11 CSR 45-17.020 - Procedure for Applying for Placement on List of Disassociated Persons

PURPOSE: This rule establishes the procedure for placement on the commission's List of Disassociated Persons.

(1) The commission may place a person on the List of Disassociated Persons (List) if the person has-

(A) Notified the commission in writing of his/her pledge not to visit licensed excursion gambling boats by filing an Application for Placement on the List with the commission on forms provided by the commission. By filing such application the person acknowledges that s/he is a problem gambler. The applicant agrees that placement on the List is for life and the commission is not authorized to remove a person from the List, except as provided in 11 CSR 45-17.060. In addition, the applicant acknowledges that licensees may use the information provided in the application to notify its affiliated gaming operations that the applicant is a problem gambler. Therefore, the applicant may be excluded from casinos in other jurisdictions as a result of their request to be placed on the List. The person understands, by filing such application, s/he is granting the commission and all Class A and B licensees the right to eject them from the premises of all excursion gambling boats and s/he may be arrested for trespassing if discovered on an excursion gambling boat. Furthermore, the applicant agrees that once placed on the List if s/he is discovered on an excursion gambling boat, jackpots or winnings in his/her possession at the time of the discovery will be forfeited. Such application shall include:

1. The person's full name and all aliases;

2. A physical description including height, weight, hair and eye color, ethnic origin, and any other noticeable physical characteristics;

3. The person's current home and email address(es) and phone numbers;

4. Social Security Number, when voluntarily provided in accordance with section 7 of the Privacy Act of 1974 (5 U.S.C. section 552a) or International Identification Number;

5. Date of birth;

6. A statement that the applicant believes s/he is a problem gambler;

7. A photograph suitable for the commission and Class B licensees to use in identifying the person requesting to be placed on the List;

8. The person's occupation and place of employment, if access to excursion gambling boats is necessary for the purpose of carrying out the duties of the individual's employment, per 11 CSR 45-17.015;

9. Interpreter information and affirmation, if applicable; and

10. Other information as deemed necessary by the commission;

(B) The commission may convert the application to a format that may be filled in and signed electronically;

(C) Signed an acknowledgement verifying s/he wishes to be placed on the commission's List and the commission is specifically authorized and requested to release all contents of the person's application to all Class B licensees and their agents and employees; and

(D) Any person applying to be placed on the List shall execute a full and complete Waiver/Release on a form provided by the commission releasing the commission, all Class A and B licensees, and all their affiliates and agents as identified in 11 CSR 45-17.040 from any liability associated with acts or omissions relating to the provisions of 11 CSR 45-17 et seq.

(2) The application shall be verified and reviewed as designated by the executive director of the commission.

(3) An individual applying for placement on the List agrees to forfeit all points or compli-mentaries earned by the individual before the individual completes the application for placement on the List. Points or complimen-taries refer to credits earned by a person under the terms of a Class B licensee's or its agent's marketing program per 11 CSR 45-5 as approved by the commission and shall include, but not be limited to:

(A) Food complimentaries;

(B) Coupons for chips, cash, or electronic gaming device (EGD) credits;

(C) Hotel complimentaries; or

(D) Any other cash or non-cash benefit assigned to the player's account.

(4) Neither this chapter, 11 CSR 45-17, nor any of the rights, duties, or obligations established herein, shall create any cause of action, right of action, claim, or other right whatsoever in favor of any person other than the commission against the state of Missouri, the commission, any Class A or B licensee, or any of its agents or employees.

Notes

11 CSR 45-17.020

AUTHORITY: sections 313.004, 313.805, 313.813, and 313.832, RSMo 2016.* Original rule filed April 18, 1996, effective Dec. 30, 1996. Emergency amendment filed Aug. 28, 1998, effective Sept. 7, 1998, expired March 5, 1999. Amended: Filed Aug. 28, 1998, effective March 30, 1999. Emergency amendment filed March 30, 1999, effective April 9, 1999, expired Jan. 20, 2000. Amended: Filed March 30, 1999, effective Nov. 30, 1999. Amended: Filed Aug. 25, 2011, effective March 30, 2012. Amended: Filed March 1, 2018, effective Oct. 30, 2018.

AUTHORITY: sections 313.004, 313.813, and 313.832, RSMo 2000, and section 313.805, RSMo Supp. 2011.* Original rule filed April 18, 1996, effective Dec. 30, 1996. Emergen- cy amendment filed Aug. 28, 1998, effective Sept. 7, 1998, expired March 5, 1999. Amended: Filed Aug. 28, 1998, effective March 30, 1999. Emergency amendment filed March 30, 1999, effective April 9, 1999, expired Jan. 20, 2000. Amended: Filed March 30, 1999, effective Nov. 30, 1999. Amended: Filed Aug. 25, 2011, effective March 30, 2012 Amended by Missouri Register September 4, 2018/Volume 43, Number 17, effective 10/31/2018