75-76-275 - Factors to be considered in decision to grant or deny approval to conduct foreign gaming operations; imposition of conditions of approval.

§ 75-76-275. Factors to be considered in decision to grant or deny approval to conduct foreign gaming operations; imposition of conditions of approval.
 

(1)  The executive director and the commission shall consider without limitation the following factors in deliberating the granting or denial of approval to conduct foreign gaming operations: 

(a) The means, including agreements with foreign jurisdictions, for the commission and the executive director to obtain adequate access to information pertaining to the gaming operations in which the licensee seeks to be involved, and pertaining to any associate of the licensee in the foreign gaming operations. 

(b) Assurance that the licensee and his associates in the foreign gaming operations will recognize and abide by the conditions and restrictions imposed upon approval of participation. 

(c) Assurance that the right of Mississippi to collect license fees will be adequately protected through an effective accounting system designed to prevent the undetected employment of techniques to avoid payment. 

(d) Assurance that the relationship of the licensee with any associate will pose no unreasonable threat to the interest of the State of Mississippi in regulating the gaming industry within the state. 

(e) Other factors which are found to be relevant to the adequate protection of state-regulated gaming in Mississippi. 

(2)  The commission may impose conditions upon any approval of participation in foreign gaming operations, including without limitation: 

(a) The continuation of any factor listed in subsection (1) or any other factor considered relevant by the commission. 

(b) Requirements for internal accounting, administrative and managerial controls, including evidence of those controls to be filed with the commission or maintained in the principal office of the licensee in Mississippi and made available to the commission and the executive director and commission or their agents for examination and copying as requested. 

(c) Requirements for reports found necessary by the executive director or the commission. 

(d) Requirements for onsite audits to be conducted at the licensee's expense by independent certified public accountants, or their equivalent, who are acceptable to the executive director or the commission. 

(e) Requirements for disclosure and reporting of changes in beneficial ownership or control of any interest in a foreign gaming operation, including interest of the licensee and of others. 

(f) Requirements for onsite inspections at the expense of the licensee of foreign gaming operations by the executive director or the commission or their representatives. 
 

Sources: Laws,  1990 Ex Sess, ch. 45, § 139, eff from and after passage (approved June 29, 1990).