1313 - Slot machine license application financial fitness requirements.

     § 1313.  Slot machine license application financial fitness                requirements.        (a)  Applicant financial information.--The board shall     require each applicant for a slot machine license to produce the     information, documentation and assurances concerning financial     background and resources as the board deems necessary to     establish by clear and convincing evidence the financial     stability, integrity and responsibility of the applicant, its     affiliate, intermediary, subsidiary or holding company,     including, but not limited to, bank references, business and     personal income and disbursement schedules, tax returns and     other reports filed with governmental agencies, and business and     personal accounting and check records and ledgers. In addition,     each applicant shall in writing authorize the examination of all     bank accounts and records as may be deemed necessary by the     board.        (b)  Financial backer information.--The board shall require     each applicant for a slot machine license to produce the     information, documentation and assurances as may be necessary to     establish by clear and convincing evidence the integrity of all     financial backers, investors, mortgagees, bondholders and     holders of indentures, notes or other evidences of indebtedness,     either in effect or proposed. Any such banking or lending     institution and institutional investors may be waived from the     qualification requirements. A banking or lending institution or     institutional investor shall, however, produce for the board     upon request any document or information which bears any     relation to the proposal submitted by the applicant or     applicants. The integrity of the financial sources shall be     judged upon the same standards as the applicant. Any such person     or entity shall produce for the board upon request any document     or information which bears any relation to the application. In     addition, the applicant shall produce whatever information,     documentation or assurances the board requires to establish by     clear and convincing evidence the adequacy of financial     resources.        (c)  Applicant's ability to pay license fee.--The board shall     require each applicant for a Category 1 or 2 slot machine     license at the time of application to post a letter of credit or     bond in the amount of $50,000,000 to demonstrate the financial     ability to pay the slot machine license fee as required in     section 1209 (relating to slot machine license fee) if issued a     slot machine license by the board. Each applicant for a Category     3 slot machine license at the time of application shall be     required to post a letter of credit or bond in the amount of     $5,000,000 to demonstrate the financial ability to pay the     Category 3 slot machine license fee as required in section 1305     (relating to Category 3 slot machine license) if issued a slot     machine license by the board.        (d)  Applicant's business experience.--The board shall     require each applicant for a slot machine license to produce the     information, documentation and assurances as the board may     require to establish by clear and convincing evidence that the     applicant has sufficient business ability and experience to     create and maintain a successful, efficient operation.     Applicants shall produce the names of all proposed key employees     and a description of their respective or proposed     responsibilities as they become known.        (e)  Applicant's operational viability.--In assessing the     financial viability of the proposed licensed facility, the board     shall make a finding, after review of the application, that the     applicant is likely to maintain a financially successful, viable     and efficient business operation and will likely be able to     maintain a steady level of growth of revenue to the Commonwealth     pursuant to section 1403 (relating to establishment of State     Gaming Fund and net slot machine revenue distribution).     Notwithstanding any provision of this part to the contrary, an     applicant that includes a commitment or promise to pay a slot     machine license fee in excess of the amount provided in section     1209 or a distribution of terminal revenue in excess of the     amounts provided in sections 1403, 1405 (relating to     Pennsylvania Race Horse Development Fund) and 1407 (relating to     Pennsylvania Gaming Economic Development and Tourism Fund) shall     not be deemed a financially successful, viable or efficient     business operation and shall not be approved for a slot machine     license.        (f)  Additional information.--In addition to other     information required by this part, a person applying for a slot     machine license shall provide the following information:            (1)  The organization, financial structure and nature of        all businesses operated by the person, including any        affiliate, intermediary, subsidiary or holding companies, the        names and personal employment and criminal histories of all        officers, directors and key employees of the corporation; the        names of all holding, intermediary, affiliate and subsidiary        companies of the corporation; and the organization, financial        structure and nature of all businesses operated by such        holding, intermediary and subsidiary companies as the board        may require, including names and personal employment and        criminal histories of such officers, directors and principal        employees of such corporations and companies as the board may        require.            (2)  The extent of securities held in the corporation by        all officers, directors and underwriters and their        remuneration in the form of salary, wages, fees or otherwise.            (3)  Copies of all management and service contracts.     (Nov. 1, 2006, P.L.1243, No.135, eff. imd.)        2006 Amendment.  Act 135 amended subsec. (e).