Mo. Code Regs. tit. 11 § 45-4.260
Current through Register Vol. 49, No.12, June 17, 2024
Section 11 CSR 45-4.260 - Occupational Licenses for Class A, Class B, and SuppliersPURPOSE: This amendment eliminates language that is duplicated in another rule.
(1) Every person in a position classified as Occupational License Level I or Occupational License Level II or otherwise participating in gaming operations in any capacity shall, prior to performing or practicing his/her business profession or skills, be a current employee of the Class A, Class B, or supplier licensee, and have obtained the appropriate occupational license from the commission, except for public officers and public employees engaged in the performance of their official duties and other individuals exempted by the commission. The commission may authorize the director to license or make the initial determination of unsuitability on the application of any Level II occupational license applicant, and the commission may further authorize the director to make the initial determination to revoke or suspend the Level I or Level II occupational license of any person; provided, however, that this section shall not limit any other authorization of the director. The authorization provided hereunder shall not include the authority to review findings of a hearing officer under the provisions of 11 CSR 45-13.(2) As a condition of licensure, all applicants for occupational licenses are required to be fingerprinted, photographed and to execute such waivers as may be provided by forms approved by the commission, provided that applicants for a key business entity license need not be fingerprinted or photographed.(3) On forms available on the commission's website, the applicant must demonstrate that his/her experience, reputation, competence and financial responsibility are consistent with the best interest of gaming and the provisions of the statutes of Missouri and the United States.(4) The commission may refuse an occupational license to any person or revoke or suspend an occupational license of any person-(A) Who has been convicted of a crime or has been found guilty of, plead guilty or nolo contendere to, or entered an Alford plea to a crime, or received a suspended imposition of sentence, for violations of any federal, state, county or city law including ordinance violations;(B) Who is unqualified to perform the duties required of the applicant;(C) Who has a current addiction to a controlled substance;(D) Who fails to disclose or states falsely information called for in the application process or uses fraud, deception, misrepresentation, or bribery in securing a permit or license issued under the Riverboat Gambling Act;(E) Who has failed to comply with or make provision for complying with Chapter 313, RSMo, the rules of this commission, or any federal, state, or local law or regulation;(F) Who fails to comply with any rule, order or ruling of the commission or its agents;(G) Whose license has been suspended, revoked or denied in any jurisdiction;(H) Who is a past or present member or participant in organized crime as such membership or participation may be found or determined by the commission;(I) Who is an illegal alien;(J) Who is an employee of the commission or is a spouse, child, brother, sister, parent, son-in-law, daughter-in-law, stepchild or stepparent of any employee or member of the commission;(K) Who is currently serving or has within the past two (2) years served as a member or employee of the commission, a member of the general assembly, or as an elected or appointed official of the state or of any city or county within the state in which the licensing of excursion gambling boats has been approved in either the city or the county or both or as an employee of the state highway patrol designated by the superintendent of the highway patrol or any employee of the state attorney general's office designated by the state attorney general to have direct regulatory authority related to excursion gambling boats;(L) Who is financially irresponsible;(M) Who is not of good moral character or has associated with, in either social or business affairs, or employed persons of notorious or unsavory reputation or who have police records, or who have failed to cooperate with any officially constituted investigatory or administrative body and would adversely affect public confidence and trust in gambling;(N) Who provides the commission or its agents with false or misleading information, documents, or data or who makes false or misleading statements to the commission or its agents;(O) Who commits an act or omission that, if committed by a Class A licensee, would be grounds for discipline or denial of an application;(P) Who obtains or attempts to obtain any fee, charge, or other compensation by fraud, deception, or misrepresentation; or(Q) For incompetence, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performance of the functions or duties regulated by sections 313.800 to 313.850, RSMo.(5) Within the five (5)-year period immediately preceding application for an occupational license or while holding an occupational license, a conviction, plea of guilty or nolo contendere, or the entering of an Alford plea in any jurisdiction for the following types of misdemeanor or county or city violations to include ordinance violations, including such findings or pleas in a suspended imposition of sentence, shall make the applicant or licensee unsuitable to hold an occupational license: 1) any gambling-related offense; or 2) any offense an essential element of which is theft, fraud, or dishonesty. Applicants or licensees may be unsuitable to hold an occupational license for convictions, pleas of guilty or nolo contendere, or the entering of an Alford plea for other types of misdemeanor or county or city violations to include ordinance violations within such five (5)-year period, including such findings or pleas in a suspended imposition of sentence.(6) If the employment of a Level I or Level II occupational licensee with a Class A, Class B, or supplier licensee is terminated for any reason, and if the occupational licensee does not obtain employment with a Class A, Class B, or supplier licensee within sixty (60) days of said termination date, then the occupational license will be rescinded at the end of said sixty (60)-day time period.(7) Any key person employed by a supplier will be required to be licensed by the Missouri Gaming Commission. AUTHORITY: section 313.004, RSMo 2000, and section 313.805, RSMo Supp. 2012.* Emergency rule filed Sept. 1, 1993, effective Sept. 20, 1993, expired Jan. 17, 1994. Emergency rule filed Jan. 5, 1994, effective Jan. 18, 1994, expired Jan. 30, 1994. Original rule filed Sept. 1, 1993, effective Jan. 31, 1994. Emergency amendment filed Dec. 20, 1994, effective Dec. 30, 1994, expired April 27, 1995. Amended: Filed March 2, 1995, effective Aug. 30, 1995. Amended: Filed Dec. 7, 1995, effective June 30, 1996. Amended: Filed Aug. 30, 1996, effective April 30, 1997. Amended: Filed Jan. 21, 1997, effective Aug. 30, 1997. Amended: Filed July 2, 1997, effective Feb. 28, 1998. Amended: Filed May 13, 1998, effective Oct. 30, 1998. Amended: Filed Oct. 29, 2001, effective May 30, 2002. Amended: Filed Dec. 7, 2001, effective Aug. 30, 2002. Amended: Filed Feb. 24, 2004, effective Oct. 30, 2004. Amended: Filed April 28, 2004, effective March 30, 2005. Amended: Filed March 21, 2006, effective Nov. 30, 2006. Amended: Filed Dec. 3, 2007, effective May 30, 2008. Amended: Filed Aug. 30, 2012, effective March 30, 2013. Amended by Missouri Register July 1, 2014/Volume 39, Number 13, effective 8/31/2014Amended by Missouri Register November 15, 2018/Volume 43, Number 22, effective 12/31/2018*Original authority: 313.004, RSMo 1993, amended 1994 and 313.805, RSMo 1991, amended 1993, 1994, 2000, 2008, 2010.