(1)The commission shall
deny a license to any applicant who is disqualified for licensure on the basis of any
of the following criteria:
(a)Failure of the applicant to prove by clear and convincing evidence that
the applicant is qualified in accordance with the provisions of this article 30;
(b)Failure of the applicant to provide information, documentation, and
assurances required by this article 30 or requested by the commission, failure of
the applicant to reveal any fact material to qualification, or the supplying of
information that is untrue or misleading as to a material fact pertaining to the
qualification criteria;
(c)Conviction of the applicant, or any of its officers or directors, or any of its
general partners, or any stockholders, limited partners, or other perso
Free access — add to your briefcase to read the full text and ask questions with AI
(1) The commission shall
deny a license to any applicant who is disqualified for licensure on the basis of any
of the following criteria:
(a) Failure of the applicant to prove by clear and convincing evidence that
the applicant is qualified in accordance with the provisions of this article 30;
(b) Failure of the applicant to provide information, documentation, and
assurances required by this article 30 or requested by the commission, failure of
the applicant to reveal any fact material to qualification, or the supplying of
information that is untrue or misleading as to a material fact pertaining to the
qualification criteria;
(c) Conviction of the applicant, or any of its officers or directors, or any of its
general partners, or any stockholders, limited partners, or other persons having a
financial or equity interest of five percent or greater in the applicant, of any of the
following:
(I) Service of a sentence upon conviction of a felony in a correctional facility,
city or county jail, or community correctional facility or under the supervision of the
state board of parole or any probation department within ten years prior to the date
of the application, notwithstanding the provisions of section 24-5-101;
(II) Service of a sentence upon conviction of any misdemeanor gambling-related offense or misdemeanor theft by deception in a correctional facility, city or
county jail, or community correctional facility or under the supervision of the state
board of parole or any probation department within ten years prior to the date of
the application, notwithstanding section 24-5-101;
(III) Service of a sentence upon conviction of any misdemeanor involving
fraud or misrepresentation in a correctional facility, city or county jail, or community
correctional facility or under the supervision of the state board of parole or any
probation department within ten years prior to the date of the application,
notwithstanding the provisions of section 24-5-101;
(IV) Service of a sentence upon conviction of any gambling-related felony or
felony involving theft by deception in a correctional facility, city or county jail, or
community correctional facility or under the supervision of the state board of parole
or any probation department, notwithstanding the provisions of section 24-5-101;
(V) Service of a sentence upon conviction of any felony involving fraud or
misrepresentation in a correctional facility, city or county jail, or community
correctional facility or under the supervision of the state board of parole or any
probation department, notwithstanding the provisions of section 24-5-101;
(d) Current prosecution or pending charges in any jurisdiction against the
applicant, or against any person listed in subsection (1)(c) of this section, for any of
the offenses enumerated in subsection (1)(c) of this section; except that, at the
request of the applicant or the person charged, the commission shall defer decision
upon the application during the pendency of the charge;
(e) The identification of the applicant or any person listed in subsection (1)(c)
of this section as a career offender or a member of a career offender cartel or an
associate of a career offender or a career offender cartel in a manner that creates a
reasonable belief that the association is of such a nature as to be inimical to the
policy of this article 30 and to gaming operations. For purposes of this section,
career offender means any person whose behavior is pursued in an occupational
manner or context for the purpose of economic gain, utilizing such methods as are
deemed criminal violations of the public policy of this state. For purposes of this
section, career offender cartel means any group of persons who operate together
as career offenders.
(f) Refusal to cooperate by the applicant or any person who is required to be
qualified under this article 30 with any legislative investigatory body or other
official investigatory body of any state or of the United States when the body is
engaged in the investigation of crimes relating to gaming, official corruption, or
organized crime activity;
(g) The applicant, or any of its officers or directors, or any of its general
partners, or any stockholders, limited partners, or other persons having a financial
or equity interest of five percent or greater in the applicant is or has been a
professional gambler as that term is defined in article 10 of title 18.