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 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.
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).