the name or trade name of the gaming shall be distributed from a locked 17, 1994. Emergency rule filed Jan. 5, 1994, Class A licensee in which the die is being cabinet in the cashiers’ cage or from another effective Jan. 18, 1994, expired Jan. 30, used imprinted or impressed thereon. secure primary storage area, the location and 1994. Original rule filed Sept. 1, 1993, effec- physical characteristics of which shall be tive Jan. 31, 1994. Amended: Filed May 13, (2) Each die used in gaming at pai gow poker approved by the commission. Secondary storage areas shall be used for the storage of sur- 1998, effective Oct. 30, 1998. shall comply with the requirements of section plus dice. Dice maintained in secondary stor- (1) above except as follows: age areas shall not be distributed to gaming *Original authority: 313.004, RSMo 1993 and 313.805, (A) Each die shall be formed in the shape RSMo 1991, amended 1993, 1994. pits or tables for use in gaming until the dice of a perfect cube nor larger than .8 of an inch have been moved to a primary storage area. (.8") on each side; All secondary storage areas shall be located 11 CSR 45-5.260 Dice Specifications (B) Instead of the name or trade name of in secure areas, the location and physical the Class A licensee, the commission may characteristics of which shall be approved by PURPOSE: The purpose of this rule is to approve an identifying mark or logo to be the commission. establish minimum standards for dice used imprinted or impressed on each die; for gambling games. (C) The spots on each die do not have to be (2) All primary and secondary storage areas, equal in diameter; other than the cashiers’ cage, shall have two (1) Except as otherwise provided in section (D) Edges and corners may be beveled so (2) separate locks. The casino security (2) below, each die used in gaming shall— long as beveling is similar on each edge and department shall maintain one (1) key and the (A) Be formed in the shape of a perfect each corner; and casino department or cashiers’ cage shall cube and of a size no smaller than .750 of an (E) Tolerances required by subsection maintain the other key; provided, however, inch (.750") on each side nor any larger than (1)(H) of this regulation as applied to pai gow that no person employed by the casino depart- .775 of an inch (.775") on each side; poker dice shall require accuracy of only .004 ment below the assistant shift manager in the (B) Be transparent and made exclusively of of an inch (.004"). organization hierarchy shall have access to cellulose except for the spots, name or trade the casino department key. Dice stored in a name of the Class A licensee and serial num- AUTHORITY: sections 313.004, 313.805 and cabinet within the cashiers’ cage shall be bers or letters contained thereon; 313.830, RSMo 1994 and 313.845, RSMo secured by a lock, the key to which shall be (C) Have the surface of each of its sides maintained by an assistant shift manager or Supp. 1997.* Original rule filed Dec. 17, perfectly flat and the spots contained in each casino supervisor thereof. side perfectly flush with the area surrounding 1996, effective Aug. 30, 1997. Amended: them; Filed Feb. 19, 1998, effective Aug. 30, 1998. (3) Immediately prior to the commencement (D) Have all edges and corners perfectly Amended: Filed May 13, 1998, effective Jan. of each gaming day and at such other times as square and forming perfect ninety degree 30, 1999. may be necessary, the assistant shift manager (90°) angles; or casino supervisor thereof, in the presence (E) Have the texture and finish of each side *Original authority: 313.004, RSMo 1993, amended 1994; of a casino security officer, shall remove the 313.805, RSMo 1991, amended 1993, 1994; 313.830, exactly identical to the texture and finish of RSMo 1991, amended 1993; and 313.845, RSMo 1991, appropriate number of dice for that gaming all other sides; amended 1993, 1994, 1995. day from a primary storage area.

24 CODE OF STATE REGULATIONS (2/28/07) ROBIN CARNAHAN Secretary of State Chapter 5—Conduct of Gaming 11 CSR 45-5

(4) All envelopes and containers used to hold directly to the casino supervisor identified in 2. The dice shall be inspected with a or transport preinspected dice to the casino paragraph (5)(B)2. below who will perform micrometer or any other approved instrument floor or casino simulcasting facility and those the inspection in each pit; which performs the same function, a balanc- collected by security at the end of each shift 2. The inspection of dice at the pit stand ing caliper, a steel set square and a magnet to or gaming day shall be transparent. shall be performed by a craps supervisor in ensure that the dice are in a condition to (A) The envelopes or containers and the the presence of another craps supervisor, nei- assure fair play and otherwise conform to method used to seal them shall be designed or ther of whom shall be a pit boss or a casino sections 313.800 to 313.850, RSMo and the constructed so that any tampering shall be supervisor thereof; rules of the commission. These instruments evident. 3. To ensure that the dice are in a con- shall be maintained in the storage area and (B) The envelopes or containers and seals dition to assure fair play and otherwise con- shall be at all times readily available for use shall be approved by the commission. form to sections 313.800 to 313.850, RSMo by the commission upon request; and the rules of the commission, the dice (5) All dice shall be inspected and distribut- 3. After completion of the inspection, shall be inspected with a micrometer or any the person performing the inspection shall ed to the gaming tables in accordance with other approved instrument which performs seal the dice as follows. After each set of at one (1) of the following applicable alterna- the same function, a balancing caliper, a steel least five (5) dice are inspected, they shall be tives: set square and a magnet, which instruments placed in a sealed envelope or container; (A) Alternative No. 1. Distribution to and shall be kept at the pit stand and shall be at provided, however, that reserve dice may be inspection at craps tables— all times readily available for use by the com- 1. The assistant shift manager or casino mission upon request. The inspection shall placed in individual sealed envelopes or con- supervisor thereof and the casino security be performed on a flat surface which allows tainers. A label that identifies the date of the officer who removed the dice from the pri- the dice inspection to be observed through inspection and contains the signatures of mary storage area shall distribute sufficient closed circuit television cameras and by any those responsible for the inspection shall be dice directly to the craps supervisor in each persons in the immediate vicinity of the pit attached to each envelope or container; craps pit or place them in a locked compart- stand; 4. At the beginning of each gaming day ment in the pit stand, keys to which shall be 4. After completion of the inspection, and at such other times as may be necessary, in the possession of the pit boss or a casino the dice shall be distributed as follows. The an assistant shift manager or casino supervi- supervisor thereof; craps supervisor who inspected the dice sor thereof and a casino security officer shall 2. At the time of receipt, a boxperson at shall, in the presence of the other casino distribute the dice as follows. The sealed each craps table, in order to ensure that the supervisor who observed the inspection, dis- envelopes or containers of dice shall be dis- dice are in a condition to assure fair play and tribute such dice to the boxperson at each tributed to a pit boss in each craps pit or otherwise conform to sections 313.800 to craps table. The boxperson shall, in the pres- placed in a locked compartment in the pit 313.850, RSMo and the rules of the commis- ence of the dealer, place the dice in a cup on sion, shall, in the presence of the dealer, stand by the pit boss. When the sealed dice the table for use in gaming and while the dice inspect the dice given to him/her with a are distributed to the craps table, a box per- are at the table they shall never be left unat- micrometer or any other approved instrument son, at each craps table, after assuring the which performs the same function, a balanc- tended; and seals are intact and free from tampering, shall ing caliper, a steel set square and a magnet, 5. The pit boss shall place extra sets of open the sealed envelope or container, in the which instruments shall be kept in a com- dice for dice reserve in the pit stand, as fol- presence of the dealer, and place the dice in a partment at each craps table or pit stand and lows: cup on the table for use in gaming. While shall be at all times readily available for use A. Dice in the pit stand shall be dice are on the table, they shall never be left by the commission upon request; and placed in a locked compartment, keys to unattended; 3. Following this inspection— which shall be in the possession of the pit 5. When the envelope or container or A. The boxperson shall in the pres- boss or a casino supervisor thereof; and the seal is damaged, broken or shows indica- ence of the dealer place the dice in a cup on B. All dice taken from the reserve tion of tampering, the dice shall not be used shall be reinspected by a casino supervisor in the table for use in gaming, and while the for gaming activity unless the dice are rein- the presence of another casino supervisor in dice are at the table, they shall never be left spected in accordance with the procedures in accordance with the inspection procedures set unattended; and subsection (5)(A) or (5)(B) above; forth in paragraphs (5)(B)2. and 3. above, B. The pit boss shall place extra dice 6. The pit boss shall place extra sets of prior to their use for actual gaming; provid- for dice reserve in the pit stand. Dice in the dice for dice reserve in the pit stand. Dice in pit stand shall be placed in a locked compart- ed, however, that if previously inspected the pit stand shall be placed in a locked com- ment, keys to which shall be in the possession reserve dice are maintained in a locked compartment, keys to which shall be in the pos- of the pit boss or a casino supervisor there- partment under dual key control as approved session of the pit boss or casino supervisor of. No dice taken from the reserve shall be by the commission, the reserve dice may be used for actual gaming until and unless used for gaming without being reinspected; thereof; inspected in accordance with paragraph or 7. A micrometer or any other approved (5)(A)2. above. (C) Alternative No. 3. Inspection in pri- instrument which performs the same func- (B) Alternative No. 2. Distribution to and mary storage area and distribution to tables— tion, a balancing caliper, a steel set square inspection at the pit stand— 1. Inspection of dice in an approved pri- and a magnet shall also be maintained in a 1. The assistant shift manager or casino mary storage area shall be performed by a locked compartment in each pit stand, and supervisor thereof and the casino security craps supervisor, in the presence of an assis- each such instrument shall be at all times officer who removed the dice from the pri- tant shift manager or casino supervisor there- readily available for use by the commission mary storage area shall distribute the dice of, and a casino security officer; upon request; and

ROBIN CARNAHAN (2/28/07) CODE OF STATE REGULATIONS 25 Secretary of State 11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

8. Any primary storage area in which sealed envelope or container, with a label age area and, if any, the dice in dice reserve; dice are inspected in accordance with this attached to each envelope or container which and alternative, shall be equipped with closed cir- identifies the date and time and is signed by (C) A physical inventory of the dice at least cuit television camera coverage capable of the pit boss. once every three (3) months. observing the entire inspection procedure. 1. This inventory shall be performed by (9) At the end of each gaming day or, in the an individual with no incompatible functions (6) The casino licensee shall remove any dice alternative, at least once each gaming day at and shall be verified to the balance of dice on at any time of the gaming day if there is any the same time each day, as designated by the hand required in paragraph (11)(A)1. above. indication of tampering, flaws or other casino licensee and approved by the commis- 2. Any discrepancies shall immediately defects that might affect the integrity or fair- sion, and at such other times as may be nec- be reported to the commission. ness of the game, or at the request of the essary, a casino security officer shall collect commission. and sign all envelopes or containers of used (12) Destruction and/or Cancellation. dice and any dice in dice reserve that are to (A) Cancellation shall occur by drilling a (7) At the end of each gaming day or at such be destroyed or cancelled and shall transport circular hole of at least three-sixteenths of other times as may be necessary, the casino them to the casino security department for one inch (3/16") in diameter through the cen- supervisor identified in subsection (7)(A) cancellation or destruction. The casino secu- ter of each dice. below shall visually inspect each die for evi- rity officer shall also collect all triplicate (B) Destruction shall occur by shredding. dence of tampering. Such evidence discov- copies of Dice Discrepancy Reports, if any. (C) The destruction and cancellation of ered at this time or at any other time shall be No dice that have been placed in a cup for use dice shall take place in a secure place, the immediately reported to the commission by in gaming shall remain on a table for more location and physical characteristics of which the completion and delivery of an approved than twenty-four (24) hours. shall be approved by the commission. Dice Discrepancy Report. (A) The inspection required by this sub- (10) At the end of each gaming day or, in the (13) This rule shall not apply to pai gow section shall be performed by a craps super- alternative, at least once each gaming day at poker dice. visor other than the one who originally the same time each day, as designated by the AUTHORITY: sections 313.004, 313.805, inspected the dice. casino licensee and approved by the commis- 313.830, RSMo 1994 and 313.845, RSMo (B) Any dice showing evidence of tamper- sion, and at such other times as may be nec- ing shall be placed in a sealed envelope or Supp. 1997.* Original rule filed Dec. 17, essary, an assistant shift manager or casino container. 1996, effective Aug. 30, 1997. Amended: supervisor thereof may collect all extra dice 1. A label shall be attached to each Filed Feb. 19, 1998, effective Aug. 30, 1998. in dice reserve. envelope or container which shall identify the (A) If collected, dice shall be returned to table number, date and time and shall be *Original authority: 313.004, RSMo 1993, amended 1994; the primary storage area; provided, however, signed by the boxperson and casino supervi- 313.805, RSMo 1991, amended 1993, 1994; 313.830, that any dice which have not been inspected RSMo 1991, amended 1993; and 313.845, RSMo 1991, sor. and sealed pursuant to the requirements in amended 1993, 1994, 1995. 2. A casino supervisor or casino securi- subsection (5)(C) (Alternative No. 3) above ty officer responsible for delivering the dice shall, prior to use for actual gaming, be to commission agent located at the gaming 11 CSR 45-5.270 Safety Standards for inspected in accordance with the require- facility and shall also sign the label. Electronic Gaming Devices 3. The commission agent receiving the ments in subsection (5)(A) or (5)(B) above. dice shall sign the original, duplicate and (B) If not collected, all dice in dice reserve PURPOSE: This rule establishes safety stan- triplicate copy of the Dice Discrepancy must be reinspected in accordance with one dards for electronic gaming devices. Report and retain the original at the commis- (1) of the alternatives listed in section (5) sion office. The duplicate copy shall be deliv- above, prior to their use for gaming, except (1) All Class A licensees shall be responsible ered to the deputy director for enforcement for those dice maintained in a locked com- for ensuring that all electronic gaming and the triplicate copy shall be returned to the partment pursuant to subparagraph (5)(B)5.B. devices in operation on the excursion gam- pit and maintained in a secure place within or paragraph (5)(C)6. above. bling boat meet the following safety require- the pit until collection by a casino security ments: officer. (11) The casino licensee shall submit to the (A) Electrical and mechanical parts and (C) All other dice shall be put into commission for approval procedures for— design principles must not subject a player to envelopes or containers at this time. (A) A dice inventory system which shall physical hazards; and 1. A label shall be attached to each include, at a minimum, the recordation of the (B) Spilling a conductive liquid on the envelope or container which shall identify the following: electronic gaming device must not create a table number, date and time and shall be 1. The balance of dice on hand; safety hazard or alter the integrity of the elec- signed by the appropriate persons identified 2. The dice removed from storage; tronic gaming device’s performance; and in paragraph (7)(B)1. above. 3. The dice returned to storage or (C) The power supply used in an electron- 2. The envelope or container shall be received from the manufacturer; ic gaming device must be designed to make appropriately sealed and maintained in a 4. The date of the transaction; and minimum leakage of current in the event of an secure place within the pit until collection by 5. The signatures of the individuals intentional or inadvertent disconnection of a casino security officer. involved. the alternate current power ground; and (B) A reconciliation on a daily basis of the (D) Electronic gaming devices must be (8) All extra dice in dice reserve that are to dice distributed, the dice destroyed and can- Underwriter’s Laboratories approved or be destroyed or cancelled shall be placed in a celled, the dice returned to the primary stor- equivalent by January 1, 1998.

26 CODE OF STATE REGULATIONS (2/28/07) ROBIN CARNAHAN Secretary of State Chapter 5—Conduct of Gaming 11 CSR 45-5

(2) All Class A licensees are responsible for not limited to, underage gambling as defined (2) Notwithstanding any other provision of ensuring that a surge protector is installed on in section 313.817.4, RSMo, occurring on this chapter to the contrary, no Class A each electronic gaming device that is in oper- excursion gambling boats. licensee may conduct bingo games on an ation on the excursion gambling boat. excursion gambling boat. (A) Surge protection can be internal to the (2) All moneys, coin, and currency found in power supply or external. close proximity of wagers, or of records of (3) No Class A licensee may lease or donate wagers are presumed forfeited. The burden of any part of its premises to another person or (3) A battery backup device must be installed proof is upon the claimant of the property to organization for the purpose of conducting and capable of maintaining accuracy of rebut this presumption. bingo games. required electronic meter information after power is discontinued from the electronic (3) Seizure may be effected by a law enforce- AUTHORITY: sections 313.004 and 313.805, gaming device. The device must be kept ment officer authorized to enforce the crimi- RSMo 2000.* Original rule filed Dec. 7, within the locked or sealed logic board com- nal laws of this state prior to the filing of a 2001, effective June 30, 2002. Amended: partment and be capable of sustaining stored petition and without a writ of seizure if the Filed July 9, 2004, effective Jan. 30, 2005. information for one hundred eighty (180) seizure is incident to a lawful arrest, search, or inspection and the officer has cause to *Original authority: 313.004, RSMo 1993, amended 1994; days. 313.805, RSMo 1991, amended 1993, 1994, 2000. believe the property is subject to forfeiture. AUTHORITY: sections 313.004, 313.800 and Within four (4) days of the date of seizure, 313.850, RSMo 1994.* Original rule filed such seizure shall be reported by said officer Feb. 19, 1997, effective Aug. 30, 1997. to the attorney general; and if in the opinion Amended: Filed May 13, 1998, effective Oct. of the attorney general forfeiture is warrant- 30, 1998. Amended: Filed Jan. 5, 1998, ed, the attorney general shall, within ten (10) effective July 30, 1999. days after receiving notice of seizure, file a petition for forfeiture with the circuit court of *Original authority: 313.004, RSMo 1993, amended 1994; the county in which the property is located or 313.800, RSMo 1991, amended 1992, 1993, 1994; and seized. The petition shall state the date and 313.850, RSMo 1993. place of seizure. The burden of proof will be on the commission to prove all allegations 11 CSR 45-5.280 Forfeiture of Illegal Win- contained in the petition. nings AUTHORITY: section 313.832, RSMo 1994.* Emergency rule filed Nov. 10, 1997, effective PURPOSE: This rule establishes the proce- Nov. 20, 1997, expired May 18, 1998. Orig- dure under section 313.832, RSMo for the inal rule filed Nov. 10, 1997, effective June commission to seize winnings won by exclud- 30, 1998. Amended: Filed May 13, 1998, ed persons under section 313.805(7), RSMo, effective Oct. 30, 1998. including disassociated persons under 11 CSR 45-17; in exchange for a bribe intended to *Original authority: 313.832, RSMo 1991. affect the outcome of a gambling game under 313.832.1(1), RSMo; or in violation of sections 313.800 to 313.840, RSMo. 11 CSR 45-5.290 Bingo Games (1) Any Class A licensee or other person shall forfeit anything of value, including all PURPOSE: This rule prohibits casinos from traceable proceeds, including but not limited conducting bingo games on excursion gam- to, real and personal property, moneys, nego- bling boats. tiable instruments, securities, and con- veyances, if the item was used for any of the (1) The following words and terms, when following: used in this rule, shall have the following (A) In exchange for a bribe intended to meanings: affect the outcome of a gambling game; or (A) “Bingo games,” all games commonly (B) In exchange for or to facilitate a viola- known as bingo as defined in section tion of sections 313.800 to 313.840, RSMo, 313.005(1), RSMo, and any variation there- including, but not limited to: of, including but not limited to electronic 1. As amounts wagered by and claimed bingo games, bingo games, played on elec- to be won by excluded persons under section tronic gaming devices, and promotional bingo 313.805(7), RSMo, and 11 CSR 45-15; games; 2. As amounts wagered by and claimed (B) “Promotional bingo games,” all bingo to be won by disassociated persons under sec- games offered by a Class A licensee to their tions 313.805(7), RSMo, and 11 CSR 45-17; patrons in order to directly or indirectly pro- or mote the licensee’s gambling games, whether 3. As amounts wagered in or claimed to or not the licensee receives consideration be won from illegal gambling, including, but from the patrons playing the bingo games.

ROBIN CARNAHAN (2/28/07) CODE OF STATE REGULATIONS 27 Secretary of State