Section 313.817

Title XXI PUBLIC SAFETY AND MORALS

Chapter 313

Effective - 28 Aug 2016, 3 histories   

  313.817.  Wagering, conduct of, requirements — persons under twenty-one years of age not allowed to wager or be employed as a dealer — invasion of privacy protections — presentation of false identification a misdemeanor — credit instruments, use of, requirements. — 1.  Except as permitted in this section, the licensee licensed to operate gambling games shall permit no form of wagering on gambling games.

  2.  The licensee may receive wagers only from a person present on a licensed excursion gambling boat.

  3.  Wagering shall not be conducted with money or other negotiable currency.  The licensee shall exchange the money or credit instrument of each wagerer for electronic or physical tokens, chips, or other forms of credit to be wagered on the gambling games.  The licensee shall exchange the tokens, chips, or other forms of wagering credit for money at the request of the wagerer.

  4.  A person under twenty-one years of age shall not make a wager on an excursion gambling boat and shall not be allowed in the area of the excursion boat where gambling is being conducted; provided that employees of the licensed operator of the excursion gambling boat who have attained eighteen years of age shall be permitted in the area in which gambling is being conducted when performing employment-related duties, except that no one under twenty-one years of age may be employed as a dealer or accept a wager on an excursion gambling boat.  The governing body of a home dock city or county may restrict the age of entrance onto an excursion gambling boat by passage of a local ordinance.

  5.  In order to help protect patrons from invasion of privacy and the possibility of identity theft, patrons shall not be required to provide fingerprints, retinal scans, biometric forms of identification, any type of patron-tracking cards, or other types of identification prior to being permitted to enter the area where gambling is being conducted on an excursion gambling boat or to make a wager, except that, for purposes of establishing that a patron is at least twenty-one years of age as provided in subsection 4 above, a licensee operating an excursion gambling boat shall be authorized to request such patron to provide a valid state or federal photo identification or a valid passport.  This section shall not prohibit enforcement of identification requirements that are required by federal law.  This section shall not prohibit enforcement of any Missouri statute requiring identification of patrons for reasons other than being permitted to enter the area of an excursion gambling boat where gambling is being conducted or to make a wager.

  6.  A licensee shall only allow wagering and conduct gambling games at the times allowed by the commission.

  7.  It shall be unlawful for a person to present false identification to a licensee or a gaming agent in order to gain entrance to an excursion gambling boat, cash a check or verify that such person is legally entitled to be present on the excursion gambling boat.  Any person who violates the provisions of this subsection shall be guilty of a class B misdemeanor for the first offense and a class A misdemeanor for second and subsequent offenses.

  8.  Credit instruments executed on or after August 28, 2016, are valid contracts creating debt that is enforceable by legal process.  A licensee may accept credit instruments from a qualified person in exchange for currency, chips, tokens, or electronic tokens that can be wagered on gambling games at the licensee's excursion gambling boat.  For the purposes of this subsection, "qualified person" means a person who has completed a credit application provided by the licensee and who is determined by the licensee, after performing a credit check and applying usual standards to establish creditworthiness, to qualify for a line of credit and in an amount to be determined by the licensee under the restrictions in subsection 9 of this section based on such person's demand deposit account or accounts, including any checking account and savings account.  Once the licensee makes the determination that a person is a qualified person, additional credit checks are not required.  Approval to accept a credit instrument from a qualified person shall be made by the holder of an occupational license.  If a new credit instrument is issued to consolidate or replace an existing credit instrument or instruments, the new credit instrument shall use the oldest date of the credit instrument or instruments being replaced.  A lost or destroyed credit instrument shall remain valid and enforceable if the party seeking enforcement can prove its existence and terms.  Any person who violates this subsection is subject only to the penalties provided in section 313.812.  The commission shall have no authority to determine the validity or enforceability of a credit instrument or the enforceability of the debt that the credit instrument represents.  Failure to comply with any regulation promulgated by the commission shall not impact the validity or enforceability of the credit instrument or the debt that the credit instrument represents.

  9.  In addition to the other creditor protections contained in this section, a licensee shall not lend anything of value or extend credit to any person for the purpose of permitting that person to wager on any gambling game except through the use of a credit instrument.  Credit^* instruments of ten thousand dollars or less may be accepted only if the licensee determines the qualified person's creditworthiness to be at least twice the amount of the credit instrument or ten thousand dollars, whichever is less.  Credit^* instruments of more than ten thousand dollars may be accepted only if the licensee determines the qualified person's creditworthiness to be equal or in excess of the amount of the credit instrument.  No^** credit instrument shall be secured by any individual's house or other real property, tangible personal property, investments, IRAs, a 401(k), pensions or other retirement accounts, any college savings plans, or any assets whatsoever other than a demand deposit account or accounts.  All credit instruments shall provide that any credit extended shall be due no later than thirty days from the date credit is extended.  Credit instruments shall be considered an unsecured loan and shall not bear interest.

  10.  No credit shall be extended to a person who is intoxicated.

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(L. 1991 H.B. 149 § 8 Adopted by Referendum, Proposition A, November 3, 1992, A.L. 1993 S.B. 10 & 11 § 8, A.L. 2000 S.B. 902, A.L. 2008 Adopted by Initiative, Proposition A, November 4, 2008, A.L. 2014 S.B. 741, A.L. 2016 S.B. 833)

*Word "; credit" appears in original rolls.

**Words "; and no" appear in original rolls.