Lawriter - OAC - 3770:2-6-03 Video lottery operations; security and surveillance.

3770:2-6-03 Video lottery operations; security and surveillance.

(A) Security and surveillance plan. Each video lottery sales agent shall submit to the lottery, for approval by the lottery's security director, a description of its proposed security and surveillance plan(s). The security and surveillance plan may be submitted as one combined plan or as a separate security plan and a separate surveillance plan.

(1) The security and surveillance plan shall be submitted prior to commencement of video lottery at the video lottery sales agent's facility, and shall be updated annually.

(2) The security and surveillance plan(s) shall address all aspects of security and surveillance, whether physical and otherwise, as required by the director, which includes, but may not be limited to, facility security, data security, financial security, and disaster recovery. At a minimum, the security and surveillance plan(s) shall include a plan to address the following:

(a) Any areas within a video lottery sales agent's facility, which involve or relate to video lottery, shall be continuously monitored through the use of closed circuit television system, or other system approved by the director, by means which are capable of identifying conduct related to or involving video lottery, including, but not limited to, video lottery participants and video lottery terminal screens. Unless the director informs a video lottery sales agent that a video tape or other recording medium is required to be retained for evidentiary purposes for a longer period than fourteen days, all video tapes or other recording medium shall be retained for a period of at least fourteen days and be available for viewing by an authorized representative of the commission. In the event that a claim is made alleging a violation of rules under division 3770:2 of the Administrative Code or under Ohio or federal law, the video lottery sales agent shall retain the video tape or other recording medium until such time that the director advises that the video lottery sales agent is no longer required to retain the video tape or other recording medium. The lottery reserves the right to review all video tapes or other recordings and may require adjustments to the monitoring system or its configuration. The cost of monitoring shall be the responsibility of the video lottery sales agent;

(b) The commission's office of security personnel shall have unrestricted access to all areas of video lottery sales agent's facilities, which involve or pertain to video lottery operations. Each video lottery sales agent, and each member of a video lottery sales agent's security and surveillance department, shall timely comply with all requests from the commission and/or the commission's office of security personnel;

(c) A designation as to how the video lottery sales agent plans to provide for a clearly identifiable separation between the video lottery area and the racing wagering area; and

(d) The security and surveillance plan(s) shall include emergency procedures, disaster recovery procedures, and an active shooter plan.

(3) The security and surveillance plan(s) may be deemed an infrastructure record and/or security record as set forth in section 149.433 of the Revised Code and therefore may not be subject to disclosure under section 149.43 of the Revised Code.

(4) Any updates or changes to an approved security and surveillance plan(s), including camera coverage, placement, and views, require prior approval of the director unless otherwise waived by the director.

(B) Security and surveillance personnel. Employees who have authority related to security and surveillance or who perform security and surveillance activities must apply for and be granted the appropriate video lottery sales agent employee license as required under the provisions of division 3770:2 of the Administrative Code.

Effective: 12/28/2017
Five Year Review (FYR) Dates: 9/19/2017 and 10/28/2020
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.02, 3770.03
Prior Effective Dates: 10/28/10; 03/30/12