Section 233.06 - Responsibilities of the Sports Wagering OperatorA Sports Wagering Operator shall have the same responsibilities relative to the administration of the voluntary self-exclusion list as gaming licensees have pursuant to 205 CMR 133.06(3) through (6) and (7)(b). An individual on the self-exclusion list shall have the same rights as those provided under 205 CMR 133.06(7)(b). A Sports Wagering Operator shall also have the following responsibilities relative to the administration of the voluntary self-exclusion list:
(1) A Sports Wagering Operator shall eject from or refuse entry into the Sports Wagering Area or Sports Wagering Facility any individual on the voluntary self-exclusion list;(2) A Sports Wagering Operator shall not accept any Sports Wager from an individual on the voluntary self-exclusion list attempts to place;(3) A Sports Wagering Operator shall promptly notify the Commission, or its designee, if an individual on the voluntary self-exclusion list is found in the Sports Wagering Area or Sports Wagering Facility, or attempting to place a Sports Wager;(4) A Sports Wagering Operator shall not pay any winning derived from Sports Wagering to an individual who is prohibited from Sports Wagering by virtue of having their name on the voluntary self-exclusion list in accordance with 205 CMR 233.00. Winnings derived from Sports Wagering shall include, but not be limited to, such things as proceeds derived from wagering on a Sports Wagering Kiosk. When reasonably possible, the Sports Wagering Operator shall confiscate in a lawful manner or shall refuse to pay, or shall notify a Commission agent who shall confiscate in a lawful manner, any such winnings derived from Sports Wagering or any money or thing of value that the individual has converted or attempted to convert into a wagering instrument whether actually wagered or not. A wagering instrument shall have the same meaning as that term is defined in 205 CMR 133.06(7)(a) and shall also include electronic credits on a Sports Wagering Kiosk. The monetary value of the confiscated winnings or wagering instrument shall be paid to the Commission for deposit into the Sports Wagering Fund within 45 days;(5) In cooperation with the Commission, and where reasonably possible, the Sports Wagering Operator shall determine the amount wagered and lost by an individual who is prohibited from Sports Wagering. The monetary value of the losses shall be paid to the Commission for deposit into the Sports Wagering Fund within 45 days;(6) A Sports W agering Operator shall submit a written policy for compliance with the voluntary self-exclusion program for Commission approval at least 30 days before the Sports Wagering Operator begins accepting bets from individuals participating in Sports Wagering from Massachusetts. The Commission shall review the plan, and if approved, the plan shall be implemented and followed by the Sports Wagering Operator. The plan for compliance with the voluntary self-exclusion program shall include at a minimum those procedures provided under 205 CMR 133.06(9)(a) through (f) and 205 CMR 251.00. If the plan is not approved, the Commission may withhold issuance of an Operations Certificate until the Sports Wagering Operator has submitted a new policy that is approved by the Commission.(7) The Commission shall review each Sports Wagering Operator's written policy at least once a year.(8) If a Sports Wagering Operator amends its written policy prior to the Commission's annual review, the Sports Wagering Operator shall submit an amended written policy for Commission approval within 30 days of amending the written policy. The Sports Wagering Operator shall not implement the amended written policy until the Commission approves the amended written policy. While the Commission reviews the amended written policy, the Sports Wagering Operator shall continue to implement the written policy most recently approved by the Commission.(9) A Sports Wagering Operator shall notify the Commission within ten days if an employee or agent fails to exclude or eject from its premises, or fails to reject or block an attempted Sports Wager, from any individual on the voluntary self-exclusion list, or otherwise fails to perform its obligation set forth in 205 CMR 233.06, including any provision of its approved written policy for compliance with the voluntary self-exclusion program.Adopted by Mass Register Issue 1484, eff. 11/16/2022 (EMERGENCY).Amended by Mass Register Issue 1488, eff. 11/16/2022 (COMPLIANCE).