13 MAC Pt. 2, R. 12.3
Application For Continuous Approval For Involvement In Foreign Gaming
Cite as 13 Miss. Admin. Code Pt. 2, R. 12.3
Application For Continuous Approval For Involvement In Foreign Gaming
(a) A licensee who has been granted continuous approval for involvement in foreign gaming
is exempt from compliance with preliminary approval and final approval, unless
otherwise required by the Commission.
(b) An application for continuous approval for involvement in foreign gaming shall be:
1.
Made on such forms as may be prescribed by the Executive Director;
2.
Accompanied by an application fee of four thousand dollars ($4,000.00), the
applicant shall pay the cost of any additional investigation as required by the
Executive Director; and
3.
Be supplemented by such information as the Executive Director may request.
(c)
By filing the application, the licensee agrees:
1.
To conduct any foreign gaming operations in accordance with the standards of
honesty and integrity required for gaming activities in this state;
2.
That foreign gaming operations will be lawfully conducted in the foreign
jurisdiction, and that the licensee's involvement will pose no threat to gaming
control in Mississippi; and
3.
To utilize an effective accounting system in the foreign jurisdiction which is
designed to prevent the employment of techniques to avoid payment of Mississippi
license fees and taxes.
(d) The Commission shall consider all relevant information in determining whether to grant
continuous approval including, but not limited to, the following:
1.
The business history of the applicant, including its record of financial stability, and
the integrity, duration, scope and success of its operations in Mississippi and
elsewhere;
2.
The current business activities and investments of the applicants and its gaming
affiliates;
3.
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;
4.
The regulatory history of the applicant and its affiliates in Mississippi and in foreign
jurisdictions;
5.
The availability and accessibility in Mississippi of information regarding the
Mississippi operation and any foreign operation;
6.
The extent of personnel capable of managing both the Mississippi operation and
the foreign operation;
7.
Whether a foreign gaming operation will create an significant risk that the applicant
or its gaming affiliates will not satisfy their financial obligations as they become
due; and
8.
Whether a foreign gaming operation will create a significant risk that the applicant
or its affiliates will not satisfy all financial and regulatory requirements imposed by
the laws of Mississippi and the regulations of the Commission.
(e)
The Commission may grant continuous approval to participate in foreign gaming for a
period of up to two (2) years and may impose whatever conditions upon a continuous
approval to participate in foreign gaming operations it deems reasonable.
(f)
A licensee who has received continuous approval to participate in foreign gaming must
continuously and promptly inform the Executive Director of each and every material
action or step taken concerning a specific transaction, leading up to the execution of a
definitive agreement for the conduct of foreign gaming.
(g) After receiving continuous approval, a licensee intending to commence foreign gaming
operations shall notify the Executive Director of his intent as soon as practicable, but in
no event later than forty-five (45) days before actual commencement of the operations
and shall provide documentation related to such proposed operation that must include in
addition to any other information required by the Executive Director:
1.
The information required by Mississippi Gaming Commission Regulation Part 2,