§ 3-103. Application for license.
A. No license shall be issued under this statute except upon a sworn application filed with the Commission, in such form as may be prescribed by the Commission, containing a full and complete showing, at a minimum, of the following:
1. Satisfactory proof that the applicant is of good character and reputation, and is financially responsible;
2. If applicable, a complete description of the premises at which gaming will be conducted;
3. Agreement by the applicant to abide by all conditions of the license, this statute, the rules, and IGRA;
4. A separately sworn statement that the applicant has never been convicted of, or entered a plea of guilty or no contest to, any of the following criminal offenses:
a. Any felony, other than a felony conviction for an offense under subsection (A)(4)(b), (A)(4)(c), or (A)(4)(d) of this section, within the preceding ten (10) years; provided, however, that this record limitation to the preceding ten (10) years shall not apply to any applicant which is a management entity or controlling shareholder;
b. Any gaming related offense;
c. Fraud, misrepresentation or any other crimes of moral turpitude in any context; or
d. A violation of any provision of this statute, the rules, or any other statute or rules of the Nation.
5. The applicant’s fulfillment of all applicable requirements of IGRA, all provisions of this statute, including, but not limited to, those in Chapter 4 of this Title.
B. No license shall be issued to any applicant who is determined by the Commission to be a person whose prior activities, criminal record, reputation, habits or associations pose a threat to the public interest or to the effective regulation and control of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, or activities in the operation of gaming or the carrying on of the business and financial arrangements incidental thereto.
C. The issuance of licenses shall also be subject to the provisions of Chapter 4 of this Title regarding background investigations.
D. The following notices shall be placed on the application form for a key employee, management entity, primary management official or supplier of gaming goods and services before such form is completed by an applicant:
1. “In compliance with the Privacy Act of 1974, the following information is provided: Solicitation of the information on this form is authorized by 25 U.S.C. § 2701 et seq. The purpose of the requested information is to determine the eligibility of the individuals to be granted a gaming license. The information will be used by the Tribal Gaming regulatory authorities and by the National Indian Gaming Commission members and staff who have need for the information in the performance of their official duties. The information may be disclosed to appropriate federal, Tribal, state, local, or foreign law enforcement and regulatory agencies where relevant to civil, criminal or regulatory investigations or prosecutions or when pursuant to a requirement by a Tribe or the National Indian Gaming Commission in connection with the issuance or revocation of a gaming license, or investigations of activities while associated with a Tribe or a gaming operation. Failure to consent to the disclosures indicated in this notice will result in a Tribe’s being unable to license you for a primary management official or key employee position.
2. “The disclosure of your social security number (SSN) is voluntary. However, failure to supply a SSN may result in errors in processing your application.
3. “A false statement on any part of your license application may be grounds for denying a license or the suspension or revocation of a license. Also, you may be punished by fine or imprisonment. (18 U.S.C. § 1001).” ONCA 07-09, eff. Dec. 8, 2006; ONCA 10-73, eff. Oct. 5, 2010; ONCA 11-09, eff. Feb. 11, 2011.