1
1 BEFORE THE MISSOURI GAMING COMMISSION
STATE OF MISSOURI
2
3
4
5 MEETING
6 TRANSCRIPT OF PROCEEDINGS
7
8 January 16, 2008
9 10:00 a.m.
10 Department of Transportation
11 105 West Capitol Avenue, Room 100
12 Jefferson City, Missouri
13
14
COMMISSIONERS
15 PRESENT: Chairman Noel Shull
Commissioner Suzanne B. Bradley
16 Commissioner Samuel J. Hais
Commissioner Darryl Jones
17 Commissioner Larry W. Plunkett, Sr.
18
19 REPORTED BY: Monnie S. VanZant, CCR, CSR, RPR
Midwest Litigation Services
20 3432 W. Truman Boulevard, Suite 207
Jefferson City, MO 65109
21 (573) 636-7551
22
23
24
25
2
1 TRANSCRIPT OF PROCEEDINGS
2 CHAIRMAN SHULL: Good morning. Welcome to the
3 Missouri Gaming Commission's meeting. We would like to
4 thank the Department of Transportation for providing this
5 facility to us while we have some rehabilitation going on
6 in the Commission offices. And we'd like to go ahead and
7 proceed. Would you call the roll, please?
8 MS. FRANKS: Chairman Shull?
9 CHAIRMAN SHULL: Present.
10 MS. FRANKS: Commissioner Jones?
11 COMMISSIONER JONES: Present.
12 MS. FRANKS: Commissioner Hais?
13 COMMISSIONER HAIS: Present.
14 MS. FRANKS: Commissioner Plunkett?
15 COMMISSIONER PLUNKETT: Present.
16 MS. FRANKS: Commissioner Bradley?
17 COMMISSIONER BRADLEY: Present.
18 CHAIRMAN SHULL: The first item will be the
19 consideration of the minutes of the last meeting.
20 COMMISSIONER PLUNKETT: I make a motion we
21 approve the minutes of November 28th, 2007.
22 COMMISSIONER JONES: Second.
23 CHAIRMAN SHULL: Motion's been made and
24 seconded. Is there any further discussion?
25 CHAIRMAN SHULL: Call the roll, please.
3
1 MS. FRANKS: Chairman Shull?
2 CHAIRMAN SHULL: Approve.
3 MS. FRANKS: Commissioner Jones?
4 COMMISSIONER JONES: Approve.
5 MS. FRANKS: Commissioner Hais?
6 COMMISSIONER HAIS: Approve.
7 MS. FRANKS: Commissioner Plunkett?
8 COMMISSIONER PLUNKETT: Approve.
9 MS. FRANKS: Commissioner Bradley?
10 COMMISSIONER BRADLEY: Approve.
11 MS. FRANKS: By your vote, you've adopted the
12 minutes of the November 28, 2007, meeting.
13 CHAIRMAN SHULL: The first item for
14 consideration would be disciplinary actions. Mr. McNary,
15 would you like to go ahead and proceed?
16 MR. MCNARY: Mr. Chairman and Commissioners,
17 first of all, a couple points. I want to commend the
18 Chairman for being here and showing the importance of this
19 meeting because he drove last night to Springfield and
20 then drove back in order to preside over the Commission
21 meeting today. And on behalf of the Staff, we appreciate
22 your commitment and dedication.
23 CHAIRMAN SHULL: Thank you.
24 MR. MCNARY: Secondly, you're stuck with me as
25 acting General Counsel on these disciplines. It -- I'll
4
1 have a disclaimer to begin with. If there's something
2 that I don't know, it's not my fault. Directing your
3 attention to --
4 COMMISSIONER HAIS: We've known that for years.
5 MR. MCNARY: -- to Tab C, Disciplinary Complaint
6 No. DC-08-002, concerning Class A licensee, Isle of Capri,
7 Boonville. Violations alleged fall under 11 CSR
8 45-10.030, Section 4, failure of a licensee to safeguard
9 from loss the gaming assets.
10 The facts supporting the alleged violations are
11 as follows: On August 11th, 2007, MGC agent was notified
12 by the casino surveillance that 30,000 in casino funds
13 were left unsecured in an unlocked drawer in the casino's
14 main cashier cage. The funds were left unsecured for six
15 minutes.
16 As a result of these factual allegations, Staff
17 recommends that the Commission propose a $5,000 fine.
18 CHAIRMAN SHULL: Are there any questions for
19 Mr. McNary? Is there a motion?
20 COMMISSIONER HAIS: Mr. Chairman, I'd move that
21 DC-08-002 be approved.
22 COMMISSIONER BRADLEY: Second.
23 CHAIRMAN SHULL: Motion's been made and
24 seconded. Is there any further discussion? Call the
25 roll, please.
5
1 MS. FRANKS: Chairman Shull?
2 CHAIRMAN SHULL: Approve.
3 MS. FRANKS: Commissioner Jones?
4 COMMISSIONER JONES: Approve.
5 MS. FRANKS: Commissioner Hais?
6 COMMISSIONER HAIS: Approve.
7 MS. FRANKS: Commissioner Plunkett?
8 COMMISSIONER PLUNKETT: Approve.
9 MS. FRANKS: Commissioner Bradley?
10 COMMISSIONER BRADLEY: Approve.
11 MS. FRANKS: By your vote, you've adopted
12 DC-08-002.
13 MR. MCNARY: Mr. Chairman, directing your
14 attention to Tab D, this is a Disciplinary Complaint
15 08-003 concerning Class A licensee, Isle of Capri,
16 Caruthersville.
17 The violations fall under 11 CSR 45-10.030,
18 Section 4, failure to safeguard from loss all gaming
19 assets as well as minimum internal controls, Chapter A,
20 1.10. Each employer shall ensure that employees before
21 performing the duties of their job are adequately trained
22 as to their specific job functions.
23 The facts supporting the alleged violations are
24 as follows: On July 31st, 2007, surveillance notified MGC
25 that Dealer McFarland, while dealing a game of 21 and 3
6
1 committed multiple violations that resulted in a loss to
2 the casino of $3,451.
3 The investigation revealed this was the first
4 time that McFarland had dealt the game. At the time, she
5 was being supervised by the pit manager, a floor
6 supervisor and a dual rate supervisor.
7 The investigation showed that none of those
8 persons directly supervised McFarland and that the casino
9 could not provide documentation showing that McFarland had
10 been adequately trained at the game of 21 plus 3.
11 As a result of these factual allegations, the
12 Staff recommends that the Commission propose a $10,000
13 fine.
14 CHAIRMAN SHULL: Are there any questions for
15 Mr. McNary? Is there a motion?
16 COMMISSIONER BRADLEY: May I ask a question?
17 CHAIRMAN SHULL: Yes.
18 COMMISSIONER BRADLEY: What, if any, action, was
19 taken about the -- with the dealer, McFarland? I think
20 the allegations are she was not trained, but then anything
21 -- any subsequent action?
22 MR. MCNARY: Commissioner, McFarland was
23 suspended for one day for continuing to -- to deal while
24 she was losing assets. The dual rate supervisor was
25 suspended for two days. The floor supervisor was
7
1 suspended for three days. And the pit manager was
2 suspended for two days.
3 CHAIRMAN SHULL: Any other questions? Is there
4 a motion?
5 COMMISSIONER JONES: Move for acceptance of
6 DC-08-003.
7 COMMISSIONER PLUNKETT: Second.
8 CHAIRMAN SHULL: Is there further discussion?
9 Call the roll, please.
10 MS. FRANKS: Chairman Shull?
11 CHAIRMAN SHULL: Approve.
12 MS. FRANKS: Commissioner Jones?
13 COMMISSIONER JONES: Approve.
14 MS. FRANKS: Commissioner Hais?
15 COMMISSIONER HAIS: Approve.
16 MS. FRANKS: Commissioner Plunkett?
17 COMMISSIONER PLUNKETT: Approve.
18 MS. FRANKS: Commissioner Bradley?
19 COMMISSIONER BRADLEY: Approve.
20 MS. FRANKS: By your vote, you've adopted
21 DC-08-003.
22 MR. MCNARY: Mr. Chairman, next item, Tab E, is
23 Disciplinary Complaint No. 08-004 concerning Class A
24 licensee, Isle of Capri, Caruthersville.
25 Violations alleged fall under 11 CSR 45.12.090,
8
1 Section 10-A. No advertisement of intoxicating liquors
2 shall contain any statement offering below cost or at a
3 discount as an inducement to purchase intoxicating liquor.
4 The facts supporting the alleged violations are
5 as follows: On August 23rd, '07, MGC gaming enforcement
6 manager investigated a complaint about a flyer mailed by
7 the licensee. Upon viewing the flyer, it observed -- he
8 observed an advertisement for discounted prices on drinks
9 with intoxicating liquors.
10 Sports bar operates under a liquor license
11 issued by MGC. As a result of these factual allegations,
12 Staff recommended that the Commission propose a $7,500
13 fine.
14 CHAIRMAN SHULL: Thank you. Are there any
15 questions for Mr. McNary? Is there a motion?
16 COMISSIONER HAIS: Chairman, I would move that
17 DC-08-004 be approved.
18 COMMISSIONER BRADLEY: Second.
19 CHAIRMAN SHULL: Motion's made and seconded.
20 Any further discussion? Hearing none, call the roll,
21 please.
22 MS. FRANKS: Chairman Shull?
23 CHAIRMAN SHULL: Approve.
24 MS. FRANKS: Commissioner Jones?
25 COMMISSIONER JONES: Approve.
9
1 MS. FRANKS: Commissioner Hais?
2 COMMISSIONER HAIS: Approve.
3 MS. FRANKS: Commissioner Plunkett?
4 COMMISSIONER PLUNKETT: Approve.
5 MS. FRANKS: Commissioner Bradley?
6 COMMISSIONER BRADLEY: Approve.
7 MS. FRANKS: By your vote, you've adopted
8 DC-08-004.
9 MR. MCNARY: Mr. Chairman, Agenda Item 4 is
10 consideration of settlement agreements. I direct your
11 attention to Tab F and Commission Resolution No. 08-001
12 regarding a settlement agreement and waiver of hearings
13 concerning licensee Ameristar Casino, Kansas City, Inc.
14 and underlying disciplinary matter 07-370.
15 And that matter, the Commission issued a $10,000
16 fine after hearing facts alleging that the casino had 70
17 tip boxes that were not secured to their tables.
18 After the Commission issued the fine, the
19 licensee contacted the Commission and assumed
20 responsibility. The licensee and the Commission engaged
21 in settlement negotiations, and pending Commission
22 approval, agreed to settle the matter for $9,000.
23 CHAIRMAN SHULL: Are there any questions for
24 Mr. McNary? Is there a motion?
25 COMMISSIONER PLUNKETT: Make a motion we approve
10
1 Resolution 08-001.
2 COMMISSIONER HAIS: Second.
3 CHAIRMAN SHULL: Motion's made and seconded.
4 Any further discussion? Hearing none, call the roll,
5 please.
6 MS. FRANKS: Chairman Shull?
7 CHAIRMAN SHULL: Approve.
8 MS. FRANKS: Commissioner Jones?
9 COMMISSIONER JONES: Approve.
10 MS. FRANKS: Commissioner Hais?
11 COMMISSIONER HAIS: Approve.
12 MS. FRANKS: Commissioner Plunkett?
13 COMMISSIONER PLUNKETT: Approved.
14 MS. FRANKS: Commissioner Bradley?
15 COMMISSIONER BRADLEY: Approve.
16 MS. FRANKS: By your vote, you've adopted
17 Resolution No. 08-001.
18 MR. MCNARY: Mr. Chairman, Tab G concerns
19 Commission Resolution No. 08-002 regarding settlement
20 agreement and waiver of hearings concerning licensee
21 Harrah's North Kansas City, LLC, and underlying
22 disciplinary matter 07-372.
23 In that matter, the Commissioner issued a
24 $10,000 fine after hearing facts alleging that the casino
25 gift shop was selling uncanceled casino dice.
11
1 After the Commission issued this fine, the
2 licensee contacted the Commission and assumed
3 responsibility. The licensee and the Commission engaged
4 in settlement negotiations, and pending Commission
5 approval, agreed to settle the matter for $9,000.
6 CHAIRMAN SHULL: Are there any questions? Is
7 there a motion?
8 COMMISSIONER BRADLEY: Motion to approve
9 Commission Resolution No. 08-002.
10 COMMISSIONER JONES: Second.
11 CHAIRMAN SHULL: Motion's made and seconded. Is
12 there any further discussion? Call the roll, please.
13 MS. FRANKS: Chairman Shull?
14 CHAIRMAN SHULL: Approve.
15 MS. FRANKS: Commissioner Jones?
16 COMMISSIONER JONES: Approve.
17 MS. FRANKS: Commissioner Hais?
18 COMMISSIONER HAIS: Approve.
19 MS. FRANKS: Commissioner Plunkett?
20 COMMISSIONER PLUNKETT: Approve.
21 MS. FRANKS: Commissioner Bradley?
22 COMMISSIONER BRADLEY: Approve.
23 MS. FRANKS: By your vote, you've adopted
24 Resolution No. 08-002.
25 MR. MCNARY: Mr. Chairman, Tab H relates to
12
1 Commission Resolution No. 08-003 regarding settlement
2 agreement, waiver of hearings concerning licensee Isle of
3 Capri Boonville and underlying disciplinary matter 07-373.
4 In that matter, the Commission issued a $50,000
5 fine after hearing facts alleging that the casino
6 employees, including supervisors, knowing of a
7 malfunctioning liquor gun, had failed to correct the
8 malfunction.
9 This resulted in a patron being served large
10 amounts of alcohol to the point of severe intoxication.
11 Upon issuance of this fine, the licensee contacted the
12 Commission and assumed responsibility. The licensee and
13 the Commission engaged in settlement negotiations, and
14 pending Commission approval, agreed to a settlement in the
15 matter for $45,000.
16 CHAIRMAN SHULL: Any questions for Mr. McNary?
17 Is there a motion?
18 COMMISSIONER HAIS: Mr. Chairman, I move that
19 Commission Resolution 08-003 be approved.
20 COMMISSIONER PLUNKETT: Second.
21 CHAIRMAN SHULL: Motion's made and seconded. Is
22 there any further discussion? Hearing none, call the
23 roll, please.
24 MS. FRANKS: Chairman Shull?
25 CHAIRMAN SHULL: Approve.
13
1 MS. FRANKS: Commissioner Jones?
2 COMMISSIONER JONES: Approve.
3 MS. FRANKS: Commissioner Hais?
4 COMMISSIONER HAIS: Approve.
5 MS. FRANKS: Commissioner Plunkett?
6 COMMISSIONER PLUNKETT: Approve.
7 MS. FRANKS: Commissioner Bradley?
8 COMMISSIONER BRADLEY: Approve.
9 CHAIRMAN SHULL: By your vote, you've adopted
10 Resolution No. 08-003.
11 MR. MCNARY: Mr. Chairman, I direct your
12 attention to Tab I, Commission Resolution No. 08-004
13 regarding settlement agreement and waiver of hearings
14 concerning licensee Isle of Capri Caruthersville, Inc.,
15 and underlying disciplinary matter 07-374.
16 In that matter, the Commission issued a $5,000
17 fine after hearing facts alleging that an under-aged
18 patron was served alcohol at a casino bar. After the
19 Commission issued this fine, the licensee contacted the
20 Commission and took responsibility for their actions.
21 The licensee and the Commission engaged in
22 settlement negotiations, and pending Commission approval,
23 agreed to settle the matter for $4,500.
24 CHAIRMAN SHULL: Are there any questions for
25 Mr. McNary? Is there a motion?
14
1 COMMISSIONER BRADLEY: Motion to approve
2 Commission Resolution No. 08-004.
3 COMMISSIONER JONES: Second.
4 CHAIRMAN SHULL: Motion's made and seconded. Is
5 there a further discussion? Hearing none, call the roll.
6 MS. FRANKS: Chairman Shull?
7 CHAIRMAN SHULL: Approve.
8 MS. FRANKS: Commissioner Jones?
9 COMMISSIONER JONES: Approve.
10 MS. FRANKS: Commissioner Hais?
11 COMMISSIONER HAIS: Approve.
12 MS. FRANKS; commissioner Plunkett?
13 COMMISSIONER PLUNKETT: Approve.
14 MS. FRANKS: Commissioner Bradley?
15 COMMISSIONER BRADLEY: Approve.
16 MS. FRANKS: By your vote, you've adopted
17 Resolution No. 08-004.
18 MR. MCNARY: Mr. Chairman, with the Commission's
19 approval, we would ask to defer Item J until the next
20 meeting.
21 CHAIRMAN SHULL: Thank you. Please proceed.
22 MR. MCNARY: Item K, Commission Resolution No.
23 08-006 regarding settlement agreement and waiver of
24 hearings concerning licensee Missouri Gaming Company,
25 doing business as Argosy Riverside Casino and underlying
15
1 Disciplinary Matter 07-376.
2 In that matter, the Commission issued a $5,000
3 fine after hearing facts alleging that the casino failed
4 to empty token buckets from several slot machines during
5 their conversion to ticket in, ticket out play.
6 After issuance of this fine, the licensee
7 assumed responsibility. The licensee and the Commission
8 engaged in settlement negotiations, and pending Commission
9 approval, agreed to settle the matter for $4,500.
10 CHAIRMAN SHULL: Are there any questions for
11 Mr. McNary? Is there a motion?
12 COMMISSIONER PLUNKETT: Make a motion we approve
13 Resolution 08-006.
14 COMMISSIONER HAIS: Second.
15 CHAIRMAN SHULL: Motion's been made and
16 seconded. Is there any further discussion? Hearing none,
17 call the roll, please.
18 MS. FRANKS: Chairman Shull?
19 CHAIRMAN SHULL: Approve.
20 MS. FRANKS: Commissioner Jones?
21 COMMISSIONER JONES: Approve.
22 MS. FRANKS: Commissioner Hais?
23 COMMISSIONER HAIS: Approve.
24 MS. FRANKS: Commissioner Plunkett?
25 COMMISSIONER PLUNKETT: Approve.
16
1 MS. FRANKS: Commissioner Bradley?
2 COMMISSIONER BRADLEY: Approve.
3 MS. FRANKS: By your vote, you've adopted
4 Resolution No. 08-006.
5 CHAIRMAN SHULL: We can look back at 08-005, if
6 there is anyone here that does object to deferring that to
7 the February meeting. Seeing none, please proceed. Thank
8 you.
9 MR. MCNARY: Mr. Chairman, the next item on the
10 agenda will be Item 5, and this will be consideration of
11 dismissal of disciplinary actions. And Legal Counsel,
12 Dave Welch, will defend those matters.
13 MR. WELCH: Mr. Chairman, members of the
14 Commission, I would direct your attention to Resolution
15 08-007 relating to Disciplinary Matter DC-07-147. My
16 explanation will deal with both No. 147 and 07-154 as they
17 are related cases.
18 These cases relate to the Isle of Capri
19 Boonville. There was a -- thought to be the lack of
20 security for an after fight party, an event they were
21 hosting.
22 After reviewing the surveillance tapes of the
23 incident, interviewing people from the Isle of Capri and
24 interviewing members of the Missouri Highway Patrol who
25 were on duty that evening, the General Counsel has
17
1 concluded that both of these cases should be dismissed for
2 lack of evidence and mitigating circumstances.
3 Therefore, I would ask the approval of Resolution Number
4 08-007.
5 MR. MCNARY: May it please the Court, I think --
6 COMMISSIONER PLUNKETT: HGI-St. Jo, Inc.
7 MR. MCNARY: It's St. Joe rather than Isle of
8 Capri.
9 MR. WELCH: Okay. I'm sorry. I'm sorry.
10 CHAIRMAN SHULL: Are there any questions? Is
11 there a motion?
12 COMMISSIONER JONES: Make a motion to approve
13 Resolution No. 08-007.
14 COMMISSIONER PLUNKETT: Second.
15 CHAIRMAN SHULL: Motion's made and seconded. Is
16 there any further discussion? Hearing none, call the
17 roll, please.
18 MS. FRANKS: Chairman Shull?
19 CHAIRMAN SHULL: Approve.
20 MS. FRANKS: Commissioner Jones?
21 COMMISSIONER JONES: Approve.
22 MS. FRANKS: Commissioner Hais?
23 COMMISSIONER HAIS: Approve.
24 MS. FRANKS: Commissioner Plunkett?
25 COMMISSIONER PLUNKETT: Approve.
18
1 MS. FRANKS: Commissioner Bradley?
2 COMMISSIONER BRADLEY: Approve.
3 MS. FRANKS: By your vote, you've adopted
4 Resolution No. 08-007.
5 MR. WELCH: Based upon the same -- same reasons,
6 we'd ask your adoption of Resolution No. 08-008. The
7 first one -- the first resolution dealt with an
8 individual. This resolution deals with the Class A
9 licensee.
10 CHAIRMAN SHULL: Are there any questions for Mr.
11 Welch? Is there a motion?
12 COMMISSIONER HAIS: Move the adoption of
13 Commission Resolution 08-008.
14 COMMISSIONER JONES: Second.
15 CHAIRMAN SHULL: Motion's made and seconded. Is
16 there any further discussion? Hearing none, call the
17 roll, please.
18 MS. FRANKS: Chairman Shull?
19 CHAIRMAN SHULL: Approve.
20 MS. FRANKS: Commissioner Jones?
21 COMMISSIONER JONES: Approve.
22 MS. FRANKS: Commissioner Hais?
23 COMMISSIONER HAIS: Approve.
24 MS. FRANKS: Commissioner Plunkett?
25 COMMISSIONER PLUNKETT: Approve.
19
1 MS. FRANKS: Commissioner Bradley?
2 COMMISSIONER BRADLEY: Approve.
3 MS. FRANKS: By your vote, you've adopted
4 Resolution No. 08-008.
5 MR. MCNARY: Mr. Chairman, Item 6 on the agenda
6 concerns Commission directive to staff to contact the
7 Missouri Gaming Association with regard to political
8 contributions. And we did so. Legal counsel and Dave
9 Welch will address that in their response.
10 MR. WELCH: We contacted Mr. Mike Winter, the
11 Executive Director of the Missouri Gaming Association and
12 discussed with him the possibility of moving forward with
13 a voluntary ban on political contributions by the gaming
14 industry and those associated with it.
15 He in turn he would contact his membership,
16 after which he again contacted me. He indicated that the
17 association members were opposed to such a voluntary ban.
18 They thought it was important that they maintain the
19 constitutional prerogatives guaranteed under the First
20 Amendment in Beckley versus Valeel (ph.) in order to
21 participate actively in the political process, and that
22 unless there was such a ban instituted by Legislation, by
23 the State Legislature, that his members were inclined to
24 continue to participate in the political process unless
25 such a ban would be instituted against all businesses
20
1 doing business in the State of Missouri.
2 CHAIRMAN SHULL: Are there any questions for
3 Mr. Welch?
4 MR. WELCH: Thank you.
5 CHAIRMAN SHULL: Thank you.
6 MR. MCNARY: Mr. Chairman, the next item on the
7 agenda, Item 7 is consideration of licensure of a -- of
8 certain Level 1 key applicants. And Lieutenant Rex Scism
9 will make that presentation.
10 MR. SCISM: Thank you. Mr. Chairman,
11 Commissioners, the Missouri State Highway Patrol
12 investigators, along with Gaming Commission Financial
13 Investigators conducted background investigations on
14 multiple key person and Level 1 applicants.
15 The investigations included, but were not
16 limited to, criminal, financial and general character
17 inquiries which were made in the jurisdictions where the
18 applicants lived, worked and frequented.
19 The following individuals are being presented
20 for your consideration: John M Boushy, CEO and President,
21 Ameristar Casinos; Todd E. Greenberg, Vice President of
22 Operations, Ameristar Casinos; Michael J. Silberling,
23 President, Midwest Region, Harrah's Entertainment; Richard