R 432.725b License issuance by the board—standards and criteria.

Rule 725b. (1) Except to the extent the board may require different or additional procedures, an applicant for a sports betting operator license or sports betting supplier license is subject to all of the following before licensing: (a) Application. (b) Background investigation. (c) Action and decision by the board on the application. (2) A person that is required to be licensed as a sports betting operator or sports betting supplier under the act and these rules must, before issuance of a sports betting operator’s or sports betting supplier’s license, produce information, documentation, and assurances to establish all of the following by clear and convincing evidence: (a) Its suitability as to character, reputation, integrity, business probity, and financial ability. (b) Its willingness to be subject to the jurisdiction of the board. (c) That the applicant has adequate capitalization and the financial ability and the means to develop, construct, operate, and maintain the applicant’s sports betting operator or sports betting supplier business in accordance with the act and these rules. (d) That the applicant has adequate capitalization and the financial ability to responsibly pay its secured and unsecured debts in accordance with its financing agreements and other contractual obligations. (e) That the applicant’s compliance with casino or casino-related licensing requirements or compacts with this state or any other jurisdiction. (f) That the applicant and all other persons required to be found eligible and suitable as part of the application are eligible and suitable for licensure under the licensing standards, criteria, and requirements. (g) That the applicant, if an individual, and all other individuals required to be found eligible and suitable as part of the application are not less than 21 years of age, unless otherwise approved by the board. (h) That the applicant and all other persons required to be found eligible and suitable as part of the application have not been convicted of any criminal offense involving gaming, theft, dishonesty, or fraud in any jurisdiction. However, the board may waive this requirement if the conviction occurred more than 5 years before the applicant applies for a license and the board is convinced that the applicant does not pose a threat to the integrity of internet sports betting and the applicant otherwise meets the requirements of this rule. (i) That the applicant and all other persons required to be found eligible and suitable as part of the application do not appear on the exclusion list of any jurisdiction. (j) That the applicant and all other persons required to be found eligible and suitable as part of the application are in substantial compliance with all local, state, and federal laws. (k) That the applicant has the financial ability to purchase and maintain adequate liability and casualty insurance and to provide an adequate surety bond. (3) Subrule (2) of this rule does not apply to an Indian tribe except to the extent authorized by the act. To the extent a non-tribal applicant or licensee will be providing goods and services to a sports betting operator who is an Indian tribe, that applicant or licensee shall provide information relative to its relationship with the sports betting operator to determine if it is an arm of the tribe. Arm of the tribe means a tribally-created economic entity owned in part or in whole by the Indian tribe which was intended by the Indian tribe to share in its sovereign immunity and satisfies any relevant legal criteria under federal Indian law for establishing arm of the tribe status. (4) Once licensed, a person must comply with the act and these rules. Failure to comply may result in disciplinary action.