Grounds for disciplinary action
Arkansas Constitution, Amendment 100, sec. 4
- (a) The Arkansas Racing Commission may deem any activity on the part of any licensee or the licensee’s agents or employees that is inimical to the public health, safety, morals, good order, and general welfare of the people of the State of Arkansas, or that would reflect or tend to reflect discredit upon the State of Arkansas or the gaming industry, to be an unsuitable method of operation and shall be grounds for disciplinary action by the commission in accordance with The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100, and the rules of the commission.
(b) Without limiting the generality of the foregoing, the following acts or omissions may be determined to be unsuitable methods of operation:
- (1) Failure to exercise discretion and sound judgment to prevent incidents which might reflect on the repute of the State of Arkansas and act as a detriment to the development of the industry;
- (2) Permitting persons who are visibly impaired by alcohol or any other drug to participate in gaming activity;
- (3) Complimentary service of intoxicating beverages in the casino area to persons who are visibly impaired by alcohol or any other drug;
- (4) Failure to conduct advertising and public relations activities in accordance with decency, dignity, good taste, honesty, and inoffensiveness, including, but not limited to, advertising that is false or materially misleading;
- (5) Catering to, assisting, employing, or associating with, either socially or in business affairs, persons of notorious or unsavory reputation or who have extensive police records, or persons who have defied congressional investigative committees, or other officially constituted bodies acting on behalf of the United States, or any state, or persons who are associated with or support subversive movements, or the employing either directly or through a contract, or any other means, of any firm or individual in any capacity where the repute of the State of Arkansas or the gaming industry is liable to be damaged because of the unsuitability of the firm or individual or because of the unethical methods of operation of the firm or individual;
- (6) Employing in a position for which the individual could be required to be licensed as a key employee pursuant to the provisions of this part, any person who has been denied a state casino license on the grounds of unsuitability or who has failed or refused to apply for licensing as a key employee when so requested by the commission;
- (7) Employing in any gaming operation any person whom the commission or any court has found guilty of cheating or using any improper device in connection with any game, whether as a licensee, dealer, or player at a licensed game or device, as well as any person whose conduct of a licensed game as a dealer or other employee of a licensee resulted in revocation or suspension of the license of such licensee;
(8)
- (A) Failure to comply with or make provision for compliance with all federal, state, and local laws and rules and with all commission-approved conditions and limitations pertaining to the operations of a licensed establishment including, without limiting, the generality of the foregoing, payment of all license fees, withholding any payroll taxes, liquor and entertainment taxes, and antitrust and monopoly statutes.
- (B)
(i) The commission in the exercise of its sound discretion can make its own determination of whether or not the licensee has failed to comply with the aforementioned, but any such determination shall make use of the established precedents in interpreting the language of the applicable statutes.
- (ii) Nothing in this section shall be deemed to affect any right to judicial review;
- (9) Possessing or permitting to remain in or upon any licensed premises any cards, dice, mechanical device, or any other cheating device whatever, the use of which is prohibited by statute or ordinance;
- (10) Conducting, carrying on, operating, or dealing any cheating or thieving game or device on the premises, either knowingly or unknowingly, which may have in any manner been marked, tampered with, or otherwise placed in a condition, or operated in a manner, which tends to deceive the public or which might make the game more liable to win or lose, or which tends to alter the normal random selection of criteria which determine the results of the game;
- (11) Failure to conduct gaming operations in accordance with proper standards of custom, decorum, and decency, or permit any type of conduct in the gaming establishment which reflects or tends to reflect on the repute of the State of Arkansas and act as a detriment to the gaming industry;
(12) Whenever a licensed game or a slot machine, as defined in Amendment 100, is available for play by the public:
- (A) At a casino location, failure to have an employee of the licensee present on the premises to supervise the operation of the game or machine; or
- (B) At a restricted location, failure to have a responsible person who is at least twenty-one (21) years of age present on the premises to supervise the operation of the game or machine;
- (13) Except as provided in this part and except as to transfers of interest under this part, the sale or assignment of any gaming credit instrument by a licensee, unless the sale is to a publicly traded or other bona fide financial institution pursuant to a written contract, and the transaction and the terms of the contract, including but not limited to the discount rate, are reported to the commission for approval pursuant to this part;
(14)
- (A) Issuing credit to a patron to enable the patron to satisfy a debt owed to another licensee or person, including an affiliate of the licensee.
- (B) This subdivision shall not prohibit a licensee from collecting a debt owed to an affiliate of the licensee; or
- (15) Denying any commission member or agent, upon proper and lawful demand, access to or inspection or disclosure of any portion or aspect of a gaming establishment as authorized by applicable statutes and rules.