Colorado § 44-30-801 - Limited gaming equipment manufacturers or distributors, operators, associated equipment suppliers, retailers, key employees, support licensees, persons contracting with the commission or division - criteria.

§ 44-30-801. Limited gaming equipment manufacturers or distributors, operators, associated equipment suppliers, retailers, key employees, support licensees, persons contracting with the commission or division - criteria.

(1) This section applies to the following persons:

(a) All persons licensed pursuant to this article 30;

(b) With respect to privately held corporations licensed pursuant to this article 30, the officers, directors, and stockholders of the corporations;

(c) With respect to publicly traded corporations licensed pursuant to this article 30, all officers, directors, and stockholders holding either five percent or greater interest or a controlling interest;

(d) With respect to partnerships licensed pursuant to this article 30, all general partners and all limited partners;

(e) With respect to any other organization licensed pursuant to this article 30, all those persons connected with the organization having a relationship to it similar to that of an officer, director, or stockholder of a corporation;

(f) All persons contracting with or supplying any goods or service to the commission or the division;

(g) All persons supplying financing or loaning money to any licensee, when the financing or loan is connected with the establishment or operation of limited gaming;

(h) All persons having a contract, lease, or other ongoing financial or business arrangement with any licensee, where the contract, lease, or arrangement relates to limited gaming operations, equipment, devices, or premises.

(2) Each of the persons described in subsection (1) of this section shall be:

(a) A person of good moral character, honesty, and integrity notwithstanding section 24-5-101;

(b) A person whose prior activities, criminal record, reputation, habits, and associations do not pose a threat to the public interests of this state or to the control of gaming or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of gaming or the carrying-on of the business or financial arrangements incidental to the conduct of gaming;

(c) A person who has not served a sentence upon conviction of any felony, misdemeanor gambling-related offense, misdemeanor theft by deception, or misdemeanor involving fraud or misrepresentation in a correctional facility, city or county jail, or community correctional facility or under the supervision of the state board of parole or any probation department within ten years prior to the date of applying for a license pursuant to this article 30, notwithstanding section 24-5-101;

(d) A person who has not served a sentence upon conviction of any gambling-related felony, felony involving theft by deception, or felony involving fraud or misrepresentation in a correctional facility, city or county jail, or community correctional facility or under the supervision of the state board of parole or any probation department, notwithstanding section 24-5-101;

(e) A person who has not been found to have seriously or repeatedly violated this article 30 or any rule promulgated pursuant to this article 30; and has not knowingly made a false statement of material facts to the commission, its legal counsel, or any employee of the division.

Source: L. 2018: Entire article added with relocations, (SB 18-034), ch. 14, p. 206, § 2, effective October 1.

Editor's note: This section is similar to former § 12-47.1-801 as it existed prior to 2018.

ANNOTATION

License conditions and revocation authorized by law and constitution. The gaming commission was within its statutory authority in conditioning a key employee license on payment of back child support and taxes and revoking such license for failure to comply with such conditions. The gaming commission did not abuse its discretion or violate due process in so revoking the license where the licensee was given a reasonable opportunity to comply with such conditions, failed to provide requested income tax returns, and made false statements of material fact to the investigator regarding the filing of tax returns and where the gaming commission provided the licensee with substantial evidentiary leeway, allowed the licensee to cross-examine and impeach the investigator, and gave the licensee the opportunity to argue the proper standard for license revocation. Feeney v. Colo. Ltd. Gaming Control Comm'n, 890 P.2d 173 (Colo. App. 1994) (decided under former § 12-47.1-801).