Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 233.00 - Sports Wagering Voluntary Self-exclusion › Section 233.06 - Responsibilities of the Sports Wagering Operator

Current through Register 1525, July 5, 2024
A Sports Wagering Operator shall have the same responsibilities
				relative to the administration of the voluntary self-exclusion list as gaming
				licensees have pursuant to
				205
				CMR 133.06(3) through (6) and
				(7)(b). An individual on the self-exclusion
				list shall have the same rights as those provided under
				205
				CMR 133.06(7)(b). A Sports
				Wagering Operator shall also have the following responsibilities relative to
				the administration of the voluntary self-exclusion list:
(1) A Sports Wagering Operator shall eject
			 from or refuse entry into the Sports Wagering Area or Sports Wagering Facility
			 any individual on the voluntary self-exclusion list;
(2) A Sports Wagering Operator shall not
			 accept any Sports Wager from an individual on the voluntary self-exclusion list
			 attempts to place;
(3) A Sports
			 Wagering Operator shall promptly notify the Commission, or its designee, if an
			 individual on the voluntary self-exclusion list is found in the Sports Wagering
			 Area or Sports Wagering Facility, or attempting to place a Sports
			 Wager;
(4) A Sports Wagering
			 Operator shall not pay any winning derived from Sports Wagering to an
			 individual who is prohibited from Sports Wagering by virtue of having their
			 name on the voluntary self-exclusion list in accordance with
			 205 CMR
			 233.00. Winnings derived from Sports Wagering shall
			 include, but not be limited to, such things as proceeds derived from wagering
			 on a Sports Wagering Kiosk. When reasonably possible, the Sports Wagering
			 Operator shall confiscate in a lawful manner or shall refuse to pay, or shall
			 notify a Commission agent who shall confiscate in a lawful manner, any such
			 winnings derived from Sports Wagering or any money or thing of value that the
			 individual has converted or attempted to convert into a wagering instrument
			 whether actually wagered or not. A wagering instrument shall have the same
			 meaning as that term is defined in
			 205
			 CMR 133.06(7)(a)  and shall
			 also include electronic credits on a Sports Wagering Kiosk. The monetary value
			 of the confiscated winnings or wagering instrument shall be paid to the
			 Commission for deposit into the Sports Wagering Fund within 45 days;
(5) In cooperation with the Commission, and
			 where reasonably possible, the Sports Wagering Operator shall determine the
			 amount wagered and lost by an individual who is prohibited from Sports
			 Wagering. The monetary value of the losses shall be paid to the Commission for
			 deposit into the Sports Wagering Fund within 45 days;
(6) A Sports W agering Operator shall submit
			 a written policy for compliance with the voluntary self-exclusion program for
			 Commission approval at least 30 days before the Sports Wagering Operator begins
			 accepting bets from individuals participating in Sports Wagering from
			 Massachusetts. The Commission shall review the plan, and if approved, the plan
			 shall be implemented and followed by the Sports Wagering Operator. The plan for
			 compliance with the voluntary self-exclusion program shall include at a minimum
			 those procedures provided under
			 205
			 CMR 133.06(9)(a) through (f)
			 and 205 CMR
			 251.00. If the plan is not approved, the Commission
			 may withhold issuance of an Operations Certificate until the Sports Wagering
			 Operator has submitted a new policy that is approved by the
			 Commission.
(7) The Commission
			 shall review each Sports Wagering Operator's written policy at least once a
			 year.
(8) If a Sports Wagering
			 Operator amends its written policy prior to the Commission's annual review, the
			 Sports Wagering Operator shall submit an amended written policy for Commission
			 approval within 30 days of amending the written policy. The Sports Wagering
			 Operator shall not implement the amended written policy until the Commission
			 approves the amended written policy. While the Commission reviews the amended
			 written policy, the Sports Wagering Operator shall continue to implement the
			 written policy most recently approved by the Commission.
(9) A Sports Wagering Operator shall notify
			 the Commission within ten days if an employee or agent fails to exclude or
			 eject from its premises, or fails to reject or block an attempted Sports Wager,
			 from any individual on the voluntary self-exclusion list, or otherwise fails to
			 perform its obligation set forth in
			 205
			 CMR 233.06, including any provision of its
			 approved written policy for compliance with the voluntary self-exclusion
			 program.