D.C. Mun. Regs. tit. 30, r. 30-2209
Current through Register Vol. 71, No. 44, November 1, 2024
Rule 30-2209 - LICENSING PROHIBITIONS2209.1 The Office shall deny, suspend, or revoke a license if evidence satisfactory to the Office exists that the Applicant or Licensee committed any of the following disqualifying offenses:
(a) The Applicant or Licensee knowingly made a false statement of a material fact to the Office;(b) The Applicant or Licensee has been suspended from operating a GOS, gambling game, gaming device, or gaming operation, or had a license revoked by any governmental authority responsible for the regulation of gaming activities;(c) The Applicant or Licensee has been convicted of a felony and has not received a pardon or has not been released from parole or probation for at least five (5) years;(d) The Applicant or Licensee has been convicted of a gambling-related offense, or a theft or fraud offense; or(e) The Applicant or Licensee is a company or individual who has been directly employed by any illegal or offshore book that serviced the United States or otherwise accepted black market wagers from individuals located in the United States.2209.2 The Office may deny, suspend, or revoke an Applicant's or Licensee's GOS License under the following circumstances:
(a) If the Applicant or Licensee has not demonstrated by clear and convincing evidence to the satisfaction of the Office financial responsibility sufficient to adequately meet the requirements of the proposed enterprise;(b) If the Applicant or Licensee is not the true owner of the business or is not the sole owner and has not disclosed on the application the existence or identity of other persons who have an ownership interest in the business; or(c) If the Applicant or Licensee is a corporation that sells more than ten percent (10%) of its voting stock, more than ten percent (10%) of the voting stock of a corporation that controls the Applicant or Licensee, sells the Applicant's or Licensee's assets, other than those bought and sold in the ordinary course of business, or an interest in the assets, to an individual, group of individuals, or entity not already determined by the Office to have met the qualifications of a Licensee, or is a non-corporate entity where an individual, group of individuals, or entity not already determined by the Office to have met the qualifications of a Licensee pursuant to this title holds more than a ten percent (10%) interest in the non-corporate entity. 2209.3 The acts listed in Subsection §2209.4 shall be known for purposes of the Act and this chapter as potential disqualifying offenses.
2209.4 The Office may deny, suspend, or revoke an Applicant's or Licensee's GOS License if they, or any person required to be qualified under this chapter as a condition of a GOS license, has been convicted of any offense in any jurisdiction which equates to the following crimes:
(a) All crimes of the first degree;(b) Attempt to commit an offense which is listed in this subsection;(c) Conspiracy to commit an offense which is listed in this subsection;(e) Vehicular homicide, which constitutes a crime of the second degree;(f) Aggravated assault which constitutes a crime of the second or third degree;(h) Sexual offenses which constitute crimes of the second or third degree;(j) Crimes involving arson and related offenses;(k) Causing or risking widespread injury or damage; (l) Burglary which constitutes a crime of the second degree;(m) Theft and related offenses which constitute crimes of the second or third degree;(n) Forgery and fraudulent practices which constitute crimes of the second or third degree;(o) Endangering the welfare of a child;(p) Bribery and corrupt influence;(q) Perjury and other falsification in official matters which constitute crimes of the second, third or fourth degree;(r) Misconduct in Office and abuse in Office which constitutes a crime of the second degree;(s) Manufacturing, distributing, or dispensing a controlled dangerous substance or a controlled dangerous substance analog which constitutes a crime of the second or third degree;(t) Employing a juvenile in a drug distribution scheme;(u) Distributing, dispensing, or possessing a controlled dangerous substance or a controlled substance analog on or within one thousand feet (1,000 ft.) of school property or bus;(v) Distributing, dispensing, or possessing a controlled dangerous substance or a controlled substance analog in proximity to public housing facilities, parks, or buildings;(w) Distribution, possession, or manufacture of imitation controlled dangerous substances;(x) Acquisition of a controlled dangerous substance by fraud;(y) Gambling offenses which constitute crimes of the third or fourth degree;(z) Possession of a gambling device;(aa) Any second-degree racketeering crime;(bb) Swindling and cheating;(cc) Use of device to gain an advantage at a sports wagering, lottery, or casino game;(dd) Unlawful use of bogus chips or gaming billets, marked cards, dice, cheating devices, unlawful coins;(ee) Cheating games and devices in a licensed casino;(ff) Unlawful possession of device, equipment, or other material illegally manufactured, distributed, sold or delivered; or(gg) Any other offense under present District or federal law which indicates that licensure of the Applicant would be detrimental to the policy of the Act and GOS operations; provided, however, that the automatic disqualification provisions of this subsection shall not apply with regard to any conviction which did not occur within the ten (lO)-year period immediately preceding application for licensure and which the Applicant demonstrates by clear and convincing evidence does not justify automatic disqualification under this subsection and any conviction which has been the subject of a judicial order of expungement or sealing; (hh) Current prosecution or pending charges in any jurisdiction of the Applicant or Licensee or of any person who is required to be qualified under the Act as a condition of a sports wagering license, for any of the offenses enumerated in this chapter; provided, however, that at the request of the Applicant or the person charged, the Office shall defer decision upon such application during the pendency of such charge;(ii) The pursuit by the Applicant or Licensee or any person who is required to be qualified under the Act as a condition of a GOS License if such pursuit creates a reasonable belief that the participation of such person in a GOS business would be detrimental to the policies of the Act;(jj) The identification of the Applicant or Licensee or any person who is required to be qualified under the Act as a condition of a GOS Machine as a career offender or a member of a career offender cartel or an associate of a career offender or career offender cartel in such a manner which creates a reasonable belief that the association is of such a nature as to be detrimental to the policy of this chapter. For purposes of this section, a career offender shall be defined as any person whose behavior is pursued in an occupational manner or context for the purpose of economic gain, utilizing such methods as are deemed criminal violations of the public policy of the District. A career offender cartel shall be defined as any group of persons who operate together as career offenders;(kk) The commission by the Applicant or Licensee or any person who is required to be qualified under the Act as a condition of a GOS Machine of any act or acts which would constitute an offense under this chapter, even if such conduct has not been or may not be prosecuted under the criminal laws of the District or any other jurisdiction or has been prosecuted under the criminal laws of the District or any other jurisdiction and such prosecution has been terminated in a manner other than with a conviction; (ll) Willful defiance by the Applicant or Licensee or any person who is required to be qualified under the Act of any legislative investigatory body or other official investigatory body of any state or of the United States when such body is engaged in the investigation of crimes relating to gaming, official corruption, or organized crime activity;(mm) Failure by the Applicant or Licensee or any person required to be qualified under the Act as a condition of a GOS Machine to make required payments in accordance with a child support order; and(nn) Failure by the Applicant or Licensee or any person required to be qualified under the Act as a condition of a GOS Machine to repay any other debt owed to the District; unless such Applicant provides proof to the Office's satisfaction of payment of or arrangement to pay any such debts prior to licensure.D.C. Mun. Regs. tit. 30, r. 30-2209
Reserved by Final Rulemaking published at 66 DCR 011618 (8/30/2019); amended by Final Rulemaking published at 68 DCR 3289 (3/26/2021)