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(1) Before conducting business in the state, a distributor shall obtain a license from the department. An applicant for a license shall submit to the department:

(a) a distributor's license application, Forms 17 and FD-258 are available 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 for all applicants as described in ARM 23.16.102;

(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; and

(e) a check or money order for $2,000 made payable to the State Treasurer, which includes payment for the:

(i) $1,000 annual license fee; and

(ii) $1,000 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 fees provided for in (1)(e) if the applicant is licensed as a manufacturer, manufacturer of illegal devices, or route operator and if the applicant is substantially the same and has no strangers to the license.

History: 23-5-112, 23-5-115, MCA; IMP, 23-5-115, 23-5-128, 23-5-176, MCA; NEW, 1993 MAR p. 3025, Eff. 11/25/93; NEW, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 1998 MAR p. 1176, Eff. 5/1/98; AMD, 2002 MAR p. 902, Eff. 4/1/02; AMD, 2003 MAR p. 1989, Eff. 9/12/03; AMD, 2005 MAR p. 2333, Eff. 11/24/05; AMD, 2007 MAR p. 2010, Eff. 12/7/07; AMD, 2009 MAR p. 1260, Eff. 7/31/09; AMD, 2013 MAR p. 1606, Eff. 9/6/13.

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