Ohio Code 3772.091 – Licenses not transferable; initial license; when new license required
(A) No license issued under this chapter is transferable. Except as provided in division (B) of this section, new majority ownership interest or control of a licensee shall require a new license. The commission may reopen a licensing investigation at any time. A significant change in or transfer of control, as determined by the commission, shall require the filing of an application for a new license and submission of a license fee with the commission before any such change or transfer of control is approved. A change in or transfer of control to an immediate family member is not considered a significant change under this section.
Terms Used In Ohio Code 3772.091
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Casino facility: means a casino facility as defined in Section 6(C)(9) of Article XV, Ohio Constitution. See Ohio Code 3772.01
- Casino operator: means any person, trust, corporation, partnership, limited partnership, association, limited liability company, or other business enterprise that directly or indirectly holds an ownership or leasehold interest in a casino facility. See Ohio Code 3772.01
- Commission: means the Ohio casino control commission. See Ohio Code 3772.01
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Holding company: means any corporation, firm, partnership, limited partnership, limited liability company, trust, or other form of business organization not a natural person which directly or indirectly does any of the following:
(1) Has the power or right to control a casino operator, management company, or gaming-related vendor license applicant or licensee;
(2) Holds an ownership interest of five per cent or more, as determined by the commission, in a casino operator, management company, or gaming-related vendor license applicant or licensee;
(3) Holds voting rights with the power to vote five per cent or more of the outstanding voting rights of a casino operator, management company, or gaming-related vendor applicant or licensee. See Ohio Code 3772.01
- Key employee: means any executive, employee, agent, or other individual who has the power to exercise significant influence over decisions concerning any part of the operation of a person that has applied for or holds a casino operator, management company, or gaming-related vendor license or the operation of a holding company of a person that has applied for or holds a casino operator, management company, or gaming-related vendor license, including:
(1) An officer, director, trustee, partner, or an equivalent fiduciary;
(2) An individual who holds a direct or indirect ownership interest of five per cent or more;
(3) An individual who performs the function of a principal executive officer, principal operating officer, principal accounting officer, or an equivalent officer;
(4) Any other individual the commission determines to have the power to exercise significant influence over decisions concerning any part of the operation. See Ohio Code 3772.01
- Management company: means an organization retained by a casino operator to manage a casino facility and provide services such as accounting, general administration, maintenance, recruitment, and other operational services. See Ohio Code 3772.01
(B) An initial license shall not be considered transferred, and a new license shall not be required, when an initial licensee that is licensed before June 1, 2013, does or has done both of the following:
(1) Obtains a majority ownership interest in, or a change in or transfer of control of, another initial licensee for the same casino facility; and
(2) Was investigated under this chapter as a parent, affiliate, subsidiary, key employee, or partner, or joint venturer with another initial licensee that has held for the same casino facility a majority ownership interest in or control of the initial license when the initial license was issued and when such an initial licensee obtains a majority ownership interest in or a change in or transfer of control.
(C) As used in this section:
(1) “Control” means either of the following:
(a) Either:
(i) Holding fifty per cent or more of the outstanding voting securities of a licensee; or
(ii) For an unincorporated licensee, having the right to fifty per cent or more of the profits of the licensee, or having the right in the event of dissolution to fifty per cent or more of the assets of the licensee.
(b) Having the contractual power presently to designate fifty per cent or more of the directors of a for-profit or not-for-profit corporation, or in the case of trusts described in paragraphs (c)(3) to (5) of 16 C.F.R. § 801.1, the trustees of such a trust.
(2) “Initial license” means the first plenary license issued to an initial licensee.
(3) “Initial licensee” means any of the persons issued an initial license to conduct or participate in conducting casino gaming at each casino facility as either a casino operator, a management company, or a holding company of a casino operator or management company.