1328 - Change in ownership or control of slot machine licensee.

     § 1328.  Change in ownership or control of slot machine                licensee.        (a)  Notification and approval.--            (1)  A slot machine licensee shall notify the board        immediately upon becoming aware of any proposed or        contemplated change of ownership of the slot machine licensee        by a person or group of persons acting in concert which        involves any of the following:                (i)  More than 5% of a slot machine licensee's            securities or other ownership interests.                (ii)  More than 5% of the securities or other            ownership interests of a corporation or other form of            business entity that owns directly or indirectly at least            20% of the voting or other securities or other ownership            interests of the licensee.                (iii)  The sale other than in the ordinary course of            business of a licensee's assets.                (iv)  Any other transaction or occurrence deemed by            the board to be relevant to license qualifications.            (2)  Notwithstanding the provisions of paragraph (1), a        slot machine licensee shall not be required to notify the        board of any acquisition by an institutional investor        pursuant to paragraph (1)(i) or (ii) if the institutional        investor holds less than 10% of the securities or other        ownership interests referred to in paragraph (1)(i) or (ii),        the securities or interests are publicly traded securities        and its holdings of such securities were purchased for        investment purposes only and the institutional investor files        with the board a certified statement to the effect that it        has no intention of influencing or affecting, directly or        indirectly, the affairs of the licensee, provided, however,        that it shall be permitted to vote on matters put to the vote        of the outstanding security holders. Notice to the board and        board approval shall be required prior to completion of any        proposed or contemplated change of ownership of a slot        machine licensee that meets the criteria of this section.        (b)  Qualification of purchaser of slot machine licensee;     change of control.--The purchaser of the assets, other than in     the ordinary course of business, of any slot machine licensee     shall independently qualify for a license in accordance with     this part and shall pay the license fee as required by section     1209 (relating to slot machine license fee). A change in control     of any slot machine licensee shall require that the slot machine     licensee independently qualify for a license in accordance with     this part, and the slot machine licensee shall pay a new license     fee as required by section 1209, except as otherwise required by     the board pursuant to this section. The new license fee shall be     paid upon the assignment and actual change of control or     ownership of the slot machine license.        (c)  Change in control defined.--For purposes of this     section, a change in control of a slot machine licensee shall     mean the acquisition by a person or group of persons acting in     concert of more than 20% of a slot machine licensee's securities     or other ownership interests, with the exception of any     ownership interest of the person that existed at the time of     initial licensing and payment of the initial slot machine     license fee, or more than 20% of the securities or other     ownership interests of a corporation or other form of business     entity which owns directly or indirectly at least 20% of the     voting or other securities or other ownership interests of the     licensee.        (d)  Fee reduction.--The board may in its discretion     eliminate the need for qualification and/or proportionately     reduce, but not eliminate, the new license fee otherwise     required pursuant to this section in connection with a change of     control of a licensee, depending upon the type of transaction,     the relevant ownership interests and changes thereto resulting     from the transaction and other considerations deemed relevant by     the board.        (e)  License revocation.--Failure to comply with this section     may cause the license issued under this part to be revoked or     suspended by the board unless the purchase of the assets or the     change in control that meets the criteria of this section has     been independently qualified in advance by the board and any     required license fee has been paid.     (Jan. 7, 2010, P.L.1, No.1, eff. imd.)        2010 Amendment.  Act 1 amended subsecs. (a)(1) and (b).        Cross References.  Section 1328 is referred to in sections     1209, 1302, 1307, 1312, 1327 of this title.