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.
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