Mississippi Gaming Control Act

Mississippi · Regulation of Trade, Commerce and Investments · §§ 75-76-1 to 75-76-99 · 152 sections

Overview

The act establishes the framework for regulating legal gambling, declaring the state's public policy toward the industry and treating a license or approval to operate as a revocable privilege rather than a vested right. Administration rests with a gaming board and a gaming commission, supported by officers such as a chair, an executive director, and hearing examiners, which license and oversee the operators, employees, equipment, and premises involved in wagering. Much of the act is definitional, fixing the meaning of terms such as gaming device, banking game, cashless wagering system, gross revenue, credit instrument, and gaming enterprise district, so that licensing, taxation, and the permissible location of gaming operations all turn on a uniform vocabulary.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 112 court decisions.

Most-cited authority: 751 So. 2d 1025 - MS GAMING COM'N v. Imperial Palace of Mississippi, Inc.

Sections covered

Miss. Code Ann. § 75-76-1Short title14 cites
Miss. Code Ann. § 75-76-101Use of chips, tokens, etc. or legal tender required for all gaming; physical presence of patrons on licensed premises required for participation
Miss. Code Ann. § 75-76-103Reasons for investigations by executive director; complaint by executive director; commission to appoint hearing examiner; review by commission; order of commission; automatic revocation of license or finding of suitability upon felony conviction3 cites
Miss. Code Ann. § 75-76-105Emergency orders of commission
Miss. Code Ann. § 75-76-107Requirements of complaint; service of complaint upon respondent; answer of respondent; failure to answer or appear; time and place of hearing; notice
Miss. Code Ann. § 75-76-109Issuance of subpoenas for hearing; witness fees, mileage and expenses; payment of costs; depositions
Miss. Code Ann. § 75-76-11Executive director to furnish services and equipment to commission; costs
Miss. Code Ann. § 75-76-111Proceedings at hearing before hearing examiner; rules relating to evidence and witnesses; official notice of certain information; affidavits1 cite
Miss. Code Ann. § 75-76-113Stenographic or phonographic report of hearings required
Miss. Code Ann. § 75-76-115Amended or supplemental pleadings authorized
Miss. Code Ann. § 75-76-117Contempt of hearing
Miss. Code Ann. § 75-76-119Written decisions and recommendation of hearing examiner; review of decision and recommendation by commission; decision or order of commission2 cites
Miss. Code Ann. § 75-76-121Circuit court review of decision or order of commission; enforcement of decision or order not stayed5 cites
Miss. Code Ann. § 75-76-123Record on review; filing with reviewing court
Miss. Code Ann. § 75-76-125Motion requesting taking of additional evidence by commission; modification of decision or order by commission; standard of review; grounds for reversing decision or order of commission5 cites
Miss. Code Ann. § 75-76-127Supreme Court review of circuit court decision; availability of judicial review of particular decisions or orders of commission; availability of writs or equitable proceedings3 cites
Miss. Code Ann. § 75-76-129Deposit of taxes, fees, interest, etc. into General Fund
Miss. Code Ann. § 75-76-129.1Deposit of taxes, fees, interest, etc. into General Fund
Miss. Code Ann. § 75-76-13Meetings of commission; quorum requirements
Miss. Code Ann. § 75-76-131Executive Director to maintain records on all gaming employees; work permits for gaming employees; denial; appeals; confidentiality of records; expiration of permit; notice
Miss. Code Ann. § 75-76-133Communication or document of applicant or licensee absolutely privileged; privileged not waived; disclosure of privileged information prohibited
Miss. Code Ann. § 75-76-135Summary suspension of work permit
Miss. Code Ann. § 75-76-137Revocation of work permit; grounds; issuance of work permit to person whose permit was revoked or not renewed; judicial review of revocation
Miss. Code Ann. § 75-76-139Applicants to make full and true disclosure of all information
Miss. Code Ann. § 75-76-141Confidentiality of information relating to termination of gaming employee; exceptions
Miss. Code Ann. § 75-76-143Provision regarding responsibility for fees and taxes required in certain contracts
Miss. Code Ann. § 75-76-145Civil actions to restrain violations of Gaming Control Act
Miss. Code Ann. § 75-76-147Proceedings or actions to enforce provisions of Gaming Control Act and Section 97-19-55 under certain circumstances; referral of matter to district attorney or Attorney General
Miss. Code Ann. § 75-76-149Penalty for possession of device, equipment or material manufactured, sold or distributed in violation of Gaming Control Act
Miss. Code Ann. § 75-76-15Gaming Commission to appoint executive director; eligibility; qualifications; salary1 cite
Miss. Code Ann. § 75-76-151Law enforcement divisions to furnish all information obtained during investigation or prosecution of violations of laws related to gaming
Miss. Code Ann. § 75-76-153Motion for release of confidential information
Miss. Code Ann. § 75-76-155Age requirement for patrons and gaming employees; penalties for violations; belief as to person’s age no excuse
Miss. Code Ann. § 75-76-157Gaming debts not evidenced by credit instrument not enforceable; resolution of certain claims or disputes between licensee and patron associated with promotional activities3 cites
Miss. Code Ann. § 75-76-159Resolution of claim by patron for payment of gaming debt not evidenced by credit instrument; investigation and decision of executive director6 cites
Miss. Code Ann. § 75-76-161Resolution of claim by patron; appeal of decision of executive director to commission; hearing4 cites
Miss. Code Ann. § 75-76-163Resolution of claim by patron; burden of proof at hearing; decision of hearing examiner1 cite
Miss. Code Ann. § 75-76-165Resolution of claim by patron; payment of claim; deposit of amount of claim upon judicial appeal by licensee; withdraw by licensee of amount deposited2 cites
Miss. Code Ann. § 75-76-167Resolution of claim by patron; judicial review of decision of commission; petition for review4 cites
Miss. Code Ann. § 75-76-169Resolution of claim by patron; judicial review; record on review
Miss. Code Ann. § 75-76-17Enforcement Division and Investigation Division created; authority of executive director to create additional divisions; division directors2 cites
Miss. Code Ann. § 75-76-171Resolution of claim by patron; judicial review; taking of additional evidence; standard of review; grounds for reversal of decision of commission9 cites
Miss. Code Ann. § 75-76-173Resolution of claim by patron; judicial review; appeal to Supreme Court of decision of circuit court; judicial review provided as exclusive method of review; costs of record on review4 cites
Miss. Code Ann. § 75-76-175Acceptance of credit instruments by licenses1 cite
Miss. Code Ann. § 75-76-177License fee based on gross revenues of licensee; penalty for failure to pay fee1 cite
Miss. Code Ann. § 75-76-179Income tax credit for license fees paid1 cite
Miss. Code Ann. § 75-76-181Face value of credit instrument included in computation of gross revenue; exceptions; cash received in payment of debt not included in gross revenue
Miss. Code Ann. § 75-76-183Application fee and annual license fee for license to conduct gaming aboard cruise vessel
Miss. Code Ann. § 75-76-185Imposition of fee based on value of unpaid collectible credit instruments
Miss. Code Ann. § 75-76-187Continuing operations and transfer of license; credit for prepaid license fees
Miss. Code Ann. § 75-76-189Penalty for failing to pay or evading payment of license fees
Miss. Code Ann. § 75-76-19Files and records to be maintained by executive director; confidentiality of information; commission to report to legislature
Miss. Code Ann. § 75-76-191Additional license fee imposed on applicants for state gaming license based on number of games operated
Miss. Code Ann. § 75-76-193Calculation of gross revenues; certain expenses not deductible
Miss. Code Ann. § 75-76-195License fee based on gross revenues of licensee imposed by municipalities and counties; penalty for failure to pay fee1 cite
Miss. Code Ann. § 75-76-197Distribution of fees collected under provisions of section 75-76-1951 cite
Miss. Code Ann. § 75-76-199Issuance of gaming licenses to corporations, limited partnerships, holding companies or intermediary companies or publicly traded corporations; definitions applicable to Sections 75-76-199 through 75-76-265
Miss. Code Ann. § 75-76-201State policy with respect to issuance of gaming license to corporations; waiver of requirements
Miss. Code Ann. § 75-76-203Eligibility requirements for corporations
Miss. Code Ann. § 75-76-205Additional requirements for corporations
Miss. Code Ann. § 75-76-207Approval of commission required for any disposition of securities of licensed corporation; finding of unsuitability of individual owner of security; effect of finding of unsuitability; certificate evidencing security to bear statement of restrictions
Miss. Code Ann. § 75-76-209Information required of corporations applying for gaming license
Miss. Code Ann. § 75-76-21Power of executive director in pursuit of attainment of objectives and purposes of Gaming Control Act; costs of administration; authority to employ employees1 cite
Miss. Code Ann. § 75-76-211Officers and directors of corporation required to be licensed; other persons required to be licensed
Miss. Code Ann. § 75-76-213Report of proposed issuance or transfer of corporate securities; report of change in corporate officers and directors; approval of commission
Miss. Code Ann. § 75-76-215Report of changes in corporate key executives; furnishing annual profit and loss statement, balance sheet and federal income return
Miss. Code Ann. § 75-76-217Failure of corporate employee to obtain or retain license; notice of new employee replacing terminated employee
Miss. Code Ann. § 75-76-219State policy with respect to issuance of gaming licenses to limited partnerships; waiver of requirements
Miss. Code Ann. § 75-76-221Eligibility requirements for limited partnerships
Miss. Code Ann. § 75-76-223Approval of commission required for any disposition of any interest in licensed limited partnerships; finding of unsuitability of individual to hold interest; effect of finding of unsuitability; certificate of limited partnership to bear statement of restrictions
Miss. Code Ann. § 75-76-225Information required of limited partnership applying for gaming license
Miss. Code Ann. § 75-76-227Partners of limited partnership required to be licensed; other persons required to be licensed
Miss. Code Ann. § 75-76-229Report of changes in limited partnership key executives; furnishing annual profit and loss statement, balance sheet and federal income tax return
Miss. Code Ann. § 75-76-23Duties of executive director with respect to directing and supervising administrative and technical activities of commission
Miss. Code Ann. § 75-76-231Failure of employee of limited partnership to obtain or retain license; notice of new employee replacing terminating employee
Miss. Code Ann. § 75-76-233Holding companies and intermediary companies; application of sections 75-76-235 through 75-76-241
Miss. Code Ann. § 75-76-235Requirements of holding companies and intermediary companies having subsidiary with gaming license; investigations; findings of unsuitability; certificate evidencing security in company to bear statement of restrictions; approval required for public offering of securities; additional requirements
Miss. Code Ann. § 75-76-237Officers, directors, etc. of holding company or intermediary company required to be found suitable; licensing requirements; failure to obtain or maintain suitability finding or license
Miss. Code Ann. § 75-76-239Information required of holding company and intermediary company
Miss. Code Ann. § 75-76-241Penalties for failure of corporate or limited partnership licensee or holding company or intermediary company to comply with laws and regulations
Miss. Code Ann. § 75-76-243Legislative declarations with respect to corporate acquisitions, repurchases of securities and corporate defense tactics
Miss. Code Ann. § 75-76-245State policy with respect to corporate acquisitions; repurchases of securities and corporate recapitalizations
Miss. Code Ann. § 75-76-247Regulations for review and approval of corporate acquisitions, repurchase of securities and corporate defense tactics
Miss. Code Ann. § 75-76-249Exemptions for publicly traded corporations; application of alternative provisions
Miss. Code Ann. § 75-76-25Attorney General to represent and advise commission and executive director
Miss. Code Ann. § 75-76-251Application of foreign corporation to register as publicly traded corporation; investigation by executive director; cost of investigation
Miss. Code Ann. § 75-76-253Considerations in determining whether to recommend application to register as publicly traded corporation; hearing before executive director not required
Miss. Code Ann. § 75-76-255Requirements of publicly traded corporation owning or controlling licensed corporation, limited partnership or holding company
Miss. Code Ann. § 75-76-257Officers, directors and employees of publicly traded corporations subject to findings of suitability and licensing; failure to obtain or maintain suitability or license
Miss. Code Ann. § 75-76-259Information required from publicly traded corporations; alternative information required of publicly traded foreign corporations
Miss. Code Ann. § 75-76-261Failure of publicly traded corporation or its subsidiary corporation or limited partnership to comply with laws and regulations
Miss. Code Ann. § 75-76-263Certain persons controlling ownership interest in publicly traded corporation subject to finding of suitability; reports required to be filed with commission
Miss. Code Ann. § 75-76-265Effect of failure of person connected with corporate licensee, holding company or intermediary company to obtain or maintain finding of suitability or license
Miss. Code Ann. § 75-76-267Penalties for violation of Gaming Control Act
Miss. Code Ann. § 75-76-269Foreign gaming; definitions applicable to Sections 75-76-271 through 75-76-277
Miss. Code Ann. § 75-76-27Provisions of Gaming Control Act to be administered for protection of public and in public interest; powers of executive director relative to licensing; powers of commission and executive director with respect to issuance of subpoenas and compelling testimony; power to appoint hearing examiners1 cite
Miss. Code Ann. § 75-76-271Approval required for involvement of licensee in foreign gaming; exceptions
Miss. Code Ann. § 75-76-273Application for approval to participate in foreign gaming
Miss. Code Ann. § 75-76-275Factors to be considered in decision to grant or deny approval to conduct foreign gaming operations; imposition of conditions of approval
Miss. Code Ann. § 75-76-277Penalty for continued participation in foreign gaming operations after termination of approval
Miss. Code Ann. § 75-76-279Temporary exemption of cruise vessel or vessel licensed under Gaming Control Act from ad valorem taxes; Department of Revenue to recommend method of taxing cruise vessels and vessels
Miss. Code Ann. § 75-76-28Powers, duties and responsibilities of commission with respect to Charitable Bingo Law
Miss. Code Ann. § 75-76-281Officials not to derive benefit as result of duties under Gaming Control Act; penalties
Miss. Code Ann. § 75-76-29Executive director to investigate applicants and licensees; authority to make recommendations concerning applicants and licensees; authority of commission with respect to licenses; licenses as revocable privilege; finality of decision of commission2 cites
Miss. Code Ann. § 75-76-3Construction of Gaming Control Act; legislative findings and declarations7 cites
Miss. Code Ann. § 75-76-301Particular unlawful activities3 cites
Miss. Code Ann. § 75-76-303Use or possession of certain devices at gaming establishment prohibited
Miss. Code Ann. § 75-76-305Use or manufacture of slugs or counterfeit chips or tokens prohibited; possession of certain devices prohibited
Miss. Code Ann. § 75-76-307Cheating prohibited
Miss. Code Ann. § 75-76-309Manufacture, sale or distribution of gaming materials intended for illegal use prohibited; altering equipment prohibited; instructing others in cheating prohibited
Miss. Code Ann. § 75-76-31Right of commission and executive director to refuse to reveal identity of informants and information obtained
Miss. Code Ann. § 75-76-311Additional penalties for violating Sections 75-76-301 through 75-76-313
Miss. Code Ann. § 75-76-313Questioning of person suspected of violating gaming provisions; immunity from suit for questioning
Miss. Code Ann. § 75-76-325Mississippi Gaming Commission Fund created; use of funds; funding of agency expenses; deposit of monies into State General Fund
Miss. Code Ann. § 75-76-33Authority of commission to adopt, amend or repeal regulations; particular regulations specified; compliance with regulation prohibiting wagers by individuals, entities or groups not present; funding of agency expenses; deposit of monies into State General Fund3 cites
Miss. Code Ann. § 75-76-34Regulation of schools and training institutions that teach or train gaming employees; allow gaming management courses to be taught at institutions of higher learning and community colleges
Miss. Code Ann. § 75-76-35Exclusion or ejection of certain persons from gaming establishments
Miss. Code Ann. § 75-76-37Notice to persons excluded or ejected; notice to all gaming licensees
Miss. Code Ann. § 75-76-39Hearing on exclusion or ejection
Miss. Code Ann. § 75-76-41Penalties for failure to exclude or eject persons required to be excluded or ejected
Miss. Code Ann. § 75-76-43Penalty for person excluded or ejected who enters licensed gaming establishment
Miss. Code Ann. § 75-76-45Minimum procedures for licensees to adopt to exercise control over internal fiscal affairs of licensees
Miss. Code Ann. § 75-76-47Financial reports required from licensees
Miss. Code Ann. § 75-76-49Audits of financial statements of licensees; costs of audits
Miss. Code Ann. § 75-76-5Definitions13 cites
Miss. Code Ann. § 75-76-51Commission to adopt regulations prescribing manner of computing and reporting winnings, compensation and gross revenues
Miss. Code Ann. § 75-76-53Powers of commission relative to sale of securities of licensees
Miss. Code Ann. § 75-76-55Acts prohibited of owners, licensees or employees without first obtaining gaming license1 cite
Miss. Code Ann. § 75-76-57Prohibited acts; exceptions; exemption of holding company from licensing requirements; information required for exceptions; persons subject to suitability finding and licensing requirements; licensees prohibited from contracting with persons found unsuitable
Miss. Code Ann. § 75-76-59Declaration of exemption from federal laws prohibiting gaming devices1 cite
Miss. Code Ann. § 75-76-61Persons with power to exercise influence over licensee required to be licensed; termination of agreements upon failure to obtain license
Miss. Code Ann. § 75-76-63Other persons subject to findings of suitability and licensing; termination of agreements upon finding of unsuitability or failure to obtain license
Miss. Code Ann. § 75-76-65Conducting tournaments or contests in which persons pay fee for privilege of participating for prizes
Miss. Code Ann. § 75-76-67Application for license or finding of suitability; qualifications; disqualifications; qualifications for license to operate gaming establishment; statements relevant to licensing or suitability finding absolutely privileged; licensing of corporations and limited partnerships
Miss. Code Ann. § 75-76-69Suitability finding and licensing when interest in gaming establishment made subject matter of revocable trust; filing of copy of trust instrument with executive director
Miss. Code Ann. § 75-76-7Mississippi Gaming Commission created; members of commission; qualifications4 cites
Miss. Code Ann. § 75-76-71Person denied gaming license or found unsuitable not entitled to profit from investment; divestiture of interests; enforcement
Miss. Code Ann. § 75-76-73Form of applications for gaming license or other commission action; supplemental forms
Miss. Code Ann. § 75-76-75Continuation of existing operations pending ruling on applications; executive director to investigate applicants; time for making recommendation on application; new application not barred by recommendation of denial of application
Miss. Code Ann. § 75-76-77Executive director to present recommendations to commission; commission action on recommendations; failure of commission to act; written decision required when application denied1 cite
Miss. Code Ann. § 75-76-79Unlawful to operate any form of manufacture, selling or distribution of gaming device without required licenses; exceptions; manufacturer’s or distributor’s licenses; application of Sections 75-76-199 through 75-76-265; effect of finding of unsuitability; license fees; findings of suitability; inspections of gaming devices and associated equipment; inspection fees
Miss. Code Ann. § 75-76-81Commissioner of Revenue of the Department of Revenue to collect all taxes, fees, penalties, etc.; due date of gross revenue fees; application of sales tax law; funding of agency expenses; deposit of monies into State General Fund
Miss. Code Ann. § 75-76-83Appeal of decision of Board of Tax Appeals
Miss. Code Ann. § 75-76-85Issuance of license; records; bond or security requirements; funding of agency expenses; deposit of monies into State General Fund
Miss. Code Ann. § 75-76-87Confidentiality of applications, returns and information; exceptions
Miss. Code Ann. § 75-76-89Merger of multiple licenses issued to same person; more than one licensed operation at single establishment prohibited; permission required to establish sports pool or race book on premises of licensed establishment1 cite
Miss. Code Ann. § 75-76-9Appointment of members; terms; chairman; vacancies; conflicts of interest; per diem
Miss. Code Ann. § 75-76-91Licenses to be posted by licensees; inspection by authorized state, county and municipal officials
Miss. Code Ann. § 75-76-93Continuation of licenses upon payment of fees, taxes and penalties; penalty for late payments; penalties for failure to pay fees
Miss. Code Ann. § 75-76-95Licensees to maintain current report on file with executive director; commission to review current report
Miss. Code Ann. § 75-76-97Unlawful to have any relationship with licensee with respect to gaming operation except in accordance with regulations
Miss. Code Ann. § 75-76-99Operating or maintaining gaming device not approved for testing or operation prohibited; list of approved devices; regulations

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