1 MISSOURI GAMING COMMISSION

2 PUBLIC MEETING

3 SEPTEMBER 26, 2001

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6 Maryland Heights Community Center

2344 McKelvey Road

7 Maryland Heights, Missouri

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COMMISSION MEMBERS

11 L. G. Ullery, Chairman

Robert Smith, Vice Chairman

12 Lynne R. Nikolaisen, Secretary

Dr. Muriel W. Battle

13 J. Joe Adorjan

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1 CHAIRMAN ULLERY: Ladies and gentleman,

2 we'll call the meeting to order, please. Angie, if you

3 could call the role, please?

4 MS. FRANKS: Chairman Ullery?

5 CHAIRMAN ULLERY: Present.

6 MS. FRANKS: Commissioner Smith?

7 COMMISSIONER SMITH: Present.

8 MS. FRANKS: Commissioner Nikolaisen?

9 COMMISSIONER NIKOLAISEN: Present.

10 MS. FRANKS: Commissioner Battle?

11 COMMISSIONER BATTLE: Present.

12 MS. FRANKS: Commissioner Adorjan?

13 COMMISSIONER ADORJAN: Present.

14 CHAIRMAN ULLERY: We're all present. Mr.

15 Director?

16 DIRECTOR MULLALLY: Mr. Chairman, with your

17 permission, before we get into the stated agenda, I'd

18 like to make a couple of acknowledgements. First, I'd

19 like to thank Angie Franks and Donna Watson. They were

20 here at 6:30 this morning. There was an event in this

21 room last night that lasted late in the evening. So

22 they were here very early to make these very nice

23 arrangements for us, and I appreciate that.

24 Also, I'd like to acknowledge that today is

25 Yom Kippur, and despite the intense interest in this

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1 agenda item on the eve of Yom Kippur, I'm hopeful that

2 we will be done before nightfall.

3 CHAIRMAN ULLERY: Mr. Director, we shall be

4 done before nightfall.

5 DIRECTOR MULLALLY: And finally, I'd like to

6 acknowledge some of our friends and coworkers and

7 agents with the Missouri State Highway Patrol. In the

8 wake of the tragedy in New York, the Kansas City

9 Airport Police contacted our office and asked for the

10 assistance of officers.

11 Twelve of our officers responded over a

12 three-day period. They responded within two hours of

13 the calls, and the officers assisted in managing

14 security issues of the highest magnitude and were

15 instrumental in restoring operations at KCI. I think

16 they deserve our acknowledgement and thanks. It's

17 really a great effort on their part.

18 CHAIRMAN ULLERY: Kevin, I come from that

19 background so I'd like to make a short statement. It

20 always makes me proud, and I really and truly

21 appreciate your remarks. Many, many times deeds that

22 whoever is doing go without a thanks. So I know that's

23 appreciated. My thanks to you.

24 DIRECTOR MULLALLY: The first item on the

25 agenda is the consideration of the June 27, 2001

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1 meeting minutes which are under Tab A in your meeting

2 book.

3 CHAIRMAN ULLERY: Do we have any comments,

4 so on and so forth?

5 COMMISSIONER SMITH: A trivial comment, I

6 wondered if sergeant is spelled right.

7 CHAIRMAN ULLERY: What page?

8 COMMISSIONER SMITH: Page 17.

9 CHAIRMAN ULLERY: Mr. Vice Chairman, you put

10 me on the spot. I never was good at spelling anyway.

11 COMMISSIONER SMITH: Would whoever look in

12 the dictionary and make sure that's right? I move that

13 it be approved otherwise.

14 COMMISSIONER NIKOLAISEN: I'll second.

15 CHAIRMAN ULLERY: I'm not going to accept

16 the motion and the second now because I have a trivial

17 correction also. Maybe it's trivial and maybe, it's

18 not. It's on page 16. Start with line 16, 17 and 18

19 and 19, we had a motion, and I made mention that we had

20 a motion and a second. I don't see a second in that.

21 So maybe it should be there. Anyway, we

22 voted on it with just a motion as far as the notes are

23 concerned from the minutes of the meeting. There is no

24 second. Does anybody remember who the second was on

25 it?

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1 DIRECTOR MULLALLY: Mr. Chairman, we will

2 have a backup. Angie keeps vote tally sheets for each

3 resolution. So there will be a paper backup to

4 supplement the record. So we can make that correction

5 based on the paper backup, if you so desire.

6 CHAIRMAN ULLERY: Okay. With that in mind,

7 that the correction be made, do I still have a motion?

8 COMMISSIONER SMITH: Yes.

9 CHAIRMAN ULLERY: Do I have a second?

10 COMMISSIONER NIKOLAISEN: Second.

11 CHAIRMAN ULLERY: I have a second. Call the

12 role, Angie.

13 MS. FRANKS: Chairman Ullery?

14 CHAIRMAN ULLERY: In favor.

15 MS. FRANKS: Commissioner Smith?

16 COMMISSIONER SMITH: In favor.

17 MS. FRANKS: Commissioner Nikolaisen?

18 COMMISSIONER NIKOLAISEN: In favor.

19 MS. FRANKS: Commissioner Battle?

20 COMMISSIONER BATTLE: In favor.

21 MS. FRANKS: Commissioner Adorjan?

22 COMMISSION ADORJAN: In favor.

23 MS. FRANKS: By your vote, you've adopted

24 the minutes of the June 27, 2001 meeting minutes as

25 amended.

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1 DIRECTOR MULLALLY: Mr. Chairman,

2 Commissioners, the next item on the agenda is the

3 consideration of a bingo settle agreement, and Mike

4 Bradley, Assistant Attorney General, will make the

5 presentation for the staff. The materials are under

6 Tab B.

7 MR. BRADLEY: What you have is a settlement

8 on Potosi Elks Lodge. This is one of the settlements

9 that the staff has been working on, whereby the staff

10 is working with the various organizations and others to

11 try to resolve these cases before they actually get

12 into a formal hearing process.

13 After the staff reviews it and makes a

14 settlement with the organization, then they send it

15 over to our office, and we send it to the AHC for

16 approval. The matter has been approved, and now it is

17 before you for your approval.

18 This is basically a settlement for some

19 illegal gambling machines they had there. The

20 settlement would be for a period of one week per month

21 for six months. So, they'd get a six-month suspension,

22 a penalty of $2500, all of which would be paid from

23 non-bingo sources, and a probation for two years.

24 The settlement is in there, and if you have

25 any questions, I'd be happy to answer them.

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1 CHAIRMAN ULLERY: Do we have any comments or

2 discussion on Resolution 01-009-B?

3 COMMISSIONER NIKOLAISEN: I move for

4 approval of 01-009-B.

5 CHAIRMAN ULLERY: I have a motion.

6 COMMISSIONER ADORJAN: Second.

7 CHAIRMAN ULLERY: I have a second. Angie?

8 MS. FRANKS: Chairman Ullery?

9 CHAIRMAN ULLERY: In favor.

10 MS. FRANKS: Commissioner Smith?

11 COMMISSIONER SMITH: In favor.

12 MS. FRANKS: Commissioner Nikolaisen?

13 COMMISSIONER NIKOLAISEN: In favor.

14 MS. FRANKS: Commissioner Battle?

15 COMMISSIONER BATTLE: In favor.

16 MS. FRANKS: Commissioner Adorjan?

17 COMMISSIONER ADORJAN: In favor.

18 MS. FRANKS: By your vote, you've adopted

19 Resolution No. 01-009-B.

20 DIRECTOR MULLALLY: Mr. Chairman, the next

21 item on the agenda are three proposed amendments to the

22 bingo rules, and Ron Pleus will make the presentation.

23 MR. PLEUS: Good morning, Mr. Chairman,

24 Commissioners. I want to thank you and Kevin for

25 allowing us to go first. In your packets under Tab C,

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1 you'll find three proposed orders of rulemaking.

2 Briefly, each is proposed, written comments will be

3 evaluated, and a public hearing will be set.

4 I think the procedure we're following this

5 morning is I am to give a brief explanation of each

6 rule, you vote on each one singularly, and then if you

7 have any questions after I make a brief explanation,

8 I'll be happy to try to answer any questions you have.

9 The first one, 11 CSR 45-30.190, Rules of

10 Play, the purpose of the amendment is to clarify that

11 no bingo paper or pull tab sales may begin prior to

12 10:00 a.m. pursuant to Section 313.040.14. Section 313.040.14

13 prohibits the conduct of bingo between the hours of

14 12:00 midnight and 10:00 a.m. Basically, the change to