§ 42-61.2-2.2. State authorized to operate casino gaming at Newport Grand. [See Compiler's notes.]
(a) State-operated casino gaming shall be authorized at the facility of the licensed video
lottery terminal retailer known as "Newport Grand� located in the town of Newport;
provided, that the requirements of Article VI, Section 22 of the Rhode Island Constitution
are met with respect to said facility at the general election next held after enactment
of this section.
(b) With respect to the Newport Grand facility, the authorization of this section 2.2
shall be effective upon:
(1) The certification by the secretary of state that the qualified voters of the state
have approved the expansion of gambling at such facility to include casino gaming;
and
(2) The certification by the board of canvassers of the city of Newport that the qualified
electors of the city of Newport have approved the expansion of gambling at such facility
to include casino gaming.
(c) The general assembly finds that:
(1) The operation of casino gaming at Newport Grand will play a critical role in the economy
of the state and enhance local revenues;
(2) Pursuant to Article VI, Section 15 of the Rhode Island Constitution and the specific
powers, authorities and safeguards set forth in subsection (c) herein in connection
with the operation of casino gaming, the state shall have full operational control
over the specified location at which casino gaming shall be conducted;
(3) It is in the best interest of the state to have the authorization to operate casino
gaming as specified at Newport Grand;
(4) Pursuant to the provisions of § 42-61.2-2.1(b)(4), and by action of the governor, an extensive analysis and evaluation of competitive
casino-gaming operations was completed, which concluded that the viability of Newport
Grand as a video lottery terminal facility is threatened by the location of casino
gaming in Southeast Massachusetts.
(5) The legislature shall, by enactment of comprehensive legislation during the 2012 session,
determine the terms and conditions pursuant to which casino gaming would be operated
in the state if it is authorized as set forth herein.
(d) Notwithstanding the provisions of any other law and pursuant to Article VI, Section
15 of the Rhode Island Constitution, the state is authorized to operate, conduct and
control casino gaming at Newport Grand subject to subsection (a) above. In furtherance
thereof, the state, through the division of state lottery and/or the department of
business regulation, shall have full operational control to operate the foregoing
facilities, the authority to make all decisions about all aspects of the functioning
of the business enterprise, including, without limitation, the power and authority
to:
(1) Determine the number, type, placement and arrangement of casino-gaming games, tables
and sites within the facility;
(2) Establish with respect to casino gaming one or more systems for linking, tracking,
deposit and reporting of receipts, audits, annual reports, prohibitive conduct and
other such matters determined from time to time;
(3) Collect all receipts from casino gaming, require that Newport Grand collect casino-gaming
gross receipts in trust for the state through the division of state lottery, deposit
such receipts into an account or accounts of its choice, allocate such receipts according
to law, and otherwise maintain custody and control over all casino-gaming receipts
and funds;
(4) Hold and exercise sufficient powers over Newport Grand's accounting and finances to
allow for adequate oversight and verification of the financial aspects of casino gaming
at the facility, including, without limitation:
(i) The right to require Newport Grand to maintain an annual balance sheet, profit and
loss, and any other necessary information or reports; and
(ii) The authority and power to conduct periodic compliance or special or focused audits
of the information or reports provided, as well as the premises with the facility
containing records of casino gaming or in which the business of Newport Grand's casino-gaming
operations are conducted;
(5) Monitor all casino-gaming operations and have the power to terminate or suspend any
casino-gaming activities in the event of an integrity concern or other threat to the
public trust, and in furtherance thereof, require the licensed video lottery retailer
to provide a specified area or areas from which to conduct such monitoring activities;
(6) Define and limit the rules of play and odds of authorized casino-gaming games, including,
without limitation, the minimum and maximum wagers for each casino-gaming game;
(7) Have approval rights over matters relating to the employment of individuals to be
involved, directly or indirectly, with the operation of casino gaming at Newport Grand;
(8) Establish compulsive gambling treatment programs;
(9) Promulgate, or propose for promulgation, any legislative, interpretive and procedural
rules necessary for the successful implementation, administration and enforcement
of this chapter; and
(10) Hold all other powers necessary and proper to fully effectively execute and administer
the provisions of this chapter for its purpose of allowing the state to operate a
casino-gaming facility through a licensed video lottery retailer hosting said casino
gaming on behalf of the state of Rhode Island.
(e) Subject to subsection (a) above, the state, through the division of state lottery
and/or the department of business regulation, may expand Newport Grand's existing
video lottery license issued, or issue Newport Grand a new casino-gaming license,
to permit casino gaming to the extent authorized by this act.
(f) Subject to subsection (a) above, all rules and regulations shall be promulgated by
the state, through the division of state lottery and the department of business regulation,
in accordance with the authority conferred upon the general assembly pursuant to Article
VI, Section 15 of the Rhode Island Constitution. In accord therewith, subject to subsection
(a) above, the state, through the division of state lottery and/or the department
of business regulation, shall have authority to issue such regulations as it deems
appropriate pertaining to control, operation and management of casino gaming as specifically
set forth in subsections (b), (c), and (d).