GCD eyes streamlining license amendment process
Pub Date: 8/1/2008
By Gene Huntington
Administrator
Gambling Control Division
The Gaming Advisory Council recently asked the Gambling Control Division to review its rules with regard to transfer of a license with the death of a licensee.
While historically, the most common situation involved a widow succeeding her husband in a business'; today most gambling businesses are corporations or limited-liability companies. The heirs are often unfamiliar with the ownership of the business and the liquor and gambling regulations regarding ownership.
The Division has implemented procedures in recent years to accommodate heirs following a death.
Every effort is made not to shut down the video gambling machines.
To the extent possible amended applications are processed in-house in Helena.
In the case of a surviving spouse who is already on the license, GCD simply needs to receive an amended application that removes the deceased from the license.
As licensees maintain and update their wills and other estate documents, it is important to provide clear, up-to-date direction on two important things: promptly notifying GCD and naming the personal representative.
Too often, GCD is not aware of a licensee s death. Once the division is aware of a death, it will work with the heirs, route operators and managers to expedite the addition of a personal representative to the license and make sure there's no interruption in the operation of the video gambling machines.
Corporations, partnerships and limited liability companies should file an amended application to put the personal representative on the license and remove the deceased.
When the estate is distributed, a second amended application will be required. At this time organizational and financial documents will be required. These documents will provide GCD with the record of how the distribution of the estate has changed the organization and financing of the business.
This article is not intended to provide legal advice on how to plan your estate but rather to provide a reminder of these important issues that need to be addressed when you sit down with your family, attorney or estate advisor.
Source: The Montana Tavern Times, August, 2008, published monthly by Continental Communications, 125 W. Granite St., Suite 102, Butte, MT 59701.