(a) A gaming device or gaming device modification submitted for approval by a manufacturer or made available for play by a licensee must not use a theme that:

1. (1) Is derived from or based on a product that is currently and primarily intended or marketed for use by persons under twenty-one (21) years of age; or

2. (2) Depicts a subject or material that:

   1. (A) Is obscene;
   2. (B) Offensively portrays persons based on:

(i) Race;

1. (ii) Religion;

   1. (iii) National origin;

      1. (iv) Gender; or
      2. (v) Sexual preference; or
   2. (C) Is otherwise contrary to public policy of this state.

(b)

1. (1) A manufacturer, licensee, or other person holding the intellectual property rights to a theme may, concurrent with or independent of an application for approval of or modification to a gaming device, file a request with the Arkansas Racing Commission, in such manner and using such forms as the commission may prescribe, for a determination as to whether subsection (a) of this section prohibits use of the theme in connection with a gaming device.
2. (2) The request for determination must be accompanied by a nonrefundable fee of Five hundred dollars ($500) for each separate theme.

3. (3)

   1. (A) The requesting party shall articulate the reasons that the theme is not prohibited by subsection (a) of this section along with any additional information it deems relevant to the determination.

   2. (B) Information submitted pursuant to this section is confidential.

      1. (c) Within thirty (30) days of the submission of the request for determination pursuant to subsection (b) of this section, the commission shall administratively approve, approve with modification or condition, or deny the request for determination.
      2. (d)
4. (1) A written request for withdrawal of the request for determination may be made by the requesting party at any time prior to the commission’s final action on such request.
5. (2) A request for withdrawal is effective upon delivery to the commission and is without prejudice.