Resolution #1998-08 (Adopted 7/21/98) - Need for Statement of Intent prior to processing Supplier License applicationRESOLUTION NO. 1998-08 (Adopted 7/21/98)
A Board Resolution Regarding the Need for an Agreement or a Statement Of Intent From a Casino Licensee, Casino License Applicant, or Holder of Certificate of Suitability Prior to Processing a Supplier License Application.
WHEREAS, the Michigan Gaming Control Board ("the Board") is empowered by the Michigan Gaming Control and Revenue Act, as amended, Public Act 69 of 1997; MCL 432.201 et seq. ("the Act") to promulgate rules as may be necessary to implement, administer, and enforce the Act; and,
WHEREAS, the Board has adopted and promulgated administrative rules with respect to the licensing of persons providing goods and services to a casino licensee, casino license applicant or holder of certificate of suitability; and,
WHEREAS, the Board has adopted and promulgated Rule 432.1324 (2)(n), which provides that the Board shall not process an application for a supplier's license unless the person making the application has a written agreement with, or written statement of intent from, a casino licensee, casino license applicant, or holder of a certificate of suitability providing or stating that the applicant will be supplying certain types of goods and services to the casino licensee, casino license applicant, or holder of a certificate of suitability upon receiving a supplier license; and,
WHEREAS, the applicants and prospective providers of goods and services have inquired as to the Board's interpretation of the above rule provision; and,
WHEREAS, the Board, accordingly, believes it is necessary and appropriate to clarify the meaning and application of the above rule; NOW THEREFORE,
Rule 432.1324 (2)(n) does not require that an applicant for a supplier license have or present to the Board a written contract or agreement to provide goods or services to a certain casino licensee, casino license applicant or holder of certificate of suitability, before the Board may process the applicant's application for a supplier license.
It shall be and is sufficient under Rule 432.1324 (2)(n) for the Board to process an application for a supplier license, if the applicant has and presents to the Board along with its license application a written statement from a casino licensee, casino license applicant or holder of a certificate of suitability stating that the supplier license applicant has been selected as a potential supplier of goods or services to the casino licensee, casino license applicant or holder of a certificate of suitability for its casino or casino enterprise, subject to certain contingencies, including, but not limited to: obtaining a supplier license in timely fashion; final selection in a bid selection process; good faith negotiation and execution of a supplier contract; full compliance with the Act and administrative rules of the Board and all other applicable state and federal laws, rules and regulations; full compliance with directives, orders and rulings of the Board; and compliance with the certified casino development agreement.
- The Executive Director or his or her designee shall have full authority to determine whether the written statement presented by an applicant for a supplier license is in compliance with Rule 432.1324(2)(n) and is sufficient to allow the Board to process the applicant's application for a supplier license.