§ 3-617 Licensing process for gaming resource suppliers.
Gaming resource suppliers, excluding management contractors and including financial sources required to be licensed under the tribal-state compact, shall be licensed in accordance with the following process. In order to obtain a gaming resource supplier license, a business must complete a gaming resource supplier license application and submit to a background investigation. For applicants that are business entities, licensing and background investigation provisions of this chapter shall apply to the entity as well as:
A. Each of its officers, limited liability members, and directors;
B. Each of its principal management employees, including any chief executive officer, chief financial officer, chief operating officer, and general manager;
C. Each of its owners, or partners, if an unincorporated business;
D. Each of its shareholders who owns more than ten percent (10%) of the shares of the corporation, if a corporation, or who has a direct controlling interest in the applicant; and
E. Each person or entity (other than a financial source that the Gaming Commission has determined does not require a license) that, alone or in combination with others, has provided financing in connection with any gaming operation or gaming activities of the Tribe, if that person or entity provided more than ten percent (10%) of either the start-up capital or the operating capital, or of a combination thereof, over a twelve (12) month period.
For purposes of this section, where there is any commonality of the characteristics identified in subsections (A) through (E) of this section between any two (2) or more entities, those entities may be deemed to be a single entity. For purposes of this section, a direct controlling interest in the applicant referred to in subsection (D) of this section excludes any passive investor or anyone who has an indirect or only a financial interest and does not have the ability to control, manage or direct the management decisions of the applicant. (Res. 2019-28)