1

1 I N D E X

3 I. Call to Order

4 II. Consideration of Hearing Officer

5 Recommendations

6 A. Calen Chappell 8

7 1. Resolution No. 05-029

8 B. Ronald L. Smith 11

9 1. Resolution No. 05-030

10 C. Jason Wood 13

11 1. Resolution No. 05-031

12 D. Julian N. Gabriel 14

13 1. Resolution No. 05-032

14 E. Robert Costa 16

15 1. Resolution No. 05-033

16 F. Sonny Q. Miller 19

17 1. Resolution No. 05-034

18 G. Adam M. Wells 20

19 1. Resolution No. 05-035

20 H. Daniel Pazarin 10

21 1. Resolution No. 05-036

23 III. Consideration of Motions to Dismiss

24 I. Michael F. Barbato 22

25 1. Resolution No. 05-037

1 J. Michael Yurek 23

2 1. Resolution No. 05-038

3 K. Mannix Ross 25

4 1. Resolution No. 05-039

5 L. John Rigoni 27

6 1. Resolution No. 05-040

7 M. Cheryl Kichline 29

8 1. Resolution No. 05-041

10 IV. Consideration of Settlement Agreements

11 N. James Stevens 30, 77

12 1. Resolution No. 05-042

13 O. Brent Whitesell 30, 79

14 1. Resolution No. 05-043

15 P. Farmington Amvets 113 30

16 1. Resolution No. 05-005-B

17 Q. Farmington Auxiliary 113 30

18 1. Resolution No. 05-006-B

1 I N D E X (CONTINUED)

4 V. Consideration of Relicensure of Certain

5 Supplier

6 R. Gaming Partners International USA 37

7 1. Resolution No. 05-044

8 S. Tech Art Manufacturing, Inc. 37

9 1. Resolution No. 05-045

11 VI. Consideration of Licensure of Key/Level I

12 Applicants

13 T. Resolution No. 05-046 39

15 VII. Consideration of Design and Dockside

16 Approvals

17 U. Casino One Corporation 41

18 1. Resolution No. 05-047

20 VIII. Closed Session

22 IX. Adjournment

1 P R O C E E D I N G S

2 CHAIRMAN BARTCH: Are we ready to go,

3 Kevin?

4 MR. KEVIN MULLALLY: Yes. Yes, sir.

5 CHAIRMAN BARTCH: I'd like to call this

6 meeting to order, then, and would you please call the

7 roll.

8 MS. ANGIE FRANKS: Chairman Bartch?

9 CHAIRMAN BARTCH: Present.

10 MS. FRANKS: Commissioner Hinrichs?

11 COMMISSIONER HINRICHS: Present.

12 MS. FRANKS: Commissioner Jones?

13 COMMISSIONER JONES: Present.

14 MS. FRANKS: Commissioner Hartsfield?

15 COMMISSIONER HARTSFIELD: Present.

16 MS. FRANKS: Commissioner Biele?

17 COMMISSIONER BIELE: Present.

18 CHAIRMAN BARTCH: I'd like to take this

19 opportunity to introduce Darryl Jones. He's a new

20 member to the Commission. He's from St. Louis. He's

21 been involved in a lot of things and is still

22 involved in a lot of things in St. Louis, and we are

23 very lucky to have him.

24 He's a businessman. He's going to fit

25 in very well with this Commission, I believe, and a

1 very nice appointment by the Governor, and we

2 appreciate the Governor recognizing that and being so

3 prompt in what he did.

4 We also miss the judge. He was a great

5 member of this Commission and a very, very nice

6 gentleman, and when we're in Kansas City next month,

7 we're going to ask him to stop by and thank him for

8 what he did for us and the Commission and the State.

9 So, Mr. Jones, we're glad you're here.

10 COMMISSIONER JONES: Thank you.

11 CHAIRMAN BARTCH: Thank you, and we'll

12 get about business, unless you have something you'd

13 like to say.

14 COMMISSIONER JONES: Just thank you, and I

15 want to thank the other Commissioners and the guests out

16 here, and hopefully I can fill the shoes of the judge. I

17 know he's been a great person, according to you guys from

18 all the stories and everything, so hey, I'm here to do some

19 work.

20 CHAIRMAN BARTCH: Thank you.

21 MR. MULLALLY: All right. Welcome,

22 Commissioner.

23 Mr. Chairman, before we get into the

24 formal business, I would like to recognize some of

25 our staff and mention a letter that was given to us

1 by the Attorney General's Office. Jane Rackers

2 recently wrote us regarding eight cases that they had

3 set for hearing in St. Louis, and the assistance that

4 she received from members of our staff.

5 She said that each person that she

6 turned to for help was courteous, professional and

7 helpful and that it was a pleasure to work with them

8 on these cases. And she gave her commendation to the

9 following staff people: Angie Franks, my loyal

10 assistant; Donna Watson, our licensing manager, who

11 is just outside the room here; Mike Wiedemann, one of

12 our licensing technicians; Debi Gruenberg, who is

13 the -- operates the St. Louis office for us, manages

14 it for us; Sergeant Fred Howard with the Missouri

15 State Highway Patrol; and Sharon Patterson.

16 So I would like to thank these staff

17 people. It's always nice to hear. We know how good

18 they are internally. I am thankful every day for the

19 wonderful staff that we have, but it's always nice to

20 see them recognized externally as well.

21 So congratulations to those folks.

22 CHAIRMAN BARTCH: Thank you.

23 MR. MULLALLY: Mr. Chairman, the first

24 item on the agenda is a series of hearing officer

25 recommendations, and Hearing Officer Gary Jenkins is

1 here to make those presentations for you.

2 MR. GARY JENKINS: The first one is Calen

3 L. Chappell. Case No. -- our Case No. 04-180. Mr.

4 Chappell held a gaming -- Level II Occupational

5 Gaming License. He was arrested for stealing,

6 shoplifting in Buchanan County, and he plead guilty

7 to misdemeanor stealing and was given a suspended

8 imposition of sentence. He self-reported this

9 action.

10 His only defense was that he was

11 influenced by friends and he asked for a second

12 chance, and since Mr. Chappell is responsible for

13 counting money, I recommend that Chappell's Level II

14 gaming occupational license be revoked.

15 COMMISSIONER HARTSFIELD: Mr. Chairman,

16 I would move adoption of resolution 05-029.

17 MR. JENKINS: We need to give -- if

18 Mr. Chappell is here. I'm sorry.

19 COMMISSIONER HARTSFIELD: Oh, okay.

20 MR. MULLALLY: There is a letter in

21 your file from Mr. Chappell, and if he is here, we

22 certainly want to give him the opportunity to speak

23 on his behalf.

24 CHAIRMAN BARTCH: Is Mr. Chappell here?

25 (NO RESPONSE.)

1 CHAIRMAN BARTCH: Okay.

2 COMMISSIONER HARTSFIELD: Do you want

3 me to repeat my motion?

4 CHAIRMAN BARTCH: I think so.

5 COMMISSIONER HARTSFIELD: All right.

6 I'll repeat my motion.

7 Mr. Chairman, I move adoption of

8 Resolution 05-029.

9 COMMISSIONER HINRICHS: Second.

10 CHAIRMAN BARTCH: Is there any further

11 discussion?

12 (NO RESPONSE.)

13 CHAIRMAN BARTCH: If not, please call

14 the roll.

15 MS. FRANKS: Chairman Bartch?

16 CHAIRMAN BARTCH: Approve.

17 MS. FRANKS: Commissioner Hinrichs?

18 COMMISSIONER HINRICHS: Approve.

19 MS. FRANKS: Commissioner Biele?

20 COMMISSIONER BIELE: Approve.

21 MS. FRANKS: Commissioner Hartsfield?

22 COMMISSIONER HARTSFIELD: Approve.

23 MS. FRANKS: Commissioner Jones?

24 COMMISSIONER JONES: Approve.

25 MS. FRANKS: By your vote, you've

1 adopted Resolution No. 05-029.

2 MR. JENKINS: The second case I have

3 is Daniel Pazarin, Gaming Commission Case No. 04-521.

4 Mr. Pazarin was an applicant. The Gaming Commission

5 learned that Mr. Pazarin had failed to report a

6 burglary arrest in which he received a six-day

7 sentence for stealing --

8 COMMISSIONER HINRICHS: It's out of

9 order from what we have. But that's all right. We

10 can find them.

11 MR. JENKINS: He signed that he

12 understood that he had -- that all prior arrests must

13 be reported. I recommend that Mr. Pazarin's

14 application for a Level II Gaming Occupational

15 License be denied.

16 CHAIRMAN BARTCH: Any questions?

17 (NO RESPONSE.)

18 CHAIRMAN BARTCH: Is Mr. Pazarin

19 present or would he like to speak?

20 (NO RESPONSE.)

21 COMMISSIONER HINRICHS: I move that we

22 approve Commission Resolution No. 05-036.

23 COMMISSIONER HARTSFIELD: Second.

24 CHAIRMAN BARTCH: Any further

25 discussion?

1 (NO RESPONSE.)

2 CHAIRMAN BARTCH: If not, would you

3 please call the roll.

4 MS. FRANKS: Chairman Bartch?

5 CHAIRMAN BARTCH: Approve.

6 MS. FRANKS: Commissioner Hinrichs?

7 COMMISSIONER HINRICHS: Approve.

8 MS. FRANKS: Commissioner Biele?

9 COMMISSIONER BIELE: Approve.

10 MS. FRANKS: Commissioner Hartsfield?

11 COMMISSIONER HARTSFIELD: Approve.

12 MS. FRANKS: Commissioner Jones?

13 COMMISSIONER JONES: Approve.

14 MS. FRANKS: By your vote, you've

15 adopted Resolution No. 05-036.

16 CHAIRMAN BARTCH: Would you take Mr.

17 Smith next, and then if you have the list --

18 MR. JENKINS: I've got the --

19 CHAIRMAN BARTCH: It would be easier

20 for us to follow if you can do that.

21 MR. JENKINS: I had a different list

22 for some reason.

23 The next case I have is Ronald L.

24 Smith, Gaming Commission Case No. 04-504. Ronald L.

25 Smith was an applicant. The Gaming Commission learned that

1 Mr. Smith had been arrested for possession of cannabis,

2 stealing, and for battery and had failed to report those

3 arrests on his application.

4 He admitted that those records of

5 arrest were him, but he said he had a head injury

6 that caused memory loss, so he had forgotten about

7 those. It was noted in the evidence that the

8 stealing arrest was two years and nine months after

9 his head injury.

10 I recommend that Mr. Smith be denied a

11 Level II Occupational License.

12 CHAIRMAN BARTCH: Is Mr. Smith present?

13 (NO RESPONSE.)

14 COMMISSIONER HINRICHS: I would move to

15 approve Commission Resolution No. 05-030.

16 COMMISSIONER HARTSFIELD: Second.

17 CHAIRMAN BARTCH: Is there any further

18 discussion?

19 (NO RESPONSE.)

20 CHAIRMAN BARTCH: If not, please call

21 the roll.

22 MS. FRANKS: Chairman Bartch?

23 CHAIRMAN BARTCH: Approve.

24 MS. FRANKS: Commissioner Hinrichs?

25 COMMISSIONER HINRICHS: Approve.

1 MS. FRANKS: Commissioner Biele?

2 COMMISSIONER BIELE: Approve.

3 MS. FRANKS: Commissioner Hartsfield?