Mississippi Code
Miss. Code Ann. § 75-76-3 (2026)
Construction of Gaming Control Act; legislative findings and declarations
✓ current as of July 2026
- (1) The provisions of this chapter shall not be construed to legalize any form of gaming which is prohibited under the Mississippi Constitution or the laws of this state. All legal gaming which is conducted in this state and which is otherwise authorized by law shall be regulated and licensed pursuant to the provisions of this chapter, unless the Legislature specifically provides otherwise. Nothing in this chapter shall be construed as encouraging the legalization of gambling in this state.
- (2) The Legislature hereby finds and declares that lotteries and gaming both consist of the material element of chance. The Legislature is prohibited from legislating upon lotteries and permitted by virtue of its inherent powers to legislate upon gaming as the occasion arises. The Legislature derives its power to legislate upon gaming or gambling devices from its inherent authority over the morals and policy of the people and such power shall not be considered to conflict with the constitutional prohibition of lotteries.
- (3) The Legislature hereby finds, and declares it to be the public policy of this state, that:
- (a) Regulation of licensed gaming is important in order that licensed gaming is conducted honestly and competitively, that the rights of the creditors of licensees are protected and that gaming is free from criminal and corruptive elements.
- (b) Public confidence and trust can only be maintained by strict regulation of all persons, locations, practices, associations and activities related to the operation of licensed gaming establishments and the manufacture or distribution of gambling devices and equipment.
- (c) All establishments where gaming is conducted and where gambling devices are operated, and manufacturers, sellers and distributors of certain gambling devices and equipment must therefore be licensed, controlled and assisted to protect the public health, safety, morals, good order and general welfare of the inhabitants of the state.
- (4) It is the intent of the Legislature that gaming licensees, to the extent practicable, employ residents of Mississippi as gaming employees and other employees in the operation of their gaming establishments located in this state.
- (5) No applicant for a license or other affirmative commission approval has any right to a license or the granting of the approval sought. Any license issued or other commission approval granted pursuant to the provisions of this chapter is a revocable privilege, and no holder acquires any vested right therein or thereunder.
- (6) The Legislature recognizes that Section 98 of the Mississippi Constitution of 1890 prohibits the conducting of any lottery in this state and that, while not defining the term "lottery," Section 98 clearly contemplates, as indicated by specific language contained therein, that a lottery involves the sale of tickets and a drawing in order to determine the winner. The Legislature also recognizes that Section 98 of the Mississippi Constitution of 1890 directs the Legislature to provide by law for the enforcement of its provisions. Therefore, in carrying out its duties under the Constitution and effectuating the intent of Section 98, the Legislature hereby finds that a lottery, as prohibited by the Constitution, does not include all forms of gambling but means any activity in which:
- (a) The player or players pay or agree to pay something of value for chances, represented and differentiated by tickets, slips of paper or other physical and tangible documentation upon which appear numbers, symbols, characters or other distinctive marks used to identify and designate the winner or winners; and
- (b) The winning chance or chances are to be determined by a drawing or similar selection method based predominately upon the element of chance or random selection rather than upon the skill or judgment of the player or players; and
- (c) The holder or holders of the winning chance or chances are to receive a prize or something of valuable consideration; and
- (d) The activity is conducted and participated in without regard to geographical location, with the player or players not being required to be present upon any particular premises or at any particular location in order to participate or to win.
Laws, 1990 Ex Sess, ch. 45, § 2, eff. 6/29/1990.
Notes of Decisions
Cited in 14
cases, 1994–2002 · leading case: Harrah's Vicksburg Corp. v. Pennebaker, 812 So. 2d 163 (Miss. 2001).
Harrah's Vicksburg Corp. v. Pennebaker, 812 So. 2d 163 (Miss. 2001). “Miss.Code Ann. § 75-76-3 (2000). In a memorandum approving a gaming site proposed by Gold Strike Resort and Casino and Lone Star Pine Hills Corporation, the Mississippi Gaming Commission (the Commission) noted that this statutory language places "an affirmative duty on [it] to…”
Greater New Orleans Broad. Assn., Inc. v. United States, 527 U.S. 173 (1999). “§§ 27:2, 27:15B(1), 27:42-27:43, 27:44(4), 27:44(10)-27:44(12) (West 1999); Miss. Code Ann. §§ 75-76-3 , 97-33-25 (1972); see also La.”
Casino Magic Corp. v. Ladner, 666 So. 2d 452 (Miss. 1995). “Miss. Code Ann. § 75-76-3 , Construction of Gaming Control Act; legislative findings and declarations, states in pertinent part: The Legislature hereby finds, and declares it to be the public policy of this state, that: .”
Mississippi Gaming Com'n v. Bd. of Educ., 691 So. 2d 452 (Miss. 1997). “Miss. Code Ann. § 75-76-3 (5)(1990). Miss.”
Mississippi Gaming Com'n v. Treasured Arts, Inc., 699 So. 2d 936 (Miss. 1997). “The pertinent portion of that section is set forth as follows: (6) The Legislature recognizes that Section 98 of the Mississippi Constitution of 1890 prohibits the conducting of any lottery in this state and that, while not defining the term "lottery," Section 98 clearly…”
MS GAMING COM'N v. Six Video Gamb. Devices, 792 So. 2d 321 (Miss. Ct. App. 2001). “Miss. Code Ann. § 75-76-3 (6) (Rev.2000).”
Mississippi Gaming Comm'n v. Pennebaker, 824 So. 2d 552 (Miss. 2002). “Miss.Code Ann. § 75-76-3 (Rev.2000). In addition, the Gaming Commission has stated, “[the Commission] is not charged to protect existing licensees from additional competition, and we do not intend to allow perpetuation of oligopoly through challenges to sites of competitors.”
Concerned Citizens v. MISS. GAMING COM'N, 735 So. 2d 368 (Miss. 1999). “They further suggest that should Pine Hills argue that it has a right "to conduct a gaming operation if it meets the criteria for eligibility," it is wrong because there is no such right.”
Harrah's Vicksburg Corp., A Nevada v. E. L. Pennebaker, Jr. (Miss. 1999). “In Miss. Code Ann. § 75-76-3 (3), the Legislature codified the public policy of Mississippi in regard to the Mississippi Gaming Control Act.”
v. Treasured Arts Inc (Miss. 1996). “The Legislature enacted Miss. Code Ann. § 75-76-3 , which incorporates the same three basic elements of consideration, chance and prize.”
Mississippi Gaming Comm'n v. Harrison Cnty Bd of Educa (Miss. 1994). “Miss. Code Ann. § 75-76-3 (5) (1990). ¶11.”
Mississippi Gaming Comm'n v. E. L. Pennebaker, Jr. (Miss. 1997). “Miss. Code Ann. § 75-76-3 (Rev. 2000). In addition, the Gaming Commission has stated, "[the Commission] is not charged to protect existing licensees from additional competition, and we do not intend to allow perpetuation of oligopoly through challenges to sites of competitors.”
— Miss. Code Ann. § 75-76-3(3) — 1 case
Harrah's Vicksburg Corp. v. Pennebaker, 812 So. 2d 163 (Miss. 2001). “Miss.Code Ann. § 75-76-3 (2000). In a memorandum approving a gaming site proposed by Gold Strike Resort and Casino and Lone Star Pine Hills Corporation, the Mississippi Gaming Commission (the Commission) noted that this statutory language places "an affirmative duty on [it] to…”
— Miss. Code Ann. § 75-76-3(3)(2000) — 1 case
Harrah's Vicksburg Corp. v. Pennebaker, 812 So. 2d 163 (Miss. 2001). “Miss.Code Ann. § 75-76-3 (2000). In a memorandum approving a gaming site proposed by Gold Strike Resort and Casino and Lone Star Pine Hills Corporation, the Mississippi Gaming Commission (the Commission) noted that this statutory language places "an affirmative duty on [it] to…”
— Miss. Code Ann. § 75-76-3(5) — 3 cases
Concerned Citizens v. MISS. GAMING COM'N, 735 So. 2d 368 (Miss. 1999). “They further suggest that should Pine Hills argue that it has a right "to conduct a gaming operation if it meets the criteria for eligibility," it is wrong because there is no such right.”
Mississippi Gaming Comm'n v. Pennebaker, 824 So. 2d 552 (Miss. 2002). “Miss.Code Ann. § 75-76-3 (Rev.2000). In addition, the Gaming Commission has stated, “[the Commission] is not charged to protect existing licensees from additional competition, and we do not intend to allow perpetuation of oligopoly through challenges to sites of competitors.”
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