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BEFORE THE MISSOURI GAMING COMMISSION
5 STATE OF MISSOURI
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9 Meeting
March 26, 2008
10 10:00 a.m.
Central Office
11 3417 Knipp Drive
Jefferson City, Missouri
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1 AGENDA
2 PAGE
3 I. Call to Order 5:2
4 II. Minutes
A. February 11, 2008 5:14
5 B. February 20, 2008 6:8
6 III. Consideration of Disciplinary Actions
C. Glenn Moise 7:14
7 1. DC-08-117
D. David Murray 8:25
8 1. DC-08-118
E. Ameristar Casino Kansas City, Inc 10:15
9 1. DC-08-119
F. Ameristar Casino Kansas City, Inc 12:20
10 1. DC-08-120
G. Ameristar Casino St. Charles, Inc 15:12
11 1. DC-08-121
H. HGI-St. Jo, Inc. 17:18
12 1. DC-08-122
I. IOC-Kansas City, Inc. 19:9
13 1. DC-08-123
J. Missouri Gaming Company 21:23
14 1. DC-08-124
K. Pinnacle Entertainment, Inc. 23:13
15 1. DC-08-125
16 IV. Consideration of Settlement Agreements
L. IOC-Caruthersville, LLC 24:24
17 1. Resolution No. 08-131
M. IOC-Caruthersville, LLC 26:10
18 1. Resolution No. 08-032
19 V. Consideration of Licensure of Level I/
Key Applicants
20 N. Resolution No. 08-033 27:24
21 VI. Consideration of Extension of Liquor
License Hours
22 O. IOC-Kansas City, Inc. 29:18
1. DC-08-034
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VII. Consideration of Extension of Licensure
24 of Pinnacle Entertainment, Inc.
P. Resolution No. 08-035 30:23
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1 AGENDA (CONT'D)
2 PAGE
3 VIII. Consideration of Ratification of
Withdrawal of 11 CSR 45-10.051
4 Q. Resolution No. 08-036 32:5
5 IX. Consideration of Amended Final
Order of Rulemaking
6 1. 11 CSR 45-4.050-Application Period 33:8
and Fees for Class A License
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2 BEFORE THE MISSOURI GAMING COMMISSION
STATE OF MISSOURI
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Meeting
7 March 26, 2008
10:00 a.m.
8 Central Office
3417 Knipp Drive
9 Jefferson City, Missouri
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14 COMMISSION MEMBERS PRESENT:
15 Noel J. Shull, Chairman
Darryl T. Jones
16 Larry W. Plunkett, Sr.
Suzanne Bradley
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21 Reported by:
Patricia A. Stewart, RMR, RPR, CCR 401
22 Midwest Litigation Services
3432 West Truman Boulevard, Suite 207
23 Jefferson City, Missouri 65109
(573) 636-7551
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1 P R O C E E D I N G S
2 CHAIRMAN SHULL: Would you call the roll,
3 please.
4 MS. FRANKS: Chairman Shull.
5 CHAIRMAN SHULL: Present.
6 MS. FRANKS: Commissioner Jones.
7 COMMISSIONER JONES: Present.
8 MS. FRANKS: Commissioner Hais.
9 (No response.)
10 MS. FRANKS: Commissioner Plunkett.
11 COMMISSIONER PLUNKETT: Present.
12 MS. FRANKS: Commissioner Bradley.
13 COMMISSIONER BRADLEY: Present.
14 CHAIRMAN SHULL: The next item is to
15 consider the minutes of the last meeting, February 11th.
16 COMMISSIONER JONES: Move for approval of
17 the minutes of February 11, 2008.
18 COMMISSIONER BRADLEY: Second.
19 CHAIRMAN SHULL: A motion has been made and
20 seconded.
21 Is there any further discussion?
22 Hearing none, call the roll.
23 MS. FRANKS: Chairman Shull.
24 CHAIRMAN SHULL: Approved.
25 MS. FRANKS: Commissioner Jones.
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1 COMMISSIONER JONES: Approved.
2 MS. FRANKS: Commissioner Plunkett.
3 COMMISSIONER PLUNKETT: Approved.
4 MS. FRANKS: Commissioner Bradley.
5 COMMISSIONER BRADLEY: Approved.
6 MS. FRANKS: By your vote you've adopted the
7 minutes of the February 11, 2008 meeting.
8 CHAIRMAN SHULL: The next item that will be
9 considered is the February 20 minutes.
10 COMMISSIONER PLUNKETT: I make a motion we
11 approve the minutes of February 20.
12 COMMISSIONER JONES: Second.
13 CHAIRMAN SHULL: A motion made and seconded.
14 Is there further discussion?
15 Hearing none, call the roll.
16 MS. FRANKS: Chairman Shull.
17 CHAIRMAN SHULL: Approved.
18 MS. FRANKS: Commissioner Jones.
19 COMMISSIONER JONES: Approved.
20 MS. FRANKS: Commissioner Plunkett.
21 COMMISSIONER PLUNKETT: Approved.
22 MS. FRANKS: Commissioner Bradley.
23 COMMISSIONER BRADLEY: Approved.
24 MS. FRANKS: By your vote you've adopted the
25 minutes of the February 20th, 2008 meeting.
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1 CHAIRMAN SHULL: I want to turn the meeting
2 over to Mr. McNary for Consideration of Disciplinary
3 Actions.
4 MR. MCNARY: Mr. Chairman, Commissioners,
5 first let the record show we have been in touch, have
6 heard from Commissioner Sam Hais. He's suffering some
7 severe back problems; otherwise, he'd be here. But we
8 expect him back for the next meeting.
9 Consideration of Disciplinary Actions will
10 be handled by General Counsel Chris Hinckley.
11 MR. HINCKLEY: Good morning, Mr. Chairman,
12 Commissioners.
13 CHAIRMAN/COMMISSIONERS: Good morning.
14 MR. HINCKLEY: I direct your attention to
15 Tab C and Disciplinary Complaint No. 08-117 concerning the
16 Level I Licensee Glen Moise, Director of Property
17 Management for Isle of Capri-Kansas City.
18 The violations under this discipline alleged
19 are all under 11 CSR 45-6.020, which requires the gambling
20 establishments to meet the local fire and safety codes.
21 The facts supporting the alleged violations
22 are as follows: The building permits were not secured
23 before construction began on a conference room and it was
24 later discovered that the licensee failed to get permits
25 for the conversion of the casino redemption center and
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1 surveillance room.
2 As a result of the facts or allegations, the
3 Staff recommends that the Commission propose a three-
4 calendar-day suspension.
5 CHAIRMAN SHULL: Are there any questions for
6 Mr. Hinckley?
7 Is there a motion?
8 COMMISSIONER BRADLEY: I make a motion to
9 approve Disciplinary Complaint 08-117.
10 COMMISSIONER JONES: Second.
11 CHAIRMAN SHULL: A motion has been made and
12 seconded.
13 Is there further discussion?
14 Call the roll, please.
15 MS. FRANKS: Chairman Shull.
16 CHAIRMAN SHULL: Approved.
17 MS. FRANKS: Commissioner Jones.
18 COMMISSIONER JONES: Approved.
19 MS. FRANKS: Commissioner Plunkett.
20 COMMISSIONER PLUNKETT: Approved.
21 MS. FRANKS: Commissioner Bradley.
22 COMMISSIONER BRADLEY: Approved.
23 MS. FRANKS: By your vote you've adopted
24 Disciplinary Complaint DC-08-117.
25 MR. HINCKLEY: I now direct your attention
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1 to Tab D and Disciplinary Complaint No. 08-118 concerning
2 Level I Licensee David J. Murray, slots manager for HGI-
3 Mark Twain.
4 The violations alleged fall under -- in two
5 counts: Licensee's failure to safeguard assets and under
6 the CSRs 45-10.030 and the internal controls regarding
7 EGDs and the minimum standards for their maintenance.
8 The facts supporting the alleged violations
9 are as follows. In Count I, that the licensee had ended
10 up contacting MGC and informed MGC that six cash boxes
11 pulled from the property's EGDs were discovered in the EGD
12 maintenance room that should have been empty but they
13 ended up containing $60 in currency.
14 In Count II, the slot department again
15 contacted MGC and reported that seven EGDs contained
16 software that was previously revoked by MGC.
17 As a result of the factual allegations in
18 these two counts, the Staff recommends that the Commission
19 propose a three-calendar-day suspension.
20 I apologize. This is -- well, actually I
21 think I pointed out, this is for a Level I licensee,
22 David J. Murray.
23 COMMISSIONER JONES: Move for acceptance of
24 DC-08-118.
25 COMMISSIONER PLUNKETT: Second.
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1 CHAIRMAN SHULL: A motion has been made and
2 seconded.
3 Is there further discussion?
4 Hearing none, call the roll.
5 MS. FRANKS: Chairman Shull.
6 CHAIRMAN SHULL: Approved.
7 MS. FRANKS: Commissioner Jones.
8 COMMISSIONER JONES: Approved.
9 MS. FRANKS: Commissioner Plunkett.
10 COMMISSIONER PLUNKETT: Approved.
11 MS. FRANKS: Commissioner Bradley.
12 COMMISSIONER BRADLEY: Approved.
13 MS. FRANKS: By your vote you've adopted
14 Disciplinary Action DC-08-118.
15 MR. HINCKLEY: I now direct your attention
16 to Tab E and Disciplinary Complaint No. 08-119 concerning
17 Class A Licensee Ameristar Casino Kansas City.
18 The violations alleged fall under
19 11 CSR 45-5.180, which requires that poker tournament
20 chips bear the inscription no cash value.
21 The facts supporting the alleged violations
22 are as follows: During a 2006 audit it was discovered
23 that these chips were missing the inscription required.
24 The licensee told MGC that the chips would be ordered --
25 new chips with the inscription would be ordered before
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1 August 1st, 2007.
2 On August 22nd MGC -- excuse me -- an MGC
3 agent discovered that the same chips were still being used
4 and then later discovered that the chips were actually not
5 ordered until August 30th.
6 As a result of these factual allegations,
7 the Staff recommends that the Commission propose a $10,000
8 fine.
9 CHAIRMAN SHULL: Was there any reason given
10 for the amount of time that had elapsed before they were
11 ordered?
12 MR. HINCKLEY: I don't recall whether or
13 not -- I'm sure there was some reason given, Mr. Chairman.
14 I can check the report.
15 I believe that there was -- after the
16 discovery, that the licensee attempted to get a variance,
17 and that ended up being denied, but I don't believe that
18 that would have put off the original order and the
19 deadline.
20 But it appears there was an attempt to get a
21 variance to allow the use of the chips, or continue to
22 allow the use of the chips, which doesn't negate the audit
23 finding and the response to the audit finding which was
24 being -- causing the discipline.
25 CHAIRMAN SHULL: Are there any other
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1 questions?
2 COMMISSIONER BRADLEY: No.
3 COMMISSIONER JONES: Move for acceptance of
4 DC-08-119.
5 COMMISSIONER BRADLEY: Second.
6 CHAIRMAN SHULL: A motion has been made and
7 seconded.
8 Is there further discussion?
9 Hearing none, call the roll.
10 MS. FRANKS: Chairman Shull.
11 CHAIRMAN SHULL: Approved.
12 MS. FRANKS: Commissioner Jones.
13 COMMISSIONER JONES: Approved.
14 MS. FRANKS: Commissioner Plunkett.
15 COMMISSIONER PLUNKETT: Approved.
16 MS. FRANKS: Commissioner Bradley.
17 COMMISSIONER BRADLEY: Approved.
18 MS. FRANKS: By your vote you've adopted
19 Disciplinary Action DC-08-119.
20 MR. HINCKLEY: I now direct your attention
21 to Tab F and Disciplinary Complaint No. 08-120 concerning
22 Licensee Ameristar Casino Kansas City.
23 The violations alleged fall under the
24 internal controls requiring licensees to identify
25 disassociated persons at ticketing and the turnstiles and
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1 the internal controls requiring the Marketing Department
2 to maintain an accurate and updated disassociated person
3 list.
4 The facts supporting the alleged violations
5 here are as follows: During an MGC audit it was
6 discovered that two disassociated persons could not be
7 located in the licensee's player tracking system. As a
8 result of that, compliance was assured by the licensee.
9 During a later followup audit, one
10 disassociated person did not have an account and one
11 disassociated person was entered with the wrong Social
12 Security number.
13 As a result of these allegations, the Staff
14 recommends that the Commission propose a $5,000 fine.
15 CHAIRMAN SHULL: Are there any questions for
16 Mr. Hinckley?
17 COMMISSIONER BRADLEY: Has that system now
18 been corrected?
19 MR. HINCKLEY: The system -- there is going
20 to be a discussion regarding the system and what needs to
21 be done to make sure that this doesn't happen again, but
22 at this point I can't say where they are on making sure
23 that it is complete or the corrections have been made.
24 They are addressing the issue.
25 There is, I believe, a representative from
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1 Ameristar Kansas City here if further questions would like
2 to be asked of them.
3 COMMISSIONER BRADLEY: Is this the first
4 time it's happened?
5 MR. HINCKLEY: I believe this -- in recent
6 time the first -- in recent memory the first time this has
7 happened with a disassociated person list with this
8 licensee, but I can't speak, you know, to outside of a few
9 months.
10 COMMISSIONER JONES: Was there any
11 indication that either of the DAPs made it on to the
12 vessel?
13 MR. HINCKLEY: There is no indication that
14 any disassociated persons that they discovered with
15 incorrect information or a nonextinct account ever made it
16 aboard the casino. That would have been a further
17 finding.
18 COMMISSIONER JONES: Okay.
19 CHAIRMAN SHULL: Is there a motion?
20 COMMISSIONER PLUNKETT: I make a motion we
21 approve DC-18-120.
22 COMMISSIONER BRADLEY: Second.
23 CHAIRMAN SHULL: A motion is made and been
24 seconded.
25 Is there any further discussion?
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1 Hearing none, 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 Plunkett.
7 COMMISSIONER PLUNKETT: Approved.
8 MS. FRANKS: Commissioner Bradley.
9 COMMISSIONER BRADLEY: Approved.
10 MS. FRANKS: By your vote you've adopted
11 Disciplinary Complaint DC-08-120.
12 MR. HINCKLEY: I now direct your attention
13 to Tab G and Disciplinary Complaint No. 08-121 concerning
14 Class A Licensee Ameristar Casino St. Charles.
15 The violations alleged fall under
16 11 CSR 45-5.053 which requires that an occupational --
17 that occupational licensees at all times display their MGC
18 gaming badges or licenses.
19 The facts supporting the alleged violations
20 are as follows: The licensee's dealer, after what
21 appeared to be coaxing by a casino marketing rep, removed
22 his gaming badge and placed it on the table in front of
23 himself, as well as in front of a patron.
24 The patron then donned the badge and
25 entered the pit area for a few seconds, but a supervisor
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1 apparently observing this immediately ordered the
2 patron from the pit area and returned the badge to the
3 dealer.
4 As a result of these factual allegations,
5 the Staff recommends that the Commission propose a $10,000
6 fine.
7 COMMISSIONER JONES: Do you know,
8 Mr. Hinckley, I'm having a flashback. It seems like we
9 were going over this in -- what did Yogi Berra say,
10 deju-vu?
11 MR. HINCKLEY: Yogi Berra, yeah, all over
12 again.
13 COMMISSIONER JONES: Right. All over again.
14 Was there any alcohol involved in this?
15 MR. HINCKLEY: Not to my knowledge. Not to
16 the investigating officer's knowledge.
17 COMMISSIONER JONES: And this was just a
18 couple of seconds?
19 MR. HINCKLEY: Yes. Well, actually, I can
20 tell you that it was a couple of seconds from the
21 videotape from the evidence.
22 COMMISSIONER JONES: Okay.
23 MR. HINCKLEY: This was reported by the
24 licensee as well.
25 CHAIRMAN SHULL: Is there a motion?
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1 COMMISSIONER JONES: Move for acceptance of
2 DC-08-121.
3 COMMISSIONER PLUNKETT: Second.
4 CHAIRMAN SHULL: A motion is made and
5 seconded.
6 Is there any further discussion?
7 Hearing none, call the roll.
8 MS. FRANKS: Chairman Shull.
9 CHAIRMAN SHULL: Approved.
10 MS. FRANKS: Commissioner Jones.
11 COMMISSIONER JONES: Approved.
12 MS. FRANKS: Commissioner Plunkett.
13 COMMISSIONER PLUNKETT: Approved.
14 MS. FRANKS: Commissioner Bradley.
15 COMMISSIONER BRADLEY: Approved.
16 MS. FRANKS: By your vote you've adopted
17 Disciplinary Complaint DC-08-121.
18 MR. HINCKLEY: I now direct your attention
19 to Tab H and Disciplinary Complaint No. 08-122 concerning
20 Class A Licensee Herbst, the St. Joe Casino.
21 The violations alleged here fall under
22 11 CSR 45-10.030 and internal controls requiring the
23 casino safeguard from loss all casino assets and that EGD
24 doors be alarmed with an audible signal.
25 The facts supporting the alleged violations
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1 are as follows: that in September of 2007, September 14th
2 of 2007, there was a test of a sample of EGDs to ensure
3 compliance with an earlier issued advisory memo. When the
4 doors were opened, of the EGDs, there was no audible alarm.
5 On September 19th of 2007 another sample of
6 electronic gaming devices, or EGDs, was tested and the
7 same problem continued to exist.
8 As a result of these factual allegations,
9 the Commission -- I'm sorry -- the Staff recommends that
10 the Commission propose a $5,000 fine.
11 CHAIRMAN SHULL: Are there any questions for
12 Mr. Hinckley?
13 COMMISSIONER BRADLEY: Has the problem been
14 fixed?
15 MR. HINCKLEY: Yes, it has.
16 CHAIRMAN SHULL: Is there a motion?
17 COMMISSIONER PLUNKETT: I make a motion we
18 approve DC-08-122.
19 COMMISSIONER JONES: Second.
20 CHAIRMAN SHULL: A motion is made and
21 seconded.
22 Is there further discussion?
23 Hearing none, call the roll, please.
24 MS. FRANKS: Chairman Shull.
25 CHAIRMAN SHULL: Approved.
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1 MS. FRANKS: Commissioner Jones.
2 COMMISSIONER JONES: Approved.
3 MS. FRANKS: Commissioner Plunkett.
4 COMMISSIONER PLUNKETT: Approved.
5 MS. FRANKS: Commissioner Bradley.
6 COMMISSIONER BRADLEY: Approved.
7 MS. FRANKS: By your vote you've adopted
8 Disciplinary Complaint DC-08-122.
9 MR. HINCKLEY: I now direct your attention
10 to Tab I and Disciplinary Complaint No. 08-123 concerning
11 Class A Licensee Isle of Capri-Kansas City.
12 The violations here fall under -- the
13 alleged violations under 11 CSR 45-6.020, which requires
14 that gambling establishments meet the local fire and
15 safety codes.
16 The facts supporting the alleged violations
17 are as follows: That building permits were not secured
18 before construction began on a conference room. Later it
19 was discovered that the licensee failed to get permits for
20 conversion of the casino redemption center and
21 surveillance room.
22 As a result of these factual allegations,
23 the Staff recommends that the Commission propose a $20,000
24 fine.
25 I think you'll recall that this was
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1 connected to the allegations in Tab C.
2 CHAIRMAN SHULL: Any questions for
3 Mr. Hinckley?
4 COMMISSIONER BRADLEY: Were there any
5 problems with the permits? I mean, work was done in
6 accordance -- I mean, even though the permits were late
7 or --
8 MR. HINCKLEY: The permits were secured --
9 the permits to build the plans -- I think the process --
10 I'm sure everyone realizes the process to get the permits,
11 get the plans approved and then proceed.
12 So afterwards the work was approved as
13 appropriate. Otherwise, it would have been taken down and
14 redone.
15 COMMISSIONER BRADLEY: According to the
16 allegations, it was already in process. It was halfway
17 over -- halfway finished before the permits had even been
18 requested.
19 MR. HINCKLEY: I believe that was the case
20 in one portion, one construction project; however, there
21 were other ones that had been completed. These were all
22 internal to the structure, so not necessarily observable
23 from the public.
24 And in the areas of the casino, as you'll
25 recall, surveillance and I believe the other one was maybe
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1 an area conference room, conversion of casino redemption
2 and surveillance room which are limited to access, so not
3 open to the public.
4 CHAIRMAN SHULL: Is there a motion to
5 approve?
6 COMMISSIONER BRADLEY: I make a motion to
7 approve Disciplinary Complaint 08-123.
8 COMMISSIONER JONES: Second.
9 CHAIRMAN SHULL: A motion is made and
10 seconded.
11 Is there further discussion?
12 Call the roll, please.
13 MS. FRANKS: Chairman Shull.
14 CHAIRMAN SHULL: Approved.
15 MS. FRANKS: Commissioner Jones.
16 COMMISSIONER JONES: Approved.
17 MS. FRANKS: Commissioner Plunkett.
18 COMMISSIONER PLUNKETT: Approved.
19 MS. FRANKS: Commissioner Bradley.
20 COMMISSIONER BRADLEY: Approved.
21 MS. FRANKS: By your vote you've adopted
22 Disciplinary Complaint DC-08-123.
23 MR. HINCKLEY: I now direct your attention
24 to Tab J and Disciplinary Complaint No. 08-124 concerning
25 Class A Licensee Missouri Gaming Company, or Argosy
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1 Riverside Casino.
2 The violations alleged fall under the
3 internal controls that require that the electronic
4 signature records be updated at least monthly to reflect
5 changes in employment status or employee status.
6 The facts supporting the alleged violations
7 here are as follows: that in March of 2006 an MGC audit
8 revealed eight employees that had been terminated but
9 still had active electronic signature files.
10 In June of 2007 a review of the signature
11 files showed that 21 employees had been terminated but
12 still had active electronic signature files.
13 As a result of these factual allegations,
14 the Staff recommends that the Commission propose a $5,000
15 fine.
16 CHAIRMAN SHULL: Has this been corrected?
17 MR. HINCKLEY: Yes.
18 CHAIRMAN SHULL: Are there any other
19 questions for Mr. Hinckley?
20 Is there a motion?
21 COMMISSIONER PLUNKETT: I make a motion we
22 approve DC-08-124.
23 COMMISSIONER JONES: Second.
24 CHAIRMAN SHULL: A motion is made and
25 seconded.
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1 Is there further discussion?
2 Call the roll, please.
3 MS. FRANKS: Chairman Shull.
4 CHAIRMAN SHULL: Approved.
5 MS. FRANKS: Commissioner Jones.
6 COMMISSIONER JONES: Approved.
7 MS. FRANKS: Commissioner Plunkett.
8 COMMISSIONER PLUNKETT: Approved.
9 MS. FRANKS: Commissioner Bradley.
10 COMMISSIONER BRADLEY: Approved.
11 MS. FRANKS: By your vote you've adopted
12 Disciplinary Complaint DC-08-124.
13 MR. HINCKLEY: I now direct your attention
14 to Tab K and Disciplinary Complaint No. 08-125 concerning
15 Class A Licensee Pinnacle Entertainment, President Casino.
16 The violations alleged fall under
17 11 CSR 45-5.190, requiring that EGDs be subject to testing
18 prior to implementation and use.
19 The facts supporting the alleged violations
20 are as follows: After a switchover to a new EGD data
21 system which required that each EGD be Phase II retested
22 before being put into play, seven EGDs were discovered in
23 play that had not been Phase II retested.
24 As a result of these factual allegations,
25 the Staff recommends that the Commission propose a $10,000
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1 fine.
2 CHAIRMAN SHULL: Are there any questions for
3 Mr. Hinckley?
4 Is there a motion to approve?
5 COMMISSIONER BRADLEY: A motion to approve
6 Disciplinary Complaint 08-125.
7 COMMISSIONER PLUNKETT: Second.
8 CHAIRMAN SHULL: A motion has been made and
9 seconded.
10 Is there further discussion?
11 Hearing none, call the roll, please.
12 MS. FRANKS: Chairman Shull.
13 CHAIRMAN SHULL: Approved.
14 MS. FRANKS: Commissioner Jones.
15 COMMISSIONER JONES: Approved.
16 MS. FRANKS: Commissioner Plunkett.
17 COMMISSIONER PLUNKETT: Approved.
18 MS. FRANKS: Commissioner Bradley.
19 COMMISSIONER BRADLEY: Approved.
20 MS. FRANKS: By your vote you've adopted
21 Disciplinary Complaint DC-08-125.
22 MR. MCNARY: Mr. Chairman, Mr. Hinckley will
23 continue on with Settlement Agreements.
24 MR. HINCKLEY: I now direct your attention
25 to Tab L and Commission Resolution No. 08-031 regarding
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1 settlement agreement and waiver of hearings with Isle of
2 Capri-Caruthersville and underling disciplinary matter
3 No. 08-003.
4 In that matter the Commission issued a
5 $10,000 fine after hearing facts alleging that the
6 licensee had failed to appropriately train a licensed
7 dealer and as a result failed to protect casino assets.
8 Upon the Commission issuing the fine, the
9 licensee immediately contacted the Commission, took
10 responsibility for their actions and/or inactions, and as
11 a result the licensee and the Commission reached an
12 agreement whereby the matter could be settled for a
13 payment of $9,000. The Staff recommends that the
14 Commission approve this settlement agreement.
15 CHAIRMAN SHULL: Are there any questions for
16 Mr. Hinckley?
17 Is there a motion?
18 COMMISSIONER BRADLEY: A motion to approve
19 Commission Resolution No. 08-031.
20 COMMISSIONER JONES: Second.
21 CHAIRMAN SHULL: A motion has been made and
22 seconded.
23 Is there further discussion?
24 Hearing none, call the roll, please.
25 MS. FRANKS: Chairman Shull.
26
1 CHAIRMAN SHULL: Approved.
2 MS. FRANKS: Commissioner Jones.
3 COMMISSIONER JONES: Approved.
4 MS. FRANKS: Commissioner Plunkett.
5 COMMISSIONER PLUNKETT: Approved.
6 MS. FRANKS: Commissioner Bradley.
7 COMMISSIONER BRADLEY: Approved.
8 MS. FRANKS: By your vote you've adopted
9 Resolution No. 08-031.
10 MR. HINCKLEY: I now direct your attention
11 to Tab M and Commission Resolution No. 08-032 regarding
12 settlement agreement and waiver of hearings with Isle of
13 Capri-Caruthersville and the underlying disciplinary
14 matter 08-004.
15 In that matter the Commission issued a
16 $7,500 fine after hearing facts alleging that the licensee
17 had advertised for discount liquor prices.
18 Upon the Commission issuing the fine, the
19 licensee immediately contacted the Commission and took
20 responsibility for their actions.
21 As a result, the licensee and the Commission
22 reached an agreement whereby the matter could be settled
23 for a payment of $6,750. Staff recommends that the
24 Commission approve this settlement agreement.
25 CHAIRMAN SHULL: Are there any questions for
27
1 Mr. Hinckley?
2 Is there a motion?
3 COMMISSIONER PLUNKETT: I make a motion we
4 approve Resolution 08-032.
5 COMMISSIONER JONES: Second.
6 CHAIRMAN SHULL: A motion is made and
7 seconded.
8 Is there further discussion?
9 Hearing none, call the roll, please.
10 MS. FRANKS: Chairman Shull.
11 CHAIRMAN SHULL: Approved.
12 MS. FRANKS: Commissioner Jones.
13 COMMISSIONER JONES: Approved.
14 MS. FRANKS: Commissioner Plunkett.
15 COMMISSIONER PLUNKETT: Approved.
16 MS. FRANKS: Commissioner Bradley.
17 COMMISSIONER BRADLEY: Approved.
18 MS. FRANKS: By your vote you've adopted
19 Resolution No. 08-032.
20 MR. HINCKLEY: Thank you.
21 MR. MCNARY: Mr. Chairman, Item V, Licensure
22 of a Level I/Key Applicant, will be handled by
23 Sergeant David Leitman.
24 SERGEANT LEITMAN: Good morning,
25 Mr. Chairman, Commissioners.
28
1 CHAIRMAN/COMMISSIONERS: Good morning.
2 SERGEANT LEITMAN: A short list, just one
3 applicant today.
4 Missouri State Highway Patrol investigators,
5 along with the Gaming Commission financial investigators,
6 conducted a background investigation on a Level I
7 applicant. The investigation included, but was not
8 limited, to criminal, financial and general character
9 inquiries which were made in the jurisdictions where the
10 applicant lived, worked or frequented.
11 The following individual, Donald Curtis
12 Thomas, Security Manager for Isle of Capri/Caruthersville,
13 is presented to you for your consideration.
14 The results of the investigation have been
15 provided to the Missouri Gaming Commission Staff, and
16 their review is in your packets, along with the summary.
17 I'll be happy to answer any questions that
18 you may have on this applicant. I actually did this
19 investigation. That's why they sent me up today. So here
20 I am.
21 CHAIRMAN SHULL: Is there a motion to
22 approve?
23 COMMISSIONER JONES: A motion to approve
24 Resolution No. 08-033.
25 COMMISSIONER BRADLEY: Second.
29
1 CHAIRMAN SHULL: A motion is made and
2 seconded.
3 Is there further discussion?
4 Hearing none, call the roll.
5 MS. FRANKS: Chairman Shull.
6 CHAIRMAN SHULL: Approved.
7 MS. FRANKS: Commissioner Jones.
8 COMMISSIONER JONES: Approved.
9 MS. FRANKS: Commissioner Plunkett.
10 COMMISSIONER PLUNKETT: Approved.
11 MS. FRANKS: Commissioner Bradley.
12 COMMISSIONER BRADLEY: Approved.
13 MS. FRANKS: By your vote you've adopted
14 Resolution No. 08-033.
15 MR. MCNARY: Mr. Chairman, Item VI concerns
16 Extension of Liquor License Hours, to be handled by Dave
17 Welch.
18 MR. WELCH: Mr. Chairman, members of the
19 Commission, Isle of Capri-Kansas City has requested to
20 have extended liquor licenses to 3:00 a.m. off the gaming
21 floor.
22 Isle of Capri-Kansas City is located in a
23 convention trade area in Kansas City where they allow
24 3:00 a.m. sale of alcoholic beverages, and they have
25 requested permission to do that on their facility.
30
1 We have not had any major problems with Isle
2 of Capri regarding alcoholic beverages.
3 CHAIRMAN SHULL: Are there any questions for
4 Mr. Welch?
5 Is there a motion to approve?
6 COMMISSIONER JONES: Motion to approve
7 Resolution No. 08-034.
8 COMMISSIONER BRADLEY: Second.
9 CHAIRMAN SHULL: A motion has been made and
10 seconded.
11 Is there further questions?
12 Hearing none, call the roll.
13 MS. FRANKS: Chairman Shull.
14 CHAIRMAN SHULL: Approved.
15 MS. FRANKS: Commissioner Jones.
16 COMMISSIONER JONES: Approved.
17 MS. FRANKS: Commissioner Plunkett.
18 COMMISSIONER PLUNKETT: Approved.
19 MS. FRANKS: Commissioner Bradley.
20 COMMISSIONER BRADLEY: Approved.
21 MS. FRANKS: By your vote you've adopted
22 Resolution No. 08-034.
23 MR. MCNARY: Mr. Chairman, Item VII concerns
24 the Extension of Licensure of Pinnacle.
25 You may recall that we gave Pinnacle Lumiere
31
1 a three-month license. It comes up for this meeting, and
2 Staff recommends that that license be extended for four
3 months, 120 days, until after the July Commission meeting.
4 We believe that they're on target to complete the
5 necessary changes that we're looking for.
6 CHAIRMAN SHULL: Do all of the covenants
7 that applied to the initial licensing still apply?
8 MR. MCNARY: They would. And this would
9 just be a continuation of those covenants.
10 CHAIRMAN SHULL: Are there any further
11 questions?
12 Is there a motion?
13 COMMISSIONER PLUNKETT: I make a motion we
14 approve Resolution 08-035.
15 COMMISSIONER JONES: Second.
16 CHAIRMAN SHULL: A motion is made and
17 seconded.
18 Is there further discussion?
19 Hearing none, call the roll.
20 MS. FRANKS: Chairman Shull.
21 CHAIRMAN SHULL: Approved.
22 MS. FRANKS: Commissioner Jones.
23 COMMISSIONER JONES: Approved.
24 MS. FRANKS: Commissioner Plunkett.
25 COMMISSIONER PLUNKETT: Approved.
32
1 MS. FRANKS: Commissioner Bradley.
2 COMMISSIONER BRADLEY: Approved.
3 MS. FRANKS: By your vote you've adopted
4 Resolution No. 08-035.
5 MR. MCNARY: Mr. Chairman, Item VIII on the
6 agenda concerns Regulation 11 CSR 45-10.051 which was
7 before the Joint Commission on Administrative Rules.
8 There was an extensive discussion about this
9 particular regulation and we withdrew our rule, mostly
10 because it seemed to be an impossible situation. It was
11 easier for us to withdraw the rule and rework it and bring
12 it back to you and start over again than to belabor it.
13 This action and what Staff is recommending
14 is that you ratify our withdrawal of that rule.
15 CHAIRMAN SHULL: Are there any questions?
16 Is there a motion?
17 COMMISSIONER BRADLEY: Move to approve
18 Commission Resolution No. 08-036.
19 COMMISSIONER PLUNKETT: Second.
20 CHAIRMAN SHULL: A motion made and seconded.
21 Is there further discussion?
22 Hearing none, call the roll, please.
23 MS. FRANKS: Chairman Shull.
24 CHAIRMAN SHULL: Approved.
25 MS. FRANKS: Commissioner Jones.
33
1 COMMISSIONER JONES: Approved.
2 MS. FRANKS: Commissioner Plunkett.
3 COMMISSIONER PLUNKETT: Approved.
4 MS. FRANKS: Commissioner Bradley.
5 COMMISSIONER BRADLEY: Approved.
6 MS. FRANKS: By your vote you've adopted
7 Resolution No. 08-036.
8 MR. MCNARY: Mr. Chairman, Item IX on the
9 agenda was added a few days ago. It concerns an amended
10 final order of rulemaking, and Counsel David Welch will
11 explain this.
12 MR. WELCH: This amended order of rulemaking
13 deals with 11 CSR 45-4.050. We amended the fees in
14 055 -- well, originally the proposal was to amend 050.
15 Then because of the timing provided in paragraph 1 on
16 applying for applications that was changed to 055.
17 In consultation with the Secretary of
18 State's Office and the Joint Committee on Administrative
19 Rules, they suggested that we delete paragraphs 2 through
20 4 which are dealt with in 055.
21 So what we are deleting here is dealt with
22 in 055 and would be taken care of at that location.
23 So all we are doing is deleting something
24 that is dealt with in another rule that has already been
25 adopted.
34
1 CHAIRMAN SHULL: Are there any questions for
2 Mr. Welch?
3 Is there a motion to approve?
4 COMMISSIONER PLUNKETT: I make a motion we
5 approve 11 CSR 45-4.050 as amended.
6 COMMISSIONER BRADLEY: Second.
7 CHAIRMAN SHULL: A motion is made and
8 seconded.
9 Any further discussion?
10 Hearing none, call the roll, please.
11 MS. FRANKS: Chairman Shull.
12 CHAIRMAN SHULL: Approved.
13 MS. FRANKS: Commissioner Jones.
14 COMMISSIONER JONES: 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 the
20 amended final order of rulemaking, 11 CSR 45-4.050.
21 MR. MCNARY: That's the agenda and it's not
22 even 40 minutes.
23 CHAIRMAN SHULL: Is there a motion to go
24 into closed session?
25 COMMISSIONER JONES: Mr. Chairman, I move to
35
1 close this meeting to receive, discuss and consider the
2 following matters: Closed minutes or other closed records
3 under Statutes 610-021(14) and 313.847.1.
4 CHAIRMAN SHULL: Is there a second?
5 COMMISSIONER PLUNKETT: Second.
6 CHAIRMAN SHULL: A motion is made and
7 seconded.
8 Is there further discussion?
9 Call the roll, please.
10 MS. FRANKS: Chairman Shull.
11 CHAIRMAN SHULL: Approved.
12 MS. FRANKS: Commissioner Jones.
13 COMMISSIONER JONES: Approved.
14 MS. FRANKS: Commissioner Plunkett.
15 COMMISSIONER PLUNKETT: Approved.
16 MS. FRANKS: Commissioner Bradley.
17 COMMISSIONER BRADLEY: Approved.
18 CHAIRMAN SHULL: Thank you.
19 (Open meeting concluded.)
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1
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3 CERTIFICATE OF REPORTER
4
5 I, Patricia A. Stewart, RMR, RPR, CCR, a
6 Certified Court Reporter in the State of Missouri, do
7 hereby certify that the testimony that appears in the
8 foregoing transcript was taken by me to the best of my
9 ability and thereafter reduced to typewriting by me; that
10 I am neither counsel for, related to, nor employed by any
11 of the parties to the action in which this hearing was
12 taken, and further that I am not a relative or employee of
13 any attorney or counsel employed by the parties thereto,
14 nor financially or otherwise interested in the outcome of
15 the action.
16
17
18 __________________________
19 Patricia A. Stewart
20 CCR No. 401
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