Md. Code Regs. 36.10.04.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 36.10.04.02 - Process for Obtaining a Sports Wagering Facility License

A. An applicant for a sports wagering license shall submit an application to:

(1) The SWARC in a format and time specified by the SWARC; and

(2) As specified in COMAR 36.10.02, the Commission.

B. If an application submitted to the Commission is timely and complies with the requirements in COMAR 36.10.02, the Commission staff shall:

(1) Determine whether the applicant meets qualification requirements as described in COMAR 36.10.03 including any license category specific requirements and qualifications; and

(2) Notify the SWARC of the Commission's qualification determination.

C. The SWARC may not award a license to an applicant that the Commission has found not qualified.

D. After the Commission notifies SWARC that it has determined an applicant is qualified, the SWARC shall:

(1) Evaluate an applicant for license award; and

(2) Notify the Commission of its license award decision.

E. The Commission may not issue a sports wagering license to an applicant until SWARC has notified the Commission that it has awarded a license to the applicant.

F. After SWARC awards a license, the applicant is an awardee.

G. Agency staff shall determine whether the awardee has met applicable technical and operational requirements in this chapter for a Class A-1, A-2, B-1, or B-2 sports wagering facility license, and determine whether it meets the Commission's requirements for:

(1) Payment of the application fee in the amount specified for the license category;

(2) Evidence of a performance bond in the amount specified for the license category;

(3) Fees and qualification requirements under COMAR 36.10.02 and 36.10.03;

(4) Hours of operation;

(5) Facility specifications;

(6) Applicable zoning laws under State Government Article, § 9-1E-03, Annotated Code of Maryland;

(7) Internal controls under COMAR 36.10.13;

(8) Sports wagering platform;

(9) Sports wagering equipment;

(10) Sports wagering operations;

(11) Types of sporting event wagers to be offered;

(12) Testing and controlled demonstrations;

(13) Unless the awardee already has a collective bargaining agreement, the awardee's labor peace agreement as required under State Government Article, § 9-1E-07(e)(6)(v), Annotated Code of Maryland;

(14) Awardee's employees are:

(a) Licensed as sports wagering employees; and

(b) Trained in the performance of their responsibilities;

(15) Awardee's and facility's preparations to receive the public and conduct safe and secure sports wagering; and

(16) Awardee has complied with any additional pre-opening conditions imposed by the Commission.

H. If Commission staff determines that the awardee meets the requirements of §G of this regulation, staff shall issue the license.

I. Renewal.

(1) A sports wagering facility licensee may apply for renewal by submitting a renewal application as specified in this chapter.

(2) The renewal fee for a sports wagering facility license is the amount equal to 1 percent of the licensee's average annual proceeds from sports wagering for the preceding 3-year period, less any proceeds the licensee remitted in accordance with State Government Article, § 9-1E-12, Annotated Code of Maryland.

Md. Code Regs. 36.10.04.02

Regulation .02 amended effective 49:1 Md. R.16, eff. 1/13/2022; amended effective 50:26 Md. R. 1130, effective 12/12/2023, exp. 6/9/2024 (Emergency); amended effective 51:10 Md. R. 529, eff. 5/27/2024.