Ariz. Admin. Code § 19-2-409

Current through Register Vol. 30, No. 24, June 14, 2024

Section R19-2-409 - Adw - Racetrack Permittee Contracts

A. An ADWP that accept accounts from Arizona residents shall obtain and maintain a contract with one or more Arizona racetrack permittees. The ADWP shall ensure that the contract includes:

1. Disclosure of Regulatory Wagering Assessments (RWA) assignment of responsibility for payment of:

a. The assessment on wagers placed by Arizona account holders on races conducted in Arizona, which will be considered to be live, in-state, off-track wagers; and

b. The assessment on wagers placed by Arizona account holders on races conducted outside of Arizona, which will be considered to be simulcast, in-state, off-track wagers;

2. Disclosure of all ADWs wagering on any races run in this jurisdiction, and all ADWs wagering on races run in other jurisdictions that would be available for wagering in this jurisdiction under the contract;

3. Certification of ADW licensing, authorization, or approval by the recognized pari-mutuel authority in the other jurisdiction;

4. Disclosure of all fees, market share revenue, and distribution details and other financial considerations relating to the contract and any other non-contracted Arizona racetrack permittees;

5. Certification of prompt access for the Department, in print or electronic form acceptable to the Department, to:

a. Reports, logs, wagering transaction detail, and customer account detail;

b. Records relating to customer identify, age, and residency;

c. Records of customer account detail for individuals:

i. In any jurisdiction who place wagers on races conducted in this jurisdiction and races available for wagering by individuals in this jurisdiction;

ii. The Department has reason to investigate based on possible placing of wagers for individuals other than the account holder; and

iii. Determined by the Department to be relevant to an investigation by the Department;

6. A detailed description and certification of systems and procedures used to validate the identity, age, and jurisdiction of legal residence of account holders and to validate the legality of wagers accepted;

7. Certification of secure retention of and prompt Department access to all records related to wagering and customers' accounts, including deposits, withdrawals, wagers, and winning payouts for at least three years or a longer period specified by the Department; and

B. An ADWP shall attach the following to all contracts under this subsection:

1. A certified copy of rules governing the acceptance and management of accounts, and

2. A certified copy of any change in the rules provided at least thirty days before the change takes effect.

Ariz. Admin. Code § R19-2-409

Adopted effective April 3, 1984 (Supp. 84-2). Repealed effective December 14, 1994 (Supp. 94-4). R19-2-409 recodified from R4-27-409 (Supp. 95-1). New Section adopted effective February 26, 1996, pursuant to an exemption from the rulemaking process (Supp. 96-1). New Section made by exempt rulemaking at 20 A.A.R. 2874, effective 10/10/2014.

Section R19-2-409 was adopted under an exemption from the provisions of the Arizona Administrative Procedure Act pursuant to A.R.S. § 41-105(A)(18). Exemption from the rulemaking process means that the agency did not submit these rules to the Secretary of State's Office for publication in the Register as proposed rules, the agency was not required to accept public comment, and the rules were not approved by either the Governor's Regulatory Review Council or the Attorney General.