23.16.502    APPLICATION FOR OPERATOR LICENSE

(1) Except as provided in (2) and (3), all applicants shall submit the following information on Forms 5, 10, 40, or 43, and FD-258, which are incorporated by reference and available at any Gambling Control Division office location, or on the division's web site www.dojmt.gov/gaming:

(a) name(s), addresses, telephone numbers, and social security numbers; history of gambling licensure with any federal, state, or local agency; civil and criminal record; record of residence and employment for the last ten years of any person with an ownership interest in the applicant entity; and record of current residence and employment of any person with an option to purchase a share in the applicant entity;

(b) a complete set of fingerprints, on Form FD-258 provided by the department, obtained and certified by a local law enforcement agency, the department, or a private security company approved by the department for each person required to complete a personal history statement;

(c) the applicant's most recent financial statements with the application form. The statements must reflect the business operation for which the application is being submitted and include a balance sheet, income statement, and a statement of the amount and source of funding. The department may accept current state or federal income tax returns if they reflect the business operation for which the application is being submitted. If the business is prospective or has recently begun operating, the applicant shall submit a beginning balance sheet and a statement of the amount and source of funding for the business;

(d) the amounts and sources of all business financing, along with the terms of each loan agreement and all related security agreements, and guarantees;

(e) the following ownership/management information, as applicable:

(i) if the business is a sole proprietorship, the above-cited information must be submitted on the proprietor; or

(ii) if the business is a partnership, the information must be submitted on each general and limited partner; or

(iii) if the business is a closely-held or subchapter S corporation, the information on each shareholder, and each officer and director if not the same; or

(iv) if the business is a publicly traded corporation, the names of each shareholder owning 5% or more of the company stock and the corporate officers and board of directors; or

(v) if the business is a limited liability company, the information must be submitted on all members; or

(vi) if the applicant is a nonprofit corporation or association, the information must be submitted for officers, directors, and the person(s) responsible for conducting the gambling activity (e.g., location manager, gambling manager, steering committee); or

(vii) if the owner(s) acquires the services of a gambling manager or management firm, the information must be submitted for the owner and the manager or management firm;

(f) the full name and address of every location manager; and

(g) a floor plan of the proposed premises that clearly identifies the areas where gambling activities will occur.

(2) If a premises has not been identified at the time of the application, applicants have six months from issuance of the license to apply for premises approval. The premises must meet suitability standards outlined in 23-5-117, MCA, and be approved within one year of issuance of the gambling operator license. Failure to apply for or receive approval of a premises within the required timeframe will result in administrative action to revoke the initial license approval.

(3) The department may consider an amended application process for applicants that possess an alcoholic beverage license.

(4) Operator licenses must be renewed annually by completing forms prescribed by the department. There is no renewal fee or annual license fee required for an operator license.

 

History: 23-5-112, 23-5-115, MCA; IMP, 23-5-115, 23-5-117, 23-5-118, 23-5-176, 23-5-177, MCA; EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 1998 MAR p. 1176, Eff. 5/1/98; AMD, 2002 MAR p. 902, Eff. 4/1/02; AMD, 2003 MAR p. 1989, Eff. 9/12/03; AMD, 2005 MAR p. 2454, Eff. 12/9/05; AMD, 2007 MAR p. 2010, Eff. 12/7/07; AMD, 2013 MAR p. 1606, Eff. 9/6/13; AMD, 2016 MAR p. 886, Eff. 5/21/16; AMD, 2017 MAR p. 87, Eff. 1/7/17; AMD, 2019 MAR p. 1860, Eff. 10/19/19; AMD, 2022 MAR p. 1836, Eff. 9/24/22.