Section 3000.240  Supplier's Licenses

 

a)         Initial Licensing

 

1)         Term of License.  An initial Supplier's License issued by the Board shall be for a term of one year.  After the expiration of the one year initial license, the licensee may apply for a renewal Supplier's License in accord with Section 3000.241.

 

2)         Overview of Licensing Procedures.  Applications for Supplier's Licenses shall be subject to the following procedures prior to licensing:

 

A)        Application;

 

B)        Investigation of the applicant;

 

C)        Action of the Board; and

 

D)        Different or additional licensing procedures as required of the applicant by the Board.

 

b)         Investigation of the Applicant and Application.  An applicant is responsible for compliance with all requests for information, documents, or other materials relating to the applicant and the applicant's application.

 

c)         In determining whether to grant such a license, the Board shall consider the character, reputation, financial integrity and experience of the applicant, its Key Persons and any person who controls, directly or indirectly, the applicant.  In addition, the Board shall consider whether the aforementioned applicant and individuals' background, reputation and associations will result in adverse publicity for the State of Illinois and its Riverboat Gaming industry.  In addition, an applicant must demonstrate that it has sufficient competence to provide products or services for the supply of which it seeks licensing.

 

d)         An applicant must satisfy the Board by clear and convincing evidence that the applicant has met the requirements of Section 8 of the Act and Board Rules.

 

e)         Action of the Board

 

1)         If the Board finds the applicant suitable for licensing, it shall direct the Administrator to issue the applicant a Supplier's License upon payment of the applicant's license fee.

 

2)         If the Board finds the applicant not suitable for licensing, it shall issue the applicant a Notice of Denial by certified mail or personal delivery.

 

f)         Request for Hearing

 

1)         An applicant who is served with a Notice of Denial may request a hearing in accord with Section 3000.405.

 

2)         If a hearing is not requested, the Notice of Denial becomes the final order of the Board denying the applicant's license application.

 

g)         Reapplication for Denied License.  If an applicant is denied a license, the applicant may not reapply for a license within one year from the date on which the Board voted to deny his application, without leave of the Board.

 

h)         Requirements During Licensed Period

 

1)         Annual Fee.  The holder of a Supplier's License shall submit to the Board an annual license fee in accord with the requirements of Section 3000.210.  The holder of a Supplier's License shall pay this annual fee upon initial licensing and every year during a renewal licensing period, including restricted license renewal periods, for the duration of the license.

 

2)         Annual Submissions to the Board

 

A)        The holder of a Supplier's License annually shall submit to the Board an affidavit attesting to or attaching the following information:

 

i)          Any and all past or pending disciplinary actions taken against the licensee in any other jurisdictions;

 

ii)         Any and all equipment, devices and supplies offered for sale or lease in connection with Games authorized under the Act and this Part;

 

iii)        Any and all fees received from management agreements or consulting services with holders of Illinois owner licenses, and the basis for the calculation of fees received;

 

iv)        The most recent year end financial statements, and the most recent Form 10K and 10Q filings with the Securities and Exchange Commission by the licensee and its parent company if they are publicly held corporations;

 

v)         An organizational chart of the licensee showing parent and subsidiary entities in relation to the licensee, including a separate listing of all Key Persons of the licensee;

 

vi)        A list of revenues derived from Illinois sales and/or leases during the previous licensing period, categorized according to date and owner licensee;

 

vii)       Disclosure of any past or pending material litigation;

 

viii)      Any specific plans for changes in the financing, ownership or organization of the licensed entity; and

 

ix)        An affidavit certifying the licensee is in compliance with required payment of all applicable federal and State taxes.

 

B)        The holder of a Supplier's License shall make such annual submissions to the Board upon initial licensing and every year during a renewal licensing period, including restricted license renewal periods.

 

(Source:  Amended at 20 Ill. Reg. 14765, effective October 31, 1996)