Hosting center — Registration required
Arkansas Constitution, Amendment 100, sec. 4
(a)
- (1) Before certain parts of any game, gaming device, cashless wagering system, or race book or sports pool operation can be operated at a hosting center, the hosting center, along with all owners and operators of the hosting center, and persons having significant involvement with the hosting center as determined by the Arkansas Racing Commission, including but not limited to key employees, must register with the commission pursuant to this section.
- (2) Such registration does not become effective until the registration is approved by the commission in writing.
- (3) Any person or entity whose request for registration is not approved by the commission may appeal the decision using the administrative appeal process found under this part.
(b)
- (1) Registration required by subsection (a) of this section shall be made, processed, and determined using such forms as the commission may require or approve and must be accompanied and supplemented by such documents and information as may be specified or required.
(2) The information requested shall include, but not be limited to, the following:
- (A) For the registration of natural persons:
(i) Full name, including aliases, past and present;
(ii) Residential address or addresses for the last five (5) years;
(iii) Contact information, including phone numbers and email addresses;
- (iv) Employment history, both current and for the past ten (10) years;
- (v) Date and place of birth;
- (vi) Social Security number;
- (vii) Full legal name of the hosting center to which the person’s registration relates;
- (viii) Description of the person’s relationship with the relevant hosting center, and the person’s duties or responsibilities under that relationship;
- (ix) List and description of any professional licenses that the person has held, past and present, and any past or current disciplinary action against those licenses;
- (x) List and description of any arrests or convictions of the person by law enforcement involving a felony or crime of moral turpitude; and
- (xi) List and description of any incidents in which the person has, either individually or as part of a group, been refused a gaming license or otherwise been found unsuitable by a regulatory body;
(B) For the registration of business organizations or associations:
- (i) Legal name, address, and contact information of every business organization or association under which the entity does business;
- (ii) Date and jurisdiction under which each business organization or association provided under subdivision (b)(2)(B)(i) of this section is registered as a legal entity;
- (iii) Tax identification number of each business organization or association provided under subdivision (b)(2)(B)(i) of this section;
- (iv) List of all affiliates of the business organization or association;
- (v) Organization chart depicting the business organization’s or association’s management structure;
- (vi) Organization chart depicting the business organization’s or association’s ownership structure, including, but not limited to any parent and affiliated entities;
- (vii) List of the names of all officers, directors, managers, and key employees of the business organization or association;
- (viii) Where the business organization or association is not the hosting center itself, a description of the business organization’s or association’s relationship to the relevant hosting center, and of what duties or responsibilities it will have under that relationship;
- (ix) List and description of any professional licenses that the business organization or association has held, past and present, and any past or current disciplinary action against those licenses;
- (x) List and description of any criminal charges brought against the business organization or association involving a felony or crime of moral turpitude; and
- (xi) List and description of any incidents where the business organization or association has, either individually or as part of a group, been refused a gaming license or otherwise been found unsuitable by a regulatory body; and
(C)
- (i) For each hosting center, provide a description of the facility and services available.
- (ii) The following descriptions must be provided:
(a) (a) Location description including:
- (1) (1) Floor plan;
- (2) (2) Reliability of power and telecommunications;
- (3) (3) Bandwidth availability;
- (4) (4) Compliance of server room to international standards;
- (5) (5) Redundancy of power and telecommunications feeds;
- (6) (6) Offline power capabilities, e.g., UPS and generator power;
- (7) (7) Refueling requirements of generators and fuel acquisition arrangements;
- (8) (8) Fire suppression system or systems;
- (9) (9) Temperature and humidity control system or systems; and
- (10) (10) Procedures for switching to offline power;
(b) (b) Security description including:
- (1) (1) Perimeter boundary fences;
- (2) (2) Use of security guards (employees or contracted);
- (3) (3) Access controls;
- (4) (4) Alarm systems;
- (5) (5) Video surveillance coverage and storage;
- (6) (6) Monitoring of personnel access to sensitive areas;
- (7) (7) Antisurveillance measures;
- (8) (8) Tenants; and
(9) (9) Contractors in use for services such as cleaning and maintenance;
(c) (c) Disaster recovery capabilities, testing, and auditing; and
- (d) (d) Internal control procedures including:
- (1) (1) Visitor access procedures and controls;
- (2) (2) Maintenance and audit of access logs;
- (3) (3) Alarm procedures for technical and security response;
- (4) (4) Due diligence performed on contractors, tenants, and staff;
- (5) (5) Emergency access procedures; and
(6) (6) Any other relevant procedures.
- (c) Any request for registration pursuant to subsection (a) of this section shall contain a statement subscribed by the applicant for registration that:
- (1) The information being provided to the commission is accurate and complete;
- (2) That the applicant for registration agrees to cooperate with requests, inquiries, or investigations of the commission; and
(3) The applicant for registration acknowledges that the commission may demand the person or entity to submit an application for finding of suitability, and that a failure to submit such an application within thirty (30) days of the demand may constitute grounds for a finding of unsuitability by the commission.
- (d) Any applications for registration required under this section shall be prepared and submitted by the relevant hosting center.
(e)
- (1) By the fifteenth day of each January, each registered hosting center shall inform the commission in writing of any changes in the information provided in its application for registration, and the applications for registration of any owner, operator, or person having significant involvement with the hosting center, or provide the commission with an affirmative statement indicating that there have been no changes to that information.
- (2) If such information or statement is not provided to the commission within ninety (90) days of January 15 of each year, the hosting center’s registration, and the registrations of each owner, operator, and person having significant involvement with the hosting center will lapse.
- (3) If any registrations lapse pursuant to this subsection, the applicable registrants must reapply for registration with the commission in order to reinstate the person’s or entity’s registered status.
(f) The commission, in its sole and absolute discretion may, upon receipt of a written request:
- (1) Waive the registration requirements of subdivisions (b)(2)(A) and (B) of this section for an individual or entity that currently holds a nonrestricted gaming license, or an affiliate thereof that has been registered or found suitable by the commission; or
- (2) Waive the registration requirements of subdivision (b)(2)(C) of this section if the hosting center can demonstrate, to the commission’s satisfaction, that the disclosure to the commission of certain information required under that subsection would hinder operations or pose a hardship due to contractual obligations.