2006 Louisiana Laws - RS 27:301 — Short title and definitions

CHAPTER 6.  VIDEO DRAW POKER DEVICES

CONTROL LAW

§301.  Short title and definitions

A.  This Chapter shall be known and may be cited as the "Video Draw Poker Devices Control Law".

B.  As used in this Chapter, the following words and phrases shall have the following meanings unless the context clearly indicates otherwise:

(1)  "Certified technicians level one" means qualified service personnel trained by a manufacturer, distributor, or other qualified entity, or in a training program approved by the division, who are capable of clearing paper or money jams, changing paper contained within the video draw poker devices, or retrieving money from video draw poker devices.

(2)  "Certified technicians level two" means qualified service personnel trained by a manufacturer, distributor, or other qualified entity, or in a training program approved by the division, who are capable of clearing paper or money jams, changing paper contained within the video draw poker devices, or retrieving money from video draw poker devices, performing any repairs, parts replacements, maintenance, cleaning, and other matters related to servicing of video draw poker devices.

(3)  "Device operation" means the privilege of operating a video draw poker device in accordance with the provisions of this Chapter.

(4)  "Device owner" means a person other than a distributor, who owns and operates, maintains, repairs, or services one or more video draw poker devices in licensed establishments.

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(5)  "Distributor" means any person who buys, sells, leases, services, or repairs video draw poker devices and provides a facility for the inspection of those devices as required by the division.

(6)  "Division" shall have the same meaning as that term defined in R.S. 27:3.

(7)  "Hotel" or "motel" means an operating commercial establishment which possesses all appropriate licensing as a hotel or motel and which is engaged primarily in the renting of rooms, generally at a daily rate basis, which provides overnight lodging to the general public.

(7.1)  "Institutional investor" means a person that is:

(a)  A plan or trust established and maintained by the United States Government, a state, a political subdivision of a state for the benefit of their respective employees.

(b)  An investment company that is registered under the Investment Company Act of 1940.

(c)  A collective investment trust organized by a bank under Part Nine of the rules of the Comptroller of the Currency.

(d)  A closed end investment trust registered with the United States Securities and Exchange Commission.

(e)  A mutual fund.

(f)  A life insurance company or property and casualty insurance company.

(g)  A federal or state bank.

(h)  An investment advisor registered under the Investment Advisors Act of 1940.

(8)  "Licensed establishment" means an establishment that has a Class A-General retail permit or a Class A-Restaurant permit as defined in Part II of Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, for the sale of alcoholic beverages for on-premises consumption or a Louisiana state racing commission licensed race track, pari-mutuel wagering facility, or offtrack wagering facility, or a qualified truck stop facility as defined in R.S. 27:306.  Licensed establishment shall not include any premises leased to or utilized by a bona fide nonprofit organization for the conducting of charitable gaming nor any convenience store, quick-stop, food-mart, service station, grocery store, barber shop, laundromat/washateria, package or discount liquor/cigarette establishment, movie theater, or beauty shop.

(9)  "Manufacturer" means any person who manufactures or assembles and programs video draw poker devices for use in this state.

(10)  "Net device revenue" means the gross revenue of a device less the value of prizes paid as shown on the meters of the device.

(11)  "Person" shall have the same meaning as that term defined in R.S. 27:3.

(12)  "Restaurant, bar, tavern, cocktail lounge, or club" means an operating establishment primarily engaged in the retail sale of prepared foods or the sale of alcoholic beverages for on-premises or immediate consumption that meets all of the following criteria:

(a)  Has been granted a Class A-General retail permit or a Class A-Restaurant permit, as defined in Part II of Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, for the sale of alcoholic beverages for on-premises consumption.

(b)  Prepares and serves food or prepares, dispenses, and sells alcoholic beverages for on-premises consumption during the hours it is open to the public.

(c)  Maintains financial records that segregate the sales of alcoholic beverages prepared for on-premises or immediate consumption and sales of food prepared for on-premises or immediate consumption from any other sales on the premises.

(d)  Operates a fully equipped kitchen containing commercial appliances used for the preparation of uncooked foods for on-premises or immediate consumption, which may include but is not limited to a range, an oven, and refrigerated storage appliances; or it must have a person whose primary duty is tending bar on duty while the establishment is open for business and have a permanently affixed wet bar facility, including plumbing and sinks.

(13)  "Service entity" means any person other than a distributor or device owner who repairs, services, inspects, or examines video draw poker devices in the presence of a device owner or owner's employee.

(14)  "Suitability", "suitable", or "suitability requirements" means the criteria provided for in R.S. 27:310.

(15)  "Video draw poker device" means any unit, mechanism, or device authorized pursuant to the provisions of this Chapter, that, upon insertion of cash, is available to play or simulate the play of the game of draw poker or other card games approved by the division, utilizing a cathode ray tube or video display screen and microprocessors in which the player may win games or credits that can be redeemed for cash only.  The term does not include a device that directly dispenses coins, cash, tokens, or anything else of value, except the ticket voucher required in accordance with the provisions of this Chapter.  The term does not include any device authorized to be used in the conducting of charitable gaming.

(16)  "Video draw poker" means any card game approved by the division that utilizes one deck of cards per hand with multiple hands permitted per game.

(17)  "Video draw poker employee" means a person issued a permit pursuant to the provisions of R.S. 27:311.1.

C.  Notwithstanding any provision of law to the contrary, the placement, operation, maintenance, and play of approved video draw poker devices in accordance with the provisions of this Section is legal and such devices shall not be considered gambling devices.

D.  Any license applied for, granted, or issued under the provisions of this Chapter is a pure and absolute privilege, the awarding, denial, or withdrawal of which is solely within the discretion of the division and, except as provided in this Chapter, without recourse at law.  Any license issued or renewed under the provisions of this Chapter is not property or a protected interest under the constitutions of either the United States or the state of Louisiana.

E.  A service entity shall not perform any accounting functions including but not limited to recording meter readings or handling or transporting funds procured  from the video draw poker device.  A service entity shall not perform any actions which would fulfill state reporting requirements other than those directly related to the physical repair of video draw poker devices.

Acts 1991, No. 1062, §1, eff. July 30, 1991; Acts 1994, 3rd Ex. Sess., No. 13, §1, eff. July 1, 1994.  Redesignated from R.S. 33:4862.1 by Acts 1996, 1st Ex. Sess., No. 7, §3, eff. May 1, 1996; Acts 1999, No. 1385, §1; Acts 2001, No. 1222, §1, eff. July 2, 2001; Acts 2003, No. 1268, §1; Acts 2003, No. 1279, §1; Acts 2004, No. 867, §1; Acts 2005, No. 61, §1.