23.16.510    LOCATION MANAGERS

(1) A gambling operator shall designate at least one location manager, which designation shall initially be made on the license application. A licensed owner who does not personally provide onsite management of the premises shall designate a location manager to perform such services. A location manager authorized by the licensee to provide general oversight of the gambling operation must be approved by the department.

(2) Except as provided in (3), within 30 days of a location manager commencing duties, the licensee shall submit to the department a completed location manager application (Form 30A), and for nonowners, the licensee shall also submit:

(a) a completed personal history statement (Form 10) for each location manager;

(b) two complete sets of fingerprint cards for each location manager; and

(c) fingerprint processing fees.

(3) So long as at least one approved location manager continues to serve as a location manager, the removal of any location manager or the addition of an owner as a location manager, shall be reported to the department no later than June 30 of the current fiscal year on a location manager application (Form 30A) or on the annual license renewal form.

(4) When a management company is contracted to manage a licensed location, at least one onsite manager must be approved as a location manager. The ownership, officers and directors of the management company and the onsite manager(s) employed by the management company must be reported to the department within 30 days of the contract effective date. To seek approval of a management company contracted to manage a licensed location, the licensee shall submit to the department:

(a) a completed location manager application (Form 30A); and

(b) for each owner, officer, director, and onsite manager of the management company;

(i) a complete personal history statement (Form 10);

(ii) two complete sets of fingerprint cards; and

(iii) fingerprint processing fees.

(5) Location manager and management company approval shall be based on the standards of suitability established in 23-5-176, MCA.

(6) Whenever a location manager or management company has been contracted by the licensee to manage a licensed location, the licensee shall:

(a) retain ultimate control over the license and premises;

(b) maintain active participation in the gambling operation sufficient to ensure the proper and lawful conduct of the business; and

(c) provide the location manager compensation in an amount that is commensurate with the duties performed. Location manager compensation may not be based on a percentage of a gross sales or net profits.

(7) Failure to abide by the provisions of this rule may subject the licensee to administrative action, including revocation of the license.

History: 23-5-112, 23-5-115, MCA; IMP, 23-5-115, MCA; NEW, 2017 MAR p. 87, Eff. 1/7/17.