(a) Definitions - (i) ACCOUNT, an advance deposit wagering account used to record credits, debits, deposits and withdrawals.
- (ii) ACCOUNT HOLDER, a natural person that has established an account.
- (iii) ACCOUNT NUMBER, a unique identification number designated by the Permittee, betting system, or the Wyoming hub.
- (iv) ADVANCE DEPOSIT WAGERING, a form of pari-mutuel wagering in which an account holder, residing within or outside Wyoming, establishes an account and then authorizes a Commission approved Permittee, Betting System or WY Hub, by telephone or other electronic media, to place wagers on racing on the accountholder's behalf. Only the Permittee, Betting System, or Wyoming Hub that holds the account can make an advance deposit wager for the account holder. Wagering instructions that concern funds held in an account shall be deemed issued within the enclosure of the Permittee.
- (v) APPLICANT, any entity including, but not limited to, corporations, partnerships, limited liability companies, limited partnerships, or individuals that file an application to conduct advance deposit wagering.
- (vi) APPLICATION, the application that must be Commission-approved prior to a Permittee, betting system or WY Hub being permitted to conduct pari-mutuel wagering.
- (vii) BETTING SYSTEM, a business conducted for Wyoming that facilitates pari-mutuel wagering on races it offers in its wagering menu.
- (viii) COMMISSION, the Wyoming Pari-mutuel Commission.
- (ix) CONFIDENTIAL INFORMATION:
- (A) The amount of money credited to, debited from, or present in any particular account holder's Account.
- (B) The amount of money wagered by a particular account holder on any races or series of races.
- (C) The account number and secure means of personal identification of an account holder.
- (D) The identities of particular entries on which the account holder is wagering or has wagered.
- (E) Unless otherwise authorized by the account holder, the name, address, and other information in possession of the Permittee, betting system or Wyoming Hub that would identify the account holder to anyone other than the Commission, Permittee, betting system or Wyoming Hub.
- (F) Credit and debit card information provided by account holder.
- (x) CREDITS, all positive inflow of money to an account.
- (xi) DEBITS, all negative outflow of money when placing a wager and other transaction related charges from an account or for the purchase of racing related merchandise and services.
- (xii) DEPOSIT, a credit of money to an account from an account holder.
- (xiii) PERMITTEE, any person, entity or corporation granted a permit by the Commission to conduct pari-mutuel events within the State of Wyoming.
- (xiv) MEANS OF PERSONAL IDENTIFICATION, the unique number, code or other secure technology designated by an account holder to assure that only the account holder has access to his or her account.
- (xv) NATURAL PERSON, any person at least 18 years of age.
- (xvi) OTHER ELECTRONIC MEDIA, any electronic communication device or combination of devices including, but not limited to, personal computers, the Internet, private networks, interactive television and wireless communication technologies.
- (xvii) PROPER IDENTIFICATION, a form of identification, accepted in the normal course of business, that establishes the person making a transaction is the account holder.
- (xviii) WITHDRAWAL, a payment from an account by the Permittee, betting system, or Wyoming Hub to the account holder.
- (xvix) WITHDRAWAL SLIP, the form provided by the Permittee, betting system, or Wyoming Hub to an account holder to withdraw funds.
(b) Duties of Advance Deposit Wagering Permittee - (i) An applicant shall complete an application for permit to conduct advance deposit Wagering, which is available at the Commission's administrative office. The application must be filed no later than 60 days in advance of the scheduled start date of operation.
- (ii) Applicants shall provide financial information that demonstrates the financial resources to operate advance deposit wagering and provide a detailed budget that shows anticipated revenue, expenditures and cash flows by month, projected for the term of the permit.
- (iii) The Commission may conduct investigations, inspections or request additional information from the applicant as it deems appropriate in determining whether to approve the permit.
- (iv) Prior to any account being established or wagering being conducted, the application submitted to the Commission must be approved and a permit issued to the applicant. The permit shall be authorized annually by the Commission.
- (v) Subsequent to the issuance of a permit to conduct advance deposit wagering under this article, changes or amendments to information or operating procedures contained in an application will be permitted only by order of the Commission or by Commission approval of a request for changes or amendments submitted in writing by the applicant.
- (vi) Applicants shall establish security access policies as set forth:
- (A) The applicant shall utilize personal identification numbers (PINs) or other technologies to assure that only the account holder has access to the advance deposit wagering account.
- (B) The applicant shall allow the commission access to its premises to visit, investigate, and place expert accountants and other persons it deems necessary for the purpose of ensuring that its rules and regulations concerning credit authorization, account access, and other security provisions are strictly complied with.
- (vii) Applicants that accept wagers shall provide a full accounting and verification of the source of the wagers, and a detailed wagering information file that includes, but is not limited to, dollar amount wagered, pool on which the wager was placed, race number and racing venue, zone, breed, zip code of the account holder, time wagering stopped, and time of the wager in the form of a daily mutuel data download to the Commissions designated database.
- (viii) The Commission, or its designee, shall be given access for review and audit of all records. The applicant shall, at their location during hours of operation, make such information available. The Commission may require the applicant to annually submit audited financial statements.
- (ix) The Commission shall prohibit advance deposit wagering advertising that it determines to be deceptive to the public. The Commission shall also require, by regulation, that every form of advertising contain a statement that minors are not allowed to open or have access to advance deposit wagering accounts.
- (x) Contact information for a recognized problem-gambling support organization shall be made available to all account holders.
(c) Operation of Advance Deposit Wagering - (i) The Permittee may suspend or close an account. Any account with no activity for at least six months may be closed. When an account is closed the Permittee shall mail any funds, less processing fees, within five business days to the account holder at the address of record.
- (ii) Funds shall be in an interest bearing account.
- (iii) Funds in an account shall not bear interest to the account holder.
- (iv) All wagering conversations, transactions or other wagering communications through the advance deposit wagering system, verbal or electronic, shall be recorded by means of electronic media, and the tapes or other records of such communications shall be kept by the Permittee for 180 days. These tapes and other records shall be made available to the Commission upon request or order by the Executive Director.
- (v) The total amount of all account wagers shall be included in the respective pools for each race and shall be combined into the Permittee's pools or directly into the corresponding pools of the host track.
- (vi) Accounts are for personal use only and the account holder is responsible to maintain the secrecy of the account number and means of personal identification. The account holder must immediately notify the Permittee of any breach of the account's security.
- (vii) Upon request of the account holder, the Permittee shall provide a statement detailing account activity for the immediate 30 days prior to the request. Unless the Permittee receives written notice disputing the statement within 14 days of the date the statement is forwarded, it shall be deemed to be correct.
- (viii) Unless otherwise noted on the account application, the address provided on the application to establish the account is deemed the address of record for mailing checks, statements of account, account withdrawals, notices, or other correspondence. It is the responsibility of the account holder to notify the Permittee of any address change.
- (ix) No employee or agent of the Permittee shall divulge any confidential information related to an advance deposit wagering account, the placing of any wager or any confidential information related to the operation of the advance deposit wagering system without the consent of the account holder, except to the account holder as required by this article, the Commission, and as otherwise required by state or federal law.
- (x) Account holders shall designate if they want to use a credit card to make deposits to their account. Changes to that designation shall require 24 hours' notice to the Permittee.
(d) Requirements to Establish an Advance Deposit Wagering Account - (i) Accounts shall be established in person, by mail, telephone or other electronic media before any wagering shall be conducted. An account shall only be established in the name of a natural person and is non-transferable.
- (ii) Any individual prohibited from wagering under Wyoming Pari-mutuel Commission Rules shall be prohibited from establishing an account or placing a wager.
- (iii) The information required to establish an account shall include:
- (A) Account holder's full legal name.
- (B) Principal residence address.
- (C) Mailing Address, e-mail address, when available.
- (E) Social Security number.
- (F) Identification or certification to prove the account holder is at least 18 years of age.
- (H) Whether the account holder wants to use a credit card to make deposits to their account.
- (I) Signature of applicant.
- (iv) The Permittee shall employ electronic verification with respect to each account holder's name, principal residence address, date of birth and Social Security number at the time of account establishment by a Commission-approved national independent reference company or another independent technology approved by the Commission which meets or exceeds the reliability, security, accuracy, privacy and timeliness provided by individual reference service companies.
- (v) The Permittee may refuse to establish an account if it is found that any of the information supplied is untrue or incomplete.
- (vi) When an account is established the Permittee shall designate an account number for each account. The number can be changed provided the account holder is informed prior to any change.
- (vii) The account holder shall designate a means of personal identification to use to access their account.
- (viii) The Permittee shall inform the account holder of the assigned account number and provide a copy of its advance deposit wagering procedures, terms and conditions as well as any information that pertains to the operation of the account.
- (ix) Each Permittee shall, at all times, comply with Internal Revenue Service (IRS) requirements for reporting and withholding proceeds from advance deposit wagers by account holders and shall send to account holders subject to IRS reporting or withholding a Form W2-G summarizing the information for tax purposes following a winning wager being deposited into an account. Upon written request, the Permittee shall provide account holders with summarized tax information on advance deposit wagering activities.
(e) Deposits to an Advance Deposit Wagering Account - (i) Deposits to an Account shall be made in the following form:
- (A) Cash deposits made directly.
- (B) Personal checks, cashier's checks and money orders made directly or mailed.
- (C) Debits to an account holder's credit card or debit card, upon direct instructions of the account holder, providing the use of such card has been pre-approved by the Permittee and designated by the account holder at least 24 hours in advance. The account holder may be liable for any charges imposed by the transmitting or receiving Permittee and the charges may be deducted from the account holder's account.
- (D) Debits by electronic fund transfer (EFT) from a monetary account controlled by an account holder. The account holder may be liable for any charges imposed by the transmitting or receiving Permittee and the charges may be deducted from the account holder's account.
- (E) Cashier's checks, money orders and EFTs shall be given immediate credit upon presentation. Credit cards or debit cards shall be given immediate credit upon authorization from the issuer.
- (F) Permittees shall disclose their policy regarding the acceptance of personal checks to the account holder.
(f) Placing an Advance Deposit Wager - (i) Debits to an account shall be made in the following form:
- (A) The Permittee shall debit the amount wagered by an account holder.
- (B) Wagers shall not be accepted in an amount in excess of an account balance.
- (C) The Permittee may debit the account for service or other transaction-related charges.
- (D) The Permittee may debit the account for purchases of racing related merchandise and services requested by an account holder.
(g) Withdrawals from an Advance Deposit Wagering Account - (i) Withdrawals shall be completed within five business days after the Permittee receives a request from an account holder by mail, by telephone, or other electronic media accompanied by the valid account number and a means of personal identification or, if by mail, a signed completed withdrawal slip.
- (ii) If sufficient funds are available, the Permittee shall send a check payable to the account holder in the amount of the requested withdrawal to the address of record.
- (iii) If sufficient funds are not available, the Permittee shall, within five business days of receipt, provide notification to the account holder of insufficient funds and send a check, payable to the account holder, in the amount of the funds available, to the address of record.
- (iv) An EFT may be used in lieu of a check at the discretion of the account holder and the Permittee, subject to the same conditions set forth in Chapter. 9 Sec. 2 (e).
- (v) Account Holders may make withdrawals in person with such identification as required by the Permittee, the valid account number, and a means of personal identification.
(h) Credit for Winning Wagers and Scratched Entries - (i) The Permittee, betting system, or Wyoming Hub shall post credits for winnings from advance deposit wagers and any credit for wagers on a scratched entry to the account after the race is declared official.
(i) Proceeds from a Deceased Account Holder - (i) If an account holder is deceased, the Permittee, betting system, or WY Hub shall release the funds in the account to the decedent's legal representative upon receipt of a copy of a probate court authorization or other documents as required by applicable Wyoming or other state laws.