5-1209. Revocation, suspension or denial of license; grounds; definitions

A. The department may revoke, suspend or deny a license if an applicant or licensee meets any of the following criteria:

1. Violates, fails or refuses to comply with the provisions, requirements, conditions, limitations or duties imposed by law or rule, or if any such violation occurs on any fantasy sports contest platform operated by any such person or over which the person has substantial control.

2. Knowingly causes, aids, abets or conspires with another to cause any person to violate any of the laws of this state or the rules of the department.

3. Obtains a license by fraud, misrepresentation, concealment or through inadvertence or mistake.

4. Is convicted of or forfeited bond on a charge of or pleads guilty to:

(a) Forgery, larceny, extortion or conspiracy to defraud.

(b) Wilful failure to make required payment or reports to any tribal, state or federal governmental agency, filing false reports with any tribal, state or federal governmental agency or any similar offense or offenses.

(c) Bribing or otherwise unlawfully influencing a public official of this state or any other state or jurisdiction.

(d) Any crime, whether a felony or misdemeanor, involving any gaming activity, physical harm to an individual or moral turpitude.

5. Makes a misrepresentation of or fails to disclose a material fact to the department.

6. Fails to prove, by clear and convincing evidence, that the person is qualified for licensure.

7. Is subject to current prosecution or pending charges or a conviction that is under appeal for any of the offenses included in this subsection.  At the request of an applicant for an original license, the department may defer decision on the application during the pendency of the prosecution or appeal.

8. Has had a gaming license issued by any jurisdiction in the United States revoked or denied.

9. Demonstrates a wilful disregard for compliance with gaming regulatory authority in any jurisdiction, including suspension, revocation or denial of an application for a license or forfeiture of a license.

10. Has pursued or is pursuing economic gain in an occupational manner or context in violation of the criminal laws of any state if the pursuit creates probable cause to believe that the person's participation in gaming or related activities would be detrimental to the proper operation of authorized gaming or a related activity in this state.

11. Is a career offender or a member of a career offender organization or an associate of a career offender or career offender organization thereby establishing probable cause to believe that the association is of such a nature as to be detrimental to the proper operation of authorized gaming or related activities in this state.

12. Is a person whose prior activities, criminal record, if any, habits and associations pose a threat to the public interest of this state or to the effective regulation and control of fantasy sports contests, or creates or enhances the dangers of unsuitable, unfair or illegal practices, methods and activities in the conduct of fantasy sports contests, or the carrying on of the business and financial arrangements incidental thereto.

13. Fails to provide any information requested by the department within seven days of the request for the information.

B. The department, pursuant to the laws of this state, may summarily suspend a license issued pursuant to this chapter if the continued licensure of a person constitutes an immediate threat to the public health, safety or welfare.

C. Any applicant for licensure agrees by making such application to be subject to state jurisdiction to the extent necessary to determine the applicant's qualification to hold such license, including all necessary administrative procedures, hearings and appeals pursuant to title 41, chapter 6 and the department's rules.

D. An applicant for licensure may not withdraw an application without the department's written permission. The department may not unreasonably withhold permission to withdraw an application.

E. For the purposes of this section:

1. "Career offender" means any individual who behaves in an occupational manner or context for the purposes of economic gain by violating federal law or the laws and public policy of this state.

2. "Career offender organization" means any group of individuals who operate together as career offenders.

3. "Occupational manner or context" means the systematic planning, administration, management or execution of an activity for financial gain.