Section 1012 - Local approval for renewal of slot machine operator licenseAt least 60 days before a slot machine operator applies for renewal of a slot machine operator license under section 1017, subsection 4, the slot machine operator must first seek approval for the renewal under this section from the municipal officers of the municipality in which the commercial track with slot machines is located or, if the commercial track is in an unincorporated place, the slot machine operator must seek approval for the renewal under this section from the county commissioners of the county in which the commercial track with slot machines is located. [2021, c. 22, §1(AMD).]
1.Hearings. Municipal officers or county commissioners, as the case may be, may hold a public hearing for the consideration of a request for the renewal of a license to operate slot machines, except that, when an applicant has held a license for the prior 5 years and a complaint has not been filed with the board against the applicant within that time, the applicant may request a waiver of the hearing. A. The board shall prepare and supply application forms for public hearings under this subsection. [2003, c. 687, Pt. A, §5(NEW); 2003, c. 687, Pt. B, §11(AFF).]B. Municipal officers or county commissioners, as the case may be, shall provide public notice of any hearing held under this section by causing, at the applicant's prepaid expense, a notice stating the name and place of the hearing to appear on at least 3 consecutive days before the date of the hearing in a daily newspaper having general circulation in the municipality where the premises of the commercial track with slot machines are located or one week before the date of the hearing in a weekly newspaper having general circulation in the municipality where the premises are located. [2003, c. 687, Pt. A, §5(NEW); 2003, c. 687, Pt. B, §11(AFF).]C. If municipal officers or county commissioners, as the case may be, fail to take final action on an application for a renewal of a slot machine operator license within 60 days of the filing of an application, the application is considered approved and the slot machine operator may submit a renewal application to the board pursuant to section 1017, subsection 4. For purposes of this paragraph, the date of filing of the application is the date the application is received by the municipal officers or county commissioners. [2021, c. 22, §2(AMD).] [2021, c. 22, §2(AMD).]
2.Findings. In granting or denying an application under this section, municipal officers or the county commissioners shall indicate the reasons for their decision and provide a copy to the applicant. A license may be denied on one or more of the following grounds:A. Noncompliance of the commercial track licensed to operate slot machines with any local zoning ordinance or other land use ordinance not directly related to slot machine operations; [2003, c. 687, Pt. A, §5(NEW); 2003, c. 687, Pt. B, §11(AFF).]B. Conditions of record such as waste disposal violations, health or safety violations or repeated parking or traffic violations on or in the vicinity of the premises of the commercial track with slot machines and caused by persons patronizing or employed by the commercial track licensed to operate slot machines or other such conditions caused by persons patronizing or employed by the premises that unreasonably disturb, interfere with or affect the ability of persons or businesses residing or located in the vicinity of the premises to use their property in a reasonable manner; [2003, c. 687, Pt. A, §5(NEW); 2003, c. 687, Pt. B, §11(AFF).]C. Repeated incidents of record of breaches of the peace, disorderly conduct, vandalism or other violations of law on or in the vicinity of the premises of the commercial track with slot machines and caused by persons patronizing or employed by the commercial track licensed to operate slot machines; and [2003, c. 687, Pt. A, §5(NEW); 2003, c. 687, Pt. B, §11(AFF).]D. A violation of any provision of this chapter. [2003, c. 687, Pt. A, §5(NEW); 2003, c. 687, Pt. B, §11(AFF).] [2003, c. 687, Pt. A, §5(NEW); 2003, c. 687, Pt. B, §11(AFF).]
3.Appeal to board. Any applicant aggrieved by the decision of the municipal officers or county commissioners under this section may appeal to the board within 15 days of the receipt of the written decision of the municipal officers or county commissioners. The board shall hold a public hearing in the city, town or unincorporated place where the premises of the commercial track with slot machines are situated. In acting on such an appeal, the board may consider all licensure requirements and findings referred to in subsection 2. If the decision appealed is an application denial, the board may issue the license only if it finds by clear and convincing evidence that the decision was without justifiable cause. [2003, c. 687, Pt. A, §5(NEW); 2003, c. 687, Pt. B, §11(AFF).]
4.Appeal to District Court. Any person or governmental entity aggrieved by a board decision under this section may appeal the decision to the District Court within 30 days of receipt of the written decision of the board. An applicant who files an appeal or who has an appeal pending shall pay the license renewal fee the applicant would otherwise pay. Upon resolution of the appeal, if an applicant's license renewal is denied, the board shall refund the applicant the prorated amount of the unused license fee. [2003, c. 687, Pt. A, §5(NEW); 2003, c. 687, Pt. B, §11(AFF).]
Amended by 2021, c. 22,§ 2, eff. 6/29/2021.Amended by 2021, c. 22,§ 1, eff. 6/29/2021.2003, c. 687, §A5 (NEW) . 2003, c. 687, §B11 (AFF) .