(b) The commission may further consider the effects of the action or approval requested by the applicant, the benefits to the State of Arkansas, and whether other facts are deemed relevant, including, but not limited to, the following:

1. (1)

   1. (A) Whether the applicant, either individually or in conjunction with other limited partners, has any direct or indirect control or significant influence over a general partner, or over the management of the limited partnership’s business or gaming operations, or the ability to acquire such control.
   2. (B) The limited partnership agreement will be scrutinized to determine if it has clear and specific provisions covering the following:

(i) Restricting the priority rights with respect to income, losses, or other distributions, whether during the term of the limited partnership or upon its dissolution, of limited partners seeking delayed licensing;

1. (ii) Vesting the general partner or partners with the sole and exclusive right to manage and control the limited partnership’s business;

   1. (iii) Defining the scope of the general partner’s or partners’ authority and any limitations thereon;

      1. (iv) Restricting the right of the limited partners to remove or elect general partners, except to the extent necessary to elect a general partner upon the retirement, death, or disability of a general partner who is a natural person; and
      2. (v) Whether any additional assessment or capital contribution can be required of the limited partners;

2. (2)

   1. (A) Whether the applicant has, or has had, a material relationship with a general partner.
   2. (B) Applicants who have a familial relationship, either by blood, marriage, or adoption, to a general partner may be deemed to have such a material relationship;
3. (3) The commonality of other business interests between a general partner and any limited partners prior to, or existing at, formation of the limited partnership;
4. (4) Whether the applicant had a key role in forming the limited partnership;
5. (5) The relative level of risk for each general partner;
6. (6) The business probity of each general partner, in gaming or otherwise;
7. (7) The presence or absence of restrictions on the limited partners;
8. (8) Whether a substantial portion of the assets of the limited partnership were owned by only one (1) or more limited partners prior to formation of the limited partnership;
9. (9) Whether a substantial portion of the depreciable assets involved in the proposed gaming operation will be owned by the limited partnership;

10. (10)

    1. (A) The number of persons and entities involved in the limited partnership.
    2. (B) The commission will not ordinarily grant delayed licensing status to a limited partnership with fewer than twenty-five (25) limited partners;
11. (11) The various percentage ownership interests in the limited partnership;
12. (12) Whether any limited partner has obligated his or her personal assets as a guarantee for the limited partnership or made any loans to the limited partnership in any manner whatsoever;
13. (13) The terms of any agreement that provides for a buyout of a limited partner’s interest in the event that a limited partner is found unsuitable for licensing; and
14. (14) The presence or absence of any tax benefits to the limited partner.