Owners of certain restaurant establishments permitted to be bondsmen - ABLE Commission investigations.

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A. On and after November 1, 2015, as an exception to the provisions in paragraph 8, 9, 10 or 11 of subsection A of Section 1315 of this title prohibiting a person from being a bail bondsman or receiving any benefit from the execution of any bail bond, a person who holds an ownership interest in a restaurant establishment where alcoholic beverages are lawfully sold or who is an officer, director or stockholder of a corporation that owns or operates a restaurant where alcoholic beverages are lawfully sold, may be a licensed bail bondsman.

B. No licensed bondsman who holds any license issued from the ABLE Commission or any permit issued from any governmental subdivision or who has any ownership interest, employment or interest in any business identified by the provisions of paragraph 8, 9, 10 or 11 of subsection A of Section 1315 of this title may execute the duties of a bondsman or have a bondsman office on the premises of such establishment.

C. No exception authorized in this section for a licensed bondsman to additionally hold a license issued by the ABLE Commission or a permit issued by a governmental subdivision pursuant to paragraph 8, 9, 10 or 11 of subsection A of Section 1315 of this title shall apply to or be construed as an exception for a bail enforcer.

D. The ABLE Commission shall be authorized to investigate all provisions authorized by this section and shall certify in writing to the Insurance Commissioner, upon written request, that a person is eligible for an exception to the prohibitions of Section 1315 of this title. The ABLE Commission shall immediately notify the Insurance Commissioner, in writing, if a person becomes disqualified for an exception to the prohibitions of paragraph 8, 9, 10 or 11 of subsection A of Section 1315 of this title. If, after an investigation of a violation of the provisions of this section, the bail bondsman is found to be disqualified to be licensed as a bail bondsman, the ABLE Commission shall be entitled to reimbursement for all costs, expenses and attorney fees and in addition, the person shall have the bail bondsman license permanently revoked by the Insurance Commissioner.

Added by Laws 2015, c. 212, § 1, eff. Nov. 1, 2015. Amended by Laws 2021, c. 368, § 3, eff. Nov. 1, 2021.


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