Pennsylvania Code
Title 7 - AGRICULTURE
Part VIII - State Horse Racing Commission
Subpart B - Licensing
Chapter 183 - SECONDARY PARI-MUTUEL ORGANIZATIONS-TEMPORARY REGULATIONS
Section 183.8 - SPMO operations
Universal Citation: 7 PA Code ยง 183.8
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Before doing business in this Commonwealth all of the following are required of a SPMO licensee:
(1) Be qualified to do business in
this Commonwealth.
(2) Submit a
copy of each document required to be filed with the Department of Revenue and
each document related to an audit or investigation by any Federal, State or
local regulatory agency to the Commission.
(3) Remit to the Commission a copy of each
document required to be filed with any Federal, State or local regulatory
agency.
(b) Operational Requirements:
(1) A licensee shall submit quarterly reports
to the Commission providing amounts wagered by residents in this Commonwealth
and amounts wagered on races in this Commonwealth.
(2) A licensee shall contribute to the
horsemen's purse account in accordance with section 9331(d) of the act
(relating to pari-mutuel wagering at nonprimary locations) as directed by the
Commission.
(3) A licensee shall
not commingle account funds with other funds.
(4) A licensee shall provide quarterly
financial statements to the Commission for the first calendar year of operation
if the licensee does not have audited financial statements for the last 3 years
as referenced in section 9353(a)(4) of the act (relating to license application
procedures).
(5) A licensee shall
use and communicate pari-mutuel wagers to a totalisator licensed by the
Commission.
(6) A licensee shall
operate and communicate with the totalisator in a way as not to provide or
facilitate a wagering advantage based on access to information and processing
of wagers by account holders relative to individuals who wager at licensed
racing entities or simulcast facilities.
(7) All personnel processing wagers made by
residents of this Commonwealth shall be licensed by the Commission.
(8) Accounts shall only be accepted in the
name of an individual and shall not be transferable. Only individuals who have
established accounts with a licensee may wager through a licensee.
(9) Each account holder shall provide
personal information as the licensee and the Commission require, including all
of the following:
(i) Name.
(ii) Principal residence address.
(iii) Telephone number.
(iv) Social Security number.
(v) Date of birth.
(vi) Other information necessary for account
administration.
(10) The
information supplied by the account holder shall be verified by the licensee
using means acceptable to the Commission.
(11) The licensee shall provide each account
holder a secure personal identification code and password to be used by the
account holder to confirm the validity of every account transaction.
(12) An employee or agent of the licensee
shall not disclose any confidential information except as follows:
(i) To the Commission.
(ii) To the account holder as required by
this chapter.
(iii) To the licensee
and its affiliates.
(iv) To the
licensed racing entity as required by the agreement between the licensee and
the licensed racing entity.
(v) As
otherwise required by law.
(13) The licensee shall provide each account
holder a copy of account holder rules and the terms of agreement and other
information and materials that are pertinent to the operation of the
account.
(14) The licensee may
refuse to establish an account if it is found that any of the information
supplied is false or incomplete or for any other reason the licensee deems
sufficient.
(15) Each account shall
be administered in accordance with the account holder rules and the terms of
agreement provided to account holders, including:
(i) Placing of wagers.
(ii) Deposits to accounts.
(iii) Credits to accounts.
(iv) Debits to accounts.
(v) Refunds to accounts.
(vi) Withdrawals from accounts.
(vii) Minimum deposit requirements.
(viii) Fees per wager.
(ix) Rebates.
(16) Each licensee shall have protocols in
place and shall publicize to its account holders when the wagers are excluded
from a host racetrack's wagering pool. These protocols shall include an
immediate electronic mail message to affected account holders and immediate
posting on the licensee's publicly accessible Internet web site.
(17) A licensee shall maintain complete
records of the application and the opening of an account for the life of the
account plus 2 additional years. A licensee shall also maintain complete
records of the closing of an account for 2 years after closing. These records
shall be provided to the Commission upon request.
(18) A licensee shall maintain complete
records of all transactions, including deposits, credits, debits, refunds,
withdrawals, fees, wagers, rebates and earnings for 2 years. These records
shall be provided to the Commission upon request.
(19) All wagering conversations, transactions
or other wagering communications, verbal or electronic, shall be recorded by
means of the appropriate electronic media and the tapes or other records of the
communications shall be kept by the licensee for a period of 2 years. These
tapes and other records shall be made available to the Commission upon
request.
(20) The recording of the
confirmation of the transaction, as reflected in the voice or other data
recording, shall be deemed to be the actual wager regardless of what was
recorded by the totalisator.
(21) A
licensee shall not accept wagers if its recording system is not
operable.
(22) The Commission may
monitor the equipment and staff and review the records of a licensee and any of
the transactions conducted by the licensee with regards to wagers made by
residents of this Commonwealth.
(23) A licensee may suspend or close any
account for violation of the account holder rules and the terms of agreement or
any other reason it deems sufficient, if the licensee returns to the account
holder all money then on deposit within 7 calendar days.
Disclaimer: These regulations may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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