Mich. Admin. Code R. 432.1308 - Certificate of suitability
Rule 308.
(1) The
certificate of suitability is valid while the holder is making satisfactory
progress toward meeting the conditions of the certificate of
suitability.
(2) If the board
receives a written report from the executive director that the holder of a
certificate of suitability is not making reasonable progress toward meeting the
conditions of its certificate of suitability, then the board shall reconvene
the public investigative hearing for the purpose of considering the applicant's
compliance with the conditions of its certificate of suitability.
(3) If, upon reconvening the public
investigative hearing, the board finds that the holder of a certificate of
suitability is not making, or has not made, reasonable progress toward meeting
the conditions of its certificate of suitability, then the board may take
whatever action is necessary to assure compliance or may cancel and withdraw
the certificate of suitability and make a final decision on the
application.
(4) The board shall
not issue a casino license to the holder of a certificate of suitability until
the board finds that the holder is prepared and able to open to the public and
conduct its casino gambling operation in compliance with the conditions and
requirements of the certificate of suitability, the act, and these
rules.
(5) In deciding whether a
casino license shall be issued to the holder of a certificate of suitability,
the board shall assess the proposed gambling operation to determine its
compliance with the conditions and requirements of its certificate, the act,
and these rules. All of the following matters shall be assessed by the board:
(a) The managerial structure for gambling
operations and casino operations and the managerial experience, ability,
skills, and qualifications of key persons and other managerial employees of the
gambling and casino operations.
(b)
The casino floor plan and related plans and activity regarding equipment
installation, operation, and maintenance.
(c) Handicap access.
(d) Support facilities.
(e) The applicant's internal control system
and casino accounting policies and procedures.
(f) The applicant's security operations and
required casino critical computerized systems.
(g) The applicant's staff training,
qualifications, ability, and supervision.
(h) The applicant's liability insurance and
other required insurances.
(i)
Casino enterprises and related casino operations.
(j) The applicant's construction progress and
compliance with its proposed construction schedule.
(k) Other matters pertaining to the
operations and procedures of the gambling and casino operations as the board
may require at the time the certificate of suitability is issued, if the casino
licensee is given notice and an opportunity to address any board concerns
regarding the matters.
(6) The board may establish a schedule
setting a timetable for satisfactory compliance concerning all operations and
facilities to be assessed and all other conditions and requirements of the
certificate of suitability, the act, and these rules.
(7) During the interim compliance period,
while the certificate of suitability is in effect, the holder shall do all of
the following:
(a) Apply for and receive the
appropriate liquor license from the Michigan liquor control commission if the
holder plans to serve alcoholic beverages or liquor in connection with its
gambling operation or related casino enterprises.
(b) Apply for and receive all permits,
certificates, and approvals for the casino and related casino enterprises and
support facilities necessary to develop, construct, open to the public, and
conduct casino and gambling operations in accordance with the act, these rules,
and conditions of the certificate of suitability, including, but not limited
to, all of the following:
(i) Fire marshal
permits.
(ii) Public health
permits.
(iii) Building
permits.
(iv) Zoning
permits.
(c) Obtain
ownership or use of necessary land for the site of the casino and related
casino enterprises.
(d) Obtain the
financing necessary to complete development and construction of the casino and
related casino enterprises and conduct casino and gambling
operations.
(e) Complete, in a
timely manner, construction of the proposed casino and related casino
enterprises, infrastructure, and other support facilities, including parking
areas, roadways, and walkways, in accordance with the applicant's development
agreement with the city and the proposed construction schedule and timetables
established by the board.
(f) Post
the required bond in compliance with section 8a of the act, MCL 432.208a, and
these rules.
(g) Obtain all
insurance deemed necessary and required by the board.
(h) Obtain and install all necessary EGDs and
gaming equipment to conduct the casino gambling operation.
(i) Hire and train qualified staff to conduct
all aspects of the casino and gambling operations and related support
operations.
(j) Take other action
the board deems necessary to ensure that the holder of the certificate of
suitability will be prepared and able to open to the public and conduct its
casino and gambling operations in compliance with the conditions and
requirements of its certificate of suitability, its development agreement, the
act, and these rules.
Notes
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