238.525 Licensing requirements -- Criminal history background check --
566 words·~3 min read·
/ky/238-525A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Disqualification.
(1)Licenses shall be issued by the office on an annual basis, except as otherwise
permitted in KRS 238.530 and 238.545. A license term may be determined by the
office in any manner it deems appropriate to facilitate efficient licensing. The office
shall charge a renewal fee not to exceed the maximum amounts established in KRS
238.530, 238.535, and 238.555.
(2)The office may issue a temporary license to an applicant who has met the
requirements for a license. A temporary license shall be valid from the date of
issuance until the regular license is issued or for a period of sixty
(60)days,
whichever is shorter. A temporary license shall not be renewed, except for good
cause and shall not exceed a total of nine
(9)months in length.
(3)An applicant for any license to be issued under KRS 238.530 and 238.555 shall be
subjected to a state and national criminal history background check by the office,
with the assistance of the Department of Kentucky State Police and the Federal
Bureau of Investigation. An applicant for any license to be issued under KRS
238.535 shall be subjected to a state criminal history background check and may, if
deemed reasonably necessary, be subjected to a national criminal history
background check by the office with the assistance of the Department of Kentucky
State Police and the Federal Bureau of Investigation. The criminal history
background check shall apply to the chief executive officer and the chief financial
officer or director of an applicant; any employee or member of an applicant who
has been designated as chairperson of the charitable gaming activity; the applicant
itself; and any individual with a ten percent (10%) or more financial interest in the
applicant. The office shall require the fingerprinting of all applicants for licensure
under KRS 238.530 and 238.555 and may require, if deemed reasonably necessary,
the fingerprints of all applicants for licensure under KRS 238.535, who are natural
persons in connection with the national criminal history background check to assure
the identity of the applicant or applicants. The office may charge a reasonable fee
not to exceed the actual cost of fingerprinting and records searching.
(4)No applicant shall be licensed and no license holder shall be able to maintain a
license if an individual associated with the applicant or license holder in a capacity
listed in subsection
(3)of this section or the applicant or license holder itself has
been convicted of a felony, gambling offense, criminal fraud, forgery, theft,
falsifying business records, violation of KRS 238.995(7), or any two
misdemeanor crimes in federal court or the courts of any state, the District of
Columbia, or any territory, consistent with the provisions of KRS Chapter 335B
within ten
(10)years preceding the application for licensure.
(5)No applicant shall be licensed unless all applicants required to be fingerprinted
under the provision of subsection
(3)of this section have been fingerprinted. The
Department of Kentucky State Police may submit fingerprints of any applicant to
the Federal Bureau of Investigation for the national criminal history background
check. The corporation may by administrative regulation impose additional
qualifications to meet the requirements of Pub. L. No. 92-544.
(6)If a change occurs in any information submitted during the license application process, the applicant or licensee shall notify the office in writing within thirty
(30)days of the date the change occurred.