D.C. Mun. Regs. tit. 30, r. 30-2199

Current through Register Vol. 71, No. 44, November 1, 2024
Rule 30-2199 - DEFINITIONS
2199.1

The following definitions shall apply to this chapter:

"Act" means the Sports Wagering Lottery Amendment Act of 2018, effective May 3, 2019 (D.C. Law 22-312; 66 DCR 1402 (February 1, 2019)).

"Applicant" means an individual, group of individuals or entity who applies for a Sports Wagering license in the District of Columbia.

"Authentication process" means a method used to verify the validity of software.

"Cancelled wager" means a wager that has been cancelled due to any issue with an event that prevents its completion.

"CBE Act" means the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code §§ 2-218.01, et seq.), as amended.

"CBE Plan" means the plan required by Applicants for Sports Wagering licenses pursuant to Section 305(g) of the Act.

"CBE plan application date" means the date on which an application is received by the Department of Small and Local Business Development (DSLBD).

"Certified business enterprise" or "CBE" shall have the same meaning as provided in Section 2302(1D) of the CBE act.

"CFO" means the Chief Financial Officer of the District of Columbia.

"Class A Operator" means a licensed Operator who is authorized to conduct sports wagering in the District of Columbia at one (1) of the following locations: Capital One Arena (601 F Street, N.W., and described as Lot 0047, Square 0455), Audi Field (100 Potomac Avenue, S.W., and described as Lot 0027, Square 0665); Nationals Park (1500 South Capitol Street, S.E., and described as Lot 0016, Square 0705); or St. Elizabeths East Entertainment and Sports Arena (St. Elizabeth's Campus, 1100 Oak Drive, S.E., and described as Lots 0837 and 0838, Square 5868S).

"Class B Operator" means a licensed Operator who is authorized to conduct sports wagering in the District of Columbia and who is prohibited from operating sports wagering within two blocks of the following locations: Capital One Arena (601 F Street, N.W., and described as Lot 0047, Square 0455), Audi Field (100 Potomac Avenue, S.W., and described as Lot 0027, Square 0665); Nationals Park (1500 South Capitol Street, S.E., and described as Lot 0016, Square 0705); or St. Elizabeths East Entertainment and Sports Arena (St. Elizabeth's Campus, 1100 Oak Drive, S.E., and described as Lots 0837 and 0838, Square 5868S).

"Commercially Useful Function" shall have the same meaning as provided in Sectio n 2302(1G) of the CBE act.

"Days" means calendar days.

"Designated Facilities" means a District establishment where sports wagering Class A Operators may operate a Sports Wagering Facility, including at the following locations: Capital One Arena (601 F Street, NW, and described as Lot 0047, Square 0455), Audi Field (100 Potomac Avenue, SW, and described as Lot 0027, Square 0665), Nationals Park (1500 South Capitol Street, SE, and described as Lot 0016, Square 0705), and St. Elizabeths East Entertainment and Sports Arena (St. Elizabeth Campus, 1100 Oak Drive, SE, and described as Lots 0837 and 0838, Square 5868S).

"Disadvantaged Business Enterprise" or "DBE" shall have the same meaning as provided in Section 2302(5) of the CBE act.

"Dormant Account" means an online sports wagering account which has had no player- initiated activity for a period of one (1) year.

"DSLBD" means the Department of Small and Local Business Development.

"Event Number" means a set of alpha or numeric characters that correspond to a sports event or an event ancillary to a sports event.

"Executive Director" means the Executive Director of the Office of Lottery and Gaming.

"Fiscal Year" means October 1 of each year through September 30 of the following year.

"General Counsel" means the General Counsel of the Office of the Chief Financial Officer.

"Good Faith Efforts" means the fulfillment of the CBE identification, outreach, and awareness requirements set forth in §§ 2133.01, 2133.09, and 2133.29.

"Gross Sports Wagering Revenue" means the total of cash or cash equivalents received from sports wagering minus the total of:Cash or cash equivalents paid to players as a result of sports wagering; cash or cash equivalents paid to purchase annuities to fund prizes payable to players over a period of time as a result of sports wagering; the actual cost paid by the license holder for any personal property distributed to a player as a result of sports wagering, excluding travel expenses, food, refreshments, lodging, and services.

"Holding Company" means any person, other than an individual, that directly or indirectly owns, has the power or right to vote or control, or holds with the power to vote more than five percent (5%) of the stock, equity interest, or other voting security of a person that holds, or has applied for, a Sports Wagering Operator License, Management Services Provider License or Supplier License or directly or indirectly owns, any power, right, or security through any interest in a subsidiary or successive subsidiaries, regardless of how many subsidiaries may intervene between the holding company and the holder or Applicant for a Sports Wagering Operator License, Management Services Provider License, or a Supplier License.

"Indirect Interest" means an interest, claim, right, legal share, or other financial stake in a person that is determined by the Office to exist by virtue of a financial or other interest in another person."

"Individual" means any natural person.

"Integrity Monitoring System" means a system of policies and procedures approved by the Office through which an online Sports Wagering Operator receives and sends reports from Sports Wagering Operators to assist in identifying suspicious activity.

"Intermediary Company" means any corporation, firm, partnership, trust, limited liability company, or other form of business entity that is a holding company of a person that has applied for or holds the Sports Wagering Operator License or a Supplier License or is a direct- line subsidiary of any holding company of a person that has applied for or holds a Sports Wagering Operator License, Management Services Provider License, or a Supplier License.

"Involuntary Exclusion List" means a list of persons who are to be excluded or ejected from licensed Sports Wagering Facilities in the District of Columbia. The Involuntary Exclusion List consists of persons who have violated or conspired to violate laws related to gaming, cheats, willful tax evaders, individuals whose presence in a licensed gaming establishment would adversely affect public confidence and trust in the gaming industry, and persons whose presence in a licensed gaming establishment poses the potential of injurious threat to the interests of the District of Columbia.

"Layoff Wager" means a wager placed by a Sports Wagering Operator or Management Services Provider with another Sports Wagering Operator or Management Services Provider for the purpose of offsetting player wagers made pursuant to this chapter.

"Licensee" means an individual, group of individuals or entity that holds a Sports Wagering License in the District of Columbia.

"Majority Interest" means more than fifty percent (50%) of the total combined voting power of all classes of stock of the joint venture business enterprise or more than fifty (50%) of the total value of the joint venture business enterprise, a financial contribution to the enterprise of more than fifty percent (50%), or more than fifty percent (50%) of the total interest in the capital, profits, and loss, or beneficial interest in the joint venture business enterprise.

"Management Services Provider" or "MSP" means an independent entity affiliated with a licensed Sports Wagering Operator and licensed and approved by the Office to offer sports wagering activities in a Sports Wagering Facility or through online or mobile sports wagering. The Sports Wagering Accounts, of such intermediaries, shall be owned by the licensed Sports Wagering Operator.

"Mobile Applications and Other Digital Platforms" mean any mobile application or interactive platform approved by the Office for the operation of online sports wagering.

"Multi-Factor Authentication" means a type of strong authentication that uses two (2) of the following to verify a player's identity including, information known only to the player, such as a password, pattern or answers to challenge questions, an item possessed by a player such as an electronic token, physical token or an identification card, or a player's biometric data, such as fingerprints or facial or voice recognition.

"Office" means the Office of Lottery and Gaming.

"Online Sports Wagering System" means all hardware, software, and communications that comprise a type of sports wagering system for the purpose of offering online sports wagering.

"Online Sports Wagering" means a sports wagering operation in which wagers on sports events are made through computers or mobile application on mobile devices or other approved interactive devices accepted through a sports wagering system approved by the Office to operate online sports wagering.

"Operating Budget" means a detailed description of all estimated revenues and expenses generated from the operations of a Sports Wagering facility, or where wagering occurs in connection with a Sports Wagering license.

"Operator License" means a Sports Wagering Operator License issued by the Office that authorizes the operation of sports wagering, including sports wagering conducted over the internet or through mobile applications or other digital platforms that are initiated and received, or otherwise made, exclusively within the physical confines of the single approved Sports Wagering Facility or as authorized by law.

"Operator" means an individual, group of individuals or entity that holds a Sports Wagering Operator License issued by the Office.

"Pending Wager Account" means the account maintained by a server-based gaming system that holds the total balance of all wagers pending disposition and all other funds attributable to future events.

"Premises" means the building or a set of buildings, subsection or subdivision of a single building or structure, or a room or set of rooms within a building or structure subject to the direct control of and actual use by a single licensed Sports Wagering Operator. A patio or deck may extend the premises beyond the interior portion of the building.

"Prohibited Sports Wager" means any sports wager not approved by the Office or that is otherwise unauthorized under this chapter or by law.

"Prohibited Sports Wagering Participant" means any individual under the age of eighteen (18);any individual who is prohibited pursuant to any self-exclusion; any individual who is listed on the Office's Involuntary Exclusion List;any individual who is listed on anySports Wagering Facility exclusion list; or any individual whose participation may undermine the integrity of the wagering or the sports event or for other good cause, including but not limited to, any individual placing a wager as an agent or a proxy, and any employee of the Office, a Sports Wagering Operator, Management Services Provider or Supplier.

"Provisional Sports Wagering License" means a temporary license issued to an Operator, Management Services Provider or Supplier.

"Remote Sports Wagering System" or "RGS" means hardware and software used to provide an online sports wagering or authorized games to players in conjunction with an online sports wagering system. An RGS may be a standalone system or integrated within another part of the online sports wagering system.

"Resident-Owned Business" or "ROB" shall have the same meaning as provided in Section 2302(15) of the CBE act.

"Secure Transaction File" means a file that contains data, which cannot be "modified without detection.

"Self-Exclusion List" means the list of persons who have applied for and been placed in the Self- Exclusion Program.

Self-Exclusion Program" means theprogram established by the Office for the purpose of allowing persons who wish to refrain from sports wagering and other types of gambling offered by the Office, to notify the Office that they will accept responsibility for refraining from engaging in sports wagering and other gambling activities offered by the Office and its Licensees.

"Skin " means a graphic file used to change the appearance of the user interface to a program or for a mobile application or digital platform.

"Small Business Enterprise" or "SBE" shall have the same meaning as provided in Section 2302(16) of the CBE act.

"Sports League Governing Body" means the governing body for a sports league that is registered with the Office, including, but not limited to, if registered, Major League Baseball, Major League Soccer, National Basketball Association, National Football League, National Hockey League, and the Women's National Basketball Association.

"Sports Wagering Account" means an account established by a Sports Wagering Operator or Management Services Provider for an individual player to engage in online or mobile sports wagering.

"Sports Wagering Equipment" means any mechanical, electronic or other device, mechanism, or equipment, and related supplies used or consumed in the operation of sports wagering at a licensed Sports Wagering Facility including, but not limited to, a Self-Service Betting Terminal or kiosk installed to accept sports wagers.

"Sports Wagering Event" means a sporting event as determined by the Office Executive Director as a sporting event on which a wager may be authorized by the Office of Gaming.

"Sports Wagering Facility" means the Premises approved under a sports wagering license on which a Sports Wagering Operator may offer sports wagering. A Sports Wagering Facility may be a building or a set of buildings, subsection or subdivision of a single building or structure, or a room or set of rooms within a building or struc ture.

"Sports Wagering Manager" means a key employee of the Sports Wagering Operator, or a qualified employee of a licensed Management Services Provider that is operating under a contract with a Sports Wagering Operator, responsible for the operations of sports wagering conducted pursuant to this chapter.

"Sports Wagering Operator License " or "Operator License" means the license issued by the Office that authorizes the operation of sports wagering, including sports wagering conducted over the internet or through mobile applications or other digital platforms that is initiated and received, or otherwise made, exclusively within the physical confines of the single approved Sports Wagering Facility or as otherwise authorized by law.

"Sports Wagering Operator" or "Operator" means an individual, group of individuals or entity that holds a Sports Wagering Operator License issued by the Office.

"Sports Wagering Supplier License" or "Supplier" means 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, by an Operator or Management Services Provider, as determined by the Office. The term does not include a Sports League Governing Body that supplies its data directly to an Operator or Management Services Provider.

"Sports Wagering System" means all equipment and software used in conjunction with the operation of a Sports Wagering Facility or online or mobile sports wagering.

"Sports Wagering Ticket" means a printed record issued or an electronic record maintained by the sports wagering system that evidences a sports wager.

"Suspicious Betting Activity" means any unusual betting activity which cannot be explained and is indicative of match-fixing, the manipulation of an event, misuse of inside information, or other prohibited activity.

"Unusual Betting Activity" means abnormal wagering activity exhibited by players and deemed by a Sports Wagering Operator, the Office or another governing body as a potential indicator of suspicious activity. Unusual wagering activity may include the size of a player's wager or increased wagering volume on a particular event or wager type.

"Voided Wager" means a wager voided by a ticket writer with supervisor approval for a specified event.

"Wager" or "Bet" means accepting wagers and or bets on sporting events or portions of sporting events, or on the individual performance statistics of athletes in a sport, in a sporting event or combination of sporting events, by any system or method of wagering, including, but not limited to, in-person or over the internet through websites and on mobile devices. The term includes, but is not limited to, single- game bets, teaser bets, parlays, over- under, money line wagering, exchange wagering, in- game wagering, in-play bets, proposition bets, and straight bets. The term wager does not include any activity governed by securities laws of the United States or the District of Columbia, a contract of indemnity or guarantee, a contract for insurance, or participation in any game or contest in which the participants do not stake or risk anything of value other than personal efforts of the participants playing the game or contest or obtaining access to the internet, or points or credits that the sponsor of the game or contest provides to participants free of charge, and that can be used or redeemed only for participation in games or contests offered by the sponsor.

2199.2

The definitions of terms and phrases set forth in § 1299 of Chapter 12 of Title 27 DCMR, where those terms and phrases are not defined in § 2099 of Chapter 20 of this title, shall apply to this chapter.

D.C. Mun. Regs. tit. 30, r. 30-2199

Final Rulemaking published at 66 DCR 011618 (8/30/2019)