This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 3775-4-01 | General licensing requirements.
Effective:
August 15, 2022
(A) No sports gaming proprietor, mobile
management services provider, management services provider, sports gaming
supplier, sports gaming employee, or type C sports gaming host may operate,
conduct, or assist in operating or conducting sports gaming in this state
without first obtaining an appropriate license or provisional license from the
commission. (B) Except for an appointing professional
sports organization or type C sports gaming host, each person applying for an
initial or renewal sports gaming license must submit two complete sets of
fingerprints to the commission for the purpose of conducting a criminal records
check pursuant to divisions (A) and (C) of section 109.572 of the Revised Code,
at the applicant's sole expense and cost. An applicant that employs a
sports gaming employee applicant must pay these fees on that person's
behalf. An applicant convicted of any disqualifying offense, as defined and
prohibited by sections 3772.07 and 3772.10 of the Revised Code, and as
determined under section 9.79 of the Revised Code, will not be issued a
license. (C) The commission may grant a sports
gaming proprietor, mobile management services provider, management services
provider, or sports gaming supplier license to an applicant only once it has
determined that each person in control of the applicant, has: (1) Submitted any forms,
documents, or information the commission requires; (2) Submitted two sets of
fingerprints. The costs of which are to be paid by the entity the person
controls; and (3) Been found eligible,
qualified, and suitable as determined by the commission. (D) The commission must conduct a
complete investigation of each applicant for a sports gaming license each time
the applicant applies for an initial or renewal sports gaming
license. (E) The commission may reopen a licensing
investigation or adjudication at any time. (F) When reviewing an applicant, the
commission may rely on or consider the last investigation conducted into, or
license issued to, the applicant under Chapter 3770. or 3772. of the Revised
Code. (G) All sports gaming applicants and
licensees, except for appointing professional sports organizations and type C
gaming hosts, must update the commission, in writing, within ten days of any
material change to any information provided in an initial or renewal sports
gaming license application, to include the following: (1) Change of
name; (2) Change of home or
business address; (3) Change of primary
telephone number or electronic mail address; (4) Change to the state
of incorporation or principal place of business; (5) A change in the
persons in control of an applicant or licensee; (6) Any bankruptcy filed,
discharged, or dismissed; (7) Any arrest, charge,
plea, or conviction for any crime or offense occurring in any jurisdiction,
excluding minor misdemeanor traffic offenses; (8) Any investigation
commenced by or action filed by a gaming regulatory agency or government gaming
authority, except for routine renewal application reviews; (9) Any rejection,
suspension, revocation, or denial of any gaming-related application or license,
and any fine, penalty, or settled amount related to any gaming-related license
imposed upon or agreed to in any jurisdiction; (10) Any other changes
designated on an applicable update form; and (11) Any other
information affecting the sports gaming license applicant's or sports
gaming licensee's suitability. (H) All appointing professional sports
organizations must update the commission, in writing, within ten days of any
material change to any information provided in an initial or renewal sports
gaming license application, to include the following: (1) Change of
name; (2) Change of
address; (3) Change of primary
telephone number or electronic mail address; (4) Change to the state
of incorporation or principal place of business; (5) Any investigation
commenced by or action filed by a gaming regulatory agency or government gaming
authority, except for routine renewal application reviews; (6) Any changes to the
appointing professional sports organizations status, including changes
regarding their membership in a league, association, or organization with a
policy preventing them from being subject to the regulatory control of the
commission or from otherwise operating under a license, as well as changes to
that policy itself; and (7) Any other changes
designated on an applicable update form. (I) All type C sports gaming hosts must
update the commission, in writing, within ten days of any material change to
any information provided in an initial or renewal sports gaming license
application to include the following: (1) Change of
name; (2) Change of
address; (3) Change of primary
telephone number or electronic mail address; (4) Change to any D-1,
D-2, or D-5 liquor permit held and issued under Chapter 4303. of the Revised
Code; (5) Change to any lottery
sales agent license held and issued Chapter 3770. of the Revised
Code; (6) Change to a lottery
commission recommendation; and (7) Any other changes
designated on an applicable update form. (J) A sports gaming licensee must adhere
to the following with respect to a license granted by the
commission: (1) A sports gaming
proprietor, mobile management services provider, and management services
provider must display its license conspicuously in its place of business or
have the license available for inspection by the commission or any law
enforcement agency upon request; (2) A sports gaming
employee licensee must prominently display evidence of a license, in a manner
determined by the executive director, while actively on duty for a sports
gaming proprietor and present in a sports gaming facility; and (3) A type C sports
gaming host must display its license conspicuously in its place of
business. (K) Information provided on the
application, and any additional information requested by and provided to the
commission, will be used as a basis for an investigation of each applicant or
licensee. (L) An incomplete application, or an
application containing false, misleading, or omitted information, is cause for
administrative action by the commission. (M) The executive director may recommend
to the commission that it deny any application, or limit, condition, restrict,
suspend, or revoke any license or impose any fine upon any licensee or other
person in accordance with sports gaming law. (N) No person may re-apply for a sports
gaming license for three years from the date the person's application for
licensure was denied or license was revoked by the commission. This provision
does not apply to applications the executive director approves for withdrawal
or to an applicant who is not issued a license solely due to a restraint in the
number of licenses available. (O) No license issued under this chapter
is transferable. A significant change in or transfer of control of a licensee,
as determined by the executive director, requires the filing of a new
application and submission of the applicable fees under this chapter before any
change in or transfer of control is approved by the commission.
Last updated May 15, 2024 at 11:30 AM
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Rule 3775-4-02 | Type A sports gaming proprietor licensure.
Effective:
August 15, 2022
(A) An applicant for an initial or
renewal type A sports gaming proprietor 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 and fifty thousand dollars, as
well as all fees necessary to cover the cost of any required criminal-records
checks. (B) An applicant for an initial or renewal type A sports
gaming proprietor license must establish, by clear and convincing evidence, the
applicant's suitability for licensure. (C) Except for an appointing professional sports
organization, in determining whether to grant, maintain, or renew a type A
sports gaming proprietor license, the commission will evaluate and consider the
following factors, in addition to those set forth in division (C) of section
3775.03 and divisions (A), (B), and (C) of section 3775.041 of the Revised
Code: (1) Whether the type A sports gaming proprietor and any
person that controls it possesses good character, honesty, and
integrity; (2) Whether the type A sports gaming proprietor and any
person that controls it possesses financial stability, integrity, and
responsibility; (3) Whether the type A sports gaming proprietor is a
professional sports organization, casino operator, or video lottery sales
agents as defined in section 3775.01 of the Revised Code; (4) The extent to which the type A sports gaming proprietor
and any person that controls it have cooperated with the commission in
connection with the background investigation; (5) The extent to which the type A sports gaming proprietor
and any person that controls it have provided accurate and complete information
as required by the commission; (6) The suitability of any material person, as determined
by the executive director; (7) The reputation and business experience of the type A
sports gaming proprietor operating in the state; (8) The establishment and maintenance of facilities that
meet the requirements of division (A)(3) of section 3775.04 of the Revised
Code; (9) Whether the type A sports gaming proprietor has been
issued a comparable sports gaming license in another gaming jurisdiction with
similar licensing requirements, as determined by the commission; (10) The prospective total revenue to be collected by the
state for the conducting of online sports gaming by a sports gaming
proprietor; (11) The prospective total taxable income to be earned by
the type A sports gaming proprietor's employees in the state; (12) The extent to which the type A sports gaming proprietor
contributes to the economic development in the state; and (13) The extent to which the type A sports gaming proprietor
has complied with the requirements of Chapters 3772. and 3775. of the Revised
Code and the rules adopted thereunder. (D) If the type A sports gaming proprietor is an appointing
professional sports organization, the designee operator must establish the
designee operator's suitability on behalf of the appointing professional
sports organization in accordance with paragraph (C) of this rule. A type A
sports gaming proprietor that is a professional sports organization, regardless
of appointing status, otherwise must: (1) Meet all applicable eligibility standards and economic
development factors including those in divisions (A) and (C) of section
3775.041 of the Revised Code; and (2) Maintain protocols and procedures in place with the
designee operator to ensure independence and avoid conflicts of interest in the
operation of sports gaming, in accordance with division (A) of section 3775.05
of the Revised Code and the rules adopted thereunder. (E) If, at any time during licensure, a professional sports
organization either loses its status as an appointing professional sports
organization or otherwise wishes to offer sports gaming without a designee
operator, the professional sports organization must first demonstrate its
suitability under paragraph (C) of this rule as well as compliance with all
other provisions of Chapters 3772. and 3775. of the Revised Code and the rules
adopted thereunder. (F) A
type A sports gaming proprietor license expires five years after the date of
licensure. (G) A
type A sports gaming proprietor may request renewal of the license by
completing and submitting the appropriate form(s) required by the commission no
less than one hundred eighty days before the expiration of the
license. (H) Upon approval by the commission, at a meeting held
under section 3772.02 of the Revised Code, an applicant for an initial or
renewal type A sports gaming proprietor license must ensure that: (1) The first installment of the license fees described in
division (E)(1) of section 3775.04 of the Revised Code is paid. Each subsequent
annual license fee must be paid by the anniversary date of the granting of the
license. Failure to timely pay any portion of a fee required by this rule
constitutes cause for the executive director to issue an emergency order in the
manner prescribed by division (G) of section 3772.04 of the Revised Code;
and (2) A surety bond of an amount necessary to cover all
future license fees owed, payable to the state, is posted and maintained, as
required by division (E) of section 3775.04 of the Revised Code. The bond must
be issued by a surety that is licensed to do business in this
state. (I) In the event the application fee paid by a type A
sports gaming proprietor is insufficient to cover the actual costs of
investigating the suitability of the applicant or the persons that control it,
the commission may assess additional fees to cover the costs of the
investigation that exceed the application fee paid under this
chapter. (J) 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. (K) If the executive director determines at any time that a
type A sports gaming proprietor licensee has not actively offered sports gaming
to patrons under the license for a continued period of one year or more or that
the proprietor was issued a license because of a preference described in
division (A) of section 3775.041 of the Revised Code and no longer qualifies
for that preference, administrative action to revoke the applicable license
will be taken against the licensee. Notice of the proposed action and an
opportunity for hearing will be provided in the manner prescribed under Chapter
119. of the Revised Code and Chapter 3772-21 of the Administrative Code. In so
doing, the executive director may issue an emergency order in the manner
prescribed by division (G) of section 3772.04 of the Revised Code. Such
administrative action will not affect any other sports gaming proprietor
licenses that are held by the licensee. (L) 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.
Last updated August 15, 2022 at 8:39 AM
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Rule 3775-4-02.1 | Additional type A sports gaming proprietor licenses.
Effective:
October 15, 2022
(A) Except as otherwise provided in paragraph (B) of this rule,
the commission must not license more than twenty-five type A sports gaming
proprietors at any one time. (B) Once twenty-five type A sports gaming proprietors are
licensed in this state, the commission may, in its sole discretion, issue
additional type A sports gaming proprietor licenses only if the potential
applicant(s) can demonstrate that: (1) There is a substantial, considerable, and
ongoing need for additional type A sports gaming proprietors evidenced by
quantifiable sports gaming market data gathered in this state consisting
of; (a) Market share
analyses; (b) Reports performed by a
qualified third party on the projected amount of additional contributions to
economic development, taxable revenue, and job creation that will be generated
resulting in a further substantial benefit to this state; and (c) Any other information
so requested by the commission to aid in its determination; and (2) They meet all requirements for licensure
under Chapter 3775. of the Revised Code and the rules adopted
thereunder.
Last updated October 17, 2022 at 8:37 AM
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Rule 3775-4-03 | Type B sports gaming proprietor licensure.
Effective:
August 15, 2022
(A) An applicant for an initial or
renewal type B sports gaming proprietor license must complete and submit the
appropriate form(s) required by the commission and ensure the payment of a
nonrefundable application fee of twenty thousand dollars, as well as all fees
necessary to cover the cost of any required criminal-records
checks. (B) An applicant for an initial or
renewal type B sports gaming proprietor license must establish, by clear and
convincing evidence, the applicant's suitability for
licensure. (C) Except for an appointing professional
sports organization, in determining whether to grant, maintain, or renew a type
B sports gaming proprietor license, the commission will evaluate and consider
the following factors, in addition to those set forth in division (C) of
section 3775.03 and divisions (A), (B), and (C) of section 3775.041 of the
Revised Code: (1) Whether the type B
sports gaming proprietor and any person that controls it possesses good
character, honesty, and integrity; (2) Whether the type B
sports gaming proprietor and any person that controls it possesses financial
stability, integrity, and responsibility; (3) Whether the type B
sports gaming proprietor is a professional sports organization, casino
operator, or video lottery sales agent as defined in section 3775.01 of the
Revised Code; (4) The extent to which
the type B sports gaming proprietor and any person that controls it have
cooperated with the commission in connection with the background
investigation; (5) The extent to which
the type B sports gaming proprietor and any person that controls it have
provided accurate and complete information as required by the
commission; (6) The suitability of
any material person, as determined by the executive director; (7) The reputation and
business experience of the type B sports gaming proprietor operating in the
state; (8) The suitability of
the facilities or proposed facilities for the conducting of sports gaming in
the state; (9) Whether the type B
sports gaming proprietor has been issued a comparable sports gaming license in
another gaming jurisdiction with similar licensing requirements, as determined
by the commission; (10) The prospective
total revenue to be collected by the state for the conducting of in-person
sports gaming by the sports gaming proprietor; (11) The prospective
total taxable income to be earned by the type B sports gaming proprietor's
employees in the state; (12) The extent to which
the type B sports gaming proprietor contributes to the economic development in
the state; and (13) The extent to which
the type B sports gaming proprietor has complied with the requirements of
Chapters 3772. and 3775. of the Revised Code and the rules adopted
thereunder. (D) If the type B sports gaming
proprietor is an appointing professional sports organization, the designee
operator must establish the designee operator's suitability on behalf of
the appointing professional sports organization in accordance with paragraph
(C) of this rule. A type B sports gaming proprietor that is a professional
sports organization, regardless of appointing status, otherwise
must: (1) Meet all applicable
eligibility standards and economic development factors including those in
divisions (A) and (C) of section 3775.041 of the Revised Code; and (2) Maintain protocols
and procedures in place with the designee operator to ensure independence and
avoid conflicts of interest in the operation of sports gaming, in accordance
with division (A) of section 3775.051 of the Revised Code and the rules adopted
thereunder. (E) If, at any time during licensure, a
professional sports organization either loses its status as an appointing
professional sports organization or otherwise wishes to offer sports gaming
without a designee operator, the professional sports organization must first
demonstrate its suitability under paragraph (C) of this rule as well as
compliance with all other provisions of Chapters 3772. and 3775. of the Revised
Code and the rules adopted thereunder. (F) In addition to the factors in
paragraph (C) or (D) of this rule, as applicable, and the county population
parameters outlined in division (B) of section 3775.04 of the Revised Code, the
commission will only issue an initial type B sports gaming proprietor license
to a person who conducts significant economic activity in the county in which
the sports gaming facility is to be located. This requirement will be
determined by the commission in consultation with the department of development
and may include consideration of the following factors: (1) Contributions of
physical capital or infrastructure; (2) Contributions to
employment; (3) Contributions to
business development, including tourism; and (4) Any other factors the
commission determines, in consultation with the department of development, to
materially affect the economic activity in a particular county. (G) A type B sports gaming proprietor
license expires five years after the date of licensure. (H) A type B sports gaming proprietor may
request renewal of the license by completing and submitting the appropriate
form(s) required by the commission no less than one hundred eighty days before
the expiration of the license. (I) Upon approval by the commission, at a
meeting held under section 3772.02 of the Revised Code, an applicant for an
initial or renewal type B sports gaming proprietor license must ensure
that: (1) The first installment
of the license fees described in division (E)(2) of section 3775.04 of the
Revised Code is paid. Each subsequent annual license fee must be paid by the
anniversary date of the granting of the license. Failure to timely pay any
portion of a fee required by this rule constitutes cause for the executive
director to issue an emergency order in the manner prescribed by division (G)
of section 3772.04 of the Revised Code; and (2) A surety bond of an
amount necessary to cover all future license fees owed, payable to the state,
is posted and maintained, as required by division (E) of section 3775.04 of the
Revised Code. The bond must be issued by a surety that is licensed to do
business in this state. (J) In the event the application fee paid
by a type B sports gaming proprietor is insufficient to cover the actual costs
of investigating the suitability of the applicant or the persons that control
it, the commission may assess additional fees to cover the costs of the
investigation that exceed the application fee paid under this
chapter. (K) 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. (L) If the executive director determines
at any time that a type B sports gaming proprietor licensee has not actively
offered sports gaming to patrons under the license for a continued period of
one year or more, or that the proprietor was issued a license because of a
preference described in division (A) of section 3775.041 of the Revised Code
and no longer qualifies for that preference, administrative action to revoke
the applicable license will be taken against the licensee. Notice of the
proposed action and an opportunity for hearing will be provided in the manner
prescribed under Chapter 119. of the Revised Code and Chapter 3772-21 of the
Administrative Code. In so doing, the executive director may issue an emergency
order in the manner prescribed by division (G) of section 3772.04 of the
Revised Code. Such administrative action will not affect any other sports
gaming proprietor licenses that are held by the licensee. (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.
Last updated August 15, 2022 at 8:40 AM
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Rule 3775-4-03.1 | County population exception for type B sports gaming proprietor license.
Effective:
October 15, 2022
(A) Except as otherwise provided in paragraph (B) of this rule,
the commission must not license a type B sports gaming proprietor with a sports
gaming facility located in a county with a population of less than one hundred
thousand, as determined by the 2010 federal decennial census. (B) If a type B sports gaming
proprietor has a sports gaming facility located in a county with a population
of fifty thousand or more but less than one hundred thousand, as determined by
the 2010 federal decennial census, the commission may issue a type B sports
gaming proprietor license if: (1) The type
B sports gaming proprietor obtains and submits information from the department
of development attesting that the county where the proposed or current sports
gaming facility is located received at least five million visitors for purposes
of tourism during the most recent calendar year for which data is available;
and (2) They meet
all requirements for licensure under Chapter 3775. of the Revised Code and the
rules adopted thereunder.
Last updated October 17, 2022 at 8:37 AM
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Rule 3775-4-04 | Type C sports gaming proprietor licensure.
Effective:
August 15, 2022
(A) An applicant for an initial or
renewal type C sports gaming proprietor license must complete and submit the
appropriate form(s) required by the commission and pay a nonrefundable
application fee of fifteen thousand dollars and all fees necessary to cover the
cost of any required criminal-records checks. (B) An applicant for an initial or renewal type C sports
gaming proprietor license must establish, by clear and convincing evidence, the
applicants suitability for licensure. (C) In determining whether to grant, maintain, or renew a
type C sports gaming proprietor license, the commission will evaluate and
consider the following factors, in addition to those set forth in division (C)
of 3775.03 and divisions (B) and (C) of section 3775.041 of the Revised
Code: (1) Whether the type C sports gaming proprietor and any
person that controls it possesses good character, honesty, and
integrity; (2) Whether the type C sports gaming proprietor and any
person that controls it possesses financial stability, integrity, and
responsibility; (3) The extent to which the type C sports gaming proprietor
and any person that controls it have cooperated with the commission in
connection with the background investigation; (4) The extent to which the type C sports gaming proprietor
and any person that controls it have provided accurate and complete information
as required by the commission; (5) The suitability of any material person, as determined
by the executive director; (6) The reputation and business experience of the type C
sports gaming proprietor; (7) Whether the type C sports gaming proprietor has entered
or will enter into agreements to offer sports gaming at type C sports gaming
host facilities, subject to regulatory approvals; (8) Whether the type C sports gaming proprietor has been
issued a comparable sports gaming license in another gaming jurisdiction with
similar licensing requirements, as determined by the commission; (9) The prospective total revenue to be collected by the
state for the conducting of sports gaming; (10) The prospective total taxable income to be earned by
the type C sports gaming proprietors employees in the
state; (11) The extent to which the type C sports gaming proprietor
contributes to the economic development in the state; and (12) The extent to which the type C sports gaming proprietor
has complied with the requirements of Chapters 3770., 3772., and 3775. of the
Revised Code and the rules adopted thereunder. (D) A
type C sports gaming proprietor license expires five years after the date of
licensure. (E) A
type C sports gaming proprietor may request renewal of the license by
completing and submitting the appropriate form(s) required by the commission no
less than one hundred eighty days before the expiration of the
license. (F) Upon approval by the commission, at a meeting held
under section 3772.02 of the Revised Code, an applicant for an initial or
renewal type C sports gaming proprietor license must: (1) Pay the nonrefundable license fees as outlined in
division (E)(3) of section 3775.04 of the Revised Code; (2) Post and maintain a surety bond of an amount necessary
to cover all future license fees owed, payable to the state, which must be
issued by a surety that is licensed to do business in this state, as required
by division (E) of section 3775.04 of the Revised Code; and (3) Enter into a valid contract with the state lottery
commission to operate lottery sports gaming pursuant to Chapters 3770. and
3775. of the Revised Code. Failure to enter into or to maintain a contract with
the state lottery commission may be cause for administrative action against the
licensee. (G) In the event the application fee paid by a type C
sports gaming proprietor is insufficient to cover the actual costs of
investigating the suitability of the applicant or the persons that control it,
the commission may assess additional fees to cover the costs of the
investigation that exceed the application fee paid under this
chapter. (H) 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. (I) If the executive director determines at any time that a
type C sports gaming proprietor licensee has not actively offered sports gaming
to patrons under the license for a continued period of one year or more,
administrative action to revoke the applicable license will be taken against
the licensee. Notice of the proposed action and an opportunity for hearing will
be provided in the manner prescribed under Chapter 119. of the Revised Code and
Chapter 3772-21 of the Administrative Code. Such administrative action will not
affect any other sports gaming proprietor licenses that are held by the
licensee. (J) 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.
Last updated August 15, 2022 at 8:40 AM
|
Rule 3775-4-05 | Mobile management services provider licensure.
Effective:
August 15, 2022
(A) An applicant for an initial or
renewal mobile management services provider 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 fifty thousand dollars, as well as
all fees necessary to cover the cost of any required criminal-records
checks. (B) An applicant for an initial or
renewal mobile management services provider license must establish, by clear
and convincing evidence, the applicant's suitability for
licensure. (C) In determining whether to grant,
maintain, or renew a mobile management services provider license, the
commission will evaluate and consider the following factors, in addition to
those set forth in division (C) of section 3775.03 and division (B) of section
3775.041 of the Revised Code: (1) Whether the mobile
management services provider and any person that controls it possesses good
character, honesty, and integrity; (2) Whether the mobile
management services provider and any person that controls it possesses
financial stability, integrity, and responsibility; (3) The extent to which
the mobile management services provider and any person that controls it have
cooperated with the commission in connection with the background
investigation; (4) The extent to which
the mobile management services provider and any person that controls it have
provided accurate and complete information as required by the
commission; (5) Whether the mobile
management services provider has been issued a comparable sports gaming license
in another gaming jurisdiction with similar licensing requirements, as
determined by the commission; (6) Whether the applicant
is considered a designated first mobile management services provider or
designated second mobile management services provider pursuant to division (A)
of section 3775.05 of the Revised Code, including, for a second designated
mobile management services provider, whether the type A sports gaming
proprietor, in coordination with the mobile management services provider, has
demonstrated that issuing the license would: (a) Not prevent any other type A sports gaming proprietor
from securing a first designated mobile management services provider;
and (b) Provide an incremental economic benefit to the state.
The economic benefit generated to the state will be determined by: (i) The additional actual
or expected sports gaming tax revenue generated and license fees dedicated for
educational purposes, problem gambling services, and veterans; (ii) Any jobs created or
other services procured in the state that are attributable to the designated
second mobile management services provider conducting sports
gaming; (iii) Any capital
investments made or intended to be made in the state by the designated second
mobile management services provider; or (iv) Other economic
impacts approved by the commission. (7) Whether the mobile
management services provider has been contractually appointed as the mobile
management services provider or designee operator by a type A sports gaming
proprietor licensee, subject to regulatory approval; (8) The reputation and
business experience of the mobile management services provider operating in the
state; (9) The prospective total
revenue to be collected by the state for the conducting of sports gaming;
and (10) The extent to which
the mobile management services provider has complied with the requirements of
Chapters 3772. and 3775. of the Revised Code and the rules adopted
thereunder. (D) A mobile management services provider
that has been appointed as the designee operator in accordance with division
(A) of section 3775.05 of the Revised Code must ensure independence with the
professional sports organization that holds the type A sports gaming proprietor
license. In so doing, the designee operator must ensure that a conflicts of
interest policy is created, implemented, and maintained to avoid apparent or
actual conflicts of interests between the parties. The policy must be
originally approved by the commission, with material changes approved by the
executive director, and must include controls or information necessary to
ensure that: (1) Neither
party: (a) Shares information that may compromise the integrity of
sporting events or sports gaming with the other; nor (b) Controls nor improperly influences the other;
and (2) Both parties maintain
separate and independent records as it relates to the operation of sports
gaming in this state, to the extent such records exist in the normal course of
business. (E) A mobile management services provider
license expires five years after the date of licensure. Regardless of the
licensure term, and pursuant to division (E)(2) of section 3775.05 of the
Revised Code, a mobile management services provider is not permitted to operate
sports gaming other than pursuant to a currently valid and binding contract
with a type A sports gaming proprietor. (F) A mobile management services provider
may request renewal of the license by completing and submitting the appropriate
form(s) required by the commission no less than one hundred eighty days before
the expiration of the license. (G) Upon approval by the commission, at a
meeting held under section 3772.02 of the Revised Code, an applicant for an
initial or renewal mobile management services provider license must ensure
that: (1) The first installment
of the license fees described in division (B)(3) of section 3775.05 of the
Revised Code is paid. Each subsequent annual license fee must be paid by the
anniversary date of the granting of the license. Failure to timely pay any
portion of a fee required by this rule constitutes cause for the executive
director to issue an emergency order in the manner prescribed by division (G)
of section 3772.04 of the Revised Code; (2) A surety bond of at
least five hundred thousand dollars, payable to the state, is posted and
maintained. The bond must be issued by a surety that is licensed to do business
in this state; and (3) A written contract
with a type A sports gaming proprietor to operate sports gaming on the
proprietor's behalf has been entered into and approved by the commission.
The contract must contain a description of what duties under Chapter 3775. of
the Revised Code and the rules adopted thereunder each party is responsible
for. (H) As required by division (D) of
section 3775.05 of the Revised Code, any material change, as determined by the
executive director, to the contract described in paragraph (G)(3) of this rule
requires executive director approval. If material changes to the contract are
made without approval, those changes are null and void. This contract, and any
provision thereof, is not assignable or transferable. (I) No mobile management services
provider may hold more than four mobile management services licenses at any one
time. For each mobile management services provider application submitted after
the first, a mobile management services provider need only complete those
portions of the application so indicated and need only pay an application fee
of seventy-five thousand dollars. (J) In the event the application fee paid
by a mobile management services provider is insufficient to cover the actual
costs of investigating the suitability of the applicant or the persons that
control it, the commission may assess additional fees to cover the costs of the
investigation that exceed the application fee paid under this
chapter. (K) 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. (L) If the executive director determines
at any time that a second designated mobile management services provider
licensee has not actively offered sports gaming to the economic benefit of the
state under the license for a continued period of one year or more,
administrative action to revoke the applicable license will be taken against
the licensee. Notice of the proposed action and an opportunity for hearing will
be provided in the manner prescribed under Chapter 119. of the Revised Code and
Chapter 3772-21 of the Administrative Code. Such administrative action will not
affect any other mobile management services provider licenses that are held by
the licensee. (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.
Last updated May 15, 2024 at 11:08 AM
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Rule 3775-4-06 | Management services provider licensure.
Effective:
August 15, 2022
(A) An applicant for an initial or
renewal management services provider license must complete and submit the
appropriate form(s) required by the commission and ensure the payment of a
nonrefundable application fee of twenty thousand dollars, as well as all fees
necessary to cover the cost of any required criminal-records
checks. (B) An applicant for an initial or renewal management
services provider license must establish, by clear and convincing evidence, the
applicant's suitability for licensure. (C) In determining whether to grant, maintain, or renew a
management services provider license, the commission will evaluate and consider
the following factors, in addition to those set forth in division (C) of
section 3775.03 and division (B) of section 3775.041 of the Revised
Code: (1) Whether the management services provider and any person
that controls it possesses good character, honesty, and integrity; (2) Whether the management services provider and any person
that controls it possesses financial stability, integrity, and
responsibility; (3) The extent to which the management services provider
and any person that controls it have cooperated with the commission in
connection with the background investigation; (4) The extent to which the management services provider
and any person that controls it have provided accurate and complete information
as required by the commission; (5) Whether the management services provider has been
issued a comparable sports gaming license in another gaming jurisdiction with
similar licensing requirements, as determined by the commission; (6) Whether the management services provider has been
contractually appointed as the management services provider or designee
operator by a type B sports gaming proprietor licensee, subject to regulatory
approval; (7) The reputation and business experience of the
management services provider operating in the state; (8) The prospective total revenue to be collected by the
state for the conducting of sports gaming; and (9) The extent to which the management services provider
has complied with the requirements of Chapters 3772. and 3775. of the Revised
Code and the rules adopted thereunder. (D) A
management services provider that has been appointed as the designee operator
in accordance with division (A) of section 3775.051 of the Revised Code must
ensure complete independence with the professional sports organization that
holds the contractual type B sports gaming proprietor license. In so doing, the
designee operator must ensure that a conflicts of interest policy is created,
implemented, and maintained to avoid apparent or actual conflicts of interests
between the parties. The policy must be originally approved by the commission,
with material changes approved by the executive director, and must include
controls or information necessary to ensure that: (1) Neither party: (a) Shares information
that may compromise the integrity of sporting events or sports gaming with the
other; nor (b) Controls nor
improperly influences the other; and (2) Both parties maintain separate and independent records
as it relates to the operation of sports gaming in this state, to the extent
such records exist in the normal course of business. (E) A
management services provider license expires five years after the date of
licensure. Regardless of the licensure term, and pursuant to division (E)(2) of
section 3775.051 of the Revised Code, a management services provider is not
permitted to operate sports gaming other than pursuant to a currently valid and
binding contract with a type B sports gaming proprietor. (F) A
management services provider may request renewal of the license by completing
and submitting the appropriate form(s) required by the commission no less than
one hundred eighty days before the expiration of the license. (G) Upon approval by the commission, at a meeting held
under section 3772.02 of the Revised Code, an applicant for an initial or
renewal management services provider license must ensure that: (1) The first installment of the license fees described in
division (B)(3) of section 3775.051 of the Revised Code is paid. Each
subsequent annual license fee must be paid by the anniversary date of the
granting of the license. Failure to timely pay any portion of a fee required by
this rule constitutes cause for the executive director to issue an emergency
order in the manner prescribed by division (G) of section 3772.04 of the
Revised Code; (2) A surety bond of at least one hundred thousand dollars
payable to the state is posted and maintained. The bond must be issued by a
surety that is licensed to do business in this state; and (3) A written contract with a type B sports gaming
proprietor to operate sports gaming on the proprietor's behalf has been
entered into and approved by the commission. The contract must contain a
description of what duties under Chapter 3775. of the Revised Code and the
rules adopted thereunder each party is to be responsible for. (H) As required by division (D) of section 3775.051 of the
Revised Code, any material change, as determined by the executive director, to
the contract described in paragraph (G)(3) of this rule requires executive
director approval. If material changes to the contract are made without
approval, those changes are null and void. This contract, and any provision
thereof, is not assignable or transferrable. (I) No management services provider may hold more than
twelve management service provider licenses at any one time. For each
management services provider application submitted after the first, a
management services provider need only complete those portions of the
application so indicated and need only pay an application fee of ten thousand
dollars. (J) In the event the application fee paid by a management
services provider is insufficient to cover the actual costs of investigating
the suitability of the applicant or the persons that control it, the commission
may assess additional fees to cover the costs of the investigation that exceed
the application fee paid under this chapter. (K) 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. (L) If the executive director determines at any time that a
management services provider licensee has not actively offered sports gaming to
the economic benefit of the state under the license for a continued period of
one year or more, administrative action to revoke the applicable license will
be taken against the licensee. Notice of the proposed action and an opportunity
for hearing will be provided in the manner prescribed under Chapter 119. of the
Revised Code and Chapter 3772-21 of the Administrative Code. Such
administrative action will not affect any other management services provider
licenses that are held by the licensee. (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.
Last updated August 15, 2022 at 8:40 AM
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Rule 3775-4-07 | Type C sports gaming host licensure.
Effective:
August 15, 2022
(A) An applicant for an initial or
renewal type C sports gaming host license must apply for licensure via the
state of Ohio eLicense website at www.elicense.ohio.gov, comply with all
instructions, and pay a non-refundable application fee of one thousand dollars.
This application fee will be credited as payment of the type C gaming
host's license fee, as prescribed by division (C) of section 3775.07 of
the Revised Code. (B) In determining whether to grant,
maintain, or renew a type C sports gaming host license, the commission will
evaluate and consider the following factors: (1) Whether the applicant
has been issued a valid D-1, D-2, or D-5 liquor permit under Chapter 4303. of
the Revised Code; (2) Whether the applicant
has been issued a valid lottery sales agent license under Chapter 3770. of the
Revised Code; (3) Whether the applicant
has or will enter into an agreement with a type C sports gaming proprietor to
offer sports gaming at its facility, subject to regulatory
approval; (4) Whether the state
lottery commission recommends the applicant be issued the license;
and (5) Whether the applicant
has complied with the requirements of Chapters 3770., 3772., and 3775. of the
Revised Code and the rules adopted thereunder. (C) A type C sports gaming host may offer
sports gaming through a different type C sports gaming proprietor than the one
identified in the applicant's initial license application during the
period of the license, subject to the terms of any governing agreement with the
type C sports gaming proprietor. (D) An applicant for a type C sports
gaming host license is not required to undergo a criminal background check or
suitability investigation to be issued the license. (E) The commission, at a meeting held
under section 3772.02 of the Revised Code, will determine whether the applicant
is eligible for the license and whether the applicant has complied with the
requirements of Chapters 3770., 3772., and 3775. of the Revised Code and the
rules adopted thereunder. (F) A type C sports gaming host license
expires three years after the date of licensure. (G) A type C gaming host licensee 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. (H) 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.
Last updated May 15, 2024 at 11:30 AM
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Rule 3775-4-08 | Sports gaming supplier licensure.
Effective:
September 17, 2022
(A) An applicant for an initial or
renewal sports gaming supplier license must complete and submit the appropriate
form(s) required by the commission and ensure the payment of a nonrefundable
application fee of ten thousand dollars and all fees necessary to cover the
cost of any required criminal-records checks. (B) An applicant for an initial or
renewal sports gaming supplier license must establish, by clear and convincing
evidence, the applicant's suitability for licensure. (C) In determining whether to grant,
maintain, or renew a sports gaming supplier license, the commission will
evaluate and consider the following factors, in addition to those set forth in
division (C) of section 3775.03 and division (B) of section 3775.041 of the
Revised Code: (1) Whether the sports
gaming supplier and any person that controls it possesses good character,
honesty, and integrity; (2) Whether the sports
gaming supplier and any person that controls it possesses financial stability,
integrity, and responsibility; (3) The extent to which
the sports gaming supplier and any person that controls it have cooperated with
the commission in connection with the background investigation; (4) The extent to which
the sports gaming supplier and any person that controls it have provided
accurate and complete information as required by the commission; (5) The suitability of
any material person, as determined by the executive director; (6) The reputation and
business experience of the sports gaming supplier operating in the
state; (7) Whether the sports
gaming supplier has been issued a comparable sports gaming license in another
gaming jurisdiction with similar licensing requirements, as determined by the
commission; and (8) The extent to which
the sports gaming supplier has complied with the requirements of Chapters 3772.
and 3775. of the Revised Code and the rules adopted thereunder. (D) A sports gaming supplier license that
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 supplier 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 applicant submits
the appropriate form(s) required by the commission and ensures the payment of
all applicable fees; (2) The applicant
demonstrates that the license is active and in good standing in this state;
and (3) The applicant
otherwise meets the eligibility requirements of Chapter 3775. of the Revised
Code and the rules adopted thereunder. (E) A sports gaming supplier license
expires three years after the date of licensure. (F) A sports gaming supplier may request
renewal of the license by completing and submitting the appropriate form(s)
required by the commission no less than one hundred eighty days before the
expiration of the license. (G) 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 supplier license must ensure that the
nonrefundable license fee of fifteen thousand dollars as required by division
(C) of section 3775.08 of the Revised Code is paid. (H) 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. (I) 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.
Last updated September 17, 2022 at 12:28 PM
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Rule 3775-4-09 | Sports gaming employee licensure.
Effective:
September 17, 2022
(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.
Last updated September 17, 2022 at 12:28 PM
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Rule 3775-4-99 | Provisional licenses.
(A) An applicant for an initial sports
gaming license, prior to June 30, 2023, may request a provisional license by
submitting a written provisional request to the commission, submitting a
complete application for the applicable plenary license type, providing the
commission with all documents and information the commission requests, and
paying a nonrefundable application fee, as described in paragraph (B) of this
rule. (B) The application fees for a provisional license are as
follows: (1) Sports gaming proprietors: fifteen thousand
dollars; (2) Mobile management services providers and management
services providers: ten thousand dollars; (3) Sports gaming suppliers: ten thousand
dollars; (4) Sports gaming employees: one hundred dollars;
and (5) Type C sports gaming hosts: one thousand
dollars. (C) The amount charged for a provisional license
application will be credited to any applicants plenary license
application or license fee, as applicable. Nothing in this rule is to be
construed as to set or limit the plenary license application fees for any
sports gaming license type. (D) An applicant must pay those fees required by division
(B) of section 3775.03 and division (E) of section 125.18 of the Revised
Code. (E) An applicant that employs a sports gaming employee
applicant must pay the provisional application fee and those fees described in
paragraph (D) of this rule on the sports gaming employees
behalf. (F) Unless otherwise approved by the executive director,
all fees must be submitted in the form of an electronic funds transfer payable
to the treasurer of the state of Ohio. (G) If all requirements of this rule have been met, the
executive director may issue a provisional license of the applicable type to
the applicant. (H) Provisional licenses are valid up to three months and
may be renewed one time for up to three additional months. If renewed, an
additional application fee will not be required. (I) A
provisional license may be renewed at the direction of the executive director
to avoid a lapse in licensure. (J) No provisional license will be valid after June 30,
2023. (K) No applicant will be issued a provisional license under
this rule unless the applicant is also being considered for a plenary license
under Chapter 3775-4 of the Administrative Code. (L) An applicant who is granted a provisional license under
this rule and later withdraws, abandons, or surrenders their plenary license
application will be required to pay the associated license fee for the
applicable license type.
Last updated June 15, 2022 at 9:46 AM
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