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This entry was published on 2014-09-22
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SECTION 1317
Investigation of license applicants
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 13, TITLE 2
§ 1317. Investigation of license applicants. 1. Upon receipt of an
application for a gaming facility license, the commission shall cause to
be commenced an investigation by the division of state police into the
suitability of the applicant. In evaluating the suitability of the
applicant, the commission shall consider the overall reputation of the
applicant including, without limitation:

(a) the integrity, honesty, good character and reputation of the
applicant;

(b) the financial stability, integrity and background of the
applicant;

(c) the business practices and the business ability of the applicant
to establish and maintain a successful gaming facility;

(d) whether the applicant has a history of compliance with gaming
licensing requirements in other jurisdictions;

(e) whether the applicant, at the time of application, is a defendant
in litigation involving its business practices;

(f) the suitability of all parties in interest to the gaming facility
license, including affiliates and close associates and the financial
resources of the applicant; and

(g) whether the applicant is disqualified from receiving a license
under this article; provided, however, that in considering the
rehabilitation of an applicant for a gaming facility license, the
commission shall not automatically disqualify an applicant if the
applicant affirmatively demonstrates, by clear and convincing evidence,
that the applicant has financial responsibility, character, reputation,
integrity and general fitness as such to warrant belief by the
commission that the applicant will act honestly, fairly, soundly and
efficiently as a gaming licensee.

2. If the investigation reveals that an applicant has failed to:

(a) establish the applicant's integrity or the integrity of any
affiliate, close associate, financial source or any person required to
be qualified by the commission;

(b) demonstrate responsible business practices in any jurisdiction; or

(c) overcome any other reason, as determined by the commission, as to
why it would be injurious to the interests of the state in awarding the
applicant a gaming facility license, the commission shall deny the
application, subject to notice and an opportunity for hearing.

3. If the investigation reveals that an applicant is suitable to
receive a gaming facility license, the entity shall recommend that the
commission commence a review of the applicant's entire application.