- (a) The Arkansas Racing Commission may exempt an entity from the requirement of obtaining a service industry license if the commission determines that said entity is not operating its business in a regular and continuous manner as defined in subsection (d) of this section.
- (b) Any entity which is interested in obtaining an exemption from the requirement of obtaining a service industry license in accordance with this section shall apply in writing to the commission for said exemption.
(c) The exemption application shall contain the following information:
- (1) Name, address, and detailed description of the service offered by the entity;
- (2) Name of the owners, directors, officers, and managerial employees of the entity;
- (3) Franchise holder to whom they will provide services and a description of the service to be provided, including the quantity and cost of the services;
- (4) Number and frequency of the transactions;
- (5) Dollar amount of the transactions; and
- (6) Sufficient reasons to convince the commission as to why granting the entity a license is not necessary to protect the public interest or advance the commission’s policies relating to gaming.
- (d) The commission may determine that an entity is not operating its business in a regular and continuous manner if the applicant demonstrates, to the satisfaction of the commission, that the goods or services provided by the entity are in minimal or insignificant amounts, and that granting the same a service industry license is not necessary to protect the public interest or advance the policies established by the commission relating to gaming.
(e) In order to determine if an entity operates or will operate in a regular or continuous manner, the commission may take the following factors into consideration, among others:
- (1) Number of transactions;
- (2) Frequency of the transactions;
- (3) Dollar amount of transactions;
- (4) Nature of the equipment or services rendered or business carried out;
- (5) Maximum period of time necessary to provide the equipment, carry out the services, or complete in its entirety the business subject of the transactions; and
- (6) The public interest and the policy established by the commission relating to gaming.
- (f) Any entity which has been exempt by the commission from the requirement of obtaining a service industry license in accordance with this section shall notify the commission before carrying out any commercial contract or business transaction, with a franchise holder.