Part 358. Casino Gaming Rules

23 CAR § 358-526. Waiver of requirements of rules. (a) Upon written request and good cause shown, the Arkansas Racing Commission may waive one (1) or more of the requirements of the rules in this subpart. (b) If a waiver is granted, the commission may impose alternative requireme…

23 CAR § 358-601. Definitions. As used in this subpart: (1) “Affiliate” means business companies, organizations, or individuals are affiliates of each other if, directly or indirectly, either one has the power to control the other, or a third party controls or has the power to co…

23 CAR § 358-602. Commission audit procedures. (a)(1) The CGS of the Office of Field Audit shall act at the direction of the Arkansas Racing Commission pursuant to the authority granted to the commission under The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, A…

23 CAR § 358-603. Procedure for reporting, using, and paying gaming taxes and fees. (a) Licensees conducting casino gambling under The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100, shall pay the net gaming receipts tax: (1) Thirteen percent (13%)…

23 CAR § 358-604. Accounting records. (a) Each licensee shall maintain complete, accurate, and legible records of all transactions pertaining to the revenues and costs for each establishment. (b)(1)(A) General accounting records shall be maintained on a double-entry system of acc…

23 CAR § 358-605. Online slot metering systems. (a)(1) Casino gaming must at a minimum utilize an online monitoring system that maintains all financial and security data. (2) The rules outlined within this section apply to all critical systems (systems that have an effect on the …

23 CAR § 358-606. Records of ownership. (a)(1) In addition to other records and information required by this subpart, each licensee shall maintain the following records regarding the equity structure and owners. (2) If a corporation: (A) A certified copy of articles of incorporat…

23 CAR § 358-607. Record retention — Noncompliance. (a) All original books, records, and documents pertaining to the licensee’s operations shall be: (1) Prepared and maintained in a complete, accurate, and legible form; (2) Retained on-site or at another secure location approved …

23 CAR § 358-608. Standard financial statements. (a)(1) Each licensee, 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 commission to evaluate…

23 CAR § 358-609. Audited financial statements. (a) Each licensee, 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 an indepen…

23 CAR § 358-610. Internal control for licensees. (a)(1) Each licensee shall submit to the Arkansas Racing Commission and to the CGS a narrative description of its system of internal procedures and administrative and accounting controls (internal controls), or modifications to pr…

23 CAR § 358-611. Internal control for operators of intercasino-linked systems and mobile gaming systems. (a)(1) Each operator shall prepare and submit a written internal control system describing the operation of the intercasino-linked system or mobile gaming system, in accordan…

23 CAR § 358-612. Gross revenue computations. (a)(1) If the licensee provides periodic payments to satisfy a payout resulting from a wager, the initial installment payment when paid and the actual cost of a payment plan approved pursuant to this part and funded by the licensee ma…

23 CAR § 358-613. Uncollected baccarat commissions. (a) If a licensee does not collect baccarat commissions due from a patron at the conclusion of play and elects to waive payment, such action must be authorized and documented in accordance with this part. (b) Concurrently with t…

23 CAR § 358-614. Mandatory disclosure provisions for credit applications and credit instruments. (a)(1) Each credit application must contain a statement approved by the Arkansas Racing Commission, separately signed by the patron, and in a font size of not less than nine (9) poin…

23 CAR § 358-615. Treatment of credit for purposes of computing gross revenue. (a)(1) Gross revenue does not include credit extended or collected by the licensee for purposes other than gaming. (2) Gross revenue includes the amount of gaming credit extended to a patron that is no…

23 CAR § 358-616. Mandatory count procedure. (a)(1) The cash storage box shall be removed at a time designated by the licensee and accepted by the Arkansas Racing Commission and CGS. (2) However, a licensee may, with prior CGS approval, establish a less frequent schedule for the …

23 CAR § 358-617. Handling of cash. Each gaming employee, owner, or licensee who receives currency of the United States (other than tips or gratuities) from a patron in the gaming area of a gaming establishment shall promptly place the currency in the locked box in the table or, …

23 CAR § 358-618. Net gaming receipts tax. The net gaming receipts tax shall be governed by the Arkansas Tax Procedure Act, Arkansas Code § 26-18-101 et seq.

23 CAR § 358-619. On-site CGS offices. (a) There shall be, for the exclusive use of the CGS agents, office space at each licensee’s licensed premises for monitoring and recording purposes. (b) The designation of the CGS office shall be approved by the Arkansas Racing Commission.…

23 CAR § 358-620. Significant events. (a) The following are the events that gaming devices must immediately report to the central monitoring system, in real-time: (1) Power resets or power failure; (2) Handpay conditions (amount needs to be sent to the system): (A) Gaming device …

23 CAR § 358-621. Electronic accounting and occurrence meters. (a)(1) Electronic accounting meters shall be at least seven (7) digits in length. (2) If the meter is being used in dollars and cents, at least nine (9) digits must be used for the dollar amount. (3) The meter must ro…

23 CAR § 358-701. General. (a) No person shall sell, purchase, assign, lease, grant, or foreclose a security interest, hypothecate, or otherwise transfer, convey, or acquire in any manner whatsoever any interest of any sort whatever in or to any licensed gaming operation or any p…

23 CAR § 358-702. Transfer of interest among licensees. (a)(1) If a person who is the owner of an interest in a licensed gaming operation proposes to transfer any portion of his or her interest to a person who is then the owner of an interest in such licensed gaming operation, bo…

23 CAR § 358-703. Transfer of interest to stranger to license. (a) Except as and to the extent provided in this part pertaining to emergency situations, no individual who is the owner of any interest in a licensed gaming operation shall in any manner whatsoever transfer any inter…

23 CAR § 358-704. Duties of corporations and agents. No licensee or holding company, or officer, director, or transfer agent thereof, shall cause or permit any stock certificate or other evidence of beneficial interest therein to be registered in its books or records in the name …

23 CAR § 358-705. Escrow required. (a) Except as and to the extent provided in this part pertaining to emergency situations, no money or other thing of value constituting any part of the consideration for the transfer or acquisition of any interest in a licensed gaming operation,…

23 CAR § 358-706. Participation in operations. (a) Except as provided in this part pertaining to emergency situations or on approval of the Arkansas Racing Commission, no person who proposes to acquire an interest in any licensed gaming operation, in a licensee, or in a holding c…

23 CAR § 358-707. Emergency situations. If a transfer of an interest in a licensed gaming operation, in a licensee, or in a holding company is contemplated and, in the opinion of the Arkansas Racing Commission, the exigencies of the situation require that the proposed transferee …

23 CAR § 358-708. Application for permission to participate. (a) A proposed transferee of an interest who desires to participate in any manner, whether financially or otherwise, in the operation of the licensed establishment or games prior to actual completion of the transfer of …

23 CAR § 358-709. Permission to participate. After receipt of a proper application for permission to participate and such additional information as the Arkansas Racing Commission may require, and after such investigation as the commission deems necessary, the commission or any th…

23 CAR § 358-710. Extent of participation permitted. (a) Pending final action on the application of a proposed transferee, the existing licensee or licensees will be held responsible for the conduct of the licensed games or establishment, for all license fees payable, and for all…

23 CAR § 358-711. Application for license. Any proposed transferee to whom emergency permission to participate has been granted shall, within ten (10) days thereafter if the transferee has not already done so, make formal application for licensing, registration, or approval as re…

23 CAR § 358-712. Effect of permission to participate — Withdrawal. (a)(1) The granting of emergency permission to participate is a revocable privilege, and is not to be a finding on the part of the Arkansas Racing Commission that the proposed transferee is qualified or suitable …

23 CAR § 358-713. Transaction reports. (a)(1) As used in this section, “licensee” means any person to whom a valid casino license, mobile gaming system, or an intercasino-linked system, manufacturer’s, distributor’s, or disseminator’s license, or a service provider license has be…

23 CAR § 358-714. Finding of suitability of a person holding an option to acquire an interest in a general partnership licensee. (a) No person shall acquire or be granted an option to purchase an interest in a general partnership licensee without first notifying the Arkansas Raci…

23 CAR § 358-801. Definitions. As used in this subpart: (1) “Commission” means the Arkansas Racing Commission or the commission’s designee; (2) “Enforce a security interest” means the transfer of possession ownership or title pursuant to a security interest; (3)(A) “Operating lic…

23 CAR § 358-802. Approvals required — Applicability — Scope of approval. (a)(1) A person may not enforce a security interest in personal property gaming collateral except as provided by this subpart. (2) The purported enforcement of such security interest without the secured par…

23 CAR § 358-803. Application for approval to enforce security interest — Investigation — Recommendation of the commission. (a)(1) Except as otherwise specifically provided herein, a secured party shall apply for approval to enforce a security interest in personal property gaming…

23 CAR § 358-804. Enforcement of a security interest in personal property gaming collateral. (a)(1) The enforcement of a security interest in personal property gaming collateral requires the affirmative approval of the Arkansas Racing Commission. (2) The commission shall not appr…

23 CAR § 358-901. Surrender of license on closing of business — Closing due to natural disasters. (a)(1) If a gaming establishment is conveyed to a secured party who does not possess the licenses necessary to operate the establishment, and the licensee ceases gaming operations as…

23 CAR § 358-902. Death or disability of licensee. (a) In the event of the death or judicially established disability of a licensee or a stockholder of a corporate licensee, the spouse, next of kin, personal representative, or guardian of such deceased or persons with disabilitie…

23 CAR § 358-903. Insolvency of a licensee. (a)(1) In the event that a licensee files any petition with the bankruptcy court for relief as a debtor or has such a petition filed against it, or a receiver is appointed for such licensed business or an assignment of such business is …