(a) As used in this section:

1. (1) “Applicant” means a person or entity having a pending application to become a licensee;
2. (2) “Commission” means the Arkansas Racing Commission or the commission’s designee;
3. (3) “Licensed establishment” means the establishment of a licensee; and

4. (4)

   1. (A) “Licensee” means a person or entity licensed to conduct a casino operation.
   2. (B) The term does not include a person or entity licensed as a holder of a security or other ownership interest in the operation, or as an officer, director, or key employee of the operation, or due to any other relationship or involvement with the operation.

(b)

1. (1) The commission shall adopt standards for the installation, maintenance, and operation of casino surveillance systems at all licensed establishments.
2. (2) The purposes of a casino surveillance system are to assist the licensee and the state in safeguarding the licensee’s assets, in deterring, detecting, and prosecuting criminal acts, and in maintaining public confidence and trust that licensed gaming is conducted honestly and free of criminal elements and activity.

(c) At least thirty (30) days before adopting any casino surveillance standards or revisions, the commission shall:

1. (1) Publish notice of the proposed adoption or revision, together with the effective date thereof, by posting the proposed change or revision on the commission’s website;
2. (2) Provide notice of the posting of the proposed casino surveillance standards or revisions on the commission’s website, together with the effective date thereof, to each licensee and every other person who has filed a request therefor with the commission; and
3. (3) Provide a copy of the proposed casino surveillance standards or revisions and the effective date to the commission.

(d)

1. (1) Any licensee may object to the proposed casino surveillance standards or revisions by filing a request for a review of the commission’s administrative decision.
2. (2) If any licensee files a request for review, then the effective date of the proposed casino surveillance standards or revisions will be stayed pending action by the commission.
3. (3) If no requests for review are filed with the commission, then the casino surveillance standards or revisions shall become effective on the date set by the commission.

(e)

1. (1) Any licensee may propose the repeal or revision of any existing casino surveillance standard or the adoption and approval of any new casino surveillance standard by submitting a request to the commission, who shall consider the request at the commission’s discretion.
2. (2) If such a request is approved by the commission, then the proposed repeal, revision, or adoption must be processed in accordance with subsections (c) and (d) of this section.
3. (3) If such a request is denied by the commission, then the licensee may file the request for a review as an administrative approval decision with the commission.

(f)

1. (1) Except as otherwise provided in subsections (h) and (i) of this section, each licensee shall install, maintain, and operate a casino surveillance system in accordance with the casino surveillance standards adopted by the commission.
2. (2) The failure of a licensee to comply with this section and the casino surveillance standards adopted by the commission or any variation to the casino surveillance standards approved pursuant to subsection (h) of this section is an unsuitable method of operation.

(g)

1. (1) Neither this section nor any casino surveillance standard adopted pursuant to it alters, amends, supersedes, or removes any condition of any licensee or approval imposed on any licensee by the commission.
2. (2) However, a licensee shall be deemed to have complied with a condition requiring the commission’s approval of a surveillance system if the licensee complies with subsection (f) of this section.

(h)

1. (1) Upon request and at the commission’s discretion, the commission may exempt a licensee from compliance with any casino surveillance standard.
2. (2) All requests for exemption must be in writing and state the reasons for the request and the alternative measures, if any, the licensee will undertake to accomplish the objectives of the casino surveillance standard.
3. (3) The licensee must comply with the casino surveillance standard while the request for exemption is pending.
4. (4) Any request for exemption that is not granted, in writing, within ninety (90) days after it is received by the commission will be deemed denied.