205 Mass. Reg. 238.33

Current through Register 1523, June 7, 2024

Section 238.33 - Prohibited Persons

A system of Internal Controls submitted by a Sports Wagering Operator in accordance with 205 CMR 238.02 shall include commercially reasonable methods to prevent a prohibited person from placing a Sports Wager.

(1) For the purposes of 205 CMR 238.33, a prohibited person refers to:

(a) Any individual prohibited from Sports Wagering pursuant to 205 CMR 152.00: Individuals Excluded from a Gaming Establishment;

(b) Any individual prohibited from Sports Wagering pursuant to 205 CMR 250.00: Protection of Minors and Underage Youth from Sports Wagering;

(c) Any individual who is self-excluded from Sports Wagering pursuant to 205 CMR 233.00: Sports Wagering Voluntary Self-exclusion;

(d) Any individual who is prohibited from or subject to limitations regarding Sports Wagering pursuant to 205 CMR 254.00: Temporary Prohibition from Sports Wagering, and regulations pertaining to play management and limit setting;

(e) Any individual Wagering while not in the authorized geographic boundaries within the Commonwealth;

(f) Any individual placing Sports Wagers as agents or proxies for others;

(g) Any restricted patron Wagering in violation of their restrictions established in 205 CMR 238.32;

(h) Any individual Wagering in violation of state, local or federal law; or

(i) Other prohibited Persons as determined by the Commission.

(2) If a Sports Wagering Operator detects, or is notified of, an individual suspected of being a prohibited Person who has engaged or is engaging in prohibited Sports Wagering, the Sports Wagering Operator, shall use reasonable measures to verify whether the individual is prohibited or not.

(3) If the Sports Wagering Operator establishes, by reasonable measures, that the individual is prohibited, the Sports Wagering Operator shall cancel the individual's Sports Wager and confiscate any resulting funds.

(4) If the Sports Wagering Operator is unable to establish, by reasonable measures, that the individual is prohibited, then the individual is presumed to not be a prohibited Person for the purposes of 205 CMR 238.33.