RULES AND REGULATIONS
Title 58—RECREATION
PENNSYLVANIA GAMING CONTROL BOARD
[ 58 PA. CODE CHS. 1201—1209 ]
Fantasy Contests; Temporary Regulations
[48 Pa.B. 2559]
[Saturday, April 28, 2018]The Pennsylvania Gaming Control Board (Board), under the general authority in 4 Pa.C.S. § 311(a) and (b)(6) (relating to general and specific powers of board) and the specific authority in 4 Pa.C.S. § 312 (relating to temporary regulations), promulgates regulations governing the licensing, conduct and regulatory oversight of fantasy contests in this Commonwealth to read as set forth in Annex A.
Purpose of this Temporary Rulemaking
This temporary rulemaking will provide a regulatory oversight structure for the conduct of fantasy contests in this Commonwealth.
This temporary rulemaking is necessary to implement 4 Pa.C.S. Chapter 3 (relating to fantasy contests), the intent of which is to ensure that fantasy contests operated in this Commonwealth are conducted by operators have been vetted for suitability, to ensure the accountability for player accounts and fairness of the conduct of play, as well as to provide player protection mechanisms including player imposed account and play limitations and self-exclusion options.
Explanation
Subpart O (relating to fantasy contests) establishes the temporary regulations necessary for the Board to license fantasy contest operators who make fantasy contests available through an Internet connection and through fantasy contest terminals in licensed gaming facilities, as well as of the principals and key employees of the licensed operators. In addition, Subpart O provides rules for player accounts, licensed operator duties and restrictions, and accounting and internal controls governing the conduct of fantasy contests. Finally, Subpart O addresses advertising, compulsive and problem gambling, and self-exclusion of players from fantasy contest activities in this Commonwealth.
Subpart O establishes a broad regulatory oversight structure for fantasy contests. Section 1201.2 (relating to definitions) provides definitions of terms used throughout Subpart O for the conduct of fantasy contests.
This temporary rulemaking identifies five categories of licensees based upon the statutory criteria for licensure in 4 Pa.C.S. Chapter 3. See 4 Pa.C.S. § 321 (relating to general prohibition). Categories subject to licensure include fantasy contest operators and their principals and key employees, as well as licensed gaming entities which elect to receive a fantasy contest license permitting them to operate fantasy contest terminals within the facility and gaming service providers.
Chapter 1202 (relating to application requirements—temporary regulations) establishes the application and general requirements under which fantasy contest operators, licensed gaming entities, principals, key employees and gaming service providers shall apply to the Board for approval to participate in the regulated conduct of fantasy contests.
Chapter 1203 (relating to application process—temporary regulations) provides for a preliminary review of the application, the processing of applications by Board staff, deficient and abandoned applications, avenues for withdrawing an application from consideration, the terms and renewal periods for licenses and the registration of licensed entity representatives with the Board.
Chapter 1204 (relating to fantasy contest licenses—temporary regulations) addresses the issuance of the fantasy contest license and the conditions placed thereon.
Sections 1205.1 and 1205.2 (relating to fantasy contests generally; and procedures to govern the conduct of fantasy contests) address the requirements for a fantasy contest and the procedures by which fantasy contests shall be operated. Section 1205.3 (relating to fantasy contest accounts) sets forth the requirements for player fantasy contest accounts assuring age, location and identity verifications, funding of player accounts, password access, account options to restrict or limit play as elected by the player, and account withdrawal and closing procedures.
Section 1205.4 (relating to fantasy contest licensed operator duties) imposes affirmative duties on fantasy contest operators to ensure compliance with statutory and regulatory mandates designed to assure integrity of the fantasy contests as well as safeguarding of player's information and assets. Section 1205.5 (relating to fantasy contest licensed operator restrictions) sets forth restrictions on fantasy contest operations which provide a minimum age for players, limit the sports which can form the basis of fantasy contests, fulfill requirements that a player have established a verified account prior to play, prohibit the issuance of credit to a player and impose a host of restrictions designed to promote fairness in the play of fantasy contests. Section 1205.6 (relating to licensed gaming entities) provides for licensed gaming entities to obtain fantasy contest terminals if desired. Section 1205.7 (relating to record and data retention) addresses record and data retention requirements designed to enhance auditing and accountability.
Chapter 1206 (relating to accounting and internal controls—temporary regulations) addresses the accounting and internal control requirements for fantasy contest operators. Chapter 1206 requires submission to the Board and approval prior to commencement of play.
Chapter 1207 (relating to advertising—temporary regulations) addresses advertising of fantasy contests and provides standards to prohibit false or misleading advertising, portraying minors in the advertisements, representing endorsements by sports prohibited from forming the basis of fantasy contest and marketing to persons on the self-exclusion list.
Chapter 1208 (relating to compulsive and problem gaming—temporary regulations) requires signage providing information sources for those experiencing compulsive or problem gaming.
Chapter 1209 (relating to self-exclusion—temporary regulations) establishes a self-exclusion procedure for individuals who voluntarily seek to be prohibited from playing fantasy contests.
Fiscal Impact
Commonwealth
The Board expects that this temporary rulemaking will have a very minimal fiscal impact on the Board and other Commonwealth agencies, which primarily is the result of the need for some additional personnel needed to process applications and review, as well as to monitor and regulate the conduct of fantasy contests. Most of the additional duties will be absorbed by existing Board staff. The costs of the temporary regulations will be paid for by an assessment against the licensed fantasy contest operators' fantasy contest adjusted revenue as determined by the Department of Revenue.
Political subdivisions
This temporary rulemaking will not have fiscal impact on political subdivisions of this Commonwealth.
Private sector
This temporary rulemaking is not anticipated to impose a negative fiscal impact on the regulated entities. The decision to participate in fantasy contests by an eligible fantasy contest operator is not mandated by 4 Pa.C.S. Chapter 3 but is left to the discretion of those qualifying establishments.
If pursued, there will be licensing costs as set forth by 4 Pa.C.S. Chapter 3. Otherwise, additional costs to operators will likely be negligible since fantasy contests are currently be operated in other regulated jurisdictions or in unregulated jurisdictions. Any costs incurred to operate fantasy contests in this Commonwealth should be offset by the operator proceeds of the fantasy contests.
General public
This temporary rulemaking will not have fiscal impact on the general public.
Paperwork Requirements
A fantasy contest licensed operator, licensed gaming entity, gaming service provider, and principals and key employees thereof involved in the provision of fantasy contests in this Commonwealth will be required to file applications with the Board providing information regarding the person's proposed activity, as well as accounting and internal control protocols and background information of each individual sufficient to permit the Board to determine the individual's suitability for licensure.
Effective Date
The temporary rulemaking will become effective upon publication in the Pennsylvania Bulletin and expires 2 years after publication.
Public Comments
Interested persons are invited to submit written comments, suggestions or objections regarding the temporary rulemaking within 30 days after publication in the Pennsylvania Bulletin to R. Douglas Sherman, Chief Counsel, Attention: Regulation # 125-212 Public Comment, Pennsylvania Gaming Control Board, P.O. Box 69060, Harrisburg, PA 17106-9060.
Contact Person
The contact person for questions about this temporary rulemaking is R. Douglas Sherman, Chief Counsel, (717) 346-8300.
Regulatory Review
Under 4 Pa.C.S. § 312, the Board is granted the authority to promulgate temporary regulations which shall expire no later than 2 years following publication in the Pennsylvania Bulletin. The temporary regulations are not subject to sections 201—205 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201—1205), known as the Commonwealth Documents Law, the Regulatory Review Act (71 P.S. §§ 745.1—745.14) and section 204(b) of the Commonwealth Attorneys Act (71 P.S. § 732-204(b)). The authority to adopt temporary regulations expires 2 years after the publication of the temporary regulations, after which regulations adopted by the Board will be promulgated as provide by law.
Findings
The Board finds that:
(1) Under 4 Pa.C.S. § 312, the temporary regulations are exempt from the requirements in the Regulatory Review Act, sections 201—205 of the Commonwealth Documents Law and section 204(b) of the Commonwealth Attorneys Act.
(2) The adoption of the temporary regulations is necessary and appropriate for the administration and enforcement of 4 Pa.C.S. Chapter 3.
Order
The Board, acting under 4 Pa.C.S. Chapter 3, orders that:
(1) The regulations of the Board, 58 Pa. Code, are amended by adding temporary §§ 1201.1, 1201.2, 1202.1—1202.6, 1203.1—1203.5, 1204.1, 1205.1—1205.7, 1206.1, 1207.1, 1208.1, 1208.2 and 1209.1—1209.5 to read as set forth in Annex A.
(2) The temporary regulations will be posted on the Board's web site.
(3) The temporary regulations are subject to amendment as deemed necessary by the Board.
(4) The Chairperson of the Board has certified this order and Annex A and shall deposit them with the Legislative Reference Bureau as required by law.
(5) These temporary regulations are effective upon publication in the Pennsylvania Bulletin and expire on April 28, 2020.
DAVID M. BARASCH,
ChairpersonFiscal Note: 125-212. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart O. FANTASY CONTESTS Chap.
1201. FANTASY CONTESTS GENERALLY—TEMPORARY REGULATIONS 1202. APPLICATION REQUIREMENTS—TEMPORARY REGULATIONS 1203. APPLICATION PROCESS—TEMPORARY REGULATIONS 1204. FANTASY CONTEST LICENSES—TEMPORARY REGULATIONS 1205. FANTASY CONTESTS—TEMPORARY REGULATIONS 1206. ACCOUNTING AND INTERNAL CONTROLS—TEMPORARY REGULATIONS 1207. ADVERTISING—TEMPORARY REGULATIONS 1208. COMPULSIVE AND PROBLEM GAMING—TEMPORARY REGULATIONS 1209. SELF-EXCLUSION—TEMPORARY REGULATIONS
CHAPTER 1201. FANTASY CONTESTS GENERALLY—TEMPORARY REGULATIONS Sec.
1201.1. Scope. 1201.2. Definitions. § 1201.1. Scope.
The purpose of this subpart is to implement and govern the operation and conduct of fantasy contests in this Commonwealth as provided for in 4 Pa.C.S. Chapter 3 (relating to fantasy contests).
§ 1201.2. Definitions.
The following words and terms, when used in this subpart, have the following meanings, unless the context clearly indicates otherwise:
Applicant—A person who, on his own behalf or on behalf of another, is applying for permission to engage in any act or activity which is regulated under this subpart. If the applicant is a person other than an individual, the Board will determine the associated persons whose qualifications are necessary as a precondition to the licensing of the applicant.
Beginner—A participant who has entered fewer than 51 contests offered by a single licensed operator or who does not meet the definition of ''highly-experienced player.''
Entry fee—The cash or cash equivalent paid by a participant to a licensed operator to participate in a fantasy contest.
Fantasy contest—
(i) An online fantasy or simulated game or contest with an entry fee and a prize or award in which all of the following apply:
(A) The value of all prizes or awards offered to winning participants is established and made known to participants in advance of the contest and the value is not determined by the number of participants or the amount of any fees paid by those participants.
(B) All winning outcomes reflect the relative knowledge and skill of participants and are determined by accumulated statistical results of the performance of individuals, including athletes in the case of sports events.
(C) The winning outcome is not based on the score, point spread or performance of a single actual team or combination of teams, or solely on a single performance of an individual athlete or player in a single actual event.
(ii) The term does not include social fantasy contests.
Fantasy contest account—The formal electronic system implemented by a licensed operator to record a participant's entry fees, prizes or awards and other activities related to participation in the licensed operator's fantasy contests.
Fantasy contest license—A license issued by the Board authorizing a person to offer fantasy contests in this Commonwealth in accordance with this subpart.
Fantasy contest terminal—A computerized or electronic terminal or similar device within a licensed facility that allows participants to do all of the following:
(i) Register for a fantasy contest account.
(ii) Pay an entry fee.
(iii) Select athletes for a fantasy contest.
(iv) Receive winnings.
(v) Otherwise participate in a fantasy contest.
Highly experienced player—
(i) Any participant who has done all of the following:
(A) Entered more than 1,000 fantasy contests.
(B) Won more than three fantasy contest prizes or awards valued at $1,000 or more.
(ii) Once a participant is classified as a highly-experienced player, a player shall remain classified as a highly-experienced player.
Key employee—An individual who is employed by an applicant for a fantasy contest license or a licensed operator in a director or department head capacity or who is empowered to make discretionary decisions that regulate fantasy contest operations as determined by the Board.
Licensed facility—
(i) The physical land-based location at which a licensed gaming entity is authorized to place and operate slot machines and, if authorized by the Board, to conduct table games or interactive gaming, or both.
(ii) The term includes any of the following:
(A) An area of a licensed racetrack at which was previously authorized under 4 Pa.C.S. § 1207(17) (relating to regulatory authority of board) to operate slot machines prior to the April 28, 2018.
(B) A Board-approved interim facility or temporary facility.
(C) An area of a hotel which the Board determines is suitable to conduct table games.
(D) An area of a licensed facility where casino simulcasting is conducted, as approved by the Board.
(iii) The term does not include a redundancy facility or an interactive gaming restricted area which is not located on the premises of a licensed facility as approved by the Board and which is maintained and operated by an interactive gaming certificate holder in connection with interactive gaming or casino simulcasting.
Licensed operator—A person who holds a fantasy contest license.
Participant—An individual who participates in a fantasy contest, whether the individual is located in this Commonwealth or another jurisdiction.
Person—A natural person, corporation, publicly traded corporation, foundation, organization, business trust, estate, limited liability company, licensed corporation, trust, partnership, limited liability partnership, association or any other form of legal business entity.
Principal—An officer, director or person who directly holds a beneficial interest in or ownership of the securities of an applicant for a fantasy contest license or a licensed operator, a person who has a controlling interest in an applicant for a fantasy contest license or a licensed operator or who has the ability to elect a majority of the board of directors of a licensed operator or to otherwise control a licensed operator, lender or other licensed financial institution of an applicant for a fantasy contest license or a licensed operator, other than a bank or lending institution which makes a loan or holds a mortgage or other lien acquired in the ordinary course of business, underwriter of an applicant for a fantasy contest license or a licensed operator or other person or employee of an applicant for a fantasy contest license or a licensed operator deemed to be a principal by the Board.
Prize or award—Anything of value worth $100 or more, or any amount of cash or cash equivalents.
Publicly traded corporation—A person, other than an individual, who:
(i) Has a class or series of securities registered under the Securities Exchange Act of 1934 (15 U.S.C.A. §§ 78a—78qq).
(ii) Is a registered management company under the Investment Company Act of 1940 (15 U.S.C.A. §§ 80a-1—80a-64).
(iii) Is subject to the reporting requirements under section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.A. § 78o(d)) by reason of having filed a registration statement that has become effective under the Securities Act of 1933 (15 U.S.C.A. §§ 77a—77aa).
Script—A list of commands that a fantasy contest related computer software program can execute that is created by a participant or third party not approved by the licensed operator to automate processes on a licensed operator's fantasy contest platform.
Season-long fantasy contest—A fantasy contest offered by a licensed operator that is conducted over an entire sports season.
Social fantasy contest—A fantasy contest which meets one or more of the following criteria:
(i) Nothing is offered to participants other than game-based virtual currency that cannot be redeemed for cash, merchandise or anything of value outside the context of game play.
(ii) The contest is free to all participants.
(iii) The entity offering the contest does not receive compensation other than an administrative fee for the maintenance of statistical information in connection with the contest.
(iv) The winnings offered are of no greater value than the lowest individual fee charged to a single participant for entering or participating in the contest.
(v) The contest encompasses an entire season of the activity in which the underlying competition is being conducted and the winnings offered, if any, are determined by agreement of the participants only to distribute fully the participants' contributions to a fund established to grant the winnings for the contest.
Suspicious transaction—A transaction between a licensed operator or an employee of a licensed operator and an individual that involves the acceptance or redemption by a person of cash or cash equivalent involving or aggregating $5,000 or more which a licensed operator or employee of a licensed operator knows, suspects or has reason to believe:
(i) Involves funds derived from illegal activities or is intended or conducted to conceal or disguise funds or assets derived from illegal activities.
(ii) Is part of a plan to violate or evade a law or regulation to avoid a transaction reporting requirement under the laws or regulations of the United States or the Commonwealth, including a plan to structure a series of transactions to avoid a transaction reporting requirement under the laws of the United States or the Commonwealth.
(iii) Has no apparent lawful purpose or is not the type of transaction in which a person would normally be expected to engage and the licensed operator or employee knows of no reasonable explanation for the transaction after examining the available facts, including the background and possible purpose of the transaction.
CHAPTER 1202. APPLICATION REQUIREMENTS—TEMPORARY REGULATIONS Sec.
1202.1. General licensing requirements. 1202.2. Fantasy contest licenses. 1202.3. Licensed gaming entities. 1202.4. Principals. 1202.5. Key employees. 1202.6. Gaming service providers. § 1202.1. General licensing requirements.
A fantasy contest license holder may conduct fantasy contests in this Commonwealth in accordance with 4 Pa.C.S. Chapter 3 (relating to fantasy contests) and this subpart.
§ 1202.2. Fantasy contest licenses.
(a) An application for a fantasy contest license shall be submitted on forms or in an electronic format supplied or approved by the Board and must contain all of the following information:
(1) The identity of the applicant as follows:
(i) If the applicant is an individual, the name, Federal employer identification number, contact information and business address of the applicant.
(ii) If the applicant is a corporation, the name and business address of the corporation, the state of its incorporation, and the full name, contact information and business address of each officer and director thereof.
(iii) If the applicant is a foreign corporation, the name and business address of the corporation, whether it is qualified to do business in this Commonwealth, and the full name, contact information and business address of each officer and director thereof.
(iv) If the applicant is a partnership or joint venture, the name, contact information and business address of each officer thereof.
(2) The name and location of the applicant's licensed facility, if applicable.
(3) The name, contact information and business address of the person having custody of the applicant's financial records.
(4) The name and business address, job title, fingerprints and a photograph of each principal and key employee of the applicant who will be involved in fantasy contests and who is not currently licensed by the Board, if known. If the principal and key employee are currently licensed by the Board, the application must specifically identify their participation in offering fantasy contests.
(5) Information and documentation concerning financial background and resources, as the Board may require, to establish by clear and convincing evidence the financial stability, integrity and responsibility of the applicant.
(6) A copy of any agreement or agreements the applicant has entered into or a detailed description of the terms and conditions of any agreement the applicant will enter into to facilitate the operation or conduct of fantasy contests.
(7) Any other information the Board may require.
(b) Upon request of the Board or Board staff, the applicant shall cooperate and provide supplemental information in support of its application. The applicant shall provide requested documents, records, supporting data and other information within the time period specified in the request or, if no time is specified, within 30 days of the date of the request. If the applicant fails to provide the requested information within the required time period in the request, the Board may deny the application.
(c) The application, and amendments thereto, and other specific documents designated by the Board shall be sworn to or affirmed by the applicant before a notary public which shall be filed promptly with the Board.
(d) An application and related materials that have been submitted to the Board will become the property of the Board and will not be returned to the applicant.
§ 1202.3. Licensed gaming entities.
(a) An abbreviated application for a fantasy contest license by a licensed gaming entity may be submitted on forms or in an electronic format supplied or approved by the Board.
(b) Upon request of the Board or Board staff, the applicant shall cooperate and provide supplemental information in support of its application. The applicant shall provide requested documents, records, supporting data and other information within the time period specified in the request or, if no time is specified, within 30 days of the date of the request. If the applicant fails to provide the requested information within the required time period in the request, the Board may deny the application.
(c) The application, and amendments thereto, and other specific documents designated by the Board shall be sworn to or affirmed by the applicant before a notary public which shall be filed promptly with the Board.
(d) An application and related materials that have been submitted to the Board will become the property of the Board and will not be returned to the applicant.
§ 1202.4. Principals.
(a) A principal as defined in this subpart shall apply for licensure as a principal in accordance with § 433a.8 (relating to principal applications).
(b) In addition to information required under § 433a.8, an individual required to be licensed as a principal, unless otherwise directed by the Board, shall submit all of the following:
(1) The nonrefundable application fee posted on the Board's web site.
(2) A description of responsibilities as a principal.
(3) Details relating to a similar license, permit or other authorization obtained in another jurisdiction.
(4) The consent to a background investigation by the Bureau and a release to obtain the information necessary for the completion of the background investigation.
(5) Other information required by the Board.
(c) Following review of the application and background investigation, the Board may approve a principal license if the applicant has proven by clear and convincing evidence that the applicant is a person of good character, honesty and integrity, and is eligible and suitable to be licensed as a principal.
(d) A principal license is not transferable.
(e) A temporary credential, which may be valid up to 270 days, may be issued by the Board to a principal if the Board determines additional time is needed to complete an investigation for licensure.
§ 1202.5. Key employees.
(a) A key employee as defined in this subpart shall apply for licensure as a key employee in accordance with § 435a.2 (relating to key employee license).
(b) In addition to information required under § 435a.2, an individual required to be licensed as a key employee, unless otherwise directed by the Board, shall submit all of the following:
(1) The nonrefundable application fee posted on the Board's web site.
(2) A description of employment responsibilities.
(3) The consent to a background investigation by the Bureau and a release to obtain the information necessary for the completion of the background investigation.
(4) Details relating to a similar license or other authorization obtained in another jurisdiction.
(5) Other information required by the Board.
(c) Following review of the application and background investigation, the Board may approve a key employee license if the applicant has proven by clear and convincing evidence that the applicant is a person of good character, honesty and integrity, and is eligible and suitable to be licensed as a key employee.
(d) A temporary credential, which may be valid up to 270 days, may be issued by the Board to a key employee if the Board determines additional time is needed to complete an investigation for licensure.
(e) An individual may not perform duties associated with a position that requires a key employee license prior to receiving a temporary or permanent credential unless otherwise authorized by the Board.
§ 1202.6. Gaming service providers.
The Board may, in its discretion, require a licensed operator who is not a licensed gaming entity to apply for a certificate or registration as a gaming service provider to provide fantasy contests to, or on behalf of, a licensed gaming entity under 4 Pa.C.S. § 342 (relating to licensed gaming entities).
CHAPTER 1203. APPLICATION PROCESS—TEMPORARY REGULATIONS Sec.
1203.1. Application review and processing. 1203.2. Application withdrawal. 1203.3. Existing activity. 1203.4. Renewals. 1203.5. Licensed entity representatives. § 1203.1. Application review and processing.
(a) The Board will review applications submitted under this subpart to ensure compliance with 4 Pa.C.S. Chapter 3 (relating to fantasy contests) and Board regulations.
(b) If an applicant fails to include any required documentation or information, the Board will notify the applicant and give him an opportunity to cure the deficiency.
(c) Upon a determination that the prerequisites for filing have been met, the application will be accepted for filing and Board staff, if applicable, will:
(1) Obtain information as may be necessary to determine the qualifications of the applicant and any matter relating to the application.
(2) Promptly conduct an investigation of the applicant and on any matter relating to the application, if applicable.
(3) Request the Department to promptly conduct or update a tax clearance review.
(4) Request the Pennsylvania State Police or Federal Bureau of Investigation to conduct or update a criminal history review.
(5) Request any agencies, entities or persons to provide information to the Board as deemed necessary by the Board.
(d) An application submitted under this subpart and information obtained by Board staff relating to the application will be part of the evidentiary record to be utilized by the Board when deciding to approve, condition, issue or deny a fantasy contest license.
(e) A determination as to the merit of the applicant to receive a fantasy contest license will be made within 120 days. If the license is not approved, the Board will provide the applicant with the justification for not issuing the fantasy contest license.
§ 1203.2. Application withdrawal.
(a) A request for withdrawal of an application may be made at any time prior to the Board taking action on the application in accordance with all of the following requirements:
(1) A request for withdrawal of an entity applying for a license, certification or registration, or an individual applying for a principal license shall be made by filing a petition with the Board in accordance with § 493a.4 (relating to petitions generally).
(2) A request for withdrawal of an individual applying for a key employee license or a permit shall be made on a form supplied by the Bureau of Licensing. If Board staff objects to the request for withdrawal, the person filing the form will be notified and may be required to file a petition for withdrawal with the Board in accordance with § 493a.4.
(b) The petition or form must set forth the reasons for the withdrawal.
(c) When rendering a decision on a petition for withdrawal, the Board may set the conditions of withdrawal and may deny or grant the request with or without prejudice.
(d) Unless the Board otherwise directs, fees or other payments relating to an application, license, permit, registration or certification are not refundable by reason of the withdrawal.
§ 1203.3. Existing activity.
An applicant for a fantasy contest license who is conducting fantasy contests in this Commonwealth prior to the effective date of 4 Pa.C.S. Chapter 3 (relating to fantasy contests), or during the time period of a renewal application, may operate fantasy contests during the application or renewal process and prior to the Board granting a fantasy contest license unless the Board has reasonable cause to believe the person or licensed operator is, or may be, in violation of 4 Pa.C.S. Chapter 3 and the Board has required the person to suspend the operation of a fantasy contest until the Board takes action on the application.
§ 1203.4. Renewals.
(a) Licenses and registrations issued under this subpart will be for a term of 5 years from the date of issuance.
(b) An application for renewal of a license or registration shall be submitted at least 180 days prior to the expiration of the license or registration and must include an update of the information in the initial application and any prior renewal applications.
(c) A license, permit or registration for which an application for renewal has been timely filed will continue in effect until the Board acts upon the application for renewal.
§ 1203.5. Licensed entity representatives.
(a) A licensed entity representative shall register with the Board in a manner prescribed by the Board. The registration must include the name, employer or firm, business address and business telephone number of the licensed entity representative and any licensed operator, applicant for licensure or other person being represented.
(b) A licensed entity representative has an affirmative duty to update its registration information on an ongoing basis. Failure to update a registration is punishable by the Board.
CHAPTER 1204. FANTASY CONTEST LICENSES—TEMPORARY REGULATIONS Sec.
1204.1. Fantasy contest license issuance and statement of conditions. § 1204.1. Fantasy contest license issuance and statement of conditions.
(a) Issuance criteria. In addition to the criteria in 4 Pa.C.S. Chapter 3 (relating to fantasy contests), the Board will not issue or renew a fantasy contest license unless all of the following criteria have been established by the applicant:
(1) The applicant has fulfilled each condition set by the Board or contained in 4 Pa.C.S. Chapter 3, including the execution of a statement of conditions.
(2) The applicant is found suitable consistent with the laws of the Commonwealth and is otherwise qualified to be issued a fantasy contest license.
(b) Statement of conditions.
(1) The applicant, as a condition precedent to the issuance of a fantasy contest license, shall execute a Statement of Conditions in the manner and form required by the Board. Execution of the Statement of Conditions constitutes the acceptance of each provision in the Statement of Conditions by the applicant.
(2) Failure to fully comply with any provision in an executed Statement of Conditions constitutes a violation and may result in Board-imposed administrative sanctions, up to and including revocation, against a licensee.
CHAPTER 1205. FANTASY CONTESTS—TEMPORARY REGULATIONS Sec.
1205.1. Fantasy contests generally. 1205.2. Procedures to govern the conduct of fantasy contests. 1205.3. Fantasy contest accounts. 1205.4. Fantasy contest licensed operator duties. 1205.5. Fantasy contest licensed operator restrictions. 1205.6. Licensed gaming entities. 1205.7. Record and data retention. § 1205.1. Fantasy contests generally.
A fantasy contest licensee may offer a fantasy contest only under all of the following conditions:
(1) The value of all prizes or awards offered to winning participants is established and made known in advance of the fantasy contest.
(2) The value of the prize or award is not determined by the number of participants or the amount of fees paid by the participants.
(3) The winning outcome reflects the relative knowledge and skill of the participant.
(4) The winning outcome is not based on the score, point spread or performance of a single actual team or combination of teams, or solely on a single performance of an individual athlete or player in a single actual event.
(5) The winning outcome is based on statistical results accumulated from fully completed athletic sports contests or events, except that participants may be credited for statistical results accumulated in a suspended or shortened sports event which has been partially completed on account of weather or other natural or unforeseen event.
§ 1205.2. Procedures to govern the conduct of fantasy contests.
(a) Each fantasy contest license holder shall establish and implement procedures governing the conduct of fantasy contests, as approved by the Board.
(b) The governing procedures must include, at a minimum, all of the following:
(1) A participant may not be eligible to engage in a fantasy contest by a licensed operator without first establishing a fantasy contest account, unless the fantasy contest is through a fantasy contest terminal in a licensed facility.
(2) Prior to a participant engaging in a fantasy contest or making a deposit in a fantasy contest account, the licensed operator shall verify the age, location and identity of the participant. A person under 18 years of age may not engage in a fantasy contest by a licensed operator. If the participant is utilizing a fantasy contest terminal in a licensed facility, the participant shall be 21 years of age to engage in a fantasy contest.
(3) Each time a participant enters his registered fantasy account, he shall enter his unique username and password to verify his identity.
(4) Prior to accepting of a participant's entry fee for a specific fantasy contest, all Board-approved rules, prizes and award values must be posted on the specific fantasy contest homepage in a clear and decipherable manner.
(5) Provisions to prohibit a participant from participating in beginner fantasy contests, except as provided by 4 Pa.C.S. § 325(4.1)(ii) (relating to conditions of licen- sure). If a participant who is not a beginner attempts to enter a beginner contest, his account shall be temporarily suspended from further fantasy contest participation for 15 days and the fantasy contest operator shall ban the individual from any further participation in beginner fantasy contests offered by the licensed operator.
(6) Provisions to prohibit a highly experienced player from participating in fantasy contests that exclude highly experienced players. In accordance with 4 Pa.C.S. § 325(4.2), if a participant who is a highly experienced player attempts to enter a fantasy contest for which he is ineligible, his account must be temporarily suspended for 15 days and his account shall be banned from entering further contests of this type.
(7) Upon the creation of a fantasy contest account or the engagement of a fantasy contest terminal in a licensed facility, the licensed operator shall require the participant to identify any professional sports in which he currently engages in and which are subject to a fantasy contest and shall limit the participant's account from entering into contests of that sport.
(8) Allowing a person to restrict himself from entering a fantasy contest or accessing a fantasy contest account for a specific period of time as determined by the participant and implement procedures to prevent the person from participating in the licensed operator's fantasy contests.
(9) Allowing a person to restrict the total amount of deposits that the participant may pay to the licensed operator for a specific time period established by the participant and implement procedures to prevent the participant from exceeding the limit.
(10) Establishing procedures to monitor for and prevent the use of scripts.
(11) Establishing procedures determining when a fantasy contest locks and when no further entries or substitutions can be made. The procedures must require that the prize stipulated in the entry rules is available and can be demonstrated upon request of the Board.
(12) A process for a fantasy contest operator to receive and respond to participant complaints and reconciling a participant's fantasy contest account.
§ 1205.3. Fantasy contest accounts.
(a) A participant in a fantasy contest by a licensed operator may only enter a fantasy contest if the participant has established an account with the fantasy contest operator.
(b) The licensed operator shall perform all of the following with respect to each participant account:
(1) Verify the age, location and identity of participants in a fantasy contest prior to accepting an entry in a fantasy contest by the participant account holder.
(2) Assure the participant has funds on account sufficient to pay the fantasy contest entry fee at the time of entry.
(3) Require that each time a participant enters his registered fantasy account, he shall enter his unique username and password to verify his identity.
(4) Provide the account holder the option to:
(i) Restrict the participant from entering a fantasy contest or accessing a fantasy contest account for a specific period of time as determined by the account holder.
(ii) Restrict the total amount of deposits that the participant may pay to the licensed operator for a specific time period established by the participant.
(iii) Restrict the total amount of entry fees that the participant may pay to the licensed operator for a specific time period established by the participant.
(iv) Restrict the number of fantasy contests the participant may enter for a specific time period as determined by the account holder.
(v) With respect to subparagraphs (i)—(iv), a participant may make his limits more restrictive at any time but may not make a limit less restrictive within 90 days of imposing a restriction.
(5) Prevent unauthorized withdrawals from a fantasy contest account.
(6) Establish protocols for participants to withdraw funds whether the account is open or closed.
(7) Establish procedures for closing accounts and paying balances.
(8) Establish procedures for the disbursement of unclaimed prizes.
§ 1205.4. Fantasy contest licensed operator duties.
(a) A licensed operator shall comply with the conditions of licensure in 4 Pa.C.S. Chapter 3 (relating to fantasy contests) and the Board's regulations.
(b) A licensed operator shall continually monitor fantasy contests for conduct which violates the provisions and restrictions of 4 Pa.C.S. Chapter 3 and the Board's regulations, and immediately take steps to report this conduct to the Bureau upon discovery.
(c) A licensed operator shall implement measures to ensure the confidentiality of participants' personal, financial and account information, and to prevent the public disclosure of this information except as provided by law.
(d) A licensed operator shall timely remit all taxes and assessments to the Department as provided for in 4 Pa.C.S. Chapter 3.
(e) A licensed operator shall cooperate with the Board, the Bureau, the Department and law enforcement authorities performing any function or duties related to monitoring, investigating or enforcing 4 Pa.C.S. Chapter 3 or regulations relating to fantasy contest-related activities.
(f) A licensed operator shall permit access to the licensee's premises and fantasy contest terminal premises used in connection with the conduct of fantasy contests for the Board, the Bureau, the Department and the Pennsylvania State Police to facilitate the ability to perform regulatory oversight and law enforcement functions.
(g) A licensed operator shall submit a record of all participant complaints along with a description of how the complaint was resolved and reconciled to the Board on a quarterly basis.
(h) A licensed operator shall submit to the Bureau a record of any suspicious transactions as provided in 4 Pa.C.S. § 325(4.5) (relating to conditions of licensure) within 2 business days of learning of the event.
(i) Each licensed operator shall maintain an office or place of business in this Commonwealth and shall file with the Board the address and contact information for a person or representative in this Commonwealth authorized to receive service of process, documents and requests issued by the Board. If the Board makes a request for information or delivers documents or a notice to that address, it shall constitute receipt of those documents or requests by the licensed operator or applicant. If the Board will require access to the database for the licensed operator, this information shall be kept and be made available to the Board at the Pennsylvania office address.
§ 1205.5. Fantasy contest licensed operator restrictions.
A licensed operator may not do all of the following:
(1) Except as provide in paragraph (2), permit an individual under 18 years of age to participate in a fantasy contest.
(2) Permit an individual under 21 years of age to participate in a fantasy contest which is conducted within a licensed facility.
(3) Offer a fantasy contest based in whole or in part on collegiate or high school events or players.
(4) Permit a participant to enter a fantasy contest prior to establishing a fantasy contest account, unless the licensed operator is also a licensed gaming entity and the participant enters the fantasy contest through a fantasy contest terminal located within the licensed gaming entities licensed facility.
(5) Establish a fantasy contest account for a person who is not an individual.
(6) Alter the rules established for a fantasy contest after a participant has entered the fantasy contest.
(7) Issue credit to a participant to establish or fund a fantasy contest account.
(8) Permit the use of scripts by participants. A licensed operator shall implement technologies to prevent the use of scripts.
(9) Knowingly market to a participant during a time period in which the participant has self-excluded from the licensed operator's fantasy contests.
(10) Knowingly allow a self-excluded person to collect, keep or retain a prize.
(11) Knowingly accept a deposit or entry in excess of a limit established by a participant for the specific time period established by the participant.
(12) Share confidential information that could affect fantasy contest play with third parties until the information is made publicly available.
(13) Knowingly permit a principal, an employee of a licensed operator or a relative living in the same household of an employee, or a principal of a licensed operator to become a participant in a fantasy contest offered by any licensed operator in which the licensed operator offers a prize or award.
§ 1205.6. Licensed gaming entities.
(a) A licensed gaming entity which holds a fantasy contest license may petition the Board for authority to place and operate fantasy contest terminals within the licensed gaming entity's licensed facility.
(b) A licensed gaming entity may not place a fantasy contest terminal on its approved gaming floor. The Board's Executive Director will approve the placement of terminals within the licensed facility.
(c) A participant entering a fantasy contest through a fantasy contest terminal is not required to establish an account with the licensed gaming entity prior to entering the fantasy contest.
(d) A licensed gaming entity which offers a fantasy contest through a fantasy contest terminal may offer slot machine promotional play or table game match play to a participant who is at least 21 years of age as a prize or award or for participating in a fantasy contest conducted by the licensed gaming entity, as approved by the Board.
(e) A licensed gaming entity which obtains authorization from the Board to conduct fantasy contests through fantasy contest terminals is subject to all requirements and restrictions, except for those relating to prior account establishment, in this chapter and Chapters 1206—1209.
§ 1205.7. Record and data retention.
(a) A licensed operator shall retain account information for a 5-year period, including records of deposits into and out of a fantasy contest account, winnings, payouts and withdrawals, and record of participant play of fantasy contests.
(b) A licensed operator shall retain records of each fantasy contest conducted by the licensed operator for a 5-year period.
(c) A licensed operator shall retain copies of all advertisements for at least 2 years from the date of the last use of the advertisement and shall retain records to identify where advertisements were placed.
CHAPTER 1206. ACCOUNTING AND INTERNAL CONTROLS—TEMPORARY REGULATIONS Sec.
1206.1. Fantasy contest accounting and internal controls. § 1206.1. Fantasy contest accounting and internal controls.
(a) At least 45 days prior to commencing fantasy contests under this subpart, except as provided for in § 1203.3 (relating to existing activity), a fantasy contest licensee or an applicant for a fantasy contest license shall submit to the Board for approval all internal control systems and audit protocols for the fantasy contest operations.
(b) An applicant for a fantasy contest license who is conducting fantasy contests in this Commonwealth prior to the effective date of 4 Pa.C.S. Chapter 3 (relating to fantasy contests) shall submit a copy of its internal control systems and audit protocols for the fantasy contest operations simultaneously with its application for a fantasy contest license.
(c) A fantasy contest licensed operator's internal controls and audit protocols must include all of the following:
(1) Provide for reliable records, accounts and reports of any financial event that occurs in the conduct of fantasy contests, including reports to the Board related to fantasy contests.
(2) Provide for accurate and reliable financial records related to the conduct of fantasy contests, including by or through participants located in this Commonwealth.
(3) Establish procedures and security for the recordation of wagering, winnings, and fantasy contest adjusted revenue and taxation.
(4) Establish procedures and security standards for the maintenance of fantasy contests and associated equipment used in connection with the conduct of fantasy contests.
(5) Establish procedures and rules to govern the conduct of fantasy contests and the responsibility of employees related to fantasy contest.
(6) Establish procedures for the collection, recording and deposit of revenue from the conduct of fantasy contests by or through participants located in this Commonwealth.
(7) Establish reporting procedures and records required to ensure that all money generated from fantasy contests by or through participants located in this Commonwealth is accounted for.
(8) Ensure that all functions, duties and responsibilities related to fantasy contests are appropriately segregated and performed in accordance with sound financial practices by qualified employees.
(9) Ensure the confidentiality of participant's personal and financial information.
(10) Ensure the segregation of participant funds from operational funds in separate accounts and maintain a reserve in the form of cash, cash equivalents, security deposits held by banks and processors, an irrevocable letter of credit, payment processor reserves and receivables, a bond or a combination thereof in an amount sufficient to pay all prizes and awards offered to winning participants.
(d) The submissions required under subsections (a) and (b) must include a detailed description of the fantasy contest license operator's administrative and accounting procedures related to fantasy contests, including its written system of internal controls. Each written system of internal controls must include all of the following:
(1) An organizational chart depicting appropriate functions and responsibilities of employees involved in fantasy contests.
(2) A description of the duties and responsibilities of each position shown on the organizational chart.
(3) A detailed narrative description of the administrative and accounting procedures to satisfy the requirements in 4 Pa.C.S. § 325 (relating to conditions of licensure).
(4) The record retention policy of the licensed operator.
(5) The procedure to be utilized to ensure that money generated from the conduct of fantasy contests is safeguarded, including mandatory counting and recording procedures.
(6) Procedures to ensure that recorded accountability for assets is compared with actual assets at intervals required by the Board and appropriate action is taken with respect to discrepancies.
(7) Procedures to be utilized by an employee of a licensed operator in the event of a malfunction of a fantasy contest terminal or other equipment used in the conduct of fantasy contests.
(8) Procedures to be utilized by a licensed operator to prevent minors from entering fantasy contests.
(9) Other items the Board may request in writing to be included in the internal controls.
(10) A statement signed by the chief financial officer of the proposed licensed operator or other competent person and the chief executive officer of the proposed licensed operator or other competent person attesting that the officer believes, in good faith, that the system satisfies the requirements in 4 Pa.C.S. § 325.
(e) Except as provided in § 1203.3, prior to authorizing a licensed operator to commence the conduct of fantasy contests, the Board will review the system of internal controls and audit protocols submitted under subsections (a) and (b) to determine whether it conforms to the requirements in this chapter and whether it provides adequate and effective controls for the conduct of fantasy contests.
(f) If a licensed operator intends to make a change or amendment to its system of internal controls, it shall submit the change or amendment electronically to the Bureau of Gaming Operations in a manner prescribed by the Bureau of Gaming Operations. The licensed operator may implement the change or amendment upon receipt of approval or on the 30th calendar day following the filing of a complete submission unless the fantasy contest licensee receives written notice tolling the change or amendment in accordance with subsection (g) or written notice from the Board's Executive Director rejecting the change or amendment.
(g) If during the 30-day review period in subsection (f), the Bureau of Gaming Operations preliminarily determines that a procedure in a submission contains an insufficiency likely to negatively affect the integrity of fantasy contests or the control of revenue generated from fantasy contests, the Bureau of Gaming Operations, by written notice to the licensed operator, will:
(1) Specify the nature of the insufficiency and, when possible, an acceptable alternative procedure.
(2) Direct that the 30-calendar day review period in subsection (f) be tolled and that any internal controls at issue not be implemented until approved under subsection (i).
(h) Examples of submissions that may contain an insufficiency likely to negatively affect the integrity of fantasy contests include the following:
(1) Submissions that fail to provide information sufficient to permit the review of fantasy contests.
(2) Submissions that fail to provide for the segregation of incompatible functions so that no employee is in a position to commit an error or perpetrate a fraud and to conceal the error or fraud in the normal course of the employee's duties.
(3) Submissions that do not include forms or other materials referenced in the submission or required under 4 Pa.C.S. Chapter 3 or this subpart.
(4) Submissions that would implement operations or accounting procedures not authorized by 4 Pa.C.S. Chapter 3 or this subpart.
(i) When a change or amendment has been tolled under subsection (g), the licensed operator may submit a revised change or amendment within 30 days of receipt of the written notice from the Bureau of Gaming Operations. The licensed operator may implement the revised change or amendment upon receipt of written notice of approval from the Board's Executive Director or on the 30th calendar day following the filing of the revision unless the licensed operator receives written notice tolling the change or amendment in accordance with subsection (g) or written notice from the Board's Executive Director rejecting the change or amendment.
CHAPTER 1207. ADVERTISING—TEMPORARY REGULATIONS Sec.
1207.1. Fantasy contest advertising. § 1207.1. Fantasy contest advertising.
(a) Advertisements related to fantasy contests used by a licensed operator through any form of media, Internet application, or fantasy contest terminal or its agent may not do all of the following:
(1) Contain false or misleading information. An advertisement will be considered misleading if it makes representations about average winnings without equally prominently representing the average net winnings of all players and that not all players will achieve the results referenced.
(2) Portray play by minors (other than professional athletes who may be minors), students, schools, colleges or their settings.
(3) Represent endorsements by minors, college athletes, colleges or college athletic associations.
(4) Appear in a publication that is aimed exclusively or primarily at minors, or individuals attending an elementary or secondary school or school-related event.
(5) Fail to disclose conditions or limiting factors associated with the advertisement.
(b) A licensed operator may not directly market to a person on the Board's fantasy contest self-exclusion list.
(c) A licensed operator or fantasy contest terminal operator or its agent shall discontinue as expeditiously as possible the use of a particular advertisement in this Commonwealth or directed to residents in this Commonwealth upon receipt of written notice that the Board's Office of Compulsive and Problem Gaming has determined that the use of the particular advertisement in this Commonwealth could adversely impact the public or the integrity of fantasy gaming.
CHAPTER 1208. COMPULSIVE AND PROBLEM GAMING—TEMPORARY REGULATIONS Sec.
1208.1. Signage requirements. 1208.2. Problem gambling information. § 1208.1. Signage requirements.
(a) A fantasy contest licensee shall conspicuously post notices on the licensee's web site, including on the account registration and access page, a statement providing the following: ''If you or someone you know has a gambling problem, help is available. Call (1-800-GAMBLER).''
(b) The operator of any fantasy contest terminal shall conspicuously post notice on the front of the fantasy contest terminal and notices on the opening screen and on an account registration or access screen, if applicable, a statement providing the following: ''If you or someone you know has a gambling problem, help is available. Call (1-800-GAMBLER).''
§ 1208.2. Problem gambling information.
A licensed operator shall make available through its web site a Responsible Gaming page, as approved by the Board's Office of Compulsive and Problem Gaming (Office), containing links to compulsive and problem gaming treatment information and provider sites and materials provided by the Office regarding compulsive and problem gaming in a .pdf format which can be viewed, downloaded and printed by an individual.
CHAPTER 1209. SELF-EXCLUSION—TEMPORARY REGULATIONS Sec.
1209.1. Self-exclusion definitions. 1209.2. Self-exclusion procedure. 1209.3. Fantasy contest self-exclusion list. 1209.4. Duties of fantasy contest licensees. 1209.5. Removal from fantasy contest self-exclusion list. § 1209.1. Self-exclusion definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Fantasy contest activity—The play of fantasy contests at any location in this Commonwealth.
Fantasy contest related activity—An activity related to the play of fantasy contests including creating a player account, funding a player account or withdrawing funds on account.
Fantasy contest self-excluded person—A person whose name and identifying information is included, at the person's request, on the fantasy contest self-exclusion list maintained by the Board.
Fantasy contest self-exclusion list—A list of names and identifying information of persons who, under this chapter, have voluntarily agreed to be excluded from the conduct of fantasy contests for a period of time as selected by the person.
Winnings—Any money or thing of value received from, or owed by, a fantasy contest licensee as a result of a fully executed fantasy contest transaction.
§ 1209.2. Self-exclusion procedure.
(a) A person may request to be self-excluded from fantasy contest activities in this Commonwealth.
(b) A person requesting self-exclusion shall complete a form approved by the Board for the purpose of self-excluding from fantasy contests and fantasy contest-related activity, and which is available on the fantasy contest licensee's web site. The person shall do all of the following:
(1) Provide the individual's complete name, including any aliases or nicknames, current address, telephone number, e-mail address, age, date of birth, state of issue of driver's license and driver's license number.
(2) Identify the period of time in years for which the individual seeks to self-exclude. The period of time for fantasy contest self-exclusion may not be less than 1 year.
(3) Agree that, during any period of voluntary self-exclusion, the person may not collect any winnings or recover any losses resulting from any fantasy contest activity.
(4) Agree to release, indemnify, hold harmless and forever discharge the Commonwealth, the Board and all fantasy contest licensees from claims, damages, losses, expenses or liability arising out of, by reason of or relating to the fantasy contest self-excluded person or to any other party for any harm, monetary or otherwise, which may arise as a result of one or more of the following:
(i) The failure of a fantasy contest licensee to withhold fantasy contest privileges from or restore fantasy contest privileges to a fantasy contest self-excluded person.
(ii) Otherwise permitting or not permitting a fantasy contest self-excluded person to engage in fantasy contest activity while on the list of fantasy contest self-excluded persons.
(iii) Confiscation of the individual's winnings.
(5) Agree to other conditions established by the Board.
(c) Forms to be used to request placement on the fantasy contest self-exclusion list must be available on the responsible gaming webpage of each fantasy contest licensed operator's web site. The forms will also be available on the Board's web site.
§ 1209.3. Fantasy contest self-exclusion list.
(a) The Board will maintain the official fantasy contest self-exclusion list and provide access to an updated fantasy contest self-exclusion list on a weekly basis to each licensed operator by transmitting the fantasy contest self-exclusion list electronically to each licensed operator.
(b) The notice provided to licensed operators by the Board will include all of the following information concerning a person who has been added to the fantasy contest self-exclusion list:
(1) The individual's complete name, including any aliases or nicknames.
(2) Current address.
(3) Telephone number.
(4) E-mail address.
(5) Age.
(6) Date of birth.
(7) State of issue of driver's license and driver's license number.
(c) A licensed operator shall establish procedures to ensure that its data base of self-excluded persons is updated to correspond with the Board's current fantasy contest self-exclusion list.
(d) A licensed operator shall maintain a copy of the fantasy contest self-exclusion list and establish procedures to ensure that all appropriate employees and agents of the licensed operator are notified of the updated self-exclusion list within 5 business days after the day notice is transmitted electronically to each fantasy contest license.
(e) Information furnished to or obtained by the Board under this chapter will be deemed confidential and will not be disclosed except in accordance with this chapter and 4 Pa.C.S. § 325(6)(ii) (relating to conditions of licensure).
(f) Except as provided in 4 Pa.C.S. § 325(6)(ii), licensed operators and employees or agents thereof may not disclose the name of, or any information about, a person who has requested fantasy contest self-exclusion to anyone other than employees and agents of the licensed operator whose duties and functions require access to the information.
(g) A fantasy contest self-excluded person may not collect in any manner or in any proceeding any winnings or recover any losses arising as a result of any gaming activity for the entire period of time that the person is on the fantasy contest self-exclusion list.
(h) Winnings incurred by a fantasy contest self-excluded person shall be remitted to the Board to support compulsive and problem gambling programs of the Board.
(i) For the purposes of this section, winnings issued to or redeemed by a fantasy contest self-excluded person will be presumed to constitute winnings subject to remittance to the Board.
§ 1209.4. Duties of fantasy contest licensees.
(a) A fantasy contest licensee shall do all of the following:
(1) Deny fantasy contest related activities to a fantasy contest self-excluded person.
(2) Ensure that a fantasy contest self-excluded persons may not establish an account or deposit money in an established account while the person is on the fantasy contest self-exclusion list.
(3) Retain a record of any attempts of a fantasy contest self-excluded person to engage in fantasy contest related activity and to provide the record to the Board's Office of Compulsive and Problem Gaming (Office) in a form and manner as approved by the Office. The record must include the name of the self-excluded person, the date of the occurrence and a description of the attempted fantasy contest related activity.
(4) Notify the Office within 24 hours of identifying that an individual on the self-exclusion list has gained access to the individual's account or has entered a fantasy contest.
(5) Make available to patrons materials explaining the fantasy contest self-exclusion program.
(b) The list of video gaming self-excluded persons is confidential, and any distribution of the list to an unauthorized source constitutes a violation of 4 Pa.C.S. Chapter 3 (relating to fantasy contests).
§ 1209.5. Removal from fantasy contest self-exclus- ion list.
An individual who has elected to self-exclude from fantasy contest related activity will remain on the self-exclusion list for the duration of the period selected and will be removed from the fantasy contest self-exclusion list only upon the conclusion of the period of self-exclusion.
[Pa.B. Doc. No. 18-670. Filed for public inspection April 27, 2018, 9:00 a.m.]
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