23-5-176. Qualifications for licensure. (1) A person who the department determines is qualified to receive a license under the provisions of this chapter may, based on information available to, required by, or supplied to the department under department rules, be issued a state gambling license.
(2) Except as provided in subsection (4), the department shall issue a license unless the department can demonstrate that the applicant:
(a) is a person whose prior financial or other activities or criminal record:
(i) poses a threat to the public interest of the state;
(ii) poses a threat to the effective regulation and control of gambling; or
(iii) creates a danger of illegal practices, methods, or activities in the conduct of gambling or in the carrying on of the business and financial arrangements incidental to gambling;
(b) has been convicted of a felony offense within 5 years of the date of application or is on probation or parole or under deferred prosecution for committing a felony offense; or
(c) is receiving a substantial amount of financing for the proposed operation from an unsuitable source. A lender or other source of money or credit that the department finds to meet the provisions of subsection (2)(a) may be considered an unsuitable source.
(3) The provisions of 37-1-203 and 37-1-205 do not apply to licensing determinations made under this section.
(4) The department may deny a license or permit to an applicant who has falsified a license or permit application. If the falsification is determined after the license or permit has been issued, the department may revoke the license or permit.
History: En. Sec. 10, Ch. 642, L. 1989; amd. Sec. 33, Ch. 647, L. 1991.
Structure Montana Code Annotated
Title 23. Parks, Recreation, Sports, and Gambling
Part 1. General Provisions, Proceedings, and Penalties
23-5-110. Public policy of state concerning gambling
23-5-111. Construction and application
23-5-113. Department as criminal justice agency
23-5-114. Department employees -- activities prohibited
23-5-115. Powers and duties of department -- licensing
23-5-116. Disclosure of information
23-5-118. Transfer of ownership interest -- definitions
23-5-119. Appropriate alcoholic beverage license for certain gambling activities
23-5-123. Disposal of fines and penalties for violation of gambling laws
23-5-128. Distributor's license -- fees
23-5-129. Route operator's license -- fees
23-5-130. Allowable compensation for route operator
23-5-131. Losses at illegal gambling may be recovered in civil action
23-5-135. Discharge of defendant
23-5-136. Injunction and other remedies
23-5-138. Evidence in administrative proceedings
23-5-139. and 23-5-140 reserved
23-5-145. through 23-5-150 reserved
23-5-153. Possession and sale of antique gambling devices
23-5-154. Soliciting participation in illegal gambling activity prohibited
23-5-155. Counterfeiting or defacing documents -- penalty
23-5-157. Gambling on cash basis -- penalties
23-5-158. Minors not to participate -- penalty -- exception
23-5-159. Illegal sale, assignment, lease, or transfer of license -- penalty
23-5-160. Shaking dice for drink or music or in shake-a-day game
23-5-161. Criminal liabilities -- misdemeanor
23-5-162. Criminal liabilities -- felony
23-5-164. Payroll checks -- promotional activities prohibited
23-5-165. Fishing derbies and wagering on natural occurrences
23-5-166. through 23-5-170 reserved
23-5-171. Authority of local governments to regulate gambling
23-5-173. through 23-5-175 reserved
23-5-176. Qualifications for licensure
23-5-177. Operator of gambling establishment -- license -- fee
23-5-178. Associated gambling business
23-5-180. Property subject to forfeiture
23-5-181. Petition -- summons -- service -- answer
23-5-182. Effect of failure to answer -- hearing date following answer
23-5-183. Rebuttable presumption of forfeiture -- rebuttal of presumption