Section 3000.222  Identification and Requirements of Key Persons

a)         The Board shall certify for each applicant for or holder of an Owner's or Supplier's license each position, individual or Business Entity that is to be approved by the Board and maintain suitability as a Key Person of the licensee.

b)         Supplier Key Persons.  With respect to an applicant for or holder of a Supplier's license, Key Person shall include:

1)         The Chief Executive Officer and the Chief Operating Officer, or their functional equivalents, and each individual or Business Entity that is a Substantial Owner.

2)         Each individual or Business Entity that is a Substantial Owner of any Business Entity that is a Substantial Owner of the Illinois applicant or licensee.

3)         All other individuals or Business Entities that, upon review of the applicant's or licensee's Table of Organization, Ownership and Control submitted under Section 3000.223, the Board determines hold a position or a level of ownership, control or influence that is material to the regulatory concerns and obligations of the Board for the specified licensee or applicant.

c)         Owner Licensee Key Persons.  With respect to an applicant for or the holder of an Owner's license, Key Person shall include:

1)         Any Business Entity and any individual with an ownership interest or voting rights of more than 5 percent in the licensee or applicant, and the trustee of any trust holding such ownership interest or voting rights.

2)         The directors of the licensee or applicant and its chief executive officer, president and chief operating officer, or their functional equivalents.

3)         A Gaming Operations Manager or any other business entity or individual who has influence and/or control over the conduct of gaming or the Riverboat Gaming Operation.

4)         All other individuals or Business Entities that, upon review of the applicant's or licensee's Table of Organization, Ownership and Control submitted under Section 3000.223, the Board determines hold a position or a level of ownership, control or influence that is material to the regulatory concerns and obligations of the Board for the specified licensee or applicant.

d)         Level 1 Occupational Licensees.  Individuals required to apply for and hold a Level 1 Occupational license, pursuant to Section 3000.200(c), may also be certified by the Board as Key Persons.  For such individuals, the disclosure and approval requirements and the standards for compliance with this Part shall be those related to occupational licensure.

1)         An individual denied occupational licensure or whose license is revoked by a final determination of the Board is unsuitable and shall not be allowed to function as a Key Person of any applicant or licensee.

2)         An individual who, by voluntary action, relinquishes status as a Level 1 Occupational licensee and remains or becomes a Key Person shall be required to comply with all requirements imposed by the Board and this Part upon Key Persons.

e)         Each individual or Business Entity designated as a Key Person shall:

1)         File a Business Entity Form or Personal Disclosure Form 1 or its equivalent.

2)         File, on an annual basis, a disclosure affidavit, updated personal and background information, and updated tax and financial documents and information.

3)         Comply with the applicable provisions of this Part and disclose promptly to the Board any material changes in status or information previously provided to the Board.

4)         As required, cooperate fully with any investigation conducted by the Board.

5)         Maintain suitability as a Key Person.

6)         Be subject to a fine for each act or omission that is grounds for discipline of a licensee under the provisions of Section 3000.110.

(Source:  Amended at 34 Ill. Reg. 15386, effective September 23, 2010)