Kansas Administrative Code

Advertising; promotion of responsible gaming. (a) As used in this regu- lation, the term “advertisement” shall mean any notice or communication to the public of any information concerning the gaming-related busi- ness of an applicant or facility manager through broadcasting, publ…

Material debt transaction. (a)(1) No facility manager shall consummate a material debt transaction that involves either of the following without the prior approval of the commission: (A) Any agreement that provides for any bor- rowing for a purpose other than capital and main- te…

Notice of bankruptcy or liq- uidation. Each facility manager shall notify the commission within one hour following the filing of bankruptcy or an agreement to liquidate any of the following: (a) The facility manager; (b)anyparentcompanyofthefacilitymanager;or (c) any subsidiary o…

Access to gaming facility and information. (a) Each applicant and each facility manager, including their intermediary companies and holding companies, shall consent to inspections of the gaming facility by commis- sion staff. (b) Each applicant and each facility manager shall pro…

Certification of employees. (a) Each employee, contractor, and agent of an applicant or facility manager shall be certified by the commission with a current occupation license before performing any tasks or duties or assuming any responsibilities for matters regulated by the comm…

Reporting requirements. (a) Each facility manager shall submit a monthly report to the commission listing all contracts the facility manager has had with gaming and non- gaming suppliers for the previous month and cu- mulatively for the past 12 months. (b) Each facility manager s…

Prohibitions. Each facility manager shall be prohibited from and subject to sanctions as specified in K.A.R. 112-113-1 for the following: (a) Failing to exercise discretion and judgment to prevent any incident that might adversely reflect on the reputation of the state of Kansas …

Facility manager application procedure. Each lottery gaming facility manager and each racetrack gaming facility manager that seeks to be certified as a facility manager shall submit the following to the commission staff: (a) A completed application for the certificate on a commis…

Background investigations. (a) Each applicant for a facility manager’s certif- icate and each person whom the executive direc- tor deems to have a material relationship to the applicant, including the applicant’s officers, direc- tors, and key gaming employees and any persons kno…

Affirmative duty to demon- strate qualifications. Each applicant for a facil- ity manager’s certificate shall have an affirmative duty to the commission to demonstrate that the applicant, including the applicant’s directors, of- ficers, owners, and key employees, is qualified for…

Fees and costs. (a) Each appli- cant for a facility manager’s certificate and each applicant for a certificate as a racetrack gaming facility manager shall provide a background inves- tigation deposit to the commission. That deposit shall be assessed for all fees and costs incurr…

Disqualification criteria. (a) A facility manager’s certificate shall be denied or revoked by the commission if the applicant or certificate holder itself has been convicted of any felony, crime involving gambling, or crime of moral turpitude. (b) A certificate may be denied, sus…

Certificate duration. Each certificate for a gaming manager shall be issued by the commission for no longer than two years and one month. Each certificate shall expire on the last day of the month of the anniversary date of issue. (Authorized by K.S.A. 2007 Supp. 74-8751 387 Faci…

Certificate renewal. (a) Each renewal application for a facility manager’s certifi- cate shall be submitted to the commission staff at least 120 days before the expiration of the current certificate.Eachcertificateholdershallsubmitthe renewal application on a commission-approved …

Notice of anticipated or actu- al change. (a) Each facility manager or applicant shall notify the commission in writing of any rea- sonably anticipated or actual change in its direc- tors, officers, or key employees or persons directly or indirectly owning an interest of at least…

Prohibitionagainstuncertified business.NopersonidentifiedinK.A.R.112-102-2 asagamingornon-gamingsuppliermayprovideany equipment or services to a gaming facility or man- ager unless the person is certified by the commis- sionwithacurrentgamingsuppliercertificate,non- gaming suppli…

Certificate renewal appli- cation. Each renewal application for a gaming or non-gaming supplier certificate shall be filed with the commission staff at least 120 days before the expiration date of the license. Each certificate holder shall submit the renewal application on a comm…

Change in ownership. (a) Each change in either of the following shall be sufficient cause for revoking any certificate or temporary permit granted by the commission: (1) The ownership of the applicant or the hold- er of a gaming supplier or non-gaming supplier certificate; or (2)…

Certificates, temporary sup- plier permits, and badges to be commission property. (a) Each gaming supplier certificate, non-gaming supplier certificate, temporary sup- plier permit, and badge issued by the commission shall be the property of the commission. (b) Possession of a ce…

Records. (a) Each gaming supplier and each non-gaming supplier certified by the commission shall maintain that supplier’s business records in a place secure against loss and destruction. Each certificate holder shall make these records available to the commission upon the commiss…

Gaming supplier and non- gaming supplier defined. (a) Each person that performs one or more of the following shall be considered a gaming supplier: (1) Manufactures, sells, leases, supplies, or distributes devices, machines, equipment, acces- sories, or items that meet at least o…

Gaming and non-gaming supplier employees. Any employee or agent of a gaming or non-gaming supplier may be required by the commission to be separately investigated or licensed.(AuthorizedbyandimplementingK.S.A. 2007 Supp. 74-8772; effective Aug. 14, 2009.)

Application for a certificate. Each person that does not qualify for recipro- cal certification under K.S.A. 74-8751(b), and amendments thereto, and any directives of the executive director and is seeking a gaming suppli- er certificate or a non-gaming supplier certificate shall …

Temporary supplier permit. (a) The commission staff may issue a temporary supplier permit if all of the following conditions are met: (1) The commission staff determines that the applicant has filed a completed application for a gaming or non-gaming supplier certificate. (2) The …

Affirmative duty to demon- strate qualifications. Each applicant for a certif- icate as a gaming supplier or non-gaming supplier shall have an affirmative duty to the commission to demonstrate that the applicant, including the applicant’s directors, officers, stockholders, and pr…

Background investigations.(a) Each applicant and each person whom the execu- tive director deems to have a material relationship to the applicant, including officers, directors, key gaming employees, and any persons known to di- rectly or indirectly own an interest of at least 0.…

Disqualification criteria. (a) A certificate shall be denied or revoked by the commission if the applicant or certificate holder has been convicted of any felony, crime involving gambling, or crime of moral turpitude. (b) A certificate may be denied, suspended, or revoked by the …

Certificate duration. Each certificate for a gaming supplier or non-gaming supplier shall be issued by the commission for no longer than two years and one month. Each cer- tificate shall expire on the last day of the month of the anniversary date of issue. (Authorized by and impl…

Prohibition of unlicensed em- ployment with a facility manager. No person may work as an employee or independent con- tractor of a facility manager unless the person is certified to do so with a current occupation license or temporary work permit issued by the commis- sion for th…

License duration. Each oc- cupation license shall be issued for a period of no longer than two years and one month. Each license shall expire on the last day of the month in which the licensee was born. (Authorized by and implementing K.S.A. 2007 Supp. 74-8772; effec- tive April …

License renewal. Each occu- pation licensee wanting to renew the license shall file an application for occupation license renewal with the commission staff. Each application shall be submitted on a form approved by the commis- sion. The completed renewal application shall be file…

Reapplication after license denial or revocation. A person who is denied licensure or whose license is revoked shall not re- apply for the same or higher level of license for at least one year from the date of the denial or revo- cation. (Authorized by and implementing K.S.A. 200…

License mobility; limita- tions. (a) Any licensee may work in any other position at or below that license level. If a licens- ee changes positions for more than one shift in a seven-day period, the facility manager shall re- quest approval from the commission’s licensing staff ab…

Licenses, temporary work permits, and badges to be commission prop- erty. (a) Each license, temporary work permit, and badge issued by the commission shall be the property of the commission. 396 RACING AND GAMING COMMISSION 112-104-1 (b) Possession of a license, temporary permit,…

License levels. (a) Each of the following persons who will be employed by or working for a facility manager in a position that includes the responsibility or authority specified in this subsection, regardless of job title, shall be considered key employees and shall be required t…

Temporary work permit. (a) The commission staff may issue a temporary work permit to an applicant if both of the following con- ditions are met: (1) The commission staff determines that the applicant has filed a completed application for a level I, level II, or level III occupati…

Application for a license. Each applicant for a level I, level II, or level III occupation license shall submit a completed ap- plication on a commission-approved form to the human resources department of the facility man- ager with which the applicant seeks employment. The human…

Applicant identification. (a) Each applicant shall have the responsibility to provide identification when submitting an appli- cation by presenting one of the following: (1) A current and valid state-issued driver’s li- cense that has a photograph of the applicant on the license;…

Affirmative duty to demon- strate qualifications. Each applicant for an oc- cupation license shall have an affirmative duty to the commission to demonstrate that the applicant is qualified for licensure. (Authorized by and im- plementing K.S.A. 2007 Supp. 74-8751 and 74- 8772; ef…

Background investigation. Each applicant shall submit to a background in- vestigation conducted by the commission’s di- rector of security or other person designated by the executive director. (Authorized by and im- plementing K.S.A. 2007 Supp. 74-8772; effective April 17, 2009.)

Disqualification criteria for a level I, level II, or level III license. (a) A level I license shall be denied or revoked by the com- mission if the applicant or licensee is or has been convicted of any felony, crime involving gambling, or crime of moral turpitude. (b) Any licens…

Examinations. (a) Any appli- cant for an occupation license may be required to demonstrate knowledge, qualifications, and profi- ciency related to the license for which application is made through an examination approved by the commission or its designee. (b) Any applicant who fa…

Definitions; internal control system. (a) The following words and terms, when used in this article, shall have the following mean- ings unless the context indicates otherwise: (1) “Accounting department” means a facility manager’s internal department that is responsible for the m…

Personal check cashing. (a) Each facility manager’s internal control system shall include internal controls for the acceptance of personal checks. The internal controls shall be submitted to and approved by the commission ac- cordingtoK.A.R.112-104-1.Theinternalcontrols submitted…

Wire transfers.(a)Eachfacil- ity manager’s internal control system shall include internal controls for the acceptance, verification, accounting for, and sending of wire transfers. The internal controls shall be submitted to and ap- proved by the commission according to K.A.R. 112…

Cash equivalents. Each facil- ity manager’s internal control system shall include internal controls for the acceptance and verifi- cation of cash equivalents. The internal controls shall be submitted to and approved by the com- mission according to K.A.R. 112-104-1. The inter- na…

Patron deposits. (a) Each facility manager’s internal control system shall in- clude internal controls for the receipt and with- drawal of patron deposits. The internal controls shall be submitted to and approved by the com- mission according to K.A.R. 112-104-1. 412 RACING AND G…

Cage and main bank. (a) Each facility manager’s internal control system shall include internal controls for the cage and the main bank. The internal controls shall be submit- ted to and approved by the commission accord- ing to K.A.R. 112-104-1. Each gaming facility shall have, a…

Count room and main bank requirements. (a) Each facility manager shall have a count room and a main bank. The count room and the main bank shall be adjacent to the cage. (b) Each count room and main bank shall meet both of the following requirements: (1) Both rooms shall have a m…

Accounting controls for the cage and main bank. (a) Each facility manager’s internal control system shall include internal con- trols for cage and main bank accounting. The in- ternal controls shall be submitted to and approved by the commission according to K.A.R. 112-104- 1. If…