N.J. Admin. Code § 17:20-12.19

Current through Register Vol. 56, No. 23, December 2, 2024

Section 17:20-12.19 - Persons prohibited to use courier service

(a) A courier service shall prevent the following persons from opening an account or placing a request for courier services through its system:

1. Persons under the age of 18;

2. Employees, officers, directors, or direct or indirect owners of such courier service;

3. Any spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of abode of any employee, officer, director, or direct or indirect owner of such courier service; and

4. Persons on the self-exclusion list. See N.J.A.C. 17:20-12.6(a)4.

(b) A courier service shall submit as part of its application for registration, procedures to prevent prohibited players from placing a request for courier services through its system. A courier service shall implement any changes to such procedures as the Division may direct at any time. Such procedures are subject to Division approval.

1. Such plan shall include the following, in regard to prevention of play by a minor:

i. Specification of parental controls procedures to allow parents and guardians to exclude persons under the age of 18 from placing a request for courier services through such courier service's system. The courier service shall explain what information is made available to parents and guardians about the specific steps they may take to implement parental controls, including use of the toll-free number that a courier service shall provide for individuals seeking help in establishing such parental controls;

ii. Detailed explanation of the steps taken to prevent persons under the age of 18 from placing a request for courier services through such courier service's system. The courier service shall explain what types of native or third-party age verification procedures are implemented to verify that each person registering for an account is not under the age of 18. The courier service shall explain the mechanism or mechanisms used to identify and deactivate accounts created or used by minors, age verification, and identification procedures to exclude persons under the age of 18 from registering on a courier service system;

iii. Procedures used to identify and deactivate accounts created or used by persons under the age of 18 and to exclude such persons from all activity offered through such courier service's system;

iv. Verification that any account balance attributable to a person under the age of 18 shall be refunded, less any prizes already awarded, within no more than two business days of discovery that such account is attributable to such person. The courier service also shall explain how deposits will be refunded; and

v. Procedures to ensure that persons under the age of 18 do not receive promotional materials that relate to a courier service's system.

2. Such plan shall include, in regard to verification of geolocation capabilities, procedures to ensure the courier service system's ability to prevent orders for tickets by players not physically present in the State of New Jersey at the time of such request.

3. The plan shall include procedures to ensure that self-excluded persons are prevented from ordering tickets.

(c) A courier service shall specify in the courier service system terms of use that each category of individuals identified in this section is prohibited from placing requests for courier services through such courier service's system.

(d) A courier service shall be strictly liable for a civil penalty assessed by the Director, for permitting any prohibited courier customer, as set forth in subsection (a) above, to use such courier service's system. The Division shall consider, however, before imposing any penalty or sanction upon a courier service for a violation of this section, any circumstances that such courier service presents in writing to the Division as mitigating factors for the Division's consideration, including, without limitation, good-faith reliance on false or misleading information provided by the prohibited person and good-faith compliance with appropriate internal controls and courier service system processes designed to prevent play by a prohibited person.

(e) The Director shall penalize a courier service found to have allowed a minor to use a courier service system up to $ 10,000 per violation.

N.J. Admin. Code § 17:20-12.19

Adopted by 50 N.J.R. 1826(b), effective 8/6/2018