Arkansas Administrative Code
Agency 006 - Department of Finance and Administration
Division 06 - Racing Commission
Rule 006.06.21-011 - Casino Gaming Rule 24
Universal Citation: AR Admin Rules 006.06.21-011
Current through Register Vol. 49, No. 9, September, 2024
RULE 24 OFF-TRACK PARI-MUTUEL HORSE RACE ACCOUNT WA GERING
24.005
Scope. These Rules govern
all off-track pari-mutuel horse race account wagering in Arkansas for which a
license or approval has been granted by the Commission pursuant to Amendment
100. Franchise holders may continue to accept wagers pursuant to Ark. Code Ann.
§
23-110-405(e)(l)
or Ark. Code Ann.§
23-111-508(e)(l).
24.010
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, 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. "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 and 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.
3. "Call center
system" means a computerized system, or a component of such a system, that is
used to receive and transmit pari-mutuel race wagering instructions from a
patron to a person licensed to accept off-track pari-mutuel race wagers. The
call center system is located within Arkansas but off the premises of a
licensed gaming establishment or any affiliated licensed gaming
establishment.
4. "Director" means
the Director of the Arkansas Racing Commission or the Commission's
designee.
5. "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,
cellular data, or computer data networks and the Internet.
6. "Internet" means the international
computer network of both Federal and non-Federal interoperable packet switched
data networks.
7. "Key employee"
means an employee in any of the classes described in these Rules.
8. "Messenger bettor" means a person who
places a wager for the benefit of another for compensation.
9. "Operator of a call center" means a person
who, as an agent of a licensed Arkansas parimutuel race book, engages in the
business of operating a call center system as a means of providing patron
services to assist a patron located in a state or foreign jurisdiction where
such wagering is legal, to convey pari-mutuel horse race wagering instructions
to one or more licensed Arkansas parimutuel race books. A Arkansas pari-mutuel
race 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.
10. "Post time" means,
unless an earlier time is required by regulation in the state where the race is
run, the 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.
11. "Secure personal
identification" means a secure personal identification as that term is defined
in Rule 4.225.
12. "Wagering
account" means a sports wagering account as that term is defined in these
Rules.
13. "Wagering communication"
means the transmission of a wager between a point of origin and a point of
reception by aid of a communications technology.
14. "Wagering instructions" means the
instructions given by a patron on the grounds of the licensee's facility where
casino gaming is conducted or who maintains a mobile wagering account at a book
to effect a wagering communication to the book.
24.020
License required;
applications.
1. No person may operate
or own any interest in a race book in Arkansas unless that person holds a
Casino gaming license specifically permitting the person to do so.
24.030
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.
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.
24.040
Registration of managers or supervisors.
1. Any individual who fulfills the function
of race book manager or supervisor or who fulfills the function of a manager or
supervisor for an operator of a call center must register with the Commission.
Such registration must be made on a form provided by the Commission and shall
include the individual's:
(a) Full legal name
and any aliases, nicknames, maiden name and any other change, legal or
otherwise;
(b) Social security
number and current driver's license number;
(c) Date and place of birth;
(d) History of residence for the past 5
years;
(e) History of employment
for the past 10 years;
(f) Complete
history of arrests, detentions, or litigations including any which have been
sealed or expunged by court order;
(g) Consent to a full licensing
investigation, subject to the provisions of this Rule, by the Commission;
and
(h) Such other information as
required by the Commission.
2. Licensed key employees or key employees in
applicant status are not required to register pursuant to this
section.
3. Individuals required to
register must file within 30 days of assuming such duties.
4. After reviewing the registration forms,
the Commission may request that the individual file a completed application
form. Individuals who object to the request for submission of a completed
application form and commencement of a full licensing investigation by the
Commission may appeal the administrative decision to the full Commission in a
manner similar to that outlined in these Rules.
24.045
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 as defined in these
Rules.
24.050
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 due the patron on wagers whose
outcomes have been determined but that have not been posted to the patron's
wagering account.
(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 these Rules at the end of
the first week of the book's operation. After the book begins operations, the
book's reserve must comply with these Rules.
3. The reserve described in subsection 1 may
be combined as a single amount with the reserve described in these
Rules.
24.060
Recordation of wagers. Immediately upon accepting an account
wager, the book shall create an electronic record of the terms of the wager in
the off-track pari-mutuel race system.
24.070
Acceptance of wagers.
1. Books may not accept wagers unless made
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.
2. 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.
3. A book shall not
knowingly accept money or its equivalent ostensibly as a wager upon an event
whose outcome has already been determined.
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 an
electronic record documenting the wager and contingency is immediately made in
the off-track pari-mutuel race system.
24.072
Imposition of supplemental
recordkeeping and reporting requirements. The Commission may require a
book to comply with the identification, recordkeeping, and reporting
requirements of these Rules for inter-state pari-mutuel horse race account
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.
24.080
Payment of winning wagers.
In the event the off-track pari-mutuel system is not functioning, a
licensed race book shall determine the winners of or payouts on wagers on horse
races in accordance with the provisions of these Rules.
24.090
Off-track pari-mutuel race
systems. Before beginning operations, each book shall install and
thereafter maintain an off-track pari-mutuel race system meeting the
specifications approved by the Commission.
24.100
Layoff bets. A book may
place or accept wagers from another book if the accepting book does not have
common control (as defined in these Rules) with the placing book. A book that
is permitted to place a layoff wager shall inform the book accepting the wager
that the wager is being placed by a book and shall disclose its
identity.
24.110
Prohibition
against rescission of wagers. A book may not unilaterally rescind any
wager without the prior written approval of the Commission.
24.120
Prohibited wagers. No
wagers may be accepted or paid by any pari-mutuel race book on any event other
than a horse race that is offered as part of a pari-mutuel pool.
24.130
Wagers; terms and
conditions. No book shall:
1. Accept
from a patron, directly or indirectly, less than the full face value of an
off-track pari-mutuel wager;
2.
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
3. Increase the payoff of, or pay a bonus on,
a winning off-track pari-mutuel wager.
The provisions of this section do not prohibit the granting of room, food, beverage or entertainment admission complimentaries.
24.140
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 March 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.
7. Nothing herein prohibits the use of the
Internet for the purposes of establishing wagering accounts or transacting
wagering account deposits and withdrawals.
24.150
Use of an operator of a call
center.
1. A licensed Arkansas
pari-mutuel race book shall not utilize an operator of a call center unless the
operator of the call center has been found suitable by the
Commission.
2. The call center
system, or a component of such a system, will record patron instructions
received and transmitted to a licensed Arkansas pari-mutuel race book and the
date/time instructions are received from a patron for:
(a) Pari-mutuel horse race wagers to be
placed; and
(b) Any other
pari-mutuel horse race wagering instructions as may be approved by the
Commission.
3. The
operator of a call center performs such patron services as:
(a) Receiving pari-mutuel horse race wagering
instructions from a patron and performing procedures to provide reasonable
assurance that the patron is located within the borders of a state or foreign
jurisdiction in which pari-mutuel horse race wagering is legal,
and that the state or foreign jurisdiction does not otherwise restrict wagering
on accounts located outside its borders prior to accepting a wagering
communication. Reasonable assurance of patron location includes, but is not
limited to, an inquiry process through electronic or voice-only means
in which patrons affirm their physical location at the time of
each wagering communication. A recording of the inquiry process with the patron
shall be retained for a period of 60 days;
(b) Providing help desk responses to patrons
and the general public concerning parimutuel horse race wagers at a licensed
Arkansas pari-mutuel race book; and
(c) Such other patron services as may be
approved by the Commission.
4. In addition to the posting of the wager in
the off-track pari-mutuel race system by the Arkansas pari-mutuel race 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, 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 operate in compliance with all applicable provisions of this
Rule.
7. The licensed Arkansas
pari-mutuel race 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.
8. Violation of any applicable law or Rule by
an operator of a call center constitutes reasonable cause for disciplinary
action.
24.160
Wagering communications; establishing patron wagering accounts for
parimutuel race wagering.
1. Each
Casino licensee that accepts wagering communications shall establish and
implement pursuant to Rule 6 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. Each licensee that
accepts wagering communications shall comply with the internal control
procedures contained in these Rules.
2. Each book shall prepare a written
description of its house rules and procedures for wagering communications, and
shall make a copy available to each patron for whom a wagering account is
established. Prior to adopting or amending such house rules, a book shall
submit such rules to the Commission for approval.
3. A race book licensed to accept off-track
pari-mutuel horse race wagers may establish wagering accounts for residents of
Arkansas and residents of any state or foreign jurisdiction in accordance with
these Rules. Patrons having established a wagering account may place off-track
pari-mutuel horse race wagers from within Arkansas or from other states or
foreign jurisdictions in which pari-mutuel horse race wagering is legal
provided that the state or foreign jurisdiction does not otherwise restrict
wagering on accounts located outside its borders. Before a race book accepts a
wagering communication, or a call center accepts a wagering instruction, on an
offtrack pari-mutuel horse race, the following must occur:
(a) A race book must register the patron and
create a wagering account for the patron in accordance with these Rules, except
that a race book may confirm the patron's identity remotely if the wagering
account is used solely to place off-track pari-mutuel horse race
wagers.
(b) A race book shall
confirm that the state or foreign jurisdiction in which the patron resides is a
jurisdiction in which off-track pari-mutuel horse race wagering is legal, and
that the state or foreign jurisdiction does not otherwise restrict wagering on
accounts located outside its borders, prior to the book accepting wagers on
such accounts. The race book shall maintain a record of such
confirmation.
(c) The race book
must have the patron affirm that the patron has been informed and acknowledges
that, with regard to off-track pari-mutuel horse race wagers, the book may
accept such wagers from patrons only when the patron is located within Arkansas
or other states or foreign jurisdictions in which pari-mutuel horse race
wagering is legal and such wagering on accounts located outside its borders is
not otherwise restricted.
(d)
Notwithstanding the requirements of these Rules, for a business entity patron,
the patron must provide an employee of the book, and the book must record and
maintain, 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.
(e) The employee must record such
information. Unless a book has otherwise been granted approval by the
Commission pursuant to these Rules, the information required by this subsection
shall be provided by the patron to an employee of the book at the premises of
the book;
4. In addition
to the posting of the wager in the off-track pari-mutuel race 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.
5.
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.
6. A race
book shall not allow the use of a wagering account established pursuant to this
section for forms of wagering other than off-track pari-mutuel horse race
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.
24.170
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 oft he 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;
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 sports
wagers and nonpari-mutuel horse race wagers from a patron while physically
located outside the state;
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 separate 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.
24.185
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 of 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 these Rules
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
subsections 2 or 3(a);
(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 Rule related to business entity wagering to the
Commission immediately. Such reporting shall include, but is not limited to,
any violation or suspected violation ofrelevant 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. The requirement to use an
account wagering system will become effective upon the date approved by the
Commission.
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.
24.190
Wagering account
transactions.
1. Except as otherwise
provided herein, deposits, 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.
24.200
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.
24.210
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.
24.220
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.
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