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BEFORE THE
5 STATE OF
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7
8
9 Meeting
July 25, 2007
10 10:00 a.m.
Central Office
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1 AGENDA
2 PAGE
3 I. Call to Order 4:2
4 II. Minutes
A. June 27, 2007 4:19
5
III. Consideration of Hearing Officer
6 Recommendations
B. Melody Kirsch
7 1. Resolution No. 07-051 6:3
C. Carnell S. Stevenson, Jr.
8 1. Resolution No. 07-052 11:23
D. Billy Hicks
9 1. Resolution No. 07-053 15:3
E. Ollina Boaz
10 1. Resolution No. 07-054 26:2
11 IV. Consideration of Relicensure of
Certain Suppliers
12 F. Midwest Game Supply Company
1. Resolution No. 07-055 32:12
13 G. Shuffle Master, Inc.
1. Resolution No. 07-056 32:12
14 H. WMS Gaming, Inc.
1. Resolution No. 07-057 32:12
15
V. Consideration of Licensure of Level I/
16 Key Applicants
I. Resolution No. 07-058 33:24
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VI. Consideration of Extension of
18 Liquor License
J.
Harrah's
19 1. Resolution No. 07-059 35:18
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1
BEFORE THE
2 STATE OF
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4
5
6 Meeting
July 25, 2007
7 10:00 a.m.
Central Office
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COMMISSION MEMBERS PRESENT:
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Noel J. Shull, Chairman
15 Darryl T. Jones
Samuel J. Hais
16 Larry W. Plunkett, Sr.
Suzanne Bradley (Via Telephonically)
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18
19
Reported by:
20 Patricia A. Stewart, RMR, RPR, CCR 401
22 (573) 636-7551
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24
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4
1 P R O C E E D I N G S
2 CHAIRMAN SHULL: Today Mrs. Bradley is going
3 to be with us by teleconferencing.
4 So if you'll call the roll, please.
5 MS. FRANKS: Chairman Shull.
6 CHAIRMAN SHULL: Present.
7 MS. FRANKS: Commissioner Jones.
8 COMMISSIONER JONES: Present.
9 MS. FRANKS: Commissioner Hais.
10 COMMISSIONER HAIS: Present.
11 MS. FRANKS: Commissioner Plunkett.
12 COMMISSIONER PLUNKETT: Present.
13 MS. FRANKS: Commissioner Bradley.
14 COMMISSIONER BRADLEY: Present.
15 Can you hear me?
16 CHAIRMAN SHULL: We can. Thank you,
17 Suzanne.
18 COMMISSIONER BRADLEY: Thank you.
19 CHAIRMAN SHULL: The first item will be
20 consideration of last month's minutes.
21 Are there any changes, additions or
22 deletions?
23 COMMISSIONER JONES: I'd like to make a
24 motion to approve the minutes of the June 27th, 2007
25 meeting.
5
1 COMMISSIONER PLUNKETT: I'll second that.
2 CHAIRMAN SHULL: Is there any further
3 discussion?
4 Call the roll, please.
5 MS. FRANKS: Chairman Shull.
6 CHAIRMAN SHULL: Approved.
7 MS. FRANKS: Commissioner Jones.
8 COMMISSIONER JONES: Approved.
9 MS. FRANKS: Commissioner Hais.
10 COMMISSIONER HAIS: Approved.
11 MS. FRANKS: Commissioner Plunkett.
12 COMMISSIONER PLUNKETT: Approved.
13 MS. FRANKS: Commissioner Bradley.
14 COMMISSIONER BRADLEY: Approved.
15 MS. FRANKS: By your vote you've adopted the
16 minutes of the June 27th, 2007 meeting.
17 CHAIRMAN SHULL: The next item is
18 Consideration of Hearing Officer Recommendations. I'm
19 going to turn it over to Mr. Hinckley.
20 MR. MCNARY: Mr. Chairman, members of the
21 Commission, good morning.
22 COMMISSIONERS: Good morning.
23 MR. MCNARY: General Counsel Chris Hinckley
24 will handle the matter concerning Melody Kirsch.
25 MR. HINCKLEY: Good, Mr. Chairman,
6
1 Commissioners.
2 COMMISSIONERS: Good morning.
3 MR. HINCKLEY: If you recall, the case
4 regarding Ms. Melody Kirsch, the Commission Resolution
5 07-051, was raised at last month's Commission meeting and
6 it was tabled. Ms. Kirsch appeared and requested the
7 matter to be tabled so that she may make inquiries into
8 getting legal representation and beginning the process of
9 possibly having her underlying felony conviction dismissed
10 by the court in which it took place.
11 I have not spoken to Ms. Kirsch since that
12 time. I understand, however, that she is present if the
13 Commissioners would like to make an inquiry.
14 CHAIRMAN SHULL: Ms. Kirsch.
15 MS. KIRSCH: Good morning. Thank you.
16 COMMISSIONERS: Good morning.
17 MS. KIRSCH: I have hired an attorney and
18 found that there will be no overturnment of the decision.
19 The prosecuting attorney, Jane Darst (phonetic sp.), said
20 that that is not a possibility, that she understands my
21 plight, but the suspended imposition of sentence means no
22 conviction.
23 Apparently I pled guilty to a felony crime
24 even though the crime that I committed was not a felony.
25 We were attempting to steal a case of beer. The charge
7
1 came out attempted stealing over 50.
2 I was 17 years old, did not have competent
3 counsel, and did not apparently research enough or know
4 what I was doing, signed, agreed that it was a felony,
5 because I was told that I would not have any problems the
6 rest of my life as long as I finished out my probation, no
7 felony conviction, and then here I am today after serving
8 nine years with a gaming license and enjoying my time with
9 the casino.
10 One of the gentlemen during one of my
11 interviews for my license asked me, said at that time,
12 what -- what changed you? What decided for you to have
13 judgment and go with the correct people? I became a
14 mother. I became a wife. I became interested in my
15 gaming career.
16 And I would ask that you consider today the
17 regulations that state I may be denied, which implies I
18 may not be denied.
19 That's just all it is.
20 CHAIRMAN SHULL: Are there any questions?
21 COMMISSIONER HAIS: Do we have a
22 recommendation from counsel?
23 MR. HINCKLEY: The underlying recommendation
24 of Mr. Stephen Stark, based upon the facts presented to
25 him at a hearing, was that the decision of the Commission
8
1 dated March 13th of 2006 would be affirmed and that the
2 denial of a license of Ms. Kirsch would be in effect upon
3 an order of the Commission. And that was due to the facts
4 as they existed then, which are the facts as they exist
5 today.
6 CHAIRMAN SHULL: Does the Commission have
7 any latitude in your opinion?
8 MR. HINCKLEY: What Ms. Kirsch referred to,
9 saying that persons committed -- they have been convicted
10 of felonies, that as a result the Commission may refuse an
11 occupational license, is somewhat correct.
12 However, there is another part of the
13 statute which says that a license shall not be granted to
14 an applicant that has pled guilty to or convicted of a
15 felony.
16 The part that she was talking about was the
17 Commission may refuse an occupational license when a
18 person has been convicted of a crime or has been found
19 guilty of, pled guilty to or pled nolo contendere to a
20 crime, including such findings or pleas in a suspended
21 imposition of sentence.
22 That is applicable to all cases of
23 misdemeanors and felonies, and it's for an applicant for a
24 gaming license.
25 The more controlling law here is the statute
9
1 that says that that occupational license shall not be
2 granted.
3 It was an oversight. Ms. Kirsch did tell
4 the Commission upon an initial application that she did
5 have this arrest and conviction. It was not noted that it
6 was a felony, most likely because she did not know.
7 However, there appears to be no discretion
8 where the Commission would be able to overrule or vary
9 from this law in this case.
10 COMMISSIONER HAIS: We'd be violating the
11 statute?
12 MR. HINCKLEY: Correct. There is a process
13 by which Ms. Kirsch could appeal the Commission's
14 decision, by appealing the Commission's decision to the
15 Western District Court of Appeals.
16 They would be just simply once again looking
17 at -- at this time looking at whether or not the
18 Commission had the power to make the decision that it did.
19 If Ms. Kirsch were to ask -- I don't know what the Court
20 of Appeals would do -- but to revisit the facts might be
21 an option. But, once again, it would be controlled by the
22 law.
23 COMMISSIONER HAIS: Are you saying that the
24 Court of Appeals have been known to revisit facts from
25 time to time?
10
1 MR. HINCKLEY: Believe it or not, Judge, I
2 think that's occurred.
3 COMMISSIONER HAIS: Okay.
4 CHAIRMAN SHULL: Are there other questions?
5 Is there a motion?
6 COMMISSIONER HAIS: Mr. Chairman, I would
7 move to approve the Resolution 06-500.
8 MR. HINCKLEY: I'm sorry. Resolution --
9 COMMISSIONER HAIS: I'm sorry. The
10 recommendation of the hearing officer denying the
11 occupational license of Ms. Kirsch.
12 COMMISSIONER PLUNKETT: I second that.
13 CHAIRMAN SHULL: Is there further
14 discussion?
15 COMMISSIONER HAIS: Well, let me just add to
16 it. I understand the equities of this, and I'm
17 sympathetic to it. And perhaps at one time Ms. Kirsch's
18 remedy might have been a suit in equity, when it was still
19 timely or some type of lawsuit against the gentleman or
20 lady who represented her, the attorney. I doubt that
21 either of those still exist as adequate remedies.
22 But I don't think this Commission has any
23 choice but to follow the law that we were sworn to follow,
24 harsh though it may be.
25 CHAIRMAN SHULL: Any further comments?
11
1 Call the roll.
2 MS. FRANKS: Commissioner Shull.
3 CHAIRMAN SHULL: Approved.
4 MS. FRANKS: Commissioner Jones.
5 COMMISSIONER JONES: Approved.
6 MS. FRANKS: Commissioner Hais.
7 COMMISSIONER HAIS: Approved.
8 MS. FRANKS: Commissioner Plunkett.
9 COMMISSIONER PLUNKETT: Approved.
10 MS. FRANKS: Commissioner Bradley.
11 COMMISSIONER BRADLEY: I'd like to say,
12 unfortunately, I must approve the resolution also, being I
13 agree with Commissioner Hais. I approve it.
14 MS. FRANKS: By your vote you've adopted
15 Resolution 07-051.
16 MR. MCNARY: Did you turn her volume up?
17 MS. MCCARTHY: I did.
18 MR. MCNARY: Thanks.
19 Mr. Chairman, the next item will be handled
20 by Hearing Officer Stephen Stark.
21 MR. STARK: Good morning, Commissioners.
22 COMMISSIONERS: Good morning.
23 MR. STARK: The first case for me is
24 Mr. Carnell Stevenson.
25 Mr. Stevenson made application for a
12
1 Level II occupational license with the Gaming Commission.
2 As part of that application process he had a duty to
3 reveal any type of criminal activity. He did disclose
4 three different incidents involving arrests.
5 As part of the application process, the
6 Gaming Commission does investigate, does their background
7 check, getting further records from the FBI and the
8 Highway Patrol.
9 And it was found out that Mr. Stevenson did
10 fail to reveal, failed to disclose on his application, two
11 items of a criminal record, one being a July 29th, 1990
12 arrest for robbery, second degree, and also a May 26th,
13 1994 assault, third degree, by the St. Louis Police
14 Department.
15 The Commission made a denial of his
16 application for his occupational license. Mr. Stevenson
17 requested the hearing. We did conduct the hearing.
18 The evidence clearly showed that there were
19 these two particular criminal activities of record
20 attributed to Mr. Stevenson.
21 Mr. Stevenson indicated that he did not
22 remember the incident with regard to the July 29th, 1990
23 robbery. As regards to the 1994 assault, he did remember
24 that as being a fight with his sister. His sister did not
25 press charges. He was not taken to the police station, so
13
1 he felt that he was not arrested and that was nothing for
2 him to disclose on his application.
3 However, the Commission application process
4 does go through great efforts to warn that the term
5 "arrest" is very expansive.
6 In fact, there are several different forms
7 in the application in which the applicant signs indicating
8 that they understand how the Gaming Commission is defining
9 arrest, and it includes detained, held, taken into custody
10 for questioning, whether or not there was any criminal
11 charges made.
12 And it also includes the idea that if there
13 is a conviction or arrest record, even if it's a closed
14 record or a record that has been expunged, that there is a
15 need to disclose that information as well.
16 After Mr. Stevenson did receive his denial
17 letter, he did go to the police department to confirm the
18 records, and the police department records did show him
19 that there was no record of conviction.
20 So there was a big discussion about closed
21 records, but, nevertheless, the warning in the application
22 process is that even closed records have to be disclosed
23 as part of the application process.
24 So, therefore, I conclude and my
25 recommendation is that Mr. Stevenson failed to meet his
14
1 burden of clear and convincing evidence that he would be
2 deemed suitable for licensure because of his failure to
3 disclose two past criminal incidents and, therefore, the
4 Commission's action to deny him his license should be
5 affirmed.
6 CHAIRMAN SHULL: Is Mr. Stevenson in the
7 audience and would he care to speak?
8 Are there any questions of Mr. Stark?
9 Is there a motion?
10 COMMISSIONER PLUNKETT: I make the motion we
11 approve Resolution 07-052.
12 COMMISSIONER JONES: Second.
13 CHAIRMAN SHULL: Further discussion?
14 Call the roll.
15 MS. FRANKS: Chairman Shull.
16 CHAIRMAN SHULL: Approved.
17 MS. FRANKS: Commissioner Jones.
18 COMMISSIONER JONES: Approved.
19 MS. FRANKS: Commissioner Hais.
20 COMMISSIONER HAIS: Approved.
21 MS. FRANKS: Commissioner Plunkett.
22 COMMISSIONER PLUNKETT: Approved.
23 MS. FRANKS: Commissioner Bradley.
24 COMMISSIONER BRADLEY: Approved.
25 MS. FRANKS: By your vote you've adopted
15
1 Resolution No. 07-052.
2 MR. STARK: Thank you.
3 The next case is the case of Billy Hicks.
4 Again, this is an application, failure to disclose past
5 criminal records.
6 Mr. Hicks made his application. He did
7 disclose some prior offenses, but after investigation,
8 after submission of the application, the Commission did
9 find two arrest records, one in 1981 in
10
11 arrest for receiving stolen property in January of 1997.
12 Mr. Hicks was a very credible witness. He
13 did indicate that the incident out in
14 basically he was in a crowd and a fight broke out.
15 Everybody was taken to the police station at that time.
16 It was something he just merely forgot about.
17 With regard to the second arrest with regard
18 to stolen property, Mr. Hicks was a manager of a furniture
19 store, and he explained that his assistant manager
20 actually was the recipient of the stolen property.
21 The law enforcement basically told him, if
22 you just return that property to the rightful owner, the
23 situation will be resolved completely. He did admit,
24 however, they did take him to the police station.
25 Based upon the regulatory authority of the
16
1 Commission, legal authority does exist for a denial of an
2 application -- denial of an application for licensure for
3 failure to disclose past criminal records, whether it was
4 forgotten, whether it was somebody else involved. Just a
5 mere arrest, questioning by the police, counts as
6 something that needs to be disclosed.
7 Mr. Hicks failed to disclose that among his
8 application and, therefore, my conclusion and
9 recommendation is that the Commission's decision to deny
10 Mr. Hicks' license is appropriate and should be affirmed.
11 CHAIRMAN SHULL: Are there any questions for
12 Mr. Stark?
13 Is Mr. Hicks in the audience and care to
14 speak?
15 Mr. Hinckley, do you have any comments
16 regarding this case?
17 MR. HINCKLEY: I believe that the two
18 arrests, one occurred in
19 in
20 criminal -- make a criminal background check inquiry with
21
22 criminal background check, which I believe was probably
23 the only way for him to make such a check.
24 They did both come back no records, and that
25 was -- and I agree with the hearing officer, that I did
17
1 find Mr. Hicks to be credible, and the documents did
2 support what he had done prior to filling out his
3 application.
4 CHAIRMAN SHULL: Does the Commission have
5 the latitude with regard to this case?
6 MR. HINCKLEY: Yes, the Commission does have
7 some latitude with regard to an applicant as these were
8 not felony convictions as I read to you before.
9 You may, not shall, deny the license.
10 CHAIRMAN SHULL: And you did find Mr. Hicks
11 to be a credible witness?
12 MR. HINCKLEY: I did.
13 CHAIRMAN SHULL: Are there any other
14 questions?
15 COMMISSIONER HAIS: How did the Commission's
16 investigation turn it up if it wasn't a matter of record
17 with municipal --
18 MR. STARK: My understanding is that the FBI
19 and the Highway Patrol, the
20 maintains all records; whereas, the local jurisdiction may
21 expunge records or close them for privacy concerns and,
22 therefore, not reveal it to anybody that walks in the
23 door.
24 So the database of the FBI and the Highway
25 Patrol is much more comprehensive and maintains everything
18
1 as opposed to having anything expunged from the record.
2 So with that, the Commission is able to access
3 that information, they've got it all basically.
4 MR. HINCKLEY: I guess to follow up, from
5 his position, I'm not sure that he could have entered that
6 and tracked it through the
7 It's not sure that the arrest will come up, and as a
8 result he mistakenly believed that, therefore, he did not
9 recall any arrests and that, therefore, no arrests took
10 place.
11 COMMISSIONER HAIS: And the disposition of
12 the stolen property case was that there was no
13 prosecution?
14 MR. STARK: That's my understanding.
15 He and his assistant manager were merely
16 taken to the police station, told to just return it to the
17 rightful owner and we'll forget about it.
18 But apparently the police officer made a
19 report, called it an arrest, submitted it into whatever
20 database there is that the FBI and Highway Patrol were
21 able to capture.
22 COMMISSIONER HAIS: The police officer
23 called it an arrest but they were not actually
24 incarcerated --
25 MR. STARK: That's my understanding.
19
1 COMMISSIONER HAIS: -- no bond made, none of
2 the formal --
3 MR. STARK: No.
4 COMMISSIONER HAIS: How about with the other
5 one?
6 MR. STARK: The
7 I don't think that actually came up, that he was taken to
8 the police station in a crowd, and I'm sure there was some
9 type of processing done, but I don't recall if there was
10 any overnight stay.
11 COMMISSIONER HAIS: Are there any other
12 details what this crowd was about?
13 MR. STARK: Not that I recall. It was just
14 a street --
15 COMMISSIONER HAIS: Was it inside of an
16 establishment, like a bar or something, or was it --
17 MR. STARK: I think it was after hours,
18 after the bar closed, probably.
19 COMMISSIONER HAIS: I see.
20 Is that based on what was in the written
21 report?
22 MR. STARK: That's my remembrance of his
23 explanation. I didn't write it in the report.
24 COMMISSIONER HAIS: Do you have it there,
25 Mr. Hinckley?
20
1 MR. HINCKLEY: I believe any explanation
2 would have been from Mr. Hicks in the transcript of the
3 hearing and that could be --
4 COMMISSIONER HAIS: There was no police
5 report that was generated as a result --
6 MR. HINCKLEY: Of the San Diego incident?
7 COMMISSIONER HAIS: -- of the altercation?
8 Yes.
9 MR. HINCKLEY: I did not see -- we did not
10 have -- we do not possess that, and Mr. Hicks did not
11 present a copy of such report.
12 It's likely that on that occasion in 1981 --
13 I'm sorry. He may have been arrested and printed on that
14 occasion more formally, let's say, than the county
15 incident.
16 COMMISSIONER HAIS: Is that a fact or is
17 that your supposition?
18 MR. HINCKLEY: It's my supposition, Judge.
19 COMMISSIONER HAIS: Based on anything that
20 would lead a person to suppose that?
21 MR. HINCKLEY: Excuse me.
22 COMMISSIONER HAIS: Sure. Take your time.
23 MR. HINCKLEY: My understanding is that if
24 you're printed, which is a formal booking process than
25 detention, and if the national search done by the FBI by
21
1 the -- through the Highway Patrol brings up the arrest,
2 then the person was fingerprinted.
3 And if you'd look on the criminal history
4 check, it appears that on the national check, the national
5 FBI check, that
only the
6 On the
7 criminal history record, it shows the '97 receiving stolen
8 property.
9 So the arrests appeared in two separate
10 different criminal background checks. The criteria for
11 appearing in each one would be somewhat different or the
12 same.
13 MR. MCNARY: Does our application speak to
14 having been processed --
15 MR. HINCKLEY: No --
16 MR. MCNARY: -- photographed or printed?
17 MR. HINCKLEY: No. The term "arrest" is
18 expansive. Detention would be -- would qualify for an
19 arrest.
20 COMMISSIONER HAIS: Does Mr. Hicks have a --
21 prior to '06 does he have a work history in the gaming
22 industry?
23 MR. HINCKLEY: I don't recall from the
24 hearing. It would usually be reflected on his license,
25 but I don't recall if he said that he had worked in the
22
1 industry prior to '06.
2 CHAIRMAN SHULL: And he's presently employed
3 at Harrah's? Is that --
4 MR. HINCKLEY: I believe so.
5 COMMISSIONER HAIS: And he was notified of
6 this hearing today?
7 MR. HINCKLEY: He was.
8 MS. FRANKS: Yes.
9 COMMISSIONER BRADLEY: I take it Mr. Hicks
10 is not present today?
11 CHAIRMAN SHULL: No, he isn't.
12 Are there any further comments?
13 MR. STARK: I was going to offer that at the
14 hearing Mr. Hicks explained that the 1990 -- or 1981
15 fight: Back in '81 I was in the military and my roommate
16 got in a fight, and I had blood on me when the police
17 showed up and it looked like I had done something. I was
18 there just like I'm here now. We all got arrested.
19 COMMISSIONER HAIS: My only problem with
20 this is that there are factors weighing on both sides, but
21 for a couple of problems I would be inclined to move that
22 it not be approved.
23 The problems I have are these, that, No. 1,
24 Mr. Hicks is not here today. And while that doesn't
25 necessarily in and of itself create an inference of any --
23
1 you know, any negative inference, it's not helpful to him,
2 I think, and does -- whether or not it creates an
3 inference in the law, it creates an inference in kind of
4 an informal feeling of a lack of interest in this.
5 Secondly, although the behaviors that are
6 evidenced in these arrests are not the kinds of things
7 that one would normally associate with the kind of person
8 who would definitely without any debate be considered to
9 be wrong for this industry, they're not the kinds of
10 things you forget typically.
11 I mean, I don't think the average person
12 would be involved in a bloody altercation and forget about
13 it, or the other one either for that matter.
14 So I'll just move that it be approved and
15 the Commission is free to do as it sees fit, as it always
16 does.
17 CHAIRMAN SHULL: It's been moved. Is there
18 a second?
19 COMMISSIONER PLUNKETT: I'll second.
20 CHAIRMAN SHULL: Is there further
21 discussion?
22 COMMISSIONER HAIS: Let me just say -- let
23 me just also add this one thing.
24 On the one hand -- it's always a balancing
25 act. And on the one hand there is the -- there is the
24
1 feeling that one's livelihood shouldn't be deprived to
2 that person because of some unfortunate and humanly
3 understandable error. I'm very sympathetic to that.
4 But on the other hand, again, he's not here
5 and we don't know why, and there are telephones and other
6 forms of communication if there were some emergency that
7 prevented him from being here.
8 And then secondly, the second point I
9 raised, while this isn't the kind of egregious conduct
10 that typifies a criminal nature, the gaming industry
11 deserves better, I think. The gaming industry deserves
12 people who are upstanding.
13 And it's already an industry that in the
14 minds of some uninformed people is suspect. That was
15 evidenced by the difficulty with which it was passed in
16 the first place.
17 So I think everything that this Commission
18 can do to ensure that the -- those who work in the
19 industry are upstanding is our responsibility. I'll leave
20 it with that.
21 CHAIRMAN SHULL: The only comment I have
22 about it, regarding it is, is that Mr. Hicks did attempt
23 to determine if these instances or arrests were
24 reported -- were reportable, and when he made the inquiry
25 and it came back, it's possible in my mind that he
25
1 thought, well, I'm relying on good information and,
2 therefore, I won't report it. And as you pointed out,
3 they are sort of iffy issues, so . . .
4 COMMISSIONER HAIS: I agree with that,
5 Mr. Chairman. And I would just add that my motion to
6 approve it should not be interpreted in any way to be
7 attempting to influence anyone else on the Commission, and
8 I think that there are -- this is a very, very tough one,
9 but the issue needs to be resolved and both sides need to
10 be flushed out, and I think that we did that.
11 However the Commission votes, I think it's
12 been fully explored.
13 CHAIRMAN SHULL: I agree.
14 Would you call the roll.
15 MS. FRANKS: Chairman Shull.
16 CHAIRMAN SHULL: Disapproved.
17 MS. FRANKS: Commissioner Jones.
18 COMMISSIONER JONES: Disapproved.
19 MS. FRANKS: Commissioner Hais.
20 COMMISSIONER HAIS: Approved.
21 MS. FRANKS: Commissioner Plunkett.
22 COMMISSIONER PLUNKETT: Approved.
23 MS. FRANKS: Commissioner Bradley.
24 COMMISSIONER BRADLEY: Approved.
25 MS. FRANKS: By your vote you've adopted
26
1 Resolution No. 07-053.
2 MR. STARK: Commissioners, the next case is
3 Ms. Ollina Boaz.
4 Ms. Boaz made application for an
5 occupational license. Again, going through the
6 application process, she did answer the question with
7 regard to any criminal past history, indicating that she
8 did have one offense, driving with a suspended license.
9 Again, the investigation by the Commission
10 was conducted and revealed an item that was not disclosed,
11 a May 3rd, 2005 arrest by the East St. Louis Police
12 Department for possession of the drug LSD. That failure
13 to disclose does constitute a basis for denying an
14 application.
15 Ms. Boaz at the hearing -- and I believe she
16 was very, very credible -- explained that she was with her
17 boyfriend. Her boyfriend was the one in possession of the
18 drugs. The police just brought both of them to the police
19 station.
20 The boyfriend was handcuffed but Ms. Boaz
21 was not handcuffed. She was interrogated at the police
22 station, but no charges were brought against her
23 individually but, rather, against her boyfriend.
24 So her thought process was that it was not
25 her crime but rather the boyfriend's crime and, therefore,
27
1 she did not reveal it on the application.
2 However, again, the application process
3 repeatedly indicates that arrest includes any questioning
4 by the police, detention by the police. So she had the
5 opportunity after discussions with the investigator, after
6 reading the application, to reveal this arrest in
7 conjunction with her boyfriend's arrest as part of the
8 application process. She failed to do that.
9 Grounds adequately exist for the Commission
10 to deny Ms. Boaz the license to work in the gaming
11 industry, and based upon the law and those facts, that
12 would be my recommendation, that the license be denied.
13 CHAIRMAN SHULL: Are there any questions for
14 Mr. Stark?
15 COMMISSIONER HAIS: Is there anything in
16 that report which indicates that she was free to leave?
17 MR. STARK: No.
18 COMMISSIONER HAIS: Nothing else.
19 CHAIRMAN SHULL: Is Ms. Boaz present and
20 would she care to speak?
21 Is there a motion?
22 COMMISSIONER PLUNKETT: I make a motion we
23 approve 07-054.
24 COMMISSIONER HAIS: Second.
25 CHAIRMAN SHULL: Is there further
28
1 discussion?
2 COMMISSIONER BRADLEY: Steve, I've got a
3 question.
4 Looking back at the testimony, just the fact
5 that when she stated that, you know, she did not think
6 that she was under arrest, is that within our parameters
7 that -- I mean, because she was not charged.
8 I mean, kind of like in the last two, is the
9 same kind of a thing. I'd kind of like a little -- maybe
10 someone could address that for me.
11 MR. STARK: Yes, Commissioner Bradley. The
12 Commission does have discretion with regard to this type
13 of case, failure to disclose information on the
14 application.
15 The regulation which is cited as Conclusion
16 of Law No. 3 in my recommendation is that the Commission
17 may refuse an occupational license to any person who fails
18 to disclose information called for in the application
19 process. So the word "may" does give discretion that the
20 application can be denied or be accepted.
21 COMMISSIONER BRADLEY: And also, further, as
22 I see in this -- in your findings of fact, this is the
23 only -- she had nothing else on her record. Is that
24 correct?
25 MR. STARK: That was not disclosed, that's
29
1 correct. She did have on her record, what she did
2 disclose, is the driving offense with the suspended
3 license. So just those two items, the one that was
4 disclosed and the one that was not disclosed.
5 COMMISSIONER BRADLEY: And has she been
6 working -- what's her -- anything else in the gaming
7 arena?
8 MR. STARK: I think at the time of the
9 hearing she was presently working. She had a temporary
10 license.
11 COMMISSIONER BRADLEY: Okay.
12 MR. STARK: But I don't know what her
13 history before that was.
14 COMMISSIONER BRADLEY: Is she working now?
15 MR. STARK: I don't know about now, today's
16 date, no.
17 COMMISSIONER BRADLEY: Okay.
18 Okay. Thank you.
19 CHAIRMAN SHULL: Are there any other
20 questions?
21 Is there a motion?
22 COMMISSIONER HAIS: Would you mind calling
23 for some discussion, because I have a very brief thought
24 that I want to put on the record?
25 CHAIRMAN SHULL: Certainly. Go ahead.
30
1 Continue.
2 COMMISSIONER HAIS: Mr. Chairman, I just
3 want to -- for the record, I just want to say this: We've
4 had a couple of these cases here this morning. And there
5 is an abstract concept. They're troubling because -- or
6 at least a couple of these have been, because they present
7 the choice that a Commission like this has between showing
8 some type of acknowledgement of the frailty of human
9 memory and the imperfections of human nature.
10 And when you put that against the relative
11 lack of gravity of the charges that are underlying, there
12 is a tendency to have the opinion from a human standpoint
13 that the greater harm would be to deprive someone of
14 livelihood in this particular industry.
15 On the other hand, this Commission has a
16 reputation, I'm told, and have been told since joining
17 this Commission, of an excellent reputation in this nation
18 because of its adherence to a strict set of principles,
19 the point of which is to protect the gaming industry and
20 the people of
21 or criticism that it is allowing any type of laxity in the
22 administration of the gaming industry, which is a -- which
23 is an industry which as we all know, speaking plainly, has
24 attracted problems in the past in the nature of criminal
25 activity.
31
1 And so I think -- I think the Commission may
2 want to consider, for what it's worth, the advisability of
3 coming down on the side of keeping -- keeping these types
4 of matters as strictly adhered to as possible in the --
5 for the reason that we're setting a precedent.
6 And if, for example, we should happen to
7 have one of these cases come along next week, I mean, next
8 month or sometime in the future where someone is said to
9 have failed to report a crime of possessing an incendiary
10 device or something that is especially timely because of
11 the nature of current events, we would have a terrible
12 time explaining the inconsistency.
13 And I think that for that reason I would
14 move to approve Resolution 07-054.
15 COMMISSIONER JONES: Second.
16 CHAIRMAN SHULL: Is there further
17 discussion?
18 Call the roll.
19 MS. FRANKS: Chairman Shull.
20 CHAIRMAN SHULL: Approved.
21 MS. FRANKS: Commissioner Jones.
22 COMMISSIONER JONES: Approved.
23 MS. FRANKS: Commissioner Hais.
24 COMMISSIONER HAIS: Approved.
25 MS. FRANKS: Commissioner Plunkett.
32
1 COMMISSIONER PLUNKETT: Approved.
2 MS. FRANKS: Commissioner Bradley.
3 COMMISSIONER BRADLEY: Approved.
4 MS. FRANKS: By your vote you've adopted
5 Resolution No. 07-054.
6 MR. STARK: Thank you very much,
7 Commissioner.
8 MR. MCNARY: Mr. Chairman, Relicensure of
9 Supplies will be handled by Lieutenant Gary Moore.
10 LIEUTENANT MOORE: Good morning.
11 COMMISSIONER: Good morning.
12 LIEUTENANT MOORE: Mr. Chairman and
13 Commissioners, the relicensing background investigation
14 was conducted on the following supplier companies with no
15 derogatory information discovered.
16 The first one is WMS. They design and
17 manufacture video and reel spinning slot machines. The
18 second one is
19 dice. They also offer custom table game layouts and high
20 tech slot machines. And the third one is Shuffle Master,
21 specializing in automatic card shufflers, roulette chip
22 sorters and traditional video slot machines.
23 Thank you.
24 MR. MCNARY: Mr. Chairman, we recommend
25 relicensure of the suppliers.
33
1 CHAIRMAN SHULL: Any questions or a motion
2 to approve?
3 COMMISSIONER JONES: Move to approve
4 Resolution Nos. 07-055, 07-056, 07-057.
5 COMMISSIONER HAIS: Second.
6 CHAIRMAN SHULL: Is there further
7 discussion?
8 Call the roll, please.
9 MS. FRANKS: Chairman Shull.
10 CHAIRMAN SHULL: Approved.
11 MS. FRANKS: Commissioner Jones.
12 COMMISSIONER JONES: Approved.
13 MS. FRANKS: Commissioner Hais.
14 COMMISSIONER HAIS: Approved.
15 MS. FRANKS: Commissioner Plunkett.
16 COMMISSIONER PLUNKETT: Approved.
17 MS. FRANKS: Commissioner Bradley.
18 COMMISSIONER BRADLEY: Approved.
19 MS. FRANKS: By your vote you've adopted
20 Resolution Nos. 07-055, 07-056 and 07-057.
21 MR. MCNARY: Item IV, Mr. Chairman, is
22 Licensure of Certain Level I/Key Applicants, and
23 Lieutenant Gary Moore will handle that.
24 LIEUTENANT MOORE: Mr. Chairman and
25 Commissioners, the Highway Patrol and Gaming Commission
34
1 investigators conducted background investigations on the
2 following Key Person and Level I applicants. The
3 investigations included, but were not limited to,
4 criminal, financial and general character inquiries.
5 Our Key Person is Duncan M. McKenzie,
6 Regional Vice-President of Operation, Isle
of
7 Casino, Inc.
8 Under Level I we have Joseph M. Robertson,
9 Director of Security, Ameristar Casino,
10
11 Audit Director, Penn National Gaming, Inc.; Montgomery R.
12 Terhune, Vice-President of Finance, Ameristar Casino,
13
14 The results of the investigations were
15 provided to the Gaming Commission staff for their review
16 and recommendation.
17 Thank you.
18 MR. MCNARY: Mr. Chairman, we recommend
19 licensure of these Key applicants.
20 CHAIRMAN SHULL: Is there a motion?
21 COMMISSIONER PLUNKETT: I make a motion we
22 approve Resolution 07-058.
23 COMMISSIONER JONES: Second.
24 CHAIRMAN SHULL: Is there further
25 discussion?
35
1 Call the roll, please.
2 MS. FRANKS: Chairman Shull.
3 CHAIRMAN SHULL: Approved.
4 MS. FRANKS: Commissioner Jones.
5 COMMISSIONER JONES: Approved.
6 MS. FRANKS: Commissioner Hais.
7 COMMISSIONER HAIS: Approved.
8 MS. FRANKS: Commissioner Plunkett.
9 COMMISSIONER PLUNKETT: Approved.
10 MS. FRANKS: Commissioner Bradley.
11 COMMISSIONER BRADLEY: Approved.
12 MS. FRANKS: By your vote you've adopted
13 Resolution No. 07-058.
14 MR. MCNARY: Mr. Chairman, Item VI is
15 Consideration of Extension of Liquor License for Harrah's
16 North Kansas City, and General Counsel Hinckley will
17 present that.
18 MR. HINCKLEY: Mr. Chairman, Commissioners,
19 the Class A licensee Harrah's
20 applied to the Gaming Commission for renewal of its liquor
21 license, and with that renewal has requested to extend the
22 hours in which it serves intoxicating liquor in nine
23 gaming areas to 3:00 a.m.
24 The Harrah's
25 the City of
36
1 within a convention trade area as designated by
2 North Kansas City ordinance, a copy of which is contained
3 in your notebooks, and as defined by the statute --
4
5 And the City of
6 3:00 a.m. closing time for liquor sales in the
7 North Kansas City convention trade area. Therefore,
8 requiring -- fulfilling all of the requirements for
9 requesting -- or making this request and this resolution.
10 CHAIRMAN SHULL: Are there any further
11 questions for Mr. Hinckley?
12 Is there a motion?
13 Excuse me. Go ahead.
14 MR. MCNARY: No. We have -- we recommend
15 that they've complied with all of the requirements, and we
16 recommend that their license be extended and to include
17 3:00 a.m. on the premises.
18 COMMISSIONER HAIS: Mr. Chairman, I would
19 move the approval of Commission Resolution 07-059.
20 COMMISSIONER JONES: Second.
21 CHAIRMAN SHULL: Is there further
22 discussion?
23 Call the roll, please.
24 MS. FRANKS: Chairman Shull.
25 CHAIRMAN SHULL: Approved.
37
1 MS. FRANKS: Commissioner Jones.
2 COMMISSIONER JONES: Approved.
3 MS. FRANKS: Commissioner Hais.
4 COMMISSIONER HAIS: Approved.
5 MS. FRANKS: Commissioner Plunkett.
6 COMMISSIONER PLUNKETT: Approved.
7 MS. FRANKS: Commissioner Bradley.
8 COMMISSIONER BRADLEY: Approved.
9 MS. FRANKS: By your vote you've adopted
10 Resolution No. 07-059.
11 CHAIRMAN SHULL: That concludes this
12 meeting.
13 COMMISSIONER JONES: Mr. Chairman, I move to
14 close this meeting to receive, discuss and consider the
15 following matters: closed minutes or other closed records
16 under Section 610.021(14) and 313.847.1.
17 CHAIRMAN SHULL: Is there a second?
18 COMMISSIONER HAIS: Second.
19 CHAIRMAN SHULL: Further discussion.
20 Call the roll.
21 MS. FRANKS: Chairman Shull.
22 CHAIRMAN SHULL: Approved.
23 MS. FRANKS: Commissioner Jones.
24 COMMISSIONER JONES: Approved.
25 MS. FRANKS: Commissioner Hais.
38
1 COMMISSIONER HAIS: Approved.
2 MS. FRANKS: Commissioner Plunkett.
3 COMMISSIONER PLUNKETT: Approved.
4 MS. FRANKS: Commissioner Bradley.
5 COMMISSIONER BRADLEY: Approved.
6 CHAIRMAN SHULL: Thank you.
7 (Meeting closed.)
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4 CERTIFICATE OF REPORTER
5
6 I, Patricia A. Stewart, RMR, RPR, CCR, a
8 hereby certify that the testimony that appears in the
9 foregoing transcript was taken by me to the best of my
10 ability and thereafter reduced to typewriting by me; that
11 I am neither counsel for, related to, nor employed by any
12 of the parties to the action in which this hearing was
13 taken, and further that I am not a relative or employee of
14 any attorney or counsel employed by the parties thereto,
15 nor financially or otherwise interested in the outcome of
16 the action.
17
18
19 __________________________
20 Patricia A. Stewart
21 CCR No. 401
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