2005 Idaho Code - 67-7712 — LICENSE FEES -- SUSPENSION OR REVOCATION

                                  TITLE  67
                      STATE GOVERNMENT AND STATE AFFAIRS
                                  CHAPTER 77
                              BINGO AND RAFFLES
    67-7712.  LICENSE FEES -- SUSPENSION OR REVOCATION. (1) Each organization
that applies to the state lottery for a license pursuant to this chapter shall
pay annually to the state lottery a nonrefundable license fee which shall be
due upon submission of the application. License fees shall be based on the
organization's gross revenues from bingo or raffle operations as required to
be reported by statute or rule of the commission. Organizations with gross
revenues of twenty-five thousand dollars ($25,000) or less shall pay a fee of
one hundred dollars ($100).  Organizations with gross revenues of twenty-five
thousand dollars ($25,000) to seventy-five thousand dollars ($75,000) shall
pay a fee of two hundred dollars ($200). Organizations with gross revenues
exceeding seventy-five thousand dollars ($75,000) shall pay a fee of three
hundred dollars ($300). New organizations with no history of gross revenues
shall pay a fee of one hundred dollars ($100), and the gross revenues
indicated in the organization's first annual report shall determine the
license renewal fee.
    (2)  Any license issued pursuant to this chapter shall be suspended or
revoked by the state lottery if it is found that the licensee or any person
connected with the licensee has violated any provision of this chapter or any
rule of the lottery commission or ordinance of a county adopted pursuant to
this chapter or:
    (a)  Has continued to operate bingo sessions or games after losing its tax
    exempt or nonprofit status or ceases to exercise independent control over
    its activities or budget as required under the provisions of this chapter;
    (b)  Has violated or has failed or refused to comply with the provisions
    of this chapter, or has violated the provisions of a rule of the lottery
    commission or has allowed such a violation to occur upon premises over
    which the licensee has substantial control;
    (c)  Has knowingly caused, aided or abetted, or conspired with another to
    cause, any person to fail or refuse to comply with the provisions,
    requirements, conditions, limitation or duties imposed in this chapter, or
    to fail or refuse to comply with a rule adopted by the state lottery
    commission;
    (d)  Has obtained a license or permit by fraud, misrepresentation or
    concealment, or through inadvertence or mistake;
    (e)  Has been convicted, forfeited bond, or has been granted a withheld
    judgment, upon a charge involving forgery, theft, willful failure to make
    required payments or reports to a governmental agency at any level, or
    filing false reports to a governmental agency, or any similar offense or
    offenses, or of bribing or otherwise unlawfully influencing a public
    official or employee of any state or the United States, or of any crime,
    whether a felony or misdemeanor, involving gambling activity, physical
    injury to individuals or moral turpitude;
    (f)  Denies the state lottery access to any place where a licensed game is
    conducted, denies access to any law enforcement officer, or fails promptly
    to produce for inspection or audit any records or items as required by
    law;
    (g)  Fails to have the license available for verification where the
    licensed game is conducted;
    (h)  Misrepresents or fails to disclose to the state lottery or any
    investigating law enforcement officer any material fact;
    (i)  Fails to demonstrate to the state lottery by clear and convincing
    evidence, qualifications for the license according to state law and the
    rules of the state lottery establishing such qualifications;
    (j)  Is subject to current prosecution or pending charges, or to a
    conviction regardless of whether it has been appealed, for any offense
    described in paragraph (e) of this subsection. At the request of an
    applicant for an original license, the state lottery may defer decision
    upon the application during the pendency of the prosecution or appeal;
    (k)  Has pursued or is pursuing economic gain in a manner or context which
    violates criminal or civil public policy of this state and creates a
    reasonable belief that the participation of the person in gaming
    operations by charitable or nonprofit organizations would be harmful to
    the proper operation of a lawful bingo or raffle.
    (3)  The state lottery may, upon its own motion or upon a written verified
complaint of any other person, investigate the operation of any gaming
purportedly authorized in this chapter. If the state lottery has reasonable
cause to believe that any gaming as described in this chapter violates any of
the provisions of this chapter or rules promulgated pursuant to this chapter,
it may, in its discretion revoke, cancel, rescind or suspend any license for a
period not to exceed one (1) year, or it may refuse to grant a renewal of the
license or it may take other action as may be appropriate under this act and
any rules promulgated pursuant to this act. If the state lottery shall refuse
to grant a license or refuse to grant a renewal of a license or revoke,
cancel, rescind or suspend a license, it shall give the applicant or licensee
fifteen (15) calendar days' written notice of its intended action stating
generally the basis for its action. Within the fifteen (15) calendar day
notice period, the applicant or licensee shall indicate its acceptance of the
decision of the state lottery or shall request a hearing to be held in the
same manner as hearings in contested cases pursuant to chapter 52, title 67,
Idaho Code. The hearing shall be conducted within twenty-one (21) days of the
request. The applicant or licensee may appeal the decision of the state
lottery after the hearing within the same time and manner as provided for
judicial review of actions pursuant to chapter 52, title 67, Idaho Code.
Failure to make the request for a hearing as provided herein, shall render the
decision of the state lottery final and not subject to further appeal.