313.807. Excursion gambling boat license, application, fee--occupational license, application, fee--supplier license, application, fee--limited license, allowed, when.
Excursion gambling boat license, application, fee--occupationallicense, application, fee--supplier license, application,fee--limited license, allowed, when.
313.807. 1. A person may apply to the commission for a license toconduct gambling games on an excursion gambling boat or to operate anexcursion gambling boat as provided in sections 313.800 to 313.850. Theapplication for such licenses shall be filed with the commission and shallidentify the excursion gambling boat upon which gambling games will beauthorized, shall specify the exact location where the excursion gamblingboat will be docked, shall specify the extent of the land-based economicdevelopment or impact and an affirmative action plan for ownership,contracting and recruiting, training and hiring of minorities and women inall employment classifications for that area, a lease with a home dock cityor county, or in lieu thereof a resolution adopted by a city or countysupporting or opposing the docking and land-based economic development orimpact plan of the operator, and shall be in a form and contain informationas the commission prescribes. If a city or county fails to pass aresolution, such action shall not adversely affect the application whichshall be deemed complete. The applicant for such license shall file withthe application a nonrefundable fee of fifty thousand dollars or fifteenthousand dollars for each person to be investigated, whichever amount isgreater. The applicant shall be responsible for the total cost of theinvestigation. If the cost of the investigation exceeds the total amountof fees filed by the applicant in this subsection, the commission mayassess additional fees as it deems appropriate; however, if the applicantis denied a license, the applicant shall be entitled to a refund of thedifference between the application fee and the actual cost of theinvestigation. The initial license and first subsequent license renewal ofan excursion gambling boat operator shall be for a period of one year.Thereafter, license renewal periods shall be two years. However, thecommission may reopen licensing hearings at any time. The annual fee foranyone licensed pursuant to this subsection shall be set by the commissionat a minimum of twenty-five thousand dollars.
2. A person may apply to the commission for a license to conduct anoccupation within excursion gambling boat operations which the commissionhas identified as requiring a license. The commission shall establish andcharge holders of occupational licenses an annual license fee for eachoccupation in amounts determined appropriate by the commission and shall becharged each year the license is in effect. The commission shall set anonrefundable filing fee to cover the cost of any investigation. Eachapplicant for a license pursuant to this subsection shall annually file fora license.
3. A supplier shall annually apply for a license. The applicationfee shall be a nonrefundable amount set by the commission to cover the costof any investigation. The annual fee for such license shall be set by thecommission. The commission shall set all standards for equipment andsupplies.
4. A licensee licensed to conduct gambling games shall acquire allgambling games or implements of gambling from a licensed supplier or from aperson or entity approved by the commission. A licensee shall not sell orgive gambling games or implements of gambling to another licensee withoutthe commission's prior written approval. Any licensed supplier shall havea registered agent within this state.
5. The commission may issue a limited license to operate an excursiongambling boat as defined pursuant to subdivision (7) of section 313.800 ata dock other than its home dock, if such city or county where such dock islocated has approved gambling games on excursion gambling boats pursuant tosubsection 10 of section 313.812.
6. Prior to granting a license for an excursion gambling boat, thecommission shall ensure that the applicant complies with all local zoninglaws, provided that such laws were not changed to the detriment of theapplicant having an ownership interest, including without limitation, anoption to purchase, a contingent purchase agreement, leasehold interest orcontingent leasehold interest, that is the subject of the zoning law changewhen such law is enacted subsequent to the filing of such application.Nothing in this section shall be construed to prohibit a change in locallaw in favor of the applicant having the ownership interest in theproperty.
(L. 1991 H.B. 149 § 4 Adopted by Referendum, Proposition A, November 3, 1992, A.L. 1993 S.B. 10 & 11 § 4, A.L. 2000 S.B. 902)