Kan. Admin. Regs. § 112-17-2

Current through Register Vol. 43, No. 46, November 14, 2024

Section 112-17-2 - Application form, fair association and horsemen's nonprofit organization applicant

(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.

Kan. Admin. Regs. § 112-17-2

Authorized by K.S.A. 1993 Supp. 74-8804, as amended by L. 1994, Ch. 146, Sec. 3, and K.S.A. 74-8814, as amended by L. 1994, Ch. 146, Sec. 6; implementing K.S.A. 1993 Supp. 74-8804, as amended by L. 1994, Ch. 146, Sec. 3, and K.S.A. 74-8813, as amended by L. 1994, Ch. 146, Sec. 5, and K.S.A. 74-8814, as amended by L. 1994, Ch. 146, Sec. 6; effective Nov. 30, 1992; amended July 10, 1995.