BASIS AND PURPOSE FOR RULE 3 

The purpose of Rule 3 is to establish and provide the specific information required on license applications; to establish yearly license fees for each type of license; to establish nonrefundable application fees; to establish investigation fees for certain applicants and deposit procedures for investigation fees; to establish procedures for conducting background checks on applicants and other interested persons and assessing the costs of such background checks; to require certain information regarding the premises the applicant wishes to be licensed, and to provide a procedure for approval of modifications of such premises; and to provide for the issuance of conditional, temporary, and duplicate licenses. The statutory basis for Rule 3 is found in sections 12-47.1-201, C.R.S., 12-47.1-203, C.R.S., 12-47.1-302, C.R.S., and part 5 of article 47.1 of title 12, C.R.S.
47.1-305.5 Table Game Review Fees 

(1)	Persons seeking approval of variation games of poker, blackjack, craps, roulette, blackjack-poker combination games and table games with electronic betting terminals, shall pay a fee of $2,000.00 for costs of inspection, examination, and evaluation of the game and for drafting regulations and internal control minimum procedures governing play and control of such game.

47.1-325  Approval and field trial of variation games of poker, blackjack, craps, roulette,
   blackjack-poker combination games and table games with electronic betting
   terminals.
Requests for approval of new variation games of poker, blackjack, craps, roulette, blackjack-poker combination games and table games with electronic betting terminals (EBTs) shall be made on such forms and processed in such manner as the Director shall prescribe. 
(3)	The test period for new variation games shall not exceed 180 days, from date offered for public play, during which time the Director or designee may amend the rules of play and may make minor modifications to the trial game. The Director may order termination of the test period at any time prior to the end of 180 days if, in the Director’s or designee’s discretion, the Director or designee determines:
(a)	That the game cannot be lawfully played in the State of Colorado; 
(b)	That further testing will not be of benefit to the Division or the Commission; 
(c)	That either the developer or distributor of the proposed game, or the retail licensee, has not complied with the terms and conditions of the order authorizing the test; or 
(d)	For any other cause.
(3.5)	EBTs, when utilized with approved games, are deemed in a field trial status for 90 days from date offered for public play. Unless the Director or designee terminates the field trial of such equipment for cause, authorization and approval for use of EBTs shall become effective at the conclusion of field trial. The Division shall determine field trial testing criteria specific to various EBTs or equipment. Where applicable, Colorado Gaming Regulations 47.1-1202 and 47.1-1203 shall apply to EBTs.    
 
(6)        At the conclusion or termination of the test period, the proposed game shall be removed from play at the trial locations, and play shall not be reinstated until the game has been approved by the Commission, by rule. While a new variation game is in field trial testing, the Division’s table games committee shall make a preliminary determination as to the legality of the game, no later than 90 days from when the game is offered for public play. If in the Division’s determination the game is lawful, the Division will notice and post rules for rule making hearing. Any licensee, who agreed to field trial the game, may retain and play the game throughout the rule making hearing and final approval process, not to exceed 180 days. When rules are approved by the Limited Gaming Commission and become effective, only then shall the game become available to all retail licensees to pursue acquisition of rights to offer the game.