11 CSR 45-11.060 - Season Tickets, Complimentary Tickets and Fee-Free Passes
(1) If
tickets are issued which are good for more than one (1) excursion, the
admission fee is paid to the commission for each person using the ticket on
each excursion for which the ticket is used.
(2) In the event free or complimentary
admission tickets are issued, the licensee shall pay to the commission, the
admission fee upon the tickets as if they were sold at the regular admissions
rate; except, however, that the licensee may issue fee-free passes to actual
and necessary officials and employees of the licensee or other persons actually
working on the excursion gambling boat.
(A)
For purposes of this section, "actual and necessary officials and employees of
the licensee" shall mean officers and directors of the licensee, regular
full-time employees of the licensee and other persons hired by the licensee on
a special or part-time basis, any of whom must be present on the excursions
gambling boat for the express purpose of performing services for the licensee
in connection with the normal and ordinary course of its gambling
operations.
(B) For purposes of
this section "other persons actually working on the excursion gambling boat"
shall mean persons who are not the employees of the licensee but whose presence
on the excursion gambling boat is otherwise for the express purpose of
performing services for the licensee or any vendors conducting business, in
connection with the normal and ordinary course of its gambling
operations.
(3) All
persons embarking on an excursion gambling boat shall enter with a ticket of
admission, except those persons entitled to enter upon issuance of a fee-free
pass.
(4) All entries onto and
exits from the excursion gambling boat shall be through a turnstile or similar
device capable of automatic and accurate recording of the number of persons
entering and exiting the boat for each excursion.
(5) The location of entry for all ticket
holders shall be separate from the location of entry for persons entitled to a
fee-free pass.
(6) Calculation of
the admission fee due by the licensee shall be made upon the record of ticket
entries onto the excursion gambling boat or the number of persons recorded by
the turnstile reading as being in the gaming area, whichever is higher.
(A) At the conclusion of the excursion, the
licensee shall take a reading of the exit turnstile. The licensee shall record
a reading of the entry turnstile upon the conclusion of the time for entry for
each excursion.
(7) The
licensee shall be responsible to keep and maintain a record of ticket entries
onto the boat on a daily basis. This record shall be available for inspection
by the commission at all times, and may be requested by the commission in its
discretion. The actual record should be attached to the licensee's return when
filed with the commission.
(8) The
licensee shall otherwise maintain a list of all persons entitled to a fee-free
pass, and to whom such a pass is actually issued on a daily basis. This list
shall specify the relationship of the person to the licensee, the duration of
the pass and the basis upon which it is issued.
(A) The commission may review this list, and
request from the licensee a written explanation regarding the basis for the
issuance of a fee-free pass to any person whose name appears on the list. If,
in the discretion of the commission, this explanation is unsatisfactory or the
commission otherwise finds that the pass was improperly issued, the commission
may assess the fee for each day the pass was improperly used, assess penalties
or take any other appropriate remedial action.
(B) No person shall be issued more than one
(1) fee-free pass per day and no pass may be issued for more than the length of
time necessary for the person to conduct the services authorizing its use. No
person to whom a fee-free pass is issued may wager on the excursion gambling
boat.
(9) It shall be the
licensee's responsibility to establish an internal system of control to comply
with this rule.
Notes
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