Subpart 1.
Contents of
application.
An initial or renewal license application must be on a form
provided by the commissioner and must meet the requirements in items A to
T.
A. The application must contain the
name and all business addresses and telephone numbers of the
applicant.
B. The application must
indicate whether the applicant is an individual, partnership, or corporation.
If the applicant is an individual, the application must list the individual. If
the applicant is a partnership, the application must list each general and
limited partner. If the applicant is a publicly traded corporation, the
application must list each director, officer, and shareholder holding a
financial interest of five percent or more. If the applicant is a corporation
that is not publicly traded, the application must list each director, officer,
and shareholder.
C. The application
must contain the full name, date of birth, social security number, and
telephone number of each person listed under item B.
D. The application must contain the names and
addresses of any holding corporation, subsidiary, or affiliate of the
applicant, without regard to whether the holding corporation, subsidiary, or
affiliate does business in Minnesota.
E. The application must contain a history of
gambling licensure of each person, partnership, and corporation listed under
item A, B, or D. The history must be of each gambling license applied for or
issued by a federal, state, or local agency and must include the issuance and
expiration dates of the license. If a gambling license application was denied,
or a gambling license was suspended, canceled, revoked, or subject to any other
licensing action other than issuance or renewal, the history must give the date
and a full explanation of the basis for the licensing action.
F. The application must contain the criminal
history of each person, partnership, and corporation listed under item A, B, or
D. A criminal history must include each conviction and each pending charge for
a felony or for a crime involving gambling.
G. The application must contain the following
information with respect to each person, partnership, and corporation listed
under item A, B, or D:
(1) whether the
person, partnership, or corporation has been a party in a civil proceeding and
alleged to have engaged in an unfair or anticompetitive business practice, a
securities violation, or false or misleading advertising;
(2) whether the person, partnership, or
corporation has been a party in an administrative or judicial proceeding
alleging a violation of a statute or rule relating to unfair labor practices,
discrimination, or gambling;
(3)
whether the person, partnership, or corporation has commenced an administrative
or judicial action against a governmental regulator of gambling;
(4) whether the person, partnership, or
corporation has been a party other than a creditor in a voluntary or
involuntary bankruptcy proceeding;
(5) whether the person, partnership, or
corporation has failed to satisfy any judgment, decree, or order of an
administrative or judicial tribunal; or
(6) whether the person, partnership, or
corporation has been delinquent in filing a tax report required or remitting a
tax imposed by any government.
H. The application must contain the
employment and residence history of each person listed under item B since the
person was 18 years of age.
I. The
application must indicate the class of license sought.
J. The application must be accompanied by the
applicant's most recent financial information that shows the ownership and
control of the applicant. The most recent state and federal income tax returns
are acceptable.
K. The application
must disclose the amounts and sources of all business financing and the terms
of each agreement.
L. The
application must contain the full name and address of each person employed by
the applicant in a gambling related activity on a salary or commission
basis.
M. The application must
contain the full name and address of each person who has a right to share in
the profits of the applicant including assignees, landlords, or persons to whom
any interest or share of the profits has been pledged as security for a debt or
deposited as security for the performance of any act or to secure the
performance of a contract for sale.
N. The application must contain the full name
and address of each person with an option to purchase a share of the
business.
O. The application must
be accompanied by the annual license fee set out in Minnesota Statutes, section
299L.07,
subdivision 6.
P. The application
must be accompanied by an authorization for release of personal information
from each person, partnership, and corporation listed under item A, B, or D.
The authorization must:
(1) authorize a
review by and full disclosure to the director of all records concerning the
person, partnership, or corporation;
(2) recognize that the information reviewed
or disclosed may be used by the state of Minnesota, its employees, and agents
to determine the applicant's qualifications for a license;
(3) release authorized providers and users of
the information from any liability under the federal Freedom of Information Act
or the Minnesota Data Practices Act; and
(4) contain a notarized signature by the
person or by a representative of the partnership or corporation.
Q. If the applicant does not
maintain a Minnesota office, the application must be accompanied by an
irrevocable consent statement signed by the applicant stating that suits and
actions relating to the subject matter of the application or acts or omissions
arising from it may be commenced against the applicant in a court of competent
jurisdiction in this state by service on the secretary of state of any summons,
process, or pleadings authorized by the laws of this state.
R. The application must be accompanied by a
report of all gambling devices kept under the control of the applicant in
Minnesota. The contents of the report are set out in part
7570.0030, subpart
2.
S. The application must be accompanied by a
completed tax information form required by the commissioner of revenue under
Minnesota Statutes, section
270C.72.
T. Each person listed under item B shall sign
and date the application, verifying that the information on the application is
true. The signatures must be notarized.
Subp. 7.
Appropriate class of license
required.
An appropriate class of license is required for each marketing
level.
A. A person licensed as a
distributor of 100 or fewer used devices must obtain a license to distribute
more than 100 used devices if the person distributes more than 100 used devices
in the licensing year. The person must obtain the additional license prior to
distributing more than 100 devices in the licensing year. The fees paid by the
licensee for the original license shall be credited by the commissioner toward
the fees owed for the additional license.
B. A person licensed as a distributor of 100
or fewer new, or new and used devices must obtain a license to distribute more
than 100 new, or new and used devices if the person distributes more than 100
new, or new and used devices in the licensing year. The person must obtain the
additional license before distributing more than 100 devices in the licensing
year. The fees paid by the licensee for the original license shall be credited
by the commissioner toward the fees owed for the additional license.
C. A person licensed as a manufacturer of 100
or fewer new devices must obtain a license to manufacture more than 100 new
devices if the person manufactures more than 100 new devices in the licensing
year. The person must obtain the additional license before manufacturing more
than 100 new devices in the licensing year. The fees paid by the licensee for
the original license shall be credited by the commissioner toward the fees owed
for the additional license.
D. A
person licensed to distribute used devices must obtain the appropriate license
to distribute new, or new and used devices if the person distributes a new
device in the licensing year. The person must obtain the additional license
before distributing a new device. The fees paid by the licensee for the
original license shall be credited by the commissioner toward the fees owed for
the additional license.
E. A person
licensed to manufacture devices must obtain the appropriate license to
distribute devices if the person distributes a device to anyone other than a
licensed distributor. A person licensed to distribute devices must obtain the
appropriate license to manufacture devices if the person manufactures a device.
The person must obtain the additional license before beginning the other
activity. The person must pay a separate license fee for each
activity.
