Section 4. Licensing of Casinos and Casino Gaming
Licensing of Casinos and Casino Gaming
(a) The Arkansas Racing Commission shall administer and regulate casino licenses, including their issuance and renewal, and shall administer and enforce the provisions of this Amendment relating to all casino licensees. Each casino license shall be issued for the purpose of requiring casino licensees to conduct casino gaming at a casino as provided in this Amendment and by regulation of the Arkansas Racing Commission, and all other applicable law.
(b) Casino gaming under this Amendment shall not be regulated under or be subject to the provisions of the Local Option Horse Racing and Greyhound Racing Electronic Games of Skill Act, Ark. Code Ann. § 23-113-101 et seq.
(c) The Arkansas Racing Commission shall adopt rules necessary to carry out the purposes of this Amendment and perform its duties under this Amendment.
(d) Rules adopted under this section are rules as defined in the Arkansas Administrative Procedures Act, Ark. Code Ann. § 25-15-201 et seq.
(e) Not later than 120 days after the effective date of this Amendment, the Arkansas Racing Commission shall adopt rules governing:
(1) The establishment of a casino license application fee which shall not exceed $250,000;
(2) The manner in which the Arkansas Racing Commission considers applications for issuance of casino licenses;
(3) The renewal of casino licenses;
(4) The form and content of renewal for casino licenses;
(5) Oversight requirements for casinos and casino gaming;
(6) Recordkeeping requirements for casinos;
(7) Personnel requirements for casinos and casino gaming;
(8) Procedures for suspending or terminating casino licenses held by casino licensees that violate the provisions of this Amendment or the rules adopted under this Amendment;
(9) A schedule of penalties and procedures for appealing penalties;
(10) Procedures for inspection and investigations of casinos and casino gaming;
(11) Responsibilities of casino licensees related to conducting casino gaming;
(12) The Racing Commission shall allow licensees to transfer their casino license only to a party who has casino gaming experience.
(13) Any other matters necessary for the fair, impartial, stringent, and comprehensive administration of its duties under this Amendment.
(f) Not later than June 1, 2019, the Arkansas Racing Commission shall begin accepting applications for casino licenses.
(g) The application for casino licenses shall include without limitation the following:
(1) The application fee;
(2) The legal name of the casino;
(3) The physical address of the casino;
(4) The name, address, and date of birth of each officer and owner of the casino applicant; and
(5) If the city, town, or county in which the casino would be located has enacted zoning restrictions, a sworn statement certifying that the casino will operate in compliance with the restrictions;
(h) Prior to the submission of an application for a casino license, the owners, shareholders, board members, or officers of the casino applicant:
(1) If an individual, shall not have been convicted of a disqualifying felony offense as defined by the Arkansas Racing Commission;
(2) Shall not have previously had a casino license in any state revoked;
(3) If an individual, shall not be under twenty-one years of age; and
(4) If an individual, shall not be a county judge or mayor that provides a letter of support, or a quorum court member that votes in favor of a letter of support as identified in this Amendment.
(i) The Arkansas Racing Commission shall issue three casino licenses.
(j) The Arkansas Racing Commission shall issue a casino license, as provided in this Amendment, to a Franchise holder located in Crittenden County, there being only one, to conduct casino gaming at a casino to be located at or adjacent to the Franchise holder's greyhound racing track and gaming facility as of December 31, 2017 in Crittenden County. The Arkansas Racing Commission shall also issue a casino license, as provided in this Amendment, to a Franchise holder located in Garland County, there being only one, to conduct casino gaming at a casino to be located at or adjacent to the Franchise holder's horse racing track and gaming facility as of December 31, 2017 in Garland County. Casino licenses to be issued to Franchise holders shall be issued upon:
(1) Adoption by the Arkansas Racing Commission of rules necessary to carry out the purposes of this Amendment; and
(2) Initial laws and appropriations required by this Amendment being in full force and effect.
(k) The Arkansas Racing Commission shall award a casino license to a casino applicant for a casino to be located in Jefferson County within two miles of the city limits of the county seat.
(l) Casino licensees are required to conduct casino gaming for as long as they have a license.
(m) The Arkansas Racing Commission shall require all casino applicants for a casino license in Jefferson County to demonstrate experience conducting casino gaming.
(n) The Arkansas Racing Commission shall require all casino applicants for a casino license in Jefferson County to submit either a letter of support from the county judge or a resolution from the quorum court in Jefferson County and, if the proposed casino is to be located within a city or town, shall also require all casino applicants to include a letter of support from the mayor in the city or town where the applicant is proposing the casino to be located.
(o) Franchise holders are not applicants and are not required to submit applications for casino licenses in order to be issued a casino license.
(p) No individual, corporation, partnership, association, trust, or other entity may hold more than one casino license in Arkansas.
(q) The Arkansas Racing Commission shall issue a renewal casino license within ten days to any licensed casino that complies with the requirements contained in this Amendment, including without limitation the payment of the casino license renewal fee, which shall not exceed $10,000. Casino licenses shall be renewed every ten years.
(r)
(1) The Arkansas Racing Commission shall provide an annual amount of at least $200,000 for compulsive gambling disorder treatment and compulsive gambling disorder educational programs.
(2) The Arkansas Racing Commission shall work together with the Department of Human Services to implement the compulsive gambling disorder treatment programs and the compulsive gambling disorder educational programs under this section.
(3) The Arkansas Racing Commission may contract with the Department of Human Services for providing all services related to and administration of the compulsive gambling disorder treatment programs and the compulsive gambling disorder educational programs.
(4) The Department of Human Services may promulgate rules to administer the compulsive gambling disorder treatment programs and the compulsive gambling disorder educational programs.
(s) If the Arkansas Racing Commission, or other governing body, issues a casino license for a casino in Pope County, Arkansas prior to the effective date of this Amendment, then said license is revoked on the effective date of this Amendment.
(t) If a constitutional amendment authorizes or otherwise allows the issuance of a casino license in any county other than those issued now or hereafter for Crittenden County (to Southland Racing Corporation), Garland County (to Oaklawn Jockey Club, Inc.) and Jefferson County (to Downstream Development Authority of the Quapaw Tribe of Oklahoma and later transferred to Saracen Development, LLC), then the quorum court of each county where a casino is to be located shall call a special election by ordinance to submit the question of whether to approve of a casino in the county.
(1) Except as provided in subsection (t)(2), the special election shall be held on the second Tuesday of:
(A) March or November in a year when a presidential election is held; or
(B) May or November of all other years.
(2) (A) Special elections scheduled to occur in a month in which the second Tuesday is a legal holiday shall be held on the third Tuesday of the month.
(B) Special elections held in months in which a preferential primary election or general election is scheduled to occur shall be held on the date of the preferential primary election or general election.
(3) The ordinance calling the special election shall:
(A) State the date of the special election; and
(B) Require the special election ballot to set forth the question substantially as follows:
"FOR a casino in [ ] County
AGAINST a casino in [ ] County
The question presented is whether or not a casino may be located in the county. A casino is defined as a facility where casino gaming is conducted."
(4) The county board of election commissioners shall publish the ordinance calling the special election as soon as practicable in a newspaper of general circulation in the county in which the special election is held.
(5) A majority of voters in the county where the casino is proposed to be located must approve of a casino at the special election before the Arkansas Racing Commission, or other governing body, may accept any applications for a casino license in that county.