Section 3775-4-09 - Sports gaming employee licensure(A) An applicant for an initial or renewal sports gaming employee license must complete and submit the appropriate form(s) required by the commission and ensure the payment of a nonrefundable application fee of one hundred dollars as well as all fees necessary to cover the cost of any required criminal-records checks except that a sports gaming applicant or licensee that employs a sports gaming employee applicant must pay all fees on the sports gaming employee's behalf.(B) An applicant for an initial or renewal sports gaming employee license must establish, by clear and convincing evidence, the applicant's suitability for licensure.(C) A sports gaming employee must obtain either a standard-level or a key-level sports gaming employee license depending on the individual's duties and involvement in sports gaming in the state, as follows:(1) Standard sports gaming employee licenses must be held by individuals whose duties, regardless of title, are outlined in division (A)(1) of section 3775.06 of the Revised Code; and(2) Key sports gaming employee licenses must be held by individuals who, regardless of title, are considered persons in control, as defined in rule 3775-1-01 of the Administrative Code.(D) Unless expressly noted in this rule or on the appropriate form provided by the commission, an individual obtaining a standard sports gaming employee license or key sports gaming employee license will be subject to the same fees, requirements, and eligibility considerations.(E) An individual who meets the sports gaming employee license classifications in paragraph (C) of this rule solely due to their employment with or control of an appointing professional sports organization or a type C gaming host need not obtain a sports gaming employee license.(F) In determining whether to grant, maintain, or renew a sports gaming employee license, the commission will evaluate and consider the following factors, in addition to those set forth in section 3775.06 of the Revised Code: (1) Whether the individual possesses good character, honesty, and integrity;(2) Whether the individual possesses financial stability, integrity, and responsibility;(3) The criminal history of the individual in any jurisdiction;(4) Whether the individual has filed or had filed against the individual a proceeding for bankruptcy or has ever been involved in any formal process to adjust, defer, suspend, or otherwise resolve the payment of any debt in the last ten years;(5) Whether the individual has been served with a complaint or other notice filed with any public body regarding any payment of tax required under federal, state, or local law that has been delinquent for one or more years in the last ten years;(6) Whether the individual is a party to any currently pending litigation or has been a defendant in litigation during the last ten years;(7) The extent to which the individual has cooperated with the commission in connection with the background investigation;(8) The extent to which the individual has provided accurate and complete information as required by the commission;(9) Whether the individual has been issued a comparable sports gaming license in another gaming jurisdiction with similar licensing requirements, as determined by the commission, including the related compliance history of the individual; and(10) The extent to which the individual has complied with the requirements of Chapters 3772. and 3775. of the Revised Code and the rules adopted thereunder.(G) A sports gaming employee who currently holds an active license issued under Chapter 3770. or 3772. of the Revised Code will not be required to satisfy any additional requirement for the sports gaming employee license that is substantially similar to any requirement the applicant previously satisfied in order to obtain or renew the applicable license issued under Chapter 3770. or 3772. of the Revised Code so long as: (1) The individual submits the appropriate form(s) required by the commission and ensures the payment of all applicable fees;(2) The individual demonstrates that the license is active and in good standing in this state; and(3) The individual otherwise meets the eligibility requirements of this chapter and the rules adopted thereunder.(H) A sports gaming employee who currently holds an active sports gaming occupational license from another jurisdiction is eligible to receive license reciprocity by the commission so long as:(1) The individual submits the appropriate form(s) required by the commission and ensures the payment of all applicable fees;(2) The individual demonstrates that the license is active and in good standing in the other jurisdiction;(3) The commission determines that the other jurisdiction's requirements to receive that license and the activities authorized by the license are substantially similar to those of this state; and(4) The individual otherwise meets the eligibility requirements of Chapter 3775. of the Revised Code and the rules adopted thereunder.(I) A sports gaming employee license expires three years after the date of licensure.(J) A sports gaming employee may request renewal of the license by completing and submitting the appropriate form(s) required by the commission no less than one hundred twenty days before the expiration of the license.(K) Upon approval by the commission, at a meeting held under section 3772.02 of the Revised Code, an applicant for an initial or renewal sports gaming employee license must pay a nonrefundable license fee of fifty dollars as required by division (C) of section 3775.06 of the Revised Code except that a sports gaming applicant or licensee that employs a sports gaming employee applicant must pay the license fee on the sports gaming employee's behalf.(L) Unless otherwise approved by the executive director, all fees must be submitted to the commission in the form of an electronic funds transfer payable to the treasurer of the state of Ohio.(M) The applicant should clearly identify those portions of the application that it deems to be confidential, proprietary commercial information, trade secrets, or otherwise not subject to public disclosure. Information provided as part of the application and licensing process is open to public inspection to the extent provided by the Ohio Public Records Act and section 3775.14 of the Revised Code.Ohio Admin. Code 3775-4-09
Effective: 9/17/2022
Five Year Review (FYR) Dates: 09/17/2027
Promulgated Under: 119.03
Statutory Authority: 3775.02, 3775.03, 3775.041, 3775.06
Rule Amplifies: 3775.03, 3775.041, 3775.06, 3775.09, 3775.14