Section GMG.01.16 — Tribal Gaming Services Vendor License

(a) Requirement for Gaming Services Vendor License. No person or entity may provide gaming services, gaming apparatus or gaming equipment to any gaming facility or gaming operator unless such person or entity is the holder of a valid and current gaming services vendor license issued by the Commission; provided, however, that such vendor may automatically be granted said license if:

(1) The person or entity has a current, valid license or certificate or pending application to provide the same type of gaming services, apparatus or equipment to tribes from the State of Wisconsin; provided that consent is given to the Commission or its agent(s) to review all evidence supporting the issuance of such license or certificate, and provided further that consent is given to pursue a separate investigation should the Commission find cause.

(A) A gaming services vendor may be eligible for a provisional gaming services vendor license upon presentation of proof of a complete gaming certificate application having been filed with the State.

(2) Any license granted under Section GMG.01.16 may be revoked or suspended by the Commission in the same manner and for the same reasons as provided elsewhere in this Section.

(b) Application for Gaming Services Vendor License. The application for this license shall contain such information, documentation and assurances as may be required by the Commission.

(c) Fee for License. Any person or entity filing an application for a gaming services vendor license pursuant to this Section shall pay to the Commission a fee, set by the Commission with Tribal Council approval.

(d) Background Investigation of Applicants. Upon receipt of an application for a gaming services vendor license, the Commission or designated Commission agent shall conduct an investigation of the applicant and each of its principals and shall include a criminal records check on the applicant and on each of the applicant's principals.

(e) Action by Commission. Except as provided in Section GMG.01.16(a)(1), the Commission shall, as soon as practicable after completion of the background investigation under Section GMG.01.16(d), either grant or deny the license. The Commission may deny license to any applicant upon a determination that the applicant, or any principal identified with such applicant:

(1) Is a person or entity whose prior activities, criminal record, if any, or reputation, habits and associations pose a threat to the effective regulation of gaming or create or enhance the chances of unfair or illegal practices, methods and activities in the conduct of the gaming activities permitted hereunder; or

(2) Has failed to provide information required to investigate the applicant's suitability for a license or has failed to reveal any fact material to such application or has furnished any information that is untrue or misleading in connection with such application.

(f) Duration of License and Renewal. Any gaming services vendor license issued by the Commission shall be effective for not more than two years and shall expire on the date two years from the date of issuance, provided, that a licensee that has applied for renewal prior to expiration may continue to provide services under the expired license until the Commission takes final action on the renewal application.

(g) Revocation or Suspension of License. The Commission may investigate any licensed person or entity or any principal of any entity at any time and the Commission may suspend, modify or revoke any license issued under this Section if new information concerning any facts not available to the Commission at the time a license was issued or any renewal thereof, is presented to the Commission, and if such new information would justify revocation of an original license or any renewal thereof pursuant to this Section. No license shall be revoked except after notice and an opportunity for a hearing. A licensed person or entity shall be entitled to any payment due for services provided or for goods delivered prior to the effective date of suspension or revocation of its license.

(1) When the Commission believes that a person or entity holding a valid gaming services vendor license did not qualify for said license or that the person or entity or any principal of the entity has engaged in activities that would justify denial of the renewal of said license, the Commission or its designee shall issue a notice of suspension of such person or entity's license, which shall be served upon the licensee by personally serving or by certified mail, at its principal place of business. This notice shall state the grounds upon which such temporary suspension is ordered and provide that the person or entity shall have an opportunity to present relevant evidence and to cross-examine opposing witnesses, and to present any other evidence as to why a suspension should not be issued. Such hearing shall be governed in all respects by this Ordinance and Commission regulations.

(2) When the Commission suspends a license under this subsection, the licensee shall immediately cease and desist from all gaming services to tribally licensed gaming operators and facilities. Decisions of the Commission pursuant to this Section, following any administrative review or appeal allowed under this Ordinance or otherwise permitted by the Commission, constitute final Commission action.

(h) Regulation of Non-Gaming Persons and Entities. Any person or entity that provides goods or services to a tribally licensed gaming operation or facility, other than gaming services or gaming equipment shall cooperate with the Commission and the Tribal and federal law enforcement in any investigation by either the Commission or the federal government relative to the fitness of such enterprise or organization to engage in business with a gaming operation or facility. The Commission may bar such person or entity from providing goods or services to a tribally licensed gaming operation or facility upon a determination that such person or entity, or principal thereof is a person or entity whose prior activities, criminal record if any, or reputation, habits and associations pose a threat to the effective regulation of gaming or create or enhance the dangers of unfair or illegal practices, methods and activities in the conduct of gaming. The Commission may bar anyone who may cause any licensed employee to violate any provisions of this Ordinance or any applicable tribal, federal or state law. Any person or entity affected by a bar under this subsection shall have a right to notice and hearing as provided in Section GMG.01.16(g).