Subpart 1.
Factors considered for
suspension or revocation of license or premises permit.
In negotiating the terms and length of any suspension or
revocation of a license or premises permit issued under Minnesota Statutes,
chapter 349, the compliance review group must consider the factors in part
7865.0210, subpart
2, item I, and Minnesota
Statutes, section
349.155,
subdivision 4.
Any grounds for denial of a license or premises permit are also
grounds for suspension or revocation of a license or premises permit.
Subp. 2.
Suspension or
revocation of organization license for illegal gambling.
Under Minnesota Statutes, section
349.155,
subdivision 4a, paragraph (b), the board must suspend or revoke an
organization's license if the organization's chief executive officer, gambling
manager, or one or more of its assistant gambling managers participated in or
authorized the illegal gambling prohibited by part
7861.0260, subpart
1, item H.
Subp. 3.
Suspension or revocation of
premises permit for illegal gambling.
When the board has determined that a violation of part
7861.0260, subpart
1, item H, has occurred based
on Minnesota Statutes, section
349.155,
subdivision 4a, paragraph (a), clauses (1) and (2), the board must suspend or
revoke an organization's premises permit as follows.
A. For the first violation of part
7861.0260, subpart
1, item H, at a site, the
board must suspend each premises permit for the site for up to 90 days from the
date of the board's final resolution or determination on the violation. An
organization may not pay rent for the site during the term of the suspension.
When suspending an organization's premises permit, the board must consider the
following factors:
(1) whether the
organization notified the lessor, in writing, that illegal gambling was being
conducted on the premises, giving specific information regarding the conduct of
the illegal gambling, and requesting that the lessor take appropriate
action;
(2) whether the
organization, or any of its agents, knew that the game or device that violated
part
7861.0260, subpart
1, item H, was used, or was
designed to be capable of being used, in a manner that causes illegal gambling
or violates part
7861.0260, subpart
1, item H, or Minnesota
Statutes, section
609.75;
(3) the degree to which the organization
cooperated with law enforcement authorities, the Department of Public Safety
Gambling Enforcement Division, or the board;
(4) whether the organization or any of its
agents participated in the illegal gambling; and
(5) the nature or severity of the
violation.
B. For the
second violation of part
7861.0260, subpart
1, item H, at a site, the
board must suspend each premises permit for the site for two years from the
date of the board's final resolution or determination on the violation. An
organization may not pay rent for the site during the term of the suspension.
If a complete change of ownership occurred between the first and second
violations, the second violation is considered a first violation and the board
must suspend each premises permit for the site for up to 90 days according to
item A and must prohibit any organization from paying rent during the term of
the suspension.
C. For the third
violation of part
7861.0260, subpart
1, item H, at a site, the
board must revoke each premises permit for the site for a minimum period of
five years from the date of the board's final resolution or determination on
the violation. Revocation must continue until a complete change of ownership
occurs after the third violation. No organization may obtain a premises permit
for the site during the term of the revocation. If a complete change of
ownership occurred between the second and third violations, the third violation
is considered a first violation and the board must suspend each premises permit
for the site for up to 90 days according to item A and must prohibit any
organization from paying rent for the site during the term of the suspension.
If the licensee does not enter into a consent order with the
board according to the provisions of this subpart, and part
7865.0210, subpart
2, item I, the suspension or
revocation of a premises permit is a contested case under Minnesota Statutes,
chapter 14.