Ga. Comp. R. & Regs. R. 92-2-.13 - Licensing Qualifications

(1) When contrary to the public interest and welfare, no bingo license shall be issued by the Director to:

(a) Any organization as determined by the Director by reason of the organizations' business experience, financial standing, trade association, reputation in any community, membership, employees, or officers, record of arrests of members, employees, or officers that is not likely to maintain the operation of bingo games in conformity with Federal, State or local laws.

(b) Any organization having paid employees, officers, or members who have substantial control over the organization or Bingo operation who have been convicted, pled nolo contendere to, or pled guilty to any felony or any other crime involving moral turpitude; provided, that the Director may, in his discretion, but only after a background check which shall include an inquiry with the Sheriff or Chief of Police of the appropriate place of residence and proposed place of the Bingo operation waive this prohibition with respect to any paid employees, officers, or members who have substantial control over the organization or Bingo operation who have been convicted of, pled nolo contendere to, or pled guilty to any felony or any other crime involving moral turpitude whose conviction became final 15 or more years prior to submission of the application, or who have been convicted of, pled nolo contendere to, or pled guilty to any misdemeanor other than traffic offenses who conviction became final five or more years prior to submission of the application, or if 10 or more years have passed subsequent to the expiration of the sentence in the event said individual has been pardoned by the State Board of Pardons and Paroles.

1. On any occasion when an exemption is made by the Director he shall notify the Sheriff or Chief of Police of the applicant's place of residence and place of the Bingo operation upon the granting of said license.

2. At the first meeting of each year of the Board of Public Safety the Director shall advise the Board of Public Safety of any exceptions granted in the previous year under said rule and of any licenses revoked of any Bingo operation in the previous year.

3. The Director may, at this discretion and for any cause he deems appropriate, revoke said exception granted under this rule at any time.

4. Any challenge to the Director's revocation of said exception may be appealed to the Board of Public Safety by written request within 10 days of said revocation.

(c) Any organization having paid employees or officers or having members who have substantial control over the organization or bingo operation, who have been convicted of; pled nolo contendere to, or pled guilty to a crime not involving moral turpitude, other than minor traffic offenses within five (5) years next preceding the filing of application of such license.

(d) Any organization having paid employees or offices or having members who have substantial control over the organization or bingo operation, who have been convicted of, or pled nolo contendere to, or pled guilty to a misdemeanor under any Federal, State or local law, particularly, but not limited to, those involving alcoholic beverages, gambling, or tax law violations, if such conviction or plea of nolo contendere or plea of guilty tends to indicate that the applicant will not maintain the operation for which a license is sought in conformity with Federal, State or local laws.

(2) The Director may decline to issue a State license to an organization for the operation of nonprofit bingo games when any person having any interest in the operation, or interest in the control over the premises or facility where the nonprofit games are to be played does not meet the qualifications set forth herein.

(3) If the Director has reason to believe that the applicant is not entitled to the license for which it has applied, he shall notify the applicant thereof, and upon request by the applicant, afford it due notice and opportunity for hearing on the application. If the Director, after affording such notice and opportunity for hearing, finds the applicant is not entitled to a license hereunder, the applicant shall be advised in writing of the findings upon which denial is based.

(4) The Director may, after due notice and opportunity for hearing, suspend, or revoke the license of any organization which does not meet or continue to meet the requirements herein set forth at any time such knowledge is acquired by the Director.

Notes

Ga. Comp. R. & Regs. R. 92-2-.13

O.C.G.A., Title 16, Chapter 12, Article 2, Part 2; Sec. 16-12-61.

Original Rule entitled "Residency Requirements" was filed as Emergency Rule 92-2-0.2 -13 on April 9, 1980; effective April 9, 1980 to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency. Amended: Emergency Rule 92-2-0.2-.13 repealed and permanent Rule entitled "Residency Requirements" adopted. Filed June 11, 1980; effective July 1, 1980. Amended: Rule repealed and a new Rule entitled "Licensing Qualifications" adopted. Filed December 8, 1983; effective December 28, 1983. Amended: F. Apr. 2, 1992; eff. Apr. 29, 1992, as specified by the Agency.