KRS § 230.805 — KY Code / Title XIX / Chapter 230 / Section 230.805
230.805 Racing and gaming corporation to institute system of sports wagering -- Service providers -- Requirements -- Sports wagering account registration -- Limitation on accounts -- Administrative regulations
Status: in_force

230.805 Racing and gaming corporation to institute system of sports wagering --

Service providers -- Requirements -- Sports wagering account registration --

Limitation on accounts -- Administrative regulations.

(1) The corporation shall institute a system of sports wagering in conformance with

federal law, this chapter, and by administrative regulations promulgated under the

authority of KRS 230.215.

(2) Sports wagering shall not be offered in this state except as authorized by this

section and KRS 230.811. A track that holds a license to operate sports wagering

may contract with sports wagering service providers to conduct or manage sports

wagering operations as authorized by this chapter. Sports wagering may be

provided at a licensed facility for sports wagering or online through a website or

mobile application. The licensed facility for sports wagering or a sports wagering

service provider may provide sports wagering through a website or mobile interface

as approved by the corporation. The corporation may provide temporary licenses to

licensed facilities for sports wagering or sports wagering service providers, if the

corporation deems that the information submitted by them is sufficient to determine

the applicant's suitability. The corporation may promulgate administrative

regulations to establish the suitability for temporary and ordinary license

applications for licensed facilities for sports wagering, sports wagering service

providers, and any related parties.

(3) Sports wagering licensees and service providers that accept wagers online via

websites and mobile applications shall impose the following requirements:

(a) Prior to placing a wager online via websites or mobile applications operated

by either a sports wagering licensee or a service provider, a patron shall

register the patron's sports wagering account with the operating sports

wagering licensee or service provider either in person at a licensed facility for

sports wagering or remotely through the service provider's website or mobile

application;

(b) 1. The registration process shall include attestation that the patron meets

the requirements to place a wager with a sports wagering licensee or

service provider in this state.

2. Prior to verification of a patron's identity, a sports wagering licensee or

service provider shall not allow the patron to engage in sports wagering,

make a deposit, or process a withdrawal via the patron's sports wagering

account.

3. A sports wagering licensee or service provider shall implement

commercially and technologically reasonable procedures to prevent

access to sports wagering by any person under the age of eighteen (18):

a. At a licensed facility; and

b. Online via website or mobile application.

4. A sports wagering licensee or service provider may use information

obtained from third parties to verify that a person is authorized to open

an account, place wagers, and make deposits and withdrawals;

(c) A sports wagering licensee or service provider shall adopt an account

registration policy to ensure that all patrons are authorized to place a wager

with a sports wagering licensee or service provider within the Commonwealth

of Kentucky. This policy shall include, without limitation, a mechanism by

which to:

1. Verify the name and age of the patron;

2. Verify that the patron is not prohibited from placing a wager; and

3. Obtain the following information:

a. A physical address other than a post office box;

b. A phone number;

c. A unique user name; and

d. An e-mail account;

(d) A sports wagering licensee or service provider shall use all commercially and

technologically reasonable means to ensure that each patron is limited to one

(1) account with that service provider in the Commonwealth, but nothing in

this paragraph restricts a patron from holding other sports wagering accounts

in other jurisdictions;

(e) A sports wagering licensee or service provider, in addition to complying with

state and federal law pertaining to the protection of the private, personal

information of patrons, shall use all other commercially and technologically

reasonable means to protect this information consistent with industry

standards;

(f) A sports wagering licensee or service provider shall use all commercially and

technologically reasonable means to verify the identity of the patron making a

deposit or withdrawal;

(g) A sports wagering licensee or service provider shall utilize geolocation or

geofencing technology to ensure that wagers are only accepted from patrons

who are physically located in the Commonwealth. A sports wagering licensee

or service provider shall maintain in this state its servers used to transmit

information for purposes of accepting or paying out wagers on a sporting

event placed by patrons in this state;

(h) A patron may fund the patron's account using any acceptable form of payment

or advance deposit method, which shall include the use of cash, cash

equivalents, credit cards, debit cards, automated clearing house, other

electronic methods, and any other form of payment authorized by the

corporation; and

(i) The corporation may enter into agreements with other jurisdictions or entities

to facilitate, administer, and regulate multijurisdictional sports betting by

sports betting operators to the extent that entering into the agreement is

consistent with state and federal laws and the sports betting agreement is

conducted only in the United States.

(4) A track may contract with no more than three (3) service providers at a time to

conduct and manage services and technology which support the operation of sports

betting both on the track and online via websites and mobile applications. The

website or mobile application used to offer sports betting shall be offered only

under the same brand as the track or that of the service provider contracted with the

track, or both.

(5) A track or service provider through an agreement with a licensed track shall not

offer sports wagering until the corporation has issued a sports wagering license to

the track, except for temporary licenses authorized under KRS 230.814.

(6) (a) A track licensed under KRS 230.811 may offer sports wagering at a facility

that meets the definition of "track" in KRS 230.210.

(b) A simulcast facility may offer sports wagering through an agreement with a

track by using any of that track's already established service providers.