At least 60 days before a casino operator applies for renewal of a casino operator license under section 1017, subsection 4, the casino operator must first seek approval for the renewal under this section from the municipal officers of the municipality in which the casino is located or, if the casino is in an unincorporated place, the casino operator must seek approval for the renewal under this section from the county commissioners of the county in which the casino is located.
1.Hearings.
Municipal officers or county commissioners, as the case may be, may hold a public hearing for the consideration of a request for the renewal of a license to operate a casino, except that, when an applicant has held a license for the prior 5 years and a complaint has not been filed with the board against
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At least 60 days before a casino operator applies for renewal of a casino operator license under section 1017, subsection 4, the casino operator must first seek approval for the renewal under this section from the municipal officers of the municipality in which the casino is located or, if the casino is in an unincorporated place, the casino operator must seek approval for the renewal under this section from the county commissioners of the county in which the casino is located.
1.
Hearings.
Municipal officers or county commissioners, as the case may be, may hold a public hearing for the consideration of a request for the renewal of a license to operate a casino, except that, when an applicant has held a license for the prior 5 years and a complaint has not been filed with the board against the applicant within that time, the applicant may request a waiver of the hearing.
2.
Findings.
In granting or denying an application under this section, municipal officers or the county commissioners shall indicate the reasons for their decision and provide a copy to the applicant. A license may be denied on one or more of the following grounds:
3.
Appeal to board.
Any applicant aggrieved by the decision of the municipal officers or county commissioners under this section may appeal to the board within 15 days of the receipt of the written decision of the municipal officers or county commissioners. The board shall hold a public hearing in the city, town or unincorporated place where the premises of the casino are situated. In acting on such an appeal, the board may consider all licensure requirements and findings referred to in subsection 2. If the decision appealed is an application denial, the board may issue the license only if it finds by clear and convincing evidence that the decision was without justifiable cause.
4.
Appeal to District Court.
Any person or governmental entity aggrieved by a board decision under this section may appeal the decision to the District Court within 30 days of receipt of the written decision of the board. An applicant who files an appeal or who has an appeal pending shall pay the license renewal fee the applicant would otherwise pay. Upon resolution of the appeal, if the applicant's license renewal is denied, the board shall refund the applicant the prorated amount of the unused license fee.