Kan. Admin. Regs. § 112-101-10 - Advertising; promotion of responsible gaming
(a) As used in this regulation, the term
"advertisement" shall mean any notice or communication to the public of any
information concerning the gaming-re-lated business of an applicant or facility
manager through broadcasting, publication or any other means of dissemination.
The following notices and communications shall be considered advertisements for
purposes of this regulation:
(1) Any sign,
notice, or other information required to be provided by the act or by
regulation, including the following:
(A)
Notices regarding the rules of the games;
(B) information about rules of the games,
payoffs of winning wagers, and odds;
(C) gaming guides;
(D) information imprinted upon gaming table
layouts; and
(E) information
imprinted, affixed, or engraved on slot machines or bill changers;
(2) any signs or other directional
devices contained in a gaming facility for the purpose of identifying the
location of authorized games; and
(3) press releases.
(b) Each facility manager and each applicant
shall provide to the executive director any proposed advertisement that
references the Kansas lottery at least seven business days in advance of its
anticipated publication, broadcast, or other use. The advertisement may be
inspected and approved by the executive director before its publication,
broadcast, or use.
(c)
Advertisements shall be based on fact and shall not be false, deceptive, or
misleading. No advertisement may use any type, size, location, lighting,
illustration, graphic depiction, or color resulting in the obscuring of any
material fact or fail to specifically designate any material conditions or
limiting factors. Each advertisement that the executive director finds to
reflect negatively on the state of Kansas or upon the integrity of gaming shall
be deemed to be in violation of this regulation, and the facility manager or
applicant may be subject to sanction.
(d) Each applicant or facility manager shall
be responsible for all advertisements that are made by its employees or agents
regardless of whether the applicant or facility manager participated directly
in its preparation, placement, or dissemination.
(e) Each on-site advertisement of a facility
manager's business shall comply with the facility manager's responsible gaming
plan that has been approved by the commission pursuant to article 112. Each
advertisement shall reference the Kansas toll-free problem gambling help line
in a manner approved by the executive director.
(f) Each applicant and each facility manager
shall submit all proposed text and planned signage informing patrons of the
toll-free number regarding compulsive or problem gambling to the executive
director with its responsible gaming plan required in article 112.
(g) Each advertisement shall be maintained by
the facility manager or applicant for at least one year from the date of
broadcast, publication, or use, whether that advertisement was placed by, for,
or on behalf of the facility manager or applicant. Each advertisement required
to be maintained by this subsection shall be maintained at the principal place
of business of the facility manager or applicant and shall be made available or
produced for inspection upon the request of the commission.
(h) Each gaming facility manager and each
applicant shall maintain a file containing samples of the types and forms of
promotional materials not directly related to gaming activity for at least six
months from the date of placement of the promotional materials. The promotional
materials shall be maintained at the principal place of business of the
facility manager or applicant and shall be made available or produced for
inspection upon the request of the executive director.
Notes
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