3770:2-5-02 Technology providers licenses; application.

(A) Application for a technology provider license. A video lottery terminal manufacturer, distributor or provider application for a technology provider license shall be submitted in accordance with procedures and/or conditions set by the director and shall be made on a form approved by the director. At a minimum, and without limitation, an application for a technology provider license shall include the following requirements which a video lottery terminal manufacturer, distributor, or provider must provide at the time of submission of the application or agree to comply with should a technology provider license be issued.

(1) An applicant must submit its legal name, form of entity, the names, addresses, employer identification numbers or social security numbers (if applicable) and dates of birth (as applicable) of its video lottery principals. Disclosure of any criminal charges or convictions of all individuals or entities whose names must be provided must also be included in the application;

(2) An applicant must submit to the commission an application fee in the amount set forth in rules promulgated by the commission under division 3770:2-11 of the Administrative Code;

(3) An applicant must submit proof that it is registered to do business in Ohio, and shall provide the name and contact information for the principal contact for its business in Ohio;

(4) For the period of time established or required by the director, a technology provider applicant must provide a listing of any and all gaming licenses, registrations or certifications obtained by the applicant, including the type of license, registration, or certification, date of issuance, date of suspension, termination, expiration or cancellation, if suspended, terminated, expired or cancelled, and the reason for suspension, termination, expiration or cancellation, and the date of assessment, imposition or payment of any penalties or fines;

(5) If and as required by the director, an applicant must agree to submit to a full background check and review of the applicant or its video lottery principals, or any other persons affiliated with the applicant or licensee who the director determines should be required to submit to a background check. Individual licenses may be required of persons affiliated with the applicant or licensee who the director determines should be required to hold an individual license. Individual licenses would be required to be obtained in accordance with applicable provisions of the Administrative Code;

(6) If required by the director, an applicant must submit a signed indemnification agreement in a form approved by the director;

(7) Prior to operation of video lottery terminals, video lottery games and/or associated equipment, the applicant must agree that the video lottery terminals, video lottery games and/or associated equipment will have obtained the required certifications and/or tests from an independent test lab that is licensed and included on the then current list of Ohio lottery commission licensed independent test labs;

(8) An applicant must agree that, it will provide test video lottery terminals and video lottery games to the video lottery central monitoring system provider with no additional costs to the lottery; and

(9) A video lottery applicant must agree to allow the lottery and its designated agents access to its hardware and software, facilities and records for audits authorized under section 3770.06 of the Revised Code and for any other purposes deemed necessary by the director.

(B) Amendments by the applicant prior to issuance. All information required to be submitted as part of an application for a technology provider license pursuant to Chapter 3770:2-5 of the Administrative Code must be updated or supplemented if updates or changes occur prior to issuance of a license. In the event that updated or supplemental information is required by or received by the lottery, the director maintains discretion to suspend, revoke or reconsider an application or otherwise modify the conditions of the issuance of a license. In the event that the director takes action in connection with any updated or supplemental information received by the lottery, the director will adhere to required notices and procedures regarding any suspensions, revocation, reconsideration or modification of an application or the issuance of a license.

Effective: 12/29/2011
R.C. 119.032 review dates: 12/29/2016
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.03 , 3770.21