reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 3 - LICENSES › Section R. 432.1328 - Denied license; reapplication

Current through Vol. 24-12, July 15, 2024
Rule 328.
(1) A
				  person whose application for a supplier license has been denied may not reapply
				  for a supplier license for a period of 1 year from the date on which the board
				  voted to deny the application unless the board allows reapplication at an
				  earlier date.
(2) A person whose
				  application for a suppliers license was denied may seek leave of the board to
				  reapply within the 1-year period by addressing the request to the board. The
				  board may require the applicant to present oral or written argument outlining
				  why an exception should be made.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 3 - LICENSES › Section R. 432.1329 - Required insurance

Current through Vol. 24-12, July 15, 2024
Rule 329.
(1) A
				  supplier licensee shall obtain and maintain insurance necessary to assure that
				  the licensee is adequately insured to protect itself against the potential
				  liabilities associated with holding a supplier license or conducting business
				  as a supplier.
(2) If the licensee
				  fails to maintain sufficient insurance while holding a supplier license, then
				  the board may initiate disciplinary action against the licensee.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 3 - LICENSES › Section R. 432.1330 - Supplier license renewal

Current through Vol. 24-12, July 15, 2024
Rule 330.
(1) A
				  supplier license may be issued for a 1-year period and may be renewed
				  annually.
(2) A supplier licensee
				  intending to renew its license must, at least 30 days before expiration of its
				  license, submit the $5,000.00 annual license renewal fee and annual report in
				  the manner and form required by the board.
(3) After the background investigation is
				  completed, the executive director must provide the board with a written report
				  concerning the investigation. After receiving the executive directors report,
				  the board must take action on the renewal application.
(4) If the board denies the application for
				  renewal, it must direct the executive director to issue the licensee a notice
				  of nonrenewal.
(5) A supplier
				  licensee who is served with a notice of nonrenewal under this rule may request
				  a hearing under these rules.
(6)
				  The notice of nonrenewal is a finding that the supplier licensee is ineligible,
				  unqualified, or unsuitable for licensure or is otherwise in violation of the
				  licensing requirements of the act or rules of the board.
(7) If the licensee files an annual renewal
				  report and pays the annual license renewal fee in a timely manner and in the
				  manner and form prescribed by the board, then the licensee's previous existing
				  supplier license does not expire until the board issues its final decision and
				  order on the renewal.
(8) A notice
				  of renewal or notice of nonrenewal issued by the board must be served on the
				  licensee.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 3 - LICENSES › Section R. 432.1331 - Occupational license requirement; license classes; application; exemptions

Current through Vol. 24-12, July 15, 2024
Rule 331.
(1) Each
				  casino licensee, supplier licensee, and person with an exemption from the
				  supplier-licensing requirements must ensure that an individual it employs whose
				  work duties are related to or involved in the gambling operation or are
				  performed in a restricted area of a casino or in the gaming area of a casino
				  licensed under the act holds an occupational license of the level required for
				  the individual's position before the individual performs any of the duties of
				  his or her position. To the same extent required for its own employees, each
				  casino licensee must also ensure that employees of supplier licensees and
				  persons with an exemption from the supplier-licensing requirements comply with
				  the occupational-licensing requirements.
(2) This rule applies to both full-time and
				  part-time employees.
(3) The 3
				  different classes of occupational licenses that an employee may hold are as
				  follows:
(a) Occupational license, level 1,
				  the highest level of occupational license.
(b) Occupational license, level 2.
(c) Occupational license, level 3.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 3 - LICENSES › Section R. 432.1332 - Occupational license, level 1

Current through Vol. 24-12, July 15, 2024
Rule 332.
An individual who will be employed by a casino licensee,
					 supplier licensee, or person with an exemption from the supplier-licensing
					 requirements in a position that includes any of the following responsibilities
					 or authority, regardless of job title, must hold, before employment, a current
					 and valid level 1 occupational license or a valid temporary level 1
					 occupational license issued under these rules:
(a) The supervision of specific areas or
				  departments related to or involved in the gambling operation, including,
				  without limitation, a person who does any of the following:
(i) Functions as a casino shift
				  manager.
(ii) Functions as a pit
				  boss.
(iii) Functions as a poker
				  shift supervisor.
(iv) Functions as
				  a slot shift manager.
(v)
				  Supervises the repair and maintenance of slot machines and bill
				  validators.
(vi) Supervises
				  surveillance investigations or the operation of the surveillance department
				  during a shift.
(vii) Supervises
				  security investigations or the operation of the security department during a
				  shift.
(viii) Functions as a cage
				  manager.
(ix) Supervises the
				  operation of the cashiers' cage, table games cage, or slot machine cage during
				  a shift.
(x) Supervises a count
				  room.
(xi) Supervises the patron
				  check collection unit.
(xii)
				  Functions as a keno manager or keno supervisor.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 3 - LICENSES › Section R. 432.1333 - Occupational license, level 2

Current through Vol. 24-12, July 15, 2024
Rule 333.
An individual who will be employed by a casino licensee,
					 supplier licensee, or person with an exemption from the supplier-licensing
					 requirements and whose employment duties involve the maintenance, servicing,
					 repair, or operation of gambling games, gaming, gaming machines, devices, or
					 equipment, or assets associated with the casino licensee or supplier licensee,
					 or regularly requires work in a restricted casino area must hold, before
					 employment, a current and valid level 2 occupational license, unless required
					 to hold a level 1 occupational license including, without limitation, a person
					 who is or does any of the following:
(a) Functions as a dealer.
(b) Functions as a boxperson.
(c) Functions as a floorperson.
(d) Performs under the supervision of an
				  audit department manager, the duties and responsibilities of the internal audit
				  department, including, without limitation, all of the following:
(i) The supervision of internal audit
				  department personnel.
(ii) The
				  monitoring of compliance with regulations and internal controls.
(iii) The evaluation of the adequacy of
				  accounting and administrative control.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 3 - LICENSES › Section R. 432.1334 - Occupational license, level 3

Current through Vol. 24-12, July 15, 2024
Rule 334.
An individual who will be employed by a casino licensee,
					 supplier licensee, or person with an exemption from the supplier-licensing
					 requirements, and whose employment duties do not require a level 1 or level 2
					 occupational license but are performed in the casino gaming area or affect
					 gambling operations must hold, before employment, a current and valid level 3
					 occupational license, including, without limitation, a person who is or does
					 either of the following:
(a) Serves
				  food or beverages in the casino gaming area to gaming patrons.
(b) An employee of a casino licensee,
				  supplier licensee, or a person with an exemption from the supplier-licensing
				  requirements, whom the board requires to be licensed to ensure compliance with
				  the act and these rules and to protect the public and ensure the integrity and
				  credibility of gaming in the state.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 3 - LICENSES › Section R. 432.1335 - Management of gambling operations

Current through Vol. 24-12, July 15, 2024
Rule 335. A person who applies for and holds a level 1
					 occupational license to manage gambling operations at a casino may manage
					 gambling operations for only 1 casino licensee.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 3 - LICENSES › Section R. 432.1338 - Board or executive director action on occupational-license applications

Current through Vol. 24-12, July 15, 2024
Rule 338.
(1)
				  After the completion of the background investigation of a level 1 or 2
				  occupational-license application, the executive director must report to the
				  board, in writing, regarding the staff's background investigation of the level
				  1 or 2 occupational license applicant. After receiving the executive director's
				  report, the board may take action on the level 1 or 2 application.
(2) After completion of the background
				  investigation of a level 3 occupational-license application, the executive
				  director may take action on the level 3 application.
(3) If an occupational-license application is
				  granted, the executive director will issue the license upon the payment of the
				  licensing fee.
(4) If the
				  applicants licensing fee is not received within 30 days after notification of
				  his or her suitability for licensure, then the executive director will serve
				  the applicant a notice of denial.
(5) If the board denies a level 1 or 2
				  occupational license application, then it will direct the executive director to
				  issue the applicant a notice of denial.
(6) If the executive director denies a level
				  3 occupational license application, the executive director must issue the
				  applicant a notice of denial.
(7) A
				  notice of denial is a finding that the applicant is ineligible, unqualified, or
				  unsuitable to be licensed.
(8) If
				  an application for an occupational license is denied, a temporary occupational
				  license previously issued to the applicant expires, and the applicant is
				  prohibited from performing duties requiring that license.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 3 - LICENSES › Section R. 432.1339 - Requirements for occupational license

Current through Vol. 24-12, July 15, 2024
Rule 339.
(1) Upon
				  granting the application for an occupational license and payment of the
				  appropriate licensing fee, the executive director will issue an occupational
				  license for the applicant.
(2) The
				  casino licensee, supplier licensee, or person with an exemption from the
				  supplier-licensing requirements will initially receive the occupational
				  licenses for the respective occupational licensees it employs. Each
				  occupational licensee must obtain his or her occupational license from his or
				  her employer.
(3) The occupational
				  license remains the property of the board at all times. The occupational
				  license may be revoked, suspended, or restricted by the board. The board may
				  refuse to renew the license when it is reviewed under these rules.
(4) The occupational license is not
				  transferable to another person.
(5)
				  An occupational licensee must wear and clearly display the license during work
				  hours.
(6) A licensee must pay a
				  fee of $10.00 to the board for any replacement of an occupational
				  license.
(7) If an occupational
				  licensee becomes employed by a different casino licensee, then the occupational
				  licensee must request a replacement license from the board.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 3 - LICENSES › Section R. 432.1340 - Reapplication for denied license

Current through Vol. 24-12, July 15, 2024
Rule 340.
(1) A
				  person whose application for an occupational license has been denied may not,
				  without leave of the board, reapply for an occupational license of the same or
				  higher level for a period of 1 year from the date the application was
				  denied.
(2) A person whose
				  application for an occupational license was denied may seek leave of the board
				  to reapply within the 1 year period by addressing the request to the board
				  through the executive director. The board may require the applicant to present
				  oral or written argument to the board outlining why an exception should be
				  made.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 3 - LICENSES › Section R. 432.1341 - Biennial renewal of occupational licenses

Current through Vol. 24-12, July 15, 2024
Rule 341.
(1) An
				  occupational license may be renewed biennially.
(2) An occupational licensee intending to
				  renew his or her license may pay the licensing fee and request renewal of the
				  license, in the manner and on a form prescribed by the board, not less than 30
				  days before the expiration of the occupational license.
(3) After the background investigation is
				  completed, the executive director must either decide the renewal application or
				  submit the results of the background investigation to the board for
				  decision.
(4) If the renewal
				  application is granted, then the executive director will issue a new license to
				  the applicant.
(5) If the renewal
				  application is denied, then the executive director will issue a notice of
				  denial to the applicant.
6) A
				  notice of denial is a finding that the licensee is ineligible, unqualified, or
				  unsuitable for licensure or is otherwise in violation of the licensing
				  requirements of the act or rules of the board.
(7) If the licensee files a renewal request
				  and pays the licensing fee in a timely manner and in the manner and form
				  prescribed by the board, then the licensees existing occupational license does
				  not expire until a decision on the application for renewal is made. If renewal
				  is denied or the new license is restricted or limited, then the existing
				  occupational license does not expire until the last day to apply for judicial
				  review or a later date fixed by order of the reviewing court.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 4 - PUBLIC OFFERING OF DEBT OR EQUITY FOR MICHIGAN CASINOS › Section R. 432.1401 - Applicability

Current through Vol. 24-12, July 15, 2024
Rule 401.
(1) This
				  part applies to a publicly traded corporation applying for or holding a casino
				  license in Michigan and to persons applying for or holding a casino license in
				  Michigan that are owned, directly or indirectly, by a publicly traded
				  corporation, whether through a subsidiary or intermediary company of a publicly
				  traded corporation, if the ownership interest is, directly or indirectly, or
				  will be upon approval by the board, more than 5% of the person applying for or
				  holding the casino license.
(2)
				  This part also applies to persons, other than publicly traded corporations,
				  that apply for or hold a casino license in Michigan or have or will have, upon
				  approval of the board, more than a 5% ownership interest in a person that has
				  applied for or holds a casino license in Michigan and makes a public offering
				  of its debt securities.
(3) If the
				  board determines that a publicly traded corporation, a subsidiary, an
				  intermediary company, a holding company of a publicly traded corporation, or
				  other person has the actual ability to exercise influence over a person
				  applying for or holding a casino license in Michigan, regardless of the
				  percentage of ownership possessed by the publicly traded corporation,
				  subsidiary, intermediary company, holding company of a publicly traded
				  corporation, or other person, the board may require that person to comply with
				  this part.
(4) This part shall not
				  apply to an institutional investor unless it has more than a 15% interest in a
				  person applying for or holding a casino license or does not meet the standards
				  of section 6c(1) of the act for waiver of the eligibility and suitability
				  requirements for qualification or licensure under the act or these
				  rules.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 4 - PUBLIC OFFERING OF DEBT OR EQUITY FOR MICHIGAN CASINOS › Section R. 432.1402 - Public offerings

Current through Vol. 24-12, July 15, 2024
Rule 402.
A person applying for or holding a casino license in this
					 state, or a person that has or upon board approval will have greater than a 5%
					 ownership interest in a person applying for or holding a casino license in this
					 state that commences a public offering of debt or equity securities must notify
					 the board regarding a public offering of the securities required to be
					 registered with the Securities and Exchange Commission or regarding any other
					 type of public offering not later than 14 days after the initial filing of a
					 registration statement with the Securities and Exchange Commission or,
					 regarding any other type of public offering, not later than 14 days before the
					 public use or distribution of any offering document, if either of the following
					 provisions applies:
(a) The person
				  that is applying for or holding the casino license or other person that has or
				  upon board approval will have greater than a 5% ownership interest in a person
				  that is applying for or holding the casino license and that intends to issue
				  the securities is not a publicly traded corporation.
(b) The person applying for or holding the
				  casino license or other person that has or upon board approval will have
				  greater than a 5% ownership interest in a person applying for or holding the
				  casino license and that intends to issue the securities is a publicly traded
				  corporation and the proceeds of the offering, in whole or in part, are intended
				  to be used for any of the following purposes:
(i) To pay for the construction of a casino
				  or a casino enterprise to be owned or operated by a person applying for or
				  holding the casino license in this state.
(ii) To acquire any direct or indirect
				  ownership interest in a casino or casino enterprise located in this
				  state.
(iii) To finance the
				  operation of a casino or casino enterprise in this state by a person applying
				  for or holding a casino license.
(iv) To retire or extend obligations incurred
				  for 1 or more purposes set forth in paragraphs (i), (ii), and (iii) of this
				  subdivision.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 4 - PUBLIC OFFERING OF DEBT OR EQUITY FOR MICHIGAN CASINOS › Section R. 432.1403 - Notice of public offering

Current through Vol. 24-12, July 15, 2024
Rule 403. A person notifying the board of a public offering
					 must disclose all of the following information:
(a) A description of the securities to be
				  offered.
(b) The proposed terms
				  upon which the securities are to be offered.
(c) The anticipated gross and net proceeds of
				  the offering, including a detailed list of expenses.
(d) The use of the proceeds.
(e) The name and address of the lead
				  underwriter, if any.
(f) The form
				  of the underwriting agreements, if any, the agreement underwriters, if any, and
				  the selected dealers agreements, if any.
(g) A statement of intended compliance with
				  all applicable federal, state, local, and foreign securities laws.
(h) The names and addresses of the issuer's
				  counsel for the public offering, independent auditors, and special consultants
				  for the offering.
(i) If any
				  securities to be issued are not to be offered to the general public, then the
				  general nature of the offerees and the form of the offering.
(j) Any other offering material requested by
				  the board.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 4 - PUBLIC OFFERING OF DEBT OR EQUITY FOR MICHIGAN CASINOS › Section R. 432.1404 - Fraudulent and deceptive practices prohibited

Current through Vol. 24-12, July 15, 2024
Rule 404. A disciplinary action may be initiated against a
					 person applying for or holding a casino license or other person covered by this
					 part if any of the following provisions apply to the person in connection with
					 the purchase or sale of any security issued by a person covered by this
					 part:
(a) The person is found guilty
				  of a violation of rule 10b-5,
				  17 C.F.R. §
											240.10b-5 promulgated by the securities and
				  exchange commission under section 10(b) of the securities exchange act of 1934,
				  15 U.S.C. § 78 j.
(b) The
				  person pleads nolo contendere to a violation of rule 10b-5,
				  17 C.F.R. §
											240.10b-5, promulgated by the securities and
				  exchange commission under section 10(b) of the securities exchange act of 1934,
				  15 U.S.C. § 78 j.
(c) The
				  person is the subject of a final cease and desist order with respect to a
				  violation of rule 10b-5,
				  17 C.F.R. §
											240.10b-5, promulgated by the securities and
				  exchange commission under section 10(b) of the securities exchange act of 1934,
				  15 U.S.C. § 78 j.
(d) The
				  person is subject to an order of permanent injunction issued on the basis of a
				  violation of rule 10b-5,
				  17 C.F.R. §
											240.10b-5 promulgated by the securities and
				  exchange commission under section 10(b) of the securities exchange act of 1934,
				  15 U.S.C. § 78 j.
(e) The
				  person is the subject of a similar final action taken on the basis of a
				  violation of rule 10b-5,
				  17 C.F.R. §
											240.10b-5, promulgated by the securities and
				  exchange commission under section 10(b) of the securities exchange act of 1934,
				  15 U.S.C. § 78 j.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 4 - PUBLIC OFFERING OF DEBT OR EQUITY FOR MICHIGAN CASINOS › Section R. 432.1405 - Submission of proxy and information statements

Current through Vol. 24-12, July 15, 2024
Rule 405.
Each publicly traded corporation that applies for or holds
					 a casino license must, within 14 days after distributing to its security
					 holders a proxy statement or information statement pursuant to either
					 Regulation 14A or 14C adopted under section 14 of the securities exchange act
					 of 1934, 15 USC 78n,
					 17
					 CFR 240.14a-1 to 240.14b-2 and 240.14c-1 to 240.14c-101, as amended, submit the
					 proxy statement or information statement to the board.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 4 - PUBLIC OFFERING OF DEBT OR EQUITY FOR MICHIGAN CASINOS › Section R. 432.1406 - Reporting requirements

Current through Vol. 24-12, July 15, 2024
Rule 406.
(1) If a
				  publicly traded corporation or other person that applies for or holds a casino
				  license files any of the following documents with the Securities and Exchange
				  Commission, the person must file 1 copy of each document with the board within
				  14 days of filing the documents with the Securities and Exchange Commission:
(a) Form 10.
(b) Form 10-Q.
(c) Form 10-K.
(d) Form 8-K.
(e) Form 1-A.
(f) Registration Statement S-1.
(g) Registration Statement SB-2.
(h) Registration Statement 10-SB.
(i) Report 10-KSB.
(j) Report 10-QSB.
(k) Schedule 13e-3.
(l) Schedule 14D-9.
(m) A filing required by
				  17 CFR
				  240.14f-1, as amended.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 4 - PUBLIC OFFERING OF DEBT OR EQUITY FOR MICHIGAN CASINOS › Section R. 432.1407 - Required charter provisions

Current through Vol. 24-12, July 15, 2024
Rule 407.
(1) A
				  person covered by this part that applies for or holds a casino license shall
				  include all of the following provisions, or similar provisions approved by the
				  board under subsection (c), in its organizational documents:
"The [corporation] [partnership] [limited liability
					 company] shall not issue more than five percent (5%) of any voting securities
					 or other voting interests to a person except in accordance with the provisions
					 of the Michigan Gaming Control and Revenue Act, MCL 432.201 et seq. and the
					 rules promulgated thereunder.
(a) The
				  issuance of any voting securities or other voting interests in violation
				  thereof shall be void and such voting securities or other voting interests
				  shall be deemed not to be issued and outstanding until one (1) of the following
				  occurs:
(1) The [corporation] [partnership]
				  [limited liability company] shall cease to be subject to the jurisdiction of
				  the board.
(2) The board shall, by
				  affirmative action, validate said issuance or waive any defect in
				  issuance.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 5 - TRANSFER OF OWNERSHIP › Section R. 432.1501 - Applicability of part; transfer of ownership interest; limitation

Current through Vol. 24-12, July 15, 2024
Rule 501.
(1) An
				  interest in a person applying for or holding a casino license or supplier
				  license may only be transferred in accordance with this part. Except as stated
				  in subrules (3) and (5) of this rule, the following persons must receive board
				  approval before transferring the interest:
(a) A person that transfers or acquires
				  greater than a 5% interest in a publicly traded corporation that has applied
				  for or holds a casino license or supplier license in this state.
(b) A person that will, as a result of an
				  acquisition approved by the board, have acquired an interest totaling greater
				  than 5% of a publicly traded corporation that has applied for or holds a casino
				  license or supplier license.
(c) A
				  person that transfers or acquires greater than a 1% interest in a person, other
				  than a publicly traded corporation, that has applied for or holds a casino
				  license or supplier license in this state.
(d) A person who will, as a result of an
				  acquisition approved by the board, have acquired an interest totaling greater
				  than 1% in a person, other than a publicly traded corporation, that has applied
				  for or holds a casino license or supplier license in this state.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 5 - TRANSFER OF OWNERSHIP › Section R. 432.1502 - Application for transfer of ownership

Current through Vol. 24-12, July 15, 2024
Rule 502.
(1) A
				  person desiring to acquire an ownership interest in a person applying for or
				  holding a casino license or supplier license shall complete and submit
				  application and disclosure forms, in the manner and form prescribed by the
				  board, for qualification as part of an application for a casino license or
				  supplier license as set forth in part 3 of these rules and shall submit a
				  request for board approval of the transfer of ownership interest.
(2) A person desiring to acquire an interest
				  in a person applying for or holding a casino license or supplier license shall
				  present evidence that the person desiring to acquire the interest is eligible,
				  qualified, and suitable under the standards and criteria for qualification and
				  licensure set forth in the act and these rules. The person desiring to acquire
				  the interest bears the burden of proving his or her eligibility, qualifications
				  and suitability by clear and convincing evidence.
(3) A person applying for or holding a casino
				  license or supplier license that is attempting to transfer an ownership
				  interest shall submit any information or documentation deemed necessary by the
				  board to ensure compliance with the act and these rules.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 5 - TRANSFER OF OWNERSHIP › Section R. 432.1503 - Transfer application fees

Current through Vol. 24-12, July 15, 2024
Rule 503.
(1)
				  Unless otherwise provided by the board, a person desiring to acquire an
				  interest subject to this part shall submit an application fee in the amount
				  required for the applicable class of license in accordance with the act and
				  part 3 of these rules.
(2) An
				  application fee shall be utilized to conduct the background investigation of
				  the person desiring to acquire an interest subject to this part. An additional
				  investigation fee may be assessed to the extent that the cost of the background
				  investigation relating to the person desiring to acquire an interest subject to
				  this part exceeds the investigation fee submitted under subrule (1) of this
				  rule. The executive director shall advise the applicant, in writing, that an
				  additional investigation fee is required. The letter shall direct the person to
				  remit an amount that the executive director has determined is necessary to
				  complete the investigation. Once a person desiring to acquire an interest under
				  this part is directed to submit an investigation fee in excess of the amount
				  set forth in subrule (1) of this rule, then the investigative team conducting
				  the investigation of the person shall not finalize the report on the person's
				  suitability for obtaining an ownership interest, nor submit the report to the
				  board for consideration, until the additional investigation fee is paid by the
				  person.
(3) If an assessed
				  investigation fee is more than the final cost of the investigation, then the
				  board shall refund the excess investigation fee to the person desiring to
				  acquire the interest covered by this part.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 5 - TRANSFER OF OWNERSHIP › Section R. 432.1505 - Denials; request for hearing

Current through Vol. 24-12, July 15, 2024
Rule 505.
(1) If
				  the board denies an application for transfer of an ownership interest covered
				  by this part, then it shall issue a notice of denial to the applicant for
				  qualification to acquire and hold the ownership interest.
(2) A person applying for qualification to
				  acquire and hold an ownership interest subject to this part who is served with
				  a notice of denial under this rule may request a hearing.
(3) If the person applying for qualification
				  to acquire and hold an ownership interest subject to this part does not request
				  a hearing, then the notice of denial becomes the final order of the
				  board.
(4) Unless specifically
				  stated to the contrary, a notice of denial of an application for qualification
				  to acquire and hold an ownership interest under this rule shall not constitute
				  a finding that the applicant is not suitable for licensure.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 5 - TRANSFER OF OWNERSHIP › Section R. 432.1507 - Proscribed activities with respect to unsuitable persons

Current through Vol. 24-12, July 15, 2024
Rule 507.
(1) In
				  refusing to grant approval for the transfer and acquisition of an interest
				  covered by this part, the board may determine that a person seeking approval is
				  not qualified to hold an interest in a person that has applied for or holds a
				  casino license or supplier license in Michigan under the standards for
				  qualification and licensure under the act and these rules.
(2) After the board serves a notice of denial
				  on a person who applied for approval of a transfer and acquisition of an
				  interest subject to this part, then the person that has applied for or holds a
				  casino license or supplier license in Michigan shall not do any of the
				  following:
(a) Pay, to the person whose
				  application was denied or who was found to be unqualified and unsuitable, any
				  dividend or interest on equity securities or make any other payment or
				  distribution, except as permitted by the board.
(b) Recognize the exercise, by the person
				  whose application was denied or was found to be unqualified and unsuitable,
				  directly or indirectly, or through any proxy, trust, or nominee, of any voting
				  right conferred by any securities or interest in any securities or recognize
				  other control or ownership by the person.
(c) Pay, to the person whose application was
				  denied or was found to be unqualified and unsuitable, remuneration for services
				  rendered.
(d) Fail to pursue all
				  lawful efforts to require the person whose application was denied to relinquish
				  all securities, including, if necessary, the immediate repurchase of the equity
				  securities from the person.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 5 - TRANSFER OF OWNERSHIP › Section R. 432.1508 - Debt acquisition generally

Current through Vol. 24-12, July 15, 2024
Rule 508.
(1) A
				  person that has applied for or holds a casino license in this state, or a
				  holding company or affiliate that has control of a person that has applied for
				  or holds a casino license in this state, may enter into debt transactions
				  affecting the capitalization or financial viability of its Michigan gambling
				  operation or casino operation only in accordance with the act and these
				  rules.
(2) A person that has
				  applied for or holds a casino license in this state, or another person that has
				  control of a person that has applied for or holds a casino license in this
				  state, shall stamp or otherwise mark its debt transaction documents that it
				  submits to the board with the word "confidential," if the material submitted is
				  not subject to disclosure. The person shall, at the request of the executive
				  director or the board, provide a justification explaining the confidential
				  nature of the documents. The board may determine that the information marked
				  "confidential" is subject to disclosure.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 5 - TRANSFER OF OWNERSHIP › Section R. 432.1509 - Debt transactions requiring board approval; process

Current through Vol. 24-12, July 15, 2024
Rule 509.
(1) A
				  person that holds a casino license in this state, or a holding company or
				  affiliate that has control of a person that holds a casino license in this
				  state, may not close on any debt transaction affecting the capitalization or
				  financial viability of its Michigan gambling operation or casino operation
				  without first receiving the approval of the board. A person applying for a
				  casino license in this state shall immediately notify the board upon entering
				  into any debt transaction affecting the capitalization or financial viability
				  of its proposed Michigan gambling operation or casino operation. The board
				  shall consider debt transactions in determining the suitability of a person to
				  be granted or to hold a casino license in this state.
(2) A person that holds a casino license in
				  this state, or a holding company or affiliate of a person that holds a casino
				  license in this state, shall submit, in writing, a request for approval of a
				  debt transaction that is subject to this rule. The procedure for requesting
				  approval shall be as follows:
(a) A person
				  shall submit the request for approval not less than 10 days before a scheduled
				  meeting of the board. The executive director shall place the request for
				  approval of a debt transaction on the agenda of the board meeting.
(b) A representative of the person requesting
				  approval of the debt transaction shall be present at the board meeting to
				  answer any questions posed by the board, the executive director, or his or her
				  designee.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 5 - TRANSFER OF OWNERSHIP › Section R. 432.1510 - Exercise of due diligence in debt transaction required

Current through Vol. 24-12, July 15, 2024
Rule 510. A person that applies for or holds a casino
					 license in Michigan, or a holding company or affiliate that has control of a
					 person that applies for or holds a casino license in Michigan, shall exercise
					 due diligence to reasonably ensure that each person that he or she enters into
					 a debt transaction with is suitable for licensure under the act and these
					 rules.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 5 - TRANSFER OF OWNERSHIP › Section R. 432.1511 - Denial of approval of debt transaction

Current through Vol. 24-12, July 15, 2024
Rule 511.
If the board denies approval of a debt transaction that is
					 subject to this part, then the person requesting approval of the debt
					 transaction may not close on the debt transaction.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 6 - EXCLUSION OF PERSONS › Section R. 432.1601 - Exclusion list; duty to exclude

Current through Vol. 24-12, July 15, 2024
Rule 601.
(1) A
				  person who is excluded under the act and these rules shall not be permitted
				  entry into any portion of a casino. If a person is placed on the board
				  exclusion list by the executive director, then the person is prohibited from
				  entering any casino in the state until a determination is made by the board or
				  a court to the contrary.
(2) A
				  casino licensee shall exclude or eject any excluded person from a casino if the
				  casino licensee or the casino licensee's agents know or reasonably should know
				  that the person is on the exclusion list.
(3) A casino licensee shall inform the board,
				  in writing, of the names of persons that it knows or should know meet the
				  criteria for placement on an exclusion list and the reason the person meets the
				  exclusion criteria.
(4) This rule
				  does not preclude a casino licensee from ejecting or barring a person from its
				  casino for reasons deemed necessary by the casino licensee. A casino licensee
				  may seek to have a person it has ejected or barred from its casino placed on
				  the exclusion list.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 6 - EXCLUSION OF PERSONS › Section R. 432.1602 - Distribution and availability of exclusion lists

Current through Vol. 24-12, July 15, 2024
Rule 602. The board shall maintain a list of persons to be
					 ejected or excluded from a casino. The exclusion list shall be a public record.
					 The list shall be distributed to each casino. A casino shall acknowledge
					 receipt of the list in writing. The list may also be distributed to law
					 enforcement agencies. All of the following information, to the extent known,
					 shall be provided for each excluded person:
(a) The full name and date of birth and all
				  aliases.
(b) A physical
				  description.
(c) The effective date
				  the person's name was placed on the exclusion list.
(d) A photograph, if available.
(e) The person's occupation and current home
				  and business addresses.
(f) Other
				  information deemed necessary by the executive director to facilitate
				  identification of the person placed on the exclusion list.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 6 - EXCLUSION OF PERSONS › Section R. 432.1603 - Criteria for exclusion or ejection and placement on exclusion list

Current through Vol. 24-12, July 15, 2024
Rule 603. The executive director may place a person on the
					 exclusion list pending a hearing if any of the following provisions apply to
					 the person:
(a) The person has been
				  convicted of a felony in any jurisdiction or has been convicted of a
				  misdemeanor in any jurisdiction involving gambling theft, dishonesty, or
				  fraud.
(b) The person has violated
				  the act or these rules.
(c) The
				  person has violated or conspired to violate provisions of the act relating to
				  involvement in gaming without required licenses or willful evasion of fees or
				  taxes.
(d) The person has performed
				  any act, or has a reputation, that would adversely affect public confidence and
				  trust in the integrity of gaming.
(e) The person is included on any valid and
				  current exclusion list from another jurisdiction in the United
				  States.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 6 - EXCLUSION OF PERSONS › Section R. 432.1604 - Procedure for entry of names on exclusion list

Current through Vol. 24-12, July 15, 2024
Rule 604.
(1) Upon
				  a determination that a person comes under any of the criteria for exclusion,
				  the person may be deemed a subject for exclusion and the executive director
				  shall file a notice of exclusion. The notice shall include all of the following
				  information:
(a) The identity of the
				  subject.
(b) The nature and scope
				  of the circumstances or reasons that the person should be placed on the
				  exclusion list.
(c) Names of
				  potential witnesses.
(d) A
				  recommendation as to whether the exclusion or ejection shall be permanent.
The notice shall also inform the person of the availability
					 of a hearing before the board.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 6 - EXCLUSION OF PERSONS › Section R. 432.1605 - Petition for removal from exclusion list

Current through Vol. 24-12, July 15, 2024
Rule 605. A person who has been placed on any exclusion
					 list may petition the board, in writing, and request that his or her name be
					 removed from the exclusion list.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 7 - DENIAL AND EXCLUSION HEARINGS › Section R. 432.1701 - Hearings generally

Current through Vol. 24-12, July 15, 2024
Rule 701.
(1)
				  Unless a hearing under section 6(7) of the act, MCL 432.206, is available, a
				  person whose application for a license or a transfer of ownership has been
				  denied, whose license has not been renewed, who has been placed on an exclusion
				  list, or who has been denied an approval from the board required in these rules
				  may request a hearing. The hearing will be de novo.
(2) The petitioner must submit an original of
				  any hearing request, pleading, or other written document to the boards
				  principal location and must serve each party or attorney of record and provide
				  a proof of service on each party or attorney of record.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 7 - DENIAL AND EXCLUSION HEARINGS › Section R. 432.1702 - Request for hearing

Current through Vol. 24-12, July 15, 2024
Rule 702.
(1) A
				  request for hearing must meet all of the following requirements:
(a) Be in writing.
(b) State the name, current address, and
				  current telephone number of the petitioner.
(c) State in detail the reasons why, and the
				  facts upon which the petitioner will rely to show that, the petitioner's
				  application for a license should not have been denied, the license should have
				  been renewed, the transfer of ownership should have been approved, the
				  petitioner should not have been placed on the exclusion list, or approval
				  should have been granted.
(d) Be
				  signed, verified, and dated. A petitioner must have the verification notarized
				  and include a certification stating, "Under the penalty of perjury, the
				  undersigned has examined this request for hearing and to the best of my
				  knowledge and belief, it is true, complete, and correct."
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 7 - DENIAL AND EXCLUSION HEARINGS › Section R. 432.1703 - Representation at hearing

Current through Vol. 24-12, July 15, 2024
Rule 703. At a hearing, a petitioner may represent himself
					 or herself or may be represented by an attorney.