The Executive Director may recommend that an application for
a license be denied if the Executive Director believes that the place or
location for which the license is sought is unsuitable for the conduct of
gaming operations. The Commission may deny an application for a state gaming
license if it deems that the place or location for which the license is sought
is unsuitable for the conduct of gaming operations. Without limiting the
generality of the foregoing, the following places or locations may be deemed
unsuitable:
(a.) Premises located
within the immediate vicinity of residential areas, churches, schools and
children's public playgrounds.
(b.)
Premises where gaming is contrary to any county or city, ordinance, including,
but not limited to, zoning ordinances restricting the permissible locations for
gaming facilities, so long as such ordinances do not have the effect of
absolutely excluding or prohibiting legal gaming;
(c.) Premises which fail to meet federal,
state or local health and safety standards, and any other applicable laws or
regulations including, but not limited to Coast Guard regulations.
(d.) Premises frequented by minors. The
Executive Director may recommend and the Commission may determine that premises
frequented by minors are nevertheless suitable if the applicant demonstrates
that it has taken sufficient precautions to separate areas of the premises
frequented by minors from the gaming operation.
(e.) Premises lacking adequate supervision or
surveillance.
(f.) Premises
difficult to police, or where adequate fire protection may be
difficult.
(g.) Any other premises
where the conduct of gaming would be inconsistent with the public policy of the
State of Mississippi.
(h.) The
Legislature has declared certain public policy relating to gaming. In response
to these directives, the Mississippi Gaming Commission has adopted certain
rules as guidelines to adhere to this policy.
(i.) The Commission, in conformity with this
policy and guidelines in its rules and regulations when determining suitability
of a site in which primary access is from a foreign jurisdiction, finds that:
1. Access to any site on the west side of
Mississippi River would require primary access from a foreign
jurisdiction;
2. Revenues from
tourism and ancillary business would by necessity adhere to jurisdictions other
than Mississippi;
3. The population
of the area served would be substantially non-Mississippi;
4. It would not maximize economic development
of Mississippi;
5. Is not
beneficial to Mississippi tourism;
6. Employment opportunities would serve other
than Mississippians;
7. Shore
developments would substantially be on foreign jurisdictions;
8. Fire and police protection would fall on
the shoulders of the foreign jurisdiction due to the inaccessibility of the
site. There would be an undue burden on the Commission to strictly regulate as
dictated by the Legislature.
9. Any
establishment that must be accessed by agents traveling through foreign
jurisdictions, frequently, if not daily, puts an unacceptable burden on that
agent as well as the State. The lost time through travel is a highly
inefficient use of state assets and additionally requires the agent to abandon
on a daily basis the protection afforded to him by the state and submit to the
laws of the foreign jurisdiction. The Mississippi Gaming Commission therefore
declares it to be the policy of the Commission that any location that requires
primary access from foreign jurisdictions to be unsuitable for a gaming
establishment. (Adopted: 09/25/1991; Amended: 10/13/1994.)
