Section 75-76-61 - Persons with power to exercise influence over licensee required to be licensed; termination of agreements upon failure to obtain license(1) Except for persons associated with licensed corporations or limited partnerships and required to be licensed, each employee, agent, guardian, personal representative, lender or holder of indebtedness of a gaming licensee who, in the opinion of the commission, has the power to exercise a significant influence over the licensee's operation of a gaming establishment shall be required to apply for a license.(2) A person required to be licensed pursuant to subsection (1) of this section shall apply for a license within thirty (30) days after the executive director requests that he do so.(3) If an employee required to be licensed under subsection (1):(a) Does not apply for a license within thirty (30) days after being requested to do so by the executive director, and the commission makes a finding of unsuitability for that reason, or(b) Is denied a license, or(c) Has a license revoked by the commission, the licensee by whom he is employed shall terminate his employment in any capacity in which he is required to be licensed and shall not permit him to exercise a significant influence over the operation of the gaming establishment upon being notified by registered or certified mail of that action.
(4) A gaming licensee or an affiliate of the licensee shall not pay to a person whose employment has been terminated pursuant to subsection (3) any remuneration for any service performed in any capacity in which he is required to be licensed, except for amounts due for services rendered before the date of receipt of notice of the action by the commission. Any contract or agreement for personal services or for the conduct of any activity at the licensed gaming establishment between a gaming licensee or an affiliate of the licensee and a person terminated pursuant to subsection (3) is subject to termination. Every such agreement shall be deemed to include a provision for its termination without liability on the part of the licensee or registered holding company upon a finding by the commission that the person is unsuitable to be associated with a gaming enterprise. Failure expressly to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.(5) A gaming licensee or an affiliate of the licensee shall not, without the prior approval of the executive director, enter into any contract or agreement with a person who is found unsuitable or who is denied a license or whose license is revoked by the commission or with any business enterprise under the control of that person after the date of receipt of notice of the action by the commission. Every contract or agreement for personal services to a gaming licensee or an affiliate or for the conduct of any activity at a licensed gaming establishment shall be deemed to include a provision for its termination without liability on the part of the licensee or registered holding company upon a finding by the commission that the person is unsuitable to be associated with a gaming enterprise. Failure expressly to include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.(6) Without prior approval of the executive director a gaming licensee or an affiliate of the licensee shall not employ any person in a capacity for which he is required to be licensed if he has been found unsuitable, or has been denied a license, or has had his license revoked by the commission, after the date of receipt of notice of the action by the commission.(7) As used in this section, "affiliate" means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, a licensee.Laws, 1990 Ex Sess, ch. 45, § 31, eff. 6/29/1990.