Current through Register Vol. 6, March 22, 2024
(1) With respect to
any gambling license, permit, or authorization, the department may deny initial
issuance, or, if issued, deny renewal or take any action authorized in
23-5-136,
MCA, when the department can demonstrate that the applicant or holder of such
license, permit or authorization has:
(a)
concealed, failed to disclose, or otherwise attempted to mislead the department
with respect to any material fact contained in the application or contained in
any other information required of or submitted by an applicant or licensee for
any licensing purpose;
(b)
purposely or knowingly failed to comply with Title 23, chapter 5, MCA, or these
rules;
(c) been convicted of any
felony within five years of the date of application;
(d) been placed and remains on probation or
parole or under deferred prosecution for committing a felony;
(e) purposely or knowingly possessed or
permitted to remain in or upon any premise licensed for gambling activity any
device designed for the purpose of cheating or manipulating the outcome of any
gambling activity or gambling enterprise authorized by Title 23, chapter 5,
MCA;
(f) been prohibited by a
governmental authority from being present upon the premises of any gambling
establishment or gambling enterprise or any establishment where parimutuel
wagering is conducted for any reason relating to improper gambling activities
or any illegal act;
(g) failed to
cooperate with any legislative investigative committee or other officially
constituted body acting on behalf of the United States or any state, county, or
municipality which seeks to investigate crimes relating to gambling, corruption
of public officials, or any organized criminal activities;
(h) failed within a reasonable time to supply
records within the applicant's or licensee's control requested by the
department in any license or permit application or renewal application, or in
any financial audit initiated by the department or ordered through
administrative or court action;
(i) had any action taken against a gambling
license by any agency of the state of Montana or other jurisdiction, which
resulted in a final order declaring a violation or a conviction of any crime
which is contrary to the declared gambling policy of the state of Montana;
(j) been voluntarily or
involuntarily dissolved as an entity;
(k) failed to meet other qualifications for
licensure as set forth in
23-5-176,
MCA;
(l) had a gambling license
denied for other than technical defects in the application.; or
(m) failed to apply for or receive approval
of a premises within the timeframe required in ARM
23.16.502.
(2) The department may, in its
discretion, deny a license under (1) with or without prejudice. If the
division's decision to deny an application is made with prejudice, it must be
based on a finding that the applicant has engaged or is engaging in an act or
practice constituting a violation of a provision of Title 23, chapter 5, MCA,
or a rule or order of the department, or that the applicant is a person whom
the department determines is not qualified to receive a license under
23-5-176,
MCA, or this rule. This decision is subject to challenge pursuant to the
Montana Administrative Procedure Act. Any person whose application has been
denied with prejudice is not eligible to apply again for licensing or approval
until after expiration of one year from the date of the final department action
upon the decision to deny the application with prejudice.
AUTH:
23-5-112,
23-5-115,
MCA; IMP:
23-5-115,
23-5-117,
23-5-176,
23-5-177,
MCA