D.C. Mun. Regs. tit. 30, r. 30-2104

Current through Register Vol. 71, No. 44, November 1, 2024
Rule 30-2104 - SUPPLIER LICENSE REQUIREMENTS
2104.1

An individual, group of individuals or entity may apply to the Office for a Supplier License, the application for which shall be on a form provided by the Office.

2104.2

An individual, group of individuals or entity that seeks to sell or lease sports wagering equipment, software, systems, data or services relating to the conducting of sports wagering, as determined by the Office, shall obtain a Supplier License from the Office.

2104.3

An individual, group of individuals or entity that provides odds on sporting events to Operators or Management Services Providers when such information is not available to the public electronically in real time, must be licensed as a Supplier.

2104.4

The Office may require the following information in conjunction with an application for a Supplier License:

(a) The Applicant's legal name and form of business entity;
(b) The mailing address of the Applicant and, if a corporation, the name of the state in which it is incorporated and the location of its principal place of business;
(c) The names, addresses, employer identification or Social Security numbers and dates of birth of its directors, officers, partners, owners, and key personnel;
(d) The names, addresses, employer identification or Social Security numbers and dates of birth, as applicable, of each individual, group of individuals or entity associated with a corporate Applicant, including a corporate holding company, parent company, or subsidiary company of the Applicant that has the ability to control the activities of the corporate Applicant or elect a majority of the board of directors of that corporation, excluding any bank or other licensed lending institution that holds a mortgage or other lien acquired in the ordinary course of business;
(e) The names, addresses, employer identification or Social Security numbers and dates of birth, as applicable, of each individual, group of individuals or entity associated with a non-corporate Applicant that directly or indirectly holds a five percent (5%) or greater beneficial or proprietary interest in the Applicant's business operation, or that the Office otherwise determines has the ability to control the Applicant;
(f) Information regarding the Applicant or any persons identified in subsections (c) through (e) are eligible to hold a Supplier License, including disclosure of the following information:
(1) Whether the Applicant or any persons identified in subsections (c) through (e) have been convicted of an offense other than a traffic violation;
(2) Whether the Applicant or any persons identified in subsections (c) through (e) have been subject to any disciplinary action, past or pending, by any administrative, governmental, or regulatory body;
(3) Whether the Applicant or any persons identified in subsections (c) through (e) have been charged with a violation of any statute, rule, regulation, or ordinance of any administrative, regulatory, or other governmental body; or
(4) Whether the Applicant or any persons identified in subsections (c) through (e) have been in default of paying any taxes, fees, or other obligations owed to the District of Columbia, any local governmental entity, or the federal government ;
(g) A report of the Applicant's or any person identified in subsections (c) through (e)'s financial activities, including evidence of financial stability, such as bank statements, business and personal income and disbursement schedules, tax returns, or other documentation satisfactory to the Office that demonstrates that the Applicant has sufficient business ability and experience to establish and maintain a successful sports wagering business;
(h) A certification indicating whether the Applicant or any persons identified in sections (c) through (e) have been directly employed by an illegal or offshore Sports Wagering Operator that serviced the United States or otherwise accepted black market wagers from individuals located in the United States;
(i) Proof that the Applicant has obtained a Basic Business License in the District of Columbia ;
(j) Proof of good standing pursuant to D.C. Official Code § 29-102.08 and a certification that the Citywide Clean Hands Database indicates that the proposed Licensee is current with its District taxes;
(k) A list of jurisdictions where the Applicant has applied for a sports wagering or gambling license.
(l) A list of jurisdictions where the Applicant has been issued a sports wagering or gambling license.
(m) A list of jurisdictions where the Applicant has had any sports wagering or gambling license suspended or revoked.
(n) Criminal history and background information of the Applicant or any person identified in subsections (c) through (e) as required by the Office;
(o) A list of sports wagering equipment, systems, or other gaming items necessary to conduct sports wagering that may be offered for sale or lease; and
(p) Any other information the Executive Director considers necessary and appropriate to determine competency, honesty and integrity.
2104.5

The Applicant shall notify the Office of any changes to their application within ten (10) business days of the change.

2104.6

Upon a showing of good cause, the Executive Director may grant a waiver of information that must be provided in conjunction with the application for a Supplier License.

2104.7

A Supplier License shall be issued for a one (1)-year period and require a non-refundable application fee of ten thousand dollars ($10,000), which shall be submitted with the application.

2104.8

A Supplier License may be renewed annually; provided, that the Licensee has continued to comply with all statutory and regulatory requirements and pays upon submission of a renewal application a two thousand dollar ($2,000) renewal fee.

2104.9

A Supplier License is non-transferable. The duties and responsibilities of a Supplier shall not be assigned, delegated, subcontracted, or transferred to a third party without the prior approval of the Office.

2104.10

The Office shall not issue a Supplier License unless it is satisfied that the Applicant meets the requirements for a Supplier License and is a suitable and qualified individual, group of individuals or entity to be licensed as a Supplier.

2104.11

An Applicant for a Supplier License shall establish their suitability for a license by clear and convincing evidence.

D.C. Mun. Regs. tit. 30, r. 30-2104

Final Rulemaking published at 36 DCR 6681, 6710 (September 22, 1989); amended by Final Rulemaking published at 66 DCR 011618 (8/30/2019)