C.R.S. Section 44-30-302
Commission

  • powers and duties
  • rules

(1)

In addition to any other powers and duties set forth in this part 3, and notwithstanding the designation of the Colorado limited gaming control commission under section 44-30-201 as a
type 2
entity, the commission nonetheless has the following powers and duties:

(a)

To promulgate the rules governing the licensing, conducting, and operating of limited gaming and sports betting as it deems necessary to carry out the purposes of this article 30. The director shall prepare and submit to the commission written recommendations concerning proposed rules for this purpose.

(b)

To conduct hearings upon complaints charging violations of this article 30 or rules promulgated pursuant to this article 30, and to conduct any other hearings as may be required by rules of the commission;

(c)

To enter into agreements with the Colorado bureau of investigation and state and local law enforcement agencies for the conduct of investigation, identification, or registration, or any combination thereof, of licensed operators and employees in licensed premises or in premises containing licensed premises in accordance with the provisions of this article 30, which conduct shall include, but not be limited to, performing background investigations and criminal records checks on an applicant applying for licensure pursuant to the provisions of this article 30 and investigating violations of any provision of this article 30 or of any rule promulgated by the commission pursuant to subsection (1)(a) of this section discovered as a result of the investigatory process or discovered by the department or the commission in the course of conducting its business. Nothing in this section shall prevent or impair the Colorado bureau of investigation or state or local law enforcement agencies from engaging in the activities set forth in this subsection (1)(c) on their own initiative.

(d)

To conduct a continuous study and investigation of limited gaming and sports betting throughout the state for the purpose of ascertaining any defects in this article 30 or in the rules promulgated pursuant to this article 30 in order to discover any abuses in the administration and operation of the division or any violation of this article 30 or any rule promulgated pursuant to this article 30;

(e)

To formulate and recommend changes to this article 30 or any rule promulgated pursuant to this article 30 for the purpose of preventing abuses and violations of this article 30 or any of the rules promulgated pursuant to this article 30; to guard against the use of this article 30 and the rules as a cloak for the conducting of illegal activities; and to ensure that this article 30 and the rules shall be in such form and be so administered as to serve the true purpose and intent of this article 30;

(f)

To report immediately to the governor, the attorney general, the speaker of the house of representatives, the president of the senate, the minority leaders of both houses, and any other state officers as the commission deems appropriate concerning any laws that it determines require immediate amendment to prevent abuses and violations of this article 30 or any rule promulgated pursuant to this article 30 or to remedy undesirable conditions in connection with the administration or the operation of the division, limited gaming, or sports betting;

(g)

To require any special reports from the director that it considers necessary;

(h)

To issue temporary or permanent licenses to those involved in the ownership, participation, or conduct of limited gaming or sports betting;

(i)

Upon complaint, or upon its own motion, to levy fines and to suspend or revoke, licenses that the commission has issued;

(j)

To establish and collect fees and taxes upon persons, licenses, and gaming devices used in, or participating in, limited gaming or sports betting;

(k)

To obtain all information from licensees and other persons and agencies that the commission deems necessary or desirable in the conduct of its business;

(l)

To issue subpoenas for the appearance or production of persons, records, and things in connection with applications before the commission or in connection with disciplinary or contested cases considered by the commission;

(m)

To apply for injunctive or declaratory relief to enforce the provisions of this article 30 and any rules promulgated pursuant to this article 30;

(n)

Intentionally left blank —Ed.

(I)

Except as otherwise provided in subsection (1)(n)(II) of this section, to inspect and examine without notice all premises in which limited gaming or sports betting is conducted or where devices or equipment used in those activities are located, manufactured, sold, or distributed, and to summarily seize, remove, and impound, without notice or hearing, from the premises any equipment, devices, supplies, books, or records for the purpose of examination or inspection.

(II)

Subsection (1)(n)(I) of this section does not apply to an owner, operator, employee, or customer of a simulated gambling device, or of a business offering simulated gambling devices, who:

(A)

Ceased participating in such activity on or before July 1, 2018; and

(B)

Provides clear documentation to the district attorney that a lawful contract has been entered into for the sale or transfer of all simulated gambling devices connected with the activity to a person by whom, or into a jurisdiction where, the activity is lawful; and consummates the contract by actually selling or transferring the simulated gambling devices within one hundred eighty days after the contract was entered into or after any simulated gambling devices that were seized, confiscated, or forfeited by law enforcement authorities have been returned, whichever occurs later.

(o)

To enter into contracts with any governmental entity to carry out its duties without compliance with the provisions of the “Procurement Code”, articles 101 to 112 of title 24. The contracts or formal agreements, or both, are to be based on preestablished commission criteria specifying minimum levels of cooperation and conditions for payment.

(p)

To exercise any other incidental powers as may be necessary to ensure the safe and orderly regulation of limited gaming and sports betting and the secure collection of all revenues, taxes, and license fees;

(q)

To establish internal control procedures for licensees, including accounting procedures, reporting procedures, and personnel policies;

(r)

To establish and collect fees for performing background checks on all applicants for licenses and on all persons with whom the commission or division may agree with or contract with for the providing of goods or services, as the commission deems appropriate;

(s)

To establish and collect fees for performing, or having performed, tests on equipment and devices to be used in limited gaming or sports betting;

(t)

To establish a field office in Black Hawk, Central City, or Cripple Creek, as deemed necessary by the commission;

(u)

To demand, at any time when business is being conducted, access to and inspection, examination, photocopying, and auditing of all papers, books, and records of applicants and licensees, on their premises or elsewhere as practicable and in the presence of the licensee or the licensee’s agent, pertaining to the gross income produced by any establishment or activity licensed under this article 30; to require verification of income and all other matters affecting the enforcement of the policies of the commission or any provision of this article 30; and to impound or remove all papers, books, and records of applicants and licensees, without hearing, for inspection or examination;
(v)
To prescribe voluntary alternative methods for the making, filing, signing, subscribing, verifying, transmitting, receiving, or storing of returns or other documents; and

(w)

To determine whether persons that are not licensed by the commission to conduct sports betting or limited gaming operations are offering to one or more members of the public, in any city, town, city and county, or county:

(I)

Unlicensed sports betting operations;

(II)

Unlicensed internet sports betting operations; or

(III)

Unlicensed establishments that allow the use of equipment or devices that qualify as slot machines or are used to play roulette or craps.

(2)

Rules promulgated pursuant to subsection (1) of this section must include, at a minimum, the following:

(a)

The types of limited gaming and sports betting activities to be conducted and the rules for those activities;

(b)

The requirements, qualifications, and grounds for the issuance, revocation, suspension, and summary suspension of all types of permanent and temporary licenses required for the conduct of limited gaming or sports betting;

(c)

Qualifications of persons to hold limited gaming or sports betting licenses;

(d)

Restrictions upon the times, places, and structures where limited gaming or sports betting are authorized;

(e)

The ongoing operation of limited gaming or sports betting activities, including the testing and approval of software or accounting systems used in connection with limited gaming or sports betting;

(f)

The scope and conditions for investigations and inspections into the conduct of limited gaming or sports betting, the background of licensees and applicants for licenses, the premises where limited gaming or sports betting are authorized, all premises where gaming devices are located, the books and records of licensees, and the sources and maintenance of limited gaming or sports betting devices and equipment;

(g)

Activities that constitute fraud, cheating, or illegal or criminal activities;

(h)

The percentage of the adjusted gross proceeds to be paid by each licensee to the commission, in addition to license fees and taxes;

(i)

The seizure without notice or hearing of gaming equipment, supplies, or books and records for the purpose of examination and inspection;

(j)

The disclosure of the complete financial interests of applicants for licenses or of licensees;

(k)

The issuance or denial of support licenses by the director;

(l)

The granting of certain licenses with special conditions or for limited periods, or both;

(m)

The establishment of procedures for determining suitability or unsuitability of persons, acts, or practices;

(n)

The payment of costs incurred in the operation and administration of the division, and the costs resulting from any contract entered into for consulting or operational services;

(o)

The payment of costs incurred by the Colorado bureau of investigation and any other agencies for investigations or background checks, which shall be paid by applicants for licenses or by licensees;

(p)

The levying of fines for violations of this article 30 or any rule promulgated pursuant to this article 30;

(q)

The amount of license fees for all types of licenses issued by the commission and the division;

(r)

The conditions and circumstances that constitute suitability of persons, locations, and equipment for gaming or sports betting;

(s)

The types and specifications of all equipment and devices used in or with limited gaming or sports betting; and

(t)

All other provisions necessary to accomplish the purposes of this article 30.

(3)

Notwithstanding any provision of this section to the contrary, sports betting is not authorized unless the voters at the November 2019 statewide election approve the ballot question submitted pursuant to section 44-30-1514, enacted in 2019 in House Bill 19-1327.

Source: Section 44-30-302 — Commission - powers and duties - rules, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-44.­pdf (accessed Oct. 20, 2023).

44‑30‑101
Short title
44‑30‑102
Legislative declaration
44‑30‑103
Definitions
44‑30‑104
Limited gaming - sports betting - authorization - regulation
44‑30‑105
Limited gaming - cities - commercial districts
44‑30‑106
Exceptions
44‑30‑201
Division of gaming - creation
44‑30‑202
Functions of division - repeal
44‑30‑203
Director - qualification - powers and duties
44‑30‑204
Investigator - peace officers
44‑30‑205
Division of gaming - access to records
44‑30‑206
Repeal of division - review of functions
44‑30‑301
Colorado limited gaming control commission - creation
44‑30‑302
Commission - powers and duties - rules
44‑30‑401
Conflict of interest
44‑30‑501
Licenses - types - rules
44‑30‑502
Key employee - determination of status
44‑30‑503
Licenses - revocable - nontransferable
44‑30‑504
Operator, slot machine manufacturer or distributor, associated equipment supplier, key employee, support licensee, or retailer - qualifications for licensure
44‑30‑505
Considerations for licensure
44‑30‑506
Temporary or conditional licenses
44‑30‑507
Delegation of licensing duties
44‑30‑508
Licensed premises - retail floor plan - definition
44‑30‑509
License - disqualification - criteria
44‑30‑510
Applicants and licensees - providing information - criminal history record check
44‑30‑511
Application - fee - waiver of confidentiality
44‑30‑512
Supplier of licensee - licensure requirements
44‑30‑513
Application - authorization for background investigations
44‑30‑514
License - grounds for approval or denial
44‑30‑515
Licensed premises - safety conditions - fire and electrical
44‑30‑516
Buildings - accessible to persons with disabilities
44‑30‑517
Waiver from liability - state of Colorado - disclosures or publications
44‑30‑518
Renewal of licenses
44‑30‑519
Denial of application
44‑30‑520
Appeal of final action of commission
44‑30‑521
Executive and closed meetings
44‑30‑522
Communications - privileged and confidential
44‑30‑523
Summary suspension
44‑30‑524
Suspension or revocation of license - grounds - penalties
44‑30‑525
Commission hearings - testimony
44‑30‑526
Records - confidentiality - exceptions
44‑30‑527
Executive director and director have access to files and records
44‑30‑528
Licensees - duty to maintain records
44‑30‑529
5)
44‑30‑530
Payments of winnings - intercept
44‑30‑531
Responsible gaming - advertising and promotional efforts - reports of certain licensees required - confidential records
44‑30‑601
Gaming tax
44‑30‑602
Return and remittance
44‑30‑603
Violations of taxation provisions - penalties
44‑30‑604
Returns and reports - failure to file - penalties
44‑30‑605
Local jurisdiction
44‑30‑701
Limited gaming fund - created - repeal
44‑30‑702
Revenues attributable to local revisions to gaming limits - extended limited gaming fund - identification - separate administration - distribution - legislative declaration - definitions
44‑30‑703
Audits and annual reports
44‑30‑704
Enforcement
44‑30‑705
Attorney general - duties
44‑30‑801
Limited gaming equipment manufacturers or distributors, operators, associated equipment suppliers, retailers, key employees, support licensees, persons contracting with the commission or division - criteria
44‑30‑802
False statement on application - violations of rules or provisions of article as felony
44‑30‑803
Slot machines - shipping notices
44‑30‑804
Persons prohibited from interest in limited gaming
44‑30‑805
Responsibilities of operator
44‑30‑806
Gaming equipment - security and audit specifications
44‑30‑807
Gaming equipment - not subject to exclusive agreements
44‑30‑808
Restriction upon persons having financial interest in retail licenses
44‑30‑809
Age of participants - penalties - applicability
44‑30‑810
Employee twenty-one years or older required on premises
44‑30‑811
Persons conducting limited gaming
44‑30‑812
Employee of licensed person - good moral character
44‑30‑813
Minimum payback - limit to a slot machine
44‑30‑814
Key employee - support license
44‑30‑815
Extension of credit prohibited
44‑30‑816
Authorized amount of bets
44‑30‑817
Failure to pay winners
44‑30‑818
Approval of rules for certain games
44‑30‑819
Exchange - redemption of chips - unlawful acts
44‑30‑820
Persons in supervisory positions - unlawful acts - rules
44‑30‑821
Cheating - penalty - definition
44‑30‑822
Fraudulent acts
44‑30‑823
Use of device for calculating probabilities
44‑30‑824
Use of counterfeit or unapproved chips or tokens or unlawful coins or devices - possession of certain unlawful devices, equipment, products, or materials - penalty
44‑30‑825
Cheating game and devices - penalty
44‑30‑826
Unlawful manufacture, sale, distribution, marking, altering, or modification of equipment and devices associated with limited gaming - unlawful instruction
44‑30‑828
Detention and questioning of person suspected of violating article - limitations on liability - posting of notice
44‑30‑829
Failure to display operator and premises licenses
44‑30‑830
Authority, duties, and powers - department of revenue and department of public safety
44‑30‑831
Violation of article as misdemeanor
44‑30‑832
Agreements, contracts, leases - void and unenforceable
44‑30‑833
Financial interest restrictions
44‑30‑834
Revocation or expiration of license - requirement of notification
44‑30‑835
Personal pecuniary gain or conflict of interest
44‑30‑836
False or misleading information - unlawful
44‑30‑837
Conducting gaming activities without a license
44‑30‑901
Events sponsored by charitable organizations
44‑30‑902
Terms of sponsorship
44‑30‑903
Notice of sponsorship
44‑30‑1101
Exemption from federal law
44‑30‑1102
Shipments of devices and machines deemed legal
44‑30‑1103
Ownership or possession of slot machines - rules
44‑30‑1201
State historical fund - administration - legislative declaration - state museum cash fund - rules - definition
44‑30‑1202
Expenditures from the state historical fund - legislative declaration
44‑30‑1301
Definitions - local government limited gaming impact fund - rules - report - legislative declaration
44‑30‑1302
Local government limited gaming impact advisory committee - creation - duties
44‑30‑1401
Definitions
44‑30‑1402
Independent restoration and preservation commission - appointments - qualifications - new appointments - appointments without nominations
44‑30‑1403
Funding - compensation
44‑30‑1404
Officers - bylaws - rules
44‑30‑1405
Meetings
44‑30‑1406
Quorum - action
44‑30‑1407
Final agency action - judicial review
44‑30‑1501
Definitions - rules
44‑30‑1502
Conflict of interest - participants in sports or athletic events
44‑30‑1503
Licenses - rules
44‑30‑1504
Disclosure of information by corporate applicants - license required - investigation - criminal history record check - rules - definition
44‑30‑1505
License classifications - number of licenses - designated sports betting operators - qualifications - rules
44‑30‑1506
Operations - eligibility to place bets - record-keeping - information sharing
44‑30‑1507
Records - confidentiality - exceptions
44‑30‑1508
Sports betting tax - rules
44‑30‑1509
Sports betting fund - wagering revenue recipients hold-harmless fund - creation - rules - definitions - repeal
44‑30‑1510
Audits
44‑30‑1511
Unlawful acts
44‑30‑1512
Penalties
44‑30‑1513
Other laws inapplicable
44‑30‑1516
Duties of licensees under the gambling payment intercept act
44‑30‑1601
Short title
44‑30‑1602
Applicability of common provisions
44‑30‑1603
Definitions
44‑30‑1604
Rules
44‑30‑1605
Registration
44‑30‑1606
Licensing - rules
44‑30‑1607
Consumer protections
44‑30‑1608
Duty to maintain records
44‑30‑1609
Authorization to conduct fantasy contests
44‑30‑1610
Grounds for discipline
44‑30‑1611
Civil fines
44‑30‑1612
Applicability
44‑30‑1613
Hearings
44‑30‑1701
Definitions
44‑30‑1702
Responsible gaming grant program - creation - rules - application process - cash fund created - repeal
44‑30‑1703
Exclusion of certain individuals from participation in gaming activities - duties of division - mechanism for self-exclusion - confidential records - rules
Green check means up to date. Up to date

Current through Fall 2024

§ 44-30-302’s source at colorado​.gov