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CODE OF STATE REGULATIONS 1 JOHN R. ASHCROFT (11/30/18) Secretary of State Rules of Department of Public Safety Division 45—Missouri Gaming Commission Chapter 5—Conduct of Gaming Title Page 11 CSR 45-5.010 Presumption of the Right of Patrons to Participate in Gambling Games ..............3 11 CSR 45-5.020 Posting of Address of Commission (Rescinded July 30, 2018) .........................3 11 CSR 45-5.030 Participation in Gambling Games by a Holder of a Class A or Supplier License, and the Directors, Officers, Key Persons or Employees of Such Licensees .........3 11 CSR 45-5.050 Authorized Games ..............................................................................3 11 CSR 45-5.051 Minimum Standards for Blackjack ..........................................................3 11 CSR 45-5.053 Policies ...........................................................................................4 11 CSR 45-5.056 Ethical Restrictions .............................................................................5 11 CSR 45-5.060 Publication of Rules and Payoff Schedules for All Permitted Games ..................6 11 CSR 45-5.065 Patrons Unlawfully on Excursion Gambling Boat—Not Eligible for Gambling Game Winnings ................................................................................7 11 CSR 45-5.070 Payout Percentage for Electronic Gaming Devices ........................................7 11 CSR 45-5.075 Payout Percentage for Table Games and Progressive Table Games ....................7 11 CSR 45-5.080 Authorized Suppliers ...........................................................................7 11 CSR 45-5.090 Submission of Chips for Review and Approval ............................................7 11 CSR 45-5.100 Chip Specifications .............................................................................8 11 CSR 45-5.110 Primary, Secondary and Reserve Sets of Gaming Chips .................................9 11 CSR 45-5.120 Issuance and Use of Tokens for Gaming in Electronic Gaming Devices..............9 11 CSR 45-5.130 Exchange of Chips and Tokens ...............................................................9 11 CSR 45-5.140 Receipt of Gaming Chips or Tokens from Manufacturer ...............................10 11 CSR 45-5.150 Inventory of Chips and Tokens .............................................................10 11 CSR 45-5.160 Destruction of Chips and Tokens ...........................................................11 11 CSR 45-5.170 Destruction of Counterfeit Chips and Tokens ............................................11

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CODE OF STATE REGULATIONS 1JOHN R. ASHCROFT (11/30/18)Secretary of State

Rules ofDepartment of Public SafetyDivision 45—Missouri Gaming Commission

Chapter 5—Conduct of Gaming

Title Page

11 CSR 45-5.010 Presumption of the Right of Patrons to Participate in Gambling Games..............3

11 CSR 45-5.020 Posting of Address of Commission (Rescinded July 30, 2018) .........................3

11 CSR 45-5.030 Participation in Gambling Games by a Holder of a Class A or Supplier License, and the Directors, Officers, Key Persons or Employees of Such Licensees .........3

11 CSR 45-5.050 Authorized Games ..............................................................................3

11 CSR 45-5.051 Minimum Standards for Blackjack ..........................................................3

11 CSR 45-5.053 Policies ...........................................................................................4

11 CSR 45-5.056 Ethical Restrictions.............................................................................5

11 CSR 45-5.060 Publication of Rules and Payoff Schedules for All Permitted Games..................6

11 CSR 45-5.065 Patrons Unlawfully on Excursion Gambling Boat—Not Eligible for Gambling Game Winnings ................................................................................7

11 CSR 45-5.070 Payout Percentage for Electronic Gaming Devices........................................7

11 CSR 45-5.075 Payout Percentage for Table Games and Progressive Table Games ....................7

11 CSR 45-5.080 Authorized Suppliers ...........................................................................7

11 CSR 45-5.090 Submission of Chips for Review and Approval............................................7

11 CSR 45-5.100 Chip Specifications .............................................................................8

11 CSR 45-5.110 Primary, Secondary and Reserve Sets of Gaming Chips.................................9

11 CSR 45-5.120 Issuance and Use of Tokens for Gaming in Electronic Gaming Devices..............9

11 CSR 45-5.130 Exchange of Chips and Tokens ...............................................................9

11 CSR 45-5.140 Receipt of Gaming Chips or Tokens from Manufacturer ...............................10

11 CSR 45-5.150 Inventory of Chips and Tokens .............................................................10

11 CSR 45-5.160 Destruction of Chips and Tokens ...........................................................11

11 CSR 45-5.170 Destruction of Counterfeit Chips and Tokens ............................................11

2 CODE OF STATE REGULATIONS (11/30/18) JOHN R. ASHCROFT

Secretary of State

11 CSR 45-5.180 Tournament Chips and Tournaments .......................................................11

11 CSR 45-5.181 Promotional Activities........................................................................12

11 CSR 45-5.183 Table Game and Poker Cards—Specifications............................................13

11 CSR 45-5.184 Table Game Cards—Receipt, Storage, Inspections, and Removal from Use ........13

11 CSR 45-5.185 Poker Cards—Receipt, Storage, Inspections, and Removal from Use................15

11 CSR 45-5.190 Minimum Standards for Electronic Gaming Devices ...................................15

11 CSR 45-5.192 Electronic Gaming Device Authentication ................................................16

11 CSR 45-5.193 Statistical Performance of Electronic Gaming Devices .................................17

11 CSR 45-5.194 Operator Content Delivery Systems .......................................................17

11 CSR 45-5.200 Progressive Slot Machines...................................................................18

11 CSR 45-5.210 Integrity of Electronic Gaming Devices...................................................21

11 CSR 45-5.220 Computer Monitoring Requirements of Electronic Gaming Devices.................23

11 CSR 45-5.225 Request for Gaming Devices and Associated Equipment Approval ..................24

11 CSR 45-5.230 Certification and Registration of Electronic Gaming Devices .........................24

11 CSR 45-5.235 Analysis of Questioned Electronic Gaming Devices ....................................25

11 CSR 45-5.237 Shipping of Electronic Gaming Devices, Gaming Equipment or Supplies ..........25

11 CSR 45-5.240 Periodic Payments.............................................................................25

11 CSR 45-5.250 Finder’s Fees (Rescinded July 30, 2018) .................................................26

11 CSR 45-5.260 Dice Specifications............................................................................26

11 CSR 45-5.265 Dice—Receipt, Storage, Inspections and Removal from Use ..........................26

11 CSR 45-5.270 Safety Standards for Electronic Gaming Devices........................................28

11 CSR 45-5.280 Forfeiture of Illegal Winnings (Rescinded July 30, 2018)..............................28

11 CSR 45-5.290 Bingo Games...................................................................................28

11 CSR 45-5.300 Progressive Table Games ....................................................................28

11 CSR 45-5.400 Junket, Junket Enterprises, Junket Representatives—Definitions (Rescinded July 30, 2018) ..................................................................29

11 CSR 45-5.410 Junket Enterprise; Junket Representative; Agents; Employees—Policies and Prohibited Activities (Rescinded July 30, 2018) ........................................29

11 CSR 45-5.420 Junket—Agreements and Final Reports (Rescinded July 30, 2018) ..................29

Title 11—DEPARTMENT OFPUBLIC SAFETY

Division 45—Missouri GamingCommission

Chapter 5—Conduct of Gaming

11 CSR 45-5.010 Presumption of the Rightof Patrons to Participate in GamblingGames

PURPOSE: This rule establishes the generalright of a patron to participate in gamblinggames unless such patron engages in unlaw-ful or disruptive conduct.

(1) Unless otherwise authorized by sections313.800, RSMo et seq., as amended fromtime-to-time, and 11 CSR 45-1 et seq., asamended from time-to-time (collectively, the“Riverboat Gambling Act and Regulations”),no licensee may deny a patron the right toplay a table game that involves playing cardsand which is offered to the general public. Apatron may be denied such right if the patronengages in unlawful or disruptive conduct.The licensee shall notify a commission agentprior to removing such patron.

AUTHORITY: sections 313.004 and 313.805,RSMo 1994.* Original rule filed Dec. 17,1999, effective Aug. 30, 2000.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1992, 1993, 1994.

11 CSR 45-5.020 Posting of Address ofCommission (Rescinded July 30, 2018)

AUTHORITY: sections 313.004 and 313.805,RSMo Supp. 1993. Emergency rule filed Sept.1, 1993, effective Sept. 20, 1993, expiredJan. 17, 1994. Emergency rule filed Jan. 5,1994, effective Jan. 18, 1994, expired Jan.30, 1994. Original rule filed Sept. 1, 1993,effective Jan. 31, 1994. Rescinded: FiledDec. 7, 2017, effective July 30, 2018.

11 CSR 45-5.030 Participation in Gam-bling Games by a Holder of a Class A orSupplier License, and the Directors, Offi-cers, Key Persons or Employees of SuchLicensees

PURPOSE: This rule establishes standardsfor participation in games for certain people.

(1) No holder of a Class A or Class B licenseor any director, officer, key person, or anyother employee of such licensee shall play orbe permitted to play any gambling game in an

establishment owned or operated by suchClass A or Class B licensee and which islicensed by the commission.

(2) No holder of a supplier’s license or anydirector, officer, key person or any otheremployee of a supplier licensee shall play orbe permitted to play on an excursion gam-bling boat any gambling game which the sup-plier licensee provides under the authority ofthe license.

AUTHORITY: sections 313.004 and 313.807,RSMo 2000, and section 313.805, RSMoSupp. 2011.* Emergency rule filed Sept. 1,1993, effective Sept. 20, 1993, expired Jan.17, 1994. Emergency rule filed Jan. 5, 1994,effective Jan. 18, 1994, expired Jan. 30,1994. Original rule filed Sept. 1, 1993, effec-tive Jan. 31, 1994. Amended: Filed May 13,1998, effective Oct. 30, 1998. Amended:Filed Feb. 26, 2001, effective Sept. 30, 2001.Amended: Filed Sept. 29, 2011, effective May30, 2012.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994, 2000, 2008,2010; and 313.807, RSMo 1991, amended 1993, 2000.

11 CSR 45-5.050 Authorized Games

PURPOSE: This rule establishes the list ofauthorized games.

(1) No holder of a Class A license shall per-mit any game to be played other than thoseapproved by the commission. For each game,the holder of a Class A license shall providea set of game rules to the commission onehundred twenty (120) days in advance of thegame’s operation or within a time period asthe commission may designate and thesegames must be approved by the commission.Changes in permissible rules must be submit-ted in writing and approved by the commis-sion prior to implementation.

AUTHORITY: sections 313.004 and 313.805,RSMo 1994 and 313.807, RSMo Supp.1997.* Emergency rule filed Sept. 1, 1993,effective Sept. 20, 1993, expired Jan. 17,1994. Emergency rule filed Jan. 5, 1994,effective Jan. 18, 1994, expired Jan. 30,1994. Original rule filed Sept. 1, 1993, effec-tive Jan. 31, 1994. Amended: Filed June 2,1995, effective Dec. 30, 1995. Amended:Filed June 25, 1996, effective Feb. 28, 1997.Amended: Filed Feb. 19, 1998, effective Aug.30, 1998. Amended: Filed May 13, 1998,effective Oct. 30, 1998.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994; and 313.807,RSMo 1991, amended 1993, 1994.

11 CSR 45-5.051 Minimum Standards forBlackjack

PURPOSE: This rule establishes a set of min-imum standards for the game of Blackjack.

(1) The following words and terms, whenused in this rule, shall have the followingmeanings unless the context clearly indicatesotherwise.

(A) “Bart Carter Shuffle” means the shuf-fling procedure whereby approximately onedeck of cards is shuffled after being dealt,segregated into separate stacks and each stackis inserted into pre-marked locations withinthe remaining decks contained in the dealingshoe.

(B) “Determinant card” means the firstcard drawn for each round of play to deter-mine from which side of the two (2)-compart-ment dealing shoe the cards for that handshall be dealt.

(C) “Double shoe” means a dealing shoethat has two (2) adjacent compartments inwhich cards are stacked separately and whichpermits cards to be dealt from only one (1)compartment at any given time.

(2) A person who, without the assistance ofanother person or without the use of a physi-cal aid or device of any kind, uses the abilityto keep track of the value of cards played inBlackjack and uses predictions formed as aresult of the tracking information in his/herplaying and betting strategy shall not be con-sidered to be cheating.

(3) A Class B licensee may implement any ofthe following options at a Blackjack tableprovided that the casino licensee complieswith the notice requirements contained in 11CSR 45-5.060:

(A) Persons who have not made a wager onthe first round of play may not enter the gameon a subsequent round of play until a reshuf-fle of the cards has occurred;

(B) Persons who have not made a wager onthe first round of play may be permitted toenter the game, but may be limited to wager-ing only the minimum limit posted at thetable until a reshuffle of the cards hasoccurred;

(C) Persons who, after making a wager ona given round of play, decline to wager on anysubsequent round of play may be precludedfrom placing any further wagers until areshuffle of the cards has occurred;

(D) Persons who, after making a wager ona given round of play, decline to wager on anysubsequent round of play may be permitted toplace further wagers, but may be limited towagering only the minimum limit posted atthe table until a reshuffle of the cards has

CODE OF STATE REGULATIONS 3JOHN R. ASHCROFT (9/30/18)Secretary of State

Chapter 5—Conduct of Gaming 11 CSR 45-5

occurred; and(E) Use a double shoe with a determinate

card that selects which shoe to deal from dur-ing a particular hand.

(4) If a Class B licensee implements any ofthe options in section (3) of this rule, theoption shall be uniformly applied to all per-sons at the table; provided, however that if aClass B licensee has implemented either ofthe options in subsection (3)(C) or (D) of thisrule, an exception may be made for a patronwho temporarily leaves the table if, at thetime the patron leaves, the Class B licenseeagrees to reserve the patron’s spot until his orher return.

(5) Immediately prior to the commencementof play and after any shuffle of the cards, thedealer shall require that the cards be cut in amanner set forth in the Class B licensee’sinternal controls as approved by the commis-sion. Such internal controls shall be subjectto the following conditions:

(A) If the “Bart Carter Shuffle” is utilizedand the cards in the discard rack exceedapproximately one (1) deck in number, thedealer shall continue dealing the cards untilthat round of play is completed after which heshall remove the cards from the discard rackand shuffle those cards so that they are ran-domly intermixed. After the cards taken fromthe discard rack are shuffled, they shall besplit into three (3) separate stacks and eachstack shall be inserted into pre-marked loca-tions within the remaining decks contained inthe dealing shoe.

(6) A floor supervisor or above may directthe dealer to shuffle the cards after any roundof play is completed and all wagers have beenresolved.

(7) After the cards have been cut and beforeany cards have been dealt, a floor supervisormay require the cards to be recut if he or shedetermines that the cut was performedimproperly or in any way that might affect theintegrity or fairness of the game. If a recut isrequired, the cards shall be recut, at the ClassB licensee’s option, by the player who last cutthe cards, or by the next person entitled to cutthe cards, as determined by the Class Blicensee’s internal controls.

AUTHORITY: section 313.004, RSMo 2000and section 313.805, RSMo Supp. 2010.*Original rule filed Dec. 17, 1999, effectiveAug. 30, 2000. Amended: Filed Feb. 28,2007, effective Oct. 30, 2007. Amended:Filed July 28, 2010, effective Feb. 28, 2011.

*Original authority: 313.004, RSMo 1993, amended 1994;

313.805, RSMo 1991, amended 1993, 1994, 2000, 2008,2010.

11 CSR 45-5.053 Policies

PURPOSE: This rule details policies regard-ing methods of operation to be followed bylicensees.

(1) A holder of a Class B license shall com-ply with all federal regulations and require-ments for the withholding of taxes from win-nings and the filing of currency transactionreports.

(2) It is the policy of the commission torequire that all riverboats and gaming con-ducted on riverboats be operated in a mannersuitable to protect the public health, safety,morals, good order, and general welfare ofMissouri. Responsibility for the employmentand maintenance of suitable methods of oper-ation rests with the holder of a operator’slicense and willful or persistent use or toler-ation of methods of operation deemed unsuit-able will constitute grounds for disciplinaryaction, up to and including license revoca-tion.

(3) The holder of a Class A or B license isexpressly prohibited from the following activ-ities:

(A) Failing to exercise discretion and goodjudgment to prevent incidents which mightreflect on the repute of the state of Missouriand act as a detriment to the development ofthe industry, including allowing lewd enter-tainment on a boat;

(B) Permitting persons who are visiblyintoxicated to participate in gaming activity;

(C) Failing to conduct advertising and pub-lic relations activities in accordance withdecency, dignity, good taste, and honest andfair representation;

(D) Failing to comply with or make provi-sion for compliance with all federal, state,and local laws and regulations pertaining tothe operation of a license, including payinglicense fees, withholding payroll taxes, andviolating alcoholic beverage laws or rules;

(E) Permitting to remain in, or upon anylicensed premises, any associated gamblingequipment (primarily, but not limited to,cards or dice), which may have in any man-ner been marked, tampered with, or other-wise placed in a condition or operated in amanner which might affect the game and itspayouts;

(F) Permitting, if the licensee was aware orshould have been aware of, any cheatingwhatsoever;

(G) Permitting to remain in or upon any

licensed premises, any cheating device what-soever; or conducting, carrying on, operat-ing, or dealing any cheating or thieving gameor device on the premises;

(H) Permitting to remain in or upon anylicensed premises, if the licensee was aware,or should have been aware of, any gamblingdevice which tends to alter the normal randomselection of criteria which determines theresults of the game or deceives the public inany way;

(I) Failing to conduct gaming operations inaccordance with proper standards of custom,decorum, and decency; or to permit any typeof conduct on the riverboat which reflectsnegatively on the repute of the state of Mis-souri or acts as a detriment to the gamingindustry;

(J) Denying a commissioner or commis-sion agent, access to, for inspection purpos-es, any portion or aspect of the riverboat orattendant shore facilities;

(K) Denying a commissioner or commis-sion agent, information concerning anyaspect of the riverboat operation; and

(L) Failing to report to the commissionknown or suspected violations of commissionrules and applicable law.

(4) No person shall use, or possess with theintent to use, any calculator, computer, orother electronic, electrical, or mechanicaldevice at any table game that—

(A) Assists in projecting the outcome of agame;

(B) Keeps track of cards that have beendealt;

(C) Keeps track of changing probabilities;or

(D) Keeps track of playing strategies beingutilized, except as permitted by the commis-sion.

(5) Wagers may only be made—(A) By a person present on a licensed gam-

bling boat;(B) By persons twenty-one (21) years of

age or older; and(C) At the times allowed by the commis-

sion.

AUTHORITY: section 313.004, 313.800,313.805, 313.807, 313.812, 313.817, and313.830, RSMo 2016.* Original rule filedFeb. 19, 1998, effective Aug. 30, 1998.Amended: Filed May 13, 1998, effective Jan.30, 1999. Amended: Filed March 1, 2000,effective Sept. 30, 2000. Emergency amend-ment filed Oct. 29, 2008, effective Nov. 15,2008, expired May 13, 2009. Amended: FiledOct. 29, 2008, effective April 30, 2009.Emergency amendment filed July 31, 2014,

4 CODE OF STATE REGULATIONS (9/30/18) JOHN R. ASHCROFT

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

effective Aug. 28, 2014, expired Feb. 26,2015. Amended: Filed July 31, 2014, effectiveFeb. 28, 2015. Amended: Filed March 1,2018, effective Oct. 30, 2018.

*Original authority: 313.004, RSMo 1993, amended 1994,2014; 313.800, RSMo 1991, amended 1993, 1994, 2005,2014, 2016; 313.805, RSMo 1991, amended 1993, 1994,2000, 2008, 2016; 313.807, RSMo 1991, amended 1993,2000, 2012; 313.812, RSMo 1991, amended 1993, 1994,2000, 2014; 313.817, RSMo 1991, amended 1993, 2000,2008, 2014, 2016; and 313.830, RSMo 1991, amended1993, 2000, 2010, 2014.

11 CSR 45-5.056 Ethical Restrictions

PURPOSE: This rule establishes ethicalrestrictions for gambling licensees.

(1) For purposes of this 11 CSR 45-5.056—(A) “Affiliate” shall be defined as any enti-

ty with a parent company that is a holder ofor applicant for a Class A or supplier’slicense, or any entity that shares a commonparent company with a holder of or applicantfor a Class A or supplier’s license;

(B) “Appointed official” shall be definedas any employee or agent of a governmentalentity who holds a position with discretionaryauthority to take or vote on the followingactions:

1. Promulgation of ordinances, rules orregulations with the effect of law that areapplicable to the operations of a holder of orapplicant for a Class A or supplier’s license;

2. Granting of governmental approvals,licenses or certifications to a holder of orapplicant for a Class A or supplier’s license;

3. Enforcement of statutes or of ordi-nances, rules or regulations with the effect oflaw against a holder of or applicant for aClass A or supplier’s license or at a riverboatgaming operation; provided that, in the caseof law enforcement personnel, such personmust a) actually exercise such authority; b)be specifically assigned by the governmentalentity to exercise such authority; or c) holdthe power to assign such personnel to exercisesuch authority; and

4. Entering into any contract or agree-ment between the governmental entity and aholder of or applicant for a Class A or sup-plier’s license;

(C) “Commission representative” shall bedefined as any member, employee or agent ofthe commission or any employee of the statehighway patrol designated by the superinten-dent of the highway patrol to have direct reg-ulatory authority related to excursion gam-bling boats or any employee of the stateattorney general’s office designated by thestate attorney general to have direct regulato-ry authority related to excursion gamblingboats;

(D) “Direct gaming activity” shall be

defined as the management of a casino, theoperation of gambling games, the receipt ofwagers as part of such games, the payment ofwinnings to wagerers involved in such games,and the providing of gaming equipment orsupplies;

(E) “Direct ownership interest” shall bedefined as any financial interest, equitableinterest, beneficial interest, or ownershipcontrol held by the government official, orsuch person’s family member related withinthe second degree of consanguinity or affini-ty, in an excursion gambling boat operation;in any holder of or applicant for a Class A orsupplier’s license; or in any holding companyor affiliate company of a holder of or appli-cant for a Class A or supplier’s license; pro-vided that a direct ownership interest shallnot include any equity interest purchased atfair market value, or equity interest receivedas consideration for goods and services pro-vided at fair market value, of less than onepercent (1%) of the total outstanding sharesof stock of any publicly traded corporation orcertificates of partnership of any limited part-nership which is listed on a regulated stockexchange or automated quotation system;

(F) “Direct regulatory authority” shall bedefined as any role in the enforcement of theRiverboat Gambling Act and the regulationspromulgated thereunder;

(G) “Employ” shall be defined as any ofthe following:

1. Hiring a person as an employee; 2. Engaging the services of a person

with knowledge or reason to believe that theperson’s employer provides consideration tothe person that is derived from or contingentupon consideration paid to that employer forthe services provided; or

3. Engaging the services of an entitycontrolled by a person with knowledge or rea-son to believe that the person will receiveconsideration that is derived from or contin-gent upon consideration paid to the entity forthe services provided, in which case the con-trolling person is “employed”;

(H) “Ex parte communication” shall bedefined as direct or indirect communicationby any holder of or applicant for a Class A orsupplier’s license, or any representative oragent of such license holder or applicant,with any commission member regarding anymatters under the jurisdiction of the commis-sion related to the respective holder of orapplicant for a Class A or supplier’s license,unless such communications take place dur-ing an official commission or commissioncommittee meeting, or, if written, are provid-ed to all other commission members withinfive (5) days of the initial communication andprior to any commission action on the matter.The following shall not be defined as ex parte

communication:1. Any written communication

addressed and sent to all commission mem-bers;

2. Any communication taking place ata meeting of a governmental entity subject tothe Missouri Open Meetings Act, including,but not limited to, meetings of the commis-sion or any committee of the commission;

3. Any communication with employ-ees or agents of the commission who are notcommission members, including any suchcommunication that may also involve a com-mission member as a participant, providedthat, if a commission member does partici-pate in such communication, this exemptionshall apply only if the holder of or applicantfor a Class A or supplier’s license summa-rizes, reduces to writing and distributes suchwriting to all commission members withinfive (5) days of the communication and priorto any commission action on the matter; and

4. Any communication between acommission member and a government offi-cial;

(I) “Government official” shall be definedas any of the following:

1. A commission representative;2. A member of the General Assem-

bly; or 3. An elected official or an appointed

official of the state of Missouri or of any Mis-souri city or county in which the licensing ofexcursion gambling boats has been approvedin either the city or county or both;

(J) “Parent company” shall be defined as aholding company defined in 11 CSR 45-10.040(7)(B) or as any other entity which,directly or indirectly through one or moreintermediaries, possesses the power to director cause the direction of the management andpolicies of a person, whether through theownership of voting shares, by contract orotherwise; and

(K) “Representative or agent” of a licenseholder or applicant shall be defined as a keyperson or occupational licensee employee ofthe license holder or applicant or any individ-ual who acts as a common law agent onbehalf of the license holder or applicantbefore the commission, such as an attorney,accountant or lobbyist.

(2) No holder of or applicant for a Class A orsupplier’s license may have a contractualrelationship involving, as a party or agent ofa party, a person who is a government officialat the time of the relationship or who hasbeen a government official within (2) twoyears prior to the relationship, if such con-tractual relationship is one in which anyaspect of direct gaming activity is included inthe duties or obligations of the government

CODE OF STATE REGULATIONS 5JOHN R. ASHCROFT (9/30/18)Secretary of State

Chapter 5—Conduct of Gaming 11 CSR 45-5

official, former government official or theparty for which he or she acts as an agent.

(3) No holder of or applicant for a Class A orsupplier’s license, or any representative oragent of such license holder or applicant, mayenter into any contractual relationship withany commission representative in which thecommission representative receives consider-ation that is above fair market value.

(4) No holder of or applicant for a Class A orsupplier’s license may employ or offer toemploy a person, or the spouse or dependentchild of such a person, who is a governmentofficial at the time of such employment oroffer, or who has been a government officialwithin two (2) years prior to such employ-ment or offer.

(5) No holder of or applicant for a Class A orsupplier’s license, or any representative oragent of such license holder or applicant, mayattempt to influence any official action of agovernment official by reason of offering toemploy any person; provided that this 11CSR 45-5.056(5) shall not prohibit offeringemployment to any person who has been rec-ommended for employment by a governmentofficial, if the offer of employment is not anattempt to influence a specific official actionof that government official.

(6) No representative or agent of a holder ofor applicant for a Class A or supplier’slicense, may employ or offer employment toany commission representative.

(7) No holder of or applicant for a Class A orsupplier’s license may knowingly offer adirect ownership interest to or allow a directownership interest to be held by a person whois a government official at the time of holdingsuch direct ownership interest or who hasbeen a government official within two (2)years prior to holding such direct ownershipinterest; provided that knowledge of a brokeror transfer agent for a publicly traded licenseholder or applicant shall not be imputed tosuch license holder or applicant for purposesof this 11 CSR 45-5.056(7).

(8) No holder of or applicant for a Class A orsupplier’s license, or any representative oragent of such license holder or applicant, mayoffer any gift to any commission representa-tive or to any peace officer of any city orcounty which has approved gambling gameson excursion gambling boats pursuant to sec-tion 313.812.10, RSMo.

(9) No holder of or applicant for a Class A orsupplier’s license, or any representative oragent of such license holder or applicant, mayknowingly engage in ex parte communicationwith any commission member.

(10) No holder of or applicant for a Class Aor supplier’s license or any representative oragent of such license holder or applicant, mayoffer, promise, or give anything of value orbenefit to a person who is connected with aClass A licensee including, but not limitedto, an officer or employee of a licensee orholder of an occupational license, pursuant toan agreement or arrangement or with theintent that the promise or thing of value orbenefit will influence the actions of the per-son to whom the offer, promise or gift wasmade in order to affect or attempt to affectthe outcome of a gambling game, or to influ-ence official action of a member of the com-mission.

(11) No holder of or applicant for a Class Aor supplier’s license or any representative oragent of such license holder or applicant, maysolicit or knowingly accept or receive apromise of anything of value or benefit whilethe person is connected with an excursiongambling boat including, but not limited to,an officer or employee of a licensee or holderof an occupational license, pursuant to anagreement or arrangement or with the intentthat the promise or thing of value or benefitwill influence the actions of the person toaffect or attempt to affect the outcome of agambling game, or to influence official actionof a member of the commission.

(12) No holder of or applicant for a Class Aor supplier’s license or any representative oragent of such license holder or applicant maysolicit, suggest, request or recommend to anyindividual or entity the appointment of anycommission representative to any office,place, position or employment.

(13) No holder of or applicant for a Class Aor supplier’s license or any representative oragent of such license holder or applicant mayhire or utilize the services of a commissionrepresentative or a person who has been acommission representative within the previ-ous two (2) years as a representative or agentof the holder of or applicant for a Class A orsupplier’s license.

(14) No holder of or applicant for a Class Aor supplier’s license may enter into anyscheme or arrangement through which one ormore of the relationships, transactions or

activities prohibited by this 11 CSR 45-5.056is knowingly effected through an affiliate orparent company of the applicant or licenseholder in an attempt to circumvent the provi-sions of this 11 CSR 45-5.056.

(15) Notwithstanding sections 11 CSR 45-5.056(1) through (14), this 11 CSR 45-5.056shall not prohibit any applicant or licenseefrom—

(A) Allowing any person to engage in legalgaming activity as a patron of a casino;

(B) Charging an admission fee to any per-son to enter a gaming establishment; or

(C) Entering into an agreement with thestate, any political subdivision of the state orany other governmental entity that is other-wise legal and that has been disclosed to thecommission within ten (10) days of consum-mation; including, but not limited to, agree-ments for the reimbursement of expensesincurred by a governmental entity for servicesof agents or employees of that entity acting intheir official capacities.

AUTHORITY: sections 313.800, 313.805,313.812 and 313.830, RSMo 1994.* Originalrule filed Feb. 19, 1998, effective Aug. 30,1998. Amended: Filed May 13,1998, effec-tive Jan. 30, 1999. Amended: Filed Nov. 12,1998, effective June 30, 1999.

*Original authority: 313.800, RSMo 1991, amended 1993,

1994; 313.805, RSMo 1991, 1993, 1994; 313.812, RSMo

1991, amended 1993, 1994, 1995; and 313.830, RSMo

1991, amended 1993.

11 CSR 45-5.060 Publication of Rules andPayoff Schedules for All Permitted Games

PURPOSE: This rule establishes proceduresfor publication of rules and payoff schedulesfor all permitted games.

(1) A holder of a Class A license shall pro-vide in printed form, to all patrons whorequest one, the rule and accurate payoffschedules for each game in the area in whichthe game is played. The license holder(s)shall make payment in strict accordance withthe published payoff schedules. Payoff sched-ules must accurately state actual payoffsapplicable to a particular game or device andshall not be worded in a manner so as to mis-lead the public. Maintenance of any mislead-ing or deceptive matter on any payoff sched-ule or failure on the part of a Class A licenseeto make payment in strict accordance with thepublished payoff schedules may be deemed an

6 CODE OF STATE REGULATIONS (9/30/18) JOHN R. ASHCROFT

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

unsuitable method of operation. This formshall be posted in a conspicuous position onthe boat.

AUTHORITY: sections 313.004 and 313.805RSMo 1994 and 313.807, RSMo Supp.1997.* Emergency rule filed Sept. 1, 1993,effective Sept. 20, 1993, expired Jan. 17,1994. Emergency rule filed Jan. 5, 1994,effective Jan. 18, 1994, expired Jan. 30,1994. Original rule filed Sept. 1, 1993, effec-tive Jan. 31, 1994. Amended: Filed May 13,1998, effective Oct. 30, 1998.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994; and 313.807,RSMo 1991, amended 1993, 1994.

11 CSR 45-5.065 Patrons Unlawfully onExcursion Gambling Boat—Not Eligiblefor Gambling Game Winnings

PURPOSE: This rule establishes a procedurefor denying a patron that is unlawfully on thecasino floor from claiming winnings from agambling game.

(1) As used in this rule, “gambling game pay-out” means any money, merchandise or thingof value that, according to the rules of thegambling game that have been approved bythe commission, is to be paid to a patronbecause of a specific combination(s) of char-acters or symbols on an electronic gamingdevice or a specific result in a table game.

(2) Patrons that are excluded from excursiongambling boats pursuant to 11 CSR 45-15 etseq., 11 CSR 45-17 et seq., and patrons whoare under twenty-one (21) years of age are noteligible to claim gambling game payouts.

(3) If, prior to awarding a gambling gamepayout, a licensee learns that the patronattempting to claim the winnings fits the cri-teria in section (2) of this rule, the licenseeshall immediately notify a commission agent.The commission agent shall require thepatron to produce positive photo identifica-tion. If the commission agent determines thatthe patron fits the criteria set forth in section(2) of this rule, he shall order the licensee toreturn the wager to the patron and deny thepatron the proceeds of the gambling gamepayout. The agent shall then escort the patronoff the excursion gambling boat and shall takeenforcement action as deemed appropriate oras mandated by law. For accounting purposes,the proceeds of the gambling game payoutshall be treated as though the wager had notbeen made.

AUTHORITY: sections 313.004, 313.805,313.817, and 313.822, RSMo 2016.* Originalrule filed Dec. 27, 2000, effective July 30,2001. Amended: Filed Sept. 29, 2011, effec-tive May 30, 2012. Amended: Filed April 26,2018, effective Dec. 30, 2018.

*Original authority: 313.004, RSMo 1993, amended 1994,2014; 313.805, RSMo 1991, amended 1993, 1994, 2000,2008, 2010; 313.817, RSMo 1991, amended 1993, 2000,2008, 2014, 2016; and 313.822, RSMo 1991, amended1993, 2000, 2008, 2009.

11 CSR 45-5.070 Payout Percentage forElectronic Gaming Devices

PURPOSE: This rule establishes the payoutpercentage for electronic gaming devices.

(1) A holder of a Class B license shall, by thetenth day of each calendar month, display sig-nage containing the actual aggregate payoutpercentage to the nearest one-tenth percent(0.1%) of all the electronic gaming devices inoperation during the previous month and thefollowing statement “For more informationon payout percentages by denomination visitwww.mgc.dps.mo.gov.” The signs shall beconspicuously placed so they can be readilyseen by patrons at each patron entrance to thegaming floor and at each cashier cage thatredeems tickets.

AUTHORITY: section 313.004, RSMo 2000,and section 313.805, RSMo Supp. 2013.*Emergency rule filed Sept. 1, 1993, effectiveSept. 20, 1993, expired Jan. 17, 1994. Emer-gency rule filed Jan. 5, 1994, effective Jan.18, 1994, expired Jan. 30, 1994. Originalrule filed Sept. 1, 1993, effective Jan. 31,1994. Amended: Filed May 13, 1998, effec-tive Oct. 30, 1998. Amended: Filed March 1,2002, effective Sept. 30, 2002. Amended:Filed Nov. 4, 2015, effective June 30, 2016.

*Original authority: 313.004, RSMo 1993, amended 1994and 313.805, RSMo 1991, amended 1993, 1994, 2000,2008.

11 CSR 45-5.075 Payout Percentage forTable Games and Progressive Table Games

PURPOSE: This rule establishes minimumpayout percentages for progressive wagers ontable games.

(1) Table games shall have a minimum theo-retical return to players of seventy percent(70%) of the total amount wagered and amaximum theoretical hold distributed to theClass B licensee of thirty percent (30%). Thecomputation of the theoretical return to playerand hold shall be based on the optimum play-er strategy for the game and use generally

accepted mathematical analysis techniques.

(2) Table games progressive wagers shallhave a minimum theoretical return to playersof seventy percent (70%) of the amountwagered and a maximum theoretical hold dis-tributed to the Class B licensee of thirty per-cent (30%). Table games that include pro-gressive jackpots shall include a progressivemeter, visible to the public. If any part of thedistribution to the progressive jackpot(s) isbeing used to fund a secondary jackpot, visi-ble signage informing players of this supple-mental distribution must be placed in theimmediate area of the table. The existence ofprogressive jackpots and the distributions tothose jackpots shall be set forth in the “rulesof the game” within a licensee’s internal con-trols for each game having a progressive jack-pot(s).

(3) Any table game not meeting these distri-bution requirements shall be deemed anunauthorized gambling game.

AUTHORITY: sections 313.004 and 313.807,RSMo 2000 and section 313.805, RSMoSupp. 2010.* Original rule filed May 10,2000, effective Nov. 30, 2000. Amended:Filed March 1, 2002, effective Sept. 30,2002. Amended: Filed July 28, 2010, effectiveFeb. 28, 2011.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994, 2000, 2008,2010; 313.807, RSMo 1991, amended 1992, 1993, 2000.

11 CSR 45-5.080 Authorized Suppliers

PURPOSE: This rule establishes authorizedsuppliers.

(1) Chips, tokens, dice, playing cards andelectronic gaming devices may only be pur-chased from a licensed supplier of thoseitems.

AUTHORITY: sections 313.004, 313.805, and313.807, RSMo Supp. 1993.* Emergency rulefiled Sept. 1, 1993, effective Sept. 20, 1993,expired Jan. 17, 1994. Emergency rule filedJan. 5, 1994, effective Jan. 18, 1994, expiredJan. 30, 1994. Original rule filed Sept. 1,1993, effective Jan. 31, 1994.

*Original authority: 313.004, RSMo 1993 and 313.805and 313.807, RSMo 1991, amended 1993.

11 CSR 45-5.090 Submission of Chips forReview and Approval

PURPOSE: This rule establishes process forsubmission of chips for review and approval.

CODE OF STATE REGULATIONS 7JOHN R. ASHCROFT (11/30/18)Secretary of State

Chapter 5—Conduct of Gaming 11 CSR 45-5

(1) Each holder of a Class B license shallsubmit to the commission for approval a sam-ple of each denomination of value and nonva-lue chips in its primary and secondary setsand shall not utilize these chips for gamingpurposes until approved in writing by thecommission.

(A) In requesting approval of these chips, aholder of a Class B license prior to having thechips manufactured, shall first submit to thecommission a detailed schematic of its pro-posed chips, and a sample chip, which shallshow the front, back, and edge of eachdenomination of value chip and each nonval-ue chip and the design and wording to be con-tained on the chip, all of which shall bedepicted on the schematic or chip as they willappear, both as to size and location, on theactual chip. Once the design schematics orchip is approved by the commission, no valueor nonvalue chip shall be issued or utilizedunless and until a sample of each denomina-tion of value chip and each color of nonvaluechip is also submitted to and approved by thecommission.

(B) The name and address of the manufac-turer shall be provided to the commission.

(C) No holder of a Class B license or otherperson licensed by the commission shall man-ufacture for, sell to, distribute to, or use inany casino outside of Missouri, any value ornonvalue chips having the same edge designas those approved for use in Missouri.

AUTHORITY: section 313.004, RSMo 2000,and sections 313.805 and 313.807, RSMoSupp. 2014.* Emergency rule filed Sept. 1,1993, effective Sept. 20, 1993, expired Jan.17, 1994. Emergency rule filed Jan. 5, 1994,effective Jan. 18, 1994, expired Jan. 30,1994. Original rule filed Sept. 1, 1993, effec-tive Jan. 31, 1994. Amended: Filed June 2,1995, effective Dec. 30, 1995. Amended:Filed May 13, 1998, effective Oct. 30, 1998.Amended: Filed July 31, 2014, effective Feb.28, 2015.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994; and 313.807,RSMo 1991, amended 1993.

11 CSR 45-5.100 Chip Specifications

PURPOSE: This rule establishes chip specifi-cations.

(1) Value Chips. (A) Each chip issued by a holder of a Class

B license shall be round in shape, have clear-ly and permanently impressed, engraved orimprinted on it the name of the riverboat andthe specific value of the chip, and at least onone (1) side of the chip, the city or other

locality and the state where the establishmentis located and the manufacturer’s name or adistinctive logo or other mark identifying themanufacturer, except that a holder of a ClassB license may issue gaming chips without avalue impressed, engraved or imprinted on itfor roulette. Chips with a value contained onthem shall be known as value chips and chipswithout a value contained on them shall beknown as nonvalue chips.

(B) Unless otherwise authorized by thecommission, value chips may be issued byClass B licensees in denominations of fiftycents, one, two, two and one-half, five, twen-ty-five, one hundred, five hundred, one thou-sand, five thousand, and ten thousand dollars(50¢, $1, $2, $2.50, $5, $25, $100, $500,$1,000, $5,000 and $10,000). The licenseesshall have the discretion to determine thedenominations to be utilized on its riverboatand the amount of each denomination neces-sary for the conduct of gaming operations.

(C) Each denomination of value chip shallhave a different primary color from everyother denomination of value chip. Unless oth-erwise approved by the commission, valuechips shall fall within the colors set forth inthis subsection when the chips are viewedboth in daylight and under incandescent light.In conjunction with these primary colors,each holder of a Class B license shall utilizecontrasting secondary colors for the edgespots on each denomination of value chip.Unless otherwise approved by the commis-sion, no holder of a Class B license shall usea secondary color on a specific denominationof chip identical to the secondary color usedby another holder of a Class B license on thatsame denomination of value chip. The prima-ry color to be utilized by each holder of aClass B license for each denomination ofvalue chip shall be—

1. 50¢ Pink2. $ 1 White3. $ 2 Beige4. $2.50 Blue5. $ 5 Red6. $ 25 Green7. $100 Black8. $500 Fire Orange9. $1,000 Purple10. $5,000 Gray11. $10,000 Yellow

(D) Each denomination of value chip uti-lized by a holder of a Class B license unlessotherwise authorized by the commission,shall—

1. Have its center portion impressed,engraved or imprinted with the value of thechip and the riverboat issuing it and utilize adifferent shape for each denomination;

2. Be designed so as to be able to deter-

mine on surveillance closed circuit televisionthe specific denomination of a chip whenplaced in a stack of chips of other denomina-tions; and

3. Be designed, manufactured and con-structed so as to prevent, to the greatestextent possible, the counterfeiting of valuechips.

(2) Nonvalue Chips. (A) Each nonvalue chip utilized by a river-

boat shall be issued solely for the purpose ofgaming at roulette. The nonvalue chip(s) ateach roulette table shall—

1. Have the name of the riverboat issu-ing it molded into its center;

2. Contain a design, insert or symboldifferentiating it from the nonvalue chipsbeing used at every other roulette table in theriverboat;

3. Have “Roulette” impressed on it; and 4. Be designed, manufactured and con-

structed so as to prevent, to the greatestextent possible, the counterfeiting of thesechips.

(B) Nonvalue chips issued at a roulettetable shall only be used for gaming at thattable and shall not be used for gaming at anyother table in the riverboat, nor shall anyholder of a Class B license or its employeesallow any riverboat patron to remove nonval-ue chips permanently from the table fromwhich they were issued.

(C) No person at a roulette table shall beissued or permitted to game with nonvaluechips that are identical in color and design tovalue chips or to nonvalue chips being usedby another person at the same table. When apatron purchases nonvalue chips, a nonvaluechip of the same color shall be placed in aslot or receptacle attached to the outer rim ofthe roulette wheel. At that time, a markerdenoting the value of a stack of twenty (20)chips of that color shall be placed in the slotor receptacle.

(D) Nonvalue chips shall only be presentedfor redemption at the table from which theywere issued and shall not be redeemed orexchanged at any other location in the river-boat gaming operation. When so presented,the dealer at the issuing table shall exchangethem for an equivalent amount of value chipswhich may then be used by the patron ingaming or redeemed as any other value chips.

(E) Each holder of a Class B license shallhave the discretion to permit, limit or prohibitthe use of value chips in gaming at rouletteprovided, however, that it shall be the respon-sibility of the licensee to keep an accurateaccount of the wagers being made at roulettewith value chips so that the wagers made byone player are not confused with those made

8 CODE OF STATE REGULATIONS (11/30/18) JOHN R. ASHCROFT

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

by another player at the table.

AUTHORITY: section 313.004, RSMo 2000and sections 313.805 and 313.817, RSMoSupp. 2008.* Emergency rule filed Sept. 1,1993, effective Sept. 20, 1993, expired Jan.17, 1994. Emergency rule filed Jan. 5, 1994,effective Jan. 18, 1994, expired Jan. 30,1994. Original rule filed Sept. 1, 1993, effec-tive Jan. 31, 1994. Amended: Filed May 13,1998, effective Oct. 30, 1998. Amended:Filed April 3, 2001, effective Oct. 30, 2001.Amended: Filed Oct. 29, 2008, effective April30, 2009. Amended: Filed June 30, 2009,effective Jan. 30, 2010.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994, 2000, 2008;and 313.817, RSMo 1991, amended 1993, 2000, 2008.

11 CSR 45-5.110 Primary, Secondary andReserve Sets of Gaming Chips

PURPOSE: This rule establishes the processfor having primary, secondary and reservesets of gaming chips.

(1) Unless otherwise authorized by the com-mission, each riverboat shall have a primaryset of value chips, a separate secondary set ofvalue chips and a nonvalue chip reservewhich shall conform to the color and designspecifications set forth in 11 CSR 45-5.100.An approved secondary set of value chips andreserve nonvalue chips shall be placed intoactive play whenever the primary set isremoved.

(A) The secondary set of value chips shallhave different secondary colors than the pri-mary set and shall be required for all denom-inations.

(B) Each holder of a Class A license shallhave a nonvalue chip reserve for each colorutilized in the riverboat with a design insertor symbol different from those nonvaluechips comprising the primary set.

(C) The holder of a Class A license shallremove the primary set of gaming chips fromactive play whenever—

1. A determination is made by thelicensee that the riverboat gaming operationis taking on a significant number of counter-feit chips;

2. Any other impropriety or defect inthe utilization of the primary set of chipsmakes removal of the primary set necessary;or

3. The director so directs. (D) Whenever the primary set of chips is

removed from active play, the licensee shallimmediately notify a representative of thecommission as to the reason for this occur-

rence.

AUTHORITY: sections 313.004, 313.805, and313.817, RSMo 1994 and 313.807, RSMoSupp. 1997.* Emergency rule filed Sept. 1,1993, effective Sept. 20, 1993, expired Jan.17, 1994. Emergency rule filed Jan. 5, 1994,effective Jan. 18, 1994, expired Jan. 30,1994. Original rule filed Sept. 1, 1993, effec-tive Jan. 31, 1994. Amended: Filed May 13,1998, effective Oct. 30, 1998.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994; 313.807,RSMo 1991, amended 1993; and 313.817, RSMo 1991,amended 1993.

11 CSR 45-5.120 Issuance and Use ofTokens for Gaming in Electronic GamingDevices

PURPOSE: This rule establishes the proce-dures for the issuance and use of electronicgame tokens.

(1) No holder of a Class A license shall issueor cause to be utilized in the riverboat gamingoperation any tokens for gaming in electronicgaming devices unless the tokens areapproved by the commission. In requestingapproval of the tokens, the licensee shall firstsubmit to the commission a detailed schemat-ic of its proposed token which shall show itsfront, back and edge, its diameter and thick-ness and any logo, design or wording to becontained on it, all of which shall be depictedon the schematic as they will appear, both asto size and location, on the actual token.Once the design schematics are approved bythe commission, no token shall be issued orutilized until a sample of the token is alsosubmitted and approved by the commission.

(2) A holder of a Class A license with theapproval of the commission, shall issue metaltokens designed for gaming in its electronicgaming devices. These tokens shall—

(A) Be round in shape, have clearly andpermanently impressed, engraved or imprint-ed on them the name of the casino and thespecific value of the token, and at least onone (1) side of the token, the city or otherlocality and the state where the establishmentis located and the manufacturer’s name or adistinctive logo or other mark identifying themanufacturer;

(B) Contain the statement—“Not LegalTender”;

(C) Not be deceptively similar to any cur-rent or past coin of the United States or a for-eign country;

(D) Not be of a size or shape or have othercharacteristics which will physically present

their use to activate lawful vending machinesor other machines designed to be operated bycoins of the United States; and

(E) Not be manufactured from a ferromag-netic material or from a three (3)-layeredmaterial consisting of a copper-nickel alloyclad on both sides of a pure copper core orfrom a copper-based alloy, except if the totalzinc, nickel, aluminum, magnesium andother alloying metal exceeds twenty-five per-cent (25%) of the token’s weight.

(3) Tokens approved for issuance by a holderof a Class A license shall be—

(A) Issued to a patron upon payment for atoken or in accordance with a complimentarydistribution program;

(B) Capable of insertion into designatedelectronic gaming devices operated by theholder of a Class A license for the purpose ofactivating play;

(C) Available as a payout from the hopperof the electronic gaming devices; and

(D) Redeemable by the patron in accor-dance with the Act.

AUTHORITY: sections 313.004, 313.805, and313.817, RSMo 1994 and 313.807, RSMoSupp 1997.* Emergency rule filed Sept. 1,1993, effective Sept. 20, 1993, expired Jan.17, 1994. Emergency rule filed Jan. 5, 1994,effective Jan. 18, 1994, expired Jan. 30,1994. Original rule filed Sept. 1, 1993, effec-tive Jan. 31, 1994. Amended: Filed June 2,1995, effective Dec. 30, 1995. Amended:Filed May 13, 1998, effective Oct. 30, 1998.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994; 313.807,RSMo 1991, amended 1993; and 313.817, RSMo 1991,amended 1993.

11 CSR 45-5.130 Exchange of Chips andTokens

PURPOSE: This rule establishes the processfor exchange of chips and tokens.

(1) Chips shall be issued to a person only atthe request of that person and shall not begiven as change in any other transaction.Chips shall be issued to riverboat patrons atcashier’s cages, at the live gaming devices, orat stations adjacent to the gaming area ifapproved by the commission. Chips may beredeemed at cashier’s cages.

(2) Tokens shall only be issued upon therequest of a patron from a cashier’s cage orfrom employees of the holder of a Class Blicense at the electronic gaming devices area.Tokens may be redeemed at a cashier’s cage.

CODE OF STATE REGULATIONS 9JOHN R. ASHCROFT (6/30/18)Secretary of State

Chapter 5—Conduct of Gaming 11 CSR 45-5

10 CODE OF STATE REGULATIONS (6/30/18) JOHN R. ASHCROFT

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

(3) Chips or tokens shall only be redeemedby a holder of a Class B license for its patronsand shall not be knowingly redeemed fromany nonpatron source; provided, however,that nongaming employees of the riverboatmay redeem chips or tokens they havereceived as gratuities.

(4) Value chips may be accepted from patronsas payment at face value for food or beveragespurchased on the gaming floor. Any changedue back to the patron shall be provided incash or U.S. coin. All value chips accepted aspayment for food or beverages shall beexchanged for cash at the cage or main bankduring the same shift they were accepted aspayment. Non-value (roulette) and tournamentchips shall not be used for purposes other thanwagering on approved gambling games. Cur-rency transaction reporting requirements shallapply to any qualifying dollar value exchangesof value chips for products or services.

(5) Each riverboat shall promptly redeem itsown chips and tokens by cash or by checkdated the day of the redemption on an accountof the riverboat as requested by the patron,except when the chips and tokens wereobtained or used unlawfully.

(6) Each riverboat may demand the redemp-tion of its chips or tokens from any person inpossession of them and that person shallredeem the chips or tokens upon presentationof an equivalent amount of cash by the river-boat.

(7) No riverboat shall knowingly accept,exchange, use or redeem gaming chips ortokens issued by another riverboat.

(8) Each riverboat shall cause to be postedand remain posted in a prominent place—

(A) On the front of a cashier’s cage, a signthat reads as follows—“Gaming chips issuedby another riverboat may not be used,exchanged or redeemed on this riverboat”;

(B) On electronic gaming device tokenredemption booths, a sign that reads—“Tokens issued by another riverboat may notbe used, exchanged or redeemed on thisriverboat”; and

(C) Near each entrance to the casino floor,a sign that reads—“State law prohibits the useof gaming chips for purchases off the gamingfloor.”

AUTHORITY: sections 313.004 and 313.807,RSMo 2000 and sections 313.805 and313.817, RSMo Supp. 2010.* Emergency rulefiled Sept. 1, 1993, effective Sept. 20, 1993,expired Jan. 17, 1994. Emergency rule filedJan. 5, 1994, effective Jan. 18, 1994, expiredJan. 30, 1994. Original rule filed Sept. 1,

1993, effective Jan. 31, 1994. Amended:Filed Feb. 19, 1998, effective Aug. 30, 1998.Amended: Filed May 13, 1998, effective Jan.30, 1999. Amended: Filed Oct. 22, 2010,effective June 30, 2011.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994, 2000, 2008,2010; 313.807, RSMo 1991, amended 1993, 2000; and313.817, RSMo 1991, amended 1993, 2000, 2008.

11 CSR 45-5.140 Receipt of Gaming Chipsor Tokens from Manufacturer

PURPOSE: This rule establishes the processfor receipt of gaming chips and tokens frommanufacturers.

(1) When chips or tokens are received fromthe manufacturer, they shall be opened andchecked by at least two (2) employees fromdifferent departments of the holder of a ClassA license. Any deviation between the invoiceaccompanying the chips or tokens and theactual chips or tokens received or any defectsfound in the chips or tokens shall be reportedpromptly to the commission. An agent of thecommission will be notified both by the sup-plier and the casino manager of the time ofdelivery of any chips or tokens to the holderof a Class A license.

(2) After checking the chips or tokensreceived, the holder of a Class A license shallcause to be reported in a chip and tokeninventory ledger—the denomination of thechips or tokens received, the number of eachdenomination of chip or token received, thenumber and description of all nonvalue chipsreceived, the date of receipt and the signatureof the individuals who checked the chips ortokens.

(3) If any of the chips received are to be heldin reserve and not utilized, either at the gam-ing tables or at a cashier’s cage, they shall bestored in a separate locked compartmenteither in the vault or in a cashier’s cage andshall be recorded in the chip and token inven-tory ledger as reserve chips.

(4) Any chips received that are part of thesecondary set of chips of the riverboat shallbe recorded in the chip and token inventoryledger as such and shall be stored in a lockedcompartment in the riverboat vault separatefrom the reserve chips.

AUTHORITY: sections 313.004, 313.805, and313.817, RSMo 1994 and 313.807, RSMoSupp. 1997.* Emergency rule filed Sept. 1,1993, effective Sept. 20, 1993, expired Jan.17, 1994. Emergency rule filed Jan. 5, 1994,

effective Jan. 18, 1994, expired Jan. 30,1994. Original rule filed Sept. 1, 1993, effec-tive Jan. 31, 1994. Amended: Filed May 13,1998, effective Oct. 30, 1998.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994; 313.807,RSMo 1991, amended 1993; and 313.817, RSMo 1991,amended 1993.

11 CSR 45-5.150 Inventory of Chips andTokens

PURPOSE: This rule establishes the processfor inventory of chips and tokens.

(1) In the presence of at least two (2) individ-uals, chips shall be taken from or returned toeither the reserve chip inventory or the sec-ondary set of chips. The denominations,number and amount of chips taken orreturned shall be recorded in the chip andtoken inventory ledger together with the dateand signatures of the individuals carrying outthis process.

(2) Each holder of a Class A license on amonthly basis, shall compute and record theunredeemed liability for each denominationof chips and tokens and cause to be made aninventory of chips and tokens in circulationand cause the result of this inventory to berecorded in the chip and token inventoryledger. On a monthly basis, each holder of aClass A license shall cause an inventory ofchips in reserve to be made and cause theresult of this inventory to be recorded in thechip and token inventory ledger. The proce-dures to be utilized to compute the unre-deemed liability and to inventory chips andtokens in circulation and reserve shall be sub-mitted to the commission for approval. Aphysical inventory of chips in reserve shall berequired annually if the inventory proceduresincorporate the sealing of the locked com-partment.

(3) During nongaming hours, all chips andtokens in the possession of the riverboat shallbe stored in the chip bank, in the vault, or ina locked compartment in a cashier’s cage,except that chips may be locked in a transpar-ent compartment on gaming tables providedthat there is adequate security as approved bythe commission.

AUTHORITY: sections 313.004, 313.805,313.807, 313.817 RSMo 2000.* Emergencyrule filed Sept. 1, 1993, effective Sept. 20,1993, expired Jan. 17, 1994. Emergency rulefiled Jan. 5, 1994, effective Jan. 18, 1994,expired Jan. 30, 1994. Original rule filedSept. 1, 1993, effective Jan. 31, 1994.

Amended: Filed June 2, 1995, effective Dec.30, 1995. Amended: Filed May 13, 1998,effective Oct. 30, 1998. Amended: Filed April28, 2004, effective Dec. 30, 2004.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994, 2000;313.807, RSMo 1991, amended 1993, 2000; and 313.817,RSMo 1991, amended 1993, 2000.

11 CSR 45-5.160 Destruction of Chips andTokens

PURPOSE: This rule establishes the processfor dealing with destruction of chips andtokens.

(1) Prior to the destruction of chips or tokens,the holder of a Class A license shall notifythe commission, in writing, of the date andthe location at which the destruction will beperformed, the denomination, number andamount of value chips or tokens to bedestroyed, the description and number ofnonvalue chips to be destroyed and a detailedexplanation of the method of destruction.Unless otherwise authorized by the director,the destruction of chips or tokens shall becarried out in the presence of at least two (2)individuals, one (1) of whom shall be anagent of the commission. The denomination,number and amount of value chips or tokensor, in the case of nonvalue chips, the descrip-tion and number so destroyed shall be record-ed in the chip and token inventory ledgertogether with the signatures of the individualscarrying out the destruction and the date onwhich destruction took place.

AUTHORITY: sections 313.004, 313.805 and313.817, RSMo 1994 and 313.807, RSMoSupp. 1997.* Emergency rule filed Sept. 1,1993, effective Sept. 20, 1993, expired Jan.17, 1994. Emergency rule filed Jan. 5, 1994,effective Jan. 18, 1994, expired Jan. 30,1994. Original rule filed Sept. 1, 1993, effec-tive Jan. 31, 1994. Amended: Filed May 13,1998, effective Oct. 30, 1998.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994; 313.807,RSMo 1991, amended 1993; and 318.817, RSMo 1991,amended 1993.

11 CSR 45-5.170 Destruction of Counter-feit Chips and Tokens

PURPOSE: This rule establishes the processfor the destruction of counterfeit chips andtokens.

(1) As used in this rule, counterfeit chips or

tokens means any chip- or token-like objectsthat have not been approved pursuant to thischapter, including objects commonly referredto as slugs, but not including coins of theUnited States or any other nation.

(2) Unless a peace officer instructs or a courtof competent jurisdiction orders otherwise ina particular case, licensees shall destroy orotherwise dispose of counterfeit chips andtokens discovered at their establishments in amanner as their internal controls specify.

(3) Each licensee shall record, in addition toother information that the commission mayrequire the number and denominations, actu-al and purported, of the coins and counterfeitchips and tokens destroyed or otherwise dis-posed of pursuant to this rule.

(4) A holder of a Class B license shall main-tain each record required by this rule for atleast five (5) years, unless the commissionapproves or requires otherwise.

AUTHORITY: sections 313.004, 313.805,313.807, and 313.817, RSMo 2016.* Emer-gency rule filed Sept. 1, 1993, effective Sept.20, 1993, expired Jan. 17, 1994. Emergencyrule filed Jan. 5, 1994, effective Jan. 18,1994, expired Jan. 30, 1994. Original rulefiled Sept. 1, 1993, effective Jan. 31, 1994.Amended: Filed May 13, 1998, effective Oct.30, 1998. Amended: Filed March 1, 2018,effective Oct. 30, 2018.

*Original authority: 313.004, RSMo 1993, amended 1994,2014; 313.805, RSMo 1991, amended 1993, 1994, 2000,2008, 2010; 313.807, RSMo 1991, amended 1993, 2000,2012; and 313.817, RSMo 1991, amended 1993, 2000,2008, 2014, 2016.

11 CSR 45-5.180 Tournament Chips andTournaments

PURPOSE: This rule establishes the processfor offering tournaments for play and the useof promotional and tournament chips andtokens.

(1) As used in this rule, tournament chipmeans a chip- or token-like object issued bya licensee for use in tournaments at thelicensee’s gaming establishment.

(2) Tournament chips shall be designed, man-ufactured, approved and used in accordancewith the provisions of rules in this chapterapplicable to chips and tokens, except as fol-lows:

(A) Tournament chips shall be of a shapeand size and have such other specifications so

as to be distinguishable from other chips andtokens used in the riverboat operation;

(B) Each side of each tournament chipshall conspicuously bear the inscription—“No Cash Value”;

(C) Tournament chips shall not be used,and licensees shall not permit their use intransactions other than the tournaments forwhich they are issued; and

(D) The provisions of 11 CSR 45-5.170shall not apply to tournament chips.

(3) As used in this rule, entry fees shall bedefined as the total amount paid by patronsfor participation in a tournament and anyamounts awarded by the Class B licensee topatrons from previous tournament play forparticipation in that tournament. A tourna-ment is a contest offered and sponsored by aClass B licensee in which patrons may beassessed an entry fee or be required to meetsome other criteria to compete against oneanother in a gambling game or series of gam-bling games in which winning patrons receivea portion or all of the entry fees, if any,which may be increased with cash or non-cash prizes from the Class B licensee. ClassB licensees may conduct tournaments provid-ed:

(A) The licensee shall notify the gamingagent in charge at that property and the com-mission tax section of the planned tourna-ment at least ten (10) calendar days before thefirst day of the event;

(B) A copy of the tournament rules shall besubmitted to the gaming agent in charge atthat property and the commission tax sectionat least ten (10) calendar days before the firstday of the event;

(C) The licensee shall conduct the tourna-ment in compliance with all applicable rules,regulations, and laws;

(D) The licensee shall maintain written,dated rules governing the event, and the rulesshall be immediately available to the publicand the commission upon request. Tourna-ment rules shall at a minimum include:

1. The date, time, and type of tourna-ment to be held;

2. The amount of the entry fee, if any;3. The minimum and maximum number

of participants;4. A description of the tournament struc-

ture, i.e., number of rounds, time period,players per table, and criteria for determiningwinner(s);

5. The prize structure, including amountsand/or percentages for prize levels; and

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Chapter 5—Conduct of Gaming 11 CSR 45-5

6. Procedures for the timely notificationof entrants and the gaming agent in charge atthe property and the refunding of entry feesin the event of cancellation;

(E) No false or misleading statements,written or oral, shall be made by a licensee orits employees or agents regarding any aspectof the tournament, and all prizes offered inthe tournament shall be awarded according tothe Class B licensee’s rules governing theevent. Tournaments shall not be structured orconducted in a manner that reflects negative-ly on the licensee, the commission, or theintegrity of gaming in Missouri;

(F) The Class B licensee’s accountingdepartment shall keep a complete record ofthe rules of the event and all amendmentsthereto, including criteria for entry and win-ning, names of all entrants, all prizes awardedand prize winners, source documentation evi-dencing the payout amounts which shall besigned by the prize winners, for a minimumof two (2) years from the last date of the tour-nament and shall be made readily available tothe commission upon request;

(G) Entry fees shall be subject to theadjusted gross receipts tax pursuant to section313.822, RSMo. At least eighty percent(80%) of all entry fees must be returned totournament participants as winnings;

(H) The total entry fees shall be reportedas adjusted gross receipts for a tournamentand no portion shall be held in abeyance to beapplied to a future tournament or anothertournament in the same series of tourna-ments; and

(I) Cash and non-cash winnings paid in atournament shall be deductible from adjustedgross revenue, but any such deduction shallnot exceed the total entry fees received forthe tournament and non-cash winnings shallbe deductible only to the dollar value thereofactually invoiced to and paid by the licensee.

(4) Free tournaments are considered tourna-ments and promotional activities as definedin 11 CSR 45-5.181 and shall comply withboth 11 CSR 45-5.180 and 11 CSR 45-5.181.

AUTHORITY: section 313.004, RSMo 2000,and sections 313.805, 313.807, and 313.817,RSMo Supp. 2014.* Emergency rule filedSept. 1, 1993, effective Sept. 20, 1993,expired Jan. 17, 1994. Emergency rule filedJan. 5, 1994, effective Jan. 18, 1994, expiredJan. 30, 1994. Original rule filed Sept. 1,1993, effective Jan. 31, 1994. Amended:Filed Nov. 10, 1997, effective June 30, 1998.Amended: Filed May 6, 1999, effective Dec.

30, 1999. Amended: Filed July 9, 2004,effective Jan. 30, 2005. Amended: Filed June30, 2005, effective Jan. 30, 2006. Amended:Filed Aug. 30, 2006, effective March 30,2007. Amended: Filed July 31, 2014, effectiveFeb. 28, 2015.

*Original authority: 313.004, RSMo 1993 amended 1994;313.805, RSMo 1991, amended 1993, 1994, 2000;313.807, RSMo 1991, amended 1993, 2000; and 313.817,RSMo 1991, amended 1993, 2000.

11 CSR 45-5.181 Promotional Activities

PURPOSE: This rule defines and clarifies therequirements for approval of giveaways andpromotions.

(1) For the purposes of this rule, the follow-ing words are defined as:

(A) Promotional giveaway—a promotionalgift or item given by a licensee to any personmeeting the licensee’s promotional criteria,where the person provides no considerationand there is no chance or skill involved in theawarding of the promotional gift or item, andall persons meeting the criteria receive thesame promotional gift or item;

(B) Patron—any person present on thepremises of a Class B licensee that is notemployed by such Class B licensee or thecommission and is not on the premises as avendor of the Class B licensee;

(C) Promotional coupon—any instrumentoffering any person something of value andissued by a Class B licensee to entice the per-son to come to the Class B licensee’s premisesor for use in or related to licensed gamblinggames at a licensee’s gaming establishment;

(D) Promotional game—a drawing, event,contest or game in which patrons of a ClassB licensee may, without giving consideration,participate or compete for the chance to wina prize or prizes of different values; and

(E) Player reward program—a promotionalactivity that provides redeemable playerreward points to patrons as a result of wager-ing regardless of game outcome and based onpredetermined formulas.

(2) Class B licensees may provide promotion-al activities such as promotional giveaways,promotional coupons, promotional games,player reward programs, or similar activitiesfor patrons without the prior approval of thecommission, provided the promotional activ-ity is not structured or conducted in a mannerthat reflects negatively on the licensee, thecommission, or the integrity of gaming in

Missouri and complies with the following:(A) No false or misleading statements,

written or oral, shall be made by a licensee orits employees or agents regarding any aspectof any promotional activity;

(B) The promotional activity shall complywith all applicable laws and regulations andshall not constitute illegal gambling under fed-eral or state law;

(C) The Class B licensee shall createdated, written rules governing the promotion-al activity, which rules shall be immediatelyavailable to the public and the commissionupon request. The licensee shall maintain therules of the event and all amendments there-to, including criteria for entry and winning,prizes awarded, and prize winners, for a min-imum of two (2) years from the last day of theevent;

(D) All prizes offered in the promotionalactivity shall be awarded according to theClass B licensee’s rules governing the event;

(E) The licensee’s employees shall not bepermitted to participate as a player in anygambling game as defined in section313.800, RSMo, including games for whichthere is no cost to participate;

(F) The Class B licensee shall designate inits internal control system an employee posi-tion acceptable to the commission that shallbe responsible for ensuring adherence to therules set forth in this section; and

(G) These standards do not apply to pro-motional activities exclusively related tofood, concerts, hotels, and other non-gamingestablishments.

(3) Documentation of any change or cancel -lation of a promotional activity shall be main-tained on file for two (2) years.

(4) Payouts from promotional activities arenot winnings paid to wagerers under section313.800.1(1), RSMo, and as such shall notbe deductible when calculating adjusted grossreceipts.

(5) Promotional coupons shall contain the fol-lowing information preprinted on the coupon:

(A) The name of the gaming facility;(B) The city or other locality and state

where the gaming facility is located;(C) Specific value of any monetary coupon

stated in U.S. dollars;

12 CODE OF STATE REGULATIONS (11/30/18) JOHN R. ASHCROFT

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

(D) Sequential identification numbers,player tracking numbers with unique numbersadded to them, or other similar means ofunique identification of each coupon for com-plete, accurate tracking and accounting pur-poses;

(E) A specific expiration date or condition;and

(F) All conditions required to redeem thecoupon.

(6) Class B licensees may use mass media toprovide promotional coupon offers toprospective patrons; however, such offersmay only be redeemed for a preprintedcoupon that contains all of the informationrequired for a promotional coupon in section(5) of this rule.

(7) Class B licensees offering promotionalcoupons shall track the issuance and redemp-tion of each promotional coupon. Documenta-tion of the promotional coupon tracking shallbe maintained on file for two (2) years andmade readily available to the commission uponrequest. The inventory of un-issued promo-tional coupons must be maintained in a rea-sonable manner that prevents theft or fraud.

(8) Promotional coupons shall be cancelled atthe time they are redeemed in a manner thatwill prevent multiple redemptions of the samecoupon.

AUTHORITY: sections 313.004 and 313.805,RSMo 2016.* Original rule filed July 9,2004, effective Jan. 30, 2005. Amended:Filed June 30, 2005, effective Jan. 30, 2006.Amended: Filed March 29, 2012, effectiveNov. 30, 2012. Amended: Filed April 26,2018, effective Dec. 30, 2018.

*Original authority: 313.004, RSMo 1993, amended 1994,2014 and 313.805, RSMo 1991, amended 1993, 1994,2000, 2008, 2010.

11 CSR 45-5.183 Table Game and PokerCards—Specifications

PURPOSE: This rule establishes minimumstandards for cards used for gambling games.

(1) Unless otherwise approved by the com-mission, all cards used for gambling gamesmust meet the following specifications:

(A) Cards used to play table games andpoker shall be in standard decks of fifty-two(52) cards each with each card identical insize and shape to every other card in suchdeck or as otherwise approved by the com-mission;

(B) Each standard deck shall be composedof four (4) suits: diamonds, spades, clubs,and hearts;

(C) Each suit shall be composed of thirteen

(13) cards: ace, king, queen, jack, 10, 9, 8,7, 6, 5, 4, 3, 2. The face of the ace, king,queen, jack, and 10 value cards may containan additional marking, as approved by thecommission, which will permit a dealer,prior to exposing his/her hole card at thegame of blackjack, to determine the value ofthat hole card;

(D) The backs of each card in the deckshall be identical and no card shall containany marking, symbol, or design that willenable a person to know the identity of anyelement printed on the face of the card or thatwill in any way differentiate the back of thatcard from any other card in the deck;

(E) The backs of all cards in the deck shallbe designed so as to diminish as far as possi-ble the ability of any person to place con-cealed markings thereon;

(F) The design to be placed on the backs ofcards used by licensees shall contain thename or trade name of the Class B licenseewhere the cards are to be used and shall besubmitted to the commission for approvalprior to use of such cards in gaming activity;

(G) Each deck of cards for use in tablegames as defined in this section shall beboxed separately or boxed in sets of two (2)or more manufacturer pre-shuffled decks andwrapped with cellophane or shrink wrap orother similar material as approved by thecommission and such packaging shall have atamper resistant destructive security seal anda tear band. Each deck of poker cards shallbe boxed in sets of two (2) decks and wrappedwith cellophane or shrink wrap or other sim-ilar material as approved by the commissionand have a tamper resistant destructive secu-rity seal and a tear band;

(H) Nothing in this section shall prohibitdecks of cards with one (1) or more jokerscontained therein; provided, however, suchjokers shall be used by the Class B licenseeonly in the play of any games approved by thecommission for that manner of play; and

(I) In addition to satisfying the require-ments of this section, the cards used by aClass B licensee in any poker room gamemust—

1. Be visually distinguishable from thecards used by that Class B licensee to playany table games;

2. Be made of plastic; and3. Each set of poker cards shall have two

(2) decks with visually distinguishable cardbackings. These card backings may be distin-guished, without limitation, by differentlogos, different colors, or different designpatterns.

AUTHORITY: sections 313.004, 313.805,313.830, and 313.845, RSMo 2016.* Originalrule filed Dec. 17, 1996, effective Aug. 30,1997. Amended: Filed July 3, 2000, effectiveFeb. 28, 2001. Amended: Filed May 29,2002, effective Dec. 30, 2002. Amended:

Filed Feb. 28, 2007, effective Oct. 30, 2007.Amended: Filed July 31, 2014, effective Feb.28, 2015. Amended: Filed Oct. 27, 2016,effective June 30, 2017.

*Original authority: 313.004, RSMo 1993, amended 1994,2014; 313.805, RSMo 1991, amended 1993, 1994, 2000,2008, 2010; 313.830, RSMo 1991, amended 1993, 2000,2010, 2014; and 313.845, RSMo 1991, amended 1993,1994, 1995.

11 CSR 45-5.184 Table Game Cards—Receipt, Storage, Inspections, and Removalfrom Use

PURPOSE: This rule establishes proceduresfor the handling of table game cards withinthe gaming operation.

(1) When decks of table game cards arereceived for use in the facility from a licensedsupplier, the decks shall be placed for storagein a primary or secondary storage area by atleast (2) employees, one (1) of whom shall befrom the table games department and theother from the security department. The pri-mary card storage area shall be located in asecure place, the location and physical char-acteristics of which shall be approved by thecommission. Secondary storage areas, ifneeded, shall be used for the storage of sur-plus cards. Cards maintained in secondarystorage areas shall be transferred to the pri-mary card storage area before being distribut-ed to the pits or tables. All secondary storageareas shall be located in secure areas, thelocation and physical characteristics of whichshall be approved by the commission.

(2) All primary and secondary storage areasshall have two (2) separate locks. The securi-ty department shall be the authorized user ofone (1) key and the pit manager, poker roommanager, or supervisor thereof in the organi-zational hierarchy shall be the authorized userof the other key.

(3) Immediately prior to the commencementof each gaming day and at other times as maybe necessary, the pit manager, poker roommanager, or supervisor thereof, in the pres-ence of a security officer, shall remove theappropriate number of decks of table gamescards from the primary card storage area forthat gaming day.

(4) Once removed from the primary cardstorage area, the pit manager, poker roommanager, or supervisor thereof, in the pres-ence of a security officer, shall take the decksto the pit(s) and distribute the decks to thefloor supervisor(s) for distribution to thedealer at each table.

(5) The pit manager, poker room manager, orsupervisor thereof, shall place extra decks into

CODE OF STATE REGULATIONS 13JOHN R. ASHCROFT (11/30/18)Secretary of State

Chapter 5—Conduct of Gaming 11 CSR 45-5

a single locked compartment of a pit standlocated within the pit(s). The floor supervisoror above shall have access to the extra decks ofcards to be used for that gaming day.

(6) Cards will not be moved outside of theenclosed or encircled area without a securityescort and notification to surveillance exceptwhen being collected by security.

(7) Prior to being placed into play, all decksshall be inspected by the dealer, and theentire inspection observed by a floor supervi-sor or above. Card inspection at the gamingtable shall require each deck to either be sort-ed into sequence and into suit or processedthrough an automated shuffler or similardevice capable of reading the card faces toensure that all cards are in the deck. Fordecks that may be used more than once, theinspection shall also require the dealer tocheck the back of each card to ensure that itis not flawed, scratched, or marked in anyway. Card inspection for games may be con-ducted at an alternate table in the same pit. Inthis instance, the floor supervisor or aboveshall notify surveillance and surveillanceshall record on the surveillance shift log boththe table number where the card inspection isconducted and the table number at which thecards are to be placed into play.

(A) If, after checking the cards, the dealerfinds that a card is unsuitable for use, a floorsupervisor or above shall bring a replacementcard from the replacement deck or replacethe entire deck.

(B) The unsuitable card(s) shall be placedin a transparent sealed envelope or container,identified by the table number, date, and timeremoved from the table and shall be signed bythe dealer and floor supervisor assigned tothat table. The floor supervisor or above shallmaintain the envelope or container in asecure place within the pit until collected bya security officer.

(8) When cards are placed in play, the ClassB licensee shall record on each deck/multi-deck box the table number, the date, and thetime the cards were placed on the table foruse.

(9) All envelopes and containers used to holdor transport cards collected by security shallbe transparent.

(A) The envelopes or containers and themethod used to seal them shall be designed orconstructed so that any tampering shall beevident.

(B) The envelopes or containers and sealsshall be approved by the commission.

(10) Any cards which have been opened andplaced on a gaming table shall be changed atleast once every twenty-four (24) hours. Inaddition—

(A) Cards opened for use on games inwhich dealing procedures require the cards tobe dealt only once (e.g., baccarat) shall bechanged upon the completion of each shoe;and

(B) Cards opened for use on any table gamein which the cards are handled by the playersshall be changed at least every six (6) hours.

(11) Card(s) damaged during the course ofplay shall be replaced by the dealer who shallrequest a floor supervisor or above to bring areplacement card(s) or deck/multi-deck fromthe pit stand.

(A) The damaged card(s) shall be placed ina sealed envelope, identified by table number,date, and time removed from the table andshall be signed by the dealer and the floorsupervisor or above who brought the replace-ment card to the table.

(B) The floor supervisor or above shallmaintain the envelope or container in asecure place within the pit until collected bya security officer.

(12) At the end of the gaming day or, in thealternative, at least once each gaming day atthe same time each day, as designated by thelicensee and approved by the commission,and at other times as may be necessary, thefloor supervisor or above shall collect allused cards.

(A) These cards shall be counted downmanually by the dealer or by an automatedshuffler and placed in the original deck/multi-deck boxes. The time the decks were removedfrom the table shall be recorded on thedeck/multi-deck boxes. The boxes shall beplaced in a sealed envelope or container. Forgames in which dealing procedures requirecards to be dealt only once, the sealedenvelopes or containers shall be easily distin-guishable from those used for all other tablegames. The bags will be conspicuouslylabeled as containing single-use cards.

(B) A label shall be attached to each enve-lope or container which identifies the tablenumber, date, and time and shall be signed bythe dealer and floor supervisor assigned tothe table.

(C) The floor supervisor or above shallmaintain the envelopes or containers in asecure place within the pit until collected bya security officer.

(13) The licensee shall remove any cards fromuse any time there is indication of tampering,flaws, scratches, marks, or other defects thatmight affect the integrity or fairness of thegame, or at the request of the commission.

(14) At the end of each gaming day or, in thealternative, at least once each gaming day, asdesignated by the licensee in the internal con-trols and approved by the commission, and atother times as may be necessary, a pit manag-

er or above shall collect all extra decks ofcards. All extra decks with broken seals shallbe placed in a sealed envelope or container,with a label attached to each envelope or con-tainer which identifies the date and time andis signed by the floor supervisor and the pitmanager or above.

(15) At the end of the gaming day or, in thealternative, at least once each gaming day atthe same time each day, as designated by thelicensee in the internal controls and approvedby the commission, and at other times as maybe necessary, a security officer shall collect alldecks in the pit(s), including sealed decks,sealed envelopes or containers with damagedcards, decks used during the gaming day, anddecks with broken seals. The collection shallbe recorded on the Card and Dice CollectionLog. All sealed decks shall be returned direct-ly to the primary storage area or delivereddirectly to the card destruction room to beimmediately cancelled or destroyed. The secu-rity officer shall return the envelopes or con-tainers and the log to the card inspectionroom.

(16) When the envelopes or containers ofused cards and reserve cards with brokenseals are returned to the security department,they shall be inspected within forty-eight (48)hours by a member of the security depart-ment who has been trained in proper cardinspection procedures. The cards will beinspected for tampering, marks, alterations,missing or additional cards, or anything thatmight indicate unfair play.

(A) With the exception of cards which arechanged upon the completion of each shoeand dealt only once, all cards used in tablegames in which the cards are handled by theplayer shall be inspected. Cards that arechanged upon completion of each shoe andare dealt only once shall be recorded sepa-rately on the Card Inspection Log and are notrequired to be inspected.

(B) In other table games, if less than threehundred (300) decks are used in the gamingday, at least ten percent (10%) of those deckswill be selected at random to be inspected. Ifthree hundred (300) or more decks are usedthat gaming day, at least five percent (5%) ofthose decks but no fewer than thirty (30) deckswill be selected at random to be inspected.

(C) The licensee shall also inspect—1. Any cards which the commission

requests the licensee to remove for the pur-pose of inspection; and

2. Any cards the licensee removed forindication of tampering.

(D) The procedures for inspecting all decksrequired to be inspected under this subsectionshall, at a minimum, include:

1. The sorting of cards sequentially bysuit or using an automated deck checkingdevice to establish all cards are present;

14 CODE OF STATE REGULATIONS (11/30/18) JOHN R. ASHCROFT

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

2. The inspection of the backs of thecards with an ultraviolet light; and

3. The inspection of the sides of thecards for crimps, bends, cuts, and shaving.

(E) The individuals performing said inspec-tion shall complete the Card Inspection Logwhich shall detail the procedures performedand list the tables from which the cards wereremoved and the results of the inspection. Theindividual shall sign the form upon completionof the inspection procedures.

(F) Evidence of tampering, marks, alter-ations, missing, or additional cards, or any-thing that might indicate unfair play discov-ered at this time, or at any other time, shall bereported to the commission by the completionand delivery of a Card Discrepancy Report.All Card/Dice Discrepancy Reports generatedfor the cards for each gaming day shall bedelivered prior to or immediately followingthe inspection process for that gaming day.

1. The report shall accompany thecard(s) when delivered to the commission.

2. Security shall maintain the secondpart of the discrepancy report.

(17) The Class B licensee shall—(A) Maintain a card inventory ledger for

each primary and secondary storage location,which shall document the following:

1. Balance of decks on hand;2. Decks removed from storage;3. Decks returned to storage or received

from the manufacturer;4. Date of the transaction; and5. Signatures of the security officer and

the pit manager or poker room manager con-ducting the transaction;

(B) Verify on a daily basis the number ofdecks stored, distributed, destroyed, or can-celled, and returned to the storage area; and

(C) Perform an independent inventory ofthe cards at least once each calendar quarter.

1. This inventory shall be performed byan employee from the compliance or account-ing department and shall be verified to thebalance of decks on hand as recorded on theinventory ledger.

2. The employee conducting this inven-tory shall make an entry and sign theCards/Dice Inventory Ledger in a mannerthat clearly distinguishes this count as theindependent inventory.

3. Any discrepancies shall immediatelybe reported to the commission agent on duty.

(18) Where cards in an envelope or containerare inspected and found to be without anyindication of tampering marks, alterations,missing, or additional cards, or anything thatmight indicate unfair play, those cards shall bedestroyed or cancelled. Once released by thecommission, the cards submitted as evidenceshall be destroyed or cancelled. Cards shall bedestroyed or cancelled prior to removal frominventory. The destruction/cancellation shall

be recorded on the Card and Dice Cancella-tion/Destruction Log.

(A) Destruction shall occur by shredding orother method approved by the commission.

(B) Cancellation shall occur by drilling acircular hole of at least one-fourth of one inch(1/4") in diameter through the center of eachcard in the deck, or by removing at least one-fourth of an inch (1/4") from at least one (1)corner of each card, or other method approvedby the commission.

(C) The destruction and cancellation ofcards shall take place in a secure place, thelocation and physical characteristics of whichshall be approved by the commission, andshall be performed by a member of the secu-rity department specifically trained in properprocedures.

(19) The Class B licensee shall not allowplayers to handle cards except as permitted bythe Class B licensee’s internal control systemRules of the Game.

AUTHORITY: sections 313.004, 313.805, and313.830, RSMo 2016.* Original rule filedDec. 17, 1996, effective Aug. 30, 1997.Amended: Filed Feb. 28, 2007, effective Oct.30, 2007. Amended: Filed Aug. 30, 2012,effective March 30, 2013. Amended: FiledJuly 31, 2014, effective Feb. 28, 2015.Amended: Filed Oct. 27, 2016, effective June30, 2017. Amended: Filed April 26, 2018,effective Dec. 30, 2018.

*Original authority: 313.004, RSMo 1993, amended 1994,2014; 313.805, RSMo 1991, amended 1993, 1994, 2000,2008, 2010; and 313.830, RSMo 1991, amended 1993,2000, 2010, 2014.

11 CSR 45-5.185 Poker Cards—Receipt,Storage, Inspections, and Removal fromUse

PURPOSE: This rule establishes proceduresfor the handling of poker cards within thegaming operation.

(1) Only plastic cards that have been approvedby the commission shall be used for poker.

(2) When decks of poker cards are receivedfor use in the facility from a licensed suppli-er, the decks shall be placed for storage in aprimary or secondary storage area by at leasttwo (2) employees, one (1) of whom shall befrom the table games department and theother from the security department. The pri-mary storage area shall be located in a secureplace, the location and physical characteris-tics of which shall be approved by the com-mission. Secondary storage areas, if needed,shall be used for the storage of surplus pokercards. Cards maintained in secondary storageareas shall be transferred to the primary card

storage area before being distributed to thepoker room or tables. All secondary storageareas shall be located in secure areas, thelocation and physical characteristics of whichshall be approved by the commission.

(3) All primary and secondary card storageareas shall have two (2) separate locks. Thesecurity department shall maintain one (1)key and the table games department shallmaintain the other key; provided, however,that no person employed by the table gamesdepartment below the pit manager or pokerroom manager in the organizational hierarchyshall have access to the table games depart-ment key for the primary and secondary cardstorage areas.

(4) Evidence of tampering, marks, alter-ations, missing or additional cards or any-thing that might indicate unfair play discov-ered at any time shall be reported to thecommission by the completion and deliveryof a Card Discrepancy Report.

(A) The report shall accompany the card(s)when delivered to the commission.

(B) The card(s) shall be retained for fur-ther inspection by the commission.

(C) The commission agent receiving thereport shall sign the Card Discrepancy Reportand retain the original at the commissionoffice.

AUTHORITY: section 313.805, RSMo Supp.2014.* Original rule filed Feb. 28, 2007,effective Oct. 30, 2007. Amended: Filed Jan.26, 2012, effective Aug. 30, 2012. Amended:Filed July 31, 2014, effective Feb. 28, 2015.

*Original authority: 313.805, RSMo 1991, amended 1993,1994, 2000, 2008, 2010.

11 CSR 45-5.190 Minimum Standards forElectronic Gaming Devices

PURPOSE: This rule establishes the mini-mum standards for electronic gaming devices.

(1) Electronic gaming devices shall not beprogrammed to pay out less than eighty per-cent (80%) of all wagers, including bonusgames, for ten (10) million handle pulls usingthe volatility index calculated at a ninety-fivepercent (95%) confidence level. The minimumpayout percentage requirement shall be metregardless of the amount wagered per game.

(2) Electronic gaming devices that may beaffected by player skill must meet the mini-mum payout percentage requirement evenwhen the skill of the player provides the low-est possible return to the player from the skillportion of the game.

CODE OF STATE REGULATIONS 15JOHN R. ASHCROFT (11/30/18)Secretary of State

Chapter 5—Conduct of Gaming 11 CSR 45-5

(3) The probability of obtaining the maxi-mum payout on any electronic gaming deviceshall not be less than one (1) in fifty (50) mil-lion.

(4) Electronic gaming devices shall—(A) Be subject to testing prior to imple-

mentation within the state and at any timethereafter by the commission or an indepen-dent testing laboratory designated by thecommission, and subject to review andapproval by the commission for adherence tothe regulatory and technical standards adopt-ed or approved by the commission;

(B) Be controlled by a microprocessor orthe equivalent in such a manner that the gameoutcome is completely controlled by themicroprocessor or equivalent device asapproved by the commission;

(C) Utilize a communication protocol that iscompatible with and interfaces with the com-munication protocol used by all online com-puterized data monitoring, data management,and ticket validation systems approved by thecommission for use at licensed gaming estab-lishments. Electronic gaming devices and anyperipheral equipment or devices, including theequipment’s or device’s operating systems andsoftware, shall, prior to approval for use with-in the state, be tested for interoperability by acommission-approved independent testing lab-oratory to ensure compliance with this subsec-tion. Once approved, no modifications shallbe made to said gaming devices, peripheralequipment, systems, or software that wouldcause them to be non-compliant with this sub-section;

(D) Have a logic area in a separate lockedinternal enclo sure within the device whichhouses electronic components that have thepotential to significantly influence the opera-tion of the gaming device. Electronic compo-nents required to be housed within the logicarea include computer processor units (CPUs)and all critical program storage media;

(E) After January 1, 2006, clearly andaccurately display, via Attendant Menu, theidentification number and version, as applica-ble, of all software and firmware containedwithin the electronic gaming device and itstop box which are involved in game commu-nication or the operation and calculation ofgame play, game display, or game resultdetermination;

(F) Be able to recover to the state the gam-ing devices were in immediately prior to theoccurrence of a program interruption orpower loss and continue a game with no dataloss. Upon program resumption, the follow-ing procedures must be performed:

1. Any communications to an externaldevice shall not begin until the programresumption routine, including self-tests, iscompleted successfully;

2. Gaming device control programs testthemselves for possible corruption due tofailure of the program storage media; and

3. The integrity of all critical memory ischecked;

(G) Have game data recall capable of pro-viding all information required to fully recon-struct at least the last five (5) games, retriev-able upon the operation of an externalkey-switch or other secure method not avail-able to the player. The five (5)-game recallshall reflect bonus rounds in their entirety.For games that may have infinite free games,there shall be a minimum of fifty (50) gamesrecallable;

(H) Have a random selection process thatmust not produce detectable patterns of gameelements or detectable dependency upon anyprevious game outcome, the amount wagered,or upon the style or method of play;

(I) Clearly and accurately display applicablerules of play and the award that will be paid tothe player when the player obtains a specificwin, including mystery awards. The displaysshall clearly indicate whether awards are des-ignated in denominational units, currency,credits or some other unit. All pay-table infor-mation must be able to be accessed by a playerprior to the player committing to a wager. Payglass and its corresponding artwork formechanical displays must be submitted to anindependent testing laboratory designated bythe commission for review and approval priorto implementation within the state;

(J) Display an accurate representation ofeach game outcome. After selection of thegame outcome, the electronic gaming devicemust not make a variable secondary decisionwhich affects the result shown to the player;

(K) Have a complete set of nonvolatilemeters including amount-in, amount-out,amount dropped, total amount wagered, totalamount won, number of games played andjackpots paid, or their equivalent as approvedby the commission;

(L) Have available for random selection atthe initiation of each play, each possible per-mutation or combination of game elementswhich produce winning or losing game out-comes; and

(M) Not automatically alter pay-tables orany function of the electronic gaming devicebased on internal computation of the holdpercentage.

(5) When an electronic gaming device isunable to automatically provide payment ofjackpots requiring the payment to be made bythe riverboat, jackpot payout tickets must beprepared either by the computerized slotmonitoring system or manually by casino per-sonnel containing the following information:

(A) The location of the electronic gamingdevice;

(B) The date;(C) The time of day;(D) The electronic gaming device number;(E) The denomination of the game played;(F) The amount of the jackpot payout in

written and numeric form;(G) Total before taxes and taxes withheld,

if applicable;(H) Amount to patron;(I) Total amount played and game outcome

of award, if applicable;(J) The signature of a holder of a Class B

license or the licensee employee making thepayment, as approved by the commission; and

(K) A signature of at least one (1) otherriverboat gaming operation employee attest-ing to the accuracy of the form.

(6) In addition to the requirements of thisrule, all licensees shall comply with ChapterE of the Minimum Internal Control Standardsas authorized by 11 CSR 45-9.105.

AUTHORITY: section 313.004, RSMo 2000,and sections 313.800 and 313.805, RSMoSupp. 2013.* Emergency rule filed Sept. 1,1993, effective Sept. 20, 1993, expired Jan.17, 1994. Emergency rule filed Jan. 5, 1994,effective Jan. 18, 1994, expired Jan. 30,1994. Original rule filed Sept. 1, 1993, effec-tive Jan. 31, 1994. Amended: Filed June 25,1996, effective Feb. 28, 1997. Amended:Filed May 13, 1998, effective Oct. 30, 1998.Amended: Filed March 31, 2005, effectiveOct. 30, 2005. Amended: Filed Aug. 30,2006, effective March 30, 2007. Amended:Filed Jan. 30, 2014, effective Sept. 30, 2014.

*Original authority: 313.004, RSMo 1993, amended 1994;313.800, RSMo 1991, amended 1993, 1994, 2005; and313.805, RSMo 1991, amended 1993, 1994, 2000, 2008,2010.

11 CSR 45-5.192 Electronic GamingDevice Authentication

PURPOSE: This rule establishes the mini-mum standards for authenticating criticalprogram storage media (CPSM). The objec-tive of the technical standard is to requireelectronic gaming devices (EGD) manufac-turers to support a port and protocol, referredto as game authentication terminal (GAT), forEGD verification. GAT would permit a com-mission agent to authenticate items defined asCPSM external to the EGD’s locked logicarea. In short, the central processing unit(CPU) board and CPSM will not be requiredto be removed in order to verify content.

(1) Electronic gaming device (EGD) plat-forms submitted for approval after November30, 2011, shall provide the following supportfor authenticating critical program storage

16 CODE OF STATE REGULATIONS (11/30/18) JOHN R. ASHCROFT

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

media (CPSM): (A) Employ a verification mechanism,

approved by the commission, which authenti-cates all CPSM. The authentication mecha-nism shall—

1. Be accessible via a communicationport and protocol approved by the commis-sion;

2. Possess an approved communicationport located within the locked EGD cabinetand be accessible without requiring access tothe locked logic compartment;

3. Provide on-demand authentication ofeach EGD CPSM. This function shall notrequire the EGD power to be cycled and theexecution time shall not exceed twenty (20)minutes;

4. Generate a unique signature for eachCPSM utilizing Secure Hashing Algorithm-1(SHA-1) with Hash-Based Message Authenti-cation Code (HMAC), as defined by theNational Institute of Standards and Technolo-gy (NIST). Hashing methodologies will becontinually reevaluated by the commission;and

5. Provide support for escrowing verifi-cation results. Verification results shall bepreserved and retrievable pending a subse-quent verification request or a loss of power;and

(B) Provide means for the use of third-party authentication tools approved by thecommission.

(2) All EGD platforms submitted for approvalprior to November 30, 2011, possessing acommunication port, paragraph (1)(A)2.notwithstanding, shall comply with subsec-tion (1)(A) of this rule by July 1, 2012, byupgrading the CPSM to meet complianceunless otherwise approved in writing by thecommission. Legacy EGD platforms whichdo not offer a communication port areexcluded from this requirement.

(3) All EGDs shall be designed to permit acopy of random access memory (RAM) to beextracted utilizing tools and proceduresapproved by the commission and which shallbe provided by the EGD supplier.

AUTHORITY: section 313.805, RSMo Supp.2010.* Original rule filed March 30, 2011,effective Nov. 30, 2011.

*Original authority: 313.805, RSMo 1991, amended 1993,1994, 2000, 2008, 2010.

11 CSR 45-5.193 Statistical Performanceof Electronic Gaming Devices

PURPOSE: This rule establishes the stan-dards for electronic gaming device statisticalperformance.

(1) Gaming equipment suppliers shall—(A) Provide the volatility index (VI) on all

Probability Accounting Report (PAR) sheets.The volatility index shall be calculated atninety-five percent (95%) confidence leveland at one (1)-line played, or the electronicgaming device (EGD) minimum bet whereapplicable. For EGDs with non-linear paytables, the bet with the lowest payout shall beused. The calculations shall be accomplishedby utilizing the below formulas:

VI = κσ

Where κ equals the z score for the requiredconfidence level and σ is the standard devia-tion for the game.

The standard deviation is calculated as fol-lows:

Net Payi = (the amount of each individualpay divided by the number of coins wagered) E.V. = the payback percentage for the gameProbabilityi = probability of each Net Payi

(B) Calculate PAR sheets utilizing theoreti-cal analysis where feasible. When the ReturnTo Player (RTP) percentage cannot be feasiblycomputed using theoretical analysis the RTPpercentage shall be computed such that thehalf-width of the ninety-five percent (95%)confidence interval is not more than .01%.Within these PAR sheets, provide standardconfidence intervals at a confidence level ofninety-five percent (95%) with each intervalshowing 10,000, 100,000, 1,000,000,10,000,000, and 100,000,000 games played;

(C) Obtain written authorization from thecommission prior to submitting any EGDsthat support features which introduce inde-pendent VIs, separate from the base gameVI, to an independent testing laboratory;

(D) All EGD software submitted forapproval after January 1, 2014, shall ensureeach EGD payout that is calculated into thePAR sheet’s RTP for the game increments theappropriate coin-out, attendant-paid jackpot,attendant-paid progressive payout, ormachine-paid progressive payout meter toallow for the analysis of game performance.Any features not calculated into the PARsheet’s RTP of the game shall not incrementthese meters; and

(E) Ensure all base game, bonus and pro-gressive winnings from a wager are aggregat-ed to determine whether the EGD payout is a

reportable and/or taxable event requiring theEGD to lock up allowing for the preparationof a W-2G and state withholdings as requiredby section 313.826, RSMo.

(2) Independent testing laboratories shall—(A) Independently verify the manufactur-

ers’ VI and RTP percentage, then detail thefindings in the certification letter; and

(B) Provide standard confidence intervalsat a confidence level of ninety-nine percent(99%) in the certification letters using thisformula—

with the number of games played for eachinterval being 10,000, 100,000, 1,000,000,10,000,000, and 100,000,000.

AUTHORITY: section 313.004, RSMo 2000,and sections 313.800 and 313.805, RSMoSupp. 2012.* Original rule filed Sept. 27,2012, effective May 30, 2013.

*Original authority: 313.004, RSMo 1993, amended 1994;313.800, RSMo 1991, amended 1993, 1994, 2005; and313.805, RSMo 1991, amended 1993, 1994, 2000, 2008,2010.

11 CSR 45-5.194 Operator Content Deliv-ery Systems

PURPOSE: This rule establishes the minimumstandards for operator content deliverysystems (OCDSs). The OCDSs technologyauthorizes video mixing technology which isdisplayed on the Electronic Gaming Device(EGD) monitor(s). The OCDS is limited toactivities involving promotional and servicewindows.

(1) For the purposes of this rule, the follow-ing words are defined as:

(A) Content—All images, graphics, text,and messages displayed on the electronicgaming device (EGD) game monitor(s);

(B) Game monitor(s)—The videodisplay(s) used by an EGD;

(C) Gaming window—A window that con-tains the underlying content which is pro-duced, controlled, and transmitted by theEGD critical program storage media (CPSM),displayed on the EGD game monitor(s);

(D) System window—A window that con-tains the underlying content, which is pro-duced, controlled, and transmitted by asource independent of the EGD CPSM, dis-played on the EGD game monitor(s);

(E) Operator content delivery systems(OCDSs)—Hardware and software which is

CODE OF STATE REGULATIONS 17JOHN R. ASHCROFT (6/30/18)Secretary of State

Chapter 5—Conduct of Gaming 11 CSR 45-5

responsible for providing content to the systemwindow;

(F) Promotional giveaway credits—Creditsbased on predefined criteria outlined by therules of the promotion, where the patron pro-vides no consideration and there is no chanceor skill involved in the attainment of the cred-its; and

(G) Player reward credits—Credits that areearned by patrons and which increment withplay based on predetermined formulas (e.g.,player reward points).

(2) The manufacturer and supplier of anyOCDSs which include functionality to intro-duce communication messages between anEGD or its host online computer monitoringsystem, as defined by 11 CSR 45-1.090 and11 CSR 45-5.220 respectively, shall obtain asupplier’s license as outlined in 11 CSR 45-4.

(3) OCDSs shall be subject to testing by thecommission or a commission licensed inde-pendent testing laboratory. The OCDS shallbe reviewed and approved by the commissionprior to the implementation of the system bya Class B licensee and following implementa-tion, prior to any changes thereto, or at anyother time the commission deems appropri-ate. The cost for review and approval shall beborne by the submitting licensee.

(4) A system window being displayed duringgame play shall not, unless otherwiseapproved in writing—

(A) Overwrite, overlap, or otherwiseobscure content in the gaming window; and

(B) Exceed thirty percent (30%) of thegame monitor.

(5) A system window being displayed whilean EGD has credits shall not obstruct theview of the credit meter.

(6) The OCDS shall—(A) Accurately remap and/or reproduce the

content and equipment functionality associat-ed with the original gaming window;

(B) Be designed in a manner which logical-ly separates critical files from noncriticalfiles;

(C) Be designed to permit an on-demand,independent integrity check of all files whichare deemed critical to the proper operation ofthe OCDS by a commission licensed indepen-dent testing laboratory. The integrity check(i.e., authentication process) shall be accom-plished by utilizing a commission-approved,external third-party verification tool; and

(D) Perform an integrity check of all criti-cal memory, including a self-test before anycommunication is established to an externaldevice.

(7) A system window may be displayed at anytime provided the window does not interferewith or impede the EGD from displayinginformation required by the Missouri Code ofState Regulations (CSR) and Minimum Inter-nal Control Standards (MICS).

(8) Any OCDS which interfaces with anEGD must do so in such a manner that doesnot adversely impact the requirements setforth by 11 CSR 45-5.270, the play of thegame, operation of peripheral hardware orsoftware on the EGD, or any computer mon-itoring system meters.

(9) EGDs connected to an OCDS shallinclude a mechanism, approved by the com-mission, which permits the patron to closethe system window, on demand, and return tothe original gaming window.

(10) OCDSs shall be prohibited from deliver-ing content which is considered a gamblinggame as defined in Chapter 572, RSMo, orwhich is otherwise prohibited by commissionrules. The use of promotional giveaway cred-its and player reward credits as considerationin order to participate in any type of promo-tional activity with a chance of winningsomething of value would be considered agambling game and hence prohibited. TheClass B licensees shall be responsible for allcontent displayed in the system window.

AUTHORITY: section 313.004, RSMo 2000,and sections 313.800 and 313.805, RSMoSupp. 2010.* Original rule filed May 26,2011, effective Jan. 30, 2012.

*Original authority: 313.004, RSMo 1993, amended 1994;313.800, RSMo 1991, amended 1993, 1994, 2005; and313.805, RSMo 1991, amended 1993, 1994, 2000, 2008,2010.

11 CSR 45-5.200 Progressive SlotMachines

PURPOSE: This rule establishes the processfor having progressive slot machines.

(1) Definitions. As used in this rule—(A) Base amount means the amount of the

progressive jackpot initially offered before itincreases;

(B) Incremental amount means the differ-ence between the amount of a progressivejackpot and its base amount;

(C) Progressive jackpot means a slotmachine payoff that increases over time solelyas a function of the amount of wagers playedon a machine or group of machines;

(D) Wide-area progressive means a systemof slot machines with a progressive jackpotlinked across a communication networkapproved by the commission which connects

separate gaming establishments licensed orapproved by the commission; and

(E) “United States Government AgencySecurities” means negotiable, senior, non-callable, debt obligations issued by a UnitedStates agency that on the date of funding,possesses an issuer credit rating equivalent tothe highest investment grade rating given byStandard & Poor’s or Moody’s Investors Ser-vice.

(2) A meter that shows the accurate amountof the progressive jackpot must be conspicu-ously displayed at or near the machines towhich the jackpot applies. At a minimum, onthe same day each week while the casino isclosed, each licensee shall record the amountdisplayed on each progressive’s top awardjackpot meter at the licensee’s establishment,except for wide-area progressive systems andstand-alone progressives where the softwarefor the progressive is embedded within theEGD’s Critical Program Storage Media(CPSM). The top award jackpot amount shallbe reconciled to the system meters by multi-plying the progression rate by the amount-infor the period between which the meteramounts were recorded, less any jackpots thathave occurred plus any reset amounts. Inorder to perform this reconciliation, the topaward jackpot on these local progressivegames shall require the EGD to lock-uprequiring a hand-paid jackpot. The licenseeauthorized to provide a wide-area progressivesystem shall perform the required reconcilia-tion for each system provided by suchlicensee. At the conclusion of the reconcilia-tion, if a variance exists between the amountshown on each progressive jackpot meter andthe expected amount, the licensee shall docu-ment the variance amount. The licensee shallmake the necessary adjustment(s) to ensurethe correct amount is displayed by the end ofthe gaming day following the day on whichthe reconciliation occurred. Explanations formeter reading differences or adjustmentsthereto shall be maintained with the progres-sive meter reading sheets. In addition to theweekly reconciliation, each licensee shallrecord the top award jackpot progressivemeter display amount once each banking dayfor each non-exempt progressive EGD toensure jackpot resets occurred properly, todetermine whether the meters incrementedsince the last reading, and to identify anyobvious atypical results which could indicatethere is a problem with the progressive meter.If known variances are discovered during thedaily review, which require a change to themeter display of one dollar ($1) or more, themeter display shall be adjusted by the end ofthe gaming day. Each licensee shall recordthe base amount of each progressive jackpotthe licensee offers.

18 CODE OF STATE REGULATIONS (6/30/18) JOHN R. ASHCROFT

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

(3) A licensee may impose a limit on thejackpot of a progressive slot machine if thelimit imposed is greater than the possiblemaximum jackpot payout on the slot machineat the time the limit is imposed. The licenseemust inform the public with a prominentlyposted notice of progressive slot machinesthat have limits. Such notice shall clearlystate the amount of the limits and must beapproved by the commission.

(4) A licensee shall not reduce the amountdisplayed on a progressive jackpot meter orotherwise reduce or eliminate a progressivejackpot unless—

(A) A player wins the jackpot; or(B) The licensee adjusts the progressive

jackpot meter to correct a malfunction or toprevent the display of an amount greater thana limit imposed pursuant to section (3) of thisrule and the licensee documents the adjust-ment and the reasons for it; or

(C) The licensee’s gaming operations atthe establishment cease for any reason otherthan a temporary closure where the samelicensee resumes gaming operations at thesame establishment within a month; or

(D) The licensee distributes the incremen-tal amount to another progressive jackpot asapproved in writing by the commission and—

1. The licensee documents the distribu-tion;

2. Any machine offering the jackpot towhich the licensee distributes the incrementalamount does not require that more money beplayed on a single play to win the jackpotthan the machine from which the incrementalamount is distributed;

3. Any machine offering the jackpot towhich the incremental amount is distributedcomplies with the minimum theoretical pay-out requirement of 11 CSR 45-5.190(1); and

4. The distribution is completed withinthirty (30) days after the progressive jackpotis removed from play or within a longer peri-od as the commission for good cause mayapprove; or

(E) The commission for good causeapproves a reduction, elimination, distribu-tion, or procedure not otherwise described inthis section, which approval is confirmed inwriting.

(5) The operation of wide-area progressiveslot machines is allowed subject to compli-ance with all other requirements of this rule,in addition to the following conditions:

(A) The wide-area system must have theability to monitor entry into the main door ofeach networked slot machine as well as thelogic area of each networked slot machineand report it to the central system immediate-

ly;(B) A licensee utilizing a wide-area pro-

gressive system must suspend play on the sys-tem if a communication failure in the systemcannot be corrected within a period of timeapproved by the commission prior to thecommencement of play on the wide-area pro-gressive system. If a communication failureoccurs in a wide-area progressive system, thelicensee authorized to provide the systemmust take a reading during the time the sys-tem is down to make sure that the jackpotamount is the same at all excursion gamblingboats connected to the system before bringingthe system that failed back online;

(C) The licensee authorized to provide awide-area system must keep a hard or elec-tronic copy log of all events for a period of atleast sixty (60) days;

(D) Jackpot verification procedures mustinclude the following:

1. When a jackpot is won, the licenseeauthorized to provide the wide-area systemmay inspect the machine when accompaniedby a gaming agent. The inspection shallinclude examining the critical program stor-age media, the error events received by thecentral system, and any other data whichcould reasonably be used to ascertain thevalidity of the jackpot;

2. The central system shall producereports that will clearly demonstrate themethod of arriving at the payoff amount.This shall include the amount contributedbeginning at the polling cycle or data transferimmediately following the previous jackpotand will include all amounts contributed upto, and including, the polling cycle or datatransfer, which includes the jackpot signal.Amounts contributed to the system before thejackpot message is received will be deemedto have been contributed to the progressiveamount prior to the current jackpot. Amountscontributed to the system subsequent to thejackpot message being received will bedeemed to have been contributed to the pro-gressive amount of the next jackpot;

3. The jackpot may be paid in install-ments as long as each machine clearly dis-plays the fact that the jackpot will be paid ininstallments. In addition, the number ofinstallments and time between installmentsmust be clearly displayed on the face of themachine in a non-misleading manner that isapproved by the commission; and

4. Two (2) jackpots that occur in thesame polling cycle or data transfer will bedeemed to have occurred simultaneously andtherefore, each “winner” shall receive thefull amount shown on the meter unless anoth-er method of operation has been approved inadvance by the commission;

(E) Approval by the commission of anywide-area progressive system shall occur intwo (2) phases—

1. The “initial approval” stage, whereinthe underlying gaming devices and any asso-ciated device or system, including all hard-ware and software, shall be subject to testingby the commission or an independent testinglaboratory designated by the commission;and review and approval by the commission.Testing shall include examination for adher-ence to the regulatory and technical standardsadopted by the commission; and

2. The “on-site testing” phase, whereina field inspection is conducted at the centralcomputer site as well as multiple field sites toensure compliance with these rules. Opera-tion of the system will be authorized onlyafter the commission is satisfied that the sys-tem meets both the Phase I and Phase II test-ing requirements, as well as any otherrequirements that the commission mayimpose to assure the integrity, security andlegal operation of the wide-area progressivesystem;

(F) Any licensee authorized to provide awide-area progressive system, must supplyreports to the commission which support andverify the economic activity on the system;

(G) Any licensee authorized to provide awide-area progressive system, must supply, asrequested, reports and information to the com-mission indicating the amount of, and basisfor, the current jackpot amount (the amountcurrently in play). Such reports shall includean “aggregate report” and a “detail report.”The “aggregate report” shall show only thebalancing of the system with regard to system-wide totals. The “detail report” shall be insuch form as to indicate for each machine,summarized by location, the amount-in andamount-out totals as such terms are commonlyunderstood in the industry. In addition, uponthe invoicing of any licensee participating in awide-area progressive system, each suchlicensee must be given a printout of eachmachine at that licensee’s establishment linkedto the system, the amount contributed by eachmachine to the jackpot for the period forwhich an invoice is remitted, and any otherinformation required by the commission toconfirm the validity of the licensee’s contribu-tions to the jackpot amount;

(H) The licensee authorized to provide awide-area progressive system, must obtainapproval from the commission as to themethods of funding the progressive prizepool and calculating and receiving paymentsfrom participating licensees for the provisionof equipment and services associated withthe wide-area progressive system;

(I) In calculating Adjusted Gross Receipts,

CODE OF STATE REGULATIONS 19JOHN R. ASHCROFT (6/30/18)Secretary of State

Chapter 5—Conduct of Gaming 11 CSR 45-5

a licensee may deduct its pro rata share of thepresent value of any progressive jackpotsawarded during the month. The deductedamount shall be listed on the detailedaccounting records provided by the licenseeauthorized to provide the wide-area progres-sive system. A licensee’s contribution isbased on the amount-in from machines at thatlicensee’s gaming establishment which are onthe wide-area progressive system, comparedto the total amount-in on the whole system forthe time period(s) between jackpot(s) award-ed;

(J) The right to receive the jackpot pay-ments may not be encumbered, assigned, orotherwise transferred in any way by any win-ner, estate, or heir(s) of a deceased winner,except to the estate or heir(s) of such personupon his/her death and that any attempt tomake a prohibited transfer may result in suchperson forfeiting the right to receive futurepayments;

(K) In the event a licensee ceases opera-tions and a progressive jackpot is awardedsubsequent to the last day of the final monthof operation, the licensee may not file anamended tax return or make claim for a gam-ing tax refund based on its contributions tothat particular progressive prize pool;

(L) The central monitoring system for thewide-area progressive system must be in alocation approved by the commission. Theoffice containing the central monitoring sys-tem shall be secure and shall have surveil-lance coverage that has been approved by thecommission. The central monitoring systemshall employ on-line data redundancy thatpermits a complete and prompt recovery ofall information in the event of any malfunc-tion and utilize environmental controls suchas uninterruptible power supplies and fire-proof and waterproof materials to protect crit-ical hardware and software from natural dis-asters. The licensee authorized to provide awide-area progressive system shall berequired to keep and maintain an entry andexit log for the office in a manner approvedby the commission. The commission shall atall times have the right to immediate access tothe office containing the central monitoringsystem and the system itself. If the licenseeoperating the central monitoring system pro-poses to locate the system outside the state ofMissouri, the licensee shall reimburse thecommission for all reasonable and necessaryexpenses incurred by its agents—

1. To travel to the site to inspect the sys-tem’s configuration and operation prior toauthorizing use of the system;

2. To otherwise inspect the system loca-tion in connection with investigations con-cerning failures of the system or its operation;

or3. For such other reasons as the com-

mission deems appropriate;(M) The provider of the wide-area progres-

sive system may not allow any agent oremployee to work on any component of thesystem until that person has obtained a levelII occupational license from the commission;however, the commission may require anyagent or employee of the licensee to obtain alevel I occupation license;

(N) The licensee authorized to provide awide-area progressive system, must maintaina copy of all lease and contractual agreementsrelating to the wide-area progressive systemand supply a copy to the commission uponrequest;

(O) The licensee authorized to provide awide-area progressive system shall ensure thewide-area progressive system prize fund (theamount of money contributed by the partici-pating licensees) is audited, in accordancewith generally accepted auditing standards,on the fiscal year-end of the licensee, by anindependent certified public accountantlicensed by the Missouri State Board ofAccountancy pursuant to Chapter 326,RSMo. Two (2) copies of this report must besubmitted to the commission upon issuanceof the audit report or ninety (90) days afterthe conclusion of the licensee’s fiscal year,whichever occurs first. The cost of the auditshall be paid by the licensee providing thewide-area progressive system; and

(P) Gaming devices connected to a com-mon wide-area progressive system shall:

1. All require the same maximumwager; or

2. If requiring different maximumwagers, utilize the expected value of winningthe top award by setting the odds of winningthe top award in proportion to the amountwagered. The method of equalizing theexpected value of winning the top award shallbe conspicuously displayed on each deviceconnected to the system.

(6) Licensees shall preserve the recordsrequired by this rule for at least five (5) yearsafter they are made unless the commissionapproves otherwise in writing. The recordsshould be stored in a location acceptable tothe commission.

(7) During the normal mode of progressiveslot machines, the progressive controller, orother approved device must continuouslymonitor each machine on the link foramounts inserted and must multiply theaccepted amounts by the rate of progressionand denomination in order to determine thecorrect amounts to apply to the progressive

jackpot. The progressive display must beconstantly updated, in a manner approved bythe commission, as play on the link is contin-ued.

(8) Progressive slot machines shall not bemulti-game or multi-denomination devicesunless:

(A) The computerized slot monitoring sys-tem required by 11 CSR 45-5.220 separatelyand accurately accounts for the amount-in foreach denomination and game, or all gamesoffered for play by the devices contribute tothe progressive jackpot; and

(B) The odds of attaining the winning com-bination are the same for each game; and

(C) Each game requires the same maxi-mum wager to win the progressive jackpot,or if requiring different maximum wagers,utilizes the expected value of winning the topaward by setting the odds of winning the topaward in proportion to the amount wagered.The method of equalizing the expected valueof winning the top award shall be conspicu-ously displayed on each device connected tothe system.

(9) The odds of winning a progressive jack-pot shall not be greater than one in fifty mil-lion (1:50,000,000) unless specificallyapproved in writing by the commission.

(10) Each progressive controller must behoused in a secure, locked location whichallows only authorized accessibility and whichcontains a progressive entry authorization logthat is completed by any person gainingentrance to the secured location. Both thelocation housing progressive controllers andthe form on which entry is logged shall beapproved by the commission prior to use. Thestorage medium that contains the progressivecontroller program shall have a unique signa-ture that allows program verification by anagent of the commission through use of acommission-approved verification device.After verification the storage medium shall besecured in the controller with a commissionsecurity seal. The security seal must beaffixed by and may only be broken andremoved by an authorized commission agent.Additionally, each progressive controller link-ing one (1) or more wide-area progressive slotmachines must be housed in a double-keyedcompartment. A gaming agent must be inpossession of one (1) of the keys and no per-son may have access to the controller withoutthe presence of a gaming agent. Normal oper-ation of progressive gaming devices notwith-standing, communication to a progressivecontroller shall be permitted only by autho-rized personnel through entrance to the con-troller’s secured location and who document

20 CODE OF STATE REGULATIONS (6/30/18) JOHN R. ASHCROFT

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

such access and the purpose therefore on theprogressive entry authorization log.

(11) If this rule prescribes multiple items ofinformation to be displayed on a slotmachine, it is sufficient to have the informa -tion displayed in an alternating fashion.

(12) In addition to the metering requirementsprovided for in the Minimum Internal Con-trol Standards (MICS), each slot machineattached to one (1) or more wide-area pro-gressive slot machine meters must have a sep-arate software meter that counts the numberof times each primary progressive meter isactivated.

(13) Each machine must have a separate keyand key switch to reset the progressive meteror meters or another reset mechanismapproved in writing by the commission.

(14) Unless the commission has approved thepayment of prizes by installments, a licenseewho has a progressive slot machine mustmaintain minimum cash reserves in accor-dance with 11 CSR 45-8.150. The commis-sion must approve all such cash reserves.Notwithstanding the provisions of 11 CSR45-5.240 Periodic Payments, to the contrary,the commission shall require that the licenseeauthorized to provide a wide-area progressivesystem—

(A) Maintain in a restricted account areserve consisting of cash, United StatesGovernment Treasury Securities, UnitedStates Government Agency Securities and/orMissouri state debt instruments of not lessthan the sum of the following amounts:

1. The present value of the aggregateremaining balances owed on all jackpots pre-viously won by patrons through the wide-area progressive system; and

2. An amount sufficient to fully fund thepresent value of all amounts currently reflect-ed on the progressive meters of the wide-area progressive systems; and

(B) In addition, the licensee authorized toprovide the wide-area system shall at all timessatisfy and be in compliance with the follow-ing ratios and tests:

1. An interest coverage ratio of not lessthan three to one (3:1); and

2. Debt to EBITDA (earnings beforeinterest, taxes, depreciation and amortization)of not more than four to one (4:1); and

3. Satisfaction of one (1) of the follow-ing ratios and tests:

A. A current ratio of not less than twoto one (2:1); or

B. Working capital that is greater thantwenty percent (20%) of the licensee’s total

jackpot liability; orC. Working capital in excess of one

hundred (100) million dollars and a credit rat-ing from at least two (2) of the followingcredit rating organizations equal to or higherthan the following:

(I) Standard & Poor’s CorporateBBB-;

(II) Moody’s Long-Term Baa3; or(III) Fitch Corporate BBB-.

(15) The requirements of this rule shall applyequally to one (1) progressive gaming devicelinked to a progressive controller or which isinternally controlled, as well as several pro-gressive gaming devices linked to one (1)progressive controller within one (1) casinoor multiple casinos.

AUTHORITY: section 313.004, RSMo 2000,and sections 313.800 and 313.805, RSMoSupp. 2011.* Emergency rule filed Sept. 1,1993, effective Sept. 20, 1993, expired Jan.17, 1994. Emergency rule filed Jan. 5, 1994,effective Jan. 18, 1994, expired Jan. 30,1994. Original rule filed Sept. 1, 1993, effec-tive Jan. 31, 1994. Amended: Filed Aug. 30,1996, effective March 30, 1997. Amended:Filed July 2, 1997, effective Feb. 28, 1998.Amended: Filed May 13, 1998, effective Oct.30, 1998. Amended: Filed Aug. 30, 2002,effective March 30, 2003. Amended: FiledJan. 24, 2003, effective Aug. 30, 2003.Amended: Filed Feb. 24, 2004, effective Oct.30, 2004. Amended: Filed Jan. 18, 2005,effective Aug. 30, 2005. Amended: Filed Aug.30, 2006, effective March 30, 2007. Amend-ed: Filed July 28, 2010, effective Feb. 28,2011. Amended: Filed July 28, 2011, effectiveMarch 30, 2012.

*Original authority: 313.004, RSMo 1993, amended 1994;313.800, RSMo 1991, amended 1993, 1994, 2005; and313.805, RSMo 1991, amended 1993, 1994, 2000, 2008,2010.

11 CSR 45-5.210 Integrity of ElectronicGaming Devices

PURPOSE: This rule establishes the stan-dards for the integrity of electronic gamingdevices.

(1) Electronic gaming devices shall—(A) As authorized by the commission,

accept only electronic cards, tickets,coupons, credits, currency, or tokens aswagers;

(B) Be electronic in design and operationand not be electromechanical or mechanicalin operation;

(C) Not subject a player to physical haz-ards;

(D) Contain a surge protector on the linethat feeds power to the electronic gamingdevice. A battery back-up or an equivalentshall be installed on the device for the elec-tronic meters and shall be capable of accu-rately maintaining all information requiredfor thirty (30) days after power is discontin-ued from the electronic gaming device. Thebattery back-up shall be kept within thelocked logic area;

(E) Have a secure and dedicated data pro-tocol link to any central computer monitoringsystem, which shall be a closed system inac-cessible to communication with any othercomputer, device or mode of telecommunica-tions unless otherwise approved by the com-mission;

(F) Have an on/off switch that controls theelectrical current used in the operation of theelectronic gaming device and any associatedequipment which shall be located in an acces-sible place within its interior;

(G) Be designed so that it shall not beadversely affected by magnetic, electromag-netic, electrostatic or radio frequency inter-ference;

(H) If designed to accept physical tokens,have at least one (1) electronic token accep-tor. Token acceptors must be designed toaccept designated tokens and reject others.The token acceptor on an electronic gamingdevice must be designed to prevent the use ofcheating methods such as slugging, stringing,spooning, the insertion of foreign objects,and other manipulation. All token acceptorsare subject to approval by the commission.Tokens accepted but which are inappropriatetoken-ins must be rejected to the coin tray,returned to the player by activa tion of thehopper or printer or credited toward the nextplay of the electronic gaming device. Theelectronic gaming device control programmust be capable of handling rapidly fedtokens or simultaneously fed tokens so thatoccurrences of inappropriate token-ins areprevented. Gaming devices, shall have sen-sors capable of determining the direction andspeed of token travel in the receiver and anyimproper direction or coin traveling at tooslow of a speed shall result in the electronicgaming device going into an error condition;

(I) Be designed so the internal space of theelectronic gaming device is not readily acces-sible when the front door is both closed andlocked;

(J) Have its locked logic area(s) within theelectronic gaming device and the critical pro-gram storage media housed therein sealedwith commission security seals. The securityseals must be affixed by an authorized com-mission agent and must include the date, sig-nature or initials and identification number ofthe agent. These seals may only be broken orremoved by an authorized commission agent;

CODE OF STATE REGULATIONS 21JOHN R. ASHCROFT (6/30/18)Secretary of State

Chapter 5—Conduct of Gaming 11 CSR 45-5

22 CODE OF STATE REGULATIONS (6/30/18) JOHN R. ASHCROFT

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

(K) Have a hopper contained in a lockedarea within the electronic gaming device ifdesigned to dispense tokens. The electronicgaming device control program shall ensurethe diverter directs tokens to the hopper or, inthe alternative, to the drop compartmentwhen the token level in the hopper makescontact with the diverter’s hopper-full sensorprobe. Hopperless gaming devices shallalways divert tokens to the drop compart-ment;

(L) Contain no hardware or softwareswitches that alter the pay-tables or payoutpercentages in its operation, other than asapproved by the commission and whichrequire access to a locked logic area;

(M) Have an identification plate with thefollowing information securely affixed by themanufacturer to the exterior of the electronicgaming device cabinet:

1. Manufacturer; 2. Serial Number;3. Model Number; and4. Date of manufacturer;

(N) Contain the rules of play for each elec-tronic gaming device displayed on the face orscreen. Rules shall be complete, clear andeasily understood. Each electronic gamingdevice must also display the credits wageredand the credits awarded for the occurrence ofeach possible winning combination based onthe number of credits wagered. All informa-tion required by this subsection must be keptunder glass or another transparent substanceand at no time may stickers or other remov-able items be placed over this information.Additionally:

1. If the game contains a bonus featureincluding a game within a game, the follow-ing rules shall be met:

A. The game shall display clearly tothe player which game rules apply to the cur-rent game state;

B. If the game requires obtaining sev-eral events or symbols toward a bonus fea-ture, the number of events or symbols neededto trigger the bonus feature shall be indicatedalong with the number of events or symbolscollected at any point;

C. The game shall not adjust the like-lihood of a bonus feature occurring based onthe history of prizes obtained in previousgames;

D. If a bonus game is triggered afteraccruing a certain number of events or sym-bols or combination of events or symbols of adifferent kind, the probability of obtaininglike events or symbols shall not decrease asthe game progresses; and

E. The game display shall make itclear to the player that the game is in a bonusmode;

2. If a bonus feature requires extra cred-its to be wagered and the game accumulates

all winnings to a temporary win meter, thegame shall:

A. Provide a means where winningson the temporary meter can be bet to allowfor instances where the player has an insuffi-cient credit meter balance to complete thefeature;

B. Transfer all credits on the tempo-rary meter to the credit meter upon comple-tion of the feature; and

C. Provide the player an opportunitynot to participate;

3. If the game offers a menu of games toa player:

A. The methodology employed by aplayer to select and discard a particular gamefor play shall be clearly displayed on thegaming device and easily followed;

B. The gaming device shall be able toclearly display to the player, at the player’srequest, all games, game rules and pay-tablesbefore the player must commit to playing anygame;

C. The player shall at all times bemade aware of which game has been selectedfor play and is being played, as applicable;

D. The player shall not be forced toplay a game just by selecting that game. Theplayer shall be able to return to the mainmenu;

E. It shall not be possible to start anew game before the current play is complet-ed and all game meters have been updated;

F. The set of games offered to theplayer for selection or the pay-table can bechanged only by a secure method approved bythe commission, which includes turning onand off games available for play through avideo screen interface; and

G. No changes to the set of gamesoffered to the player for selection or to thepay-table are permitted while there are creditson the player’s credit meter or while a gameis in progress;

(O) Be capable of communication with acentral computer system accessible to thecommission, using an industry standard dataprotocol format approved by the commission;

(P) Be capable of continuing the currentgame with all current game features after amalfunction is cleared. This rule does notapply if an electronic gaming device is ren-dered totally inoperable. The current wagerand all credits appearing on the screen priorto the malfunction shall be returned to thepatron;

(Q) If designed to accept tokens, haveattached a drop bucket housed within alocked compartment separate from any othercompartment of the electronic gaming deviceto collect and retain all tokens, diverted to thedrop compartment;

(R) Be capable of detecting and displayingthe following error conditions which an atten-

dant must clear: 1. Token-in jam; 2. Token-out jam; 3. Hopper empty or time-out; 4. Program error;5. Hopper runaway or extra token paid

out; 6. Reverse token-in; 7. Reel error; and 8. Door open;

(S) Use a data communication protocolwhich ensures that erroneous data or signalswill not adversely affect the operation of theelectronic gaming device;

(T) Display a Missouri Gaming Commis-sion registration number permanentlyimprinted, affixed or impressed on the out-side of each electronic gaming device;

(U) Have the capacity to display on thefront of each electronic gaming device itsrules of play, character combinations requir-ing payouts and the amount of the related pay-outs. In addition, the holder of a Class Alicense shall display on each electronic gam-ing device either—

1. A clear description of any merchan-dise or thing of value offered as a payout,including the cash equivalent value of themerchandise or thing of value offered, thedates the merchandise or thing of value willbe offered if the holder of a Class A licenseestablishes a time limit upon initially offeringthe merchandise or thing of value and theavailability or unavailability to the patron ofthe optional cash equivalent value; or

2. The name or a brief description of themerchandise or thing of value offered; pro-vided, however, a sign containing the infor-mation specified in paragraph (1)(U)1. of thissubsection shall be displayed in a prominentlocation approved by the commission near theelectronic gaming device;

(V) Have a mechanical, electromechanicalor electronic device that automatically pre-cludes a player from operating the electronicgaming device after a jackpot requiring amanual payout and requires an attendant toreactivate the electronic gaming device;

(W) Be designed in such a manner that themicroprocessor or equivalent which operatesthe electronic gaming device is assigned aunique identification code, and that the criticalprogram storage media is subject to authenti-cation via an external third-party verificationtool approved by the commission;

(X) If designed to accept currency, tickets,or coupons, have a bill validator-acceptordevice into which a patron may insert suchitems in exchange for an equal value of elec-tronic gaming device credits. Electronicgaming devices containing bill validator-acceptor devices:

CODE OF STATE REGULATIONS 23JOHN R. ASHCROFT (6/30/18)Secretary of State

Chapter 5—Conduct of Gaming 11 CSR 45-5

1. May accept any single denominationor combination of denominations of the fol-lowing United States currency:

A. One dollar ($1) bills;B. Five dollar ($5) bills;C. Ten dollar ($10) bills;D. Twenty dollar ($20) bills;E. Fifty dollar ($50) bills; andF. One hundred dollar ($100) bills;

2. May accept tickets and coupons incompliance with established commission reg-ulations;

3. Shall have software programs thatenable the validator-acceptor to differentiatebetween genuine and counterfeit bills to ahigh degree of accuracy;

4. Shall be equipped with a bill valida-tor-acceptor drop box to collect the currency,tickets, and/or coupons inserted and acceptedby the bill validator-acceptor. The bill valida-tor-acceptor drop box shall:

A. Be housed in a locked compart-ment separate from any other compartment ofthe electronic gaming device;

B. Be accessible by a key that willaccess only the bill validator-acceptor dropbox and no other area of the electronic gam-ing device;

C. Have a slot opening through whichcurrency, tickets, or coupons can be inserted;

D. Be readily identifiable to the elec-tronic gaming device from which it wasremoved; and

E. Have a separate lock to secureaccess to the contents of the drop box, thekey to which shall not access any other areaof the electronic gaming device; and

5. Shall maintain sufficient electronicmetering to report the:

A. Total monetary value of all itemsaccepted;

B. Total number of all items accepted; C. Number of bills accepted for each

bill denomination; D. Number of items accepted for each

item type; andE. The last five (5) items accepted;

and(Y) Have a tower light or candle located

conspicuously on top of the gaming devicethat automatically illuminates when a playerhas won an amount or is redeeming creditsthe device cannot automatically pay, an errorcondition has occurred, or a call attendantcondition has been initiated by the player.This requirement may be substituted for anaudible alarm for bar-top style devices.

(2) Any electronic gaming device manufac-turer holding a supplier license under the pro-visions of 11 CSR 45-4 et seq. shall notifythe commission of any malfunction oranomaly affecting the integrity or operationof devices or systems provided under the

scope of such license regardless of the gam-ing jurisdiction in which the malfunction oranomaly occurred or was discovered. Thenotification shall occur within forty-eight(48) hours of the supplier licensee beingapprised of the malfunction or anomaly andshall be in a format approved by the commis-sion.

AUTHORITY: sections 313.004, 313.800 and313.805, RSMo 2000.* Emergency rule filedSept. 1, 1993, effective Sept. 20, 1993,expired Jan. 17, 1994. Emergency rule filedJan. 5, 1994, effective Jan. 18, 1994, expiredJan. 30, 1994. Original rule filed Sept. 1,1993, effective Jan. 31, 1994. Amended:Filed May 13, 1998, effective Oct. 30, 1998.Amended: Filed March 31, 2005, effectiveOct. 30, 2005.

*Original authority: 313.004, RSMo 1993, amended 1994;313.800, RSMo 1991, amended 1993, 1994; and 313.805,RSMo 1991, amended 1993, 1994, 2000.

11 CSR 45-5.220 Computer MonitoringRequirements of Electronic GamingDevices

PURPOSE: This rule establishes computermonitoring of electronic gaming devices.

(1) The holder of a Class A license must havea computer connected to all electronic gam-ing devices in the riverboat to record andmonitor the activities of these devices. Unlessotherwise approved by the commission, elec-tronic gaming devices shall be operated on-line and in communications with a computermonitoring system approved by the commis-sion. This computer monitoring system shallprovide on-line, real-time monitoring anddata acquisition capability in the format andmedia approved by the commission.

(2) The computer permitted by section (1) ofthis rule shall be designed and operated toautomatically perform and report functionsrelating to electronic gaming device meters,and other exceptional functions and reports inthe riverboat as follows:

(A) Record the number and total value oftokens placed in the electronic gaming devicefor the purpose of activating play;

(B) Record the number and total value oftokens deposited in the drop bucket of theelectronic gaming device;

(C) Record the number and total value oftokens automatically paid by the electronicgaming device as the result of a jackpot;

(D) Record the number and total value oftokens to be paid manually as the result of ajackpot;

(E) Have an on-line computer alert andalarm monitoring capability to insure directscrutiny of any device malfunction, tamper-ing, or any open door to the electronic gam-ing device or drop area. In addition, any per-son opening the electronic gaming device ordrop area shall make an entry to that effect inthe machine entry authorization log and theentry shall include the time, date, machineidentity and reason for entry;

(F) Be capable of logging in and reportingany revenue transactions not directly moni-tored by token meter, such as tokens placed inthe electronic gaming device as a result of afill and any tokens removed from the elec-tronic gaming device in the form of a credit;

(G) Identify any electronic gaming devicetaken off-line or placed on-line with the com-puter monitoring system, including the date,time and electronic gaming device identifica-tion number; and

(H) Not be connected to or accessible byany other computer, device or telecommuni-cations link and possess adequate safeguardsto prevent any such access, unless access hasspecifically been authorized by the commis-sion under conditions that have been speci-fied in the Class A and B licensee’s system ofinternal controls and approved by the com-mission.

(3) The holder of an operator’s license shallstore, in machine-readable format, all infor-mation required by section (2) of this rule forthe period of one (1) year. The holder of anoperator’s license shall store all informationin a secure area and certify that this informa-tion is complete and unaltered. This informa-tion shall be available in the format andmedia approved by the commission.

(4) The commission surveillance room for thesole accessibility of commission personnelprovided in accordance with these rules shallhouse a secured dedicated computer monitor-ing line which provides computer accessibili-ty to commission personnel to review, moni-tor and record data identical to that specifiedin this rule.

AUTHORITY: sections 313.004, 313.800 and313.805, RSMo 1994.* Emergency rule filedSept. 1, 1993, effective Sept. 20, 1993,expired Jan. 17, 1994. Emergency rule filedJan. 5, 1994, effective Jan. 18, 1994, expiredJan. 30, 1994. Original rule filed Sept. 1,1993, effective Jan. 31, 1994. Amended:Filed June 2, 1995, effective Dec. 30, 1995.Amended: Filed June 25, 1996, effective Feb.28, 1997. Amended: Filed Dec. 17, 1996,effective July 30, 1997. Amended: Filed May13, 1998, effective Oct. 30, 1998.

24 CODE OF STATE REGULATIONS (6/30/18) JOHN R. ASHCROFT

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

*Original authority: 313.004, RSMo 1993, amended 1994;313.800, RSMo 1991, amended 1993, 1994; and 313.805,RSMo 1991, amended 1993, 1994.

11 CSR 45-5.225 Request for GamingDevices and Associated EquipmentApproval

PURPOSE: This rule establishes the processfor requesting approval of gaming equipmentfor use in Missouri. Suppliers, Class A andClass B licensees are required to provide thedocumentation listed herein to be considered avalid request. All suppliers and Class A andClass B licensees must receive an authoriza-tion letter from the commission for gamingdevices and associated equipment and slotaccounting systems to be considered approvedfor use within the state of Missouri.

(1) Prior to any new technology being certi-fied for the Missouri jurisdiction, the manu-facturer shall consult with the commission toassure such new technology would be compli-ant with Missouri’s regulations.

(2) Effective September 30, 2014, the com-mission will become the sole approval author-ity for all gaming devices and associatedequipment and slot accounting systems. Sup-pliers, Class A, and Class B licensees mustreceive an authorization letter from the com-mission before such gaming equipment andslot accounting systems are considered“approved” for use in the state of Missouri.

(3) Effective September 30, 2014, gamingequipment and slot accounting systemsactively in service at Class B licensees’ facil-ities will remain in an approved status. Sup-plier, Class A, or Class B licensees mustnotify the commission prior to placing anygaming equipment or slot accounting systeminto service which has been previously certi-fied by an ITL, but was not actively in ser-vice in Missouri on September 30, 2014, tobe reviewed for approval by the commission.The commission will issue approval for suchrequest, provided such gaming equipment orslot accounting system does not contain anyknown malfunctions or anomalies.

(4) The supplier, Class A, or Class B licenseesubmitting a request for approval of gamingequipment or a slot accounting system shalldo so through the commission’s electronicportal.

(A) All information in the request shall becomplete and accurate. Should such requestbe determined inaccurate, the commissionshall be notified immediately. The requestshall include the following:

1. ITL’s certification documentation;

2. A complete list of hardware and soft-ware modifications requested for approval;

3. Test Script version number used bythe ITL for testing;

4. Probability Accounting Report (PAR)sheets, if applicable;

5. Documentation describing the instal-lation and configuration procedures;

6. The applicable functionality beingrequested; and

7. Any additional supplemental docu-mentation clarifying the technology requestedfor approval (e.g., white paper).

(B) Additional information may be request-ed by the commission at any time, includingthe digital image(s) (critical executable files)of the production version of the device.

(C) The submitting supplier, Class A, orClass B licensee shall digitally sign a state-ment that the product meets all regulatoryrequirements.

(5) The commission may make a preliminary,nonbinding determination whether any newgaming equipment or slot accounting systemmeets the Missouri rules, regulations, andstatutes. At the commission’s sole discretion,the commission may require any new gamingequipment or slot accounting system to be test-ed in a field trial environment(s) at a licensedgaming establishment(s). Each field trial shallbe conducted for at least thirty (30) calendardays and no more than one hundred eighty(180) calendar days under terms and condi-tions that the commission may approve orrequire. The supplier shall submit a report tothe commission every thirty (30) days detail-ing the performance of the product being test-ed, exception reports outlining any exceptioncodes triggered, a list of customer complaintsand inquiries regarding the performance, andother items as determined by the commission.A field trial may be terminated at any time, inwhich case the new gaming equipment or slotaccounting system will not be approved as aresult of such field trial.

AUTHORITY: section 313.004, RSMo 2000,and section 313.805, RSMo Supp. 2013.*Original rule filed Jan. 30, 2014, effectiveSept. 30, 2014.

*Original authority: 313.004, RSMo 1993, amended 1994and 313.805, RSMo 1991, amended 1993, 1994, 2000,2008, 2010.

11 CSR 45-5.230 Certification and Regis-tration of Electronic Gaming Devices

PURPOSE: This rule establishes the certifi-cation and registration of electronic gamingdevices.

(1) The commission will review all electronicgaming devices for proper mechanical andelectronic functioning. Before certification ofan electronic gaming device, the commissionmay employ the services of an independentelectronics laboratory to evaluate the device.

(2) After completing evaluations of the elec-tronic gaming device, the commission maycertify the electronic gaming device for reg-istration.

(3) Gaming shall be prohibited with any elec-tronic gaming device which has not been reg-istered with the commission.

(4) The holder of a Class A license shall notoperate an electronic gaming device in Mis-souri unless the electronic gaming device hasa commission registration number.

(5) The supplier of the electronic gamingdevice, after receiving the appropriate docu-mentation, will reimburse the commission forany cost incurred in any evaluation process.

(6) The holder of a Class A license shall notalter the operation of registered electronicgaming devices and shall maintain the elec-tronic gaming devices in a suitable condition.Each holder of a Class A license shall keep awritten list of any repairs made to electronicgaming devices offered for play to the public.Repairs include, without limitation, replace-ment of parts that may affect the game’s out-come. The holder of a Class A license shallmake the list available for inspection by thecommission upon request.

(7) The holder of a Class A license shall keepa written list of the date of each distribution,the serial number of each electronic gamingdevice and the commission registration num-ber.

(8) The holder of a Class A license shall notdispose of any electronic gaming device with-out prior written approval of the commission.

AUTHORITY: sections 313.004, 313.800 and313.805, RSMo 1994.* Emergency rule filedSept. 1, 1993, effective Sept. 20, 1993,expired Jan. 17, 1994. Emergency rule filedJan. 5, 1994, effective Jan. 18, 1994, expiredJan. 30, 1994. Original rule filed Sept. 1,1993, effective Jan. 31, 1994. Amended:Filed May 13, 1998, effective Oct. 30, 1998.

*Original authority: 313.004, RSMo 1993, amended 1994; 313.800, RSMo 1991, amended 1993, 1994; and 313.805,RSMo 1991, amended 1993, 1994.

CODE OF STATE REGULATIONS 25JOHN R. ASHCROFT (11/30/18)Secretary of State

Chapter 5—Conduct of Gaming 11 CSR 45-5

11 CSR 45-5.235 Analysis of QuestionedElectronic Gaming Devices

PURPOSE: This rule establishes the processfor analysis of questioned electronic gamingdevices.

(1) If the operation of any electronic gamingdevice is questioned by any holder of a ClassA license, patron or commission agent, thequestioned device will be examined in thepresence of a commission agent and a repre-sentative of the holder of a Class A license. Ifthe malfunction cannot be cleared by othermeans to the mutual satisfaction of the patronand the holder of a Class A license the elec-tronic gaming device will be subjected to anEPROM (erasable, programmable, read-onlymemory) memory test to verify signaturecomparison by a commission agent.

(2) In the event that the malfunction cannotbe determined and corrected by this testing,the electronic gaming device may be removedfrom service and secured in a remote, lockedcompartment. The electronic gaming devicemay then be transported to an industry-recog-nized laboratory selected by the commissionwhere the device will be fully analyzed todetermine the status and cause of the mal-function. All costs for transportation andanalysis will be borne by the holder of aClass A license and the commission will billthe holder of a Class A license.

AUTHORITY: sections 313.004, 313.800 and313.805, RSMo 1994.* Emergency rule filedSept. 1, 1993, effective Sept. 20, 1993,expired Jan. 17, 1994. Emergency rule filedJan. 5, 1994, effective Jan. 18, 1994, expiredJan. 30, 1994. Original rule filed Sept. 1,1993, effective Jan. 31, 1994. Amended:Filed May 13, 1998, effective Oct. 30, 1998.

*Original authority: 313.004, RSMo 1993, amended 1994;313.800, RSMo 1991, amended 1993, 1994; and 313.805,RSMo 1991, amended 1993, 1994.

11 CSR 45-5.237 Shipping of ElectronicGaming Devices, Gaming Equipment orSupplies

PURPOSE: This rule requires licensees toobtain Missouri Gaming Commission approvalprior to shipping electronic gaming devicesinto, out of, or within the state.

(1) Licensees shipping electronic gamingdevices or gaming equipment/supplies asdefined in 11 CSR 45-1.090, with the excep-tion of critical program storage media asdefined in 11 CSR 45-1.090, into, out of, orwithin Missouri, must file a request in a for-

mat specified by the Missouri Gaming Com-mission (MGC) at least five (5) days prior tosuch shipment. The licensee shall receiveMGC approval of the request prior to shippingthe listed items.

(2) Critical program storage media shall beapproved for use in the state prior to ship-ment and shall be shipped separately fromelectronic gaming devices unless otherwiseapproved in writing by the commission.

AUTHORITY: section 313.004, RSMo 2000,and sections 313.805 and 313.807.4, RSMoSupp. 2013.* Original rule filed Sept. 2,1997, effective March 30, 1998. Amended:Filed April 3, 2001, effective Oct. 30, 2001.Amended: Filed Oct. 31, 2005, effective May30, 2006. Amended: Filed June 19, 2006,effective Feb. 28, 2007. Amended: Filed Oct.31, 2013, effective June 30, 2014.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994, 2000; and313.807, RSMo 1991, amended 1993, 2000.

11 CSR 45-5.240 Periodic Payments

PURPOSE: This rule establishes the processof periodic payments.

(1) Except as provided in this rule, a holderof a Class A license shall remit the total win-nings and noncash prizes awarded to a patronas the result of any licensed game, tourna-ment, contest, or promotional activity uponvalidation of the win.

(2) For the purpose of this rule, the followingwords have the following meanings:

(A) Independent financial institutionmeans—

1. A financial institution licensed byMissouri or a national institution with anoffice in Missouri; or

2. An insurance company admitted totransact insurance in Missouri with an A.M.Best Insurance rating of A or another equiva-lent rating; and

3. One which is not affiliated throughcommon ownership with a gaming licensee;

(B) Periodic payments means a series ofpayments that are paid at least annually; and

(C) Trust means an irrevocable fiduciaryrelationship in which one (1) person is theholder of the title to property subject to anequitable obligation to keep or use the prop-erty for the benefit of another.

(3) Periodic payments of winnings and non-cash prizes awarded to a patron as a result ofany licensed game, tournament, contest orpromotional activity may be made if themethod of funding the periodic payments pro-

vides these payments to a winning patron byestablishing—

(A) An irrevocable surety bond or an irre-vocable letter of credit with an independentfinancial institution which provides periodicpayments to a winner should the licenseedefault for any reason. The written agreementestablishing an irrevocable surety bond or theirrevocable letter of credit shall be submittedto the commission for approval;

(B) An irrevocable trust with an indepen-dent financial institution in accordance with awritten trust agreement approved by the com-mission, which provides periodic paymentsfrom an unallocated pool of assets to winningpatrons which must expressly prohibit thewinners from encumbering, assigning or oth-erwise transferring in any way their rights toreceive the deferred portion of the winningsexcept to their estates. The assets of the trustmust consist of federal government securitiesincluding, but not limited to, treasury bills,treasury bonds, savings bonds or other feder-ally guaranteed securities in an amount suffi-cient to meet the periodic payment(s) asrequired; or

(C) Another irrevocable method of provid-ing the periodic payments to a winning patronconsistent with the purpose of this rule andwhich is approved by the commission.

(4) The funding of the periodic paymentsmust be completed within thirty (30) days ofthe date the patron wins or is awarded a prize.

(5) Periodic payments must not be used forwinnings of or noncash prizes worth one hun-dred thousand dollars ($100,000) or less.Periodic payments for total amounts wongreater than one hundred thousand dollars($100,000) shall be paid as follows:

(A) For amounts won greater than onehundred thousand dollars ($100,000), butless than two hundred thousand dollars($200,000), payments must be at least tenthousand dollars ($10,000) annually;

(B) For amounts won of two hundred thou-sand dollars ($200,000) or more, paymentsmust be no less than one-twentieth (1/20) ofthe total amount annually; and

(C) The first payment must be made uponvalidation of the win.

(6) Periodic payments of noncash prizes mayonly be offered if the patron shall have theright to elect whether to receive the noncashprize or cash equivalent of the noncash prizeeach time a periodic payment is to be made.The cash equivalent shall be the actual cost tothe licensee of the noncash prize on the daythe prize is won. The amount of the periodicpayments to be funded shall be determined by

the present value of the cash equivalent of thenoncash prize.

(7) For any licensed game, tournament, con-test or promotional activity for which period-ic payments are utilized, the licensee mustdisplay signs on each gaming device or, if nogaming device is used, then the licensee mustdisplay signs in each gaming, promotional,tournament or contest area specifically set-ting forth either the amount or terms of thepayment to be made each time a periodic pay-ment is to be made. The licensee mustinclude in all radio, television or print adver-tising regarding the activities set forth in thissection, the fact that periodic payments areutilized for total amounts offered as a prize toa patron.

(8) Whenever there is an award of winnings tobe made by periodic payments, and the ClassA licensee fails to fund the periodic paymentsas required by this rule, the licensee shallimmediately notify the commission in writingand shall immediately cease offering anylicensed game, tournament, contest or pro-motional activity for which periodic pay-ments are utilized.

(9) The commission may waive one (1) ormore of the requirements of this rule if itmakes a written finding that the waiver isconsistent with the public policy set forth inthe Act.

AUTHORITY: sections 313.004, 313.800 and313.805, RSMo 1994.* Emergency rule filedSept. 1, 1993, effective Sept. 20, 1993,expired Jan. 17, 1994. Emergency rule filedJan. 5, 1994, effective Jan. 18, 1994, expiredJan. 30, 1994. Original rule filed Sept. 1,1993, effective Jan. 31, 1994. Amended:Filed May 13, 1998, effective Oct. 30, 1998.

*Original authority: 313.004, RSMo 1993, amended 1994;313.800, RSMo 1991, amended 1993, 1994; and 313.805,RSMo 1991, amended 1993, 1994.

11 CSR 45-5.250 Finder’s Fees (Rescinded July 30, 2018)

AUTHORITY: sections 313.004 and 313.805,RSMo 1994. Emergency rule filed Sept. 1,1993, effective Sept. 20, 1993, expired Jan.17, 1994. Emergency rule filed Jan. 5, 1994,effective Jan. 18, 1994, expired Jan. 30,1994. Original rule filed Sept. 1, 1993, effec-tive Jan. 31, 1994. Amended: Filed May 13,1998, effective Oct. 30, 1998. Rescinded:Filed Dec. 7, 2017, effective July 30, 2018.

11 CSR 45-5.260 Dice Specifications

PURPOSE: The purpose of this rule is toestablish minimum standards for dice usedfor gambling games.

(1) Except as otherwise provided in section(2), each die used in gaming shall—

(A) Be formed in the shape of a perfectcube and of a size no smaller than .750 of aninch (.750") on each side nor any larger than.775 of an inch (.775") on each side;

(B) Be transparent and made exclusively ofcellulose except for the spots, name or tradename of the Class B licensee and serial num-bers or letters contained thereon;

(C) Have the surface of each of its sidesperfectly flat and the spots contained in eachside perfectly flush with the area surroundingthem;

(D) Have all edges and corners perfectlysquare and forming perfect ninety degree(90°) angles;

(E) Have the texture and finish of each sideexactly identical to the texture and finish ofall other sides;

(F) Have its weight equally distributedthroughout the cube and no side of the cubeheavier or lighter than any other side of thecube;

(G) Have its six (6) sides bearing white cir-cular spots from one to six (1)–(6) respective-ly with the diameter of each spot equal to thediameter of every other spot on the die;

(H) Have spots arranged so that the sidecontaining one (1) spot is directly oppositethe side containing six (6) spots, the side con-taining two (2) spots is directly opposite theside containing five (5) spots and the sidecontaining three (3) spots is directly oppositethe side containing four (4) spots; each spotshall be placed on the die by drilling into thesurface of the cube and filling the drilled outportion with a compound which is equal inweight to the weight of the cellulose drilledout and which forms a permanent bond withthe cellulose cube, and shall extend into thecube exactly the same distance as every otherspot extends into the cube to an accuracy tol-erance of .0004 of an inch (.0004"); and

(I) Have the name or trade name of theClass B licensee in which the die is beingused imprinted or impressed thereon.

(2) Each die used in gaming at pai gow pokershall comply with the requirements of section(1) except as follows:

(A) Each die shall be formed in the shapeof a perfect cube not larger than .8 of an inch(.8") on each side;

(B) Instead of the name or trade name ofthe Class B licensee, the commission may

approve an identifying mark or logo to beimprinted or impressed on each die;

(C) The spots on each die do not have to beequal in diameter;

(D) Edges and corners may be beveled solong as beveling is similar on each edge andeach corner; and

(E) Tolerances required by subsection (1)(H)of this regulation as applied to pai gow pokerdice shall require accuracy of only .004 of aninch (.004").

(3) Dice designs shall be submitted by theClass B licensee to the commission and mustbe approved by the commission prior to use.

AUTHORITY: sections 313.004, 313.805, and313.830, RSMo 2016.* Original rule filedDec. 17, 1996, effective Aug. 30, 1997.Amended: Filed Feb. 19, 1998, effective Aug.30, 1998. Amended: Filed May 13, 1998,effective Jan. 30, 1999. Amended: Filed July31, 2014, effective Feb. 28, 2015. Amended:Filed April 26, 2018, effective Dec. 30, 2018.

*Original authority: 313.004, RSMo 1993, amended 1994,2014; 313.805, RSMo 1991, amended 1993, 1994, 2000,2008, 2010; and 313.830, RSMo 1991, amended 1993,2000, 2010, 2014.

11 CSR 45-5.265 Dice—Receipt, Storage,Inspections and Removal from Use

PURPOSE: The purpose of this rule is toestablish procedures for the handling of dicewithin the gambling operation other than diceused in pai gow poker.

(1) When dice are received for use in thefacility from a licensed supplier, the boxesshall be placed for storage in a primary orsecondary storage area by at least two (2)employees, one (1) of whom shall be from thetable games department and the other fromthe security department. The primary storagearea shall be located in a secure place, thelocation and physical characteristics of whichshall be approved by the commission. Sec-ondary storage areas, if needed, shall be usedfor the storage of surplus dice. Dice main-tained in secondary storage areas shall betransferred to the primary storage area beforebeing distributed to the pits or tables. All sec-ondary storage areas shall be located insecure areas, the location and physical char-acteristics of which shall be approved by thecommission.

(2) All primary and secondary storage areasshall have two (2) separate locks. The securi-ty department shall maintain one (1) key andthe table games department shall maintain the

26 CODE OF STATE REGULATIONS (11/30/18) JOHN R. ASHCROFT

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

CODE OF STATE REGULATIONS 27JOHN R. ASHCROFT (6/30/18)Secretary of State

Chapter 5—Conduct of Gaming 11 CSR 45-5

other key; provided, however, that no personemployed by the table games departmentbelow the pit manager or poker room manag-er in the organizational hierarchy shall haveaccess to the table games department key forthe primary and secondary storage areas.

(3) Immediately prior to the commencementof each gaming day and at other times as maybe necessary, the pit manager, poker roommanager, or supervisor thereof, in the pres-ence of a security officer, shall remove theappropriate number of dice from the primarystorage area for that gaming day.

(4) Once removed from the primary storagearea, the pit manager, poker room manager,or supervisor thereof, in the presence of asecurity officer, shall take the dice to thepit(s) and distribute the dice to the floorsupervisor(s) or directly to the boxperson ateach table.

(A) At any time prior to being introducedinto play and in the presence of the floorsupervisor, a boxperson at each craps table oranother floor supervisor shall inspect the diceon a flat surface at the craps table or pit standwith a micrometer or any other approvedinstrument approved by the commissionwhich performs the same function, a balanc -ing caliper, a steel set square and a magnet toensure that the dice are in a condition toensure fair play and otherwise conform tosections 313.800 to 313.850, RSMo and therules of the commis sion. These instrumentsshall be kept in a com partment at a crapstable or pit stand and shall be at all timesreadily available for use by the commissionupon request.

(B) Following this inspection the boxper-son shall in the pres ence of the floor supervi-sor place the dice in a cup on the table for usein gaming, and at all times while the dice areat the table, they shall never be left unattend-ed. If the dice are inspected by a floor super-visor for future use that gaming day, the floorsupervisor shall, in the presence of anotherfloor supervisor, place the inspected dice in asingle locked compartment in the pit stand.

(C) The pit manager shall place extra dicefor dice reserve in a single locked compart -ment in the pit stand separate from any pre-inspected dice. The floor supervisor or aboveshall have access to the extra dice to be usedfor that gaming day.

(D) No dice taken from the reserve shall beused for actual gaming unless the dice areinspected in accordance with this rule.

(5) The Class B licensee shall remove any

dice from use any time there is any indicationof tampering, flaws, or other defects thatmight affect the integrity or fair ness of thegame, or at the request of the commission.

(6) At the end of each gaming day and at suchother times as may be necessary, a floorsupervisor, other than the person who origi-nally inspected the dice shall visually inspecteach die for evi dence of tampering. Such evi-dence discov ered at this time or at any othertime shall be immediately reported to thecommission.

(A) Any die showing evidence of tamper -ing shall be placed in a sealed envelope orcontainer in a secure place within the pit untilcollected by a security officer.

1. A label shall be attached to eachenvelope or container which shall identify thetable number, date, and time and shall besigned by the boxperson and floor supervi sor.

2. A Card/Dice Discrepancy Reportshall be completed. The Card/Dice Discrep-ancy Report and the damaged die shall bemaintained in a secure place within the pituntil collected by a security officer. TheCard/Dice Discrepancy Report shall be deliv-ered to the MGC agent on duty for signature.Once completed, security shall retain one (1)copy of the report.

(B) All other dice shall be put intoenvelopes or containers at the end of eachgaming day.

1. A label shall be attached to eachenvelope or container which shall identify thetable number, date, and time and shall besigned by the boxperson and floor supervisor.

2. The envelope or container shall beappropriately sealed and maintained in asecure place within the pit until collected bya security officer.

(7) At the end of each gaming day or, in thealternative, at least once each gaming day atthe same time each day, as designated by theClass B licensee and approved by thecommis sion, and at such other times as maybe nec essary, a pit manager or supervisor ofthe pit manager shall collect all extra dice indice reserve.

(A) All extra dice in dice reserve that areto be destroyed or cancelled shall be placed ina sealed envelope or container, with a labelattached to each envelope or container whichidentifies the date and time and is signed bythe pit manager.

(B) All extra dice in dice reserve that arenot to be destroyed or cancelled shall bereturned to primary storage.

(8) At the end of each gaming day or, in thealternative, at least once each gaming day atthe same time each day, as designated by theClass B licensee and approved by thecommis sion, and at such other times as maybe nec essary, a security officer shall collect—

(A) All envelopes or containers of useddice and any dice in dice reserve that are tobe destroyed or cancelled and shall transportthem to the security department for cancella-tion or destruction;

(B) All extra dice in dice reserve that arenot to be destroyed or cancelled and shalltransport them to primary storage; and

(C) All copies of Card/Dice DiscrepancyReports.

(9) No dice that have been placed in a cup foruse in gaming shall remain on a table formore than twenty-four (24) hours.

(10) The Class B licensee shall submit to thecommission for approval procedures for—

(A) A dice inventory system which shallinclude, at a minimum, the recordation of thefollowing:

1. The balance of dice on hand;2. The dice removed from storage;3. The dice returned to storage or

received from the manufacturer;4. The date of the transaction; and5. The signatures of the individuals

involved.(B) A reconciliation on a daily basis of the

dice distributed, the dice destroyed and can -celled, the dice returned to the primary stor -age area; and

(C) A physical inventory of the dice at leastonce each calendar quarter.

1. This inventory shall be performed byan employee from the compliance or account-ing department and shall be verified to thebalance of dice on hand as recorded on theinventory ledger.

2. The employee conducting this inven-tory shall make an entry and sign theCards/Dice Inventory Ledgers in a mannerthat clearly distinguishes this count as theindependent inventory.

3. Any discrepancies shall immediatelybe reported to the commission.

(11) Dice placed on a gaming table shall becancelled and/or destroyed within a week.

(A) Cancellation shall occur by drilling acircular hole of at least three-sixteenths ofone inch (3/16") in diameter through the cen -ter of each die or other method approved bythe commission.

(B) Destruction shall occur by shredding orother method approved by the commission.

(C) The destruction and cancellation ofdice shall take place in a secure place, thelocation and physical characteristics of whichshall be approved by the commission.

(12) This rule shall not apply to pai gowpoker dice.

AUTHORITY: sections 313.004 and 313.845,RSMo 2000, and sections 313.805 and313.830, RSMo Supp. 2014.* Original rulefiled Dec. 17, 1996, effective Aug. 30, 1997.Amended: Filed Feb. 19, 1998, effective Aug.30, 1998. Amended: Filed Feb. 28, 2007,effective Oct. 30, 2007. Amended: Filed July31, 2014, effective Feb. 28, 2015.

*Original authority: 313.004, RSMo 1993, amended 1994;313.805, RSMo 1991, amended 1993, 1994, 2000;313.830, RSMo 1991, amended 1993, 2000; and 313.845,RSMo 1991, amended 1993, 1994, 1995.

11 CSR 45-5.270 Safety Standards forElectronic Gaming Devices

PURPOSE: This rule establishes safety stan-dards for electronic gaming devices.

(1) All Class A licensees shall be responsiblefor ensuring that all electronic gamingdevices in operation on the excursion gam-bling boat meet the following safety require-ments:

(A) Electrical and mechanical parts anddesign principles must not subject a player tophysical hazards; and

(B) Spilling a conductive liquid on theelectronic gaming device must not create asafety hazard or alter the integrity of the elec-tronic gaming device’s performance; and

(C) The power supply used in an electronicgaming device must be designed to makeminimum leakage of current in the event of anintentional or inadvertent disconnection ofthe alternate current power ground; and

(D) Electronic gaming devices must beUnderwriter’s Laboratories approved orequivalent by January 1, 1998.

(2) All Class A licensees are responsible forensuring that a surge protector is installed oneach electronic gaming device that is in oper-ation on the excursion gambling boat.

(A) Surge protection can be internal to thepower supply or external.

(3) A battery backup device must be installedand capable of maintaining accuracy ofrequired electronic meter information after

power is discontinued from the electronicgaming device. The device must be keptwithin the locked or sealed logic board com-partment and be capable of sustaining storedinformation for one hundred eighty (180)days.

AUTHORITY: sections 313.004, 313.800 and313.850, RSMo 1994.* Original rule filedFeb. 19, 1997, effective Aug. 30, 1997.Amended: Filed May 13, 1998, effective Oct.30, 1998. Amended: Filed Jan. 5, 1998,effective July 30, 1999.

*Original authority: 313.004, RSMo 1993, amended 1994;313.800, RSMo 1991, amended 1992, 1993, 1994; and313.850, RSMo 1993.

11 CSR 45-5.280 Forfeiture of Illegal Win-nings(Rescinded July 30, 2018)

AUTHORITY: section 313.832, RSMo 1994.Emergency rule filed Nov. 10, 1997, effectiveNov. 20, 1997, expired May 18, 1998. Orig-inal rule filed Nov. 10, 1997, effective June30, 1998. Amended: Filed May 13, 1998,effective Oct. 30, 1998. Rescinded: FiledDec. 7, 2017, effective July 30, 2018.

11 CSR 45-5.290 Bingo Games

PURPOSE: This rule prohibits casinos fromconducting bingo games on excursion gam-bling boats.

(1) The following words and terms, whenused in this rule, shall have the followingmeanings:

(A) “Bingo games,” all games commonlyknown as bingo as defined in section313.005(1), RSMo, and any variation there-of, including but not limited to electronicbingo games, bingo games played on elec-tronic gaming devices, and promotional bingogames;

(B) “Promotional bingo games,” all bingogames offered by a Class A licensee to theirpatrons in order to directly or indirectly pro-mote the licensee’s gambling games, whetheror not the licensee receives considerationfrom the patrons playing the bingo games.

(2) Notwithstanding any other provision ofthis chapter to the contrary, no Class Alicensee may conduct bingo games on anexcursion gambling boat.

(3) No Class A licensee may lease or donateany part of its premises to another person ororganization for the purpose of conducting

bingo games.

AUTHORITY: sections 313.004 and 313.805,RSMo 2000.* Original rule filed Dec. 7,2001, effective June 30, 2002. Amended:Filed July 9, 2004, effective Jan. 30, 2005.

*Original authority: 313.004, RSMo 1993, amended 1994and 313.805, RSMo 1991, amended 1993, 1994, 2000.

11 CSR 45-5.300 Progressive Table Games

PURPOSE: This rule establishes the processfor offering progressive table games.

(1) Definitions. As used in this rule—(A) Base amount means the amount of the

progressive jackpot initially offered before itincreases;

(B) Incremental amount means the differ-ence between the amount of a progressivejackpot and its base amount; and

(C) Progressive jackpot means a tablegame payoff that increases over time solely asa function of the wagers played on the pro-gressive game at a table game or group oftable games.

(2) A meter that shows the accurate amountof the progressive jackpot must be conspicu-ously visible to the players at each table gameto which the jackpot applies.

(3) A licensee shall not reduce the amountdisplayed on a progressive jackpot meter orotherwise reduce or eliminate a progressivejackpot unless—

(A) A player wins the jackpot; or(B) The licensee adjusts the progressive

jackpot meter to correct a malfunction andthe licensee documents the adjustment andthe reasons for it; or

(C) The licensee’s gaming operations atthe establishment cease for any reason otherthan a temporary closure where the samelicensee resumes gaming operations at thesame establishment within a month; or

(D) The licensee distributes the incremen-tal amount to another table game progressivejackpot as approved in writing by the com-mission and—

1. The licensee documents the distribu-tion;

2. Any table game offering the jackpotto which the licensee distributes the incre-mental amount does not require that moremoney be played on a single play to win thejackpot than the table game from which theincremental amount is distributed; and

3. The distribution is completed withinthirty (30) days after the progressive jackpotis removed from play or within a longer peri-od as the commission for good cause may

28 CODE OF STATE REGULATIONS (6/30/18) JOHN R. ASHCROFT

Secretary of State

11 CSR 45-5—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission

CODE OF STATE REGULATIONS 29JOHN R. ASHCROFT (6/30/18)Secretary of State

Chapter 5—Conduct of Gaming 11 CSR 45-5

approve; or (E) The commission for good cause

approves in writing a reduction, elimination,distribution, or procedure not otherwisedescribed in this section.

(4) Licensees shall preserve the recordsrequired by this rule for at least five (5) yearsafter they are made unless the commissionapproves otherwise in writing. The recordsshould be stored in a location acceptable tothe commission.

(5) During the normal mode of progressivetable games, the progressive controller, orother approved device, must continuouslymonitor each table gaming position on thelink for the progressive amounts wagered andmust multiply the accepted amounts by therate of progression in order to determine thecorrect amounts to apply to the progressivejackpot. The progressive display must beconstantly updated, in a manner approved inwriting by the commission, as play on thelink is continued.

(6) Progressive games shall not be usedacross multiple table games unless—

(A) The progressive monitoring systemseparately and accurately accounts for thetotal number of progressive wagers for eachtable game and all games offered for playcontribute to the progressive jackpot; and

(B) The odds of attaining the winning com-bination are the same for each game; and

(C) Each game requires the same wageramount to win the progressive jackpot.

(7) The odds of winning a progressive jack-pot shall not be greater than one in fifty mil-lion (1:50,000,000) unless specificallyapproved in writing by the commission.

(8) Each progressive controller must behoused in a secure, locked location whichallows only authorized accessibility andwhich contains a Machine Entry Authoriza-tion Log (MEAL) that is completed by anyperson gaining access to the secured location.Both the location housing progressive con-trollers and the form on which entry is loggedshall be approved by the commission prior touse. The storage medium that contains theprogressive controller program shall have aunique signature that allows program verifi-cation by an agent of the commission throughuse of a commission-approved verificationdevice. After verification the storage mediumshall be secured in the controller with a com-mission security seal. The security seal mustbe affixed by and may only be broken andremoved by an authorized commission agent.

Normal operation of progressive gamingdevices notwithstanding, communication to aprogressive controller shall be permitted onlyby authorized personnel through access to thecontroller’s secured location and who docu-ment such access and the purpose thereforeon the progressive entry authorization log.

(9) Each type of progressive game must havea unique key used to reset the progressivemeter(s) or another reset mechanismapproved in writing by the commission.

(10) Unless the commission has approved thepayment of prizes by installments, a licenseewho has a progressive table game must main-tain minimum cash reserves in accordancewith 11 CSR 45-8.150. The commissionmust approve all such cash reserves.

(11) Progressive jackpots shall not be sharedbetween multiple Class B licensees.

AUTHORITY: section 313.004, RSMo 2000and sections 313.800 and 313.805, RSMoSupp. 2010.* Original rule filed July 28,2010, effective Feb. 28, 2011.

*Original authority: 313.004, RSMo 1993, amended 1994;313.800, RSMo 1991, amended 1993, 1994, 2005; and313.805, RSMo 1991, amended 1993, 1994, 2000, 2008,2010.

11 CSR 45-5.400 Junket, Junket Enter-prises, Junket Representatives—Defini-tions (Rescinded July 30, 2018)

AUTHORITY: sections 313.004 and 313.807,RSMo 2000 and section 313.805, RSMoSupp. 2010. This rule previously filed as 11CSR 45-4.500. Original rule filed Aug. 3,2009, effective March 30, 2010. Moved andamended: Filed March 30, 2011, effectiveNov. 30, 2011. Rescinded: Filed Dec. 7, 2017,effective July 30, 2018.

11 CSR 45-5.410 Junket Enterprise; JunketRepresentative; Agents; Employees—Poli-cies and Prohibited Activities(Rescinded July 30, 2018)

AUTHORITY: sections 313.004 and 313.807,RSMo 2000 and section 313.805, RSMoSupp. 2010. This rule previously filed as 11CSR 45-4.530. Original rule filed Aug. 3,2009, effective March 30, 2010. Moved andamended: Filed March 30, 2011, effectiveNov. 30, 2011. Rescinded: Filed Dec. 7, 2017,effective July 30, 2018.

11 CSR 45-5.420 Junket—Agreements andFinal Reports (Rescinded July 30, 2018)

AUTHORITY: sections 313.004 and 313.807,RSMo 2000 and section 313.805, RSMoSupp. 2010. This rule previously filed as 11CSR 45-4.540. Original rule filed Aug. 3,2009, effective March 30, 2010. Moved andamended: Filed March 30, 2011, effectiveNov. 30, 2011. Rescinded: Filed Dec. 7, 2017,effective July 30, 2018.