                                 CODE OF VIRGINIA

SUBMISSION OF PREFERRED CASINO GAMING OPERATOR BY ELIGIBLE HOST CITY;
APPLICATION FOR OPERATOR&#8217;S LICENSE; PENALTY (§ 58.1-4109)

A. If a majority of those voting in a referendum held pursuant to &#xA7;
58.1-4123 vote in the affirmative, the eligible host city shall certify its
preferred casino gaming operator and submit such certification to the Department
within 30 days.

B. Any preferred casino gaming operator desiring to operate a casino gaming
establishment shall file with the Department an application for an
operator&#8217;s license. Such application shall be filed at the place
prescribed by the Department and shall be in such form and contain such
information as prescribed by the Department, including but not limited to the
following:

   1. The name and address of such person; if a corporation, the state of its
   incorporation, the full name and address of each officer and director thereof,
   and, if a foreign corporation, whether it is qualified to do business in the
   Commonwealth; if a partnership or joint venture, the name and address of each
   general partner thereof; if a limited liability company, the name and address
   of each manager thereof; or, if another entity, the name and address of each
   person performing duties similar to those of officers, directors, and general
   partners;

   2. The name and address of each principal and of each person who has
   contracted to become a principal of the applicant, including providing
   management services with respect to any part of gaming operations; the nature
   and cost of such principal&#8217;s interest; and the name and address of each
   person who has agreed to lend money to the applicant;

   3. Such information as the Department considers appropriate regarding the
   character, background, and responsibility of the applicant and the principals,
   officers, and directors of the applicant;

   4. A description of the casino gaming establishment in which such gaming
   operations are to be conducted, the city where such casino gaming
   establishment will be located, and the applicant&#8217;s capital investment
   plan for the site. The Board shall require such information about a casino
   gaming establishment and its location as it deems necessary and appropriate to
   determine whether it complies with the minimum standards provided in this
   chapter and whether gaming operations at such location will be in furtherance
   of the purposes of this chapter;

   5. Such information relating to the financial responsibility of the applicant,
   including the applicant&#8217;s financing plan for the casino gaming
   establishment, and the applicant&#8217;s ability to perform under its license
   as the Department considers appropriate;

   6. If any of the facilities necessary for the conduct of gaming operations are
   to be leased, the terms of such lease;

   7. Evidence of compliance by the applicant with the economic development and
   land use plans and design review criteria of the local governing body of the
   city in which the casino gaming establishment is proposed to be located,
   including certification that the project complies with all applicable land use
   ordinances pursuant to Chapter 22 (&#xA7; 15.2-2200 et seq.) of Title 15.2;

   8. Such information necessary to enable the Department to review the
   application based upon the best financial interests of the Commonwealth;

   9. Such information necessary to enable the Department to authorize
   on-premises mobile casino gaming pursuant to Article 11 (&#xA7; 58.1-4131 et
   seq.);

   10. Submission of the following: (i) a minority investment plan disclosing any
   equity interest owned by a minority individual or minority-owned business or
   the applicant&#8217;s efforts to seek equity investment from minority
   individuals or minority-owned businesses and (ii) a plan for the participation
   of minority individuals or minority-owned businesses in the applicant&#8217;s
   purchase of goods and services related to the casino gaming establishment. As
   used in the subdivision, &#8220;minority individual&#8221; and
   &#8220;minority-owned business&#8221; mean the same as those terms are defined
   in &#xA7; 2.2-1604; and

   11. Any other information that the Department in its discretion considers
   appropriate.

C. A nonrefundable application fee of $50,000 shall be paid for each principal
at the time of filing to defray the costs associated with the background
investigation conducted for the Department. If the reasonable costs of the
investigation exceed the application fee, the applicant shall pay the additional
amount to the Department. The Board may establish regulations calculating the
reasonable costs to the Department in performing its functions under this
chapter and allocating such costs to the applicants for licensure at the time of
filing.

D. Any license application from an Indian tribe as described in subsection D of
&#xA7; 58.1-4107 shall certify that the material terms of the relevant
development agreements between the Indian tribe and any development partner have
been determined in the opinion of the Office of General Counsel of the National
Indian Gaming Commission after review not to deprive the Indian tribe of the
sole proprietor interest in the gaming operations for purposes of federal Indian
gaming law.

E. Any application filed hereunder shall be verified by the oath or affirmation
of the applicant. Any person who knowingly makes a false statement on an
application is guilty of a Class 4 felony.

F. The licensed operator shall be the person primarily responsible for the
gaming operations under its license and compliance of such operations with the
provisions of this chapter.

G. The Department may use or rely on any application, supporting documentation,
or information submitted pursuant to &#xA7; 58.1-4032, in reviewing and
verifying an application submitted pursuant to this chapter.

HISTORY: 2020, cc. 1197, 1248; 2021, Sp. Sess. I, c. 7.