Current through Register Vol. 50, No. 9, September 20, 2024
A. Licensees
and operators may only conduct sports wagering expressly authorized by the Act,
these regulations, or its internal controls.
B. Sports wagering authorized by the Act
shall be conducted pursuant to the Act, these regulations, and a licensee's and
operator's internal controls.
C.
Licensees and operators shall comply with all provisions of the Act, these
regulations, and its internal controls regarding child support arrearages
including, but not limited to,
R.S.
27:24 and Part III of this Title,
particularly §2737 of Part III of this Title.
D. Licensees and operators shall not accept a
sports wager from a prohibited player.
1.
Permitted gaming employees shall not game or wager at the retail sportsbook
where he or she is employed.
2.
Persons issued findings of suitability by the board shall not game or place a
sports wager at any retail sportsbook or on any sports wagering platform
operated by its employer or a subsidiary.
3. Employees of a sports wagering platform
provider shall not place a sports wager through the sports wagering platform
for which he or she is employed. Employees of a sports wagering service
provider that supplies a sports wagering platform to a sports wagering licensee
shall not wager through said sports wagering platform.
4. Employees of the sports wagering licensee
whose duties or responsibilities directly relate to the operation of the sports
wagering platform or the sportsbook may not game or place a sports wager on the
sports wagering platform associated or partnered with the sports wagering
licensee.
5. Sports wagering
licensee and sports wagering platform providers may provide internal controls
that further restrict gaming activities by its employees.
E. An applicant shall submit its internal
controls with its application for licensing as a sports wagering licensee or
for permitting as a sports wagering platform provider. Whenever internal
controls are updated, they shall be immediately submitted to the division for
approval to ensure the division is in possession of the current internal
controls at all times.
F. Licensees
and operators shall implement internal controls and commercially reasonable
procedures for sports wagering to ensure compliance with all requirements of
the Act and these regulations including, but not limited to:
1. prohibit a player from placing a sports
wager while the player is located in a prohibited parish;
2. comply with all applicable tax laws and
regulations including, without limitation, laws and regulations applicable to
winnings and tax withholdings;
3.
preventing the sharing or prohibited release of personal patron data and
confidential information that could affect sports wagering with third parties
until the information is made publicly available;
4. not knowingly accept a wager from a
prohibited player, and shall comply with the limitations listed in
R.S.
27:608;
5. verifying that a player is 21 years of age
or older;
6. providing players with
access to information on responsible play;
7. providing players with access to the
player's play history and account details that are not confidential;
8. allowing individuals to restrict
themselves from placing a sports wager upon request and provide reasonable
steps to prevent the person placing a sports wager offered by an
operator;
9. maintaining a reserve
in an amount of not less than the greater of one hundred thousand dollars or
the amount necessary to ensure the ability to cover the outstanding sports
wagering liability, which is the sum of wagers on future events, unpaid
winnings, and sports wagering account balances. Reserve funds may take the form
of cash, cash equivalents, payment processor reserves, payment processor
receivables, an irrevocable letter of credit, a bond, or a combination thereof.
The reserve funds shall not be used for operational activities. The reserve may
be satisfied by the licensee or the operator, but the reserve for sports
wagering may not be used for or encumbered by other gaming activity;
a. if an operator chooses to utilize a
special purpose segregated account for the purpose of segregation or reserve
funds, it shall submit to the division all information and documentation
regarding the account and shall receive approval prior to using the account for
such purposes;
10.
ensuring that commercially reasonable measures are in place to deter, detect,
and, to the extent reasonably possible, prevent cheating, collusion, and the
use of cheating devices;
11. not
offer sports wagering on any prohibited sports events;
12. withholding all winnings from players
determined to be under the age of 21 or for any wagers determined to have been
placed from within a prohibited parish;
13. allowing players to file complaints
regarding the sports wagering operation and the handling of the player's sports
wagering account;
14. requiring
patrons to establish a sports wagering account prior to accepting wagers
through a website or mobile application. Verifying the following for players
requesting to open an account, in accordance with the information provided by
players under
§507.B.2 of this Chapter:
a. identity; and
b. date of birth.
15. publishing and facilitating parental
control procedures to allow parents or guardians to exclude minors from access
to a sports wagering platform;
16.
determining the geographical location of a player when placing a sports
wager;
17. reporting of problem
gamblers;
18. operational controls
for sports wagering accounts;
19.
surveillance plans for all sports book lounges and other areas where sports
wagering mechanisms are located;
20. setting up and maintaining user access
control for a sports wagering platform and ensuring proper segregation of
duties at the sports book and sports wagering platform;
21. procedures for identifying and reporting
fraud and suspicious wagering activity;
22. anti-money laundering compliance
standards, including limitations placed on anonymous sports wagering at sports
wagering mechanisms;
23. detailing
procedures for W-2G issuance when triggered, review of the DCFS arrearages
database, the withholding of amounts owed, submission of amounts withheld to
DCFS, and reporting requirements;
24. automated and manual risk management
procedures;
25. process for
submitting and receiving approval for all types of sports wagers available to
be offered by the operator;
26.
description of process for accepting sports wagers and issuing payouts,
including additional controls for accepting sports wagers and issuing payouts
in excess of $10,000;
27.
description of process for accepting multiple sports wagers from one player
within a 24 hour cycle, including process to identify player structuring of
sports wagers to circumvent recording and reporting requirements; and
28. detailed procedures for reconciliation of
assets and documents contained in a sports book lounge, cashier's drawer,
sports wagering mechanism, and online sports wagering, which shall include the
drop, fill, and count procedures for sports wagering
mechanisms.
G. Operators
shall report all winnings withheld and remit all withheld amounts to the
division. Winnings withheld from underage and excluded patrons shall be sent to
the division immediately for submission to the Problem Gambling Fund. Unclaimed
winnings that expire after 180 days shall be paid to the division in the same
manner as expired tickets at the next quarterly due date.
H. Operators shall provide information
regarding the player's ability to file a complaint with the division, provide
the information necessary to file such a compliant.
I. Operators shall ensure that all
information required by the Act, these regulations, or its internal controls to
be provided to players is easily accessible through the sports wagering
platform or printed copies, is clear and concise in language, and provides
methods to contact the operator with questions.
J. Operators shall adopt comprehensive rules
governing sports wagering transactions with its patrons. The operator's rules
shall comply with
R.S.
27:607(C) and shall be
submitted to the division for approval. The comprehensive rules shall include,
at a minimum:
1. the method for calculation
and payment of winning wagers;
2.
the effect of schedule changes for sports events;
3. the method of notifying players of odds or
proposition changes;
4. acceptance
of wagers at terms other than those posted;
5. expiration dates for winning tickets in
accordance with the Act;
6.
circumstances under which the operator will cancel a bet;
7. treatment of errors, late bets, and
related contingencies;
8. method of
contacting the operator with complaints or questions;
9. description of those persons who are
prohibited from wagering with the operator;
10. instructions on how to self-restrict,
self-limit, and self-exclude, including hyperlinks to such;
11. the method and location and posting and
publishing the comprehensive rules; and
12. the methods for redeeming a winning
ticket, including by mail if the operator allows such.
K. Operator may allow layoff bets in
accordance with
R.S.
27:611. The operator placing a layoff bet
shall inform the operator accepting the layoff bet that it is being placed by
another operator and shall disclose its identity.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
27:15 and 24.
