Kentucky Administrative Regulations › Title 809 - Public Protection Cabinet - Kentucky Horse Racing Commission › Chapter 10 - Technical Criteria › Section 809 KAR 10:007 - Responsible gaming and advertising

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 230
NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.260(15) requires
				the commission to "promulgate administrative regulations establishing a
				self-exclusion list for individuals who self-identify as being problem or
				compulsive gamblers."KRS 230.260(16) requires the commission to "promulgate
				administrative regulations to establish standards for the conduct of sports
				wagering." This administrative regulation establishes a self-exclusion list and
				responsible gaming programs for sports wagering participants.
Section 1. Self-Exclusion List.
(1) Each operator licensee shall develop a
			 commission-approved self-exclusion list for individuals who wish to be
			 temporarily or permanently excluded from gambling in the Commonwealth for any
			 reason, such as self-identification as problem or compulsive
			 gamblers.
(2) The commission shall
			 consider at least the factors established in paragraphs (a) through (d) of this
			 subsection in approving a self-exclusion list.
(a) The list shall include the names and
			 other identifying information of the individuals who have self-excluded from
			 sports wagering at a licensed premises and online via a licensee-specific Web
			 site, mobile application, or by phone.
(b) Each licensee shall display a notice to
			 the public of the existence of the self-exclusion list and the method or
			 methods individuals may use to self-identify at the licensed premises, online,
			 or by phone.
(c) The notice shall
			 be displayed at public entrances to the race and sports book location and on
			 the licensee's Web site or mobile application.
(d) The notice shall include information
			 about the consequences of self-exclusion.
(3) The notice and its placement locations
			 shall be approved by the racing commission. In approving the notice, the
			 commission shall consider the notice's visibility and any other relevant
			 factors.
(4) Each licensee shall
			 collect self-exclusion information from individuals who self-identify as
			 problem or compulsive gamblers.
(5)
			 The self-exclusion information collected shall include the individual's name,
			 address, date of birth, and other identifying information as established by the
			 racing commission in accordance with KRS 230.290.
(6) The licensee shall provide any
			 newly-collected self-exclusion information to the racing commission on an
			 as-needed basis, but at least weekly through the online portal.
(7) The commission shall compile and maintain
			 a comprehensive list of all voluntarily self-excluded persons.
(8) The comprehensive list shall include the
			 self-exclusion information provided by each licensee.
(9) The comprehensive list shall be provided
			 to all licensees and updated on an as-needed basis, but at least
			 monthly.
(10) Pursuant to KRS 61.878(1)(a) and KRS 230.260, information collected under this Section shall be
			 exempt from disclosure under the Kentucky Open Records Act, KRS 61.870 through
			 61.884.
(11) Self-exclusion
			 information shall be kept confidential and shall not be disclosed except as
			 necessary to enforce KAR Titles 809 and 810 or as required by law.
(12) Each licensee shall establish its own
			 self-exclusion policy. Each policy shall be approved by the racing commission
			 to ensure the best interests of sports wagering and compliance with KRS 230.260.
(13) The policy may cover
			 how the licensee chooses to exclude individuals on the self-exclusion list. The
			 policy may include identification and verification, forfeiture of prizes by
			 voluntarily excluded persons, security personnel, technology, employee
			 training, contractual obligations, or collaboration with other
			 licensees.
(14) Each licensee shall
			 review its self-exclusion policy at least once every two (2) years and amend it
			 as necessary to ensure:
(a) Compliance with
			 KAR Titles 809 and 810; and
(b) The
			 policy's effectiveness in achieving the purpose for which it is
			 established.