La. Admin. Code tit. 42 § XI-2403

Current through Register Vol. 50, No. 11, November 20, 2024
Section XI-2403 - Definitions

A. The provisions of the Louisiana video draw poker devices control law relating to the definitions of words, terms, and phrases are hereby incorporated by reference and made a part hereof, and shall apply and govern the interpretation of these regulations, except as otherwise specifically declared or as is clearly apparent from the context of the regulations herein. The following words, terms, and phrases shall have the ascribed meaning indicated below.

Act-the provisions of Chapter 8 of Title 27, R.S. 27:401-457 and its amendments hereafter.

Advertise or Advertising-to issue an advertisement.

Advertisement-public notice or announcement of gaming activities, gaming promotions, or of a gaming establishment. Public notice or announcement includes, but is not limited to, all written communication, signage, and radio or television broadcasts.

Agent- any commissioned Louisiana state police trooper or designated employee of the State of Louisiana, Department of Public Safety and Corrections, Office of State Police, Video Gaming Division.

Applicant- the person who has completed an application to the division for a license or permit to participate in the video gaming industry in Louisiana.

Application- the process by which a person requests a license or permit, or the renewal of a license or permit, for participation in the video gaming industry in Louisiana.

Audit Tape- an exact copy of each printed ticket voucher retained within the device pursuant to the Act.

Designated Representative- an employee designated by the licensee to oversee and assume responsibility for the operation of the licensed establishment.

Device- a video draw poker device which complies with the rules of the division and the Act.

Electronic Funds Transfer, hereinafter referred to as a Sweep- any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument that is initiated through an electronic terminal, telephone, computer, or magnetic tape for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit an account.

Encourage Play-see Promote or Promoting.

Enrolling Procedure- the process by which a device is linked to and monitored by the central computer system of the division.

Facility- the premises of a business which is licensed to house or offer for play video gaming devices within this state.

Inspection- the observation or examination by any agent of the division of any premises or motor vehicles of the licensee or applicant where video gaming devices and related equipment may be manufactured, distributed, stored, possessed, or offered for play, or any inquiry procedures necessary to discover facts or things related/connected to video gaming in any way.

Interstate Highway- a fully controlled access highway which is part of the National System of Interstate and Defense Highways.

Licensee- any applicant or person who is granted a license by the division permitting video gaming activities that are authorized by the Act. The authorized activity of all licensees shall be limited to the type of license issued to each.

Maintenance- the routine servicing of any video gaming device, excluding the logic board, software, and electronic (soft) and mechanical (hard) meters, and other servicing which provides for the efficient operation of the device.

Major State Highway- a through highway as defined in R.S. 32:1 and which has been designated as a state highway by the Louisiana Department of Transportation and Development.

Minors- every natural person under the age of 18 years.

Mixed Patronage- a clientele which includes both minors and adults.

Nonvolatile Memory- a type of memory in which data stored in the memory is not lost when the power is turned off.

Notify or Notification-the act of providing notice of an event through written communication, including electronic transmission, as required by these rules.

Offense- any violation of the Act or these rules or any other criminal conduct.

Permittee-for purposes of these rules, shall have the same meaning as "video draw poker employee" as provided in R.S. 27:402.

Premises- land, together with all buildings, improvements, equipment, and personal property located thereon which is controlled by an applicant or a licensee, and associated with video gaming activities authorized by the Act.

Promote or Promoting-to engage in a promotion.

Promotion-an activity, prize, or event offered or held on the premises of a licensed video poker establishment for the purpose of directly encouraging or rewarding the play of video poker devices at the establishment. For the purpose of this Part, promotion does not include on-premises advertising of the promotional activity, prize, or event.

RAM Clear Chip-an erasable programmable read-only memory or other media memory storage device as approved by the division which contains a program specifically designed to clear volatile and nonvolatile memory sections of a logic board for a video gaming device.

Resident- any natural person who is domiciled in the state or who demonstrates that he maintains a permanent place of abode within the state, and who has resided and/or been domiciled in the state of Louisiana for a period of two years prior to the date of his application for a license.

Security Interest Holder- any person who loans money for the purpose of financing devices, and uses the devices as collateral. This shall also include a lessor of devices.

Shipment- any physical movement of a video gaming device from a manufacturer to a distributor, from a distributor to a device owner, or vice versa either into the state, from the state, or within the state.

Ticket Voucher- a ticket which is printed by a video gaming device by use of a player-activated switch providing the player with a printed record of credits owed.

Transfer- the physical movement of a video gaming device by a device owner to or from a licensed establishment where a change of ownership does not occur.

Validation Decal- the decal furnished by the division and placed on a device indicating that the device meets the criteria established by the division, and that the particular device has been enrolled by the division.

Video Gaming Device- for purposes of these rules, shall have the same meaning as video draw poker device.

Volatile Memory- a type of memory in which data stored in the memory is lost when the power is turned off.

Warehouse- a secure and limited access structure or room, approved by the division, utilized for the storage of video gaming devices and/or their components.

Written Reprimand- a written notification from the division to a licensee which outlines any violation of these rules.

La. Admin. Code tit. 42, § XI-2403

Promulgated by the Department of Public Safety and Corrections, Office of State Police, Gaming Enforcement Section, Video Gaming Division, LR 18:196 (February 1992), amended LR 21:582 (June 1995), amended by the Department of Public Safety and Corrections, Gaming Control Board, LR 30:266 (February 2004), repromulgated LR 30:439 (March 2004), amended LR 32:108 (January 2006), LR 36:2045 (September 2010), LR 38:2935 (November 2012), LR 40:1108 (June 2014), repromulgated LR 40:1382 (July 2014).
AUTHORITY NOTE: Promulgated in accordance with R.S. 33:4862.1 et seq.