Before any person may supply gaming goods or services to a gaming operation, such person shall obtain from the Gaming Agency a gaming vendor's license.
Each person applying for a gaming vendor's license must complete the following forms:
A. 
Application for gaming vendor's license;
B. 
Disclosure form for business entity for each control person that is a business entity;
C. 
Personal history disclosure form for each control person who is a natural person;
D. 
Authorization to release information for each control person, business entity or natural person; and
E. 
Additional forms or information from an applicant as the Gaming Agency deems necessary.
Any applicant for a gaming vendor's license shall submit to the Gaming Agency an application on a form issued by the Commission which shall, at a minimum, include the following information:
A. 
Name of business, any other names the applicant has done business under, business address (including main office address, if different), telephone number, and federal tax ID number (or social security number if a sole proprietorship or single-member LLC);
B. 
Identification of the specific gaming goods or services the applicant is proposing to sell or supply to the gaming operation;
C. 
Identification of all gaming goods or services available from the applicant to any person;
D. 
Trade name(s) used in connection with gaming goods or services, names of any wholly owned subsidiaries or other businesses owned by the applicant;
E. 
Copies of documents establishing the existence of the applicant as a business entity, such as a partnership agreement, trust agreement or articles of incorporation;
F. 
Copies of documents establishing the ownership and control of the applicant's business affairs sufficient to permit identification of any and all control persons of the applicant;
G. 
Copies of documents designating the person(s) authorized to act on the applicant's behalf;
H. 
Copies of bylaws or other documents that provide the day-to-day operating rules for the applicant;
I. 
A description of any existing and previous business relationships involving Indian tribes, particularly those including ownership interests in those businesses;
J. 
A description of any existing and previous business relationships involving the gaming industry in general, particularly including ownership interests in those businesses;
K. 
The name and address of any licensing or regulatory agency with which the applicant or control persons shall have filed an application for a license or permit relating to gaming, whether or not such license or permit was granted, and whether such license or permit has ever been subject to suspension, revocation or other sanction;
L. 
For each gaming offense and for each felony for which there is an ongoing prosecution or a conviction involving the applicant or a control person, the name and address of the court involved, the charge, and the dates of the charge and disposition;
M. 
For each misdemeanor conviction or ongoing misdemeanor prosecution involving the applicant or a control person within ten (10) years of the date of the application, the name and address of the court involved, and the dates of the prosecution and disposition;
N. 
Complete financial statements or tax returns, with all relevant schedules, for the applicant for the previous three (3) fiscal years;
O. 
List of civil lawsuits to which the applicant or a control person has been a defendant within the previous ten (10) years, including the name and address of the court involved, the date and disposition; and
P. 
Any additional information the Gaming Agency deems relevant, or as prescribed in regulations adopted by the Commission.
Q. 
The following notice shall be placed on the application form for the applicant and all control persons: "Inclusion of false or misleading information in this application may be grounds for denial or revocation of any license."
A. 
The Gaming Agency shall conduct or cause to be conducted a background investigation of the applicant and each control person. Control persons who are natural persons shall be subject to the same background investigation as primary management officials, except that a criminal history check involving the submission of the fingerprints of control persons who are natural persons to the NIGC shall not be required. The background investigation shall consist of at least the following:
(1) 
Verify the applicant's legal identity and standing (if applicable) and verify the identity of all control persons who are natural persons through primary sources, such as government-issued identification and other documents, including without limitation social security cards, driver's licenses, birth certificates or passports;
(2) 
Contact each reference provided in the license application and, when warranted, contact other references and sources identified in the application in order to verify and supplement the information submitted by the applicant and to resolve any discrepancies encountered through the background investigation;
(3) 
Obtain a credit check (such as a Dun & Bradstreet report) and, regarding control persons who are natural persons, an individual credit history report, and verify the accuracy of financial information provided by the applicant and control persons by contacting financial institutions and other sources;
(4) 
Conduct a civil history check;
(5) 
Conduct a criminal history check regarding all control persons who are natural persons by obtaining information from law enforcement agencies and courts in the jurisdictions where such persons resided regarding all arrests, charges and convictions;
(6) 
Inquire into any previous or existing business relationships by contacting the entities or tribes; and
(7) 
Verify the applicant's history and status with any licensing agency.
B. 
The investigator shall create an investigative report that describes the investigative process, information gained, potential problem areas, and any disqualifying information. The Gaming Agency shall keep confidential the identity of each person interviewed in the course of the investigation, except as permitted under applicable federal or tribal law or the Compact.
A person is ineligible to receive a gaming vendor's license if any of the following exist:
A. 
The applicant, or any control person, has been convicted of a felony within the ten (10) years preceding the date of the license application;
B. 
The applicant, or any control person, has been convicted of or entered a plea of guilty or no contest to any gambling-related offense, theft-related crime or to a felony offense involving fraud or misrepresentation;
C. 
The applicant, or any control person, employs a person who is directly involved with the management or operations of any gaming operation;
D. 
The applicant, or any control person, submitted an application that contains materially false or misleading information;
E. 
The applicant, or any control person, is associated with organized crime;
F. 
The applicant, or any control person, is determined by the Gaming Agency to be an entity or person whose prior activities, reputation, habits and associations, including any conflicts of interest, pose a threat to the public interest or to the effective regulation and control of gaming, or create or enhance the dangers of unsuitable, unfair or illegal practices, methods or activities in the operation of gaming or the business and financial affairs related thereto; or
G. 
The applicant, if a supplier of gaming devices, has failed to demonstrate that it will provide devices that meet the technical requirements for such devices as prescribed in the Compact, in § 8.5-85.2, and as may be prescribed in the regulations.
A. 
Within fifteen (15) days following the completion of the background investigation(s) described in this chapter, the Agency shall review the application and the investigative report to determine if the applicant qualifies for a gaming vendor's license.
B. 
If the Gaming Agency determines, pursuant to § 8.5-75, that the applicant qualifies for the issuance of a license without any conditions, the Gaming Agency may approve the application and issue a license.
C. 
Not qualified or qualified with conditions.
(1) 
If the Gaming Agency determines, pursuant to § 8.5-75, that an applicant does not, or may not, qualify for the issuance of a license, or may qualify for a license only with certain conditions, because:
(a) 
The applicant's criminal history or past associations and/or habits indicate that the applicant's involvement in supplying gaming equipment or gaming goods or services may create or enhance the dangers of unsuitable, unfair or illegal practices, methods and activities in the conduct of gaming or to the carrying on of the business and financial arrangements incidental to the conduct of gaming; or
(b) 
The applicant may have knowingly and willfully provided materially false and misleading statements or information to the Gaming Agency or refused to respond to questions material to the suitability determination that have been asked by the Gaming Agency.
(2) 
The Gaming Agency shall notify the applicant that its application may be denied and, upon the applicant's request, shall schedule a hearing in accordance with the procedures described in Article X. If following such hearing the Commission determines that the applicant qualifies for the issuance of a license, with or without conditions, the Gaming Agency shall approve the application with or without conditions.
If following the hearing conducted under the procedures described in Article X the Gaming Agency denies any application for a gaming vendor's license under this chapter or issues a license with conditions or restrictions, the Gaming Agency shall, within seven (7) calendar days, notify the applicant that the application was denied, specify the reasons for the denial under the standards described in § 8.5-75, and inform the applicant of the applicant's right to appeal as provided in Article XI.
Except for temporary licenses issued pursuant to § 8.5-82, the terms of gaming vendor licenses issued by the Gaming Agency shall be two (2) years. The term of license shall commence on the date the license becomes effective, inclusive of the effective date of any temporary license, and shall expire at the conclusion of the specified license term on the anniversary of the effective date of the license.
A holder of a gaming vendor's license shall apply to the Gaming Agency for a renewal not later than sixty(60) days before its current license expires by completing all forms required by the Gaming Agency. Each applicant for a license renewal shall revise and supplement the information provided to the Gaming Agency with the licensee's initial gaming vendor's license application on such forms and subject to such requirements as may be prescribed by the Gaming Agency. A temporary gaming vendor's license may be granted where the holder of the license has timely sought a license renewal and paid all required fees and costs but the license renewal has not been approved by the Gaming Agency.
The Gaming Agency may suspend, summarily suspend, or revoke a gaming vendor's license in accordance with the procedures described in § 8.5-68, provided that any determination to suspend or revoke a gaming vendor's license shall be made under the standards set forth in § 8.5-75.
The Gaming Agency shall create a separate file for each applicant that includes all forms, documents and information submitted by the applicant and all background information compiled by the Gaming Agency. The Gaming Agency shall retain such files for no less than three (3) years from the date of expiration of an applicant's license, including any renewal.
The Gaming Commission is authorized to promulgate regulations establishing the standards and procedures for issuance of temporary licenses to applicants for gaming vendor's license, including the issuance of temporary licenses to persons licensed by duly established and authorized regulatory agencies in other jurisdictions.
The Gaming Commission is authorized to promulgate regulations establishing the standards and procedures for issuance of licenses, or other registration requirements, for vendors or suppliers of nongaming services and/or suppliers, including the issuance of temporary licenses to persons licensed by duly established and authorized regulatory agencies in other jurisdictions.
The Gaming Commission is authorized to promulgate regulations establishing the standards and procedures for issuance of licenses to gaming vendor technician or nongaming vendor services technicians employed by applicants for gaming vendor's license or nongaming vendors/suppliers, whose services the Gaming Agency and Commission determine require licensing or whose services include services of a type normally performed by key employees or other licensees of a gaming enterprise, including the issuance of temporary licenses to persons licensed by duly established and authorized regulatory agencies in other jurisdictions and exemption from licensing or registration for vendors providing goods or services where deemed appropriate (i.e., professional services subject to other licensing; one-time purchases).