(a) As used in this section, “promotional device” means a contrivance that resembles a gaming device or slot machine that:

1. (1) Is playable without a wager being made; or
2. (2) Always pays out an amount in either cash or prizes that is equal to or greater than the wager made.

(b)

1. (1) A manufacturer or distributor shall not distribute a promotional device for use in this state and a casino licensee shall not offer a promotional device for play to the public unless the promotional device has been approved by the Arkansas Racing Commission.
2. (2) A restricted licensee shall not offer a promotional device for play to the public unless the promotional device and the use of the promotional device have both been approved by the commission.

(c)

1. (1) Applications for approval of promotional devices must be made, processed, and determined in such manner and using such forms as the commission may prescribe.

2. (2) Each application must include, in addition to such other items or information as the commission may require:

   1. (A) A complete, comprehensive, and technically accurate description and explanation of the manner in which the device operates and complies with all applicable statutes, rules, regulations, and technical standards, signed under penalty of perjury;
   2. (B) The name and permanent address of the purchaser if the purchaser is currently licensed by the commission;
   3. (C)

(i) The name, permanent address, Social Security number, and driver’s license number of the purchaser if the purchaser is not currently licensed by the commission.

1. (ii) If the purchaser does not have a Social Security number or driver’s license number, the purchaser’s birth date may be substituted;

   1. (D) The quantity and the serial numbers of the promotional devices being sold or distributed; and
   2. (E) A statement by the purchaser under penalty of perjury that the device will be used only for lawful purposes.