reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 233.00 - Sports Wagering Voluntary Self-exclusion › Section 233.04 - Duration of Exclusion and Reinstatement from the List

Current through Register 1525, July 5, 2024
(1) As part of the request for voluntary
			 self-exclusion, the individual must select the duration for which the
			 individual wishes to be voluntarily excluded in accordance with
			 205
			 CMR 133.04(1). The processes
			 and procedures concerning removal from the voluntary self-exclusion list shall
			 be the same as those processes and procedures provided in
			 205
			 CMR 133.04(2) through (4) and (6) through
			 (9).
(2) In addition, to be eligible for removal
			 from the voluntary self-exclusion list, the petitioner shall participate in a
			 reinstatement session with a designated agent. The reinstatement session shall
			 include a review of the risks and responsibilities of Sports Wagering, budget
			 setting and a review of problem gambling resources unless the petitioner
			 declines such a review. Upon completion of the reinstatement session, the
			 designated agent shall sign the individual's petition for removal from the list
			 attesting to the fact that the reinstatement session was conducted. The
			 designated agent shall submit an electronic verification to the Commission that
			 the petitioner has completed a reinstatement session. The designated agent
			 shall provide a copy of the electronic verification that the petitioner has
			 completed a reinstatement session to Sports Wagering Operators and the
			 petitioner.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 233.00 - Sports Wagering Voluntary Self-exclusion › Section 233.05 - Maintenance and Custody of the List

Current through Register 1525, July 5, 2024
(1) The
			 Commission shall be subject to the same obligations relative to the maintenance
			 and custody of the voluntary self-exclusion list as set forth in
			 205
			 CMR 133.05(1) and
			 (3).
(2) Sports Wagering Operators shall have the
			 same access to and obligations regarding the voluntary self-exclusion list as
			 gaming licensees pursuant to
			 205
			 CMR 133.05(1) and
			 (2).
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 233.00 - Sports Wagering Voluntary Self-exclusion › Section 233.07 - Sanctions against a Sports Wagering Operator

Current through Register 1525, July 5, 2024
(1)
Grounds for Action
. A Sports Wagering Operator license
			 may be conditioned, suspended, or revoked, or a Sports Wagering Operator
			 assessed a civil administrative penalty if it is determined that a Sports
			 Wagering Operator has:
(a) knowingly or
			 recklessly failed to exclude or eject from the Sports W agering Area or the
			 Sports Wagering Facility any individual placed on the voluntary self-exclusion
			 list, or knowingly or recklessly failed to reject or block an attempted Sports
			 W ager by any individual placed on the voluntary self-exclusion list. Provided,
			 it shall not be deemed a knowing or reckless failure if an individual on the
			 voluntary self-exclusion list shielded their identity or otherwise attempted to
			 avoid identification while present at a Sports Wagering Area, Sports Wagering
			 Facility, or on a Sports Wagering Platform; or
(b) failed to abide by any provision of
			 205 CMR
			 233.00, M.G.L. c. 23N, § 13(e)(2), a Sports
			 Wagering Operator's approved written policy for compliance with the voluntary
			 self-exclusion program pursuant to
			 205 CMR
			 233.00, or any law related to the voluntary
			 self-exclusion of patrons from a Sports Wagering Area, Sports Wagering Facility
			 or Sports Wagering Platform. Provided, a Sports Wagering Operator shall be
			 deemed to have marketed to an individual on the voluntary self-exclusion list
			 only if marketing materials are sent directly to an address, email address,
			 telephone number, or other contact identified by the individual on their
			 application.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 233.00 - Sports Wagering Voluntary Self-exclusion › Section 233.08 - Collection of Debts

Current through Register 1525, July 5, 2024
(1) An individual
			 who is prohibited from Sports Wagering under
			 205 CMR
			 233.00 shall not be entitled to recover losses as a
			 result of prohibited Sports Wagering based solely on their inclusion on the
			 list.
(2) Nothing in
			 205 CMR
			 233.00 shall be construed to prohibit a Sports
			 Wagering Operator from seeking payment of a debt from an individual whose name
			 is on the voluntary self-exclusion list.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 234.00 - Sports Wagering Vendors › Section 234.02 - Forms; Fingerprinting

Current through Register 1525, July 5, 2024
(1)
Sports Wagering Vendor License Application Form
. Every
			 Person applying for a Sports Wagering Vendor License shall be obligated to
			 complete and submit a Sports Wagering Vendor Business Entity Disclosure Form to
			 the Division of Licensing. Said forms shall be created by the Bureau, subject
			 to the approval of the Commission. The Division of Licensing may make
			 non-material changes to the forms. The license application forms for Sports
			 Wagering vendors shall require, at a minimum, the following information:
(a) The name of the Applicant;
(b) The post office address and, if a
			 corporation, the name of the state under the laws of which it was incorporated,
			 the location of its principal place of business and the names and addresses of
			 its directors and stockholders;
(c)
			 The Applicant's criminal and arrest record;
(d) Any civil judgments obtained against the
			 Applicant pertaining to antitrust or security regulation;
(e) The identity of every Person having a
			 direct or indirect interest in the business and the nature of such interest;
			 provided, however, that if the disclosed entity is a trust, the application
			 shall disclose the names and addresses of all beneficiaries; provided further,
			 that if the disclosed entity is a partnership, the application shall disclose
			 the names and addresses of all partners, both general and limited; and provided
			 further, that if the disclosed entity is a limited liability company, the
			 application shall disclose the names and addresses of all members;
(f) An independent audit report of all
			 financial activities and interests including, but not limited to, the
			 disclosure of all contributions, donations, loans, loan forgiveness, or any
			 other financial transactions to or from a gaming entity or Operator in the past
			 three years; and
(g) Clear and
			 convincing evidence of financial stability including, but not limited to, bank
			 references, business and personal income and disbursement schedules, tax
			 returns and other reports filed by governmental agencies, and business and
			 personal accounting check records and ledgers.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 234.00 - Sports Wagering Vendors › Section 234.03 - Submission by Applicants; Fees

Current through Register 1525, July 5, 2024
(1) An
			 application, disclosure form or registration for the initial issuance of a
			 Sports Wagering Vendor License shall include all of the following:
(a) A completed Business Entity Disclosure
			 Form-Sports Wagering Vendor, as applicable, as set forth in
			 205
			 CMR 234.02(1) and (2);
			 and
(b) Proof of the vendor's
			 business relationship with one or more Operators in the manner prescribed by
			 the Division of Licensing.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 234.00 - Sports Wagering Vendors › Section 234.05 - Affirmative License Standards for Sports Wagering Vendors

Current through Register 1525, July 5, 2024
(1) An Applicant for a Sports Wagering Vendor
			 License and any Sports Wagering Vendor qualifier shall establish individual
			 qualifications by clear and convincing evidence.
(2) In determining whether an Applicant for
			 licensure is suitable for purposes of being issued a Sports Wagering Vendor
			 License, being qualified as a Sports Wagering Vendor qualifier or for having a
			 Sports Wagering Vendor License or qualification renewed, the Bureau shall
			 evaluate and consider the overall reputation of the Applicant and qualifiers,
			 if any, including, without limitation:
(a) the
			 integrity, honesty, good character and reputation of the Applicant and
			 qualifiers;
(b) the financial
			 stability, integrity, and background of the Applicant and qualifiers;
(c) whether the Applicant and its qualifiers
			 have a history of compliance with gaming and Sports Wagering licensing
			 requirements in other jurisdictions;
(d) whether the Applicant or any qualifier,
			 at the time of application, is a defendant in litigation;
(e) whether the Applicant is disqualified
			 from receiving a license under
			 205
			 CMR 234.05(3);
(f) whether the Applicant or any qualifier
			 has been convicted of a crime of moral turpitude;
(g) whether, and to what extent, the
			 Applicant or any qualifier has associated with members of organized crime and
			 other Persons of disreputable character;
(h) the extent to which the Applicant and
			 qualifiers have cooperated with the Bureau in connection with the background
			 investigation; and
(I) the
			 integrity, honesty, and good character of any
			 subcontractor.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 234.00 - Sports Wagering Vendors › Section 234.06 - Affirmative Registration Standards for Sports Wagering Registrants

Current through Register 1525, July 5, 2024
(1) Upon submission of an administratively
			 complete registration form as a Sports Wagering Registrant, the Division of
			 Licensing shall issue the registration on behalf of the Commission. A
			 registration may be denied or subsequently revoked if it is determined that the
			 Applicant is disqualified in accordance with
			 205
			 CMR 234.06(2)  or unsuitable
			 for any criteria identified in
			 205
			 CMR 234.06(3).
(2) The Bureau and Commission shall deny or
			 revoke a registration if the person:
(a) has
			 been convicted of a felony or other crime involving embezzlement, theft, fraud
			 or perjury; except that for such disqualifying convictions which occurred
			 before the ten-year period immediately preceding submission of the application
			 for licensure, the Bureau may, in its discretion, approve the issuance of a
			 registration to an Applicant who affirmatively demonstrates rehabilitation in
			 accordance with
			 205
			 CMR 234.05(4);
(b) submitted a registration form under
			 M.G.L. c. 23K, §§ 30, 31,
			 205 CMR
			 134.00, M.G.L.c. 23N or
			 205 CMR
			 234.00 that willfully, knowingly or intentionally
			 contains materially false or misleading information;
(c) committed prior acts which have not been
			 prosecuted or in which the Applicant was not convicted, but which form a
			 pattern of misconduct that makes the Applicant unsuitable for registration;
			 or
(d) has affiliates or close
			 associates that would not qualify for a license or whose relationship with the
			 Applicant may pose an injurious threat to the interests of the Commonwealth in
			 approving a registration.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 234.00 - Sports Wagering Vendors › Section 234.07 - Temporary Licenses for Sports Wagering Vendors

Current through Register 1525, July 5, 2024
(1)
			 Notwithstanding any other provision of
			 205 CMR
			 234.00, upon petition to the Commission by an
			 Operator, the Commission may issue a temporary Sports Wagering Vendor License
			 to an Applicant for a Sports Wagering Vendor License if:
(a) the Applicant for a Sports Wagering
			 Vendor License has filed a completed application with the Commission and has
			 submitted all of the disclosure forms as required by the Division of Licensing.
			 The Bureau may waive the requirement to submit application information for some
			 or all of the Applicant's individual and entity qualifiers prior to issuance of
			 a Temporary License;
(b) the
			 Operator certifies, and the Commission finds, that the issuance of a temporary
			 Sports Wagering Vendor License is necessary for the operation of Sports
			 Wagering and is not designed to circumvent the normal licensing procedures;
			 and
(c) the Operator certifies
			 that, to the best of its reasonable knowledge and belief, the proposed
			 temporary Sports Wagering Vendor meets the qualifications for licensure
			 pursuant to
			 205
			 CMR 234.05 and that the Operator understands
			 that it may be denied an Operator License if it has willfully, knowingly or
			 intentionally provided false or misleading information regarding the proposed
			 vendor.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 234.00 - Sports Wagering Vendors › Section 234.08 - Administrative Closure of Applications for Sports Wagering Vendor Licensure or Registration

Current through Register 1525, July 5, 2024
(1) All Applicants
			 for a Sports W agering Vendor License or registration shall promptly respond to
			 any request for information from the Division of Licensing and/or the Bureau.
			 This obligation is in addition to the continuing duty set forth in
			 205
			 CMR 234.10.
(2) Failure of an Applicant for a Sports
			 Wagering Vendor License or registration to respond to a request for information
			 from the Division of Licensing and/or the Bureau within 21 days of the request
			 may result in the administrative closure of the application for licensure or
			 registration and the corresponding administrative revocation of a Sports
			 Wagering Vendor license or registration, if applicable.
(3) In the event that an application for
			 licensure or a registration is administratively closed for failure to provide
			 requested information or to comply with the obligations set forth in either
			 205
			 CMR 234.08(1)  or
			 205
			 CMR 234.10, the Division of Licensing or the
			 Bureau will notify the Applicant of the determination in writing and will
			 identify the specific deficiencies in the application that served as the basis
			 for the closure. Once an application for licensure or registration has been
			 administratively closed, the Applicant is required to submit a new application
			 in order to be considered for licensure or registration. In that event, the
			 Applicant shall submit a complete application including all outstanding
			 information as previously detailed by the Division of Licensing or the Bureau.
			 The submission of outstanding information is not a guarantee of licensure or
			 registration, but is a prerequisite for the application to be deemed
			 administratively complete.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 234.00 - Sports Wagering Vendors › Section 234.09 - Term of Sports Wagering Vendor License or Registration; Renewal

Current through Register 1525, July 5, 2024
(1)
Term
. Sports
			 Wagering Vendor licenses and registrations and Sports Wagering vendor
			 qualifications shall be for an initial term of three years. The initial term of
			 a Sports Wagering Vendor License or registration shall expire and be renewable
			 on the last day of the month on the third anniversary of the issuance
			 date.
(2)
Renewal
.
(a) At a
			 minimum of 150 days prior to expiration, each Sports Wagering Vendor shall
			 submit a new and updated application or registration in accordance with
			 205 CMR
			 234.00.
(b) If a vendor or qualifier has made timely
			 and sufficient application for a renewal, the Applicant's existing license or
			 registration shall not expire and the Applicant shall remain in good standing
			 until the Bureau has issued a decision on the application or registration. If a
			 renewal application or registration is received after the renewal date and the
			 license or registration expires before the Commission issues a new license or
			 registration, the Person shall not conduct business with an Operator until a
			 new license or registration is issued.
(c) It shall be the responsibility of the
			 vendor to ensure that their license or registration is current.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 234.00 - Sports Wagering Vendors › Section 234.10 - Duties of Applicants, Licensees, and Sports Wagering Registrants

Current through Register 1525, July 5, 2024
All Sports Wagering Vendor Applicants, Sports Wagering Vendors,
				Sports Wagering Registrants and qualifiers, shall have the same duties and
				obligations required of gaming vendor Applicants, licensees, and registrants
				pursuant to
				205
				CMR 134.18:
Duties of Applicants and
				Licensees
.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 234.00 - Sports Wagering Vendors › Section 234.11 - Disciplinary Action

Current through Register 1525, July 5, 2024
Sports Wagering Vendor Licensees and Sports Wagering
				Registrants may be disciplined in accordance with
				205 CMR
				232.00 or any other applicable provision of 205 CMR or
				M.G.L. c. 23N.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 234.00 - Sports Wagering Vendors › Section 234.12 - Application Following Denial or Revocation

Current through Register 1525, July 5, 2024
No individual who has been denied a license or registration or
				has had their license or registration revoked pursuant to
				205
				CMR 234.11,
				205 CMR
				232.00, or any other provision of 205 CMR or M.G.L. c.
				23N may reapply for the same license or registration prior to two years from
				the date of denial or revocation. If an individual has appealed the denial or
				revocation of their license or registration, the two-year period shall begin to
				run from the date that the denial or revocation is affirmed pursuant to
				205 CMR
				101.00:
M.G.L. C. 23K Adjudicatory
				Proceedings
or otherwise pursuant to M.G.L. c. 30A.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 235.00 - Sports Wagering Occupational Licenses › Section 235.01 - Sports Wagering Employees Requiring Occupational Licenses

Current through Register 1525, July 5, 2024
(1)
Requirement for
			 Licensure
.
(a) No Person shall
			 perform duties directly related to the operation of Sports Wagering in a
			 supervisory role on behalf of a Sports Wagering Operator unless the Person has
			 obtained an Occupational License in accordance with
			 205 CMR
			 235.00.
(b) Notwithstanding
			 205
			 CMR 235.01(a), the following
			 persons do not have to obtain Occupational Licenses:
1. Any Qualifier to a Sports Wagering
			 Operator pursuant to 205 CMR 215;
2. Any person licensed, qualified, or
			 registered as a Key Gaming Employee or in association with a Gaming Vendor
			 pursuant to
			 205 CMR
			 134.00:
Licensing and Registration of
			 Employees, Vendors, Junket Enterprises and Representatives, and Labor
			 Organizations;
or
3. Any
			 person licensed, qualified or registered in association with a Sports Wagering
			 Vendor pursuant to
			 205 CMR
			 234.00.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 235.00 - Sports Wagering Occupational Licenses › Section 235.02 - Forms; Fingerprinting

Current through Register 1525, July 5, 2024
(1)
Occupational License Application Form
. Every Person
			 applying for an Occupational License shall be obligated to complete and submit
			 an Occupational License Application Form to the Division of Licensing. Said
			 forms shall be created by the Bureau, subject to the approval of the
			 Commission. The Bureau may create different Occupational License Application
			 Forms for different categories of applicants. The Division of Licensing may
			 make non-material changes to the forms. The Occupational License Application
			 shall require, at a minimum, the following information:
(a) The name of the Applicant;
(b) The address of the Applicant;
(c) A detailed employment history of the
			 Applicant, as prescribed by the Bureau;
(d) The fingerprints of the
			 Applicant;
(e) The Applicant's
			 criminal and arrest record; and
(f)
			 Any civil judgments obtained against the Applicant pertaining to antitrust or
			 security regulation.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 235.00 - Sports Wagering Occupational Licenses › Section 235.03 - Submission by Applicants; Fee

Current through Register 1525, July 5, 2024
(1) An application
			 for the initial issuance of an Occupational License shall include:
(a) an Occupational License Form, as set
			 forth in
			 205
			 CMR 235.02(1) and
			 (2);
(b) Proof of an offer of employment from a
			 Sports Wagering Operator in the manner prescribed by the Division of Licensing.
			 Ongoing employment with an Operator is a prerequisite for an application for
			 licensure to remain a valid application not subject to administrative closure
			 in accordance with
			 205
			 CMR 235.07;
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 235.00 - Sports Wagering Occupational Licenses › Section 235.04 - Investigation, Determination, and Appeals for Occupational Licenses

Current through Register 1525, July 5, 2024
The investigation of, determination on, and any appeal
				resulting from an Occupational License Application shall follow the processes
				set forth in
				205
				CMR 234.04(1) through
				(3).
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 235.00 - Sports Wagering Occupational Licenses › Section 235.05 - Affirmative License Standards for Occupational Licensees

Current through Register 1525, July 5, 2024
(1) An Applicant for an Occupational License
			 shall establish their suitability by clear and convincing evidence.
(2) In determining whether an Applicant for
			 an Occupational License is suitable for purposes of being issued an
			 Occupational License, the Bureau shall evaluate and consider the overall
			 reputation of the Applicant consistent with
			 205
			 CMR 234.05(2), deny an
			 application for any of the reasons set out in
			 205
			 CMR 234.05(3), and consider
			 rehabilitation and the Applicant's age consistent with
			 205
			 CMR 234.05(4).
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 235.00 - Sports Wagering Occupational Licenses › Section 235.06 - Temporary Occupational Licenses

Current through Register 1525, July 5, 2024
(1)
			 Notwithstanding any other provision of205 CMR 235.00, upon
			 petition to the Commission by an Operator, the Commission may issue a temporary
			 Occupational License to an Applicant for an Occupational License if:
(a) the Applicant for an Occupational License
			 has filed a completed application with the Commission and has submitted all of
			 the disclosure forms as required by the Division of Licensing;
(b) the Operator certifies, and the Bureau
			 finds, that the issuance of a temporary Occupational License is necessary for
			 the operation of Sports Wagering and is not designed to circumvent the normal
			 licensing procedures; and
(c) the
			 Operator certifies that, to the best of its reasonable knowledge and belief,
			 the proposed temporary Occupational Licensee meets the qualifications for
			 licensure pursuant to
			 205
			 CMR 234.05 and that the Operator understands
			 that it may be denied an Operator License if it has willfully, knowingly or
			 intentionally provided false or misleading information regarding the proposed
			 vendor.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 235.00 - Sports Wagering Occupational Licenses › Section 235.07 - Administrative Closure of Applications for Occupational Licenses

Current through Register 1525, July 5, 2024
Applications for Occupational Licenses shall be subject to the
				provisions of
				205
				CMR 234.08.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 235.00 - Sports Wagering Occupational Licenses › Section 235.08 - Term of Occupational License; Renewal

Current through Register 1525, July 5, 2024
(1)
Term
. Occupational Licenses shall expire on March
			 1st of the third calendar year following the
			 issuance or renewal of the license.
(2)
Renewal
(a) Not later than the expiration date of the
			 Occupational License, an Occupational Licensee shall submit a renewal
			 application on a form established by the Commission.
(b) If an Occupational Licensee has made
			 timely and sufficient application for a renewal, the Applicant's existing
			 license shall not expire and the Applicant shall remain in good standing until
			 the Bureau has issued a decision on the application. If a renewal application
			 is received after the expiration date and the license expires before the
			 Commission issues a new license, the Person shall not conduct business with an
			 Operator until a new license is issued.
(c) It shall be the responsibility of the
			 Occupational Licensee to ensure that their license is current.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 235.00 - Sports Wagering Occupational Licenses › Section 235.09 - Duties of Licensees

Current through Register 1525, July 5, 2024
All Occupational Licensees shall have the same duties and
				obligations required of gaming vendor Applicants, licensees, and registrants
				pursuant to
				205
				CMR 134.18.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 235.00 - Sports Wagering Occupational Licenses › Section 235.10 - Disciplinary Action

Current through Register 1525, July 5, 2024
An Occupational Licensee may be disciplined in the same manner,
				for the same reasons, and through the same process set forth in
				205 CMR
				232.00:
Discipline of Sports Wagering
				Operators and Other Licensees, and Registrants.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 235.00 - Sports Wagering Occupational Licenses › Section 235.11 - Application Following Denial or Revocation

Current through Register 1525, July 5, 2024
No individual who has been denied a license or has had their
				license revoked pursuant to
				205
				CMR 235.10 may reapply for the same license
				prior to two years from the date of denial or revocation. If an individual has
				appealed the denial or revocation of their license, the two-year period shall
				begin to run from the date that the denial or revocation is affirmed pursuant
				to 205 CMR
				101.00:
M.G.L. c. 23K Adjudicatory
				Proceedings
or otherwise pursuant to M.G.L. c. 30A.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 238.00 - Additional Uniform Standards of Accounting Procedures and Internal Controls for Sports Wagering › Section 238.03 - Records Regarding Company Ownership

Current through Register 1525, July 5, 2024
The Sports Wagering Operator shall maintain all records
				regarding the Sports Wagering Operator's ownership, as described in 205 CMR at
				a location determined by the Sports Wagering Operator, provided that the
				Commission shall be notified of such location. The Commission shall be granted
				prompt and unfettered access to all such records upon
				request.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 238.00 - Additional Uniform Standards of Accounting Procedures and Internal Controls for Sports Wagering › Section 238.04 - Sports Wagering Operator's Organization

Current through Register 1525, July 5, 2024
(1) A
			 system of Internal Controls submitted by a Sports Wagering Operator in
			 accordance with
			 205
			 CMR 238.02 shall include tables of
			 organization, which shall include the provisions required in
			 205
			 CMR 138.04(1).
(2) A system of Internal Controls submitted
			 by a Sports Wagering Operator in accordance with
			 205
			 CMR 238.02 shall include provisions detailing
			 the structure, function, and area of responsibility for the following mandatory
			 departments and supervisory positions:
(a) For
			 Category 1 Sports Wagering Operators or Category 2 Sports Wagering Operators, a
			 surveillance department as described in
			 205
			 CMR 138.04(2)(a);
(b) An internal audit department as described
			 in 205 CMR
			 138.04(2)(b);
(c) An IT department as described in
			 205
			 CMR 138.04(2)(c);
(d) A Sports Wagering department supervised
			 by an executive who shall be responsible for the management of the Sports
			 Wagering department. The Chief Sports Wagering Executive shall be responsible
			 for the operation and conduct of all Sports Wagering;
(e) For Category 1 Sports Wagering Operators
			 or Category 2 Sports Wagering Operators, a security department as described in
			 205
			 CMR 138.04(2)(e);
(f) An accounting department as described in
			 205
			 CMR 138.04(2)(f);
(g) A compliance committee as described in
			 205
			 CMR 138.04(2)(g);
			 and
(h) An independent audit
			 committee as described in
			 205
			 CMR 138.04(2)(h).
Each of the mandatory departments and supervisors shall
				cooperate with, yet perform its functions independently of, all other mandatory
				departments and supervisors.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 238.00 - Additional Uniform Standards of Accounting Procedures and Internal Controls for Sports Wagering › Section 238.05 - System for Ensuring Employees Are Properly Licensed or Registered

Current through Register 1525, July 5, 2024
(1) A system of Internal Controls submitted
			 by a Sports Wagering Operator in accordance with
			 205
			 CMR 238.02 shall include a plan for ensuring
			 that all individuals employed by an Operator to perform duties directly related
			 to the operation of Sports Wagering in the Commonwealth in a supervisory role
			 are properly licensed in accordance with
			 205 CMR
			 235.00:
Sports Wagering Occupational
			 Licensing
. The system of Internal Controls shall include, without
			 limitation, the procedures outlined in
			 205
			 CMR 138.05(1).
(2) A system of Internal Controls submitted
			 by a Sports Wagering Operator in accordance with
			 205
			 CMR 238.02 shall include a plan for reporting
			 to the Commission on a bi-monthly basis and in a format as directed by the
			 Commission, the information required by
			 205
			 CMR 138.05(2)  for each
			 individual licensed in accordance with
			 205 CMR
			 235.00:
Sports Wagering Occupational
			 Licensing
.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 238.00 - Additional Uniform Standards of Accounting Procedures and Internal Controls for Sports Wagering › Section 238.06 - System for Business Dealings with Sports Wagering Vendors

Current through Register 1525, July 5, 2024
(1) A system of Internal Controls submitted
			 by a Sports Wagering Operator in accordance with
			 205
			 CMR 238.02 shall include a plan for ensuring
			 that all Persons conducting business with a Sports Wagering Operator as a
			 Sports Wagering Vendor are properly licensed or registered in accordance with
			 205 CMR
			 234.00:
Sports Wagering Vendors
, if
			 necessary. The system of Internal Controls shall include, without limitation,
			 the procedures outlined in
			 205
			 CMR 138.06(1).
(2) A system of Internal Controls submitted
			 by a Sports Wagering Operator in accordance with
			 205
			 CMR 238.02 shall include a plan for providing
			 a Disbursement Report to the Commission on a bi-monthly basis and in a format
			 as directed by the Commission. The Disbursement Report shall reflect, for each
			 Sports Wagering Vendor licensed or registered in accordance with
			 205 CMR
			 234.00:
Sports Wagering Vendors
, the
			 information required by
			 205
			 CMR 138.06(2).
(3) Each Sports Wagering Operator shall
			 maintain a fully signed copy of every written agreement and records. With
			 respect to every unwritten agreement to which it a Sports Wagering Operator is
			 a party, the Sports Wagering Operator shall provide, at a minimum, the
			 information required by
			 205
			 CMR 138.06(3).
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 238.00 - Additional Uniform Standards of Accounting Procedures and Internal Controls for Sports Wagering › Section 238.08 - Accounting Records

Current through Register 1525, July 5, 2024
(1) A Sports
			 Wagering Operator shall maintain complete, accurate, and legible records of all
			 transactions pertaining to the revenues and costs for the Sports Wagering
			 Operation, including those required in accordance with M.G.L. c. 23N and 205
			 CMR.
(2) A Sports Wagering Operator
			 shall maintain general accounting records on a double entry system of
			 accounting with transactions recorded on the accrual basis. A Sports Wagering
			 Operator shall also maintain detailed, supporting, subsidiary records
			 sufficient to meet the requirements of M.G.L. c. 23N and 205 CMR.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 238.00 - Additional Uniform Standards of Accounting Procedures and Internal Controls for Sports Wagering › Section 238.09 - Retention, Storage and Destruction Records

Current through Register 1525, July 5, 2024
(1) A
			 system of Internal Controls submitted by a Sports Wagering Operator in
			 accordance with
			 205
			 CMR 238.02 shall include a records retention
			 schedule, and provisions related to the storage and destruction of records
			 that, at a minimum, incorporates the provisions specified in
			 205
			 CMR 138.09(1). In addition,
			 the Operator's records retention schedule shall include provisions by category
			 relative to all Sports Wagering related records and records relative to Sports
			 Wagering Vendors.
(2)
(a) A Sports Wagering Operator may petition
			 the Commission at any time for approval of a facility to be used to generate or
			 store records required to be retained in accordance with
			 205
			 CMR 138.09(1). Such petition
			 shall include:
1. A detailed description of
			 the proposed facility, including location, security and fire safety systems;
			 and
2. The procedures pursuant to
			 which Commission agents will be able to gain access to the records retained at
			 the proposed facility.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 238.00 - Additional Uniform Standards of Accounting Procedures and Internal Controls for Sports Wagering › Section 238.10 - Jobs Compendium Submission

Current through Register 1525, July 5, 2024
A system of Internal Controls submitted by a Sports Wagering
				Operator in accordance with
				205
				CMR 238.02 shall include a jobs compendium
				detailing job descriptions, chains of command, and lines of authority for all
				personnel engaged in the operation of Sports Wagering, which meets the
				provisions specified in
				205
				CMR 138.10:
Jobs Compendium
				Submission
.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 238.00 - Additional Uniform Standards of Accounting Procedures and Internal Controls for Sports Wagering › Section 238.11 - Personnel Assigned to the Operation and Conduct of Sports Wagering

Current through Register 1525, July 5, 2024
Each Sports Wagering Operator shall be required to employ the
				following personnel in the following manner in the operation of its Sports
				Wagering regardless of the position titles assigned to such personnel by the
				Operator in its approved jobs compendium:
(1) Each Sports Wagering Operator shall at
			 all times maintain a level of staffing that ensures the proper operation and
			 effective supervision of all Sports Wagering.
(2) Each Category 1 Sports Wagering Operator
			 or Category 2 Sports Wagering Operator shall be required to employ a Sports
			 Wagering manager. The Sports Wagering manager shall be the executive assigned
			 the responsibility and authority for the supervision and management of Sports
			 Wagering employees in a Sports Wagering Area or Sports Wagering Facility,
			 including, without limitation, the hiring and termination of all Sports
			 Wagering employees within a Sports Wagering Area or Sports Wagering
			 Facility.
(3) The following
			 personnel shall be used to operate Sports Wagering in a Sports Wagering Area or
			 Sports Wagering Facility:
(a) Ticket Writers
			 shall be the Persons assigned the responsibility for the operation of a Ticket
			 Writer Station;
(b) Sports Wagering
			 supervisors shall be the first level supervisors assigned the responsibility
			 for directly supervising the operation of Sports Wagering in a Sports Wagering
			 Area or Sports Wagering Facility;
(c) Sports Wagering shift managers shall be
			 the second level supervisor with the responsibility for the overall supervision
			 of Sports Wagering in a Sports Wagering Area or Sports Wagering Facility for
			 each shift; and
(d) The Sports
			 Wagering department manager shall be the executive assigned the responsibility
			 and authority for the supervision and management of the overall operation of
			 the Operator's Sports Wagering Operation. In the absence of the Sports Wagering
			 department manager, the Sports Wagering shift manager shall have the authority
			 of the Sports Wagering department manager.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 238.00 - Additional Uniform Standards of Accounting Procedures and Internal Controls for Sports Wagering › Section 238.12 - Reserve Requirement

Current through Register 1525, July 5, 2024
(1) A system of
			 Internal Controls submitted by a Sports Wagering Operator in accordance with
			 205
			 CMR 238.02 shall include a plan to maintain
			 and protect sufficient cash and other supplies to conduct Sports Wagering at
			 all times through a reserve in the amount necessary to ensure the security of
			 funds held in Sports Wagering Accounts and the ability to cover the outstanding
			 Sports Wagering liability, including the amounts accepted by the Sports
			 Wagering Operator on Sports Wagers whose outcomes have not been determined and
			 amounts owed but unpaid on winning Sports Wagering tickets or vouchers. The
			 reserve may be in the form of Cash, Cash Equivalents, payment processor
			 reserves, payment processor receivables, an irrevocable letter of credit, a
			 bond, or a combination thereof; provided that the amount of the reserve
			 intended to cover the Sports Wagering liability must be in the form of, or
			 backed up by, an irrevocable letter of credit approved by the Commission and
			 which may be drawn by the Commission in the event of cessation of Sports
			 Wagering Operations in accordance with 205 CMR 258.00.
(2) A system of Internal Controls submitted
			 by a Sports Wagering Operator in accordance with
			 205
			 CMR 238.02 shall ensure funds in Sports
			 Wagering Accounts, including pending withdrawals, are either:
(a) Held in trust for the patron in a
			 Segregated Account managed in accordance with 205 CMR 248.00:
Sports
			 Wagering Account Management
;
(b) Held in the form of cash
			 reserves;
(c) Backed up by an
			 irrevocable letter of credit approved by the Commission; or
(d) A combination of the forms described in
			 205
			 CMR 238.12(2)(a) through
			 (c).
The amount held pursuant to
				205
				CMR 238.12 shall be an amount equal to 110%
				of the total funds held in Sports Wagering Accounts, as estimated and reported
				the most recent quarter of the Fiscal year.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 238.00 - Additional Uniform Standards of Accounting Procedures and Internal Controls for Sports Wagering › Section 238.13 - Complimentary Services or Items and Promotional Gaming Credits

Current through Register 1525, July 5, 2024
A system of Internal Controls submitted by a Sports Wagering
				Operator in accordance with
				205
				CMR 238.02 shall include a detailed
				complimentary distribution program consistent with
				205
				CMR 138.13:
Complimentary Services or
				Items and Promotional Gaming Credits
, and a description of its
				proposed use and distribution of promotional gaming credits, provided that
				Sports Wagering Operators shall not be required to provide the monthly invoices
				required by
				205
				CMR
				138.13(4).
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 238.00 - Additional Uniform Standards of Accounting Procedures and Internal Controls for Sports Wagering › Section 238.14 - Risk Management Framework

Current through Register 1525, July 5, 2024
(1) A Sports
			 Wagering Operator must implement risk management procedures. These procedures
			 may be provided in-house by a unit capable of performing this function with
			 appropriate segregation of functions and reporting duties, or by a licensed
			 Sports Wagering Vendor.
(2) A
			 system of Internal Controls submitted by a Sports Wagering Operator in
			 accordance with
			 205
			 CMR 238.02 shall contain a description of the
			 risk management framework, including, but not limited to:
(a) Automated and manual risk management
			 procedures;
(b) Employee
			 management, including access controls and segregation of duties;
(c) Information regarding identifying and
			 reporting fraud and suspicious conduct;
(d) Controls ensuring regulatory
			 compliance;
(e) Description of
			 Anti-Money Laundering (AML) compliance standards;
(f) Description of all software applications
			 that comprise the Sports Wagering Equipment;
(g) Description of all types of Sports Wagers
			 available to be offered by the Sports Wagering Operator;
(h) Description of the method to prevent
			 past-post Wagers from being placed;
(i) Description of all integrated third-party
			 platforms; and
(j) Any other
			 information which may be required by the Commission.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 238.00 - Additional Uniform Standards of Accounting Procedures and Internal Controls for Sports Wagering › Section 238.15 - Taxation Requirements

Current through Register 1525, July 5, 2024
(1) The Sports
			 Wagering Operator shall comply with all applicable tax laws and regulations
			 including, without limitation, laws and regulations applicable to tax
			 withholding, and providing information about payouts and with holdings to
			 taxing authorities and to patrons. A system of Internal Controls submitted by a
			 Sports Wagering Operator in accordance with
			 205
			 CMR 238.02 shall ensure compliance with all
			 Internal Revenue Service (IRS) requirements. The Sports Wagering Operator shall
			 make tax with holdings and provide tax and revenue reporting as required by the
			 IRS and Department of Revenue.
(2)
			 The Sports Wagering Operator shall disclose potential tax liabilities to
			 patrons at the time of award of any payout in excess of limits set by the IRS,
			 whether such payouts are made at a Gaming Establishment, Sports Wagering
			 Facility or
via
a Sports Wagering Platform. Such disclosures
			 shall include a statement that the obligation to pay applicable taxes on
			 payouts is the responsibility of the patron and that failure to pay applicable
			 tax liabilities may result in civil penalties or criminal liability. Upon
			 written request, the Sports Wagering Operator shall provide patrons with
			 summarized tax information on the patrons' Sports Wagering
			 activities.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 238.00 - Additional Uniform Standards of Accounting Procedures and Internal Controls for Sports Wagering › Section 238.16 - Bank Secrecy Act Compliance

Current through Register 1525, July 5, 2024
(1) A system of
			 Internal Controls submitted by a Sports Wagering Operator in accordance with
			 205
			 CMR 238.02 shall ensure compliance with all
			 provisions of The Bank Secrecy Act of 1970,
			 31 USC §§
									5311 to
			 5332, applicable to the operation
			 of Sports Wagering.
(2) A Sports
			 Wagering Operator shall, with regard to its Sports Wagering Operation, maintain
			 records related to its compliance with The Bank Secrecy Act of 1970,
			 31 USC §§
									5311 to
			 5332, including all currency
			 transaction reports, suspicious activity reports, and any supporting
			 documentation, for a minimum of five years. The Sports Wagering Operator shall
			 provide such records to the Commission and any appropriate law enforcement
			 agencies upon request consistent with the authorization prescribed in The Bank
			 Secrecy Act of 1970, 31 USC
			 §§
									5311 to
			 5332, and applicable
			 regulations.
(3) A Sports Wagering
			 Operator shall provide written notice to the Commission as soon as the Sports
			 Wagering Operator becomes aware of a compliance review that is conducted by the
			 Internal Revenue Service under The Bank Secrecy Act of 1970,
			 31 USC §§
									5311 to
			 5332, and involves or impacts the
			 Sports Wagering Operator's Sports Wagering Operation. The Sports Wagering
			 Operator shall provide a copy of the compliance review report or the equivalent
			 to the Commission within ten days of receipt of the report by the Sports
			 Wagering Operator.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 238.00 - Additional Uniform Standards of Accounting Procedures and Internal Controls for Sports Wagering › Section 238.17 - Anti-Money Laundering (AML) Monitoring

Current through Register 1525, July 5, 2024
A system of Internal Controls submitted by a Sports Wagering
				Operator in accordance with
				205
				CMR 238.02 shall implement AML procedures and
				policies that adequately address the risks posed by Sports Wagering for the
				potential of money laundering and terrorist financing. At a minimum, the AML
				procedures and policies shall provide for:
(1) Controls to assure ongoing compliance
			 with the local AML regulations and standards observed by the Commission
			 pursuant to M.G.L. c. 23K and 23N and 205 CMR;
(2) Up to date training of employees in the
			 identification of unusual or suspicious transactions;
(3) Assigning an individual or individuals to
			 be responsible for all areas of AML by the Sports Wagering Operator, including
			 reporting unusual or suspicious transactions;
(4) Use of any automated data processing
			 systems to aid in assuring compliance; and
(5) Periodic independent tests for compliance
			 with a scope and frequency as required by the Commission. Logs of all tests
			 shall be maintained and available for Commission inspection upon
			 request.