(1) In addition to any
other powers and duties set forth in this part 3, and notwithstanding the
designation of the Colorado limited gaming control commission under section 44-30-201 as a type 2 entity, the commission nonetheless has the following powers
and duties:
(a) To promulgate the rules governing the licensing, conducting, and
operating of limited gaming and sports betting as it deems necessary to carry out
the purposes of this article 30. The director shall prepare and submit to the
commission written recommendations concerning proposed rules for this purpose.
(b) To conduct hearings upon complaints charging violations of this article
30 or rules promulgated pursuant to this article 30, and to conduct any other
hearings as may be required by rules of the commission;
(c) To enter into agreements with the Colorado bureau of investigation and
state and local law enforcement agencies for the conduct of investigation,
identification, or registration, or any combination thereof, of licensed operators and
employees in licensed premises or in premises containing licensed premises in
accordance with the provisions of this article 30, which conduct shall include, but
not be limited to, performing background investigations and criminal records
checks on an applicant applying for licensure pursuant to the provisions of this
article 30 and investigating violations of any provision of this article 30 or of any
rule promulgated by the commission pursuant to subsection (1)(a) of this section
discovered as a result of the investigatory process or discovered by the department
or the commission in the course of conducting its business. Nothing in this section
shall prevent or impair the Colorado bureau of investigation or state or local law
enforcement agencies from engaging in the activities set forth in this subsection
(1)(c) on their own initiative.
(d) To conduct a continuous study and investigation of limited gaming and
sports betting throughout the state for the purpose of ascertaining any defects in
this article 30 or in the rules promulgated pursuant to this article 30 in order to
discover any abuses in the administration and operation of the division or any
violation of this article 30 or any rule promulgated pursuant to this article 30;
(e) To formulate and recommend changes to this article 30 or any rule
promulgated pursuant to this article 30 for the purpose of preventing abuses and
violations of this article 30 or any of the rules promulgated pursuant to this article
30; to guard against the use of this article 30 and the rules as a cloak for the
conducting of illegal activities; and to ensure that this article 30 and the rules shall
be in such form and be so administered as to serve the true purpose and intent of
this article 30;
(f) To report immediately to the governor, the attorney general, the speaker
of the house of representatives, the president of the senate, the minority leaders of
both houses, and any other state officers as the commission deems appropriate
concerning any laws that it determines require immediate amendment to prevent
abuses and violations of this article 30 or any rule promulgated pursuant to this
article 30 or to remedy undesirable conditions in connection with the administration
or the operation of the division, limited gaming, or sports betting;
(g) To require any special reports from the director that it considers
necessary;
(h) To issue temporary or permanent licenses to those involved in the
ownership, participation, or conduct of limited gaming or sports betting;
(i) Upon complaint, or upon its own motion, to levy fines and to suspend or
revoke, licenses that the commission has issued;
(j) To establish and collect fees and taxes upon persons, licenses, and
gaming devices used in, or participating in, limited gaming or sports betting;
(k) To obtain all information from licensees and other persons and agencies
that the commission deems necessary or desirable in the conduct of its business;
(l) To issue subpoenas for the appearance or production of persons, records,
and things in connection with applications before the commission or in connection
with disciplinary or contested cases considered by the commission;
(m) To apply for injunctive or declaratory relief to enforce the provisions of
this article 30 and any rules promulgated pursuant to this article 30;
(n) (I) Except as otherwise provided in subsection (1)(n)(II) of this section, to
inspect and examine without notice all premises in which limited gaming or sports
betting is conducted or where devices or equipment used in those activities are
located, manufactured, sold, or distributed, and to summarily seize, remove, and
impound, without notice or hearing, from the premises any equipment, devices,
supplies, books, or records for the purpose of examination or inspection.
(II) Subsection (1)(n)(I) of this section does not apply to an owner, operator,
employee, or customer of a simulated gambling device, or of a business offering
simulated gambling devices, who:
(A) Ceased participating in such activity on or before July 1, 2018; and
(B) Provides clear documentation to the district attorney that a lawful
contract has been entered into for the sale or transfer of all simulated gambling
devices connected with the activity to a person by whom, or into a jurisdiction
where, the activity is lawful; and consummates the contract by actually selling or
transferring the simulated gambling devices within one hundred eighty days after
the contract was entered into or after any simulated gambling devices that were
seized, confiscated, or forfeited by law enforcement authorities have been
returned, whichever occurs later.
(o) To enter into contracts with any governmental entity to carry out its
duties without compliance with the provisions of the Procurement Code, articles
101 to 112 of title 24. The contracts or formal agreements, or both, are to be based
on preestablished commission criteria specifying minimum levels of cooperation
and conditions for payment.
(p) To exercise any other incidental powers as may be necessary to ensure
the safe and orderly regulation of limited gaming and sports betting and the secure
collection of all revenues, taxes, and license fees;
(q) To establish internal control procedures for licensees, including
accounting procedures, reporting procedures, and personnel policies;
(r) To establish and collect fees for performing background checks on all
applicants for licenses and on all persons with whom the commission or division
may agree with or contract with for the providing of goods or services, as the
commission deems appropriate;
(s) To establish and collect fees for performing, or having performed, tests
on equipment and devices to be used in limited gaming or sports betting;
(t) To establish a field office in Black Hawk, Central City, or Cripple Creek, as
deemed necessary by the commission;
(u) To demand, at any time when business is being conducted, access to and
inspection, examination, photocopying, and auditing of all papers, books, and
records of applicants and licensees, on their premises or elsewhere as practicable
and in the presence of the licensee or the licensee's agent, pertaining to the gross
income produced by any establishment or activity licensed under this article 30; to
require verification of income and all other matters affecting the enforcement of
the policies of the commission or any provision of this article 30; and to impound or
remove all papers, books, and records of applicants and licensees, without hearing,
for inspection or examination;
(v) To prescribe voluntary alternative methods for the making, filing, signing,
subscribing, verifying, transmitting, receiving, or storing of returns or other
documents; and
(w) To determine whether persons that are not licensed by the commission to
conduct sports betting or limited gaming operations are offering to one or more
members of the public, in any city, town, city and county, or county:
(I) Unlicensed sports betting operations;
(II) Unlicensed internet sports betting operations; or
(III) Unlicensed establishments that allow the use of equipment or devices
that qualify as slot machines or are used to play roulette or craps.
(2) Rules promulgated pursuant to subsection (1) of this section must
include, at a minimum, the following:
(a) The types of limited gaming and sports betting activities to be conducted
and the rules for those activities;
(b) The requirements, qualifications, and grounds for the issuance,
revocation, suspension, and summary suspension of all types of permanent and
temporary licenses required for the conduct of limited gaming or sports betting;
(c) Qualifications of persons to hold limited gaming or sports betting
licenses;
(d) Restrictions upon the times, places, and structures where limited gaming
or sports betting are authorized;
(e) The ongoing operation of limited gaming or sports betting activities,
including the testing and approval of software or accounting systems used in
connection with limited gaming or sports betting;
(f) The scope and conditions for investigations and inspections into the
conduct of limited gaming or sports betting, the background of licensees and
applicants for licenses, the premises where limited gaming or sports betting are
authorized, all premises where gaming devices are located, the books and records
of licensees, and the sources and maintenance of limited gaming or sports betting
devices and equipment;
(g) Activities that constitute fraud, cheating, or illegal or criminal activities;
(h) The percentage of the adjusted gross proceeds to be paid by each
licensee to the commission, in addition to license fees and taxes;
(i) The seizure without notice or hearing of gaming equipment, supplies, or
books and records for the purpose of examination and inspection;
(j) The disclosure of the complete financial interests of applicants for
licenses or of licensees;
(k) The issuance or denial of support licenses by the director;
(l) The granting of certain licenses with special conditions or for limited
periods, or both;
(m) The establishment of procedures for determining suitability or
unsuitability of persons, acts, or practices;
(n) The payment of costs incurred in the operation and administration of the
division, and the costs resulting from any contract entered into for consulting or
operational services;
(o) The payment of costs incurred by the Colorado bureau of investigation
and any other agencies for investigations or background checks, which shall be
paid by applicants for licenses or by licensees;
(p) The levying of fines for violations of this article 30 or any rule
promulgated pursuant to this article 30;
(q) The amount of license fees for all types of licenses issued by the
commission and the division;
(r) The conditions and circumstances that constitute suitability of persons,
locations, and equipment for gaming or sports betting;
(s) The types and specifications of all equipment and devices used in or with
limited gaming or sports betting; and
(t) All other provisions necessary to accomplish the purposes of this article
30.
(3) Repealed.