(1) Before conducting business in this state, a sports tab game seller shall obtain a sports tab game seller license from the department. An applicant for a license shall submit to the department:
(a) a sports tab game seller license application. Form FD-258 is available upon request from the Gambling Control Division, 2550 Prospect Ave., P.O. Box 201424, Helena, MT 59620-1424, or on the department's web site www.dojmt.gov/gaming;
(b) Form 10 as described in ARM 23.16.102, available upon request from the Gambling Control Division, 2550 Prospect Ave., P.O. Box 201424, Helena, MT 59620-1424, or on the department's web site www.dojmt.gov/gaming;
(c) a complete set of fingerprints, on Form FD-258 provided by the department, obtained and certified by a local law enforcement agency, the department, or a private security company approved by the department for each person required to complete a personal history statement;
(d) financial statements for the applicant's business as described in ARM 23.16.502;
(e) a check or money order for $500 made payable to the state treasurer, which includes payment for the:
(i) $100 annual license fee; and
(ii) $400 processing fee to cover the actual cost of processing the license.
(2) Based on the actual cost incurred by the department in determining whether the applicant qualifies for licensure, the department shall refund any overpayment of the processing fee provided for in (1)(e)(ii) or collect an amount sufficient to reimburse the department for any underpayment of actual costs. If an applicant withdraws the application after the department has begun processing the application, the department shall refund any amount not expended as of the date of withdrawal.
(3) The department may waive the application license and processing fee provided in (1)(e)(i) and (1)(e)(ii) if the applicant is licensed as a manufacturer, distributor, or route operator and if the applicant is substantially the same and has no strangers to the license.
(4) A person licensed under this rule must comply with all laws and rules of the State of Montana and the Department of Justice.