Missouri Statewide Rule
Missouri Excursion Gambling Boat Home Dock Siting Law
Key Facts
- Governing statute
- RSMo § 313.812 (Missouri Gaming Commission)
- Constitutional basis
- Mo. Const. Art. III, § 39(e), adopted 1994
- Permitted waters
- Mississippi and Missouri Rivers, plus 1,000-ft artificial basins
- Local approval
- Voter election required before a city/county can license a dock
- Election trigger
- Governing-body motion or petition of 15% of voters
- Home dock revenue
- 10% of state's 21% AGR tax, plus docking fee
- Unlicensed operation penalty
- Class E felony under RSMo § 313.830
Summary
Missouri law confines casino gambling to "excursion gambling boats" that must dock only on the Mississippi or Missouri River, and only in a city or unincorporated county area whose voters approved licensing at a local election. The Missouri Gaming Commission then decides the number, location, and type of boats for that home-dock city or county under RSMo § 313.812.
The commission shall decide the number, location and type of excursion gambling boat in a city or county under subsection 10 of this section. ... Gambling excursions including the operation of gambling games on an excursion gambling boat which is not continuously docked shall be allowed only on the Mississippi River and the Missouri River. ... No license to conduct gambling games on an excursion gambling boat in a city or county shall be issued unless and until the qualified voters of the city or county approve such activities pursuant to this subsection. ... Excursion gambling boats may only dock in a city or unincorporated area of a county which approves licensing of such excursion gambling boats pursuant to this subsection, but gambling operations may be conducted at any point on the Mississippi River or the Missouri River during an excursion.
Full Breakdown
Missouri's casino industry runs entirely on excursion gambling boats, there are no land-based casinos and no local zoning ordinance can create one. Authority traces to Mo. Const. Art. III, § 39(e), adopted by voters in 1994 and amended in 1998, which limits gambling to boats and floating facilities on the Mississippi and Missouri Rivers, including artificial spaces that contain water and that are within 1000 feet of the closest edge of the main channel of either river, the constitutional basis for the moat-style basins at casinos like Ameristar St.
Charles and Harrah's North Kansas City. " Only after that local yes-vote does the Commission decide the number, location, and type of boats for that home-dock city or county. 10(3) the actual gambling can happen "at any point on the Mississippi River or the Missouri River during an excursion," so cruising boats are not confined to the home dock's city limits once underway. 822 collects 10 percent of the state's 21 percent tax on adjusted gross receipts, earmarked for public-safety services tied to the boat.
Violations & Penalties
Operating a gambling excursion without a Commission license, or running gambling other than as RSMo § 313.817 specifies, is a class E felony under RSMo § 313.830(1)-(2). The Commission refers violations to the Attorney General and the local prosecuting attorney, who may sue in the county where the offense occurred. Docking in a city or county that never held, or that rejected, a local approval election is likewise unlicensed operation, exposing the boat's license to revocation.
Frequently Asked Questions
Can a Missouri city just approve a casino without a public vote?
Does a casino boat have to stay tied up at its home dock?
Could a Missouri city ever zone a land-based casino downtown?
Sources
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