Mo. Code Regs. tit. 11 § 45-4.210

Current through Register Vol. 49, No.12, June 17, 2024

Section 11 CSR 45-4.210 - Temporary Supplier's License

PURPOSE: This amendment corrects references to the type of licensee referenced in sections (5) and (7), and corrects a misstated term.

(1) The commission, in its sole discretion, may issue a temporary supplier's license to any applicant for a supplier's license other than one which provides testing services for gaming related equipment, components, peripherals, systems, or other items directed by the commission, who has fulfilled the following criteria:

(A) The applicant has completed an application for a supplier's license to the satisfaction of the commission; and

(B) Has paid the application fee; and

(C) All persons required to submit fingerprints to the commission have submitted fingerprints on forms provided by the commission; and

(D) The application does not reveal any information that would result in an automatic denial pursuant to Chapter 313, RSMo or 11 CSR 45-1, et seq., as amended from time-to-time; and

(E) A criminal history check completed by a commission agent does not reveal that the applicant has been convicted of a felony under Missouri law, the laws of any other state, or the laws of the United States; and

(F) The applicant shows good cause for granting the temporary license.

(2) A temporary license holder remains an applicant for a supplier's license and is subject to all limitations and restrictions relating to applicants and licensees under sections 313.800 to 313.850, RSMo, and 11 CSR 45-1 et seq., as amended from time-to-time, except that the applicant is accorded the privileges that are granted to the temporary licensee pursuant to the provisions of this rule.

(3) A temporary license issued under the provisions of this rule shall not be transferred. If an applicant fails to begin providing goods or services to a Class A or Class B licensee within ninety (90) days of issuance of the temporary license, the applicant shall advise the commission immediately and the commission may, in its discretion, revoke the temporary license.

(4) A temporary license is issued in the sole discretion of the commission. The commission may refuse to issue a temporary supplier's license, or revoke a temporary supplier's license for any of the following reasons:

(A) The applicant or temporary licensee is the subject of a criminal or regulatory investigation in any jurisdiction; or

(B) The applicant or temporary licensee has had its license revoked or been disciplined in another jurisdiction;

(C) The applicant or temporary licensee fails to pay applicable taxes;

(D) The applicant or temporary licensee violates a provision of sections 313.800 to 313.850, RSMo or violates a rule of the commission;

(E) There is evidence that could lead to the applicant or temporary licensee being found unsuitable to hold a license.

(5) The following procedure may be used to revoke a temporary license issued under the provisions of this rule:

(A) The executive director may, upon written notice to the temporary licensee, revoke a temporary supplier's license if the executive director determines that the background investigation reveals information that would lead the commission staff to recommend that the applicant be found not suitable for licensure. The executive director shall also notify all Class B licensees of the revocation of the applicant's temporary supplier's license;

(B) If an applicant's temporary supplier's license is revoked, the applicant shall not be permitted to provide any riverboat licensee with gaming equipment or supplies; and

(C) If an applicant's temporary supplier's license is revoked by the executive director, the executive director shall immediately forward the application to the commission for action.

(6) The holder of a temporary supplier's license shall file an annual renewal application pursuant to 11 CSR 45-4.250 and the annual fee as provided for in 11 CSR 45-4.240. The applicant shall be responsible for a prorated annual fee as set forth in 11 CSR 45-4.240(2)(B) upon issuance of a supplier's license, notwithstanding the payment of the annual fee at the time the temporary supplier's license is issued.

(7) A temporary supplier's license entitles the holder to sell or lease gaming equipment and supplies to any Class B licensee, subject to the conditions and restrictions imposed by this rule.

(8) If the holder of a temporary supplier's license is issued a supplier's license under 11 CSR 45-4.230, such supplier's license shall supersede the existing temporary supplier's license, and the temporary supplier's license shall be null and void upon issuance of the supplier's license; provided that the fee due for the temporary supplier's license shall not be refunded in whole or in part and the fee for the supplier's license shall be paid as set forth in 11 CSR 45-4.240(2)(B).

(9) Gaming laboratories that test and certify gaming equipment shall not be issued temporary licenses.

11 CSR 45-4.210

AUTHORITY: sections 313.004 and 313.800-313.850, RSMo 2000 and Supp. 2007.* Original rule filed March 18, 1996, effective Sept. 30, 1996. Amended: Filed May 13, 1998, effective Oct. 30, 1998. Amended: Filed Dec. 3, 2007, effective May 30, 2008.

Amended by Missouri Register November 15, 2018/Volume 43, Number 22, effective 12/31/2018

*Original authority: 313.004, RSMo 1993, amended 1994 and 313.800-313.850, RSMo (see Revised Statutes of Missouri, 2000 and Supp. 2007).