11 CSR 45-4.260 - Occupational Licenses for Class A, Class B, and Suppliers
(1) Every
person in a position classified as Occupational License Level I or Occupational
License Level II or otherwise participating in gaming operations in any
capacity shall, prior to performing or practicing his/her business profession
or skills, be a current employee of the Class A, Class B, or supplier licensee,
and have obtained the appropriate occupational license from the commission,
except for public officers and public employees engaged in the performance of
their official duties and other individuals exempted by the commission. The
commission may authorize the director to license or make the initial
determination of unsuitability on the application of any Level II occupational
license applicant, and the commission may further authorize the director to
make the initial determination to revoke or suspend the Level I or Level II
occupational license of any person; provided, however, that this section shall
not limit any other authorization of the director. The authorization provided
hereunder shall not include the authority to review findings of a hearing
officer under the provisions of 11 CSR 45-13.
(2) As a condition of licensure, all
applicants for occupational licenses are required to be fingerprinted,
photographed, and to execute such waivers as may be provided by forms approved
by the commission, provided that applicants for a key business entity license
need not be fingerprinted or photographed.
(3) On forms available on the commission's
website, the applicant must demonstrate that his/her experience, reputation,
competence, and financial responsibility are consistent with the best interest
of gaming and the provisions of the statutes of Missouri and the United
States.
(4) The commission may
refuse an occupational license to any person or revoke or suspend an
occupational license of any person-
(A) Who
has been convicted of a crime or has been found guilty of, plead guilty or
nolo contendere to, or entered an Alford plea to a crime, or
received a suspended imposition of sentence, for violations of any federal,
state, county, or city law including ordinance violations;
(B) Who is unqualified to perform the duties
required of the applicant;
(C) Who
has a current addiction to a controlled substance;
(D) Who fails to disclose or states falsely
information called for in the application process or uses fraud, deception,
misrepresentation, or bribery in securing a permit or license issued under the
Riverboat Gambling Act;
(E) Who has
failed to comply with or make provision for complying with Chapter 313, RSMo,
the rules of this commission, or any federal, state, or local law or
regulation;
(F) Who fails to comply
with any rule, order, or ruling of the commission or its agents;
(G) Whose license has been suspended, revoked
or denied in any jurisdiction;
(H)
Who is a past or present member or participant in organized crime as such
membership or participation may be found or determined by the
commission;
(I) Who is an illegal
alien;
(J) Who is an employee of
the commission or is a spouse, child, brother, sister, parent, son-in-law,
daughter-in-law, stepchild, or stepparent of any employee or member of the
commission;
(K) Who is currently
serving or has within the past two (2) years served as a member or employee of
the commission, a member of the general assembly, or as an elected or appointed
official of the state or of any city or county within the state in which the
licensing of excursion gambling boats has been approved in either the city or
the county or both or as an employee of the state highway patrol designated by
the superintendent of the highway patrol or any employee of the state attorney
general's office designated by the state attorney general to have direct
regulatory authority related to excursion gambling boats;
(L) Who is financially
irresponsible;
(M) Who is not of
good moral character or has associated with, in either social or business
affairs, or employed persons of notorious or unsavory reputation or who have
police records, or who have failed to cooperate with any officially constituted
investigatory or administrative body and would adversely affect public
confidence and trust in gambling;
(N) Who provides the commission or its agents
with false or misleading information, documents, or data or who makes false or
misleading statements to the commission or its agents;
(O) Who commits an act or omission that, if
committed by a Class A licensee, would be grounds for discipline or denial of
an application;
(P) Who obtains or
attempts to obtain any fee, charge, or other compensation by fraud, deception,
or misrepresentation; or
(Q) For
incompetence, misconduct, gross negligence, fraud, misrepresentation, or
dishonesty in the performance of the functions or duties regulated by sections
313.800 to
313.850,
RSMo.
(5) Within the five
(5)-year period immediately preceding application for an occupational license
or while holding an occupational license, a conviction, plea of guilty or
nolo contendere, or the entering of an Alford plea in any
jurisdiction for the following types of misdemeanor or county or city
violations to include ordinance violations, including such findings or pleas in
a suspended imposition of sentence, shall make the applicant or licensee
unsuitable to hold an occupational license:
1) any gambling-related offense; or
2) any offense an essential element of which
is theft, fraud, or dishonesty. Applicants or licensees may be unsuitable to
hold an occupational license for convictions, pleas of guilty or nolo
contendere, or the entering of an Alford plea for other types of
misdemeanor or county or city violations to include ordinance violations within
such five (5)-year period, including such findings or pleas in a suspended
imposition of sentence.
(6) If the employment of a key person, Level
I, or Level II occupational licensee with a Class A, Class B, or supplier
licensee is terminated for any reason, then the occupational license will be
placed into a casino restricted status. Casino restricted status is the status
assigned to an occupational licensee with a valid license who is not employed
by a Class A, Class B, or supplier licensee.
(7) Any key person employed by a supplier
will be required to be licensed by the Missouri Gaming Commission.
Notes
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