Ill. Admin. Code tit. 86 § 3000.236

Current through Register Vol. 48, No. 45, November 8, 2024

Section 3000.236 - Owner's License Renewal

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.

Ill. Admin. Code tit. 86, § 3000.236

Amended at 23 Ill. Reg. 1037, effective January 1, 2000