Md. Code Regs. 36.11.01.02

Current through Register Vol. 51, No. 24, December 2, 2024

Section 36.11.01.02 - Definitions

A. In addition to the terms defined in State Government Article, Title 9, Subtitles 1A and 1E, Annotated Code of Maryland, and COMAR 36.01, 36.03, 36.04, and 36.10, which have the same meanings in this subtitle, the terms in §C of this regulation have the meanings indicated.

B. If a term identified in §A of this regulation is defined differently in this subtitle, the definitions in this subtitle apply.

C. Terms Defined.

(1) "Applicant" means a person who, as required under State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland, submits to SWARC a SWARC application for a competitive license.

(2) "Award" or "license award" means the act of SWARC approving the SWARC application of an applicant that meets the requirements for licensure under State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland, for a competitive license, after which the Commission may issue the license that is necessary for the applicant to commence sports wagering operations.

(3) "Awardee" means a qualified applicant to which SWARC has awarded a license.

(4) "Commission" means the State Lottery and Gaming Control Commission and, unless context dictates otherwise, includes Commission staff.

(5) "Commission application" means the application an applicant submits to the Commission to be considered for:

(a) Qualification for a license to be awarded by SWARC; and

(b) After SWARC awards a license, issuance of a license.

(6) "Competitive license" means a sports wagering license that is not a sports wagering license described in State Government Article, § 9-1E-15(f)(2), Annotated Code of Maryland, and is a:

(a) Class B-1 or B-2 sports wagering facility license; or

(b) Mobile sports wagering license.

(7) "eLicensing Portal" or "Portal" means the Commission's electronic system by which gaming and sports wagering license applications are submitted to the Commission, and which:

(a) May be used by a prospective applicant, before submitting its SWARC application and nonrefundable SWARC application fee, to begin completing information and uploading documentation an applicant is required to submit to the Commission in addition to its SWARC application;

(b) Shall be used by an applicant to submit its Commission application; and

(c) May not be used to submit a SWARC application.

(8) "License" means a competitive license that SWARC awards to an applicant.

(9) "Person" has the meaning stated in State Government Article, § 1-101, Annotated Code of Maryland.

(10) Personal Net Worth.

(a) "Personal net worth" means the net value of the assets held by an individual, including the individual's share of assets held jointly or as community property with the individual's spouse, after total liabilities are deducted.

(b) "Personal net worth" does not include:

(i) The individual's ownership interest in the applicant;

(ii) The individual's equity in the individual's primary place of residence;

(iii) Any mortgage or loan secured by the individual's primary place of residence as a liability; or

(iv) The cash value of any qualified retirement savings plans or individual retirement accounts.

(11) "Sports wagering law" means the law codified at State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland, COMAR 36.10, and this subtitle, by which sports wagering is regulated in the State.

(12) "Submit" means to deliver any document requested by SWARC or the Commission to SWARC or the Commission, as applicable:

(a) To the address and in the manner specified by SWARC or the Commission that ensures its receipt by SWARC or the Commission, as applicable; and

(b) Which is considered delivered only upon actual receipt by SWARC or the Commission, as applicable.

(13) "SWARC":

(a) Means the Sports Wagering Application Review Commission established by State Government Article, § 9-1E-15, Annotated Code of Maryland; and

(b) Unless context dictates otherwise, includes staff to SWARC as provided in State Government Article, § 9-1E-15, Annotated Code of Maryland.

(14) "SWARC application":

(a) Means the forms, information, and documentation that an applicant is required to submit to SWARC to be considered for the award of a competitive license; and

(b) Does not mean any form, information, or documentation that a prospective applicant completes in, or uploads to, the eLicensing Portal.

(15) "SWARC application fee" means the nonrefundable application fee specified in State Government Article, § 9-1E-06(b), Annotated Code of Maryland, that is:

(a) $250,000 for a Class B-1 facility license;

(b) $50,000 for a Class B-2 facility license; and

(c) $500,000 for a mobile license.

Md. Code Regs. 36.11.01.02

Regulation .02 adopted effective 49:23 Md. R. 998, eff. 11/14/2022