§ 1318 — Disqualifying criteria

§ 1318. Disqualifying criteria. 1. The commission shall deny a license\nto any applicant who the commission determines is disqualified on the\nbasis of any of the following criteria, subject to notice and an\nopportunity for hearing:\n (a) failure of the applicant to prove by clear and convincing evidence\nthat the applicant is qualified in accordance with the provisions of\nthis article;\n (b) failure of the applicant to provide information, documentation and\nassurances required by this article or requested by the commission, or\nfailure of the applicant to reveal any fact material to qualification,\nor the supplying of information which is untrue or misleading as to a\nmaterial fact pertaining to the qualification criteria;\n (c) the conviction of the applicant, or of any person required to be\nqualified under this article as a condition of a license, of any offense\nin any jurisdiction which is or would be a felony or other crime\ninvolving public integrity, embezzlement, theft, fraud or perjury;\n (d) committed prior acts which have not been prosecuted or in which\nthe applicant, or of any person required to be qualified under this\narticle as a condition of a license, was not convicted but form a\npattern of misconduct that makes the applicant unsuitable for a license\nunder this article; or\n (e) if the applicant, or of any person required to be qualified under\nthis article as a condition of a license, has affiliates or close\nassociates that would not qualify for a license or whose relationship\nwith the applicant may pose an injurious threat to the interests of the\nstate in awarding a gaming facility license to the applicant;\n (f) any other offense under present state or federal law which\nindicates that licensure of the applicant would be inimical to the\npolicy of this article; provided, however, that the disqualification\nprovisions of this section shall not apply with regard to any\nmisdemeanor conviction;\n (g) current prosecution or pending charges in any jurisdiction of the\napplicant or of any person who is required to be qualified under this\narticle as a condition of a license, for any of the offenses enumerated\nin paragraph (c) of subdivision one of this section; provided, however,\nthat at the request of the applicant or the person charged, the\ncommission may defer decision upon such application during the pendency\nof such charge;\n (h) the pursuit by the applicant or any person who is required to be\nqualified under this article as a condition of a license of economic\ngain in an occupational manner or context which is in violation of the\ncriminal or civil public policies of this state, if such pursuit creates\na reasonable belief that the participation of such person in gaming\nfacility operations would be inimical to the policies of this article.\nFor purposes of this section, occupational manner or context shall be\ndefined as the systematic planning, administration, management, or\nexecution of an activity for financial gain;\n (i) the identification of the applicant or any person who is required\nto be qualified under this article as a condition of a license as a\ncareer offender or a member of a career offender cartel or an associate\nof a career offender or career offender cartel in such a manner which\ncreates a reasonable belief that the association is of such a nature as\nto be inimical to the policy of this article. For purposes of this\nsection, career offender shall be defined as any person whose behavior\nis pursued in an occupational manner or context for the purpose of\neconomic gain, utilizing such methods as are deemed criminal violations\nof the public policy of this state. A career offender cartel shall be\ndefined as any group of persons who operate together as career\noffenders;\n (j) the commission by the applicant or any person who is required to\nbe qualified under this article as a condition of a license of any act\nor acts which would constitute any offense under paragraph (c) of\nsubdivision one of this section, even if such conduct has not been or\nmay not be prosecuted under the criminal laws of this state or any other\njurisdiction;\n (k) flagrant defiance by the applicant or any person who is required\nto be qualified under this article of any legislative investigatory body\nor other official investigatory body of any state or of the United\nStates when such body is engaged in the investigation of crimes relating\nto gaming, official corruption, or organized crime activity; and\n (l) failure by the applicant or any person required to be qualified\nunder this article as a condition of a license to make required payments\nin accordance with a child support order, repay an overpayment for\npublic assistance benefits, or repay any other debt owed to the state\nunless such applicant provides proof to the executive director's\nsatisfaction of payment of or arrangement to pay any such debts prior to\nlicensure.\n