75-76-63 - Other persons subject to findings of suitability and licensing; termination of agreements upon finding of unsuitability or failure to obtain license.
§ 75-76-63. Other persons subject to findings of suitability and licensing; termination of agreements upon finding of unsuitability or failure to obtain license.
(1) The executive director may require a finding of suitability, and the commission may require the licensing, of any person who furnishes services or property to a gaming licensee under any arrangement pursuant to which the person receives payments based on earnings, profits or receipts from gaming. The executive director may require any such person to comply with the requirements of this chapter and with the regulations of the commission. If the commission determines that any such person is unsuitable, the executive director may require the arrangement to be terminated.
(2) If the premises of a licensed gaming establishment are directly or indirectly owned or under the control of the licensee therein, or of any person controlling, controlled by, or under common control with the licensee, the executive director may require the application of any person for a determination of suitability to be associated with a gaming enterprise if the person:
(a) Does business on the premises of the licensed gaming establishment;
(b) Does business with the licensed gaming establishment as a junket representative or ticket purveyor; or
(c) Provides any goods or services to the licensed gaming establishment for a compensation which the executive director finds to be grossly disproportionate to the value of the goods or services.
(3) If the commission determines that the person is unsuitable to be associated with a gaming enterprise, the association must be terminated. Any agreement which entitles a business other than gaming to be conducted on the premises, or entitles a person to conduct business with the licensed gaming establishment as set forth in paragraph (b) or (c) of subsection (2) of this section, is subject to termination upon a finding of unsuitability of the person associated therewith. Every such agreement must be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the commission that the person associated therewith is unsuitable to be associated with a gaming enterprise. Failure expressly to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.
(4) If the application is not presented to the executive director within thirty (30) days following demand or the unsuitable association is not terminated, the executive director may pursue any remedy or combination of remedies provided in this chapter.
Sources: Laws, 1990 Ex Sess, ch. 45, § 32, eff from and after passage (approved June 29, 1990).