Ohio Administrative Code
Title 3775 - Ohio Casino Control Commission - Sports Gaming
Chapter 3775-1 - General Provisions
Section 3775-1-01 - Definitions
Universal Citation: OH Admin Code 3775-1-01
Current through all regulations passed and filed through September 16, 2024
(A) The words and terms defined in section 3775.01 of the Revised Code are used in this agency as they are defined in that section, unless otherwise specified.
(B) As used in Chapter 3775. of the Revised Code and the rules adopted thereunder, the following words have the following meanings, unless the context clearly indicates otherwise:
(1)
"Advertisement" means a notice, announcement, or
communication to the public, or any specific member(s) thereof, made by a
sports gaming proprietor or on its behalf, designed to solicit or entice a
person to participate in the sports gaming offerings of a sports gaming
proprietor through broadcasting, publication, or any other means of
dissemination in this state.
(2)
"Affiliate
marketer" means a person who conducts promotion, marketing, advertising or
patron recruitment for a sports gaming proprietor in this state either:
(a)
Through a website
or mobile application; or
(b)
In exchange for a commission or variable fee based upon
the number of users recruited, wagering activity generated, revenue generated,
or any other metric.
(3)
"Application"
means the total written materials, including the instructions, forms, and other
documents issued by the commission, comprising an applicant's request for a
license.
(4)
"Appointing professional sports organization" means a
professional sports organization that is a member of a league, association, or
organization that prevents the professional sports organization from being
subject to the regulatory control of the Ohio casino control commission or from
otherwise operating under a sports gaming proprietor license.
(5)
"Beneficial and
proprietary interest" means a direct or indirect interest of five per cent or
more.
(6)
"Conduct" means to back, promote, organize, manage,
carry on, sponsor, or prepare for the operation of sports gaming in this state
and includes participating in the conduct at issue.
(7)
"License" or
"plenary license" means the complete and approved document issued by the
commission that indicates that an applicant has been chosen for licensure and
has met all requirements set forth in Chapter 3775. of the Revised Code and the
rules adopted thereunder.
(8)
"Licensee" means any person who holds a valid plenary
or provisional license.
(9)
"Person" has the same meaning as in section
3772.01
of the Revised Code.
(10)
"Person in control" means any person meeting division
(C) of section 3775.03 of the Revised Code but does not include persons in
control of an appointing professional sports organization.
(11)
"Provisional
license" means a complete and approved document issued by the commission that
indicates an applicant has been chosen for temporary licensure in accordance
with Section 4 of Amended House Bill 29 of the 134th General
Assembly.
(12)
"Sports gaming employee" means any individual required
to obtain a sports gaming occupational license under Chapter 3775. of the
Revised Code and the rules adopted thereunder.
(13)
"Sports gaming
equipment" has the same meaning in division (P) of section 3775.01 of the
Revised Code, but does not include any device, software, or component that does
not affect the operational integrity of sports gaming, as determined by the
executive director.
(14)
"Sports gaming proprietor" has the same meaning as in
division (T) of section 3775.01 of the Revised Code and includes "mobile
management services provider" and "management services provider" to the extent
any sports gaming proprietor has contracted its rights, duties, and liabilities
to the mobile management services provider or management services provider
under division (E) of sections 3775.05 and 3775.051 of the Revised
Code.
(15)
"Sports gaming system" means:
(a)
The sports gaming
equipment necessary to allow a participant to place, review, or modify wagers,
as allowed by the sports gaming proprietor, as well as be paid for winning
wagers;
(b)
The sports gaming equipment the proprietor uses to
review, manage, and report information related to user accounts, wager
placement, or wager outcome. This does not include the equipment or
communications technology simply used to access the sports gaming system or the
intermediary software that connects the user to their financial institution;
and
(c)
Any other sports gaming equipment that the executive
director determines is related to the sports gaming system.
(16)
"Suspicious sports gaming activity" means unusual sports gaming activity that
cannot be explained and is indicative of any of the following: match fixing,
the manipulation of a sport, misuse of inside information, a potential breach
of a sports governing body's internal rules or code of conduct pertaining to
sports gaming, any other conduct that corrupts the outcome of a sport, and any
other prohibited activity.
(17)
"Unusual sports
gaming activity" means an abnormal betting or wagering activity or pattern
exhibited by a patron or patrons. This activity or pattern may include abnormal
wager amounts or changes to wager volume based upon expected wager amount,
sport type, or wager type.
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