§ 41-9.1-23 - Casino license – Disqualification criteria.
SECTION 41-9.1-23
§ 41-9.1-23 Casino license –Disqualification criteria. – The state lottery division shall not award a casino or other license, permit orregistration to any person who is disqualified on the basis of any of thefollowing criteria:
(1) Failure of the applicant to prove by clear and convincingevidence that he or she is suitable in accordance with the provisions of thischapter.
(2) Failure of the applicant to provide information anddocumentation to reveal any fact material to a suitability determination, orthe supplying of information which is untrue or misleading as to a materialfact pertaining to the qualification criteria.
(3) The conviction of, or a plea of guilty or nolo contendereby, the applicant, or of any person required to be qualified under this chapterfor an offense punishable by imprisonment of more than one year or a fine up toone thousand dollars ($1,000); provided, however, a conviction or plea ofguilty or nolo contendere by the applicant shall not constitute an automaticdisqualification as otherwise required if:
(i) Ten (10) or more years has elapsed between the date ofapplication and the successful completion of service of any sentence, deferredadjudication, or period of probation or parole; or
(ii) Five (5) or more years has elapsed between the date ofapplication and the successful completion of any sentence, deferredadjudication, or period of probation or parole and the conviction for anoffense which was a misdemeanor offense.
(4) Notwithstanding any provision of law to the contrary, thestate lottery division may consider the seriousness and circumstances of anyoffense, any arrest, or any conviction in determining suitability.