Illinois Administrative Code
Title 86 - REVENUE
Part 3000 - RIVERBOAT AND CASINO GAMBLING
Subpart B - LICENSES
Section 3000.236 - Owner's License Renewal
Universal Citation: 86 IL Admin Code ยง 3000.236
Current through Register Vol. 48, No. 38, September 20, 2024
Upon the expiration of an initial Owner's license, or following a one year license renewal period, a license may be renewed for a period determined by the Board, pursuant to Section 3000.237, of up to 4 years, subject to the provisions of the Act, Sections 3000.236 and 3000.237, and the other Board rules contained in this Part.
a) The renewal requirements shall include the following:
1) Beginning with the initial
renewal application the licensee shall submit an owner's renewal application
and the requisite Business Entity and Personal Disclosure Forms. The owner
licensee shall submit disclosure information pursuant to Section
3000.222(e)(2)
from each Key Person who has previously
filed a Business Entity or Personal Disclosure Form, updating, and attesting to
the veracity of information on the previously filed Business Entity or Personal
Disclosure Form and setting forth any required additional or different
information than previously submitted. Nothing in this Section shall be
interpreted to alter the ongoing duty to disclose changes in
information;
2) Unless a later date
is authorized in writing by the Administrator, materials submitted pursuant to
this Section shall be provided in triplicate at least 90 days prior to the
expiration of the Owner's license, and must be accompanied by the required
annual licensing fee; and
3) As
part of its renewal submission, the licensee shall provide documentation of the
following:
A) Measures taken by the licensee
to assure compliance with the Act and the rules promulgated
thereunder;
B) Adherence to the
economic development purposes and requirements of the Act, including
conformance to specific commitments made in conjunction with an initial
application or subsequent renewal applications;
C) Adherence to specific conditions or
requirements adopted by the Board at the time a previous renewal was
authorized;
D) Ability to maintain
a financially viable gaming entity;
E) Any specific plans for changes in the
financing, ownership or structure of the licensee and its substantial
owner(s);
F) An assessment of the
economic impact of the gaming operation on employment, business and economic
development related to the State of Illinois and related to the area of the
State in which the gaming operation is conducted;
G) Information relating to the licensee's or
its substantial owners' involvement in gaming in other jurisdictions;
H) Verification of tax filings with the
Illinois Department of Revenue during the preceding licensing period;
I) Summary of all litigation to which
licensee is or was a party during the preceding licensing period;
J) Responses to specific questions or
concerns raised by the Board in its renewal investigation and review process;
and
K) Evidence of continued
support of the licensee from its community.
b) The Board shall base its renewal of an Owner's license upon:
1) The timeliness and
responsiveness of the information submitted by the holder of a license as
required pursuant to Section 3000.236;
2) The Board's analysis of the owner
licensee's Gaming operations, including the nature, frequency, extent and any
pattern of past violations of the Act and this Part;
3) The financial status and the current and
projected financial viability of the entity;
4) Information on the background, character
and integrity of the Key Persons, owners, directors and partners of the
entity;
5) The owner licensee's
pattern of compliance exhibited through quarterly, special and annual
compliance reviews or audits performed by the Board staff or contract audit
firms;
6) The licensee's commitment
to economic development in the community and in Illinois;
7) The overall adherence of the licensee to
all requirements of the Act and this Part; and
8) Any other information the Board deems
appropriate.
c) Action of the Board
1) The Board shall act at a
public meeting on the renewal of an Owner's license and may afford
representatives of the licensee and members of the general public an
opportunity for commenting upon the renewal.
2) If the Board decides to deny license
renewal or restrict the term of renewal to less than 4 years, it shall direct
the Administrator to issue a Notice of Denial or Restriction to the licensee by
certified mail or personal delivery.
d) Request for Hearing
1) An owner licensee served with a Notice of
Denial or Restriction may request a hearing in accordance with Section
3000.405.
2) If a hearing is not requested, the Notice
of Denial or Restriction becomes the final order of the Board denying the owner
licensee's application for renewal or restricting the term of renewal to less
than 4 years, as the case may be.
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