Part 355. Rules for Franchise Holders Operating Electronic Games of Skill

23 CAR § 355-412. Application for renewal of a key or general employee license. (a) The application for renewal of an employee license shall include: (1) A duly completed original and a photocopy of the Arkansas Racing Commission personal history disclosure form which shall conta…

23 CAR § 355-413. Processing of the application for renewal of key or general employee license. (a)(1) The Arkansas Racing Commission shall determine if the renewal application filed complies with all the requirements provided in this part and if any deficiency is found, it shall…

23 CAR § 355-414. Responsibility for establishing qualifications and to disclose and cooperate. (a) Each applicant shall be responsible for providing the information, documentation, and assurances required for establishing through clear and convincing evidence that his or her qua…

23 CAR § 355-415. Identification of the applicant. Every applicant for an employee license shall establish his or her identity with reasonable certainty by providing the necessary identification credentials.

23 CAR § 355-416. Fees payable. (a) The fees payable for the initial or renewal application for employee license shall be determined by the Arkansas Racing Commission. (b) Applications for an initial license and every third year after initial license will be required to pay to th…

23 CAR § 355-417. Employees working without an employee license. No employee with an expired license shall work in a position or shall exercise functions for which such license is required, with the understanding that if such employee is found working without a current and valid …

23 CAR § 355-418. Payment of fees, regulatory sanctions — No refunds of payments. (a)(1) No application shall be accepted for filing or processed by the Arkansas Racing Commission except upon full payment of all required: (A) Fees; (B) Civil penalties; or (C) Regulatory sanctions…

23 CAR § 355-419. Miscellaneous administrative charges. (a) Any lost key employee license shall be replaced by the Arkansas Racing Commission at a cost to be determined by the commission. (b) Any change to the employee license requested by the employee which was not caused by an …

23 CAR § 355-420. Change of position or place of work. (a) Any natural person who carries out any of the functions described in 23 CAR § 355-405 or one which is similar in nature to said functions, and for any reasons the person’s functions change to any of the functions which ar…

23 CAR § 355-421. Carrying of licenses and credentials. (a) Any person to whom the Arkansas Racing Commission has issued an employee license must carry on his or her person, or wear in a visible and conspicuous manner, the employee license at all times when on the premises of the…

23 CAR § 355-422. Authority of commission — Licensing. Nothing provided in this part shall be interpreted as limiting authority and powers of the Arkansas Racing Commission to at any time: (1) Investigate the qualifications of any holder of an employee license; and (2) Suspend, r…

23 CAR § 355-423. Transitory provisions. (a) Any person who, on the effective date of this part, who in accordance with the provisions of this part would need an employee license, shall file an initial application within the thirty (30) days following the effective date of this p…

23 CAR § 355-424. Sanctions. (a) The Arkansas Racing Commission may initiate regulatory enforcement actions against any person licensed under this part. (b) Any person who willfully fails to report, pay, or truthfully account for and pay any license application fee, investigative…

23 CAR § 355-501. Payment requirements. (a) Franchise holders conducting wagering on electronic games of skill under this subpart shall pay the following fees for the privilege of conducting the wagering: (1) An amount equal to eighteen percent (18%) of the net wagering revenues …

23 CAR § 355-502. Distribution of privilege fees, license fees, etc. (a) All privilege fees received by the Secretary of the Department of Finance and Administration required by this part shall be deposited in the State Treasury as general revenues. (b) All permit or license fees…

23 CAR § 355-601. Exclusions — Inimicals, cheats, career criminals — Definitions. The following words and terms, when used in this subpart, shall have the following meanings unless the context clearly indicates otherwise: (1) “Candidate” means any person whose name is included on…

23 CAR § 355-602. Maintenance and distribution of list. (a) The Arkansas Racing Commission shall maintain a list of persons to be excluded from a franchise holder’s premises. (b)(1) The list shall be distributed to every franchise holder in the State of Arkansas on at least a qua…

23 CAR § 355-603. Criteria for exclusion. The exclusion list may include any person who meets the following criteria: (1) A career or professional offender whose presence in a franchise holder’s premises would be contrary to the interests of the State of Arkansas; (2) An associat…

23 CAR § 355-604. Procedure for entry of names. (a) The Arkansas Racing Commission shall, on its own initiative, or upon referral by the franchise holder, investigate or review any individual who would appear to be an appropriate candidate for placement on the exclusion list. (b)…

23 CAR § 355-605. Duty of franchise holder — Excluded persons. (a) A franchise holder shall exclude or eject any person that has been placed on the exclusion list. (b) If an excluded person enters, attempts to enter, or is in a franchise holder premises and is recognized by the f…

23 CAR § 355-606. Removal from the exclusion list. (a) An excluded person may petition the Arkansas Racing Commission to remove his or her name from the exclusion list. (b) The petition for removal shall state with specificity the grounds believed by the petitioner to constitute …

23 CAR § 355-701. Obligation of franchise holder — Underage. A franchise holder, or any agent or employee thereof, shall not: (1) Allow a person who has not attained twenty-one (21) years of age to play any EGS; (2) Allow a person who has not attained twenty-one (21) years of age…

23 CAR § 355-702. Remitting forfeited funds from underage gaming. Franchise holder each quarter shall report and remit to the EGS Section of the Arkansas Racing Commission all winnings withheld from patrons who are determined to be less than twenty-one (21) years of age.

23 CAR § 355-703. Sanctions on franchise holder for underage gaming. Any person to whom a license has been issued pursuant to the provisions of Acts 2005, No. 1151, or this part, who is found by the Arkansas Racing Commission to have intentionally allowed a person less than twent…

23 CAR § 355-801. Days and hours of operation. (a)(1) Days and hours of operation shall be determined by the franchise and approved by the Arkansas Racing Commission. (2) Changes to approved days and hours of operation shall be submitted to the commission for approval prior to im…

23 CAR § 355-802. Commission office space at each licensed facility. (a) There shall be, for the exclusive use of the Arkansas Racing Commission agents, office space at each franchise holder’s licensed premises for monitoring and recording purposes. (b) The designation of the EGS…

23 CAR § 355-901. Accounting and security records. (a) Each franchise holder shall maintain complete, accurate, and legible records of all transactions pertaining to the revenues and costs for each establishment. (b)(1) General accounting records shall be maintained on a double e…

23 CAR § 355-902. Franchise holder’s system of internal controls to be submitted to the commission. (a)(1)(A) Each franchise holder shall submit to the Arkansas Racing Commission a narrative description of its system of internal procedures and administrative and accounting contro…

23 CAR § 355-903. Franchise holder’s system of internal controls not required to be submitted to the commission. (a) Each franchise holder offering gaming operations shall make available to the Arkansas Racing Commission for inspection and approval, which are not required to be s…

23 CAR § 355-904. Records regarding ownership. (a) In addition to other records and information required by this part, each franchise holder shall maintain the following records regarding the equity structure and owners. (b) If a corporation: (1) A certified copy of articles of i…

23 CAR § 355-905. Standard financial and statistical reports. (a)(1) Each franchise holder, unless specifically exempted by the Arkansas Racing Commission, shall file annual reports of financial and statistical data as required by the commission. (2) The data may be used by the c…

23 CAR § 355-906. Annual audit and other reports. (a) Each franchise holder, unless specifically exempted by the Arkansas Racing Commission, shall, at its own expense, cause its annual financial statements to be audited in accordance with generally accepted auditing standards by …

23 CAR § 355-907. Retention, storage, and destruction of books, records, and documents. (a) All original books, records, and documents pertaining to the franchise holder’s operations shall be: (1) Prepared and maintained in a complete, accurate, and legible form; (2) Retained on …