The Gaming Agency, consistent with IGRA, the Compact and this chapter, shall ensure that the following classes of persons acquire and maintain valid licenses pursuant to this chapter:
The Commission may develop regulations establishing licensing or background investigation requirements for other groups of persons, by classifying additional employees of gaming operations as "work permit employees," by requiring licensing for other categories of employees of a gaming operation, or requiring licensing of persons doing business with a gaming operation in addition to vendors of gaming goods or services.
No person shall conduct Class II gaming or Class III gaming at any location within the Reservation unless such gaming is conducted at a gaming establishment licensed by the Commission as set forth in Article VI.
No person shall manage a Class II or a Class III gaming operation within the Reservation unless such person possesses a management contractor's license issued by the Commission as set forth in Article VII.
No person shall be employed as primary management official, key employee or work permit at any gaming operation within the Reservation unless such person is licensed by the Gaming Agency as set forth in Article VII.
No person shall supply any gaming goods or services to any gaming operation within the Reservation unless such person is licensed by the Gaming Agency as set forth in Article VIII.
A.
No property interest or promise of employment or contract. Neither the consideration of the issuance of a license nor the issuance of a license creates or grants to an applicant or a licensee a property interest or due process rights except as may be explicitly provided by this chapter or other tribal laws. The granting of a license by the Gaming Agency does not constitute a commitment on behalf of the Gaming Agency or any other party to contract with, hire or continue to employ or contract with the licensee.
B.
Duties of applicants and licensees. Applicants are required to provide or perform the following:
(1)
Responsibility to establish qualifications. An applicant for any license or license renewal required by this chapter has the burden of proving by clear and convincing evidence that all standards and other requirements applicable to such license are met. No license shall be granted to any applicant who fails to meet the evidentiary standards and all applicable licensing standards and requirements.
(2)
Duty to disclose and cooperate. It shall be the responsibility and continuing duty of each applicant/licensee to promptly furnish all information, documentation, assurances, consents, waivers, fingerprint impressions, photographs or other materials required or requested by the Gaming Agency and Commission and to cooperate with the Agency and the Commission in the performance of its duties. Failure to furnish same after receipt of request shall constitute grounds for delaying consideration or denial of the application.
(3)
Licensee's continuing duty to promptly furnish information. Licensees shall promptly notify the Gaming Agency of any occurrence or event in their lives which constitutes a material change (e.g., arrest, filing of criminal charges, address change, name change, etc.) in any information provided in the licensee's application. The failure to promptly report within seventy-two (72) hours of occurrence such information or refusal to comply with a request by the Gaming Agency for information, evidence or testimony may be considered grounds for the suspension, restriction or revocation of a license.
(5)
Waiver of liability for disclosure of information. Applicants/licensees accept and assume all risks of harm from any public disclosure of information related to the licensing process. Applicants/licensees expressly waive any claims against the Commission, the Agency and the Tribe as well as any person that furnishes information in good faith to the Gaming Agency or the Commission in any matter relating to the licensing process.
(6)
Consent to examination of accounts and records. Each applicant/licensee shall, in writing, consent to the examination of all bank accounts, other accounts and other records, whether held in the possession or under the control of the applicant/licensee or a third party. Furthermore, the applicant/licensee shall authorize and direct all third parties in possession or with control of such accounts or records to allow such examination thereof by the Gaming Agency or the Commission as the Agency or the Commission, as appropriate, deems necessary.
(7)
Consent to jurisdiction. Any person who applies for a license under this chapter shall be deemed to have given consent to the personal jurisdiction of the Tribe, the Commission and the Tribal Court and to have waived all available defenses against such jurisdiction. Nothing in this chapter shall limit the jurisdiction of the Tribe, the Agency or Commission or the Tribal Court under any circumstances, except as explicitly stated herein.
(8)
Nontransferability of license. All licenses shall be nontransferable and shall prohibit the licensee from transferring any rights or duties related to the license either directly or indirectly without the express approval of the Gaming Agency.
Once filed, an application for any license may not be withdrawn by an applicant without the express permission of the Executive Director. An applicant may request permission to withdraw an application by submitting a written request to the Executive Director. The Executive Director may grant or deny such a request, in its sole discretion.
A.
Every license issued by the Gaming Agency shall be conditioned upon the licensee continuing to remain eligible to hold such license under the terms and conditions set forth in this chapter and any special conditions prescribed by the Agency.
B.
In the case of licenses approved for tribal members pursuant to § 8.5-62D, the Commission reserves the right to condition the issuance of and continuing right to maintain any license upon the applicant's agreement to comply with certain conditions associated with the holding of such license. Such conditions shall be related to the type of license sought and shall be narrowly tailored to address any specific regulatory concerns associated with the applicant, as revealed by the background investigation, including the particular job responsibilities or contractual obligations to be performed by the applicant.
All licenses, with the exception of temporary licenses, shall be for a term of two (2) years and shall expire on the second anniversary of the effective date of the license.
The Commission shall, by regulation, establish a schedule of fees for each type of license issued under this chapter or defer the cost to the gaming operation as an operational expense. The amount of such fees shall be reasonably related to the recovery of the costs of administering the licensing responsibilities under this chapter.
