Current through Register Vol. 49, No. 9, September, 2024
20.010
Definitions. As used in
this Rule:
1. "Account wagering system" means
a system of wagering using telephone, computer or other method of wagering
communication as approved by the Commission, including mobile applications and
other digital platforms that utilize communications technology, whose
components shall be located in this State. The components shall include, but
not be limited to, the systems operator, permanent information databases,
system monitoring equipment, writers, and patron service
representatives.
2. "Book" means a
race book or sports pool licensed and approved pursuant to Amendment 100 and
this Rule.
3. "Call center system"
means a computerized system, or a component of such a system, that is used to
receive and transmit wagering instructions from a patron to a licensed book.
The call center system is located within Arkansas but off the premises of a
licensed gaming establishment or any affiliated licensed gaming
establishment.
4. "Cash" means coin
and currency that circulates, and is customarily used and accepted as money, in
the issuing nation.
5. "Central
site book" means a book which, for the purpose of wagering communications, may
allow other licensed books to establish wagering or credit accounts, accept
deposits on accounts and return funds or close out accounts for the central
site. Such other licensed books:
(a) Must be
outstation or satellite books of the central site, as defined in this Rule, or
must be affiliates of the central site; and
(b) Must have on-line, real-time access to
the appropriate functions of the central site's computerized bookmaking
system.
6. "Commission"
means the Arkansas Racing Commission or the Commission's designee.
7. "Communications technology" means the
methods used and the components employed to facilitate the transmission of
information including, but not limited to, transmission and reception systems
based on wire, cable, radio, microwave, light, optics, or computer data
networks. The term does not include the Internet.
8. "Internet" means the international
computer network of both Federal and non-Federal interoperable packet switched
data networks.
9. "Key employee"
means an employee in any of the classes described in these Rules.
10. "Messenger bettor" means a person who
places a race book or sports pool wager for the benefit of another for
compensation.
11. "Nonpari-mutuel
wager" means a race book or sports pool wager other than one offered to be
included in a common pari-mutuel pool.
12. "Operator of a call center" means a
person who, as an agent of a licensed Arkansas book, engages in the business of
operating a call center system as a means of providing patron services to
assist a patron located in this state to convey wagering instructions to one or
more licensed Arkansas books. An operator of a call center does not accept
wagers. A licensed Arkansas book operating a call center on the premises of
their gaming establishment or any affiliated licensed gaming establishment,
with participation limited to affiliated licensed gaming establishments, is not
an operator of a call center.
13.
"Outstation book" means a book, other than a satellite book, that shares the
computerized bookmaking system and certain management or administrative
functions of a book operated by an affiliated licensee.
14. "Payout" means the total payment due on a
winning wager whether or not:
(a) The patron
collects the total payment due at one time;
(b) All or a portion of the payment due is
made in the form of cash, chips, or other form of payment; or
(c) All or a portion of the payment due is
used by the patron to place another wager.
15. "Post time" means, unless an earlier time
is required by regulation in the state where the race is run:
(a) For users of live broadcasts and for
buyers of audible announcements of post time from disseminators of live
broadcasts, the later of either the time when the disseminator transmits an
audible announcement of the post time, or when the race is started by, as
applicable, the opening of the gates and/or box, the starting gate car begins
to close its arms, or such other method used by the track and administratively
approved by the Commission.
(b) For
races broadcast live on a national television network for which an agreement
has been reached with a disseminator to provide an audible announcement of post
time, that time when the disseminator relying upon information obtained
independently of the television broadcast, transmits an audible announcement of
post time which must be no later than when the race is started by, as
applicable, the opening of the gates and/or box, the starting gate car begins
to close its arms, or such other method used by the track and administratively
approved by the Commission.
(c) For
licensed race books that, pursuant to an agreement with a licensed systems
operator, use a computerized bookmaking system that allows the systems operator
to close wagering via electronic remote access, that time when the race is
started by, as applicable, the opening of the gates and/or box, the starting
gate car begins to close its arms, or such other method used by the track and
administratively approved by the Commission, as determined by the systems
operator through information the systems operator independently receives from a
disseminator, Licensee or franchise holder.
(d) Except as provided in these Rules, not
later than 2 minutes before the scheduled post time as announced by the
disseminator, Licensee or franchise holder.
16. "Race book" means a business that accepts
wagers on horse or other animal races. A casino licensee that is also a
franchise holder may elect to have its race book operations relating to
pari-mutuel wagering on horse and greyhound racing regulated and governed by
the Arkansas Horse Racing Law at Ark. Code Ann. §§
23-110-101 et
seq. or the Arkansas Greyhound Racing Law at Ark. Code Ann. §§
23-111-101 et
seq., respectively, and rules promulgated by the Commission thereunder and not
by these Rules.
17. "Satellite
book" means a book that has been licensed pursuant to the provisions of these
Rules.
18. "Secure personal
identification" means a secure personal identification as that term is defined
in these Rules.
19. "Sports pool"
means a business that accepts wagers on sporting events or other events, other
than horse or other animal races.
20. Wagering account" means a wagering
account as that term is defined in these Rules.
21. "Wagering communication" means the
transmission of a wager between a point of origin and a point of reception by
aid of a communications technology, including computers or mobile application
on mobile devices or other approved interactive devices approved by the
Commission.
22. "Wagering
instructions" means the instructions given to an operator of a call center by a
patron who maintains a wagering account at a book to effect a wagering
communication to the book.
20.020
License required;
applications.
1. No person may operate
or own any interest in a race book or sports pool in Arkansas unless that
person holds a Casino license.
2.
Authorization to operate a race book or a license to operate a sports pool
occurs immediately upon adoption of rules and regulations required by Amendment
100.
3. Each application for
authorization by a licensee must be accompanied by an internal control system
prepared and submitted in accordance with these Rules.
20.032
Finding of suitability required
to operate a call center; applications.
1. A person shall not function as the
operator of a call center unless the person has been found suitable pursuant to
these Rules and Arkansas law to operate a call center under these
Rules.
2. Applications for a
finding of suitability to function as the operator of a call center must be
made, processed, and determined using such forms as the Commission may require
or approve.
20.037
Employees of an operator of a call center. Any employee of an
operator of a call center who fulfills the function of receiving and
transmitting wagering instructions and any employee supervising this function
is a gaming employee and subject to the provisions of these Rules.
20.040
Reserve requirements.
1. Notwithstanding the minimum reserve
requirements established for wagering accounts pursuant to these Rules, each
book shall comply with the following to calculate the minimum reserve
requirements:
(a) Each book shall at all times
maintain a reserve of not less than the greater of $25,000 or the sum of the
following amounts:
(1) Amounts held by the
book for the account of patrons;
(2) Amounts accepted by the book as wagers on
contingencies whose outcomes have not been determined; and
(3) Amounts owed but unpaid by the book on
winning wagers through the period established by the book for honoring winning
wagers.
(b) Before
beginning operations, each newly-licensed book must establish a reserve of at
least the greater of $25,000 or the amount the Commission projects will at
least equal the sum of the amounts specified in subparagraphs (1), (2), and (3)
of subsection 1(a) at the end of the first week of the book's operation. After
the book begins operations, the book's reserve must comply with subsection
1.
2. The reserve
described in subsection 1 may be combined as a single amount for a book and its
satellite books.
20.050
Issuance and control of betting tickets.
1. Immediately upon accepting a wager, other
than an account wager, the book shall create a betting ticket on which the
terms of the wager are written.
2.
Betting tickets must bear the name and address of the book.
20.055
Remote / Off premises
wagers prohibited.
Licensees / books shall not accept wagers from any person who
is not physically present on the Licensee's / franchise holder's premises.
However, patrons may place wagers, and franchise holders may accept such
wagers, on horse and greyhound races pursuant to Ark. Code Ann. §
23-111-508(e)(1)
and Ark. Code Ann. §
23-110-405(e)(1).
20.060
Acceptance of
wagers.
1. Books may not accept wagers
unless made with cash, chips or other representatives of value approved by the
Commission, or against credits made to a wagering account as provided for in
these Rules or on credit extended in accordance with the Rules of the
Commission. A book shall accept wagers only on its licensed premises, and only
at betting stations approved by the Commission or through an account wagering
system that has been approved by the Commission. The casino licensee may
utilize kiosks for wagering transactions in conjunction with an approved system
in a location approved by the Commission. On a daily basis, an operator of a
book shall remove the bill validator boxes in the kiosks (the sports pool kiosk
drop). The sports pool kiosk drop shall be monitored and recorded by
surveillance. The casino licensee shall submit the sports pool kiosk drop
schedule to the Commission. The casino licensee's accounting department shall
reconcile the kiosks on a daily basis pursuant to internal controls. Any
variance of $ 500.00 or more shall be documented by the accounting department
and reported in writing to the Commission within 72 hours of the end of the
gaming day during which the variance was discovered. The report shall indicate
the cause of the variance and shall contain any documentation required to
support the stated explanation. All kiosks must satisfy all MICS requirements
and be detailed in the casino licensee's internal controls approved by the
Commission.
2. A book shall not
knowingly accept money or its equivalent ostensibly as a wager upon an event
whose outcome has already been determined. A licensed sports pool shall not
accept a wager on an event unless the date and time at which the outcome of the
event is determined can be confirmed from reliable sources satisfactory to the
Commission or from records created and maintained by the book in such manner as
the Commission may approve.
3.
Licensed sports pools may accept wagers, including parlay card wagers, as to
which of the participating contestants will win specified sports events and as
to whether the total points scored in a specified game, match, or similar
sports event will be higher or lower than a number specified for that event.
Licensed sports pools shall not accept wagers, including parlay card wagers, on
other contingencies unless their outcomes are reported in newspapers of general
circulation or in official, public records maintained by the appropriate league
or other governing body, or unless the pertinent sports events are televised
live at the book and a book employee other than a betting ticket writer
monitors the telecast, records the occurrence of the pertinent events and
contingencies simultaneously with their occurrence, and records the time of
their occurrence.
4. No book or
agent or employee of a book may accept a wager from a person who the book,
agent, or employee knows or reasonably should know is a messenger bettor or is
placing the wager in violation of state or federal law.
5. No book may hold a patron's money or its
equivalent on the understanding that the book will accept the money as a wager
only upon the occurrence of a specified, future contingency, unless a betting
ticket documenting the wager and contingency is issued immediately when the
book receives the money or its equivalent.
6. A race book or sports pool may not accept
wagers on a race or sporting event unless the wagering proposition is posted.
Propositions may be posted by electronic or manual means, including printed
media. If posted propositions are not updated simultaneously with actual
changes to the propositions, an announcement, audible throughout the race book
or sports pool, must be made simultaneously with the actual changes followed by
updating the posted propositions within a time specified in the house
rules.
20.061
Wagers and payouts in excess of $10,000.
1. Prior to accepting any nonpari-mutuel
wager in excess of $10,000 or making a payout in excess of $10,000 on a
nonpari-mutuel winning wager the book shall:
(a) Obtain the patron's name;
(b) Obtain the patron's permanent
address;
(c) Obtain the patron's
social security number or passport number;
(d) Obtain one of the following
identification credentials from the patron;
(1) Driver's license;
(2) Passport;
(3) Non-resident alien identification
card;
(4) Other reliable government
issued identification credentials; or
(5) Other picture identification credential
normally acceptable as a means of identification when cashing checks;
and
(e) Examine the
identification credential obtained to verify the patron's name and the accuracy
of the information obtained pursuant to paragraphs (b) and (c).
2. Prior to accepting a
nonpari-mutuel wager in excess of $10,000 or making a payout in excess of
$10,000 on a nonpari-mutuel winning wager, if a book knows a person is placing
a wager or receiving a payout allowed by the Arkansas Code and these Rules on
behalf of another person, the licensee shall obtain and record the information
required by paragraphs (a) through (e) of subsection 1 with respect to all
persons placing the wager or receiving the payout, and the licensee shall
reasonably attempt to obtain and, to the extent obtained, shall record the
information required by paragraphs (a) through (e) of subsection 1 with respect
to all persons for whom the wager was placed or the payout received.
3. Subsequent to accepting a nonpari-mutuel
wager in excess of $10,000 or making a payout in excess of $10,000 on a
nonpari-mutuel winning wager the book shall record or maintain records that
include:
(a) The patron's name and, if
applicable, the agent's name;
(b)
The patron's address and, if applicable, the agent's address;
(c) The patron's social security number and,
if applicable, the agent's social security number;
(d) A description including any document
number of the identification credential examined and, if applicable, for the
agent;
(e) The amount of the wager
or payout;
(f) Window number or
other identification of the location where the wager or payout
occurred;
(g) The time and date of
the wager or payout;
(h) The names
and signatures of the book employees accepting or approving the wager and
payout on the wager; and
(i) Any
other information as required by the Commission.
A book shall not implement alternative procedures to comply
with this subsection without the written approval of the Commission.
4. Each book shall
report the wagers or payouts required to be recorded pursuant to this section
on a "Book Wagering Report," a form published or approved by the Commission
that includes, but is not limited to:
(a) The
patron's and agent's (if applicable) name;
(b) The patron's and agent's (if applicable)
government issued identification credential information;
(c) The patron's and agent's (if applicable)
social security number;
(d) Wager
and payout amounts; and
(e) Date of
transactions.
Reports shall be submitted to the Commission no later than 15
days after the end of the month of the occurrence of the transaction and in
such manner as the Commission may approve or require. Each book shall file an
amended report if the licensee obtains information to correct or complete a
previously submitted report, and the amended report shall reference to the
previously submitted report. Each book shall retain a copy of each report filed
for at least 5 years unless the Commission requires retention for a longer
period of time.
20.062
Multiple wagers.
1. A book and its employees and agents shall
not knowingly allow, and each book shall take reasonable steps to prevent, the
circumvention of these Rules by multiple wagers within its designated 24-hour
period with a patron or a patron's agent or by the use of a series of wagers
that are designed to accomplish indirectly that which could not be accomplished
directly. As part of a book's efforts to prevent such circumventions relative
to these Rules a book shall establish and implement wagering multiple
transaction logs.
2. Each book
shall record in a wagering multiple transaction log all nonpari-mutuel wagers
in excess of $5,000, or in smaller amounts that aggregate in excess of $5,000
when any single officer, employee, or agent of the book has actual knowledge of
the wagers or would in the ordinary course of business have reason to know of
the wagers between the book and a patron or a person who the book knows or has
reason to know is the patron's confederate or agent. This record shall be made
for nonpari-mutuel wagers occurring during a designated 24-hour period, within
a monitoring area.
3. Each log
entry in a wagering multiple transaction log shall be made by the employee
accepting or approving the wager, immediately after accepting the wager, and
shall include at a minimum:
(a) Description of
the patron (or agent), which may include such identifiers as age, sex, race,
eye color, hair, weight, height and attire, if the person is present when the
wager is accepted;
(b) Patron's
name and agent's name, if known;
(c) Window number or other identification of
the location where the wager occurred;
(d) Time and date of the wager;
(e) Dollar amount of the wager; and
(f) Signature or electronic signature of
person accepting or approving the wager.
One log shall be maintained for each monitoring area, for each
designated 24-hour period. A log is completed for each 24-hour period
regardless of whether any nonpari-mutuel wagers occurred. At the conclusion of
each designated 24-hour period, the last entry on a log which is recorded
manually shall be an indication that the end of the designated 24-hour period
has occurred. A book shall not implement alternative procedures or records to
comply with this subsection without the written approval of the
Commission.
4.
Each book shall aggregate all nonpari-mutuel wagers in excess of $5,000 or
smaller amounts when any single officer, employee, or agent of the book has
actual knowledge of the wagers or would in the ordinary course of business have
reason to know of the wagers between the book and a patron or a person who the
book knows or has reason to know is the patron's confederate or agent during a
designated 24-hour period within a monitoring area.
5. Before completing a wager that, when
aggregated with other wagers pursuant to subsection 4, will aggregate to an
amount that will exceed $10,000, the book shall complete the identification and
recordkeeping requirements described in these Rules. When aggregated wagers
exceed $10,000, the book shall complete the recording and reporting
requirements of these Rules.
6. If
a patron places a wager that pursuant to subsection 4 is to be aggregated with
previous wagers for which a record has been completed pursuant to these Rules,
the book shall complete the identification, recordation and reporting
procedures described in these Rules for any additional wager regardless of
amount occurring during a designated 24-hour period.
7. As used in this section:
(a) "Designated 24-hour period" means the
24-hour period ending at midnight each day unless otherwise approved by the
Commission.
(b) "Monitoring area"
means all race book and sports pool writing locations unless otherwise approved
by the Commission.
20.063
Structured wagers.
1. A book, its officers, employees or agents
shall not encourage or instruct the patron to structure or attempt to structure
wagers. This subsection does not prohibit a book from informing a patron of the
regulatory requirements imposed upon the book, including the definition of
structured wagers.
2. A book, its
officers, employees or agents shall not knowingly assist a patron in
structuring or attempting to structure wagers.
3. As used in this section, "structure
wagers" or "structuring wagers" means to willfully conduct or attempt to
conduct a series of wagers in any amount, at one or more books, on one or more
days in any manner as to willfully evade or circumvent the recording and
reporting requirements of these Rules. The wager or wagers need not exceed the
dollar thresholds in these Rules at any single book in any single day in order
to constitute structuring within the meaning of this definition.
20.065
Imposition of
supplemental recordkeeping and reporting requirements. The Commission
may require a book to comply with the identification, recordkeeping, and
reporting requirements of Rules 20.061 and 20.062 for pari-mutuel wagers. The
Commission shall notify the book of the decision, in writing, and such decision
shall be considered an administrative decision, and therefore reviewable
pursuant to the procedures set forth in these Rules.
20.080
Payment of winning
wagers.
1. Except as otherwise provided
in this subsection, books shall make payment on a winning wager to the person
who presents the patron's copy of the betting ticket representing the wager. A
book need not make payment to a person who the book or an agent or employee of
the book knows is not the person to whom the patron's copy was issued. A book
shall not make payment on a winning wager to a person who the book or its agent
or employee knows or reasonably should know is collecting the payment on behalf
of another for monetary consideration or in violation of federal law. A book
may withhold payment of a winning wager if the patron refuses to supply
identification or any other documentation required by state or federal
law.
2. Presentment of the betting
ticket and payment of the winning wager may be made at an affiliated book
provided that:
(a) An adequate accounting of
the payment is kept for 5 years by both books; and
(b) The payout is properly included in the
computation of gross revenue of the licensee that initially accepted the
wager.
3. Books shall
honor winning betting tickets for 30 days after the conclusion of the event
wagered upon unless a longer period is established by the book. The book shall
state the redemption period on each betting ticket, in house rules and on
notices conspicuously placed about the licensed premises. Payment by mail may
be made only after presentment of the betting ticket and all identification
information and documentation required by state or federal law, and must be
made not later than 10 days after presentment. A book may accept a photocopy of
a driver license or passport in lieu of an actual driver license or passport
when presentment of the betting ticket is made by mail. Books shall maintain
the information and documentation presented for a period of 5 years.
4. A licensed race book shall determine the
winners of or payouts on wagers on horse and other animal races only with
information the book receives from licensed disseminators pursuant to these
Rules.
20.090
Parlay card wagers.
1. As used in
this section, "parlay card wager" means a wager on the outcome of a series of 3
or more games, matches, or similar sports events or on a series of 3 or more
contingencies incident to particular games, matches or similar sports
events.
2. Each sports pool that
offers to accept parlay card wagers shall fully, accurately, and unambiguously
disclose on all parlay card wagering forms:
(a) The amounts to be paid to winners or the
method by which such amounts are to be determined and, if the sports pool
limits payouts to an aggregate amount under subsection 3, the aggregate amount
and the establishments to which it applies.
(b) The effect of ties.
(c) The minimum and maximum betting limits,
if any.
(d) The procedure for
claiming winnings, including but not limited to the documentation players must
present to claim winnings, time limits, if any, for claiming winnings, whether
winnings may be claimed and paid by mail and, if so, the procedure for claiming
winnings by mail.
(e) The effects
of an event wagered on not being played on the date specified and of other
events that will cause selections to be invalid.
(f) The requirement that a parlay card wager
must consist of at least three selections that have not become invalid under
applicable house rules or the wager will be void and the money wagered will be
refunded.
(g) The rights, if any,
reserved by the sports pool, including but not limited to reservation of the
right to refuse any wager or delete or limit any selection prior to the
acceptance of a wager, or to withhold payouts of specified amounts until the
outcome of each proposition offered by the parlay card has been
determined.
(h) The requirement
that the point spreads printed on the parlay card wagering form when the wager
is accepted will be used to determine the outcomes of the wagers.
(i) That the sports pool's house rules apply
to parlay cards unless otherwise stated on the parlay card wagering
form.
3. As used in this
subsection, "parlay card" means a wagering form offering exactly the same
propositions on exactly the same terms.
(a) A
sports pool, a sports pool and its outstation books, or a sports pool and its
satellite books may limit the aggregate amount to be paid to winners on a
parlay card in proportion to the amounts won, provided that the aggregate limit
must not be less than the amount disclosed on the parlay card (the "base
amount") plus twice the amount wagered on the parlay card at all establishments
to which the aggregate limit applies.
(b) When a sports pool knows or reasonably
should know that actual payouts on a parlay card will be limited by an
aggregate amount established under paragraph (a), the sports pool shall cease
accepting wagers and making payouts on the parlay card. After the outcome of
the final game, match, or event covered by the parlay card has been determined,
the sports pool shall pay each winner at least that proportion of the payout
amount stated on the parlay card that the aggregate limit bears to total
payouts (including payouts made prior to the suspension of payouts) that would
otherwise have been made but for the limit.
(c) When a book ceases accepting wagers and
making payouts on a parlay card under paragraph (b), the book may accept wagers
on the parlay card on those propositions whose outcomes have not been
determined if the parlay card, patron receipts, and related documentation are
distinguishable from the card, receipts, and documentation as to which the book
has ceased accepting wagers, in which case the parlay card shall be considered
a different parlay card for purposes of this subsection.
(d) If a book pays the winner of a parlay
card wager more than 10 percent of the base amount established under paragraph
(a) before the outcome of every proposition offered by the parlay card has been
determined, the book must pay every winner of a wager on that parlay card the
proper payout amount stated on the parlay card in full and without regard to
any aggregate limit established under paragraph (a).
(e) In specific cases the Commission may
waive or impose requirements more restrictive than the requirements of this
subsection.
4. Prior to
adopting or amending parlay card rules, a book shall submit such rules to the
Commission for approval.
20.100
Computerized bookmaking
systems. Before beginning operations, each book shall install and
thereafter maintain a computerized bookmaking system meeting the specifications
approved by the Commission.
20.110
Layoff bets. Books may accept wagers placed by other books. Books
may place wagers only with other books. A book that places a wager shall inform
the book accepting the wager that the wager is being placed by a book and shall
disclose its identity.
20.115
Prohibition against rescission of wagers. A book may not
unilaterally rescind any wager without the prior written approval of the
Commission.
20.120
Prohibited
wagers; exception for an event other than a horse race, greyhound race, or an
athletic sports event.
1. No wagers may
be accepted or paid by any Licensee / book unless the person making the wager
is physically present on the Licensee's / franchise holder's premises, except
pursuant to Ark. Code Ann. §
23-111-508(e)(1)
or Ark. Code Ann. §
23-110-405(e)(1),
and further, no wagers may be accepted or paid by any Licensee / book on:
(a) Any amateur sport or athletic event other
than;
(1) Olympic sporting or athletic events
sanctioned by the International Olympic Committee, subject to limitation by the
Commission or the Commission's designee in the Commission's sole and absolute
discretion, and
(2) Collegiate
sporting or athletic events;
(b) Any collegiate sport or athletic event
which the licensee knows or reasonably should know, is being placed by, or on
behalf of a coach or participant in that collegiate event. Each licensee shall
take reasonable steps to prevent the circumvention of this Rule;
(c) The outcome of any election for any
public office both within and without the State of Arkansas;
(d) Any event, regardless of where it is
held, involving a professional team whose home field, a court, or base is in
Arkansas, or any event played in Arkansas involving a professional team, if,
not later than 30 days before an event or the beginning of a series of events,
the team's governing body files with the Commission a written request that
wagers on the event or series of events be prohibited, and the Commission
approves the request;
(e) Any
virtual event unless:
(1) An approved gaming
device is used to determine the outcome(s) and to display an accurate
representation of the outcome(s) of the virtual event;
(2) A live display of the virtual event is
offered to all approved sports pools; and
(3) The virtual event is approved pursuant to
the procedures set forth in subsection 1(f); and
(f) Any event other than a horse race,
greyhound race, or an athletic sports event, unless such event is:
(1) Administratively approved by the
Commission in writing in accordance with subsection 3;
(2) After referral from the Commission,
approved by the Commission in accordance with subsection 5; or
(3) Approved by the Commission after review
pursuant to these Rules or, if applicable, approved by the Commission after
review pursuant to these Rules.
2. A request for approval to accept wagers on
an event other than a horse race, greyhound race, or an athletic sports event
shall be made by a book on such forms approved by the Commission, and shall
include:
(a) A full description of the event
and the manner in which wagers would be placed and winning wagers would be
determined.
(b) A full description
of any technology which would be utilized to offer the event.
(c) Such other information or documentation
which demonstrates that:
(1) The event could
be effectively supervised;
(2) The
outcome of the event would be verifiable;
(3) The outcome of the event would be
generated by a reliable and independent process;
(4) The outcome of the event would be
unlikely to be affected by any wager placed;
(5) The event could be conducted in
compliance with any applicable laws; and
(6) The granting of the request for approval
would be consistent with the public policy of the state.
(d) Such additional or supplemental
information as the Commission may require.
[] The decision whether to grant approval to accept wagers on
an event other than a horse race, greyhound race, or an athletic sports event
shall be based on all relevant information including, but not limited to, the
factors in subsection 2(c) of this section. The Commission may subject any
technology that would be utilized to offer the event to such testing,
investigation and approval process as the Commission deems appropriate.
3. The Commission may
refer a request for approval to the full Commission for consideration, or
grant, deny, limit, restrict or condition a request made pursuant to subsection
2 for any cause the Commission deems reasonable. A book aggrieved by an
administrative decision of the Commission may submit the matter for review by
the Commission pursuant to these Rules.
4. The Commission is hereby granted the
authority to issue an interlocutory order, revoking or suspending any
administrative approval granted pursuant to subsection 3 for any cause deemed
reasonable. An interlocutory order shall be deemed delivered and effective when
personally served upon the book, or if personal service is impossible or
impractical, when deposited, postage prepaid, in the United States mail, to the
book at its address as shown in the records of the Commission. If an
interlocutory order revoking or suspending the administrative approval is
issued, the effected book may request that the order be reviewed by the
Commission pursuant to these Rules.
5. Whenever the Commission refers a request
for approval to the Commission for consideration, the request shall be deemed
an application and the book which submitted the request shall submit the
application fee set forth in these Rules. Such application shall be included on
the agenda of the next regularly scheduled meeting of the Commission occurring
more than 10 working days after receipt of the application fee and, thereafter,
on the agenda of the next regularly scheduled meeting of the Commission. The
Commission, after considering the recommendation of the Commission, may grant,
deny, limit, restrict or condition the application for any cause it deems
reasonable and the decision of the Commission shall be final.
6. Upon approval of the acceptance of wagers
on an event other than a horse race, greyhound race, or an athletic sports
event pursuant to the provisions of subsection 1(f), the Commission shall
provide public notice of such approval including any conditions and limitations
placed on such approval. Such notice shall occur by publication on the
Commission's website as close as practicable to the time at which the
Commission approves the other event. Thereafter, any book may accept wagers on
such other event pursuant to the approval and any conditions and limitations
placed thereon.
7. For purposes of
subsection 1, "professional team" means two or more persons who join together
to participate in athletic sports events and who receive any compensation in
excess of actual expenses for their participation in such events.
8. For purposes of this Rule, "collegiate
sport or athletic event" means a sport or athletic event offered or sponsored
by or played in connection with a public or private institution that offers
educational services beyond the secondary level.
20.121
Reports of suspicious
transactions.
1. As used in this
section, "suspicious transaction" means a transaction which a book knows or, in
the judgment of it or its directors, officers, employees or agents, has reason
to suspect:
(a) Is, or would be if completed,
in violation of, or is part of a plan to violate or evade, any federal, state
or local law or regulation;
(b) Is,
or would be if completed, wagering by, or on behalf of, a coach or participant
in a sporting event or other event on such event; or
(c) Has no business or apparent lawful
purpose or is not the sort of transaction the particular patron would normally
be expected to perform, and the book knows of no reasonable explanation for the
transaction after examining the available facts, including the background of
the transaction.
2. A
book:
(a) Shall file with the Commission, by
using a form developed by the Commission, a report of any suspicious
transaction, if it involves or aggregates to more than $5,000 in funds or other
assets; and
(b) May file a report
of any suspicious transaction, regardless of the amount if the licensee
believes it is relevant to the possible violation of any law or
regulation.
3. The
report in subsection 2(a) shall be filed no later than 30 calendar days after
the initial detection by the licensee of facts that may constitute a basis for
filing such a report. In situations involving violations that require immediate
attention, the licensee shall immediately notify, by telephone, the Commission
in addition to timely filing a report.
4. A licensee shall maintain a copy of any
report filed and the original or business record equivalent of any supporting
documentation for a period of five years from the date of filing the report.
Supporting documentation shall be identified, and maintained by the licensee as
such, and shall be deemed to have been filed with the report. A licensee shall
make all supporting documentation available to the Commission and any
appropriate law enforcement agencies upon request.
5. A licensee and its directors, officers,
employees, or agents who file a report pursuant to this Rule shall not notify
any person involved in the transaction that the transaction has been reported.
Any report filed with the Commission under this subsection is confidential and
is privileged and may be disclosed only by the Commission in the necessary
administration of their duties and responsibilities under the Amendment. Any
report, whether written or oral, is absolutely privileged and does not impose
liability for defamation or constitute a ground for recovery in any civil
action.
20.125
Wagers; terms and conditions.
1.
No book shall:
(a) Accept from a patron,
directly or indirectly, less than the full face value of an off-track
pari-mutuel wager;
(b) Agree to
refund or rebate to a patron any portion or percentage of the full face value
of an off-track pari-mutuel wager; or
(c) Increase the payoff of, or pay a bonus
on, a winning off-track pari-mutuel wager.
2. The provisions of this subsection do not
prohibit the granting of the following by a book, including a satellite book,
or a licensed gaming establishment where a book is located, or an affiliate of
one or more of those entities that holds a Casino license:
(a) Room, food, beverage, racing data
subscriptions or services, including but not limited to broadcasts, periodicals
and electronic publications or services, that are available to the public from
other sources, tobacco, or other services, including spa services, movies,
bowling and entertainment admission;
(b) Limousine or other car service
transportation to and from the gaming establishment where the book is located;
or
(c) Merchandise or other
non-cash equivalents not exceeding $100 per patron per week with the value of
such $100 determined by the book's or the licensed gaming establishment's
cost.
3. A book,
including a satellite book, or a licensed gaming establishment where a book is
located, or an affiliate of one or more of those entities that holds a Casino
license, may award player loyalty program points based on pari-mutuel wagers
placed by a patron, however, such points may only be redeemed in accordance
with the rules of the program, provided that points earned based on pari-mutuel
wagers may not be redeemed for cash, items or services that the book intends to
or does redeem for cash, or free-play on any gaming device or gambling game, or
for items or services that do not fall under one of the exceptions listed under
subsection 2.
4. A book shall not,
in an attempt to provide a benefit to the patron in violation of subsection 1,
offer a wagering proposition, or set or move its wagering odds, lines or
limits.
5. The Commission may
require a book to:
(a) Disclose its betting
limits in its house rules and obtain approval from the Commission before
changing those limits or modifying its house rules; and
(b) Document and report, in such manner as
the Commission may approve or require, wagering limits, temporary changes to
such limits, or the acceptance of a wager or series of wagers from the same
patron that exceeds such limits. The report may include, but is not limited to:
(1) Recording the name of the patron for
which betting limits are changed or exceeded;
(2) Recording the name of the employee
approving the acceptance of a wager that exceeds betting limits or causes a
change in betting limits;
(3)
Describing the nature of the temporary change and any related wagers;
and
(4) Describing how the
temporary change in limit will benefit the licensee.
The Commission shall notify the book, in writing, of the
decision to impose such requirements and such decision shall be considered an
administrative decision and, therefore, reviewable pursuant to the Arkansas
Administrative Procedures Act.
6. A book shall not set lines or odds, or
offer wagering propositions, designed for the purposes of ensuring that a
patron will win a wager or series of wagers.
20.130
Communications
technology.
1. Before installing or
permitting the installation of any communications technology on the premises of
a book or a call center, the book or the call center shall notify the
Commission in writing of the location and number or other identifier of each
communications technology and shall obtain the written approval of the
Commission for each communications technology. The Commission may condition the
approval in any manner the Commission considers appropriate.
2. Before a book accepts any wagering
communications, and before a call center accepts any wagering instructions, the
book and the call center must obtain the written approval of the Commission to
accept such wagering communications and wagering instructions, and thereafter
use only the communications technology approved for that purpose. The book or
the call center must obtain written permission from the Commission by October
1st of each calendar year to continue using the communications
technology.
3. As a condition to
the granting of the privilege of having communications technology upon the
licensed premises, the book and the call center shall be deemed to have
consented to the authority of the Commission to require the immediate removal
of any communications technology from the licensed premises at any time without
prior notice of hearing. After any such removal, the book or the call center
may request a hearing before the Commission as to whether or not circumstances
may warrant the permanent revocation of the privilege of having communications
technology upon the premises.
4.
Upon the request of either the Commission, a book or a call center shall
provide a written consent for the Commission to examine and copy the records of
any telephone, telegraph, or other communications company or utility that
pertain to the operation of the book or the call center.
5. A call center system is associated
equipment requiring approval pursuant to these Rules.
6. A book receiving wagering instructions
from a call center system shall comply with the requirements of these Rules
prior to the use of this system.
20.140
Wagering communications;
establishing patron wagering accounts for sports, nonpari-mutuel race, and
other event wagering.
1. A book may
only accept a sports wager, nonpari-mutuel race wager, or other event wager
from a person physically present on the premises of the Licensee / book.
However, a franchise holder may accept wagers on horse and greyhound racing
pursuant to Ark. Code Ann. §
23-111-508(e)(1)
and Ark. Code Ann. §
23-110-405(e)(1).
2. All wagers for sports, nonpari-mutuel
racing or other events must be placed by the patron while actually physically
present on the Licensee / book premises. However, a franchise holder may accept
wagers on horse and greyhound racing pursuant to Ark. Code Ann. §
23-111-508(e)(1)
and Ark. Code Ann. §
23-110-405(e)(1).
3. A book may only accept a pari-mutuel horse
race wager made in person unless a pari-mutuel horse race account wager is
accepted pursuant to the provisions of these Rules. Each book must
conspicuously display signs to that effect on its premises.
4. Each licensee that accepts wagering
communications shall establish and implement pursuant to these Rules a system
of internal control for such transactions, and comply with both its system of
internal control and the minimum internal control standards contained in these
Rules.
5. Each book shall prepare a
written description of its rules and procedures for wagering communications,
and shall make a copy available to each patron for whom a wagering account is
established.
6. Before a book
accepts a wagering communication, or a call center accepts a wagering
instruction, on any sporting event wager, on any nonpari-mutuel race wager, or
on any other event wager, the following must occur:
(a) A book must register patrons and create
wagering accounts in accordance with these Rules except as follows:
(1) For purposes of presenting a government
issued picture identification credential to confirm the patron's identity, a
patron may either personally appear before an employee of the licensee at which
the book is located as provided in these Rules or before an employee of the
book at the premises of the book or, for central site books, at an outstation,
satellite or affiliated book.
(2) A
book may register and create wagering accounts for patrons, including
inspecting a patron's government issued picture identification credential to
confirm their identity as required by these Rules, by filing a request with the
Commission for permission to have its employees register and create wagering
accounts for patrons outside the premises of the book. The request must include
a comprehensive marketing plan setting out, at a minimum, the types of
locations and types of potential patrons to which a book intends to send its
employees for the purposes of registering and creating wagering accounts for
patrons. A book may not act under its marketing plan prior to the Commission
approving the request. The Commission may impose limitations and conditions on
any approved request. The Commission may rescind approval of a request of a
book to have its employees register and create wagering accounts outside the
premises of the book upon written notice to the book. Wagering accounts may not
be created pursuant to such marketing plan outside the State of
Arkansas;
(b) In
addition to the requirements of these Rules, before registering a patron for a
wagering account, the book must have the patron affirm that the patron has been
informed and acknowledges that:
(1) Patrons
are prohibited by these Rules from placing sports wagers, nonpari-mutuel race
wagers, and other event wagers unless the patron is physically present on the
premises of the Licensee / book. However, patrons may place wagers and
franchise holders may accept wagers on horse and greyhound racing pursuant to
Ark. Code Ann. §
23-111-508(e)(1)
and Ark. Code Ann. §
23-110-405(e)(1).
Notwithstanding the requirements of these Rules, for a business entity patron,
the patron must provide an employee of the book with the following information
before the book registers and creates a wagering account for the patron.
i. The name, residential address, copy of a
valid photo identification which evidences that the person is at least 21 years
of age, and social security number or individual taxpayer identification
number, of each of the business entity's equity owners, holders of
indebtedness, directors, officers, managers and partners, anyone entitled to
payments based on the profits or revenues and any designated
individuals;
ii. The business
entity's formation documents and all filings with the Secretary of
State;
iii. Any other documentation
or information the Commission may require; and
iv. Any other documentation or information
the race book or sports pool may require.
The employee must record such information. Unless a book has
otherwise been granted approval by the Commission pursuant to these Rules, the
information required pursuant to this subsection shall be provided by the
patron to an employee of the book at the premises of the book or, for central
site books, at an outstation, satellite or affiliated book.
7. Before a
book accepts a wagering communication, or a call center accepts a wagering
instruction, on any sporting event wager, nonpari-mutuel race wager, or other
event wager from another book:
(a) The
authorized employee of the other book must personally appear at the premises of
the book or, for central site books, at an outstation, satellite or affiliated
book, to open a wagering account;
(b) The book employee must record:
(1) The authorized employee of the other
book's name, permanent business address (other than a post office box number),
and business telephone number;
(2)
The documents used to verify the other book is a book, the authorized employee
is an employee of the other book and is authorized to open this wagering
account;
(3) The amount of the
authorized employee of the other book's initial wagering account or front money
deposit;
(4) The authorized
employee of the other book's account number with the book; and
(5) The date the authorized employee of the
other book's account with the book is opened;
(c) The authorized employee of the other book
must sign, in the presence of a supervising employee of the book, statements
attesting that the authorized employee of the other book:
(1) Confirms the accuracy of the information
recorded;
(2) Has received a copy,
or has had a copy made available to them, of the book's rules and procedures
for wagering communications;
(3)
Has been informed and understands that authorized employees of other books that
establish a wagering account pursuant to this subsection are prohibited by law
from placing wagering communications from outside Arkansas and that the book is
prohibited by law from accepting them;
(4) Has been informed and understands that,
with regard to pari-mutuel horse race wagers, a race book may only accept
off-track pari-mutuel horse race account wagers pursuant to the provisions of
these Rules; and
(5) Consents to
the monitoring and recording by the Commission and the book of any wagering
communication; and
(d)
The employee who verifies the authorized employee of the other book's
information and who obtains and records the information on behalf of the book
and the supervising employee described in subparagraph (c), must each sign
statements that they witnessed the authorized employee's signature and
confirmed the authorized employee of the other book's identity and
residence.
8. In
addition to the posting of the wager in the computerized bookmaking system, all
wagering communications shall be electronically recorded and retained for a
period of 60 days. The method of recording the wager must be approved by the
Commission. Such recordings must be made immediately available to any
Commission agent upon request.
9.
All wagering account applications or amendments thereto for active accounts
must be retained by the book. All wagering account applications or amendments
thereto for rejected applications shall be retained by the book for no less
than one year following the rejection of the related application. All wagering
account applications or amendments thereto for closed accounts shall be
retained by the book for no less than one year following the closure of the
related wagering account.
10. A
book shall not allow the use of a wagering account established pursuant to this
section for forms of wagering other than sports wagering, nonpari-mutuel race
wagering, or other event wagering unless:
(a)
The establishment and use of the wagering account otherwise meets all of the
requirements of these Rules; and
(b) Administrative approval has been granted
by the Commission.
20.145
Account wagering systems.
Account wagering systems shall:
1. For systems
that use other than voice-only wagering communications technology, provide for
the patron's review and confirmation of all wagering information before the
wagering communication is accepted by the book. The system shall create a
record of the confirmation. This record of the confirmation of the wager shall
be deemed to be the actual transaction of record, regardless of what wager was
recorded by the system;
2. Prohibit
wagers from being changed after the patron has reviewed and confirmed the
wagering information, and the specific wagering communication transaction has
been completed;
3. Prohibit the
acceptance of wagers after post time except those originated after post time
that are approved in the same manner as other events approved pursuant to these
Rules;
4. Prohibit a book from
accepting an account wager, or a series of account wagers, in an amount in
excess of the available balance of the wagering account;
5. Prohibit a book from accepting
out-of-state sports wagers and out-of-state nonpari-mutuel horse race
wagers;
6. Post payment on winning
account wagers as a credit to the patron's wagering account as soon as
reasonably practicable after the event is declared official;
7. Maintain a completely separate wagering
account for pari-mutuel horse race wagers. Wagering accounts for pari-mutuel
sports wagers, nonpari-mutuel horse race wagers and nonpari-mutuel sports
wagers may be commingled in a single wagering account;
8. Maintain complete records of every
deposit, withdrawal, wager, winning payoff, and any other debit or credit for
each account; and
9. For systems
that use other than voice-only wagering communications technology, produce a
printable record of the entire transaction as required by this section and
shall not accept any wagering communication or transaction if the printable
record system is inoperable.
20.150
House rules. Each book
shall adopt, conspicuously display at its licensed premises, and adhere to
written, comprehensive house rules governing wagering transactions with
patrons. Without limiting the generality of the foregoing, the rules must
specify the amounts to be paid on winning wagers, the effect of schedule
changes, the redemption period for winning tickets, and the method of noticing
odds or line changes to patrons. House rules must state that wagers may be
accepted at other than the currently posted terms, if applicable. Prior to
adopting or amending such house rules, a book shall submit such rules to the
Commission for approval.
20.155
Business entity wagering.
1. A
book shall notify the Commission in writing of its intent to accept wagers from
business entities which have met all of the applicable requirements found in
these Rules.
2. A book is
prohibited from accepting wagers from a business entity unless all of the
business entity's owners, directors, officers, managers, partners, holders of
indebtedness, and anyone entitled to payments based on profits or revenues of
the entity are fully disclosed. If the business entity is owned or controlled
by one or more holding companies, each of the holding companies' owners,
directors, officers, managers, partners, holders of indebtedness and everyone
entitled to payments based on profits or revenues of the entity must be fully
disclosed.
3. A book which elects
to accept wagers from business entities must conduct due diligence on each
business entity from which the book will accept wagers which, at a minimum,
includes, but is not limited to:
(a) Requiring
the business entity to affirm that it has met all of the applicable
requirements found in this section and that it is not established for the
purpose of circumventing any applicable federal or state laws including, but
not limited to, laws concerning illegal sports wagering, electronic
communications, and money laundering;
(b) Ascertaining all equity owners, holders
of indebtedness, directors, officers, managers, partners, anyone entitled to
payments based on the profits or revenues, and any designated individuals;
and
(c) Ascertaining the natural
person who is the source of funds for each contribution to the business entity.
[] A book shall maintain records of the due diligence it
performs on a business entity for no less than one year following the closure
of the wagering account of the business entity or for no less than one year
after rejection of a business entity wagering account application by the
book.
4. A book
shall not accept wagers from a business entity if:
(a) The business entity does not make the
affirmation or disclosures required by these Rules;
(b) The book is unable to verify the identity
of all the equity owners, holders of indebtedness, directors, officers,
managers, partners, anyone entitled to payments based on the profits or
revenues, and any designated individuals of the business entity; or
(c) The book is unable to verify the natural
person who is the source of funds for each contribution to the business
entity.
5. Upon receipt
of updated information from a business entity, a book shall verify the updated
information. If a book is unable to verify the updated information within 30
days of the book's receipt of the updated information from the business entity,
the book shall suspend the wagering account and not allow further wagering
activity on the wagering account.
6. A book shall require a business entity
from which the book accepts wagers to provide:
(a) For business entities from which the book
accepts wagers aggregating more than $5,000,000 in a calendar year, an
independent third-party verification concerning to whom the business entity
made payments based on profits or revenues to ensure no payments were made to
persons other than those permitted by these Rules to receive such payments. If
the book does not receive a copy of the independent third-party verification
prior to April 1st of the year following the year in which the business entity
placed wagers in excess of $5,000,000, the book shall suspend the wagering
account and not allow further wagering activity on the wagering account
or
(b) For business entities from
which the book accepts wagers aggregating $5,000,000 or less within a calendar
year, an affirmation stating the business entity did not make payments based on
profits or revenues to persons other than those permitted by these Rules to
receive such payments. If the book does not receive such affirmation prior to
April 1st of the year following any year in which the business entity placed
wagers with the book, the book shall suspend the wagering account and not allow
further wagering activity on the wagering account.
7. A book shall report any violation or
suspected violation of law or regulation related to business entity wagering to
the Commission immediately. Such reporting shall include, but is not limited
to, any violation or suspected violation of relevant federal laws such as The
Federal Wire Act
18 U.S.C. §
1084, the Illegal Gambling Business Act
18 U.S.C. §
1955, and Title 31 anti-money laundering
laws.
8. A book may only accept
wagering activity from a business entity, acting through one or more designated
individuals, through a wagering account established by the business entity and
may only deposit winnings into such wagering account. The book must use an
account wagering system for such wagering activity.
9. A book shall not extend credit to a
business entity.
10. A book shall
report the suspension or closure of a business entity wagering account to the
Commission within 5 days of suspension or closure and shall include the reason
for such suspension or closure in the report. A book shall report the
reinstatement of a suspended business entity wagering account to the Commission
within 5 days of reinstatement and shall include the reasons the book
reinstated the wagering account.
11. A book that accepts wagers from business
entities shall adopt, conspicuously display at its premises, and adhere to
house rules governing business entity wagering transactions.
12. A book that accepts wagers from business
entities shall implement policies and procedures designed to ensure that
business entities' wagering accounts are used only to place book
wagers.
13. As used in this
section, "holding company" means any corporation, firm, partnership, limited
partnership, limited-liability company, trust or other form of business
organization which, directly or indirectly:
(a) Owns, as defined in these
Rules;
(b) Controls, as defined in
these Rules; or
(c) Holds with
power to vote any part of a business entity subject to this section. In
addition to any other reasonable meaning of the words used, a holding company
"indirectly" has, holds or owns any power, right or security if it does so
through any interest in a subsidiary or successive subsidiaries, however many
such subsidiaries may intervene between the holding company and the business
entity subject to this section.
20.160
Wagering account
transactions.
1. Except as otherwise
provided herein, deposits, withdrawals, credits, and debits to wagering
accounts shall be made in accordance with these Rules.
2. Business entity wagering account deposits
and withdrawals may only be made by transfers to and from the bank or financial
institution account maintained by the business entity. Business entity wagering
account deposits and withdrawals may not be made in cash.
20.165
Use of an operator of a call
center.
1. A Licensee, franchise holder
or book shall not utilize an operator of a call center, except for wagers
placed under Ark. Code Ann. §
23-110-405(e)(1)
or Ark. Code Ann. §
23-111-508(e)(1).
2. The call center system, or a component of
such a system, will record patron instructions received and transmitted to a
licensed Arkansas book and the date/time instructions are received from a
patron for:
(a) Sports wagers and
nonpari-mutuel horse race wagers to be placed; and
(b) Any other wagering instructions as may be
approved by the Commission.
3. The operator of a call center performs
such patron services as:
(a) Receiving sports
and nonpari-mutuel horse race wagering instructions from a patron;
(b) Providing help desk responses to patrons
and the general public concerning sports wagers and nonpari-mutuel horse race
wagers at a licensed Arkansas book; and
(c) Such other patron services as may be
approved by the Commission.
4. In addition to the posting of the wager at
a licensed Arkansas book, all wagering instructions shall be electronically
recorded and retained for a period of 60 days. The method of recording the
wagering instructions must be approved by the Commission. Such recordings must
be made immediately available to any Commission agent upon request.
5. The operator of a call center shall allow
the members of the Commission, the Commission, their agents and employees to
immediately inspect and examine the premises and immediately inspect, examine,
photocopy, and examine all papers, books, and records, on the premises, or
elsewhere as practicable.
6. The
operator of a call center shall only use communications technology approved
pursuant to these Rules.
7. The
operator of a call center shall operate in compliance with all applicable
provisions of this Rule that may apply to it or the licensed Arkansas book
using its services.
8. The licensed
Arkansas book shall maintain responsibility for any operator of a call center,
used by the book, to operate in compliance with all state and federal laws and
regulations, as applicable.
9.
Violation of any applicable law or regulation by an operator of a call center
constitutes reasonable cause for disciplinary action.
20.180
Gross revenue computations and
layoff bets. The amounts of wagers placed by a book and the amounts
received by the book as payments on such wagers shall not affect the
computation of the book's gross gaming revenue.
20.190
Assigned agent. The
Commission may at any time require a book to allow an agent of the Commission
to be permanently present on the book's premises during all hours of operation,
and to require the costs and expenses for such agent to be borne by the book in
a manner deemed reasonable by the Commission. The agent shall have full and
complete access to all books, records, and to any telephone conversations
emanating from or received at the licensed premises.
20.195
Records and reports for users
and buyers. Each "user", which is defined as an operator of a race book,
sports pool or gambling game who is licensed in this state and receives and
displays a live broadcast within this state, who uses information included in a
live broadcast to determine winners of and payoffs on wagers accepted at the
user's race book, and each "buyer," as defined in these Rules, shall comply
with the recording and reporting requirements specified in these
Rules.
20.200
Records and
forms.Books shall create and maintain the records and reports required
by this Rule in such manner and using such forms as the Commission may require
or approve. The Commission may require books to create and maintain such other
records and reports as are necessary or convenient for strict regulation of
books. Except as otherwise provided in this Rule, books shall preserve the
records required by this Rule for at least 5 years after they are made. The
Commission may at any time examine and copy the records of any book. Each book
shall comply with all other applicable Rules of the Commission to the extent
not in conflict with this Rule.
20.220
Global Risk Management.
1. A book engaging in global risk management
may provide direction, management, consultation, and/or instruction to the
operator of a wagering pool located in a permissible jurisdiction concerning:
(a) The management of risks associated with a
wagering pool for a race or sporting event or any other event for which the
wagering pool is permitted to accept wagers;
(b) The determination of where lines, point
spreads, odds, or other activity relating to betting or wagering are initially
set and the determination of whether to change such lines, point spreads, odds,
or other activity relating to betting or wagering;
(c) Whether or not to accept or reject bets
or wagers, to pool bets or wagers, or to lay off bets or wagers;
(d) The use, transmittal, and accumulation of
information and data for the purpose of providing global risk management;
and
(e) Any other activity
associated with a wagering pool if approved in writing by the Commission prior
to a book commencing direction, management, consultation, and/or instruction
concerning the activity.
2. A book which intends to provide global
risk management shall:
(a) Enter into a
written agreement to provide global risk management with any operator of a
wagering pool to which the book proposes to provide global risk management. A
copy of such executed agreement with an operator of a wagering pool located
outside of Arkansas shall be provided to the Commission no later than the date
on which the book commences global risk management for the operator of the
wagering pool;
(b) Provide details
to the Commission regarding any permissible jurisdiction other than Arkansas
where the book intends to provide global risk management no later than the date
on which the book commences global risk management in such permissible
jurisdiction;
(c) No later than the
date on which a book commences global risk management, submit the book's
systems of accounting and internal control utilized for global risk management
to the Commission. Such systems must include provisions for complying with all
federal laws and regulations; and
(d) Provide such other information as the
Commission may require concerning global risk management.
3. In addition to the requirements contained
in subsection 2 of this section, at least 30 days prior to providing global
risk management to a Arkansas licensee, a book shall submit to the Commission
the written agreement for the global risk management provided to the Arkansas
licensee. The Commission may object in writing to such agreements in the
Commission's sole and absolute discretion. If the Commission objects to an
agreement, the book shall not provide global risk management to the Arkansas
licensee until the book has resubmitted the agreement to the Commission, and
the Commission has indicated in writing that the Commission does not object to
the resubmitted agreement.