Current through Register Vol. 54, No. 45, November 9, 2024
Section 1401a.4 - Sports wagering certificate petition and standards(a) A slot machine licensee seeking to offer sports wagering in this Commonwealth may petition the Board for a sports wagering certificate.(b) A petitioner for a sports wagering certificate shall submit all of the following to the Board:(1) The name, business address and contact information of the slot machine licensee petitioning for a sports wagering certificate.(2) The name, business address and contact information of any affiliate, sports wagering operator or other person that will be a party to an agreement with the sports wagering certificate petitioner related to the operation of sports wagering on behalf of the sports wagering certificate petitioner and a description of the services to be provided.(3) The name and business address, job title and a photograph of each principal and key employee of the sports wagering petitioner who will be involved in the conduct of sports wagering and whether or not the principal or key employee is currently licensed by the Board.(4) A statement identifying what types of sports wagering, including the sporting events, the sports wagering certificate petitioner intends to offer.(5) A statement identifying whether the sports wagering petitioner intends to offer retail sports wagering, interactive or mobile sports wagering, or a combination thereof.(6) A statement identifying whether the sports wagering petitioner intends to utilize a temporary facility for its retail sports wagering operations or system.(7) If the petitioner is a Category 1 slot machine licensee, a statement identifying whether the sports wagering petitioner intends to offer retail sports wagering in any nonprimary locations.(8) The estimated number of full-time and part-time employment positions that will be created as a result of sports wagering if a sports wagering certificate is issued.(9) An updated hiring plan under section 1510(a) of the act (relating to labor hiring preferences) which outlines the sports wagering certificate petitioner's plan to promote the representation of diverse groups and Commonwealth residents in the employment positions.(10) A brief description of the economic benefits expected to be realized by the Commonwealth if a sports wagering certificate is issued.(11) The details of any financing obtained or that will be obtained to fund an expansion or modification of the sports wagering certificate petitioner's licensed facility to accommodate sports wagering and to otherwise fund the cost of commencing sports wagering.(12) Information and documentation concerning financial background and resources to establish the financial stability, integrity and responsibility of the sports wagering certificate petitioner.(13) Information and documentation concerning the terms of any agreement with a sports wagering operator.(14) Information and documentation to establish that the sports wagering certificate petitioner has sufficient business ability and experience to conduct a successful sports wagering operation, including the sports wagering certificate petitioner's history in slot machine and table game operations, employment data and capital investment in casino operations.(15) Information and documentation that the sports wagering certificate petitioner has or will have the financial ability to pay the sports wagering authorization fee.(16) Detailed site plans identifying the proposed sports wagering area and sports wagering restricted area, including security and surveillance plans and plans relative to compliance with the Clean Indoor Air Act (35 P.S. §§ 637.1-637.11).(17) An overview of all of the following: (i) The sports wagering certificate petitioner's initial system of internal and accounting controls applicable to sports wagering including the areas described in paragraph (16).(ii) The sports wagering certificate petitioner's proposed standards to protect, with a reasonable degree of certainty, the privacy and security of its registered players.(iii) The sports wagering devices and associated equipment and interactive or mobile sports wagering system, or both, that the sports wagering certificate petitioner plans to or will utilize to manage, administer or control its sports wagering operations or systems as well as the identity of any third parties providing these devices and associated equipment.(18) A description of accounting systems, including accounting systems for all of the following:(i) Sports wagering accounts.(ii) Per wager charges, if applicable.(iii) Transparency and reporting to the Board and the Department.(iv) Ongoing auditing and internal control compliance reviews.(19) A description outlining the impact that sports wagering petitioner's plans will have on the number of slot machines and table games in operation at its licensed facility.(20) An overview of any necessary additions to the petitioner's Compulsive and Problem Gambling Plan necessitated by sports wagering.(c) The Board will approve a sports wagering petition if the petitioner establishes all of the following by clear and convincing evidence:(1) The petitioner's slot machine license and table game operation certificate are in good standing with the Board.(2) The conduct of sports wagering at the petitioner's licensed facility will increase revenues and employment opportunities.(3) The petitioner possesses adequate funds or has secured adequate financing to: (i) Fund any necessary expansion or modification of the petitioner's licensed facility to accommodate the conduct of sports wagering.(ii) Pay the authorization fee in accordance with section 13C61 of the act (relating to sports wagering authorization fee).(iii) Commence sports wagering operations or system at its licensed facility.(4) The petitioner has the financial stability, integrity and responsibility to conduct sports wagering.(5) The petitioner has sufficient business ability and experience to create and maintain a successful sports wagering operation.(6) The petitioner's proposed internal and external security and proposed surveillance measures within the area of the licensed facility where the petitioner seeks to conduct sports wagering are adequate.(7) The petitioner has satisfied the petition requirements.