Operations

Title 13: Gaming Part 3: OPERATIONS Part 3 Chapter 1: IN GENERAL Rule 1.1 Methods Of Operation. (a) It is the policy of the Commission to require that all establishments wherein gaming is conducted in this state be operated in a manner suitable to protect the public health, safety, morals, good order and general welfare of the inhabitants of the State of Mississippi. (b) Responsibility for the employment and maintenance of suitable methods of operation rests with the licensee, and willful or persistent use or toleration of methods of operation deemed unsuitable will constitute grounds for license revocation or other disciplinary action. (Adopted: 09/25/1991; Amended: 09/17/1996.) Source: Miss. Code Ann. § 75-76-3 Rule 1.2 Grounds For Disciplinary Action. The Commission deems any activity on the part of any licensee, his agents or employees, that is inimical to the public health, safety, morals, good order and general welfare of the people of the State of Mississippi or that would reflect or tend to reflect discredit upon the State of Mississippi or the gaming industry, to be an unsuitable method of operation and shall be grounds for disciplinary action by the Commission in accordance with the Mississippi Gaming Control Act and the regulations of the Commission. Without limiting the generality of the foregoing, the following acts or omissions may be determined to be unsuitable methods of operation: (a) Failure to exercise discretion and sound judgment to prevent incidents which might reflect on the repute of the State of Mississippi and act as a detriment to the integrity of the industry; (b) Permitting persons who are visibly intoxicated to participate in gaming activity; (c) Complimentary service of intoxicating beverage in the casino area to persons who are visibly intoxicated; (d) Failure to conduct advertising and public relations activities in accordance with decency, dignity, good taste, honesty and inoffensiveness; (e) Catering to, assisting, employing or associating with, either socially or in business affairs, persons of notorious or unsavory reputation or who have extensive police records, or persons who have defied congressional investigative committees, or other officially constituted bodies acting on behalf of the United States, or any state, or persons who are associated with or support subversive movements, or the employing either directly or through a contract, or any other means, of any firm or individual in any capacity where the repute of the State of Mississippi or the gaming industry is liable to be damaged because of the unsuitability of the firm or individual or because of the unethical methods of operation of the firm or individual; (f) Employing in a position for which the individual could be required to obtain a finding of suitability, any person who has been denied a state gaming license on the grounds of unsuitability or who has failed or refused to apply for a finding of suitability when so requested by the Commission; (g) Employing in any gaming operation any person whom the Commission or any court has 1

found guilty of cheating or using any improper device in connection with any game, whether as a licensee, dealer, or player at a licensed game or device; as well as any person whose conduct of a licensed game as a dealer or other employee of a licensee resulted in revocation or suspension of the license of such licensee; (h) Failure to comply with or make provision for compliance with all federal, state and local laws and regulations pertaining to the operations of a licensed establishment including, without limiting the generality of the foregoing, payment of all license fees, withholding any payroll taxes, liquor and entertainment taxes and antitrust and monopoly statutes. (i) The Mississippi Gaming Commission in the exercise of its sound discretion can make its own determination of whether or not the licensee has failed to comply with the aforementioned, but any such determination shall make use of the established precedents in interpreting the language of the applicable statutes. Nothing in this section shall be deemed to affect any right to judicial review; 1. Possessing or permitting to remain in or upon any licensed premises any cards, dice, mechanical device or any other cheating device whatever, the use of which is prohibited by statute or ordinance, or 2. Conducting, carrying on, operating or dealing any cheating or thieving game or device on the premises, either knowingly or unknowingly, which may have in any manner been marked, tampered with or otherwise placed in a condition, or operated in a manner, which tends to deceive the public or which might make the game more liable to win or lose, or which tends to alter the normal random selection of criteria which determine the results of the game; (j) Failure to conduct gaming operations in accordance with proper standards of custom, decorum and decency, or permit any type of conduct in the gaming establishment which reflects or tends to reflect on the repute of the State of Mississippi and act as a detriment to the gaming industry; (k) Issuing credit to a patron to enable the patron to satisfy a debt owed to another licensee or person, including an affiliate of the licensee. This subsection shall not prohibit a licensee from collecting a debt owed to an affiliate of the licensee; (l) Denying commission member, employee or agent, upon proper and lawful demand, access to, inspection or disclosure of any portion or aspect of a gaming establishment as authorized by applicable statutes and regulation. (Adopted: 09/25/1991; Amended: 09/17/1996.) Source: Miss. Code Ann. § 75-76-3 Rule 1.3 Unauthorized Games. No licensee shall permit any game other than those specifically named in the Act as a "game" or "gambling game" to be operated without first applying for and receiving permission from the Commission to operate such game and, if permission is granted, thereafter obtaining all required licenses for the same. (Adopted: 09/25/1991; Amended: 09/17/1996.) Source: Miss. Code Ann. §§ 75-76-3 Rule 1.4 Changing Of Games. (a) The Commission will issue to all nonrestricted licensees a certificate of payment of fees indicating the actual games authorized to be exposed for play in the establishment. When a 2

licensee wishes to change games he shall request permission of the Executive Director and obtain an amended certificate from the Commission. (b) Failure to comply with the above requirements will result in assessment of fees on the new game without allowance of credit for the game replaced. Penalties provided by law for failure to pay license fees when due may also be assessed. (Adopted: 09/25/1991; Amended: 09/17/1996.) Source: Miss. Code Ann. § 75-76-99 Rule 1.5 Unlicensed Games Or Devices. (a) No gambling games shall be operated upon the premises of a licensee, nor shall a licensee expose in an area accessible to the public any game, or gaming device which may be used in the operation of a gambling game without first having paid all current fees and taxes applicable to such games. (b) Whenever a licensee desires to temporarily remove or suspend a game from a licensed status, the licensee shall provide advanced written notice to the Executive Director stating the type and number of games sought to be suspended, the initial date and duration of the proposed suspension, and in addition to such notice, the licensee shall thereafter physically remove the game or gaming device from any area exposed to the public; provided, however, a game or gaming device may remain in a public area while in an unlicensed status if the licensee, in addition to the foregoing written notification, removes from the game or gaming device all detachable fixtures such as drop boxes, chip racks, wheelheads, cages, and other similar removable items, and also covers any nondetachable chip rack and any chip rack space with a device capable of being locked and sealed in place; thereafter, the game or gaming device shall be inspected and sealed by the Executive Director and allowed to remain in a public area. (c) Before any game or gaming device suspended from a licensed status in accordance with the foregoing procedure may be reactivated and placed into play, the licensee shall advise the Executive Director in writing of its intention and date to reactivate such game, and pay all fees and taxes applicable to said game, and upon the Executive Director's reinspection of any game or gaming device previously sealed, the game or gaming device may be exposed to play. (Adopted: 09/25/1991.) Source: Miss. Code Ann. § 75-76-99 Rule 1.6 Posting Of Rules. Each licensee shall conspicuously display the rules of each gambling game it exposes for play. This section may be satisfied if published rules are maintained in a location readily accessible to players and notice of the location of such rules is posted conspicuously in the casino. (Adopted: 09/25/1991.) Source: Miss. Code Ann. § 75-76-3 Rule 1.7 Publication Of Payoffs. (a) Payoff schedules or award cards applicable to every licensed game or slot machine shall be displayed at all times either on the table or machine or in a conspicuous place immediately adjacent thereto. In the case of crap, keno and faro games the foregoing requirement will 3

be satisfied if published payoff schedules are maintained in a location readily accessible to players and notice of the location of such schedule is posted on or adjacent to the game. (b) Payoff schedules or award cards must accurately state actual payoffs or awards applicable to the particular game or device and shall not be worded in such manner as to mislead or deceive the public. Maintenance of any misleading or deceptive matter on any payoff schedule or award card or failure on the part of a licensee to make payment in strict accordance with posted payoff schedules or award cards may be deemed an unsuitable method of operation. (Adopted: 09/25/1991.) Source: Miss. Code Ann. § 75-76-3 Rule 1.8 Gaming By, and Issuance of Gaming Credit to Owners, Directors, Officers And Employees. (a) Except as provided in Subsection 2, no officer, director, owner, general manager, or key employee of an entity which holds a gaming license in this state, or of an affiliate or an affiliated company of an entity which holds a gaming license in this state, shall play or place a wager at any gambling game or slot machine owned, leased or possessed: 1. By that gaming licensee; or 2. By an affiliate or an affiliated company of that gaming licensee. i. Subsection 1 shall not apply to the playing or wagering on poker. ii. An employee may not play or place a wager at any gambling game or slot machine located on the premises of the employing licensee or an affiliate or an affiliated company of that employing licensee: • • •

That is part of a wide area progressive slot system or network; or while dressed in any uniform required by the employing licensee to be worn during the performance of his or her job duties. A licensee shall not issue credit for purposes of gaming to any employees of that licensee or of an affiliate or affiliated company of an entity which holds a gaming license in this state, whether or not such credit is evidenced by a player card, wagering account or credit instrument.

(b)

This section does not prohibit an employee from playing gambling games in the course and scope of his employment as a shill or proposition player or as part of an investigation, provided that the licensee notifies the Executive Director in writing that the employee will be so employed. (Adopted: 09/25/1991; Amended: 07/21/1997; Amended: 11/18/1999) Source: Miss. Code Ann. § 75-76-211 Rule 1.9 Periodic Payments. (a) Except as provided in this regulation, a licensee shall remit the total prizes awarded to a patron as the result of conducting any game, including a tournament, contest, or promotional activity (hereinafter collectively referred to as “gaming or promotional activity”) conducted in Mississippi upon validation of the prize payout. (b) As used in this section of the regulation:

4

1.

2.

3.

4.

5.

6.

“Approved funding sources” means cash, U.S. GSE securities or U.S. Treasury securities that are used for the funding of a trust pursuant to subsection (c)(2) hereof or the reserve method of funding periodic payments pursuant to subsection (c)(3) hereof. “Brokerage firm” means an entity that: i. Is both a broker-dealer and an investment adviser; ii. Has one or more classes of its equity securities listed on the New York Stock Exchange or American Stock Exchange, or is a wholly-owned subsidiary of such an entity; and iii. Has assets under management in an amount of $10 billion or more as reported in its most recent report on Form 10-K or Form 10-Q filed with the United States Securities and Exchange Commission, or is a wholly-owned subsidiary of such an entity. "Broker-dealer" means any person engaged in the business of effecting transactions in securities for the account of others or for his own account and: i. Is registered as a broker-dealer with the Mississippi Secretary of State pursuant to Section 75-71-301 of the Mississippi Code of 1972, as amended; or ii. Is exempt from registration pursuant to Section 75-71-105(b) of the Mississippi Code of 1972, as amended, and is registered as a broker-dealer with the United States Securities and Exchange Commission and the National Association of Securities Dealers pursuant to Title 15 USC 78o, as amended. iii. “Executive Director” means the Executive Director of the Mississippi Gaming Commission or his designee. iv. “Date of calculation” means the last day for which a discount rate was obtained prior to the conclusion of the validation period. “Discount rate” means the current prime rate as published in the Wall Street Journal. For those licensees using the reserve method of funding pursuant to subsection (c)(3) hereof, “discount rate” means either: i. The aforementioned current prime rate; or ii. A blended rate computed from the various U.S. GSE securities or U.S. Treasury securities selected by the licensee for which quotes are obtained at least three times a month. “Independent financial institution” means an institution that is not affiliated through common ownership with the licensee and is either: i. A bank or national banking association that is authorized to do business in this state, a banking corporation formed or regulated under the laws of this state or a wholly owned subsidiary of such a banking association or corporation that is formed or regulated under the laws of this state or a national bank with an office in Mississippi; or ii. An insurance company admitted to transact insurance in the State of Mississippi with an A.M. Best Insurance rating of at least “A+” or such other equivalent rating. “Investment Adviser” means any person who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities, or who, for compensation and as a part of a regular business, issues or promulgates analyses or reports concerning securities and: 5

i.

7. 8. 9. 10.

11.

Is registered as an investment adviser with the Mississippi Secretary of State pursuant to Section 75-71-303 of the Mississippi Code of 1972, as amended; or ii. Is exempt from registration pursuant to Section 75-71-105(g) of the Mississippi Code of 1972, as amended, and is registered as an investment adviser with the United States Securities and Exchange Commission pursuant to Title 15 USC 80b-3a, as amended. “Periodic payments,” for purposes of this regulation only, means a series of payments that are paid at least annually for prizes awarded through gaming or promotional activity. “Present value” means the current value of a future payment or series of payments, discounted using the discount rate. “Qualified prize” means the sum of periodic payments, awarded to a patron as a result of any gaming or promotional activity, payable over a period of at least 10 years. “Qualified prize option” means an option that entitles a patron to receive from a licensee a single cash payment in lieu of receiving a qualified prize, or any remaining portion thereof, which shall be exercised no later than 60 days after validation of the qualified prize. “Reserve” means a restricted account consisting of approved funding sources used exclusively to satisfy periodic payments of prizes arising from all gaming or promotional activity conducted in Mississippi. Any existing funding methods previously approved by the Executive Director or Commission must comply with this Regulation as of its effective date. The reserve shall not be less than the sum of the following: i. The present value of the aggregate remaining balances owed on all prizes awarded to patrons who are receiving periodic payments. For balances previously funded using U.S. GSE securities or U.S. Treasury securities, the discount rate on the date of funding shall be used for calculating the present value of this portion of the reserve. ii. An amount sufficient to pay the single cash payments offered in Conjunction with qualified prize options for prizes previously awarded for which elections have not been made by the patrons;

12.

13.

iii. An amount sufficient to fully fund the present value of all prizes currently on public display for which periodic payments are offered; iv. If cash is used as the approved funding source, an amount equal to satisfy the current liabilities to all patrons receiving periodic payments due and payable within 12 months; and v. Any additional amounts administratively required by the Executive Director. “Restricted account” means an account with an independent financial institution described in subsection (b)(5) hereof, or a brokerage firm, which is to be exclusively used for the reserve method of funding of gaming or promotional activity as provided in this regulation. “Single cash payment” means a single discounted, lump-sum cash payment in the amount of the present value of the total periodic payments otherwise due and owing for a qualified prize, less the amount of any partial payment of such qualified prize previously made by the licensee to a patron. 6

14.

(c)

“Trust” means an irrevocable fiduciary relationship in which one person is the holder of the title to the property subject to an equitable obligation to keep or use the property for the benefit of another. 15. “U.S. Government Sponsored Enterprise” or “U.S. GSE” means, for purpose of this regulation, either the Federal National Mortgage Association, also known as Fannie Mae, or the Federal Home Loan Mortgage Corporation, also known as Freddie Mac. 16. “U.S. GSE securities” means negotiable, senior, non-callable, debt obligations issued by a U.S. GSE that on the date of funding possesses an issuer credit rating equivalent to the highest investment grade rating given by Standards & Poor’s Rating Services and Moody’s Investors Service. 17. “U.S. Treasury securities” means a negotiable debt obligation issued and guaranteed by the U.S. Government. 18. “Validation period” means the period of time between when a patron has met the conditions required to receive a prize, and when the prize payout is validated. The validation period shall not exceed 72 hours, unless otherwise extended by the Executive Director. Periodic payments of prizes awarded to a patron as a result of conducting any gaming or promotional activity may be made if the method of funding the periodic payments provides such payments to a patron through the establishment of any one of the following funding methods: 1. An irrevocable surety bond or an irrevocable letter of credit with an independent financial institution which will provide for either the periodic payments or a single cash payment for the remaining periodic payments should the licensee default on paying the scheduled periodic payments for any reason. The form of the written agreement establishing an irrevocable surety bond or the irrevocable letter of credit, and a written commitment to execute such bond or letter from the financial institution shall be submitted to the Executive Director for written approval no less than 45 days prior to the commencement of the gaming or promotional activity. 2. An irrevocable trust with an independent financial institution in accordance with a written trust agreement, the form of which shall be submitted to the Executive Director for written approval at least 45 days prior to the commencement of any new gaming or promotional activity, and which provides periodic payments from an unallocated pool of assets to a group of patrons and which shall expressly prohibit the patron from encumbering, assigning or otherwise transferring in any way his right to receive the deferred portion of the prizes except to his estate. The assets of the trust shall consist of approved funding sources in an amount sufficient to meet the periodic payments as required. 3. A reserve maintained at all times by a licensee, together with the continuing satisfaction of and compliance with certain financial ratios and tests, and monitoring and reporting procedures related thereto. The conditions under which a reserve method may be used shall be prescribed by the Executive Director in a written notice distributed to licensees and all interested persons. The Executive Director, after whatever investigation or review he deems necessary, may grant, on a case-by-case basis, written approval of such other conditions as the Executive Director deems appropriate and consistent with this regulation. Licensees shall 7

(d)

(e)

(f)

(g)

notify the Executive Director in writing at least 45 days prior to the commencement of any new gaming or promotional activity for which periodic payments may be used. The reserve method for funding periodic payments shall not be implemented or used until approved in writing by the Executive Director. 4. Another method of providing the periodic payments to a patron consistent with the purpose of this regulation and which is approved by the Commission prior to the commencement of the gaming or promotional activity. Proposed modifications to a periodic payment plan previously approved by the Commission shall be submitted to the Executive Director for review at least 45 days prior to the effective date of change. The Executive Director, after whatever investigation or review he deems necessary, may administratively approve in writing the modification or require the licensee to submit the requested modification to the Commission for review and approval. The funding of periodic payment plans shall be completed within 30 days of the conclusion of the validation period, or where a qualified prize option is offered for such prize payout, within 30 days of the date the patron makes an election thereunder. Where a single cash payment is elected, the licensee shall pay to the patron in cash, certified check or wire transfer the full amount less any prior payment(s) within 15 days after receiving the patron’s written notification of such election. Periodic payments shall not be used for prize payouts of $100,000.00 or less. Periodic payments for total amounts won greater than $100,000.00 shall be paid as follows: 1. For amounts won greater than $100,000.00, but less than $200,000.00, payments shall be at least $10,000.00 annually; 2. For amounts won equal to or in excess of $200,000.00, payments shall be no less than 1/20th of the total amount annually; 3. For amounts won equal to or in excess of $5,000,000.00, payments shall be made in the manner set forth in (2), above, or in such manner as approved by the Commission upon application by the licensee; and 4. The first installment payment shall be made upon the conclusion of the validation period, notwithstanding that a qualified prize option may be offered to the patron. In the event that a qualified prize option is offered to a patron, it shall not be construed as a requirement that the patron shall receive a single cash payment instead of periodic payments. Waivers of subsections (e)(1), (2) and (3) hereof that have been previously granted by the Commission shall remain in full force and effect pursuant to the current terms and provisions of such waivers. The licensee shall provide the Executive Director with an appropriate, signed legal document, prior to the commencement of any gaming or promotional activity for which periodic payments are to be offered, that shall irrevocably and unconditionally remise, release, indemnify and forever discharge the State of Mississippi and the Commission and its members, employees, agents and representatives, including those of the Attorney General’s Office, of and from any and all claims, actions, causes of actions, losses, damages, liabilities, costs, expenses and suits of any nature whatsoever, in law or equity, including reasonable attorney’s fees, arising from any act or omission of the Commission and its members, employees, agents and representatives. For any gaming or promotional activity for which periodic payments are used, the licensee shall provide a notice on each gaming device or, if no gaming device is used, 8

(h)

(i)

(j)

(k)

(l)

(m)

then in each gaming or promotional area specifically setting forth the terms of the periodic payment plan, and include in all radio, television, other electronic media, or print advertising that such prizes will be awarded using periodic payments. Notwithstanding any other regulation to the contrary, if a licensee offers a qualified prize option to a patron who is awarded a qualified prize, the licensee shall provide the option to the patron in writing within 7 days after the conclusion of the validation period. Such written option shall explain the method used to compute the single cash payment, including the discount rate on the date of calculation, and shall state that the patron is under no obligation to accept the offer of a single cash payment and may nevertheless elect to receive the periodic payments for the qualified prize. The licensee shall maintain the following amounts, as applicable, related to each gaming or promotional activity that uses periodic payments in calculating its minimum bankroll requirement for the purpose of complying with Rule 1.13: 1. For periodic payment plans approved in accordance with subsection (c)(1) hereof, the installment payments due within the next 12-month period for all amounts won or on public display for which the licensee will be making periodic payments. 2. For periodic payment plans approved in accordance with subsection (c)(2) hereof, the first installment payment, if not yet paid, and the present value of all future payments: i. For amounts won or awarded but for which the funding has not been completed; and ii. For all prizes which have not been won or awarded but are on public display, including a progressive meter. 3. An alternative amount and/or method required by the Executive Director to satisfy the minimum bankroll requirement for other approved funding plans used for periodic payments. At all times the licensee is responsible for the payment of all prizes resulting from any gaming or promotional activity upon conclusion of the validation period, regardless of the method used to fund the periodic payments allowed under this regulation. In the event of a default by any financial institution with which the licensee has contracted to guarantee or make periodic payments, the licensee will be liable for the periodic payments owed to patrons. At least annually, the licensee shall verify that the independent financial institution and brokerage firm being used to guarantee or remit periodic payments to patrons or hold approved funding sources related thereto continues to meet the applicable qualifications required by subsection (b) hereof. In the event that such entities are found to no longer meet the defined requirements, the licensee shall immediately notify the Executive Director of the change in status and within 30 days provide a written plan to comply with these requirements. At least 60 days prior to cessation of operations, a licensee responsible for remitting periodic payments to patrons shall submit a plan to satisfy the liability for approval. The Executive Director, after whatever investigation or review he deems necessary, may grant written approval of the plan or may require such other conditions as the Executive Director deems necessary to satisfy the licensee’s liabilities. Copies of the related contracts and agreements executed pursuant to subsections (c)(1), (c)(2) and (c)(4) hereof shall be submitted to the Executive Director within 30 days after 9

execution. For all methods of funding periodic payments, the licensee must maintain documents, executed contracts and agreements for a period of no less than the duration of the periodic payments plus five years thereafter. (n) Where a licensee is found to be in noncompliance with the funding requirements provided in this regulation, the Executive Director may require the licensee to immediately cease offering any gaming or promotional activity for which periodic payments are used and/or he may require other or additional corrective action. (o) Any failure of the licensee to maintain full compliance with each and every provision set forth in this regulation, including the Executive Director’s requirements established pursuant to subsection (c)(3) hereof, or any failure of the licensee to immediately notify the Executive Director of any noncompliance thereof, shall constitute an unsuitable method of operation. Such noncompliance may subject the licensee to disciplinary action. Any approvals granted by the Commission and/or the Executive Director pursuant to this Regulation shall not relieve the licensee of its responsibilities and obligations to fully comply with this Regulation. (p) The Commission may waive one or more of the requirements of this regulation if it makes a written finding that such waiver is consistent with the public policy set forth in Section 75-76- 3(3) of the Mississippi Code of 1972, as amended. (Adopted: 09/25/1991; Amended: 09/21/2000; Amended: 11/20/2002) Source: Miss. Code Ann. § 75-76-3 Rule 1.10 Finder's Fees. (a) Except as limited by subsection (b), the term "finder's fee" means any compensation in money in excess of the sum of $10,000.00, or real or personal property valued in excess of the sum of $10,000.00 which is paid or transferred or agreed to be paid or transferred to any person in consideration for the arranging or negotiation of an extension of credit to a licensee, a registered company, or applicant for licensing or registration if the proceeds of such extension of credit are intended to be used for any of the following purposes: 1. The acquisition of an interest in a gaming establishment or registered company. 2. To finance the gaming operations of a licensed gaming establishment. (b) The term "finder's fee" shall not include: 1. Compensation to the person who extends the credit. 2. Normal and customary payments to employees of the person to whom the credit is extended if the arranging or negotiation of credit is part of their normal duties. 3. Normal and customary payments for bona fide professional services rendered by lawyers, accountants, engineers and appraisers. 4. Underwriting discounts paid to a member of the National Association of Securities Dealers, Inc. (c) It is an unsuitable method of operation for any licensee, registered company or applicant for licensing or registration to pay a finder's fee without the prior approval of the Commission, acting upon a recommendation of the Executive Director. An application for approval of payment of a finder's fee shall make a full disclosure of all material facts. The Commission may disapprove any such application if the person to whom the finder's fee is proposed to be paid does not demonstrate that he is suitable to hold a state 10

gaming license. (Adopted: 09/25/1991.) Source: Miss. Code Ann. §§ 75-76-3,75-76-175 Rule 1.11 Collection Of Gaming Credit. (a) Only bonded, duly licensed collection agencies, or a licensee's employees, junket representatives, attorneys, or affiliated or wholly-owned corporation and their employees may collect, on the licensee's behalf and for any consideration, gaming credit extended by the licensee. (b) Notwithstanding the provisions of subsection (a), no licensee shall permit any person who has been found unsuitable, or who has been denied a gaming license or work permit, or who has had a work permit revoked, to collect, on the licensee's behalf and for any consideration, gaming credit extended by the licensee. (c) Each licensee shall maintain for the Executive Director's inspection records that describe credit collection arrangements and that include any written contracts entered into with the persons described in subsection (a), unless such persons are the licensee's key employees or junket representatives. (Adopted: 09/25/1991.) Source: Miss. Code Ann. § 75-76-181 Rule 1.12 Reports Of Violations. Each licensee shall immediately notify the Commission by telephone of the discovery of any violation or suspected violation of any criminal statute of this state or the United States, the Act or any regulation promulgated thereunder. (Adopted: 09/25/1991.) Source: Miss. Code Ann. § 75-76-27 Rule 1.13 Minimum Bankroll Requirements. Each licensed gaming establishment shall maintain, in such manner and amount as the Executive Director may approve or require, cash or cash equivalents in an amount sufficient to reasonably protect the licensee's patrons against defaults in gaming debts owed by the licensee; and sufficient to reasonably protect the licensee’s creditors and vendors against defaults on short-term debts owed by the licensee. The Executive Director shall distribute to licensees and make available to all interested persons a formula approved by the Commission by which licensees determine the minimum bankroll requirements of this section. If at any time the licensee's available cash or cash equivalents should be less than the amount required by this section, the licensee must immediately notify the Executive Director of this deficiency. Failure to maintain the minimum bankroll required by this section, or a higher bankroll as required by the Executive Director pursuant to this section, or failure to notify the Executive Director of any deficiencies, constitutes reasonable cause for disciplinary action. (Adopted: 09/25/1991.) Source: Miss. Code Ann. § 75-76-3 11

Rule 1.14 Posting Of Address Of Gaming Commission. Each licensed gaming establishment shall conspicuously post on the premises the address of the Mississippi Gaming Commission. (Adopted: 09/25/1991.) Source: Miss. Code Ann. § 75-76-3 Rule 1.15 Admission Fees. (a) All licensees charging an admission fee must give a ticket good for one admission to each person having entered the casino operation for the purpose of gambling. Said ticket shall be valid for a period of the next twenty-four (24) hours after the patron's initial admission and shall have the date and time of initial admission imprinted on the ticket. (b) All licensees charging an admission fee shall have an entrance that has been approved by the Executive Director. Said entrance shall not block ingress or egress to the casino. All patrons must enter through an approved entrance. (Adopted:12/30/1992; Amended: 12/16/1993.) (c) All monies collected from admission fees shall be accounted for and itemized on a form provided by the Commission, which are due on a weekly basis as directed by the Executive Director. (d) All fees free passes shall be logged with the patron’s name and the day in which the pass was issued and utilized. Such logs are not public records within the meaning of the Gaming Control Act and shall only be made available for inspection by Gaming Commission enforcement personnel. (e) All persons who have oral or written arrangements with a licensee regarding junkets, admissions or transportation to and from the casino, shall be immediately identified and brought forward to the Commission for an investigation of suitability, pursuant to MGC Reg. Part 3 Chapter 7. (Adopted: 12/30/1992; Amended: 12/16/1993.) Source: Miss. Code Ann. § 75-76-3 Rule 1.16 Tournaments and Promotions. (a) A Licensee conducting tournaments shall submit the rules and procedures for the tournament to the Mississippi Gaming Commission 7 days prior to commencement of the activity. The MGC must be notified of any change to the original rules and/or the procedures, including cancellations. Rules must be made easily accessible to patrons by signage conspicuously displayed in the casino. The rules must contain the verbiage: The MGC reserves the right to investigate any and all complaints and disputes regarding tournaments. Such disputes and complaints will be resolved in accordance with the Mississippi Gaming Control Act and Mississippi Gaming Commission regulations. Management reserves the right to cancel, change, and modify the tournament with prior notification to the Mississippi Gaming Commission. (b) A Licensee must maintain a record of all tournaments and promotions and make available the rules and procedures to the Mississippi Gaming Commission and 12

(c)

patrons upon request. Licensees shall notify each patron who has a complaint of the patron complaint resolution process, which includes tournaments and promotional activities. Disciplinary action may be taken against a licensee offering a promotion or tournament that is illegal or against Miss. Code Ann. § 75-76-3.

Part 3 Chapter 2: OPERATION OF GAMING DEVICES. Rule 2.1 Counting Of Gaming Devices For Purposes Of Tax And License Fees. (a) Tax and license fees shall be paid on one slot machine when: 1. Only one person has the opportunity to insert currency into a single receptacle; and 2. That person has the opportunity to receive cash, premiums, merchandise, tokens or anything of value whatsoever based upon a single means of determining such win or based upon multiple payout lines within a single display unit. (b) Tax and license fees shall be paid on more than one machine and shall be assessed on the number of means of determining such win or winnings when: 1. The slot machine affords one person the opportunity to insert currency into a multiple number of receptacles; and 2. That person has the opportunity to receive cash, premiums, merchandise, tokens or anything of value whatsoever based upon multiple means of determining such win or winnings. (c) Tax and license fees shall be paid on more than one machine and shall be assessed per player position when: 1. The slot machine affords more than one person the opportunity to play; and 2. Affords each person the opportunity to win independently of and separate from any other person. (d) Whenever a slot machine is available for play by the public, there must be present on the premises a responsible person to assist an agent of the Commission in counting and certifying the number of slot machines exposed for play, accessing system reports and conducting diagnostic testing as would be required by an agent during an MGC investigation. (e) Each licensee shall authorize this responsible person to verify and sign the slot count form. (f) Not having a responsible person available on the premises to assist in the counting of slot machines is an unsuitable method of operation and the count conducted at that time by the agent of the Commission will be presumed to be an accurate and correct tally of machines exposed for play for the purpose of administering license fees and the annual tax. (g) All slot machine drop buckets and currency acceptor boxes shall be removed from their respective slot machines at times submitted in writing and approved by the Executive Director. At least two persons shall perform the drop function and shall be present at all times during the drop, one (1) of whom is independent of the department responsible for the generation of revenue being counted. Surveillance shall actively monitor all drop activities. The removal of slot machine drop buckets and currency acceptor boxes shall be without any interruptions so that an observer may be able to observe proper identification of drop buckets. The drop buckets and currency acceptor boxes must be transported directly to the count room where they shall be stored in a secure place or 13

immediately counted. In the event of a currency acceptor box electronic or mechanical malfunction, the licensee may perform an emergency drop on the malfunctioning device. Such emergency drop must be recorded on the casino surveillance systems. (Adopted: 09/25/1991; Amended: 06/25/2003; Amended 06/25/2010.) Source: Miss. Code Ann. § 75-76-33 Rule 2.2 Progressive Slot Machines. (a) As used in this section: 1. "Progressive jackpot" means a slot machine payoff that increases automatically over time or as the machine or another operated by a single licensee is played. 2. "Base amount" means the amount of the progressive jackpot initially offered before it increases. 3. "Incremental amount" means the difference between the amount of a progressive jackpot and its base amount. 4. “Wide area progressive jackpot” means a payoff on a slot machine that is part of a network of machines located at the establishments of more than one licensee, which payoff increases automatically over time or as that machine or others that are part of the network are played. (b) A meter that shows the amount of the progressive jackpot must be conspicuously displayed at or near the machines to which the jackpot applies. At least weekly each licensee shall record the amount shown on each progressive jackpot meter at the licensee's establishment except for those jackpots that can be paid directly by the slot machine or those offered in conjunction with a wide area progressive system. Explanations for meter reading decreases must be maintained with the progressive meter reading sheets, and where the payment of a jackpot is the explanation for a decrease the licensee shall record the jackpot payout form number on the sheet or have the number reasonably available. Each licensee shall record the base amount of each progressive jackpot the licensee offers. A progressive controller used to control communications between linked progressive machines shall be housed in a secure environment with accessibility only available to authorized personnel. (c) A licensee may limit a progressive jackpot to an amount that is equal to or greater than the amount of the jackpot when the limit is imposed. The licensee shall post a conspicuous notice of the limit at or near the machine or machines to which the limit applies. (d) A licensee shall not reduce the amount displayed on a progressive jackpot meter or otherwise reduce or eliminate a progressive jackpot unless: 1. A player wins the jackpot; 2. The licensee adjusts the progressive jackpot meter to correct a malfunction or to prevent the display of an amount greater than a limit imposed pursuant to subsection(c) and the licensee documents the adjustment and the reasons for it; 3. The licensee distributes the incremental amount to another progressive jackpot at the licensee's establishment and; i. The licensee documents the distribution; ii. Any machine offering the jackpot to which the licensee distributes the incremental amount does not require that more money be played on a single 14

play to win the jackpot than the machine from which the incremental amount is distributed; iii. Any machine offering the jackpot to which the incremental amount is distributed complies with the minimum theoretical payout requirement of Regulation Part 4 Rule 2.4; and iv. The distribution is completed within thirty (30) days after the progressive jackpot is removed from play or within such longer period as the Executive Director may for good cause approve. 4. The Executive Director, upon a showing of exceptional circumstances, approves a reduction, elimination, distribution, or procedure not otherwise described in this subsection, which approval is confirmed in writing. (e) A licensee shall not reserve progressive slot machines for specific patrons. (f) The operation of wide area progressive slot machines as part of a network of separate gaming facilities licensed by the Commission with an aggregate prize or prizes is allowed. The licensee of a wide area progressive slot system is subject to subsections (b) and (c) as well as any additional conditions imposed by the Commission. The licensee of a wide area progressive slot system shall not reduce the amount displayed on a wide area progressive jackpot meter or otherwise reduce or eliminate a wide area progressive jackpot unless: 1. A player wins the wide area progressive jackpot; 2. The wide area progressive licensee adjusts the progressive jackpot meter to correct a malfunction or to prevent the display of an amount greater than a limit imposed pursuant to subsection (c) above and that licensee documents the adjustment and the reasons for it; 3. The wide area progressive licensee distributes the incremental amount to another wide area progressive system or in proportional amounts to the slot systems of the separate establishments which are part of the network of participating gaming facilities and subsections (d)(3)(i) through (iv) above are satisfied. 4. The Executive Director, upon a showing of exceptional circumstances, approves a reduction, elimination, distribution, or procedure not otherwise described in this subsection, which approval is confirmed in writing. (g) Licensees shall preserve the records required by this section for at least three (3) years after they are made unless the Executive Director approves otherwise in writing. (Adopted: 09/25/1991; Amended: 03/16/2000.) Source: Miss. Code Ann. § 76-75-55 Part 3 Chapter 3: CARD GAMES Rule 3.1 Definitions. As used herein, the following terms shall have the following meanings: (a) Ante: A player's initial wager or predetermined contribution to the pot prior to the dealing of the first hand. (b) Call: A wager made in an amount equal to the immediately preceding wager. (c) Card game shill: An employee engaged and financed by the licensee as a player for the purpose of starting and/or maintaining a sufficient number of players in a card game. 15

(d)

Card room bank: An imprest fund which is a part of and accountable to the licensee's casino cage or bankroll but which is maintained in the card room exclusively for the purposes set forth in Rules 8.5 and 8.6 of this regulation. (e) Card table bank: An imprest inventory of cash and chips physically located in the table tray on the card table and controlled by the licensee through accountability established with the card room bank. The card table bank shall be used only for the purposes set forth in Rule 8.5 of this regulation. (f) Check: To waive the right to initiate the wagering, but to retain the right to call after all the other players have either wagered or folded. (g) Hand: One game in a series, one deal in a card game, or the cards held by a player. (h) Pot: The total amount anted and wagered by players during a hand. (i) Promotional Progressive Pots and Pools: Pots and pools that are contributed to by poker patrons and distributed back to poker patrons based upon the occurrence of a predetermined event. (j) Proposition player: A person paid a fixed sum by the licensee for the specific purpose of playing in a card game who uses his own funds and who retains his winnings and absorbs his losses. (k) Raise: A wager made in an amount greater than the immediately preceding wager. (l) Rake-off: A percentage of the pot which may be taken by the licensee for maintaining or dealing the game. (m) Stake: The funds with which a player enters a game. (n) Stakes player: A person financed by the licensee to participate in a game under an arrangement or understanding whereby such person is entitled to retain all or any portion of his winnings. (o) Table tray: A receptacle used to hold the card table bank. (p) Time buy-in: A charge to a player, determined on a time basis, by the licensee for the right to participate in a game. (Adopted: 09/25/1991.) Source: Miss. Code Ann. §§ 75-76-5, 75-76-23 Rule 3.2 Card Game Drop Box Procedures. (a) Each card table shall have one card game drop box with the drop slot located at least four inches in front of the table tray and to the right thereof, unless the table is equipped with a drop slot located at least two inches to the right of and even with the top right-hand corner of the table tray, with a cover over the drop slot, which when activated will cause the rake to drop directly into the drop box. The card game drop box shall be a locked container marked with a permanent number corresponding to a permanent number on the card table and permanently marked to indicate game and shift, all of which markings shall be clearly visible at a distance of 20 feet. The locked drop box shall be locked to the card table with a lock that is keyed separately from the locked drop box itself. (b) All card game drop boxes shall be removed from their respective card tables at the times previously submitted in writing to and approved by the Executive Director. The removal of card game drop boxes shall be without any interruptions so that an observer may be able to observe the markings on the boxes. The boxes must be transported directly to the room designated for counting where they shall be stored in a secure place or immediately 16

counted. In the event of electronic or mechanical malfunction, or any other situation which prevents the placement of money in the drop box, the licensee may perform an emergency drop on the malfunctioning device. Emergency Drops require a secondary written notification to be filed with the Mississippi Gaming Commission. Such emergency drop must be recorded on the casino surveillance systems. Recordings of any emergency drop must be retained for fourteen (14) days. (c) For each card table where a jackpot eligible card game may be played, a jackpot drop box shall be installed with the drop slot located at least four inches in front of the table tray and to the left thereof, unless the table is equipped with a drop slot located at least two inches to the left of and even with the top left-hand corner of the table tray, with a cover over the drop slot, which when activated will cause the jackpot rake to drop directly into the jackpot drop box. The jackpot drop box shall be a locked container marked with a permanent number corresponding to a permanent number on the card table and permanently marked, all of which markings shall be clearly visible at a distance of 20 feet. The locked container shall be locked to the card table and shall be separately keyed from the container itself. (d) All jackpot drop boxes shall be removed from their respective card tables at the times previously submitted in writing to and approved by the Executive Director. The removal of jackpot drop boxes shall be without any interruptions so an observer may be able to observe the markings on the boxes. The boxes must be transported directly to the room designated for counting where they shall be stored in a secure place or immediately counted. In the event of electronic or mechanical malfunction, or any other situation which prevents the placement of money in the drop box, the licensee may perform an emergency drop on the malfunctioning device. Emergency Drops require a secondary written notification to be filed with the Mississippi Gaming Commission. Such emergency drop must be recorded on the casino surveillance systems, and a copy of this recording must be available for inspection by the Mississippi Gaming Commission for fourteen (14) days after the emergency drop is performed. (Adopted: 09/25/1991; Amended: 07/26/1993; Amended: 06/25/2003; Amended: 06/25/2010.) Source: Miss. Code Ann. § 75-76-23 Rule 3.3 Sale Of Stakes. No cash or chips received for the sale of stakes shall be commingled with any rake-offs or other compensation received by the licensee from the players for the right to play. (Adopted: 09/25/1991.) Source: Miss. Code Ann. § 75-76-23 Rule 3.4 Accounting For Transactions Between Card Table Bank And Card Room Bank. (a) When the card table bank is to be replenished with chips from the card room bank, all cash or chips to be transferred must be counted down by the dealer in public view on the card table and verified by the person who transports the cash or chips. (b) The transfer shall be preceded by the placement of appropriately designated marker buttons on the card table of a value equivalent to the cash or chips to be transferred 17

to the card room bank. Such marker buttons may only be removed by the dealer after the transaction has been completed. (c) Upon written approval of the Executive Director, those licensees wishing to utilize the casino cage in lieu of a card room bank may do so provided that the same procedures as set forth in this section and Rule 3.5 and Rule 3.11 of this regulation, and related provisions thereto, shall be followed by the casino cage for such transactions. (Adopted: 09/25/1991.) Source: Miss. Code Ann. § 75-76-45 Rule 3.5 Limitations On The Use Of Card Room Banks And Card Table Banks. (a) Card room banks shall be used exclusively for the purposes of the issuance and receipt of shill funds, the maintenance of card table banks used in card games, and the purchase and redemption of chips by players. (b) Card table banks shall be used only for the purposes of making change or handling player buy-ins. (Adopted: 09/25/1991.) Source: Miss. Code Ann. § 75-76-45 Rule 3.6 Rake-off And Time Buy-in. (a) The amount of any rake-off must be conspicuously posted at or near the table. Rake-offs shall only be pulled from the pot by the dealer in an obvious manner after each wager and call or at the completion of the hand. The rake-off shall be placed in a designated rake circle and shall remain in the designated rake circle until a winner is declared and paid. The rake-off shall then be dropped into the card game drop box. (b) The designated rake circle must be clearly visible to all players and shall be positioned in a location on the table where it is at least four inches from and in front of the table tray and at least eight inches from the table drop slot, unless the table is equipped with a drop slot located at least two inches to the right of and even with the top right-hand corner of the table tray, with a cover over the drop slot, which when activated will cause the rake to drop directly into the drop box; such drop slot shall serve as the rake circle. (c) All time buy-ins or other fees charged shall be immediately placed into the card game drop box. (d) The amount of any jackpot rake must be conspicuously posted at or near the table. The jackpot rake shall only be pulled from the pot by the dealer in an obvious manner as specified in the jackpot rules and procedures. (Adopted: 09/25/1991.) Source: Miss. Code Ann. § 75-76-45 Rule 3.7 Posting Of Card Game Rules. Each licensee shall conspicuously display the rules of each card game it exposes for play. This section may be satisfied if published rules are maintained in a location readily accessible to players and notice of the location of such rules is posted conspicuously in the casino card room. Source: Miss. Code Ann. § 75-76-23 18

Rule 3.8 Bad Beat Jackpot. (a) A licensee may elect to offer a card room promotional activity involving a jackpot for one or more pre-designated high value hands when such a hand is held by a player as a losing hand. Such a promotion is defined as a Bad Beat Jackpot. (b) The jackpot shall be paid from a separate fund created and maintained from pot contributions at tables where a Bad Beat Jackpot will be offered. This fund shall meet the following criteria: 1. The fund shall consist of a primary jackpot amount with no more than two additional jackpot amounts. The primary jackpot will be the current Bad Beat Jackpot, which the amount shall be prominently and conspicuously displayed in the card room. 2. The remaining levels, if utilized, may be maintained without public display. The next available jackpot amount will automatically become the primary jackpot once the current Bad Beat Jackpot is paid out. 3. A separate escrow account shall be maintained for the purpose of re-seeding the lowest jackpot level. Funds in the escrow account shall be used for the purpose of re-seeding the Bad Beat Jackpot. 4. A second separate fund may be established by the casino licensee to fund card room promotions provided the funds are awarded to card room patrons participating in jackpot eligible card games of the type supplying the funds. 5. No more than thirty percent (30%) of the jackpot rake shall be distributed into the promotional fund. 6. The Bad Beat Jackpot levels shall not be capped or frozen. 7. The Bad Beat Jackpot levels shall not be used to fund promotional activities except that a small percentage of the primary jackpot may be offered as a mini-bad beat jackpot. 8. Any changes to the bad beat promotion may only be implemented after the current Bad Beat Jackpot is won. (c) A licensee offering a Bad Beat Jackpot shall post the rules in a conspicuous location within the card room. The rules shall include at a minimum: 1. The jackpot rake 2. The time of the day when the jackpot will be updated, which shall be no less than once per gaming day 3. The games eligible for the Bad Beat Jackpot 4. The qualifying hands with all specific requirements 5. The players qualifying for a portion of the jackpot 6. The percent of the jackpot awarded to each qualifying player 7. The procedure for Bad Beat Jackpot verification 8. The minimum age requirement to participate in the Bad Beat Jackpot Source: Miss. Code Ann. § 75-76-33 Rule 3.9 Discontinuing A Bad Beat Jackpot. (a) Once a bad beat jackpot has been established, the licensee shall not discontinue the jackpot except by a player winning the jackpot or unless the Executive Director approves otherwise. 19

(b)

(c) (d) (e)

The licensee shall submit a proposal for discontinuing the bad beat jackpot to the local Mississippi Gaming Commission District Office. The proposal shall include the: 1. Proposed date for discontinuation of the jackpot. 2. Proposed manner for dispersing all jackpot levels and the escrow fund (i.e. changing the qualifying hands, etc.). The licensee, upon approval by the Executive Director to discontinue the jackpot, shall cease taking a jackpot rake. The licensee, upon approval by the Executive Director to discontinue the jackpot, may remove an amount equal to the initial jackpot seed from the escrow account. The licensee shall post notification of the intent to discontinue the bad beat jackpot in a prominent and conspicuous manner in the card room.

Source: Miss. Code Ann. § 75-76-33 Rule 3.10 Card Tournaments. (a) The rules and procedures for all card room tournaments shall be submitted by the licensee to the Mississippi Gaming Commission at least ten (10) working days prior to commencement of the tournament. (b) A casino licensee may offer complimentary card room tournament entries provided the dollar value of the entry is added to the tournament prize pool. (c) All tournament wagers must be made with approved tournament chips provided by the licensee. No currency or other things of value shall be used as wagers. (d) Tournament chips shall never be redeemed for cash or other things of value except that the total represented by the players’ accumulation of tournament chips shall be used to determine the winner and/or final place in a tournament. (e) Card room tournaments shall only be conducted upon the licensees’ premises and only in areas approved by the Mississippi Gaming Commission. (f) Card room tournaments shall be video recorded by the licensees’ surveillance department. (g) Card room tournament rules may permit remaining players at the final table to split the prize pool between or among themselves without the necessity of continuing tournament play to finality, provided: 1. The agreement is unanimous. 2. The agreement is voluntary. 3. The option to split the prize pool is clearly stated in the tournament rules. (h) The card room tournament director shall not encourage the final players to end tournament play early and shall ensure that every player understands all agreements concerning an early end to the tournament and splitting of the prize pool must be voluntary and unanimous. (i) If the card room tournament director feels any player is being coerced or improperly pressured into an agreement with the other players, the tournament director shall not permit an early end to the tournament. Source: Miss. Code Ann. § 75-76-33 Rule 3.11 Restrictions On Use Of Shills And Proposition Players. (a) Shills may not check and raise or play in any manner between themselves or in collusion 20

with others to the disadvantage of other players within the game. (b) Each establishment employing shills or proposition players shall identify such shills or proposition players upon request and shall display a sign clearly legible from each table which states: "Mississippi gaming regulations allow the use of shills and proposition players. Shills and proposition players shall be identified by management upon request." (c) Each licensee shall maintain, in a manner as in the case of all other employees, employment records on each individual engaged as a shill or proposition player. Each licensee must also maintain a list of all shills and proposition players at the card room bank, readily available for inspection. (d) Persons who participate in the management or supervision of games subject to this regulation shall not be permitted to act as a shill or proposition player. (e) All advances to and winnings of a shill shall be utilized only for wagering in card games or turned in to the card room bank at the conclusion of play. (f) No more than a combination of two shills and proposition players may play in a card game. (g) Shills may only wager chips or coins. (Adopted: 09/25/1991.) Source: Miss. Code Ann. § 75-76-23 Rule 3.12 Restrictions On Other Players. (a) Stakes players shall not be utilized by any licensee. (b) No dealer may wager in any game in which he is dealing. (Adopted: 09/25/1991.) Source: Miss. Code Ann. § 75-76-25 Rule 3.13 Promotional Progressive Pots and Pools. (a) The dollar amount of funds contributed by players into the pools is returned when won in accordance with the posted rules with no commission or administrative fee withheld. Payouts for promotional progressive pots, pools and any other promotion are to be prominently displayed or readily made available for patron review. (b) Payouts for promotional progressive pots or pools of any amount and any other promotion for an amount greater than or equal to $600.00 are documented to show the date, time, dollar amount of payout or description of personal property (e.g., car), reason for the payout (e.g., promotion name) and the signatures of the two employees one of which must be a card room manager verifying the payout. Source: Miss. Code Ann. § 75-76-33 Part 3 Chapter 4: OTHER GAMES Rule 4.1 Operation Of Progressive Keno Games. (a) Prior to operating a progressive keno game, the licensee must have systems of record keeping, surveillance, and internal controls relative to the operation of the progressive 21

keno game approved by the Executive Director. (b) A licensee may impose a limit on a progressive keno game provided the limit imposed by the licensee is greater than the amount showing on the payoff indicator at the time the limit is imposed. (c) Notice of the progressive keno game payoff limit must be prominently posted at the location of the progressive keno game, and information as to how and in what amount the payoff amount is advanced until the limit is reached shall be readily available to the public in the vicinity of the progressive keno game. (d) A payoff indicator on a progressive keno game shall not be turned back to a lesser amount unless: 1. A player wins the amount displayed on the payoff indicator; 2. An adjustment becomes necessary to prevent the payoff indicator from showing a payoff greater than the limit; or 3. There is a malfunction, in which case an explanation must be entered as part of the system of records required by section (a) of this section; or 4. There is a dispute, as governed by subsections (f) and (g) of this section. (e) Once a payoff amount appears on the payoff indicator, that amount may not be decreased except as allowed by this section and must be permitted to remain until won by a player, except as may be otherwise approved by the Executive Director. Except as otherwise provided by this section, the amount appearing on the payoff indicator is an obligation to the licensee's patrons and it shall be the responsibility of the licensee, if he shall cease operation of the progressive keno game for any reason, including a transfer of ownership of the licensed gaming establishment, to arrange for satisfaction of that obligation in a manner approved by the Executive Director. (f) In the event of a patron dispute over a payoff of a progressive keno game, the licensee shall: 1. Unless the Executive Director orders otherwise, deposit the total progressive keno payoff amount in an escrow account approved by the Executive Director until an investigation into the dispute has been completed and a decision regarding payment has been rendered; and 2. Set the progressive keno meter to its base amount and continue operating the game. (g) If a patron dispute is resolved in favor of the licensee, the progressive keno payout must be returned to the meter, less the base figure amount. (h) Video progressive keno is subject to the provisions of Part 3 Chapter 2, Rule 2.2 governing progressive slot machines. (i) A licensee who operates a progressive keno game must at all times maintain a sufficient cash reserve or minimum bankroll to ensure that all obligations to patrons are met. (Adopted: 09/25/1991.) Source: Miss. Code Ann. § 75-76-33 Part 3 Chapter 5: CHIPS AND TOKENS Rule 5.1 Definitions. As used in this regulation: (a) "Chip" means a non-metal or partly metal representative of value, redeemable for cash, 22

and issued and sold by a licensee for use at table games or counter games at the licensee's gaming establishment. (b) "Token" means a metal representative of value, redeemable for cash, and issued and sold by a licensee for use in slot machines or for use in slot machines and at table games or counter games at the licensee's gaming establishment. (Adopted: 09/25/1991.) Source: Miss. Code Ann. § 75-76-33 Rule 5.2 Approval Of Chips And Tokens; Applications And Procedures. (a) A licensee shall not issue any chips or tokens for use in its gaming establishment, or sell or redeem any such chips or tokens, unless the chips or tokens have been approved in writing by the Executive Director. A licensee shall not issue any chips or tokens for use in its gaming establishment or sell or redeem any such chips or tokens that are modifications of chips or tokens previously approved by the Executive Director unless the modifications have been approved in writing by the Executive Director. (b) Applications for approval of chips, tokens, and modifications to previously approved chips or tokens must be made, processed, and determined in such manner and using such forms as the Executive Director may prescribe. Each application must include, in addition to such other items or information as the Executive Director may require: 1. An exact drawing, in color of each side and the edge of the proposed chip or token, drawn to actual size or drawn to larger than actual size and in scale, and showing the measurements of the proposed chip or token in each dimension; 2. Written specifications for the proposed chips or tokens; 3. The name and address of the manufacturer; and 4. The licensee's intended use for the proposed chips or tokens. (c) If, after receiving and reviewing the items and information described in subsection (b), the Executive Director is satisfied that the proposed chips or tokens conform with the requirements of this regulation, the Executive Director shall notify the licensee in writing and shall request, and the licensee shall thereupon submit, a sample of the proposed chips or tokens in final, manufactured form. If the Executive Director is satisfied that the sample conforms with the requirements of this regulation and with the information submitted with the licensee's application, he shall approve the proposed chips or tokens and notify the licensee in writing. As a condition of approval of chips or tokens issued for use at a specific table or counter game, the Executive Director may prohibit the licensee from using the chips or tokens other than at the specified game. The Commission may retain the sample chips and tokens submitted pursuant to this subsection. (Adopted: 09/25/1991.) Source: Miss. Code Ann. § 75-76-33 Rule 5.3 Specifications For Chips And Tokens. (a) Chips and tokens must be designed, manufactured, and constructed in compliance with all applicable statutes, regulations, and policies of the United States, this state, and other states, and so as to prevent counterfeiting of the chips and tokens to the extent reasonably possible. Chips and tokens must not deceptively resemble any current or past coinage of 23

the United States or any other nation. (b) In addition to such other specifications as the Executive Director may approve: 1. The name of the issuing gaming establishment must be inscribed on one side of each chip and token; 2. The value of the chip or token must be inscribed on one side of each chip and token, other than chips used exclusively at roulette; 3. The manufacturer's name or a distinctive logo or other mark identifying the manufacturer must be inscribed on at least one side of each chip and token; and 4. Each chip must be designed so that when stacked with chips and tokens of other denominations and viewed on closed-circuit, black-and-white television, the denominations of the chip can be distinguished from that of the other chips and tokens in the stack. (c) The names of the city or other locality and the state where the establishment is located must be inscribed on at least one side of each chip and token unless the Executive Director finds, after application by a licensee, that such an inscription is not necessary because: 1. The name of the issuing establishment is unique to one readily identifiable establishment in all gaming jurisdictions; and 2. The inclusion of the city or other locality and the state is not necessary or beneficial for any regulatory purpose relating to the applicant. (d) Any application submitted pursuant to subsection (c) must be signed by the chief executive officer of the applicant and be on a form prescribed by the Executive Director. (e) Any approval for the deletion of such an inscription shall be in writing and be limited to that period of time in which the name of the licensee is limited to one establishment and conditioned so that it may be withdrawn in the future if the Executive Director determines that the deletion results in confusion with the chips or tokens of another establishment or if such inclusion is deemed necessary or beneficial for any regulatory purpose. (Adopted: 09/25/1991; Amended: 06/20/1996.) Source: Miss. Code Ann. § 75-76-33 Rule 5.4 Additional Specifications For Tokens. (a) Tokens must not be manufactured from material possessing sufficient magnetic properties so as to be accepted by a coin mechanism, other than that of a slot machine. (b) Tokens must not be manufactured from a three-layered material consisting of a coppernickel alloy clad on both sides of a pure copper core, nor from a copper-based material, unless the total of zinc, nickel, aluminum, magnesium, and other alloying materials is at least twenty percent (20%) of the token's weight. (Adopted: 09/25/1991.) Source: Miss. Code Ann. § 75-76-33 Rule 5.5 Use Of Chips And Tokens. (a) A licensee that uses chips or tokens at its gaming establishment shall: 1. Comply with all applicable statutes, regulations, and policies of this state and of the United States pertaining to chips or tokens; 24

2.

Sell chips and tokens only to patrons of its gaming establishment and only at their request; 3. Promptly redeem its own chips and tokens from its patrons; 4. Post conspicuous signs at its establishment notifying patrons that federal law prohibits the use of the licensee's tokens, and that state law prohibits the use of the licensee's chips, outside the establishment for any monetary purpose whatever; and 5. Take reasonable steps, including examining chips and tokens and segregating those issued by other licensees to prevent sales to its patrons of chips and tokens issued by another licensee. (b) A licensee shall not accept chips or tokens as payment for any goods or services offered at the licensee's gaming establishment with the exception of the specific use for which the chips or tokens were issued and shall not give chips or tokens as change in any other transaction. (c) A licensee shall not redeem its chips or tokens if presented by a person who the licensee knows or reasonably should know is not a patron of its gaming establishment, except that a licensee shall promptly redeem its chips and tokens if presented by: 1. Another licensee who represents that it redeemed the chips and tokens from its patrons and received them unknowingly, inadvertently, or unavoidably; or 2. An employee of the licensee who presents the chips and tokens in the normal course of employment. (d) A licensee shall not knowingly sell, use, permit the use of, accept, or redeem chips or tokens issued by another licensee, except as follows: 1. A licensee may redeem tokens issued by another licensee if: i. The tokens are presented by a patron for redemption to a cashier of the licensee's gaming establishment and the patron states that he or she received the tokens at the licensee's establishment from the payout chutes of slot machines or from an employee of the licensee; or ii. The tokens are presented by a patron at a table game, and the licensee redeems the tokens with tokens of its own, places the redeemed tokens in the table's drop box, and separates and properly accounts for the redeemed tokens during the count performed pursuant to the licensee's system of internal control; and 2. A licensee may redeem chips issued by another licensee if: i. The chips are presented by a patron for redemption at the cashier's cage of the licensee's gaming establishment; or ii. The chips are presented by a patron at a table game and the licensee redeems the chips with chips of its own, placed the redeemed chips in the table's drop box, and separates and properly accounts for the redeemed chips during the count performed pursuant to the licensee's system of internal control. (e) Chips whose use is restricted to uses other than at table games or other than at specified table games may be redeemed by the issuing licensee at table games or non-specified table games if the chips are presented by a patron, and the licensee redeems the chips with chips issued for use at the game, places the redeemed chips in the table's drop box, and separates and properly accounts for the redeemed chips during the count performed pursuant to the licensee's system of internal control. (Adopted: 09/25/1991.)

25

Source: Miss Code Ann. §§ 75-76-33 Rule 5.6 Redemption And Disposal Of Discontinued Chips And Tokens. (a) A licensee that permanently removes from use or replaces approved chips or tokens at its gaming establishment, or that ceases operating its gaming establishment whether because of closure or sale of the establishment or any other reason, must prepare a plan for redeeming discontinued chips and tokens that remain outstanding at the time of discontinuance. The licensee must submit the plan in writing to the Executive Director not later than thirty (30) days before the proposed removal, replacement, sale, or closure, unless the closure or other cause for discontinuance of the chips or tokens cannot reasonably be anticipated, in which event the licensee must submit the plan as soon as reasonably practicable. The Executive Director may approve the plan or require reasonable modifications as a condition of approval. Upon approval of the plan, the licensee shall implement the plan as approved. Any discontinued chips or tokens must be destroyed within 3 years of being removed from the gaming floor unless otherwise approved by the Executive Director. (b) In addition to such other reasonable provision as the Executive Director may approve or require, the plan must provide for: 1. Redemption of outstanding, discontinued chips and tokens in accordance with this regulation for at least 120 days after the removal or replacement of the chips or tokens or for at least 120 days after operations cease as the case may be, or for such longer or shorter period as the Executive Director may for good cause approve or require; 2. Redemption of the chips and tokens at the premises of the gaming establishment or at such other location as the Executive Director may approve; 3. Publication of notice of the discontinuance of the chips and tokens and of the redemption and the pertinent times and locations in at least two newspapers of general circulation in this state at least twice during each week of the redemption period, subject to the Executive Director's approval of the form of the notice, the newspapers selected for publication and the specific days of publication; 4. Conspicuous posting of the notice described in paragraph (3) at the gaming establishment or other redemption location; and 5. Destruction or such other disposition of the discontinued chips and tokens as the Executive Director may approve or require. (Adopted: 09/25/1991.) Source: Miss. Code Ann. § 75-76-33 Rule 5.7 Destruction Of Counterfeit Chips And Tokens. (a) As used in this section, "counterfeit chips or tokens" mean any chip-or token-like objects that have not been approved pursuant to this regulation, including objects commonly referred to as "slugs," but not including coins of the United States or any other nation. (b) Unless a peace officer instructs or a court of competent jurisdiction orders otherwise in a particular case, licensees shall destroy or otherwise dispose of counterfeit chips and tokens discovered at their establishments in such manner as the Executive Director may approve or require. (c) Unless a peace officer instructs or a court of competent jurisdiction orders otherwise in a 26

particular case, licensees may dispose of coins of the United States or any other nation discovered to have been unlawfully used at their establishments by including them in their coin inventories or, in the case of foreign coins, by exchanging them for United States currency or coins and including same in their currency or coin inventories, or by disposing of them in any other lawful manner. (d) Each licensee shall record, in addition to such other information as the Executive Director may require: 1. The number and denominations, actual and purported, of the coins and counterfeit chips and tokens destroyed or otherwise disposed of pursuant to this section; 2. The month during which they were discovered; 3. The date, place, and method of destruction or other disposition, including, in the case of foreign coin exchanges, the exchange rate and the identity of the bank, exchange company, or other business or person at which or with whom the coins are exchanged; and 4. The names of the persons carrying out the destruction or other disposition on behalf of the licensee. (e) Each licensee shall maintain each record required by this subsection for at least three (3) years, unless the Executive Director approves or requires otherwise. (Adopted: 09/25/1991.) Source: Miss. Code Ann. § 75-76-33 Rule 5.8 Promotional And Tournament Chips And Tokens. (a) As used in this section, "promotional chip" means a chip- or token-like object issued by a licensee for use in promotions or tournaments at the licensee's gaming establishment. (b) Promotional chips must be designed, manufactured, approved, and used in accordance with the provisions of this regulation applicable to chips and tokens, except as follows: 1. Promotional chips must be of such shape and size and have such other specifications so as to be distinguishable from other chips and tokens as determined by the Executive Director; 2. Each side of each promotional chip must conspicuously bear the inscription "No Cash Value"; 3. Promotional chips must not be used, and licensees shall not permit their use, in transactions other than the promotions or tournaments for which they are issued; and 4. The provisions of Rule 5.7 of this regulation shall not apply to promotional chips. (Adopted: 09/25/1991.) Source: Miss. Code Ann. § 75-76-33 Rule 5.9 Other Instrumentalities. Other instrumentalities with which gaming is conducted must be designed, manufactured, approved, used, discontinued, destroyed, or otherwise disposed of in accordance with the provisions of this regulation applicable to chips and tokens, except as follows: (a) Such other instrumentalities must be of such shape, size, and design and have such other specifications as the Executive Director may approve or require; and 27

(b)

The Executive Director, in his discretion, may deny approval of instrumentalities other than chips and tokens or may grant approval subject to such conditions as he considers appropriate. (Adopted: 09/25/1991.) Source: Miss. Code Ann. § 75-76-33 Rule 5.10 Receipt Of Gaming Chips Or Tokens From Manufacturer Or Distributor. (a) When chips or tokens are received from the manufacturer or distributor thereof, they shall be opened and checked by at least two (2) employees of the licensee from different departments. Any deviation between the invoice accompanying the chips or tokens and the actual chips or tokens received or any defects found in such chips or tokens shall be reported promptly to the Executive Director. (b) After checking the chips received, the licensee shall record in a chip inventory ledger the denomination of the chips received, the number of each denomination of chip received, the description of all chips received, the date of such receipt, and the signature of the individuals who checked such chips. (c) If any of the chips received are to be held in reserve and not utilized either at the gaming tables or at a cashier's cage, they shall be stored in a separate locked compartment either in the vault or in a cashier's cage and shall be recorded in the chip inventory ledger as reserve chips. (Adopted: 09/25/1991.) Source: Miss. Code Ann. § 75-76-33 Rule 5.11 Inventory Of Chips. (a) Chips shall be taken from or returned to the reserve chip inventory in the presence of at least two (2) individuals. The denominations, number and amount of chips so taken or returned shall be recorded in the chip inventory ledger together with the date and signatures of the individuals carrying out this process. (b) Each licensee shall, on a monthly basis, compute and record the unredeemed liability for each denomination of chips. The result of such inventory must be recorded in the chip inventory ledger. On a monthly basis, each licensee shall conduct an inventory of chips in reserve and the result of such inventory must be recorded in the chip inventory ledger. If the reserve chips are stored in a locked compartment that is sealed and tamper resistant, a physical inventory must be conducted annually, unless the compartment is opened, at which time an inventory must be conducted. (Amended: 03/15/2007.) (c) During nongaming hours all chips in the possession of the licensee shall be stored in the chip bank, in the vault, or in a locked compartment in a cashier's cage, except that chips may be locked in a transparent compartment on gaming tables provided that there is adequate security as approved by the Executive Director. (Adopted: 09/25/1991.) Source: Miss. Code Ann. § 75-76-33

28

Rule 5.12 Appeal To Commission. If the Executive Director denies any application required or permitted by this regulation, or withdraws any approval previously granted, the licensee may appeal the Executive Director's decision to the Commission within ten (10) days after the date of the decision. The appeal must be in writing and specify the reasons the licensee believes the Executive Director's decision is erroneous. No judicial review of the Commission's decision is permitted. (Adopted: 09/25/1991.) Source: Miss. Code Ann. § 75-76-33 Part 3 Chapter 6: SURVEILLANCE Rule 6.1 Definitions. As used in this regulation: (a) "PTZ camera" means a video camera which possesses, at a minimum, pan, tilt, and zoom capabilities or features comparable thereto. (b) "Dedicated camera" means a video camera which is required by this regulation or an order of the Executive Director, Commission or a court of competent jurisdiction, to continuously monitor and record a specified activity and/or area. (c) “Monitor room” means the designated room on the licensee’s property that houses the surveillance system, is used exclusively for casino surveillance purposes and is dedicated to providing the coverage prescribed by this regulation. (d) “Immediate notification” means notification to the Executive Director or their designee by telephone within 15 minutes of the discovery of any activity so prescribed by this regulation. (e) “Immediate access” means access without delay and upon demand of the Commissioners, Executive Director or any of his agents. (f) Satellite monitoring” means any feed from the surveillance system transmitted outside of the surveillance room. (Adopted: 09/25/1991; Amended: 09/21/2000.) Source: Miss. Code Ann. § 75-76-33 Rule 6.2 Access To Monitor Rooms. Access to monitor rooms shall be limited only to those personnel who are employed exclusively for surveillance purposes and those personnel whose names appear on the monitor room access list approved by the Executive Director; such access list shall be submitted either quarterly or upon any revision. (a) The Commissioners, the Executive Director, and their agents shall, upon presentation of proper credentials, at all times be provided immediate access to the monitor room and any other surveillance areas; and shall be provided immediate access to all documentation including, but not limited to, logs, correspondence, electronic mail, facsimile transmissions and any other reports, in any form, generated by or within the surveillance department. Confidential files maintained solely by the Director or Manager of Surveillance shall be made available upon request. (b) Additional personnel may be granted access, with prior written approval from the 29

Executive Director, for management purposes, or to repair, install or maintain equipment residing in the monitor room. Any person that is not employed exclusively for surveillance purposes, must, upon entry to the monitor room, enter their name, the date, the reason for their visit and the time they arrived and departed from the monitor room on a visitor’s log. The visitor’s log shall be maintained in the monitor room for inspection by the Executive Director and shall be retained in a format approved by the Executive Director for a period of three (3) years. (c) Surveillance coverage reviews requested by management shall be conducted in an area separate from that which contains working monitors and/or any real-time observations and/or coverage. (Adopted: 09/25/1991; Amended: 09/21/2000.) Source: Miss. Code Ann. § 75-76-33 Rule 6.3 Surveillance Systems: General Requirements And Minimum Standards. This regulation sets forth the minimum standards that must be followed by licensees with respect to surveillance systems and monitor rooms. The Executive Director may, in his sole discretion, require a licensee to comply with surveillance system requirements that are more stringent than those set forth in this regulation. The Director or Manager of Surveillance shall be held responsible for the licensee’s compliance with each section of this regulation. (a) Every licensee shall install, maintain and operate at all times a surveillance system either comprised of cameras, monitors, video recorders and a video printer; or an alternative system approved by the Executive Director that provides the coverage required by this regulation. (b) The surveillance system must include date and time generators that display on each recording the date and time of the recorded events. The displayed date and time must not obstruct the recorded view and shall periodically be synchronized, at least weekly, with all other equipment in the monitor room. (c) Satellite monitoring stations must be approved by the Executive Director. Monitor room equipment must have complete override of any satellite monitoring station. (d) With exception to satellite monitoring stations approved by the Executive Director, all equipment utilized to monitor or record views of gaming operations obtained by the surveillance system must be and remain located in the monitor room. Monitor room equipment must have complete override of any satellite monitoring or recording equipment approved by this section. The entrance to the monitor room must be located away from the view of casino employees and the general public. (e) The monitor room must be staffed and the surveillance equipment monitored at all times by trained surveillance personnel. A minimum of two (2) surveillance personnel shall staff each shift in the monitor room with one person dedicated to viewing live coverage of gaming operations at all times. (f) The surveillance system, monitor room and its equipment must be directly and securely wired in a way to resist tampering. An auxiliary power source must be available and capable of providing uninterrupted power to the surveillance system in the event of a power loss and provide sufficient lighting to operate the surveillance system. The auxiliary power source shall be tested quarterly, and a report maintained by the surveillance department. 30

(g)

Each camera in the surveillance system located in public gaming areas and that are designated to view gaming activities must be placed behind a dome and in a way to prevent tampering. (h) The surveillance system must record all casino gaming transactions in color, and casino games where color may be a determining factor in a game outcome. (i) The video printer used in the surveillance system must generate instantaneously upon command, a clear, still black and white or color copy or photograph of the images depicted in any recording made by the surveillance system. (j) The licensee must have the capability of creating first generation copies of any recording made by the surveillance system. (k) Every licensee shall maintain equipment in the monitor room to provide an interface with the slot data and/or accounting system that shall display signals sent from each of the licensee’s electronic gambling devices. At a minimum, the following signals shall be displayed on such equipment: jackpot, machine door access, drop door access, BVA door access, illegal machine access and auxiliary door access. (l) Every licensee shall maintain in the monitor room the following for inspection by the Executive Director and his agents: current surveillance system plans and/or schematics with a list of camera numbers, type and coverage provided; the licensee’s internal controls and procedures for all gaming departments observed by the surveillance system. (m) Every Licensee shall maintain in the monitor room current revenue drop route maps that are utilized during the monitoring of all revenue drops. (n) The individual responsible for the operation of the Surveillance Department shall not share any duties with the individual responsible for the operation of the Security Department. The duties of the Security and Surveillance Departments shall be separate and distinct and neither department nor individual responsible for either department shall have supervisory authority over the other. (o) Adequate lighting shall be present in all areas of the casino floor, count rooms, and security interview rooms to enable the surveillance system to provide clear viewing and reproductions. (Adopted: 09/25/1991; Amended: 09/21/2000; Amended: 10/27/2005.) Source: Miss. Code Ann. § 75-76-33 Rule 6.4 Surveillance Systems: Count Rooms And Casino Cage. (a) Every licensee shall install, maintain, and operate at all times a surveillance system that monitors and records clear unobstructed views of all areas and transactions within: 1. The count room, and any area where uncounted currency is stored during the drop and count process, including walls, corners, doors, drop boxes, vaults, safes, and counting surfaces. All counting surfaces must be transparent; and 2. The casino cage, including customer windows, employees' windows, cash drawers, vaults, safes, counters, chip storage, and fill windows. (b) All transactions within the count room must be recorded with sufficient clarity to permit identification of each employee and his movements, and to permit identification of all currency and paperwork. The count room shall have audio monitoring capabilities. (c) All transactions within the casino cage, must be recorded with sufficient clarity to permit identification of each employee and his movements, and to permit identification of all 31

currency and paperwork. (d) The surveillance department shall follow and record all gaming revenue drops, including emergency drops, and all revenue counts. Start and completion times of all revenue drops and counts shall be documented in the log required by Rule 6.10(b) of this regulation. At a minimum, this shall include coverage of the removal and transport of the revenue from the gambling device to the secure location on the casino floor and transportation of the revenue to the count room. (Adopted: 09/25/1991; Amended: 09/21/2000; Amended: 10/27/2005.) Source: Miss. Code Ann. § 75-76-33 Rule 6.5 Surveillance Systems: Table Games And Card Rooms. (a) Every licensee who operates table games or a card room shall install, maintain and operate at all times a surveillance system that monitors and records clear and unobstructed views of all active table games or card table surfaces, including table bank trays, with sufficient clarity to permit identification of all chip, cash, dice and card values and the outcome of the game. Roulette tables and wheels must be recorded so as to permit views of both the table and the wheel on one monitor screen - The Commission requires that each licensee exercise its best efforts to provide this coverage. (b) Every licensee who operates table games or a card room shall install, maintain, and operate at all times a surveillance system that shall monitor and record clear and unobstructed views of the following: 1. All table game and card room areas with sufficient clarity to permit identification of all dealers, patrons, spectators and pit personnel; and 2. All drop boxes and table numbers. 3. Simultaneous coverage of both the table game area and the table game surface; (c) Every licensee who operates table games or a card room shall install, maintain, and operate at all times a surveillance system that shall monitor and record clear and unobstructed views of the following: 1. Continuous, uninterrupted and simultaneous coverage of the table game surface and progressive meter of any table game with a progressive jackpot; 2. Continuous, uninterrupted and simultaneous coverage of the table game surface and the secondary bonusing event of any table game that offers such an event. 3. All card room or podium banks, including any drawers, cabinets and safes contained therein. (Adopted: 09/25/1991; Amended: 09/21/2000.) Source: Miss. Code Ann. § 75-76-33 Rule 6.6 Surveillance Systems: Keno Games. Every licensee who operates a keno game shall install, maintain, and operate at all times a surveillance system that continuously monitors and records clear, unobstructed and uninterrupted views of the following while the game is exposed for play: (a) All keno desks, and satellite stations, including counters, windows, cash drawers, keno boards, supervisor work areas, and transaction areas, with sufficient clarity to permit identification of cash, all parts of a keno ticket, the patrons and employees; and 32

(b)

The keno ball drawing device and the random number generator in computerized systems, with sufficient clarity to identify the number on each ball drawn. (Adopted: 09/25/1991; Amended: 09/21/2000.) Source: Miss. Code Ann. § 75-76-33 Rule 6.7 Surveillance Systems: Slot Machines. (a) Every licensee who exposes slot machines for play shall install, maintain, and operate at all times a surveillance system that continuously monitors and records clear, overall, and continuous views of all areas that contain slot machines with sufficient clarity to identify all patrons and employees, candle, drop door and auxiliary fill compartment doors. (b) Every licensee who exposes slot machines for play shall install, maintain, and operate at all times a surveillance system that shall monitor and record clear and unobstructed views of all cash redemption machines. (c) Every licensee who offers sports wagering shall install, maintain and operate a surveillance system that monitors and records clear unobstructed views of general activities in the betting areas to include all ticket writer/cashier windows and all sports betting kiosks. (Adopted: 09/25/1991; Amended: 09/21/2000; Amended: 07/25/2010.)

Source: Miss. Code Ann. § 75-76-33 Rule 6.8 Surveillance Systems: Casino Security Offices. The surveillance system must cover all areas of any security office wherein any persons may be detained, questioned, interviewed or interrogated by casino security officers. Security office coverage must include both audio and video, be recorded at all times that a person is detained, questioned, interviewed or interrogated therein, and the signal must terminate in the surveillance room. In each office or room covered by this section, a sign must be conspicuously displayed which states that the area is under constant audio and video surveillance. (Adopted: 09/25/1991; Amended: 09/21/2000; Amended: 10/27/2005.) Source: Miss. Code Ann. § 75-76-33 Rule 6.9 Casino Surveillance System Equipment Malfunctions. (a) Every licensee shall establish and maintain a log of any and all casino surveillance system equipment malfunctions and retain the log for a period of three years. (b) Any gaming area that is unable to be covered by surveillance or meet the coverage requirements due to a malfunction of cameras or recording equipment must cease gaming activity until the malfunction can be repaired. The Executive Director may, at their discretion, determine whether other security measures may be required. (Adopted: 09/25/1991; Amended: 09/21/2000; Amended: 10/27/2005.) Source: Miss. Code Ann. § 75-76-33 Rule 6.10 Surveillance System Recording Requirements. (a) In addition to any other recording requirements that are or may be imposed by this 33

(b)

(c) (d) (e)

regulation, every licensee shall record all views, activities, and locations as the Executive Director may from time to time require. Every licensee shall record and maintain a shift activity log of all specific activities observed by casino surveillance personnel, and any activities that appear unusual or irregular, or that violate or appear to violate the Mississippi Gaming Control Act, the regulations promulgated thereunder or internal control or procedure or any commonly known criminal statute of this state or the United States and notify the Executive Director by telephone immediately. The log entry shall be recognized by a unique number or identifier by the employee(s) making the entry in digital systems and signed by the employee(s) that utilize an analog system. Such log shall be maintained in a format approved by the Executive Director and retained for a period of three (3) years. Any violation of the licensee’s system of internal controls observed by surveillance personnel shall be entered in the log required by Rule 6.10(b) of this regulation. All recordings produced by a surveillance system must present a clear and unobstructed view of the scene depicted thereon. Every licensee must retain all video recordings for at least fourteen (14) days after the recording is produced, unless a shorter time period is allowed by another section of this regulation, or by order of the Executive Director, the Commission or a court of competent jurisdiction.

(f)

All recordings must be made in a format approved by the Executive Director. (Adopted: 09/25/1991; Amended: 09/21/2000; Amended: 10/27/2005.)

Source: Miss. Code Ann. § 75-76-33 Rule 6.11 Surveillance System Plans; Alterations To Surveillance System. (a) Every applicant for a gaming license shall submit to the Executive Director, a surveillance system plan no later than ninety (90) days prior to the start of gaming operations, and shall comply with the requirements set forth in this regulation no later than seven (7) days prior to the start of gaming operations. (b) The surveillance system plan must include a casino floor plan that shows the placement of all surveillance equipment in relation to the locations required by this regulation to be covered, and a detailed description of the casino surveillance system and its equipment. In addition, the plan may include other information that evidences compliance with this regulation by the applicant. (c) Every licensee shall submit, prior to implementation, to the Executive Director for approval, any proposed reduction to its surveillance system in any area required by this regulation. (Adopted: 09/25/1991; Amended: 09/21/2000.) Source: Miss. Code Ann. § 75-76-33 Part 3 Chapter 7: JUNKET REPRESENTATIVES Rule 7.1 Definitions. (a) "Collection representative" means any person who may approve or extend gaming credit or collects gaming credit instruments negotiated by a preferred guest. The term does not include: 34

1. 2.

Persons holding a Mississippi gaming license or their employees, or A bonded collection agency licensed by local government authorities in the jurisdiction where it has its principal place of business, or 3. Any licensed attorney. (b) “Complimentary” means a service, item, or accommodation provided to a person at no cost, or at a reduced price not generally available to the public under similar circumstances; that term shall include any service, item, or accommodation provided at no cost, or at a reduced price due to the anticipated or actual gaming activities of that person. (c) "Junket representative" means any person who contracts with a gaming licensee or its affiliate to provide services consisting of arranging transportation or lodging for preferred guests at a licensed gaming establishment. It also means any person who contracts with a gaming licensee or its affiliate to provide services as a collection representative. The term does not include travel agencies that receive compensation based solely on the price of the transportation or lodging, or permanent full-time employees of a gaming licensee or its affiliates. (d) "Preferred guest" means any person, 21 years of age or older, who receives complimentary transportation, food, lodging, entertainment or other consideration with a retail price in excess of $200.00 from a licensed establishment in a twenty-four-hour period as an inducement to gamble. (e) "Secondary representative" means any person other than clerical personnel or ticket takers not otherwise exempt under subsections (a) or (b) who receives compensation in any form from a junket representative for assisting a junket representative. (Adopted: 09/25/1991; Amended: 10/22/1998.) Source: Miss. Code Ann. § 75-76-33 Rule 7.2 Filing And Determination Of Suitability. (a) A licensee shall not enter into a contract with a junket representative for services until the junket representative has been investigated and issued a junket representative permit from the Commission. No contract may be entered into between any licensee and junket representative that would exceed the expiration date of the junket representative permit. (b) A filing for junket representative must include the following: 1. The name, address, tax identification number, and type of organization of the junket representative. 2. A copy of any proposed agreement between the licensee and the junket representative. 3. If the junket representative is to guarantee any payment due to a licensee from any preferred guest, a personal financial questionnaire. 4. The designation of persons whom the junket representative may use as a secondary representative. 5. A statement on a form approved by the Commission that the junket representative: i. Submits to the jurisdiction of the State of Mississippi and the Commission; ii. Designates the Secretary of State as its representative upon whom service of process may be made; and Agrees to be governed and bound by the laws of the State of Mississippi and the regulations of the Commission. 35

6.

Such additional information as the Executive Director or Commission may request. In the event the junket representative is not an individual, all officers and principals of the junket representative shall supply the required information. All information required by this section shall be supplied on forms furnished or approved by the Executive Director. (c) An application to receive a junket representative permit shall not be granted unless the Commission is satisfied that the applicant is 1) a person of good character, honesty and integrity; 2) a person whose prior activities, criminal record, if any, reputation, habits and associations do not pose a threat to the public interest of this State or to the effective regulation and control of gaming, or create or enhance the dangers of unsuitable, unfair or illegal practices, methods and activities in the conduct of gaming or the carrying on of the business and financial arrangements incidental thereto; and 3) in all other respects qualified to be permitted consistent with the declared laws of this State. (d) A licensee may only compensate a junket representative that holds a valid junket representative permit from the Commission, provided that the licensee receives written notification from the Executive Director that the junket representative is in good standing with the Commission and has: 1. Submitted a copy of the signed agreement between the licensee and the junket representative and such additional information as the Executive Director or Commission may request; and 2. A current filing with the Executive Director and is in compliance with the requirements of this Chapter. (e) A licensee may not compensate a junket representative on the basis of theoretical or actual win attributed to a preferred guest unless such junket representative holds a junket representative permit issued by the Commission. Such permit qualifications are those imposed on applicants and holders of a work permit. A junket representative permit is valid for a period of three years. Nothing in this section shall prevent the Executive Director from requiring a finding of suitability from the Commission of any junket representative. (f) The Commission may require at any time a finding of suitability of a junket representative. The Commission shall give written notice to the junket representative and any licensee having an agreement with the junket representative on file with the Executive Director that the junket representative will be required to file an application for finding of suitability. The Commission retains jurisdiction to determine the suitability of a junket representative even if the licensee terminates its relationship with the junket representative or the junket representative is otherwise no longer functioning as a junket representative. (g) If the Commission finds a junket representative to be unsuitable, the filing of such junket representative is thereupon canceled. A licensee or junket representative shall, upon written notification of a finding of unsuitability, immediately terminate all relationship, direct or indirect, with such junket representative. Failure to terminate such relationship constitutes reasonable cause for disciplinary action. No determination of suitability of a junket representative shall preclude a later determination by the Commission of unsuitability. (Adopted: 09/25/1991; Amended: 10/22/1998.)

36

Source: Miss. Code Ann. § 75-76-33 Rule 7.3 Required Reports And Record Keeping. (a) Each licensee shall provide to the Executive Director within one month following each calendar quarter, separate lists of junket representatives, which shall include: 1. Status of current relationship with the licensee; 2. Compensation in that quarter paid to a junket representative for each service provided to a licensee; 3. The number of preferred guests attributed to each junket; and 4. The arrival time and date of each junket; 5. The departure time and date of the junket; and 6. Such other information as required by the Executive Director. (b) The licensee shall retain in its files for a three-year period and make available for inspection by the Executive Director, and upon request, the following information: 1. The origin and dates of stays by preferred guests arranged by a junket representative; 2. The total amount of gaming credit extended to such preferred guests, which remains unpaid following their departure; 3. The name and address of each preferred guest; 4. Complimentary services, items or accommodations provided to preferred guests; 5. The amount of gaming credit owed by such preferred guest prior to arrival; and 6. Such other information as required by the Executive Director regarding any business arrangement between the licensee and the junket representative. (Adopted: 09/25/1991; Amended: 10/22/1998.) Source: Miss. Code Ann. § 75-76-33 Rule 7.4 Mandatory Requirements. (a) Every agreement, including any agreement of employment, entered into by a licensee and a junket representative shall be conditioned as follows: 1. If the Commission determines the junket representative is unsuitable, the agreement shall thereupon terminate unless otherwise ordered by the Commission. 2. The agreement is not effective and the junket representative is not entitled to and may not be paid any compensation until the licensee receives notice that the Executive Director has granted a junket representative permit to the junket representative. (b) Annually, on or before July 15, each junket representative shall file a list of all secondary representatives on a form furnished or approved by the Executive Director. Each licensee shall send a notice annually, on or before June 1, to each junket representative under contract with it, advising the junket representative of the requirements of this section. (c) Any changes in the junket representative's address, telephone number, officers, directors, shareholders or partners and any changes, additions, or deletions to the list of secondary representatives or arrests or convictions of any junket representative, its officers, directors, shareholders, partners or secondary representatives contained within the annual report or the initial submission required under Rule 7.2 of this regulation shall be reported by the junket representative to the Executive Director within thirty 37

days thereof. (Adopted: 09/25/1991; Amended: 10/22/1998.) Source: Miss. Code Ann. § 75-76-33 Part 3 Chapter 8: PLAYER DISPUTES Rule 8.1 Service. Except as otherwise provided in this regulation: (a) All pleadings, notices, and other papers required by this regulation to be served may be served by personal delivery, electronic mail or certified mail. (b) A party serving a pleading, notice or other paper required by this regulation to be served must file with the Commission a proof of service in the form of a certificate signed by the party or his representative and stating the date and manner of service. (Adopted: 09/25/1991; Amended: 03/29/1993.) Source: Miss. Code Ann. § 75-76-33 Rule 8.2 Initiation Of Dispute Investigation (a) Any request by a patron to resolve a dispute regarding alleged winnings pursuant to Miss. Code Ann. §75-76-159 shall be submitted on forms prescribed by the Mississippi Gaming Commission. Such form may be submitted by either personal delivery, electronic mail, or first-class USPS mail to any office of the Mississippi Gaming Commission and shall be deemed filed upon receipt during the regular business hours of the Mississippi Gaming Commission. (b) Such request shall be filed by the patron no more than sixty (60) days from the date of the alleged refusal of payment by the licensee. Failure to file within the time period proscribed shall result in an immediate dismissal of the request. (c) Upon timely filing of such request, the Enforcement Division shall investigate the dispute and report such findings to the Executive Director, or their designee, for issuance of a decision. Source: Miss. Code Ann. § 75-76-33; Miss. Code Ann. §75-76-159 Rule 8.3 Initiation Of Hearing Procedure; Notice Of Hearing. (a) Proceedings to review a decision made by the Executive Director pursuant to Miss. Code Ann. §75-76-159 must be initiated by the filing and service of a petition in accordance with Miss. Code Ann. §75-76-161. Such petition may be filed by either personal delivery, electronic mail, or first-class USPS mail to the office of the Executive Director, and shall be deemed filed upon receipt during the regular business hours of the Mississippi Gaming Commission. (b) A copy of the petition must be served on the respondent. (c) The respondent may file and serve a written response within 15 days after being served with a copy of the petition. (d) After the time for respondent to file and serve a written response to the petition has expired, the hearing examiner shall determine the date, time and place of the hearing on the petition. 38

(e)

Notice of the hearing must be served by the hearing examiner on each of the parties at least 20 days before the hearing, unless the hearing examiner reasonably determines that a lesser notice period is appropriate. (Adopted: 09/25/1991; Amended: 03/29/1993.) Source: Miss. Code Ann. § 75-76-33 Rule 8.4 Pre-hearing Motions. (a) Unless otherwise ordered by the hearing examiner, all pre-hearing motions must be filed and (b)

(c)

served at least ten (10) days before the hearing. The moving party shall be responsible for coordinating with the hearing examiner and the responding party to set a telephonic or video-conference hearing on the motion. Any party desiring that said hearing be reported stenographically must arrange for a court reporter at that party’s expense. Failure to arrange the hearing on the pre-hearing motion shall result in the motion being heard on the date of and immediately prior to the hearing on the merits of the matter.

(Adopted: 09/25/1991; Amended: 03/29/1993.) Source: Miss. Code Ann. § 75-76-33 Rule 8.5 Nature Of Hearing. (a) Unless the hearing examiner reasonably determines that a different procedure is appropriate, the hearing must be conducted in accordance with the following procedures: 1. The petitioner may present an opening statement on the merits and the respondent may then make a statement of the defense. The respondent may reserve his statement of the defense for the presentation of his case. 2. After his opening statement, if made, and the respondent's statement of the defense, if not reserved, the petitioner shall present his case in chief in support of the petition. 3. Upon conclusion of the petitioner's case in chief, the respondent may move for dismissal of the petition. The hearing examiner may grant, deny, or reserve decision on the motion, with or without argument. If no motion to dismiss is made, or if such motion is denied or decision is reserved thereon, the respondent shall then present his case in defense. 4. Upon conclusion of the respondent's case, the petitioner may present rebuttal evidence. 5. After the presentation of the evidence by the parties, the petitioner may present a closing argument. The respondent may then present his closing argument and the petitioner may then present a rebuttal argument. Thereafter the matter will stand submitted for decision. (b) All or part of the hearing may be conducted by telephone. (c) The hearing must be recorded by the hearing examiner on audio tape or other means of sound reproduction, unless it is reported stenographical for a party at the party's own expense, in which case the party must provide the original hearing transcript to the hearing examiner. (d) Unless otherwise ordered by the hearing examiner, the parties may submit written memoranda of points and authorities at any time before the hearing. The hearing

39

examiner may order or allow the parties to file written memoranda of points and authorities after the conclusion of the hearing. (Adopted: 09/25/1991; Amended: 03/29/1993.) Source: Miss. Code Ann. § 75-76-33 Rule 8.6 Presentation Of Evidence. (a) Oral evidence may be taken only upon oath or affirmation administered by the hearing examiner. (b) Affidavits may be received in evidence as provided in subsection 3 of Miss. Code Ann. §75- 76-111. (c) Each party may: 1. Call and examine witnesses; 2. Introduce exhibits relevant to the issues of the case, including the transcript of testimony at any investigative hearing; 3. Cross-examine opposing witnesses on any matter relevant to the issues of the case, even though the matter was not covered in a direct examination; 4. Impeach any witness, regardless of which party first called him to testify; and 5. Offer rebuttal evidence. (d) If a party does not testify on his own behalf he may be called and examined as if under cross- examination. (Adopted: 09/25/1991; Amended: 03/29/1993.) Source: Miss. Code Ann. § 75-76-33 Rule 8.7 Admissibility Of Evidence. (a) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted and is sufficient in itself to support a finding if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a civil action. (b) The parties or their counsel may by stipulation agree that certain evidence be admitted even though such evidence might otherwise be subject to objection. (c) Irrelevant and unduly repetitious evidence should not be admitted. (Adopted: 09/25/1991; Amended: 03/29/1993.) Source: Miss. Code Ann. § 75-76-33 Rule 8.8 Subpoenas. At the request of a party, subpoenas must be issued by the hearing examiner as provided in subsection 1 of Miss. Code Ann. §75-76-109. (Adopted: 09/25/1991; Amended: 03/29/1993.) Source: Miss. Code Ann. § 75-76-33 Rule 8.9 Discovery. 40

No discovery shall be permitted except upon a finding of good cause justifying the discovery sought. (Adopted: 09/25/1991; Amended: 03/29/1993.) Source: Miss. Code Ann. § 75-76-33 Rule 8.10 Official Notice. The hearing examiner may take official notice of any generally accepted information or technical or scientific matter within the field of gaming, and of any other fact which may be judicially noticed by the courts of this state. The parties must be informed of any information, matters or facts so noticed and must be given a reasonable opportunity, on request, to refute such information, matters or facts by evidence or by written or oral presentation of authorities. The manner of such refutation shall be determined by the hearing examiner. (Adopted: 09/25/1991; Amended: 03/29/1993.) Source: Miss. Code Ann. § 75-76-33 Rule 8.11 Amended Or Supplemental Pleadings. The hearing examiner may, before submission of the case for decision, permit the filing of an amended or supplemental petition or response, including an amended or supplemental pleading that conforms to the evidence presented during the hearing. A request for permission to file an amended or supplemental pleading may be made orally during the hearing or in writing. If the request is in writing, a copy must be served on the opposing party. The hearing examiner thereafter shall provide the opposing party a reasonable opportunity to make objections thereto. If an application for leave to file an amended or supplemental pleading is granted, the hearing examiner must permit the parties to introduce additional evidence with respect to any new matter contained in the pleading. (Adopted: 09/25/1991; Amended: 03/29/1993.) Source: Miss. Code Ann. § 75-76-33 Rule 8.12 Continuances. Continuances of the hearing date may be granted upon a showing of good cause by the party requesting the continuance. (Adopted: 09/25/1991; Amended: 03/29/1993.) Source: Miss. Code Ann. § 75-76-33 Rule 8.13 Communications With The Hearing Examiner or Commission. (a) Unless required for the disposition of ex parte matters authorized by statute or regulation: 1. Neither a party nor his representative shall communicate, directly or indirectly, with any Commission member or the hearing examiner regarding any matter related to the hearing, except upon notice and opportunity to all parties to participate. 2. Neither a Commission member nor the hearing examiner shall communicate, directly or indirectly, with any party or his representative regarding any matter 41

related to the hearing, except upon notice and opportunity to all parties to participate. (b) This section does not preclude: 1. Any Commission member or the hearing examiner from consulting with Commission counsel concerning any matter related to the hearing. 2. A party or his counsel conferring with the hearing examiner or Commission counsel on procedural matters. (Adopted: 09/25/1991; Amended: 03/29/1993.) Source: Miss. Code Ann. § 75-76-33 Rule 8.14 Default. The unexcused failure of a party to appear at the hearing may constitute a default and an admission of any facts that may have been alleged by the opposing party. The hearing examiner may take action based on such default or admission or on any other evidence without further notice to the defaulting party. If the hearing examiner takes action based on an admission, the record must include the evidence upon which the action is based. (Adopted: 09/25/1991; Amended: 03/29/1993.) Source: Miss. Code Ann. § 75-76-33 Rule 8.15 Contempt. If any person in proceedings before the Commission or hearing examiner under this regulation disobeys or resists any lawful order or refuses to respond to a subpoena, or refuses to take the oath or affirmation as a witness, or thereafter refuses to be examined, or is guilty of misconduct during the hearing or so near the place thereof as to obstruct the proceeding, the Commission may certify the facts to the circuit court in and for the county where the proceedings are held. At the request of the Commission, the court shall then issue an order directing the person to appear before the court and show cause why he should not be punished for contempt. The court order and a copy of the statement of the Commission or hearing examiner must be served on the person cited to appear. Thereafter the court has jurisdiction of the matter, and the same proceedings must be had, the same penalties may be imposed and the person charged may purge himself of the contempt in the same way as in the case of a person who has committed a contempt in the trial of a civil action before a circuit court. (Adopted: 09/25/1991; Amended: 03/29/1993.) Source: Miss. Code Ann. § 75-76-33 Rule 8.16 Burden Of Proof. The petitioner bears the burden of showing by a preponderance of evidence that the decision made by the Executive Director pursuant to Miss. Code Ann. §75-76-159 should be reversed or modified. (Adopted: 09/25/1991; Amended: 03/29/1993.) Source: Miss. Code Ann. § 75-76-33

42

Rule 8.17 Decision Of The Hearing Examiner. (a) After the hearing, the hearing examiner shall render a written decision on the merits that sustains, modifies or reverses the initial decision of the Executive Director. (b) The decision of the hearing examiner must contain findings of fact and a determination of the issues presented. (c) A copy of the decision must be served on each party. The decision must be accompanied by proof of service in the form of a certificate signed by an agent or employee of the Commission and stating the date and manner of service. The decision is effective and final upon service on all parties, unless otherwise ordered by the hearing examiner. If the decision is sent by mail, it will be presumed to have been served five calendar days after it is mailed. (Adopted: 09/25/1991; Amended: 03/29/1993.) Source: Miss. Code Ann. § 75-76-33 Rule 8.18 Appeal To Commission. (a) Any party aggrieved by a final decision of the hearing examiner may appeal to the Commission pursuant to Miss. Code Ann. §75-76-119. (b) The Commission's review will be limited to the evidence before the hearing examiner. The Commission may remand the case to the hearing examiner for additional evidence if sufficient reason exists for the failure to present the evidence at the hearing. (c) The Commission may affirm, modify, or reverse the decision of the hearing examiner. (d) A copy of the Commission's decision must be served on each party. The decision must be accompanied by proof of service in the form of a certificate signed by an agent or employee of the Commission and stating the date and manner of service. The decision is effective and final upon service upon all parties, unless otherwise ordered by the Commission. If the decision is sent by mail it will be presumed to have been served five calendar days after it is mailed. (Adopted: 09/25/1991; Amended: 03/29/1993.) Source: Miss. Code Ann. § 75-76-33 Rule 8.19 Judicial Review. Judicial review of a final decision of the Commission may be had in accordance with Miss. Code Ann. §75-76-167 through 173, inclusive, of the Act. (Adopted: 09/25/1991; Amended: 03/29/1993.) Source: Miss. Code Ann. § 75-76-33 Part 3 Chapter 9: UNSUPERVISED MINORS Rule 9.1 In General. (a) Terms used in this regulation are defined, as follows: 1. “Minor” is a person younger than twenty-one (21) years of age. 2. “Gaming Areas” are the areas of the establishment, vessel, cruise vessel where gaming has been approved and is actively conducted. 43

3.

(b) (c) (d) (e) (f)

(g)

(h) (i) (j)

“Nongaming Areas” are the public common areas located upon the premises of a licensee, including, but not limited to, restaurants, arcades, pools, garages and parking lots. 4. “Unsupervised minor” is a minor not in the company of a parent, guardian, or other adult responsible for the welfare of the minor. The responsibility for minors lies first and foremost with parents. However, licensees should use reasonable efforts to safeguard the wellbeing of unsupervised minors. A licensee shall not allow a minor to play, place wagers, or collect winnings, whether personally or through an agent, from any gaming authorized under the Gaming Control Act. A licensee shall not allow minors to loiter in gaming areas. A licensee shall not allow unsupervised minors in gaming areas and shall not allow unsupervised minors in nongaming areas between the hours of 12:00 A.M. and 5:00 A.M. Minors shall be allowed in licensed childcare facilities on the premises at any time. If an unsupervised minor is found in violation of these regulations, security shall immediately take reasonable measures to locate the parent, guardian or other adult responsible for the welfare of the unsupervised minor. If located, the responsible person or persons will be brought to the unsupervised minor’s location and warned that they may not leave minors unattended except in accordance with this regulation. The parent, guardian or other adult responsible for the welfare of the unsupervised minor must present proper identification and the unsupervised minor will be returned to their care and custody. After the detection of a violation of this regulation, actions taken by security personnel shall be recorded in a log, which shall include the identification of the minor and, if available, the parent, guardian or other adult responsible for the welfare of the unsupervised minor and actions taken by security to remove the minor from the gaming floor. Upon discovery by a licensee that a minor has obtained access to the premises and participated in gaming activities, said licensee shall notify the Commission of the activity. Both the security and surveillance departments shall immediately determine, to the extent possible: 1. How the person was able to gain access to the premises without being detected and, where possible, how the licensee plans to prevent such breaches in the future; 2. Whether and how many times said person has gained access on previous occasions; and 3. The net winnings or losses attributable to the minor. A report of the foregoing shall be prepared and forwarded to the Commission within twenty-four (24) hours after the breach is discovered. The licensee shall prepare a request to the Commission on the ultimate disposition of any available winnings attributable to the underage patron. A licensee shall take reasonable efforts to caution patrons against leaving minors unattended, via signage, as well as upon registration at any lodging facilities on the premises, via a brochure. A licensee shall establish company policies and procedures and train all employees who directly interact with gaming patrons on the gaming premises in techniques to identify and respond in dealing with unsupervised minors and vulnerable adults. The provisions of this regulation are solely regulatory in nature and neither create a minimum standard of care toward the public nor establish a private cause of action for 44

non-compliance. (Adopted: 10/22/1998; Amended: 02/23/2006.) Source: Miss. Code Ann. § 75-76-33 Part 3 Chapter 10: PROCEDURES TO ADDRESS PROBLEM GAMBLING. Rule 10.1 Definitions. The following words and terms, when used in these regulations concerning self-exclusion procedures shall have the following meanings: (a) “Self-exclusion” means voluntarily having oneself barred from the premises of any licensed gaming establishment (hereinafter “casino”) in Mississippi and from all gamingrelated activities and privileges, including the issuance of gaming credit and checkcashing privileges; the receipt of direct-marketing and promotional materials regarding gaming opportunities, junket solicitations, player club memberships, complimentary goods and services and the like; and collection of any winnings or recovery of any losses during the exclusionary period. (b) “Premises” for purposes of self-exclusion shall mean “premises” as defined in the Gaming Control Act, §75-76-5(bb). (c) “Self-excluded person” means any person whose name is included on the self-exclusion list maintained by the Commission. (d) “Self-exclusion list” mean the list of names of self-excluded persons. (Adopted: 03/25/1999; Amended: 09/21/2000; Amended: 09/24/2003.) Source: Miss. Code Ann. § 75-76-33 Rule 10.2 Request For Self-Exclusion. (a) Any person may request placement on the list of self-excluded persons by acknowledging in a manner established by the Commission that the person is a problem gambler and by agreeing that, during any period of voluntary exclusion, the person may not collect any winnings or recover any losses resulting from gaming activity. The person requesting self exclusion must provide the following information to the commission in order to be placed on the list: 1. 2. 3. 4. 5. 6. 7.

(b) (c)

Name, including any aliases or nicknames Date of Birth Address Social Security number if such information is voluntarily provided A description of the person’s physical appearance Photograph and valid identification The length of the self exclusion period, which shall not be less than 3 years.

The request for self exclusion may only be made by the individual for whom the exclusion would apply. A person requesting placement on the self-exclusion list who is employed by a casino may enter the property to carry out their duties of employment or incidental activities related to employment. Their time must be limited to the time necessary to complete the assigned duties. Each casino should establish procedures for ensuring self-excluded

45

employees are limited to their job duties while on casino property. New employees should be checked against the list of self-excluded patrons. (Adopted: 03/25/1999; Amended: 09/21/2000; Amended: 09/24/2003; Amended: 06/25/2010.) Source: Miss. Code Ann. § 75-76-33 Rule 10.3 Self-Exclusion List. (a) The Commission shall maintain the official self-exclusion list and provide it to casinos. (b) Each casino shall maintain its own copy of the self-exclusion list and shall establish procedures to ensure that its copy of the self-exclusion list is updated and that all appropriate employees are notified of any addition to or deletion from the list within ten (10) days of any change to the list. (c) Casinos with affiliated gaming establishments in other jurisdictions may choose to share the self-exclusion list with and invoke it in those establishments, in accordance with applicable laws and regulations in those jurisdictions, and without violation of the confidentiality requirements of these regulations. (d) Information furnished to or obtained by the Commission pursuant to these regulations shall be deemed confidential and shall not be disclosed except in accordance with these regulations. (e) No casino, its affiliates, officers or employee thereof shall disclose the self-exclusion list or portion thereof except as necessary to comply with the provisions of these regulations. Notwithstanding the foregoing, such information may be disclosed to casino employees, officers, agents and affiliated companies, to law enforcement, and in response to a subpoena request or court order in criminal or civil proceedings. (f) A self-excluded individual may request permission to visit the non-gaming areas of a specific property for purposes of attending a conference, event or other non-gaming purpose. Any such request must be made to the Executive Director and be co-sponsored by a member of management at the specific property to be visited. The decision to approve or deny the request is within the sole discretion of the Executive Director and is not an appealable decision of the Commission. (Adopted: 03/25/1999; Amended: 09/21/2000; Amended: 09/24/2003; Amended 01/17/2008.) Source: Miss. Code Ann. § 75-76-33 Rule 10.4 Duties of Casino. (a) Each casino shall ensure patrons are provided with information on how to exclude themselves by written materials located in the casino and on all casino affiliated web applications and websites. (b) Each casino shall designate a person or persons to be the contact person with the Commission for purposes of self-exclusion procedures, including receipt and maintenance of the self- exclusion list, submission of the casinos procedures, and all other communications between the Commission and the casino for self-exclusion purposes. (c) Each casino shall establish procedures and systems which: 1. Require employees of the casino, upon identification of a self-excluded person in the casino, to notify: 46

i.

Those employees of the casino designated to monitor the presence of selfexcluded persons; and ii. Designated representatives of the Commission via Email. 2. Utilize the player tracking systems and other electronic means, including checking all taxable patron winnings against the self-exclusion list, to assist in determining whether self-excluded persons are participating in any gaming activities; 3. Deny casino credit, check cashing privileges, player club membership, complimentary goods and services, junket participation and other similar privileges and benefits to any self-excluded person; 4. Ensure that self-excluded persons do not receive, either from the casino or any agent thereof, targeted mailings, telemarketing promotions, player club materials or other promotional materials relative to gaming activities at its licensed casino. (d) Each casino shall post or provide at each entrance and exit to the gaming premises, and in conspicuous places in or near gaming or cage areas and cash dispensing machines located on the gaming premises information concerning the nature and symptoms of problem gambling, the procedure for self-exclusion, including where they can obtain Self-Exclusion information and the toll free number of the Mississippi Council on Compulsive Gambling or a similar entity approved by the Executive Director that provides information and referral services for problem gamblers. (e) Upon discovery by a casino that a self-excluded person has breached his self-exclusion and obtained access to the premises, said casino shall take steps to immediately eject such person from the premises, confiscate jackpot winnings and notify the Commission via electronic mail of the breach. Winnings in the form of wagering instruments such as gaming cheques or slot vouchers may be confiscated. Each casino shall submit written procedures for handling the confiscated winnings or jackpots. (f) Each casino shall submit to the Commission for written approval a copy of its procedures pursuant adoption of these regulations within 90 days. These procedures shall include the handling of confiscated jackpots from self-excluded patrons and specify procedures for employees on the exclusion list. Any amendment to the casino’s procedures shall be submitted to the Commission at least fourteen (14) days prior to their implementation. (Adopted: 03/25/1999; Amended: 09/21/2000; Amended: 09/24/2003; Amended: 06/25/2010.) (g) No sports gaming wager that is currently pending at the time of a person’s enrollment in the self-exclusion program may be voided or cancelled unilaterally by either party solely due to that person’s enrollment. If a patron makes a sports wager prior to enrollment in the self exclusion program and the outcome is not yet decided, the patron has the right to receive the amount owed, including any winnings or pushes. Source: Miss. Code Ann. § 75-76-33 Rule 10.5 Removal From Self-Exclusion List. Upon the expiration of the self-exclusion period, the Commission shall delete the name of the person from the self-exclusion list and make that information available to the casinos. (Adopted: 03/25/1999; Amended: 09/21/2000; Amended: 09/24/2003.)

47

Source: Miss. Code Ann. § 75-76-33 Rule 10.6 Training Of Casino Employees. Each casino shall implement procedures for training for all new employees, and annual retraining for all employees who directly interact with gaming patrons in gaming areas. That training shall, at a minimum, consist of information concerning the nature of problem gambling, the procedures for requesting self-exclusion, and assisting patrons in obtaining information about problem gambling programs. This section shall not be construed to impose a duty upon employees of casinos to identify problem gamblers nor to impose any liability for failure to do so. Each licensee shall designate personnel responsible for maintaining the training program. (Adopted: 03/25/1999; Amended: 09/21/2000; Amended: 09/24/2003.) Source: Miss. Code Ann. § 75-76-33 Rule 10.7 Noncompliance. (a) Any casino violating any requirements of these regulations on problem gambling may be subject to disciplinary action by the Mississippi Gaming Commission. (b) Any self-excluded person violating the terms of his or her self-exclusion agreement during the self-excluded period may be subject to (1) conviction for criminal trespass, and/or (2) placement by the Commission on the involuntary exclusion list as set out in Part Five (5). of these regulations. (c) The provisions of this regulation are solely regulatory in nature and neither create a minimum standard of care toward the public nor establish a private cause of action for non-compliance. (Adopted: 03/25/1999; Amended: 09/21/2000; Amended: 09/24/2003.) Source: Miss. Code Ann. § 75-76-33 Rule 10.8 Sharing The Self-Exclusion List With Other Jurisdictions. The Commission may enter into agreements with the Louisiana Gaming Commission, the Choctaw Gaming Commission, or other regulated gaming jurisdiction for the mutual sharing of self-exclusion lists, by which the Commission would forward Mississippi’s self-exclusion list to the other commission and likewise receive from that commission the self-exclusion list from that jurisdiction. The Commission may then provide and update the casinos with the exclusion lists from those jurisdictions in the same manner and using the same procedures as is provided in these regulations for Mississippi’s self-exclusion list. In that event, all rules and regulations concerning self-exclusion in Mississippi shall be applicable to the self-exclusion lists from those jurisdictions, just as if those persons had submitted a self-exclusion request in Mississippi; likewise, those persons who have self-excluded in Mississippi will be excluded in the other jurisdictions just as they are in Mississippi. (Adopted: 03/25/1999; Amended: 09/21/2000; Amended: 09/24/2003.) Source: Miss. Code Ann. § 75-76-33 Part 3 Chapter 11: Security 48

Rule 11.1 Definitions. For the purpose of this section (a) “AED” means automated external defibrillator. (b) “CPR” means cardio-pulmonary resuscitation. (c) “Gaming Areas” means the portion of a licensed gaming establishment where gaming is approved and actively conducted. (d) “Gaming Premises” means any portion of a licensed gaming establishment on which gaming activities are or lawfully could be conducted in accordance with the Act or these regulations. This shall include restaurants, shops or any other operations which are located on premises which could otherwise lawfully contain gaming activities. (e) “First Aid” shall mean the knowledge and skills necessary to recognize and provide basic care for injuries and sudden illnesses until advanced medical personnel arrive. (f) “Minor” is a person younger than twenty-one (21) years of age. (Adopted: 09/24/2003.) Source: Miss. Code Ann. § 75-76-33 Rule 11.2 Designated Responders. All licensed gaming establishments shall employ and have on staff 24 hours a day personnel trained in First Aid, CPR and AED operations. Use, operation and training shall be in accordance with Miss. Code Ann. §41-60-33 (Supp.1999) and with all other applicable state laws and regulations. Current certification(s) shall be maintained and available for inspection upon request. (Adopted: 09/24/2003.) Source: Miss. Code Ann. § 75-76-33 Rule 11.3 Automatic External Defibrillators. (a) All licensed gaming establishments shall be equipped with AED units for use on the gaming premises and shall comply with all reporting requirements of Miss. Code Ann. §41-60-33 (Supp.1999). (b) It is the responsibility of all licensed gaming establishments to determine the appropriate number and placement of AED units and the number of qualified staff necessary. (Adopted: 09/24/2003.) Source: Miss. Code Ann. § 75-76-33 Rule 11.4 Liability. (a) Pursuant to Miss. Code Ann. §73-25-37, any trained employee who in good faith renders emergency care or treatment by the use of AED to any person shall be immune from civil liability for any personal injury and or death as a result of that care or treatment, or as a result of any act or failure to act, in providing or arranging further medical treatment, where the employee acts as an ordinary, reasonable prudent person would have acted under the same or similar circumstances and the employee’s actions or failure to act does not amount to willful or wanton misconduct or gross negligence. (b) Any lawful gaming establishment is also immune from civil liability for any injuries or 49

death that results due to any act or omission by any employee rendering such care as set out in Rule 11.4(a), unless the employer acts with willful or wanton misconduct or gross negligence. (Adopted: 09/24/2003.) Source: Miss. Code Ann. § 75-76-33 Rule 11.5 Staffing Requirements. The Security Department shall staff permanent positions at points of public ingress and egress to the gaming areas as well as positions that rove the gaming and parking areas in order to ensure protection of assets and safety of patrons and employees. Security Officers are required as escorts for access to the Cage and Count Room, to transport fills, credits and markers to and from tables as well as ensure the safety of patrons on the property. Source: Miss. Code Ann. § 75-76-33 Rule 11.6 Required Posts. At all times the Licensee shall have a Security Officer posted at each public ingress and egress of the Gaming Areas. Any egress that cannot be utilized as an entry but is utilized as an emergency outlet will not require an Officer to be posted but will be monitored regularly. Source: Miss. Code Ann. § 75-76-33 Rule 11.7 Drop And Count. Security officers are required as escorts for Emergency Drops. A security officer must be present and positioned to monitor at all times the removal and placement of drop boxes. Source: Miss. Code Ann. § 75-76-33 Rule 11.8 Patron Safety. Licensees shall take steps to ensure all areas of a gaming property are regularly monitored by Security employee(s) to provide safe use for the patron(s) and employee(s). A licensee may engage a third party to provide security on the premises outside of the Gaming Areas, as long as the third party employees have no role in security over gaming activities. At no time shall a patron or employee be allowed on the gaming floor if their appearance has been disguised in a way that would prevent positive identification. A medical face mask can be worn but must be easily removable to allow for identification. Source: Miss. Code Ann. § 75-76-33 Rule 11.9 Underage Gaming. A person under the age of twenty-one (21) shall not play, be allowed to play, place wagers or collect winnings from any gaming authorized under the Gaming Control Act. A Licensee shall establish and maintain control of the Gaming Area to prevent a minor from gaining access to gaming. A minor that gains access to a gaming device or table may result in disciplinary action 50

to the Licensee in the form of a Notice of Violation or an Order to Show Cause. Once a Notice of Violation is issued, the Licensee will respond within three (3) days. The response shall include at a minimum written documentation detailing the incident from the Security Department, any disciplinary action taken and action taken to prevent any further breaches to ensure compliance. Before an Order to Show Cause will be issued to the Licensee, the following will be considered: (a) How many Notices of Violation has the Licensee received for this specific violation; (b) Has the Licensee failed to take action as submitted from a previous Violation Response; (c) Did the action taken by the Licensee fail to prevent the violation from recurring; and (d) Is access to the Gaming Area occurring through a common ingress. If an Order to Show Cause is issued, the Licensee shall appear before the Executive Director. Source: Miss. Code Ann. § 75-76-33 Rule 11.10 Monthly Security Reports. A Monthly Security Activity Report shall be submitted via e-mail to the local field office of the respective district by no later than the 10th of the following month being reported on a form prescribed by the Mississippi Gaming Commission. The form is all inclusive of activities that should be reported by the Security Department to the Commission each month. Source: Miss. Code Ann. § 75-76-33 Rule 11.11 Emergency Plans. In the event of an emergency; each Licensee shall have immediately available the emergency closure procedures as approved by MGC. The Licensee’s Emergency Plan shall provide a point of contact and specify the required number of personnel that will be needed in the event of an emergency to include the title of the employee and job responsibility. Security management shall not be assigned to a specific area that would limit their ability to respond to an emergency situation. Emergency Plans shall be submitted annually to the local field office in the month of January or anytime a significant change occurs throughout the year for review. Source: Miss. Code Ann. § 75-76-33

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