Current through Register Vol. 43, No. 39, September 26, 2024
(a) Each
application for a fair association organization license or a horsemen's
nonprofit organization license, as provided in
K.S.A.
74-8814, as amended, shall contain the
following:
(1) a description of the
applicant's organizational structure, including:
(A) the applicant's full name;
(B) the applicant's business address and
telephone number;
(C) if
applicable, the date the applicant commenced operating a fair;
(D) current copies of the applicant's
articles of incorporation, bylaws, rules and regulations or any other
agreements or documents that create or govern the applicant's organization;
(E) a statement of good standing
from the secretary of state;
(F)
the full names, including any aliases or previous names, dates of birth and
addresses of the applicant's officers. As to each officer, the applicant shall
disclose the nature and extent of any voting interest in the applicant; and
(G) the full names, including any
aliases or previous names, dates of birth and addresses of any principal
shareholder or principal member of the applicant. As to each member or
shareholder, the applicant shall disclose the nature and extent of voting
interest in the applicant.
(2) a statement whether the applicant is
directly or indirectly controlled to any extent or in any manner by another
individual or entity. If so, the applicant shall disclose the identity of the
controlling entity and a description of the nature and extent of control;
(3) copies of any contracts,
agreements or understandings that the applicant or any individual or entity
identified pursuant to this regulation has entered into or proposes to enter
into regarding applicant's race meeting. If the contract, agreement or
understanding is an oral one, a written statement explaining the substance of
the oral agreement shall be included;
(4) copies of any contracts, agreements or
understandings that the applicant has entered into or proposes to enter into
for the payment of fees, rents, salaries or other compensation by the
applicant. If the contract, agreement or understanding is an oral one, a
written statement explaining the substance of the oral agreement shall be
included;
(5) a statement whether
the applicant, or any director, officer, policy-making manager, principal
shareholder or principal member owns or has owned any interest in any
racing-associated or gambling-associated firm, partnership, association or
corporation licensed by a governmental authority. If so, a description of the
circumstances surrounding the interest or participation shall be provided,
including the identity of the license or permit holder, the nature of the
license or permit, the identity of the issuing authority and the dates of the
issuance and any termination of the license or permit; and
(6) a statement whether the applicant, any
officer, any director, any principal shareholder or any principal member has
complied with and is in compliance with K.S.A. 1993 Supp.
74-8810.
(b) For purposes of this regulation a
principal member or principal shareholder is one who owns an interest in the
applicant of three percent or more.
(c) Each exhibit, statement, report, paper or
other document submitted in support of the application shall be current,
accurate and complete. Any change shall be reported immediately to the
commission during the period of application or licensure. At all times, a
current copy of the documents supporting the application shall be recorded in
the commission office.