N.D. Admin. Code 69.5-01-11-02

Current through Supplement No. 395, January, 2025
Section 69.5-01-11-02 - General licensing requirements
1. Any site operator, service provider, or totalizator company must be licensed by the commission and approved by the attorney general. Totalizator companies contracting for service within the state and their employees whose principal work address is within the state must be licensed by the commission. Other vendors and their employees may be required to be licensed at the discretion of the commission. Application for a license must include the license fee as prescribed by the commission. Applications for licenses must be in such form as may be prescribed by the commission and must contain such information or other material or evidence as the commission may require. All licenses must be for a period of one year commencing January first and ending December thirty-first of each calendar year. The initial license fee for a service provider is seven thousand five hundred dollars, for a site operator is one thousand dollars, and for a totalizator company is two thousand five hundred dollars. A service provider is required to pay an additional license fee in accordance with section 69.5-01-05-02.1 when offering the mad scramble pool.
2. The application for renewal of a license must be made to the commission by such date as may be prescribed by the commission. If the commission has not specifically set application dates for renewal of the class of license, application must be made no later than thirty days prior to the date of expiration of the license. Application for renewal of license must be made in such form as may be prescribed by the commission. Application for license renewal must include the license fee for a service provider, two thousand five hundred dollars; site operator, two hundred fifty dollars; and totalizator company, one thousand five hundred dollars.
3. Approval or disapproval of an application for site operator, service provider, or totalizator company license must include consideration by the commission of the following:
a. The applicant's general benefit to the state of North Dakota.
b. The applicant's general benefit to the state's horse racing industry.
c. The applicant's integrity.
(1) Individual and corporate conduct and reputation.
(2) Criminal history.
(3) Betting and gaming industry conduct and reputation.
d. The applicant's credibility.
(1) The feasibility of the applicant's business plan.
(2) Experience and expertise of the applicant in the industry.
e. Financial stability.
4. A service provider cannot operate without an executed contract with a site operator.
5. The commission may require licensing of any entity or person contracting with or providing services or commodities to any site operator, service provider, or employee licensed by the commission.

N.D. Admin Code 69.5-01-11-02

Effective March 1, 1990; amended effective August 1, 2007; July 1, 2011; October 1, 2012.
Amended by Administrative Rules Supplement 2016-360, April 2016, effective 4/1/2016.

General Authority: NDCC 53-06.2-05

Law Implemented: NDCC 53-06.2-05, 53-06.2-06, 53-06.2-07, 53-06.2-08, 53-06.2-10.1, 53-06.2-14