Manufacturer or distributor of associated equipment — Determination of suitability
Arkansas Constitution, Amendment 100, sec. 4
- (a) In addition to the requirements of this subpart requiring a manufacturer or distributor of associated equipment to be registered, the Arkansas Racing Commission may require a manufacturer or distributor of associated equipment who sells, transfers, or offers the associated equipment for use or play in Arkansas to file an application for a finding of suitability to be a manufacturer or distributor of associated equipment.
- (b) The commission may require any person who directly or indirectly involves himself or herself in the sale, transfer, or offering for use or play in Arkansas of such associated equipment who is not otherwise required to be licensed as a manufacturer or distributor to file an application for a finding of suitability to be a manufacturer or distributor of associated equipment.
- (c) The commission shall give written notice of its decision to require the filing of an application for a finding of suitability under subsection (a) and/or (b) of this section.
(d)
- (1) All investigative costs and fees associated with applications for a finding of suitability are owed by the party required to file the application for a finding of suitability.
- (2) Failure to remit such costs and fees within such periods set by the commission, upon the advice of the commission, will result in a lapse of the registrations of the applicable manufacturer or distributor of associated equipment and will constitute an unsuitable method of operation.
- (3) Where the party required to file an application to manufacture or distribute associated equipment is not registered, failure to pay such investigative costs and fees is grounds for denial of any application associated with such manufacture or distribution of associated equipment.
- (e) Failure of any party described in subsections (a) or (b) of this section to submit an application for a finding of suitability within thirty (30) days of being demanded to do so by the commission shall constitute grounds for a finding of unsuitability of that party.
(f) If the commission finds any manufacturer or distributor of associated equipment, as described in subsection (a) of this section, or any person, as described in subsection (b) of this section, to be unsuitable under this section:
- (1) The registration of such manufacturer or distributor is thereupon revoked as a matter of law;
- (2) Any applications for registration as a manufacturer or distributor of associated equipment associated with a party which is found unsuitable are deemed denied as a matter of law; and
- (3) All casino licensees shall, upon written notification from the commission, terminate any existing relationships, direct or indirect, with such unsuitable parties.
- (g) Failure of a casino licensee to terminate any association or agreement, direct or indirect, with any party found unsuitable upon receiving written notice of the determination of unsuitability constitutes an unsuitable method of operation.
- (h) Failure of a registered manufacturer or distributor of associated equipment to terminate any association or agreement with any party found unsuitable upon receiving written notice of the determination of unsuitability shall constitute grounds for the revocation of the registration of the manufacturer or distributor of associated equipment.
- (i) The commission retains jurisdiction to determine the suitability of any party described in subsection (a) or subsection (b) of this section regardless of whether or not that party has severed any relationship with a casino licensee or registered manufacturer or distributor of associated equipment.