Current through Register Vol. XLI, No. 36, September 6, 2024
Section 179-9-3 - General requirements for sports pools and online sports pools3.1. No person or entity shall conduct sports wagering activities, including online sports wagering activities, unless licensed to do so consistent with the West Virginia Lottery Sports Wagering Act, W. Va. Code § 29-22D-1, et seq., and this rule. Sports wagering activities, including online sports wagering activities, do not include the following:3.1.1. Pari-mutuel betting on the outcome of horse or dog races, authorized by W. Va. Code § 19-23-12a and W. Va. Code § 19-23-12d;3.1.2. Lottery games of the West Virginia State Lottery authorized by W. Va. Code § 29-22-1, et seq.;3.1.3. Racetrack video lottery, authorized by W. Va. Code § 29-22A-1, et seq.;3.1.4. Limited video lottery, authorized by W. Va. Code §29-22B-1, et seq.;3.1.5. Racetrack tables games, authorized by W. Va. Code § 29-22C-1, et seq.;3.1.6. Video lottery and table games, authorized by W. Va. Code § 29-25-1, et seq.; and3.1.7. Daily Fantasy Sports ("DFS").3.2. A sports pool operator shall conduct sports wagering activities, including online sports wagering activities, in compliance with the requirements for West Virginia Lottery Racetrack Table Games provided in W.Va. Code §§ 29-22C-1 et seq., and W. Va. Code of State Rules §§ 179-8-1 et seq., when such requirements are applicable and do not conflict with the Act or this rule.3.3. A sports pool intermediary authorized to operate a sports pool or an online sports pool, or both, shall conduct such sports wagering activities in compliance with the requirements for West Virginia Lottery Racetrack Table Games provided in W.Va. Code §§ 29-22C-1 et seq., and W. Va. Code of State Rules §§ 179-8-1 et seq., when such requirements are applicable and do not conflict with the Act or this rule.3.4. Sports wagering may commence upon approval of the Director in a temporary sports pool facility for a period not to exceed 9 months if the sports wagering lounge is under construction. The Director may extend the use of the temporary facility only upon a showing of good cause.3.5. A sports pool operator shall maintain a cash reserve of not less than the greater of $500,000 or the amount necessary to ensure the ability to cover the outstanding sports pool and online sports pool liability.3.6. Each sports pool operator shall, prior to commencing operations and annually thereafter, perform a system integrity and security assessment of sports pool systems and online sports pool systems conducted by an independent professional selected by the licensee and subject to approval of the Commission. The independent professional's report on the assessment shall be submitted to the Commission and shall include: 3.6.2. Name and company affiliation of the individual(s) who conducted the assessment;3.6.3. Date of assessment;3.6.5. Recommended corrective action, if applicable; and3.6.6. The operator's response to the findings and recommended corrective action.3.7. A sports pool operator and online sports pool operator shall investigate each patron complaint and provide a response to the patron within ten calendar days. For complaints that cannot be resolved to the satisfaction of the patron related to patron accounts, settlement of wagers, and/or illegal activity, a copy of the complaint and operator's response, including all relevant documentation, shall be provided to the Commission.3.8. A sports pool operator or sports pool intermediary shall only accept online and mobile wagers from patrons that have been affirmatively located as being physically present in the State of West Virginia at the time of their wager: Provided, That wagers may be accepted from patrons located outside of the State of West Virginia pursuant to a sports wagering agreement with another government as provided in W. Va. Code § 29-22D-14 if acceptance of such wagers does not conflict with federal law.3.9. To conduct sports pool wagering transactions on premises, a casino shall have a cashier's cage that has been approved for the operation of West Virginia Lottery Racetrack Table Games or meets the same requirements for cashier's cages provided in W. Va. Code of State Rules §§ 179-8-1 et seq. Sports pool wagering transactions shall be conducted from a sports wagering lounge booth located in the sports wagering lounge, from other window locations as approved by the Commission, from kiosks in locations approved by the Commission, or, when a lounge booth is closed, from a designated window in the cashier's cage for redemption of winning tickets only.3.10. Sports pool operations within a casino shall be designed to promote optimum security of the facility, and shall include the installation and maintenance of security and surveillance equipment, including closed circuit television equipment, according to specifications approved by the Commission. The Commission shall have direct access to the system and its transmissions. Nothing in this section shall preclude the Commission from permitting a sports pool operator to conduct sports pool wagering, subject to appropriate terms and conditions, in a location other than a sports wagering lounge upon petition of a sports pool operator. A sports pool operator shall submit a surveillance plan for Commission approval prior to accepting wagers in any approved sports wagering lounge, sports wagering satellite lounge, or temporary facility.