13 MAC Pt. 2, R. 12.2
Application For Final Approval For Involvement In Foreign Gaming
Cite as 13 Miss. Admin. Code Pt. 2, R. 12.2
Application For Final Approval For Involvement In Foreign Gaming.
(a)
Unless a licensee has been granted continuous approval for involvement in foreign
gaming, an application for final approval for involvement in foreign gaming must be filed
with the Executive Director as soon as practicable and in no event later than thirty (30)
days after the execution of a definitive agreement pertaining to the proposed involvement
or at such time as any application for licensing or related approval is made to the foreign
jurisdiction, whichever occurs first. The application shall be made on such forms as may
be prescribed by the Executive Director. Failure to timely file an application may
constitute grounds for denial.
(b) The application must:
1.
Provide information about the proposed involvement in foreign gaming, to the extent it is
practicable, as would be required in an application for a similar involvement in Mississippi
gaming;
2.
Provide a description of the regulatory system that will govern the proposed involvement in
foreign gaming; and
3.
An application/investigation fee of two thousand dollars ($2,000.00). The application shall pay
the cost of any additional investigation as required by the Executive Director.
(c)
The applicant shall file with the application a descriptive index of all application forms
and related documents filed with the foreign jurisdiction by the applicant or by any entity
affiliated with the applicant.
(d) The applicant shall maintain within the State of Mississippi, and make available for
examination by the Executive Director, executed copies of all application forms and
related documents filed with the foreign jurisdiction by the applicant or by any applicant
affiliated with the applicant.
(e)
The Commission shall consider all relevant information in considering the application,
including, but not limited to, the following:
1.
Whether the applicant has provided sufficient reason for belief that the foreign
gaming operation for which involvement is proposed will be conducted in
accordance with the standards of honesty and integrity required of gaming activities
in Mississippi and will pose no threat to gaming control in this state;
2.
Whether an effective accounting system will be implemented in the foreign gaming
operation for which involvement is proposed that will prevent the employment of
any techniques that could result in the avoidance of any Mississippi gaming license
fees or taxes;
3.
The business history of the licensee, including its record of financial stability, and
the integrity, duration, scope and success of its operations in Mississippi and
elsewhere;
4.
The current business activities and investments of the licensee and its gaming
affiliates;
5.
The regulatory history of the licensee and its affiliates in Mississippi and in foreign
jurisdictions;
6.
The availability and accessibility in Mississippi of information to the Commission
regarding the Mississippi operation and the involvement in the foreign jurisdiction
for which application has been made;
7.
The extent of personnel capable of managing both the licensee's Mississippi
gaming businesses and the foreign gaming operation;
8.
Whether the foreign gaming operation will create a significant risk that the licensee
or its gaming affiliates will not satisfy their financial obligations as they become
due;
9.
Whether the foreign gaming operation will create a significant risk that the licensee
or its gaming affiliates will not satisfy all financial and regulatory requirements
imposed by the laws of Mississippi and the regulations of the Commission; and
10.
The current financial status and structure of the applicant, both within and without
Mississippi, including historical and perspective balance sheets and statements of
operation for business activities in Mississippi and other jurisdictions, key financial
statistics such as debt to equity ratios and other financial data.
(f)
The final approval may be limited or conditioned in any manner deemed reasonable by
the Commission.
(Adopted: 12/30/1992.)