License Applications (formerly Racing & Athletics Regulation 8) (230-RICR-30-30-2)
This Regulation is promulgated in accordance with R.I. Gen. Laws §§ 41-4-1 et seq., 41-7-10 et seq., 42-14-14, 41-1-1, 42-14-17, and 42-35-1 et seq.
The purpose of this Regulation is to establish standards and procedures for the issuance of licenses to all employees, non-employees, concessionaires, vendors, at any Gaming Facility, as well as any other non-employees at any Gaming Facility who have access to any area of the Gaming Facility. Additional purposes of this Regulation include ensuring the safety, security, and integrity of Gaming Facilities, and to generally assist the Department in carrying out the administration and enforcement of the applicable terms and provisions of the statutes listed in § 2.1 of this Part so that the public interest may effectively be served.
A. As used in this Regulation:
1. "Applicant" means a Person filing an application or a renewal application for a license.
2. "Application" means any of the applications referred to in this Part and available on the Department’s website.
3. "Concessionaire" means any Person operating a concession at any Gaming Facility.
4. "Department" means the Department of Business Regulation.
5. "Director" means the Director of the Department.
6. "Gaming Facility" means any building, enclosure, or premises at which pari-mutuel, simulcast, slot operations, and/or table games are conducted.
7. "Key Employee" means any individual employed at a Gaming Facility in a supervisory capacity, any individual empowered to make decisions concerning the operation of a Gaming Facility, and any individual with an ownership interest in a Gaming Facility. This includes all individuals involved in the management of the Gaming Facility.
8. "License" means that license issued by the Department to any Person employed at a Gaming Facility, or any Person engaged in Concessionaire or Vendor operations at a Gaming Facility.
9. "Licensee" means a Person holding a License.
10. "Non-employee" means any individual employed by a Licensed Vendor rather than by the Gaming Facility, or any individual employed by a construction contractor with access to any area of a Gaming Facility.
11. "Operations Employee" means any individual, other than management, employed by a Gaming Facility to handle money used in the pari-mutuel, simulcast, slot operations, and/or table games at the facility.
12. "Person" means any individual, partnership, corporation, limited liability company, sole proprietorship, or any other legal entity, however formed.
13. "Service Employee" means any individual employed by a Gaming Facility, other than management personnel and those involved pari-mutuel, simulcast, slot operations, and/or table games.
14. "Vendor" means any Person engaged in a vending operation at any Gaming Facility
A. License Required - No Person shall engage in any business operation or other activity which requires presence at any Gaming Facility (other than patrons of the Gaming Facility), and no Person shall be employed at any Gaming Facility, without first obtaining a License from the Department.
B. Types of Licenses Issued and Renewal Requirements Pursuant to this Regulation.
1. Operations Employee License — All individuals employed in the simulcast operation of the Gaming Facility are required to hold an Operations Employee License.
2. Service Employee License— All Service Employees, as defined above, employed by a Gaming Facility are required to hold a Service Employee License.
3. Vendor License — All Persons operating a concession or vending operation at a Gaming Facility are required to hold a Vendor License.
4. All Operations, Key, and Service Employee Licensees must use the appropriate Application to renew their respective existing Licenses and after submitting the respective initial Application for each different type of License.
5. Non-Facility/Vendor Employee License— All individuals working on the premises of (but not employed by) a Gaming Facility are required to hold a Non-Facility/Vendor Employee License.
6. Key Personnel License — All individuals employed in a supervisory capacity, or who are empowered to make decisions concerning the operation of the Gaming Facility, are required to hold a Key Personnel License.
2.5 Application for License
Every Person seeking a License shall file a written Application with the Director on the appropriate form available on the Department’s website or by contacting the Department. The term of each License shall be for three (3) years.
2.6 Confidentiality of Application Information
All personal financial information received by the Department from said Applicants shall be deemed not public under the terms and provisions of R.I. Gen. Laws § 38-2-1 et seq. and will not be disclosed unless said Applicant is notified and either agrees to said disclosure or the Rhode Island Superior Court orders said disclosure after consideration of all issues in each context. Said Applications are required to be delivered by Applicants in a sealed envelope to the Department via hand-delivery to the Department's offices at the Gaming Facility or by first class mail to the Department's office.
If any provision of this Regulation or the Application thereof to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality shall not affect other provisions or Applications of this Regulation which can be given effect without the invalid or unconstitutional provision or Application, and to this end the provisions of this Regulation are severable.
|Title||230||Department of Business Regulation (includes the Office of the Health Insurance Commissioner)|
|Subchapter||30||Gaming and Athletics|
|Part||2||License Applications (formerly Racing & Athletics Regulation 8) (230-RICR-30-30-2)|
|Type of Filing||Direct Final Amendment|
Regulation Authority :
R.I. Gen. Laws §§ 41-4-1 et seq., 41-7-10 et seq., 42-14-14, 41- 1-1, and 42-14-17.
Purpose and Reason :
As part of the reformatting process for incorporation into the RICR, the Department is proposing the following amendments: 1. Add additional sources of statutory authority to the “Authority” and “Purpose” sections of the Regulation; 2. Remove references to Dog Racing and related license and registration types in this Regulation because Dog Racing was eliminated by statute; 3. Where gaming activity is referenced as pari-mutuel, simulcast, and slot operations, add “table games” to cover that gaming activity where authorized; 4. Change reference from one-year license term to three-year license term, to be consistent with practice since the license term was extended by statute in 2007; 5. Remove definitions of terms not used in the Regulation, as revised; 6. Remove reference to an old Department office address; and 7. Remove references to Applications being in the Appendices of the Regulation and deleting the Appendices. All Applications are available on Department’s website or by contacting the Department. The Department does not expect these proposed amendments to be controversial. No objections were received. Date signed by agency head: October 16, 2017