Mississippi Charitable Bingo Laws

BEFORE THE MISSISSIPPI GAMING COMMISSION

IN THE MATTER OF

HEARING DATE:

LICENSE: COMMERCIAL LESSOR

ORDER OF DENIAL AND REVOCATION

THIS CAUSE, being duly noticed came on for hearing before the Mississippi Gaming Commission, upon the qualifications of the applicant and the merits of the application for a permanent license to operate as a commercial lessor, and the commission upon due consideration of the evidence finds, as follows:

1. On , 20 applied to the Mississippi Gaming Commission for commercial lessor's licenses to lease certain property identified as "" and "". On , 20 filed another application for a commercial lessor's license to lease property identified as "". is president and 100% owner of the corporation.

2. On , 20 the Mississippi Gaming Commission granted conditional commercial lessor's licenses to lease the "" and "" sites until a final decision on permanent licensure could be made. On , 20, the Mississippi Gaming Commission granted a conditional commercial lessor's license to lease property identified as "".

3. The Mississippi Gaming Commission has jurisdiction of this matter pursuant to the Charitable Bingo Law.

4. The applicant charged charitable organizations in excess of the reasonable market rental rate for the "" site, located at , Kosciusko, Mississippi; the "" site, located at Meridian, Mississippi; and the "" site located at , Mississippi. The commission further finds that four-hundred dollars ($400.00) per session is an unreasonable rental for said premises. These acts constitute violations of section 97-33-203(2) of the Mississippi Code of 1972, as amended, and Mississippi Gaming Commission Regulation VII.AA.1.

5. Pursuant to the terms of a Pretrial Intervention Program Agreement filed of record in the Circuit Court of Adams County, Mississippi is "barred from any involvement whatsoever, either directly or indirectly, in any bingo games or operations in the Sixth Circuit District of Adams, Amite, Franklin, Jefferson and Wilkinson Counties, until further order of the Circuit Court Judge of the Sixth District after notice to the District Attorney

of said district". testimony regarding her role in the matter was not credible. The applicant has not adequately demonstrated its suitability for licensure - deficiencies remain as to the general character, financial security, and competency of the applicant. Further, it is inconsistent with the Charitable Bingo Law and not in the public interest to award applicant a license. This finding is in accordance with section 97-33-201(3) of the Mississippi Code of 1972, as amended, and Mississippi Gaming Commission Regulation VII.HH.

6. Applicant did not adequately demonstrate its qualifications to be licensed as a commercial lessor.

7. Further:

a. Applicant required payment of other costs--such as past due rental, past due utility bills, and bingo supplies--from a charitable organization other than the rental amount provided for in the rental agreements;

b. The applicant did not accurately report gross revenues derived from its leases with charitable organizations; and

c. The applicant sold charitable bingo supplies to charitable organizations.

These actions constitute violations of Charitable Bingo Law, sections 97-33-79(2) and 203(3) of the Mississippi Code of 1972, as amended, and Mississippi Gaming Commission Regulations VII.AA.1.d and VII.AA.2. Because applicant did not receive notice of these violations, the commission did not rely on these facts in reaching its decision. However, the commission reserves the right to notice applicant of these violations and allow applicant to be further heard on its qualifications and the merits of the application in future proceedings before the commission, if any.

THEREFORE, IT IS ORDERED, that is denied permanent licenses and that its conditional licenses for "", "" and "" are hereby revoked. Applicant is to immediately cease allowing charitable bingo to be conducted on premises leased by .

SO ORDERED, effective this the day of ,

MISSISSIPPI GAMING COMMISSION