313.847. Public information on licensees, commission to provide on request, exceptions, limitations--costs.

Public information on licensees, commission to provide on request,exceptions, limitations--costs.

313.847. 1. Notwithstanding any applicable statutoryprovision to the contrary, all investigatory, proprietary orapplication records, information and summaries in the possessionof the commission or its agents may be treated by the commissionas closed records not to be disclosed to the public; except thatthe commission shall, on written request from any person, providesuch person with the following information furnished by anapplicant or licensee:

(1) The name, business address and business telephonenumber of any applicant or licensee;

(2) An identification of any applicant or licensee,including, if an applicant or licensee is not an individual, thestate of incorporation or registration, the corporate officers,and the identity of all shareholders or participants. If anapplicant or licensee has a pending registration statement filedwith the Securities and Exchange Commission, the names of thosepersons or entities holding interest must be provided;

(3) An identification of any business, including, ifapplicable, the state of incorporation or registration in whichan applicant or licensee or an applicant's or licensee's spouseor children have an equity interest. If an applicant or licenseeis a corporation, partnership or other business entity, theapplicant or licensee shall identify any other corporation,partnership or business entity in which it has an equityinterest, including, if applicable, the state of incorporation orregistration. This information need not be provided by acorporation, partnership or other business entity that has apending registration statement filed with the Federal Securitiesand Exchange Commission;

(4) Whether an applicant or licensee has been indicted,convicted, pleaded guilty or nolo contendere, or forfeited bailconcerning any criminal offense under the laws of anyjurisdiction, either felony or misdemeanor, except for trafficviolations, including the date, the name and location of thecourt, arresting agency and prosecuting agency, the case number,the offense, the disposition and the location and length ofincarceration;

(5) Whether an applicant or licensee has had any license orcertificate issued by a licensing authority in this state or anyjurisdiction denied, restricted, suspended, revoked or notrenewed and a statement describing the facts and circumstancesconcerning the denial, restriction, suspension, revocation ornonrenewal, including the licensing authority, the date each suchaction was taken, and the reason for each such action;

(6) Whether an applicant or licensee has ever filed or hadfiled against it a proceeding in bankruptcy or has ever beeninvolved in any formal process to adjust, defer, suspend orotherwise work out the payment of any debt, including the date offiling, the name and location of the court, the case and numberof the disposition;

(7) Whether an applicant or licensee has filed, or beenserved with a complaint or other notice filed with any publicbody, regarding the delinquency in the payment of, or a disputeover the filings concerning the payment of, any tax requiredunder federal, state or local law, including the amount, type oftax, the taxing agency and time periods involved;

(8) A statement listing the names and titles of all publicofficials or officers of any unit of government, and relatives ofsuch public officials or officers who, directly or indirectly,own any financial interest in, have any beneficial interest in,are the creditors of or hold any debt instrument issued by, orhold or have any interest in any contractual or servicerelationship with, an applicant or licensee;

(9) Whether an applicant or licensee has made, directly orindirectly, any political contribution, or any loans, donationsor other payments of one hundred dollars or more, to anycandidate or office holder, within five years from the date offiling the application, including the amount and the method ofpayment;

(10) The name and business telephone number of the counselrepresenting an applicant or licensee in matters before thecommission;

(11) A description of any proposed or approved riverboatgaming operation, including the type of boat, home dock location,expected economic benefit to the community, anticipated or actualnumber of employees, any statement from an applicant or licenseeregarding compliance with federal and state affirmative actionguidelines, projected or actual admissions and projected oractual adjusted gross gaming receipts; and

(12) A description of the product or service to be suppliedby an applicant for a supplier's license.

2. Notwithstanding any applicable statutory provision tothe contrary, the commission shall, on written request from anyperson, also provide the following information:

(1) The amount of the adjusted gross receipts tax andadmission tax paid daily to the state by the holder of anexcursion gambling boat license;

(2) Whenever the commission finds an applicant for anexcursion gambling boat license unsuitable for licensing, a copyof the written letter outlining the reasons for the denial; and

(3) Whenever the commission has refused to grant leave foran applicant to withdraw his application, a copy of the letteroutlining the reasons for the refusal.

3. Subject to the provisions of subsections 1 and 2 of thissection, the commission shall not disclose any information whichwould be barred by:

(1) Chapter 610, RSMo; or

(2) The statutes, rules, regulations or intergovernmentalagreements of any jurisdiction.

4. The commission may assess fees for the copying ofinformation in accordance with chapter 610, RSMo.

(L. 1993 S.B. 10 & 11 § 22, A.L. 1994 S.B. 740)

Effective 5-20-94