Michigan Laws 432.208 – Occupational licenses
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Terms Used In Michigan Laws 432.208
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Applicant: means any person who applies for a license or for registration under this act. See Michigan Laws 432.202
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Board: means the Michigan gaming control board created under section 4. See Michigan Laws 432.202
- Casino: means a building or buildings in which gaming is conducted. See Michigan Laws 432.202
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Member: means a board member appointed to the board under this act. See Michigan Laws 432.202
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Occupational license: means a license issued by the board to a person to perform in a casino or a casino enterprise an occupation that directly impacts the integrity of gaming and that the board has identified as requiring a license to perform the occupation in a casino or casino enterprise in this state. See Michigan Laws 432.202
- Person: means an individual, corporation, limited liability company, association, partnership, limited liability partnership, trust, or other legal entity. See Michigan Laws 432.202
- shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) The board may issue an occupational license to an applicant after all of the following have occurred:
(a) The applicant has paid a nonrefundable application fee set by the board.
(b) The board has determined that the applicant is eligible for an occupational license under rules promulgated by the board.
(c) The applicant has paid the biennial license fee in an amount established by the board.
(2) The applicant shall establish by clear and convincing evidence the applicant’s eligibility and suitability as to integrity, moral character, and reputation; personal probity; financial ability and experience; responsibility; and other criteria considered appropriate by the board. The board shall not apply criteria that are arbitrary, capricious, or contradictory to the expressed provisions of this act. All applications must be made under oath.
(3) To be eligible for an occupational license, an applicant must meet all of the following:
(a) Be at least 21 years of age if the applicant will perform any function involved in gaming by patrons.
(b) Be at least 18 years of age if the applicant will perform only nongaming functions.
(c) Not have been convicted of a felony under the laws of this state, any other state, or the United States. The board may waive the requirements in this subdivision if the conviction occurred more than 10 years before the applicant applies for a license under this section and the board is convinced of both of the following:
(i) That the applicant does not pose a threat to the integrity of gaming.
(ii) That the applicant otherwise meets the requirements of subsection (2).
(d) Not have been convicted of a misdemeanor involving gambling, dishonesty, theft, or fraud in any state or any violation of a local ordinance in any state involving gambling, dishonesty, theft, or fraud that substantially corresponds to a misdemeanor in that state. The board may waive the requirements in this subdivision if the conviction occurred more than 5 years before the applicant applies for a license under this section and the board is convinced of both of the following:
(i) That the applicant does not pose a threat to the integrity of gaming.
(ii) That the applicant otherwise meets the requirements of subsection (2).
(4) Each application for an occupational license must be on a form prescribed by the board and contain all information required by the board. The applicant shall set forth in the application whether he or she has been issued prior gambling related licenses; whether he or she has been licensed in any other state under any other name, and, if so, the name under which the license was issued and his or her age at the time the license was issued; and whether or not a permit or license issued to him or her in any other state has been suspended, restricted, or revoked, and, if so, the cause and the duration of each suspension, restriction, or revocation.
(5) Each applicant shall submit with his or her application, on a form provided by the board, 2 sets of his or her fingerprints and a photograph. The board shall charge each applicant an application fee set by the board to cover all actual costs of administering the act relative to costs generated by each licensee and all background checks.
(6) The board may, in its discretion, deny an occupational license to a person who is or does any of the following:
(a) The applicant fails to disclose or states falsely any information requested in the application.
(b) The applicant is a member of the board.
(c) The applicant has a history of noncompliance with the casino licensing requirements of any jurisdiction.
(d) Whether the applicant has been indicted for, charged with, arrested for, convicted of, pleaded guilty or nolo contendere to, forfeited bail concerning, or had expunged any criminal offense under the laws of any jurisdiction, either felony or misdemeanor, not including traffic violations, regardless of whether the offense has been expunged, pardoned, or reversed on appeal or otherwise.
(e) The applicant has filed, or had filed against it, a proceeding for bankruptcy or has ever been involved in any formal process to adjust, defer, suspend, or otherwise work out the payment of any debt.
(f) The applicant has a history of noncompliance with any regulatory requirements in this state or any other jurisdiction.
(g) The applicant has been served with a complaint or other notice filed with any public body regarding a payment of any tax required under federal, state, or local law that has been delinquent for 1 year or more.
(h) The applicant is employed by a governmental unit of this state.
(i) The board concludes that the applicant lacks the requisite suitability as to integrity, moral character, and reputation; personal probity; financial ability and experience; or responsibility.
(j) The applicant fails to meet any other criteria that the board considers appropriate. The board shall not apply criteria that are arbitrary, capricious, or contradictory to the expressed provisions of this act.
(k) The applicant is unqualified to perform the duties required of the license.
(l) The applicant has been found guilty of a violation of this act.
(m) The applicant has had a prior gambling related license or license application suspended, restricted, revoked, or denied for just cause in any other jurisdiction.
(7) The board may suspend, revoke, or restrict any occupational licensee for any of the following:
(a) Violation of this act.
(b) Violation of any rule promulgated by the board.
(c) Any cause that, if known to the board, would have disqualified the applicant from receiving the license.
(d) Default in the payment of any obligation or debt due to this state.
(e) Any other just cause.
(8) A license issued under this section is valid for a period of 2 years from the date the license is issued.
(9) All applicants and licensees must consent to the inspections, searches, and seizures of their person and personal effects as provided in section 4a(1)(c)(i) to (v) and the providing of handwriting exemplars, photographs, fingerprints, and information as authorized in this act and in rules promulgated by the board.
(10) An applicant or licensee has a continuing duty to provide information requested by the board and to cooperate in any investigation, inquiry, or hearing conducted by the board.
(11) Failure to provide information requested by the board, to assist in any investigation, inquiry, or hearing of the board, or to comply with this act or rules of the board may result in denial, suspension, or, upon reasonable notice, revocation of a license.