KRS 238.525: Licensing requirements -- Background check -- 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 licensing and 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 t o 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, 238.535, 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 reason ably 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.

(4) The criminal history background check shall apply to:

(a) The chief executive officer and the chief financial officer or director of an

applicant;

(b) Any employee or member of an applicant who has been designated as

chairperson of the charitable gaming activity;

(c) The applicant itself;

(d) Any individual with a ten percent (10%) or more financial interest in the

applicant; and

(e) Any other person associated with the applicant the corporation determines

necessary to ensure the general fitness of the applicant to perform the activity

permitted by the license.

(5) (a) 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.

(b) The office may charge a reasonable fee not to exceed the actual cost of

fingerprinting and records searching.

(6) No applicant shall be licensed and no license holder shall be able to maintain a

license if an individual associated with the applicant or lic ense holder in a capacity

listed in subsection (4) of this section, or an individual required by the corporation

to undergo a background check pursuant to subsections (3) and (4) 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), any crime where dishonesty is a necessary element, any crime of moral

turpitude, or any two (2) 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.

(7) No applicant shall be licensed unless all applicants required to be fingerprinted

under subsections (3) and (4) 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.

(8) If a change occurs in any information submitted during the license application

process, the applicant or licensee shall n otify the office in writing within thirty (30)

days of the date the change occurred.