Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 633 - GAMBLING CONTROL BOARD › Chapter 51 - DEFINITIONS

Current through 2024-29, July 17, 2024
1. The following words and terms shall have
			 the following meanings unless the context indicates otherwise:
1. "ACH" means the Automated Clearing House
			 network maintained by Nacha that is a nationwide electronic fund transfer (EFT)
			 system that provides for the inter-bank clearing of electronic credit and debit
			 transactions and for the exchange of payment-related information among
			 participating financial institutions.
2. "Adjusted gross sports wagering receipts"
			 has the same meaning as set forth in
			 8 M.R.S.
			 §1202
3. "Adverse action" includes, but is not
			 limited to:
A. A condition placed upon an
			 applicant's license, or the operation of an applicant's gambling or
			 gambling-related business resulting from a finding of an administrative, civil
			 or criminal violation by any licensing or administrative agency, or a court, in
			 any jurisdiction in the United States or Canada;
B. A suspension or revocation of an applicant
			 or operator's license, by a licensing or administrative agency, or a court in
			 any jurisdiction in the United States or Canada, or
C. A voluntary surrender of a license by an
			 applicant or operator to avoid or resolve any civil, criminal, or other pending
			 administrative disciplinary action in any jurisdiction in the United States or
			 Canada.
4. "Affiliate"
			 means an individual or entity that promotes sport wagering websites in exchange
			 for a commission or fee.
5. "Age
			 and identity verification" means a method, system, or device used by a sports
			 wagering operator to verify the validity of a patron's age and the patron's
			 identity.
6. "AML" means anti-money
			 laundering.
7. "Authentication
			 process" means a method used by a system to verify the validity of
			 software.
8. "Bond'' means a bond
			 held in escrow for the purpose of maintaining adequate reserves to account for
			 losses suffered by an operator and owed to patrons and which cannot be released
			 without consent of the Director.
9.
			 "Cancelled wager" means a wager that has been cancelled due to any issue with a
			 sports event that prevents its occurrence or completion, or that otherwise
			 causes the wager to be unredeemable, or otherwise approved by the
			 Director.
10. "Card" means the list
			 of sports events from which a patron can make selections for a given
			 pool.
11. "Cheating" means:
A. Any action taken by any individual, group
			 of two or more individuals, entity, or group of entities that improves the
			 chances of winning or that alters or improves the chances of altering the
			 outcome of a wager or sporting event by deception, interference, or
			 manipulation or use of non-public information.
B. Any action taken by any individual, group
			 of two or more individuals entity, or group of entities that improves the
			 chances of winning or that alters the outcome or improves the chances of
			 altering the outcome or payout on a wager by use of any equipment, including
			 software pertaining to or used in relation to a sports wagering system's
			 equipment, used for or in connection with a wager or sports event on which
			 wagers are placed or are invited.
12. "Collegiate sports or athletic event" has
			 the same meaning as set forth in
			 8 M.R.S.
			 §1202(2).
13. "Combo license" means a license combining
			 a casino employee and a sports wagering employee license.
14. "Commissioner" has the same meaning as
			 set forth in
			 8 M.R.S.
			 §1202(3).
15. "Counter" means an area specified for the
			 use of wagering cashiers to accept and payout wagers.
16. "Department" has the same meaning as set
			 forth in 8
			 M.R.S.
			 §1202(4).
17. "Director" has the same meaning as set
			 forth in 8
			 M.R.S.
			 §1202(5).
18. "Dormant account" means a sports wagering
			 account which has had no patron-initiated activity for a period of one
			 year.
19. "Electronic sports" or
			 "e-sports" means competitions in which the players compete at video games in
			 organized events, at the professional or collegiate level.
20. "Event number" means a set of
			 alphabetical and/or numerical characters that correspond to a sports event or
			 an event ancillary to a sports event.
21. "Exchange wagering" means a form of
			 wagering in which two or more persons place identically opposing wagers in a
			 given market, allowing patrons to wager on both winning and non-winning
			 outcomes in the same event.
22.
			 "Facility operator" has the same meaning as set forth in
			 8 M.R.S.
			 §1202(6).
23. "Free bet" means a bet made by patrons
			 using non-cashable vouchers, coupons, electronic credits or electronic
			 promotions provided by sports wagering operators.
24. "Geolocation system" means a process or
			 system to detect the physical, geographical location of a patron when said
			 patron is attempting to access the wagering system and place a wager.
25. "Incompatible function" means a function
			 for accounting control purposes that places any person or department in a
			 position to both perpetrate and conceal errors or irregularities in the normal
			 course of his/her duties. Anyone recording transactions and having access to
			 assets ordinarily is in a position to perpetrate errors or irregularities.
			 Persons shall be deemed to have incompatible functions if such persons are
			 members of departments that have supervisors not independent of each
			 other.
26. "Institutional investor"
			 means
(a) a bank as defined in Section
			 3(a)(6)  of the
			 Federal Securities Exchange Act;
(b) an insurance company as defined in
			 Section 2(a)(17) of the
			 Investment Company Act of 1940, as amended;
(c) an investment company registered under
			 Section 8 of the Investment
			 Company Act of 1940, as amended;
(d) an investment advisor registered under
			 Section 203 of the
			 Investment Advisors Act of 1940, as amended;
(e) collective trust funds as defined in
			 Section 3(c)(11) of the
			 Investment Company Act of 1940, amended
(f) an employee benefit plan or pension fund
			 that is subject to the Employee Retirement Income Security Act of 1974, as
			 amended, excluding an employee benefit plan or pension fund sponsored by a
			 publicly traded corporation affiliated with a operator;
(g) a state or federal government pension
			 plan;
(h) a group comprised entirely
			 of persons specified in (a) through (g); or
(i) such other persons as the Director may
			 determine for reasons consistent with the public policies of the State of
			 Maine.
27. "Integrity
			 monitoring provider or system" means an independent individual, entity or
			 system licensed or approved by the Director through which an operator
			 identifies and reports suspicious wagering activity.
28. "Internal controls" mean the internal
			 procedures, administration, and accounting controls designed by the operator to
			 conduct sports wagering operations.
29. "Key personnel" has the same meaning as
			 set forth in
			 8 M.R.S.
			 §1204 (2) C.
30. "Layoff wager" means a wager placed by a
			 facility operator with another facility operator for the purpose of offsetting
			 patron wagers made pursuant to these sports wagering rules.
31. "License" has the same meaning as set
			 forth in 8
			 M.R.S.
			 §1202(7).
32. "Management services provider" is a
			 person or entity that has been issued a management services license by the
			 Director consistent with the statutory criteria in
			 8 M.R.S.
			 §§1209,
			 1204 and
			 1205.
33. "Mobile sports wagering" means a sports
			 wagering operation in which wagers on sports events are made through computers,
			 mobile devices or other approved interactive devices accepted through a
			 wagering system approved by the Director to operate mobile sports
			 wagering.
34. "Mobile operator" has
			 the same meaning as set forth in
			 8 M.R.S.
			 §1202(8).
35. "Multi-factor authentication" means a
			 type of authentication that uses two of the following to verify a patron's
			 identity:
A. Information known only to the
			 patron, such as a password, pattern, or answers to challenge
			 questions;
B. An item possessed by
			 a patron such as an electronic token, physical token or an identification card;
			 or
C. A patron's biometric data,
			 such as fingerprints, facial or voice recognition.
36. "Operator" has the same meaning as set
			 forth in 8
			 M.R.S.
			 §1202(9).
37. "Parlay wager" means a single wager that
			 incorporates two (2) or more individual bets for purposes of earning a higher
			 payout if each bet incorporated within the wager wins.
38. "Patron" means a person who is:
A. Twenty-one (21) years of age or
			 older;
B. Physically present in the
			 State of Maine when placing a wager:
C. Not prohibited from placing a wager under
			 the Maine Statute; and
D. Not a
			 prohibited sports wagering participant.
39. "Patron session" means a period of time
			 when a patron is logged on to a mobile sports wagering system.
40. ''Person" or "Persons" means an
			 individual, a group of individuals, a trust, corporation, or other business
			 entity.
41. "Pending wager account"
			 means the account maintained by a sports wagering system that holds the total
			 balance of all wagers pending disposition and all other funds attributable to
			 future sports events.
42. "Pool"
			 means a wagering or promotional offering where patrons may make selections of
			 outcomes on a set number of sports events on a card in order to enter for a
			 chance to win all or a portion of the prize pool.
43. "Prize pool" means the prizing available
			 for an individual pool.
44.
			 "Professional sports or athletic event" has the same meaning as set forth in
			 8 M.R.S.
			 §1202(10).
45. "Prohibited sports event" has the same
			 meaning as set forth in
			 8 M.R.S.
			 §1202(11).
46. "Prohibited sports wagering participant"
			 means any individual who is prohibited from making wagers as set forth in
			 8 M.R.S.
			 §1213, and those individuals described
			 below:
A. Any individual whose participation
			 may undermine the integrity of the wagering or the sports event or any person
			 who is prohibited from participating in sports wagering by the Director for
			 good cause shown;
B. Any individual
			 placing a wager as an agent or proxy;
C. Any individuals on the "unauthorized
			 persons" list under these sports wagering rules;
D. Any person who is an athlete, coach,
			 referee, player, or a referee personnel member in or on any sports event
			 overseen by that person's sports governing body based on publicly available
			 information;
E. A person who holds
			 a position of authority or influence sufficient to exert influence over the
			 participants in a sports event, including, but not limited to, coaches,
			 managers, handlers, and athletic trainers; a person with access to certain
			 types of exclusive information on any sports event overseen by that person's
			 sports governing body based on publicly available information; and
F. Any employee of the Gambling Control Unit
			 or a licensed facility or mobile operator.
47. "Prohibited wager" means a wager or an
			 attempted wager on any sports event or occurrence by any prohibited sports
			 wagering participant which is not permitted under Maine Statute or by these
			 sports wagering rules.
48.
			 "Promotional credit" means free plays, deposit matches, odds boosts, risk-free
			 bets, and any other bonus that an operator offers or gives to a patron as an
			 incentive to open an account or wager that shall not be accounted for against
			 taxable revenue.
49. "Proposition
			 (Prop) bet" means a wager made regarding the occurrence or nonoccurrence of an
			 event or circumstance during a sports event that is not dependent on the final
			 outcome of the sports event.
50.
			 "Rake" means the fee that is deducted by a sports wagering operator from entry
			 fees paid by patrons who participate in a pool.
51. "Rake adjustment" means an adjustment
			 made by the sports wagering operator to account for any shortfall in connection
			 with a pool.
52. "Secure
			 transaction file" means a file that contains data which cannot be modified
			 without detection.
53. 'shared
			 liquidity pool" means a wagering or promotional offering in Maine and at least
			 one other jurisdiction where patrons may make selections of outcomes on a set
			 number of sports events on a card in order to enter for a chance to win all or
			 a portion of the prize pool.
54.
			 'sOC-2 Type II" means an audit completed by an independent accounting and
			 auditing firm to review and examine an organization's control objectives and
			 activities and tested those controls to ensure that they are operating
			 effectively. SOC 2 Type II is based on internal controls, policies and
			 procedures, communications and monitoring to achieve security, availability,
			 integrity, confidentiality and privacy.
55. "Sports event" has the same meaning as
			 set forth in
			 8 M.R.S.
			 §1202(12) which does
			 not include horse racing.
56.
			 "Sports governing body" has the same meaning as set forth in
			 8 M.R.S.
			 §1202(13).
57. "Sports wagering" has the same meaning as
			 set forth in
			 8 M.R.S.
			 §1202(14).
58. "Sports wagering account" means an
			 account established by a mobile operator or a patron with a mobile operator for
			 an individual patron to use for mobile sports wagering.
59. 'sports wagering area" means an area(s),
			 as designated by an operator and approved by the Director, in which sports
			 wagering is conducted by a licensed facility operator.
60. 'sports wagering kiosk" means an
			 automated device used by patrons to make wagers on sports events; the kiosk may
			 also be used to obtain sports wagering information, process sports wagering
			 vouchers and sports wagering tickets, and any other automated functions
			 approved by the Director. All self-service sports wagering devices must be
			 located in an approved designated sports wagering area or other location as
			 approved by the Director.
61.
			 "Sports wagering manager" means a qualified management employee of the facility
			 operator, or a qualified management employee of a licensed management services
			 provider that has the power to exercise authority or direct management or
			 policies and procedures of a person or having power to exercise a significant
			 influence over decisions concerning the operations of sports
			 wagering.
62. "Sports wagering
			 system" means all equipment and software used in conjunction with the sports
			 wagering operation, including, but not limited to, the following:
A. Sports wagering interactive components,
			 including all hardware, software, and associated equipment that comprise the
			 sports wagering system for the purpose of authorizing sports wagering and
			 online and mobile sports wagering;
B. Self-service sports wagering
			 kiosks;
C. Ticket or voucher
			 redemption devices; or
D. Any other
			 device, service, or system that the Director determines to be related to the
			 sports wagering system.
63. "Sports wagering ticket" means a printed
			 record issued, or an electronic record maintained, by the sports wagering
			 system that evidences a sports wager.
64. 'sports wagering voucher" means a printed
			 record issued by a sports wagering system that may be used to fund a sports
			 wager or may be redeemable for cash according to house rules.
65. "Supplier(s)" means a type of person or
			 entity who holds a supplier license as defined in
			 8 M.R.S.
			 §1202(7)(C) and issued
			 consistent with
			 8 M.R.S.
			 §1208 and that fits any of the three
			 criteria below:
A. Provides goods and/or
			 services, directly or indirectly, to an operator in connection with sports
			 wagering, but does not accept wagers, including but not limited to the
			 following types of providers of goods and/or services:
i. Bookmakers,
ii. Geolocation providers,
iii. Identity and/or age verification service
			 providers,
iv. Risk management
			 providers or odds management providers,
v. Integrity monitoring providers,
vi. League data providers,
vii. Marketing affiliates, and
viii. Payment processors.
B. Directly interfaces or interacts with
			 sports wagering accounts or sports wagering systems and receives payment or
			 compensation based on a revenue sharing agreement in which the supplier
			 receives a percentage of the adjusted gross sports wagering receipts of any
			 operator; or
C. Provides any
			 services similar to those described above that are material to conducting
			 sports wagering.
66.
			 "Suspicious wagering activity" means unusual or abnormal wagering activity
			 which cannot be explained, made or attempted to be made by an agent or proxy
			 (i.e., messenger wagering) or is indicative of match fixing, the manipulation
			 of an event, misuse of inside information, sports corruption, cheating, theft,
			 embezzlement, collusion, money laundering or other prohibited
			 activity.
67. "Unit" means the
			 Gambling Control Unit within the Department of Public Safety.
68. ''Voided wager" means a wager voided by a
			 ticket writer with supervisor approval for a specified event within the
			 operator's system of internal controls.
69. "Wager" has the same meaning as set forth
			 in 8
			 M.R.S. §1202.