Part 358. Casino Gaming Rules

23 CAR § 358-1001. Officials not to hold casino licenses or related approvals. (a) Prohibition. No state casino license, finding of suitability, or approval, the granting of which requires an application to be made to the Arkansas Racing Commission, shall be held by nor granted t…

23 CAR § 358-101. Amendment definitions, words, and terms — Tense, number, and gender. The provisions of The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100, relating to definitions, tense, number, and gender apply and govern the interpretation of t…

23 CAR § 358-102. Definitions. As used in this part: (1) “Amendment” means The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100; (2) “Automated teller machine” or “ATM” means an automated bank teller machine capable of dispensing cash; (3) “Card game…

23 CAR § 358-1101. Definitions. As used in this subpart: (1) “Book” means a race book or sports pool licensed and approved pursuant to this part; (2) Except as otherwise provided, “commission” means the Arkansas Racing Commission or the commission’s designee; and (3) “Chip” means…

23 CAR § 358-1102. Approval of chips — Applications and procedures. (a)(1) A licensee shall not issue any chips for use in its gaming establishment, or redeem any such chips, unless the chips have been approved in writing by the Arkansas Racing Commission. (2) A licensee shall no…

23 CAR § 358-1103. Specifications for chips. (a)(1) Chips must be designed, manufactured, and constructed in compliance with all applicable statutes, rules, regulations, and policies of the United States, Arkansas, and other states, and so as to prevent counterfeiting of the chip…

23 CAR § 358-1104. Specifications for chips. (a) Unless the Arkansas Racing Commission approves otherwise, chips must be disk-shaped, must be one hundred thirty thousandths-inch (0.130”) thick, and must have a diameter of: (1) One and fifty-five hundredths inches (1.55”) for chip…

23 CAR § 358-1105. Use of chips. (a) Chips are solely representatives of value which evidence a debt owed to their custodian by the licensee that issued them and are not the property of anyone other than that licensee. (b) A licensee that uses chips at its gaming establishment sh…

23 CAR § 358-1106. Redemption and disposal of discontinued chips. (a)(1) A licensee that permanently removes from use or replaces approved chips at its gaming establishment, or that ceases operating its gaming establishment whether because of closure or sale of the establishment …

23 CAR § 358-1107. Destruction of counterfeit chips. (a) As used in this section, “counterfeit chips” means any chip-like objects that have not been approved pursuant to this subpart, including objects commonly referred to as “slugs”, but not including coins of the United States …

23 CAR § 358-1108. Promotional and tournament chips. (a) As used in this section, “promotional chip” means a chip-like object issued by a licensee for use in promotions or tournaments at the licensee’s gaming establishment. (b) Promotional chips must be designed, manufactured, ap…

23 CAR § 358-1109. Other instrumentalities. Other instrumentalities with which gaming is conducted must be designed, manufactured, approved, used, discontinued, destroyed, or otherwise disposed of in accordance with the provisions of this subpart applicable to chips, except as fo…

23 CAR § 358-1201. Definitions. As used in this subpart, unless the context otherwise requires: (1) “Assume responsibility” means to acquire complete control over, or ownership of: (A) A gaming device; (B) A cashless wagering system; (C) A mobile gaming system; or (D) An interact…

23 CAR § 358-1202. Policy. Gaming devices and associated equipment that incorporate innovative, alternative, and advanced technology are beneficial to and in the best interests of the State of Arkansas and it is the policy of the Arkansas Racing Commission to encourage the develo…

23 CAR § 358-1203. Determination of suitability. (a) A person is not subject to licensing in connection with activities performed as an independent contractor provided that a person who is licensed under the provisions of this section assumes responsibility for the design, develo…

23 CAR § 358-1204. Manufacturer’s agreements with independent contractors. Any agreement between a licensed manufacturer and an independent contractor shall provide for termination without continuing obligation of the licensed manufacturer in the event the independent contractor:…

23 CAR § 358-1205. Manufacturer’s responsibilities for independent contractors. (a) Each licensed manufacturer must: (1) Complete a review of any software, source language, or executable code designed, developed, produced, or composed by an independent contractor for compliance w…

23 CAR § 358-1206. Certain themes prohibited in association with gaming devices or slot machines. (a) A gaming device or gaming device modification submitted for approval by a manufacturer or made available for play by a licensee must not use a theme that: (1) Is derived from or …

23 CAR § 358-1207. Approval of gaming devices and the operation of new intercasino-linked systems, applications, and procedures. (a) A manufacturer or distributor shall not distribute a gaming device in Arkansas and a licensee shall not offer a gaming device for play unless it ha…

23 CAR § 358-1208. Minimum standards for gaming devices. (a) All gaming devices must: (1) Theoretically pay out a mathematically demonstrable percentage of all amounts wagered over the life of the game, which must not be less than eighty-three percent (83%) for each wager availab…

23 CAR § 358-1209. Minimum standards for intercasino-linked systems. All intercasino-linked systems submitted for approval shall: (1)(A) In the case of an intercasino-linked system featuring a progressive payoff schedule that increases as the intercasino-linked system is played, …

23 CAR § 358-1210. Technical standards. (a) The Arkansas Racing Commission shall publish technical standards for approval of: (1) Gaming devices; (2) Online slot metering systems; (3) Cashless wagering systems; and (4) Associated equipment. (b) The commission shall: (1) Publish n…

23 CAR § 358-1211. Employment of individual to respond to inquiries from the commission. (a)(1) Each manufacturer and operator shall employ or retain an individual who understands the design and function of each of its gaming devices, cashless wagering systems, intercasino-linked…

23 CAR § 358-1212. Commission evaluation of new gaming devices. (a) The Arkansas Racing Commission may require transportation of not more than two (2) working models of a new gaming device to the new game lab of the commission or some other location for review and inspection. (b)…

23 CAR § 358-1213. Commission evaluation of intercasino-linked systems. (a) The Arkansas Racing Commission may require transportation of not more than one (1) working model of an intercasino-linked system to the commission’s offices or some other location for review and inspectio…

23 CAR § 358-1214. Field test of new gaming devices and new intercasino-linked systems. (a)(1) The Arkansas Racing Commission, in accordance with this part, may allow or require that one (1) or more models of a new gaming device or intercasino-linked system be tested at a license…

23 CAR § 358-1215. Certification by manufacturer. (a)(1) After completing its evaluation of a new gaming device, the Arkansas Racing Commission’s new games lab shall send a report of its evaluation to the manufacturer seeking approval of the device. (2) The report must include an…

23 CAR § 358-1216. Final approval of new gaming devices and new intercasino-linked systems. (a) After completing its evaluation of the new gaming device or the operation of a new intercasino-linked system, the Arkansas Racing Commission shall recommend whether the application for…

23 CAR § 358-1217. Installation of a system-based game or a system-supported game. (a) A licensee shall not install or use a system-based game or system-supported game without prior written approval of the system network implementation from the Arkansas Racing Commission. (b) Add…

23 CAR § 358-1218. Approval to modify gaming devices or intercasino-linked systems — Applications and procedures. (a)(1) Modifications to gaming devices may only be made by licensed manufacturers who have received prior written approval of the Arkansas Racing Commission. (2) Inte…

23 CAR § 358-1219. Commission evaluation of modifications. (a)(1) The Arkansas Racing Commission may require transportation of not more than two (2) working models of a modified gaming device or not more than one (1) working model of a modified intercasino-linked system, or any c…

23 CAR § 358-1220. Field test of modified gaming devices and modified intercasino-linked systems. (a) The Arkansas Racing Commission may allow or require that one (1) or more models of a modified gaming device or modified intercasino-linked system be tested at a licensed gaming e…

23 CAR § 358-1221. Final approval of modifications. The Arkansas Racing Commission shall notify the manufacturer or operator in writing of the commission’s decision to approve or disapprove a modification.

23 CAR § 358-1222. Duplication of program storage media. A licensee other than a manufacturer shall not duplicate the contents of gaming device program storage media unless its duplication process has received written approval of the Arkansas Racing Commission.

23 CAR § 358-1223. Marking, registration, and distribution of gaming devices. (a) Except as otherwise provided in subsection (b) of this section, a manufacturer or distributor shall not distribute a gaming device unless the gaming device has: (1) A permanent serial number which m…

23 CAR § 358-1224. Approval for category I licensees to distribute gaming devices out of Arkansas — Applications and procedure — Recordkeeping requirements for category II licensees — Extraterritorial distribution compliance — Inspection of facilities and devices. (a)(1) Subject …

23 CAR § 358-1225. Approval for certain licensees to sell or dispose of gaming devices. (a) A licensee, other than a manufacturer and distributor, shall not dispose of gaming devices without the prior written approval of the Department of Finance and Administration, unless the de…

23 CAR § 358-1226. Maintenance of gaming devices. (a) A licensee shall not alter the operation of approved gaming devices and shall maintain the gaming devices in a suitable condition. (b) Each licensee shall keep a written list of repairs made to gaming devices offered for play …

23 CAR § 358-1227. Approval of promotional devices — Applications and procedures. (a) As used in this section, “promotional device” means a contrivance that resembles a gaming device or slot machine that: (1) Is playable without a wager being made; or (2) Always pays out an amoun…

23 CAR § 358-1228. Summary suspension of approval of gaming devices and intercasino-linked systems. (a) The Arkansas Racing Commission may issue a summary order, with or without notice to the manufacturer, distributor, operator, or licensee, suspending approval of a gaming device…

23 CAR § 358-1229. Approval of new games and game variations — Applications and procedures. (a)(1) A licensee shall not offer a new game for play unless the new game has been approved by the Arkansas Racing Commission. (2) A licensee shall not offer a game variation for play unle…

23 CAR § 358-1230. Field trials of new games and game variations. (a) The Arkansas Racing Commission may allow or require that a new game or game variation to be tested at a licensed gaming establishment for not more than one hundred eighty (180) days under terms and conditions t…

23 CAR § 358-1231. Final approval of new games. (a) The Arkansas Racing Commission shall recommend to the commission whether the application for approval of the new game should be granted. (b) In considering whether a new game will be given final approval, the commission shall co…

23 CAR § 358-1232. Approval of associated equipment — Applications and procedures. (a)(1) Unless otherwise waived pursuant to subsection (b) of this section, a manufacturer or distributor of associated equipment shall not distribute associated equipment unless it has been approve…

23 CAR § 358-1233. Commission evaluation of associated equipment. (a) The Arkansas Racing Commission may require transportation of not more than two (2) working models of associated equipment to the new game lab of the commission or some other location for review and inspection. …

23 CAR § 358-1234. Field trial of associated equipment. (a)(1) The Arkansas Racing Commission may allow or require that the associated equipment be tested at licensed gaming establishments for not more than one hundred eighty (180) days under terms and conditions that the commiss…

23 CAR § 358-1235. Installation of associated equipment. (a)(1) Except as otherwise provided in this part, a licensee shall not install or use associated equipment without prior written approval of the Arkansas Racing Commission, unless the commission has waived the approval requ…

23 CAR § 358-1236. Maintenance of associated equipment. The manner in which previously approved associated equipment operates may be altered only with the prior written approval of the Arkansas Racing Commission.

23 CAR § 358-1237. Manufacturer or distributor of associated equipment — Registration of a manufacturer or distributor of associated equipment — Applications and procedures. (a) The initial application for registration and the application for renewal of registration shall be made…

23 CAR § 358-1238. Manufacturer or distributor of associated equipment — Determination of suitability. (a) In addition to the requirements of this subpart requiring a manufacturer or distributor of associated equipment to be registered, the Arkansas Racing Commission may require …