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A. The Commission shall review an applicant’s prior activities, criminal record, if any, and reputation, habits and associations and shall conduct interviews with former employers, associates and/or other persons familiar with the applicant sufficient to permit it to make a finding concerning an applicant’s eligibility for a license. A license may not be issued unless the Commission is satisfied the applicant is a person of good character, honesty and integrity. The Commission shall not license a person if the Commission determines that the licensing of the person: poses a threat to the public interest or to the effective regulation of gaming; creates or enhances dangers of unsuitable, unfair, or illegal practices and methods and activities in the conduct of gaming or the carrying on of business and financial arrangements incidental thereto; or will undermine public trust that Tribal gaming is free from criminal and dishonest elements and would be conducted honestly.

B. In making findings concerning the eligibility of license applicants, the Commission shall take into consideration any of the following circumstances:

1. If the applicant knowingly and intentionally provided false statements or information or omitted relevant information on the application, or otherwise misrepresented or failed to disclose a material fact to the Commission;

2. If the prior activities, criminal record, reputation, habits and associations of the person indicate that the person may be a threat to the public interest or to the effective regulation and control of gaming;

3. If association with or employment of this applicant creates or enhances the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of gaming or the carrying on of the business and financial arrangements incidental thereto;

4. If the applicant has violated, failed, or refused to comply with the provisions, requirements, conditions, limitations, or duties imposed by any provision of the Compact or this chapter, or possesses knowledge that such violation has occurred upon any premises occupied or operated by any such person or over which he or she has/had substantial control;

5. If the applicant knowingly caused, aided, abetted, or conspired with another to cause any person or entity to violate any of the laws of any jurisdiction, the provisions of the Compact or this chapter;

6. If the applicant has ever obtained a license by fraud, misrepresentation, concealment, or through inadvertence or mistake;

7. If the applicant has ever been convicted of, or forfeited bond upon a charge of, or pleaded guilty to forgery, larceny, extortion, conspiracy to defraud, willful failure to make required payment or reports to any Tribal, state, or U.S. Government agency at any level, or filed false reports therewith, or of any similar offense(s), or of bribing or otherwise unlawfully influencing a public official or employee of a tribe, a state, or the U.S. Government, or of any felony or misdemeanor involving any gaming activity, physical harm to individuals or moral turpitude;

8. If the applicant is subject to current prosecution or pending charges, or a conviction under appeal for any of the offenses listed above. Upon request of the applicant, the Commission may defer decision on the application pending the results of such prosecution or appeal;

9. If the applicant has demonstrated a willful disregard for compliance with a gaming regulatory authority in any jurisdiction or has ever had a gaming license issued by any state, tribe or foreign gaming regulatory agency suspended, revoked or denied; or

10. If the applicant has failed to provide any information requested by the Commission within 14 days of the request for the information. [Amended 4/12/04; Ord. 08-03 Art. IX § 6, approved 11/8/03.]