5-1306. License revocation; suspension; denial; grounds; definitions
A. The department may revoke, suspend or deny a license when an applicant or licensee meets any of the following criteria:
1. Violates, fails or refuses to comply with the provisions, requirements, conditions, limitations or duties imposed by this chapter and other laws and rules, or if any such violation has occurred on any event wagering system operated by any such person or over which the person has substantial control.
2. Knowingly causes, aids, abets or conspires with another to cause any person to violate any of the laws of this state or the rules of the department.
3. Obtains a license by fraud, misrepresentation, concealment or through inadvertence or mistake.
4. Is convicted or forfeited bond on a charge of or pleads guilty to:
(a) Forgery, larceny, extortion or conspiracy to defraud.
(b) Wilful failure to make required payment or reports to any tribal, state or federal governmental agency, filing false reports with any tribal, state or federal governmental agency or any similar offense or offenses.
(c) Bribing or otherwise unlawfully influencing a public official of this state or any other state or jurisdiction.
(d) Any crime, whether a felony or misdemeanor, involving any gaming activity, physical harm to an individual or moral turpitude.
5. Misrepresents or fails to disclose a material fact to the department.
6. Fails to prove, by clear and convincing evidence, that the person is qualified for licensure.
7. Is subject to current prosecution or pending charges or a conviction that is under appeal for any of the offenses included in this subsection. At the request of an applicant for an original license, the department may defer decision on the application during the pendency of the prosecution or appeal.
8. Has had a gaming license issued by any jurisdiction in the United States revoked or denied.
9. Demonstrates a wilful disregard for compliance with gaming regulatory authority in any jurisdiction, including suspension, revocation or denial of an application for a license or forfeiture of a license.
10. Has pursued or is pursuing economic gain in an occupational manner or context in violation of the criminal laws of any state if the pursuit creates probable cause to believe that the person's participation in gaming or related activities would be detrimental to the proper operation of an authorized gaming or related activity in this state.
11. Is a career offender or a member of a career offender organization or an associate of a career offender or career offender organization thereby establishing probable cause to believe that the association is of such a nature as to be detrimental to the proper operation of the authorized gaming or related activities in this state.
12. Is a person whose prior activities, criminal record, if any, reputation, habits and associations pose a threat to the public interest of this state or to the effective regulation and control of event wagering, creates or enhances the dangers of unsuitable, unfair or illegal practices, methods and activities in the conduct of event wagering or the carrying on of the business and financial arrangements incidental thereto.
13. Fails to provide any information requested by the department within seven days after the request for the information, except for good cause as determined by the department.
B. Any applicant for licensure or holder of a license shall be entitled to a full hearing on any final action by the department that may result in the revocation, suspension or denial of licensure. The hearing shall be conducted in accordance with the procedures as provided in title 41, chapter 6 and the department's rules.
C. The department may summarily suspend any license if the continued licensing of the person constitutes an immediate threat to the public health, safety or welfare.
D. For the purposes of this section:
1. " Career offender" means any individual who behaves in an occupational manner or context for the purposes of economic gain by violating federal law or the laws and public policy of this state.
2. " Career offender organization" means any group of individuals who operate together as career offenders.
3. " Occupational manner or context" means the systematic planning, administration, management or execution of an activity for financial gain.