Current through Register Vol. 56, No. 18, September 16, 2024
(a) A courier service shall prevent the
following persons from opening an account or placing a request for courier
services through its system:
1. Persons under
the age of 18;
2. Employees,
officers, directors, or direct or indirect owners of such courier
service;
3. Any spouse, child,
brother, sister, or parent residing as a member of the same household in the
principal place of abode of any employee, officer, director, or direct or
indirect owner of such courier service; and
4. Persons on the self-exclusion list. See
N.J.A.C. 17:20-12.6(a)4.
(b) A courier service shall submit as part of
its application for registration, procedures to prevent prohibited players from
placing a request for courier services through its system. A courier service
shall implement any changes to such procedures as the Division may direct at
any time. Such procedures are subject to Division approval.
1. Such plan shall include the following, in
regard to prevention of play by a minor:
i.
Specification of parental controls procedures to allow parents and guardians to
exclude persons under the age of 18 from placing a request for courier services
through such courier service's system. The courier service shall explain what
information is made available to parents and guardians about the specific steps
they may take to implement parental controls, including use of the toll-free
number that a courier service shall provide for individuals seeking help in
establishing such parental controls;
ii. Detailed explanation of the steps taken
to prevent persons under the age of 18 from placing a request for courier
services through such courier service's system. The courier service shall
explain what types of native or third-party age verification procedures are
implemented to verify that each person registering for an account is not under
the age of 18. The courier service shall explain the mechanism or mechanisms
used to identify and deactivate accounts created or used by minors, age
verification, and identification procedures to exclude persons under the age of
18 from registering on a courier service system;
iii. Procedures used to identify and
deactivate accounts created or used by persons under the age of 18 and to
exclude such persons from all activity offered through such courier service's
system;
iv. Verification that any
account balance attributable to a person under the age of 18 shall be refunded,
less any prizes already awarded, within no more than two business days of
discovery that such account is attributable to such person. The courier service
also shall explain how deposits will be refunded; and
v. Procedures to ensure that persons under
the age of 18 do not receive promotional materials that relate to a courier
service's system.
2.
Such plan shall include, in regard to verification of geolocation capabilities,
procedures to ensure the courier service system's ability to prevent orders for
tickets by players not physically present in the State of New Jersey at the
time of such request.
3. The plan
shall include procedures to ensure that self-excluded persons are prevented
from ordering tickets.
(c) A courier service shall specify in the
courier service system terms of use that each category of individuals
identified in this section is prohibited from placing requests for courier
services through such courier service's system.
(d) A courier service shall be strictly
liable for a civil penalty assessed by the Director, for permitting any
prohibited courier customer, as set forth in subsection (a) above, to use such
courier service's system. The Division shall consider, however, before imposing
any penalty or sanction upon a courier service for a violation of this section,
any circumstances that such courier service presents in writing to the Division
as mitigating factors for the Division's consideration, including, without
limitation, good-faith reliance on false or misleading information provided by
the prohibited person and good-faith compliance with appropriate internal
controls and courier service system processes designed to prevent play by a
prohibited person.
(e) The Director
shall penalize a courier service found to have allowed a minor to use a courier
service system up to $ 10,000 per violation.
