D.C. Mun. Regs. tit. 30, r. 30-2205

Current through Register Vol. 71, No. 44, November 1, 2024
Rule 30-2205 - GOS MACHINE LICENSE REQUIREMENTS
2205.1

No person may carry out a function of a GOS Manufacturer, Distributor, or Retailer after March 31, 2021, unless the person has obtained the applicable license or licenses required by the Act or by rules issued pursuant to this chapter.

2205.2

Those authorized by ABRA to have GOS Machines at their licensed establishment prior to October 1, 2020, shall have until October 1, 2021, to submit an application to obtain a license or licenses as required by this title.

2205.3

The Office shall issue the following categories of GOS Machine Licenses:

(a) Manufacturer;
(b) Distributor; and
(c) Retailer.
2205.4

The Office shall not grant a license listed in this subsection until it has determined that each person that possesses 10% or greater beneficial or proprietary interest in the Applicant has been approved for licensure in accordance with the Act and rules issued pursuant to this chapter; provided, that the Office shall not be required to make such a determination with respect to a person that is an institutional investor unless the institutional investor possesses 25% or greater beneficial or proprietary interest in the Applicant.

2205.5

An Applicant for an initial Manufacturer or Distributor license, including any individuals identified under Subsection 2205.4, shall be subject to District and national criminal history background checks. Retail applicants are exempt from District and national criminal history background checks if already performed by ABRA.

2205.6

The Applicant shall submit an application apply to the Office, in a form determined by the Office, fingerprints for use in a national criminal records check by the Metropolitan Police Department and the Federal Bureau of Investigation of all individuals required to be named in the application and a signed authorization of each individual submitting fingerprints for the release of information by the Metropolitan Police Department and the Federal Bureau of lnvestigation.

2205.7

In the case of an application for license renewal, the Office may require additional background checks.

2205.8

The Office shall require proof of good standing pursuant to D.C. Official Code § 29-102.08 of an applicant for a license in accordance with this title and may, in addition, require certification that the Citywide Clean Hands Database indicates that the proposed Licensee is current with its District taxes.

2205.9

Proprietary information, trade secrets, financial information, and personal information about a person in an application submitted to the Office pursuant to this title shall not be a public record and shall not be made available under the Freedom of Information Act of 1976, effective March 29, 1977 (D.C. Law 1-96; D.C. Official Code § 2-531etseq.), or any other law.

2205.10

A Retailer shall display its license as required by Section §2215.5 and shall make the license immediately available for inspection upon request by an employee of the Office, the Metropolitan Police Department, or ABRA.

2205.11

When present at a licensed establishment, an employee of a Distributor shall carry a copy of its license and make it readily available for inspection by an employee of the Office, the Metropolitan Police Department, or ABRA.

2205.12

A Licensee shall not permit a person under the age of eighteen (18) to use or play a GOS Machine.

2205.13

The method of age verification shall at the minimum include:

(a) A designated employee to regularly monitor the designated area where GOS Machines are played to ensure that no person under eighteen 18 years of age is playing or attempting to play a GOS Machine;
(b) Verify that each person playing a GOS Machine is lawfully permitted to do so by checking the person's government-issued identification document upon entry into either the licensed establishment or the designated area where the GOS Machines are located; and
(c) Verify identification when a person seeks to cash out his or her winnings, if any.
2205.14

The failure of a Licensee to verify a person's identification shall not be a violation of this paragraph if the person whose identification was not checked is 18 years of age or older.

2205.15

No Manufacturer or Distributor may offer or provide anything of value, including a loan or financing agreement, to a licensed establishment as an incentive or inducement to locate a GOS Machine in the establishment; provided, that a Manufacturer or Distributor may provide funding to a licensed establishment for the payment of winnings to players of the Manufacturer or Distributor's GOS Machines in the licensed establishment.

D.C. Mun. Regs. tit. 30, r. 30-2205

Final Rulemaking published at 36 DCR 6681, 6718 (September 22, 1989); reserved by Final Rulemaking published at 66 DCR 011618 (8/30/2019); amended by Final Rulemaking published at 68 DCR 3289 (3/26/2021)