With respect to gaming site approval, approval constitutes
only the Commissions finding that the location complies with applicable gaming
laws and regulations. Gaming site approval does not entitle the recipient to
approval to proceed with development, nor does it constitute a license to
engage in gaming or a right to a gaming license. Gaming site approval is a
revocable privilege, and no holder acquires any vested right therein. The
Mississippi Gaming Commission reserves the right to revoke any site approval
should the circumstances change that would make the site illegal or unsuitable.
When presenting for approval the applicants application for gaming site
approval, the following information, together with evidence satisfactory to the
Commission in support thereof, must be included:
(a) A survey indicating the specific location
of the property.
(b) The current
use of any adjacent property as well as the location of the nearest residential
area, church and school.
(c)
Evidence that all applicable zoning ordinances allow gaming at the proposed
site.
(d) A survey establishing the
mean high water line must be provided at the time gaming site approval is given
which is performed by a qualified surveyor for performance of tidal surveys.
This provision is only applicable for proposed gaming sites located in the
three (3) most southern counties in the State of Mississippi. Gaming
establishments in the three (3) most southern counties in the State of
Mississippi are permitted to be permanent inland structures. No point in the
gaming area may be more than eight hundred (800) feet from the nineteen (19)
year mean high water line. Harrison County establishments south of Highway 90
may exceed the eight hundred (800) foot measurement up to the southern boundary
of Highway 90. All public easements and rights-of-way for public streets and
highways shall be excluded from the eight hundred (800) foot measurement. Any
point of reference used to determine the 800 foot distance from the mean high
water line must be located on the applicant or licensees premises. The
applicant or licensee must own and /or lease the land that is contiguous both
to the parcel used to conduct gaming and the point of reference used to
determine the mean high water line, and this land must be shown to be an
integral part of the project. The Commission has final authority in reviewing
and approving each site as it pertains to meeting the requirements of this
regulation
