Arkansas Administrative Code

23 CAR § 358-2425. Records and forms. (a) Books shall create and maintain the records and reports required by this subpart in such manner and using such forms as the Arkansas Racing Commission may require or approve. (b) The commission may require books to create and maintain suc…

23 CAR § 358-2501. 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 o…

23 CAR § 358-2502. Maintenance and distribution of list. (a) The Arkansas Racing Commission shall maintain a list of persons to be excluded from a licensee’s premises. (b)(1) The list shall be distributed to every licensee in the State of Arkansas on at least a quarterly basis vi…

23 CAR § 358-2503. 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 licensee’s premises would be contrary to the interests of the State of Arkansas; (2) An associate of a …

23 CAR § 358-2504. Procedure for entry of names. (a) The Arkansas Racing Commission shall, on its own initiative, or upon referral by the licensee, investigate or review any individual who would appear to be an appropriate candidate for placement on the exclusion list. (b) An age…

23 CAR § 358-2505. Duty of licensee regarding excluded persons. (a) A licensee 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 licensee premises and is recognized by the licensee personn…

23 CAR § 358-2506. 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 § 358-301. Definitions. The following words and terms, when used in this subpart, shall have the following meanings unless the context clearly indicates otherwise: (1)(A) “Commission” means the Arkansas Racing Commission or its successor having jurisdiction over casino gam…

23 CAR § 358-302. Restriction of doing business. (a) No entity shall manufacture, sell or lease, distribute, repair, or provide casino gaming maintenance services of casino gaming equipment to a casino licensee for its casino gaming operations in the State of Arkansas unless it h…

23 CAR § 358-303. Determining the need for a Service Industry License. Any entity which satisfies one (1) or more of the following criteria shall, unless it is otherwise set forth in this part, obtain a Service Industry License to carry out business with a casino licensee in the …

23 CAR § 358-304. General parameters of granting a Service Industry License. An applicant for a Service Industry License shall submit to the Arkansas Racing Commission the information, documentation, and guarantees necessary to establish through clear and convincing evidence: (1)…

23 CAR § 358-305. Initial application for a Service Industry License. (a)(1) The initial application for a Service Industry License shall consist of an original and a copy of the following documents: (A) Arkansas Racing Commission Business Entity Disclosure Form for Service Indus…

23 CAR § 358-306. Duration of Service Industry License. (a) Every Service Industry License shall be issued by the Arkansas Racing Commission for a period of three (3) years. (b) Notwithstanding the provisions of subsection (a) of this section, the commission may, as it may deem n…

23 CAR § 358-307. Service Industry License renewal application. (a) Every Service Industry License renewal application shall be filed no later than ninety (90) days prior to the expiration date of said license. (b) The Service Industry License renewal application shall include a …

23 CAR § 358-308. Service Industry License fees. (a)(1) The fees to be paid for the initial or renewal application for a Service Industry License shall be determined by the Arkansas Racing Commission and published on the commission website. (2) This does not include the actual co…

23 CAR § 358-309. Service industry disqualification. (a) The Arkansas Racing Commission may deny a Service Industry License to any applicant which, in the opinion of the commission: (1) Has not proved through clear and convincing evidence that the applicant and any of the persons…

23 CAR § 358-310. Qualification requirements — Service Industry License. (a)(1) The Arkansas Racing Commission shall not issue a Service Industry License to any entity unless the applicant has established the individual qualifications of each one of the following entities or pers…

23 CAR § 358-311. Qualifying as a Person Related with a Service Industry License. (a) Any natural person who is required to be licensed because of his or her relationship with a Service Industry License applicant shall provide to the Arkansas Racing Commission the information, do…

23 CAR § 358-312. Investigations — Supplementary approval of change. (a) The Arkansas Racing Commission or its representatives may, at their discretion, conduct any investigation with respect to an applicant or any person related with an applicant who it deems pertinent, either a…

23 CAR § 358-313. Suspension, denial of renewal, or revocation of a Service Industry License. (a) Any of the following reasons shall be considered sufficient cause for the suspension, denial of renewal, or revocation of a Service Industry License: (1) Violation of any provision o…

23 CAR § 358-314. Commercial transaction in the absence of a Service Industry License. (a) The Arkansas Racing Commission, at its discretion, may permit any Service Industry License applicant to carry out a commercial transaction with a casino licensee before said service industr…

23 CAR § 358-315. Exemption to Service Industry License. (a) The Arkansas Racing Commission may exempt an entity from the requirement of obtaining a Service Industry License if the commission determines that said entity is not operating its business in a regular and continuous ma…

23 CAR § 358-316. Records requirements for service industry licensee. (a)(1) Any service industry entity authorized by the Arkansas Racing Commission shall maintain in a place secure against robbery, loss, or destruction the records corresponding to the business operations, which…

23 CAR § 358-317. Business entity disclosure for service applicant forms. Arkansas Racing Commission business entity disclosure form shall be completed in the format provided by the commission.

23 CAR § 358-318. Personal History Disclosure form. The Arkansas Racing Commission may require a commission Personal History Disclosure form from all those natural persons required under 23 CAR § 358-310, to fill out the same.

23 CAR § 358-319. Obligation for payment of fees — No refund of fees paid. (a) Any obligation for payment of fees arising from this part shall be paid in full to the Arkansas Racing Commission, even when the entity withdraws its application for a Service Industry License or the l…

23 CAR § 358-320. Responsibility of the casino licensee. (a) Any casino licensee that will be receiving a service shall be responsible for confirming that the entity with which it will carry out the business holds a Service Industry License or has obtained a special authorization…

23 CAR § 358-321. Transitory provisions. Any entity which manufactures, sells or leases, distributes or repairs, or provides maintenance services or any other service to a casino licensee with respect to casino gaming shall comply with the provisions of this part beginning on the…

23 CAR § 358-322. Vendor’s lists. (a)(1) The Arkansas Racing Commission or its representatives shall also maintain a Prohibited Vendor List, which shall include all vendors who are prohibited from conducting business with a casino licensee. (2) The commission shall provide this l…

23 CAR § 358-323. Temporary service industry licensing. (a) If an applicant for a manufacturer, distributor, or entity providing services to a casino licensee holds a similar license in another jurisdiction in the United States, the applicant may submit a written request with its…

23 CAR § 358-324. Independent Casino Gaming Testing Laboratory License. (a) Testing Laboratory License. (1)(A) All casino gaming and associated equipment must be tested by a laboratory licensed by the Arkansas Racing Commission to ensure that the games and equipment comply with A…

23 CAR § 358-325. Employee Licenses and registration — Key Employee and General Employee Licenses. (a)(1) Except in cases of emergency and/or unavoidable temporary incidental entry, no person may work or provide services to the casino gaming operations of a casino licensee in the…

23 CAR § 358-326. Initial application for an Employee License. (a) Every initial application for an Employee License shall include: (1) A duly completed original and a photocopy of the Arkansas Racing Commission Personal History Disclosure form in accordance with this part; (2) T…

23 CAR § 358-327. Persons or entities who must obtain a Key Employee License. (a) Except as otherwise approved by the Arkansas Racing Commission, any person or entity who carries out or will carry out, or has or will have any of the functions mentioned in 23 CAR §§ 358-328 and 35…

23 CAR § 358-328. Key employee job functions. (a) Any person or entity who is going to be employed by the casino licensee in a position which includes any of the following responsibilities or powers, independently of the title, shall obtain a Key Employee License. (b) Where they …

23 CAR § 358-329. General employee job functions. (a) Any natural person who is going to be employed by the casino licensee in a position which includes any of the following responsibilities related to the operations of the casino licensee, or whose responsibilities predominantly…

23 CAR § 358-330. Scope and applicability of employee licensing of natural persons. (a) In determining whether a natural person who provides services to a casino licensee is an employee of the casino licensee for purposes of this part, it shall be presumed that such person is an …

23 CAR § 358-331. General criteria for granting of a Key Employee License. (a) Each applicant for an Employee License shall provide the Arkansas Racing Commission with the necessary information, documentation, and guarantees which establish through clear and convincing evidence t…

23 CAR § 358-332. Personal information required for a Key Employee License. Every applicant for a Key Employee License who will work in a managerial or supervision position for a casino licensee of the type described in this part shall submit: (1) Any affiliation of applicant wit…

23 CAR § 358-333. Processing of the initial application for a Key Employee License. (a)(1) The Arkansas Racing Commission shall determine if the initial application complies with all the requirements provided in this part and if any deficiency is found, it shall notify the applic…

23 CAR § 358-334. Duration of the Employee License. (a) Every Employee License shall be issued by the Arkansas Racing Commission for a period of three (3) years. (b) Notwithstanding the provisions of subsection (a) of this section, the commission may, as it deems necessary: (1) I…

23 CAR § 358-335. Date of filing for renewal of a Key or General Employee License. (a) Any holder of an Employee License shall renew his or her license by filing with theArkansas Racing Commission an application for renewal of his or her Employee License. (b) The completed renewa…

23 CAR § 358-336. 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 § 358-337. 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 § 358-338. 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 § 358-339. 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 § 358-340. Fees payable. (a) The fees payable for the initial or renewal application for Employee Licenses 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 t…

23 CAR § 358-341. 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 § 358-342. 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 fees, civil penalties, or regulatory sanctions. (2) Any por…

23 CAR § 358-343. 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 …