(a) Except as provided in subsection (b) of this section, each person must be licensed before they may:

1. (1) Own more than five percent (5%) of the equity security issued by a corporate licensee; or
2. (2) Hold more than five percent (5%) of the securities issued by a corporate licensee which give the holders voting rights in the corporation.

(b) An individual who has a beneficial interest in an employee trust formed as a part of a stock bonus plan meeting the requirements of section 401(a) of the Internal Revenue Code of 1954, as amended, and holding legal title to any equity security issued by a corporate licensee need not be licensed individually as to such beneficial interest provided the plan or the trust formed thereunder requires that either:

1. (1) Any stock received by a transferee shall be transferred back to the trust within twenty-four (24) hours; or

2. (2)

   1. (A) The transferee shall apply immediately for licensing as a stockholder of the licensee.
   2. (B) Until such time as the Arkansas Racing Commission acts upon the application for transfer, the transferee shall not exercise any voting rights nor receive any dividends, and if the transferee is not approved by the commission, the stock shall be immediately transferred back to the trust and any cash or stock dividends accumulated thereon shall remain in the trust.
   3. (C) If the transferee is approved by the commission, any accumulated dividends may be passed to the transferee.

(c)

1. (1) All stockholders owning or holding five percent (5%) or less of the equity and voting securities of a corporate licensee, other than a publicly traded corporation, must register in that capacity with the commission and affirmatively state in writing that they submit to the commission’s jurisdiction.
2. (2) Such registration must be made on forms prescribed by the commission.
3. (3) A stockholder who is required to be registered by this section shall apply for registration before the stockholder obtains an ownership interest of five percent (5%) or less in a corporate licensee.

(d)

1. (1) If the commission finds a stockholder unsuitable, denies an application of the stockholder, or revokes an approval of the stockholder, the stockholder shall immediately offer the security to the issuing corporation for purchase.
2. (2) The corporation shall purchase the security so offered, for cash at fair market value, within ten (10) days after the date of the offer.

3. (3) Beginning upon the date when the commission serves notice of a determination of unsuitability upon the corporation, it is unlawful for the unsuitable stockholder:

   1. (A) To receive any dividend or interest upon any such security;
   2. (B) To exercise, directly or through any trustee or nominee, any voting right conferred by such security; or
   3. (C) To receive any remuneration in any form from the corporation, for services rendered or otherwise.

(e) An application for registration with the commission shall:

1. (1) Include a completed application for registration form as prescribed by the commission;
2. (2) Include fully executed waivers and authorizations as determined necessary by the commission to investigate the registrant;
3. (3) Include an affirmative statement that the registrant submits to the jurisdiction of the commission;
4. (4) Include an affirmative statement that the registrant has no intent to exercise control over the licensee other than to vote the registrant’s shares in the ordinary course;

5. (5)

   1. (A) Include the fingerprints of the registrant for purposes of investigating the registrant’s criminal history.
   2. (B) Such fingerprints shall be provided in a form and manner acceptable to the commission.
   3. (C) The commission, in the commission’s sole and absolute discretion, may waive this requirement upon a written request which specifically sets out the reasons for the request for waiver;

6. (6) Be accompanied by a fee to cover registration investigation costs as follows:

   1. (A) For registrations related to two (2) or fewer restricted licenses, an investigative fee in the amount of five hundred fifty dollars ($550); and
   2. (B)

(i) For all other registrations, an investigative fee in the amount of two thousand five hundred dollars ($2,500).

1. (ii) This fee does not include the application fee or investigation costs should the commission require the registrant to apply for licensure; and
2. (7) Include such other information as the commission may require.

(f)

1. (1) The commission may require a stockholder who is required to be registered by this section to apply for licensure at any time in the commission’s discretion by sending notice through the United States Postal Service to the registrant at the address on the registrant’s registration on file with the commission and to the corporate licensee at the address on file with the commission.
2. (2) A stockholder shall apply for licensure as required by the commission within forty (40) days of the stockholder’s receipt of notice.
3. (3) The notice shall be deemed to have been received by the stockholder five (5) days after such notice is deposited with the United States Postal Service with the postage thereon prepaid.

(g)

1. (1) Upon receipt of a completed application for registration with the commission, the application shall be placed on an agenda for consideration by the commission not later than the first regular monthly commission agenda following the expiration of one hundred twenty (120) days after the commission receives the completed application for registration with the commission.

2. (2)

   1. (A) At the meeting in which the commission considers the application, it shall register the person with the commission, decline to register the person with the commission, or refer the application back to staff.
   2. (B) At the meeting in which the commission considers the application, it may also recommend the commission require the person required to be registered by this section to apply for licensure.
   3. (C) If the commission declines to register a person pursuant to this subsection, such action in so declining to register a person with the commission shall not be considered a denial under the act.
3. (3) A person who has the person’s application for registration with the commission declined or referred back to staff may file an application for licensure even if not required to do so by the commission.

(h) If a stockholder of a corporate licensee is a holding company and is required to register with the commission under this section, the stockholder is not also required to register as a subsidiary unless the commission requires the stockholder to apply for licensure.

1. (i)
2. (1) In enacting this subpart, the commission finds that waiver is appropriate to the extent required by this section.
3. (2) In making this waiver, the commission finds such waiver is consistent with state policy because such waiver is for purposes including but not limited to fostering the growth of the gaming industry which is vitally important to the economy of the state and the general welfare of its inhabitants and broadening the opportunity for investment in gaming.
4. (3) The commission further finds such waiver does not diminish the commission’s roles in strictly regulating gaming and effectively controlling the conduct of gaming by business organizations because the commission still requires, at a minimum, registration with the commission of all persons involved with gaming and may call such persons subject to registration with the commission forward for licensure, registration with the commission, or findings of suitability.

(j)

1. (1) Upon the commission requiring a stockholder who is required to be registered by this section to apply for licensure, the stockholder does not have any right to the granting of the application.
2. (2) Any license hereunder is a revocable privilege, and no holder acquires any vested right therein or thereunder.