Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 633 - GAMBLING CONTROL BOARD › Chapter 52 - LICENSE APPLICATION, FEE AND RENEWAL › Section 633-52-1 - Sports Wagering Operators, Management Services Providers, Suppliers and Key Personnel

Current through 2024-29, July 17, 2024
1. A person or
				entity may not engage in any sports wagering activities in this State that
				require a license or any activities ancillary to activities for which a person
				or entity must hold a license under this chapter unless that person or entity
				has obtained all necessary licenses in accordance with Title 8, chapter 35 and
				these sports wagering rules.
2. An
				application for any type of license under these rules shall be submitted on
				forms issued by the Director and available on the Gambling Control Unit's
				website, in accordance with the requirements of Maine statute. The version of
				the application form on the Gambling Control Unit's website is the current
				form. Any applications submitted on any other version of the form will be
				deemed incomplete. The most current forms shall be used or returned as
				incomplete.
3. An eligible person
				or entity may submit an application provided by the Director for sports
				wagering activities. In addition to the information required by
				8 M.R.S.
				§§1204 -
				1210, all applicants must provide
				the following information:
A. The physical
				address of the applicant's principal place of business and the designated
				contact person for the applicant including an address, telephone number and
				email address for that contact;
B.
				Disclosure of ownership interests. A disclosure of the true ownership interests
				of the applicant as follows:
(1) The names,
				addresses, phone numbers, email addresses and dates of birth of the applicant's
				board of directors, corporate executives, directors, officers, key personnel
				and managers having the power to exercise influence over decisions concerning
				any part of the applicant's or operator's sports wagering or related business
				operations;
(2) The percentages of
				shares of stock, if any, held by each person named in subparagraph (1)
				above;
(3) For limited liability
				companies (hereinafter, "LLC"), including professional LLCs, provide the full
				name, address, date of birth and telephone number of each member of the LLC
				having an ownership interest of ten percent (10%) or more of the LLC. If the
				member is not a natural person, disclose the true ownership of the member (and
				successive levels of ownership, if necessary) until a natural person or another
				corporate entity is disclosed. If another corporate entity is disclosed,
				provide a complete disclosure of that corporate entity's ownership in
				accordance with the specific rules for that entity contained herein (and
				successive levels of ownership, if necessary);
(4) For general, limited, or limited
				liability partnerships, provide the full name, address, date of birth and
				telephone number of each partner having an ownership interest of ten percent
				(10%) or more of the partnership. If the partner is not a natural person,
				disclose the true ownership of the partner (and successive levels of ownership
				if necessary) until a natural person, or another corporate entity, is
				disclosed. If another corporate entity is disclosed, provide a complete
				disclosure of that corporate entity's ownership in accordance with the specific
				rules for that entity contained herein (and successive levels of ownership, if
				necessary);
(5) For a corporation,
				provide the full name, address, date of birth and telephone number of any
				natural person or entity having an ownership interest of ten percent (10%) or
				more of the outstanding shares of the corporation. If a corporate entity is
				disclosed, provide a complete disclosure of that corporate entity's ownership
				in accordance with the specific rules for that entity contained herein (and
				successive levels of ownership, if necessary);
(6) Any institutional investor having a (10%)
				or more ownership interest in the applicant shall provide to the Director a
				sworn-to affidavit executed by an institutional officer who can bind the entity
				that the institutional investor has no influence over the day-to-day sports
				wagering operations of the applicant; and
(7) The names, addresses, employer
				identification numbers, social security numbers, and dates of birth, as
				applicable, of each individual, group of individuals, trust or business entity
				associated with an applicant, including, but not limited to, a holding company,
				parent company, or subsidiary company of the applicant that has the ability to
				control the activities of the applicant or elect a majority of the board of
				directors or select the manager or general partner of the applicant.
C. A notarized affirmation and
				consent and authorization to release information about the applicant necessary
				to complete a background check;
D.
				Copies of the applicant's audited financial statements for the preceding three
				(3) fiscal years and a copy of internally prepared financial statements for the
				current fiscal year as of the close of the most recent fiscal quarter by a
				Certified Public Accountant in accordance with generally accepted accounting
				principles and applicable state and federal law. If an applicant has audited
				financial statements prepared at the parent company level, the applicant shall
				include with its audited consolidated financial statements a supplement I
				schedule (either audited or unaudited) of the operator applicant's sports
				wagering operations and an attestation from the operator applicant's Certified
				Public Accountant that the applicant has implemented procedures to accurately
				report its adjusted sports wagering receipts from sports wagering operations in
				Maine;
E. A copy of the Certificate
				of Authority to do business in the State of Maine, if the applicant is
				incorporated outside of Maine;
F.
				Copies of any trade name registrations filed by or under which the applicant
				conducts any business activities;
G. Copies of applicant's State and Federal
				returns for a period of three (3) fiscal years;
H. Copies of declaration pages of all
				insurance policies insuring the applicant and/or premises in Maine;
I. If the applicant is a corporation, annual
				reports and SEC filings, if any, for the past three (3) years;
J. A list of all jurisdictions where the
				applicant has:
(1) Applied for a sports
				wagering or any other gaming license;
(2) Been issued a sports wagering or any
				other gaming license;
(3) Been the
				subject of a law enforcement or government subpoena, cease and desist letter,
				attorney general or government legal opinion, or other correspondence regarding
				any non-routine law enforcement or government investigation concerning conduct
				related to gambling operations (including casino gaming, horse racing, dog
				racing, pari-mutuel pools, lottery, sports wagering, fantasy contests, esports,
				igaming, etc.);
(4) Had any sports
				wagering or gaming license denied, suspended, or revoked; and
(5) The current status of any such adverse
				actions and copies of such documents relating to (3) or
				(4);
K. A copy of the
				final order of all civil judgments rendered against the applicant, any person
				identified in (B) above, or others individually described by subparagraphs J
				(2), (3), or (4) above, including those judgments pertaining to antitrust or
				security regulation laws of the federal government, of the State of Maine or of
				any other state, jurisdiction, province, or country;
L. A full copy of the applicant's most recent
				SOC-2 Type II audit authenticated by the entity that performed the assessment;
				and verification that a SOC 2 Type II audit shall be completed on an annual
				basis and results shall be submitted to the Director within 10 days of
				completion. An assessment must be completed as part of the initial
				application;
M. The applicant's
				minimum internal controls as required under chapter 53 herein for approval by
				the Director;
N. An organizational
				chart listing all sports wagering employee positions and their job
				descriptions. Members of the board of directors are not required to be included
				on the organizational chart;
O. A
				completed Gambling Control Unit form MGCU-8100 with notarized affirmation and
				consent and authorization to release information to complete a criminal
				background check on: any officer or director of the applicant; and any partner
				or shareholder who has the ability to control the activities of the applicant
				in the sports wagering facility or mobile operator, management services
				provider or supplier;
P. Management
				services providers provide information, resumes, documentation, references,
				written testimony and other assurances required to establish that the applicant
				has sufficient business ability and sports wagering experience to create and
				maintain a successful and efficient sports wagering operation in Maine;
				and
Q. Any other information the
				Director requests that is necessary for their determination of the suitability,
				honesty and integrity of the applicant.