Wyoming Administrative Code
Agency 038 - Wyoming Gaming Commission
Sub-Agency 0001 - Pari-Mutuel
Chapter 9 - RULES FOR PARI-MUTUEL BETTING
Section 9-2 - Advance Deposit Wagering
Universal Citation: WY Code of Rules 9-2
Current through September 21, 2024
(a) Definitions
(i) ACCOUNT, an advance deposit wagering
account used to record credits, debits, deposits and withdrawals.
(ii) ACCOUNT HOLDER, a natural person that
has established an account.
(iii)
ACCOUNT NUMBER, a unique identification number designated by the Permittee,
betting system, or the Wyoming hub.
(iv) ADVANCE DEPOSIT WAGERING, a form of
pari-mutuel wagering in which an account holder, residing within or outside
Wyoming, establishes an account and then authorizes a Commission approved
Permittee, Betting System or WY Hub, by telephone or other electronic media, to
place wagers on racing on the accountholder's behalf. Only the Permittee,
Betting System, or Wyoming Hub that holds the account can make an advance
deposit wager for the account holder. Wagering instructions that concern funds
held in an account shall be deemed issued within the enclosure of the
Permittee.
(v) APPLICANT, any
entity including, but not limited to, corporations, partnerships, limited
liability companies, limited partnerships, or individuals that file an
application to conduct advance deposit wagering.
(vi) APPLICATION, the application that must
be Commission-approved prior to a Permittee, betting system or WY Hub being
permitted to conduct pari-mutuel wagering.
(vii) BETTING SYSTEM, a business conducted
for Wyoming that facilitates pari-mutuel wagering on races it offers in its
wagering menu.
(viii) COMMISSION,
the Wyoming Pari-mutuel Commission.
(ix) CONFIDENTIAL INFORMATION:
(A) The amount of money credited to, debited
from, or present in any particular account holder's Account.
(B) The amount of money wagered by a
particular account holder on any races or series of races.
(C) The account number and secure means of
personal identification of an account holder.
(D) The identities of particular entries on
which the account holder is wagering or has wagered.
(E) Unless otherwise authorized by the
account holder, the name, address, and other information in possession of the
Permittee, betting system or Wyoming Hub that would identify the account holder
to anyone other than the Commission, Permittee, betting system or Wyoming
Hub.
(F) Credit and debit card
information provided by account holder.
(x) CREDITS, all positive inflow of money to
an account.
(xi) DEBITS, all
negative outflow of money when placing a wager and other transaction related
charges from an account or for the purchase of racing related merchandise and
services.
(xii) DEPOSIT, a credit
of money to an account from an account holder.
(xiii) PERMITTEE, any person, entity or
corporation granted a permit by the Commission to conduct pari-mutuel events
within the State of Wyoming.
(xiv)
MEANS OF PERSONAL IDENTIFICATION, the unique number, code or other secure
technology designated by an account holder to assure that only the account
holder has access to his or her account.
(xv) NATURAL PERSON, any person at least 18
years of age.
(xvi) OTHER
ELECTRONIC MEDIA, any electronic communication device or combination of devices
including, but not limited to, personal computers, the Internet, private
networks, interactive television and wireless communication
technologies.
(xvii) PROPER
IDENTIFICATION, a form of identification, accepted in the normal course of
business, that establishes the person making a transaction is the account
holder.
(xviii) WITHDRAWAL, a
payment from an account by the Permittee, betting system, or Wyoming Hub to the
account holder.
(xvix) WITHDRAWAL
SLIP, the form provided by the Permittee, betting system, or Wyoming Hub to an
account holder to withdraw funds.
(b) Duties of Advance Deposit Wagering Permittee
(i) An applicant shall complete an
application for permit to conduct advance deposit Wagering, which is available
at the Commission's administrative office. The application must be filed no
later than 60 days in advance of the scheduled start date of operation.
(ii) Applicants shall provide
financial information that demonstrates the financial resources to operate
advance deposit wagering and provide a detailed budget that shows anticipated
revenue, expenditures and cash flows by month, projected for the term of the
permit.
(iii) The Commission may
conduct investigations, inspections or request additional information from the
applicant as it deems appropriate in determining whether to approve the
permit.
(iv) Prior to any account
being established or wagering being conducted, the application submitted to the
Commission must be approved and a permit issued to the applicant. The permit
shall be authorized annually by the Commission.
(v) Subsequent to the issuance of a permit to
conduct advance deposit wagering under this article, changes or amendments to
information or operating procedures contained in an application will be
permitted only by order of the Commission or by Commission approval of a
request for changes or amendments submitted in writing by the
applicant.
(vi) Applicants shall
establish security access policies as set forth:
(A) The applicant shall utilize personal
identification numbers (PINs) or other technologies to assure that only the
account holder has access to the advance deposit wagering account.
(B) The applicant shall allow the commission
access to its premises to visit, investigate, and place expert accountants and
other persons it deems necessary for the purpose of ensuring that its rules and
regulations concerning credit authorization, account access, and other security
provisions are strictly complied with.
(vii) Applicants that accept wagers shall
provide a full accounting and verification of the source of the wagers, and a
detailed wagering information file that includes, but is not limited to, dollar
amount wagered, pool on which the wager was placed, race number and racing
venue, zone, breed, zip code of the account holder, time wagering stopped, and
time of the wager in the form of a daily mutuel data download to the
Commissions designated database.
(viii) The Commission, or its designee, shall
be given access for review and audit of all records. The applicant shall, at
their location during hours of operation, make such information available. The
Commission may require the applicant to annually submit audited financial
statements.
(ix) The Commission
shall prohibit advance deposit wagering advertising that it determines to be
deceptive to the public. The Commission shall also require, by regulation, that
every form of advertising contain a statement that minors are not allowed to
open or have access to advance deposit wagering accounts.
(x) Contact information for a recognized
problem-gambling support organization shall be made available to all account
holders.
(c) Operation of Advance Deposit Wagering
(i) The Permittee may
suspend or close an account. Any account with no activity for at least six
months may be closed. When an account is closed the Permittee shall mail any
funds, less processing fees, within five business days to the account holder at
the address of record.
(ii) Funds
shall be in an interest bearing account.
(iii) Funds in an account shall not bear
interest to the account holder.
(iv) All wagering conversations, transactions
or other wagering communications through the advance deposit wagering system,
verbal or electronic, shall be recorded by means of electronic media, and the
tapes or other records of such communications shall be kept by the Permittee
for 180 days. These tapes and other records shall be made available to the
Commission upon request or order by the Executive Director.
(v) The total amount of all account wagers
shall be included in the respective pools for each race and shall be combined
into the Permittee's pools or directly into the corresponding pools of the host
track.
(vi) Accounts are for
personal use only and the account holder is responsible to maintain the secrecy
of the account number and means of personal identification. The account holder
must immediately notify the Permittee of any breach of the account's
security.
(vii) Upon request of the
account holder, the Permittee shall provide a statement detailing account
activity for the immediate 30 days prior to the request. Unless the Permittee
receives written notice disputing the statement within 14 days of the date the
statement is forwarded, it shall be deemed to be correct.
(viii) Unless otherwise noted on the account
application, the address provided on the application to establish the account
is deemed the address of record for mailing checks, statements of account,
account withdrawals, notices, or other correspondence. It is the responsibility
of the account holder to notify the Permittee of any address change.
(ix) No employee or agent of the Permittee
shall divulge any confidential information related to an advance deposit
wagering account, the placing of any wager or any confidential information
related to the operation of the advance deposit wagering system without the
consent of the account holder, except to the account holder as required by this
article, the Commission, and as otherwise required by state or federal
law.
(x) Account holders shall
designate if they want to use a credit card to make deposits to their account.
Changes to that designation shall require 24 hours' notice to the
Permittee.
(d) Requirements to Establish an Advance Deposit Wagering Account
(i) Accounts shall be established in person,
by mail, telephone or other electronic media before any wagering shall be
conducted. An account shall only be established in the name of a natural person
and is non-transferable.
(ii) Any
individual prohibited from wagering under Wyoming Pari-mutuel Commission Rules
shall be prohibited from establishing an account or placing a wager.
(iii) The information required to establish
an account shall include:
(A) Account holder's
full legal name.
(B) Principal
residence address.
(C) Mailing
Address, e-mail address, when available.
(D) Telephone number.
(E) Social Security number.
(F) Identification or certification to prove
the account holder is at least 18 years of age.
(G) Completed W-9 form.
(H) Whether the account holder wants to use a
credit card to make deposits to their account.
(I) Signature of applicant.
(iv) The Permittee shall employ
electronic verification with respect to each account holder's name, principal
residence address, date of birth and Social Security number at the time of
account establishment by a Commission-approved national independent reference
company or another independent technology approved by the Commission which
meets or exceeds the reliability, security, accuracy, privacy and timeliness
provided by individual reference service companies.
(v) The Permittee may refuse to establish an
account if it is found that any of the information supplied is untrue or
incomplete.
(vi) When an account is
established the Permittee shall designate an account number for each account.
The number can be changed provided the account holder is informed prior to any
change.
(vii) The account holder
shall designate a means of personal identification to use to access their
account.
(viii) The Permittee shall
inform the account holder of the assigned account number and provide a copy of
its advance deposit wagering procedures, terms and conditions as well as any
information that pertains to the operation of the account.
(ix) Each Permittee shall, at all times,
comply with Internal Revenue Service (IRS) requirements for reporting and
withholding proceeds from advance deposit wagers by account holders and shall
send to account holders subject to IRS reporting or withholding a Form W2-G
summarizing the information for tax purposes following a winning wager being
deposited into an account. Upon written request, the Permittee shall provide
account holders with summarized tax information on advance deposit wagering
activities.
(e) Deposits to an Advance Deposit Wagering Account
(i)
Deposits to an Account shall be made in the following form:
(A) Cash deposits made directly.
(B) Personal checks, cashier's checks and
money orders made directly or mailed.
(C) Debits to an account holder's credit card
or debit card, upon direct instructions of the account holder, providing the
use of such card has been pre-approved by the Permittee and designated by the
account holder at least 24 hours in advance. The account holder may be liable
for any charges imposed by the transmitting or receiving Permittee and the
charges may be deducted from the account holder's account.
(D) Debits by electronic fund transfer (EFT)
from a monetary account controlled by an account holder. The account holder may
be liable for any charges imposed by the transmitting or receiving Permittee
and the charges may be deducted from the account holder's account.
(E) Cashier's checks, money orders and EFTs
shall be given immediate credit upon presentation. Credit cards or debit cards
shall be given immediate credit upon authorization from the issuer.
(F) Permittees shall disclose their policy
regarding the acceptance of personal checks to the account holder.
(f) Placing an Advance Deposit Wager
(i) Debits to an account shall
be made in the following form:
(A) The
Permittee shall debit the amount wagered by an account holder.
(B) Wagers shall not be accepted in an amount
in excess of an account balance.
(C) The Permittee may debit the account for
service or other transaction-related charges.
(D) The Permittee may debit the account for
purchases of racing related merchandise and services requested by an account
holder.
(g) Withdrawals from an Advance Deposit Wagering Account
(i) Withdrawals shall be completed within
five business days after the Permittee receives a request from an account
holder by mail, by telephone, or other electronic media accompanied by the
valid account number and a means of personal identification or, if by mail, a
signed completed withdrawal slip.
(ii) If sufficient funds are available, the
Permittee shall send a check payable to the account holder in the amount of the
requested withdrawal to the address of record.
(iii) If sufficient funds are not available,
the Permittee shall, within five business days of receipt, provide notification
to the account holder of insufficient funds and send a check, payable to the
account holder, in the amount of the funds available, to the address of
record.
(iv) An EFT may be used in
lieu of a check at the discretion of the account holder and the Permittee,
subject to the same conditions set forth in Chapter. 9 Sec. 2 (e).
(v) Account Holders may make withdrawals in
person with such identification as required by the Permittee, the valid account
number, and a means of personal identification.
(h) Credit for Winning Wagers and Scratched Entries
(i) The Permittee, betting system, or
Wyoming Hub shall post credits for winnings from advance deposit wagers and any
credit for wagers on a scratched entry to the account after the race is
declared official.
(i) Proceeds from a Deceased Account Holder
(i) If
an account holder is deceased, the Permittee, betting system, or WY Hub shall
release the funds in the account to the decedent's legal representative upon
receipt of a copy of a probate court authorization or other documents as
required by applicable Wyoming or other state laws.
Disclaimer: These regulations may not be the most recent version. Wyoming 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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