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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 3770:3-8 | Type C Sports Gaming Prize Payment

 
 
 
Rule
Rule 3770:3-8-01 | Revenue and compensation.
 

(A) As used in this rule, "gross sports gaming revenue" means sports gaming revenue minus cancels minus approved promotional credits minus prizes paid.

(B) Director's authority to collect lottery sports gaming sales revenues.

(1) The director will collect the revenues received from the sale of lottery sports gaming by type C sports gaming proprietors at weekly intervals established by the director. The director will designate a day or days during any week on which type C sports gaming proprietors are required to deposit to the credit of the lottery fund, in accounts which are recommended to be used exclusively for lottery-related transactions at lawfully designated banking institutions, all gross sports gaming revenues due the lottery by such type C sports gaming proprietors from the sale of sports gaming, less an amount retained as compensation as determined by the director.

(2) The director may arrange for any banking institution to perform the functions and services necessary to collect the revenues received from the sale of lottery sports gaming by proprietors and may arrange the compensation for such performance as deemed necessary and advisable. The director will establish detailed record keeping and operating procedures to be followed by such banking institutions to carry out the purposes of the Lottery Act and lottery rules.

(3) A type C sports gaming proprietor who operates a system independent of the current lottery system, will remit to the lottery ten per cent of gross sports gaming revenue. The director will establish procedures for the prompt payment by each type C sports gaming proprietor to the lottery.

(4) A type C sports gaming proprietor who operates an existing self-service or clerk-operated lottery terminal and who is approved by the director to adapt existing self-service or clerk-operated lottery terminals, owned or operated by the sports gaming proprietor or the Ohio lottery commission, to also serve as lottery sports gaming terminals for that proprietor must remit to the lottery up to thirty-five per cent of gross sports gaming revenue.

(5) If the amount of gross sports gaming revenue in a gaming week is a negative figure, the type C sports gaming proprietor must remit no funds for that gaming week. The director may approve any negative adjusted gross receipts to be carried over and calculated as a deduction on the subsequent gaming week until the negative balance becomes a zero balance or for some other period as determined by the director.

(6) A type C sports gaming proprietor must enter into an agreement with a licensed type C sports gaming host including compensation directly to the host as agreed upon between the type C sports gaming proprietor and the type C sports gaming host.

Last updated November 21, 2022 at 8:34 AM

Supplemental Information

Authorized By: 3770.03, 3770.23, 3770.24, 3770.25
Amplifies: 3770.01, 3770.02, 3770.03, 3770.06, 3770.21
Five Year Review Date: 11/19/2027
Rule 3770:3-8-02 | Prize payment.
 

(A) A prize resulting from a type C sports gaming wager must be able to be validated promptly upon completion of the sports wagering event, by the type C sports gaming proprietor with which the wager was placed. The type C sports gaming proprietor will create a credit voucher for prizes that are below the reportable winnings amount set by 26 U.S.C. 6041, or a subsequent analogous section of the Internal Revenue Code, which can be redeemed by the player for cash or the monetary equivalent of cash. The type C sports gaming proprietor will create a claim voucher for prizes that meet or exceed the reportable winnings amount set by 26 U.S.C. 6041, or a subsequent analogous section of the Internal Revenue Code, which are subject to reporting, withholding, and intercept. All prize vouchers must be redeemed within one hundred eighty days of the completion of the sports gaming event.

(B) A type C sports gaming proprietor will allow its host location(s) to pay credit vouchers. A type C sports gaming proprietor may negotiate lower prize payment thresholds with the type C host. Such prizes will be paid in cash from the host's proceeds of their sports gaming sales, which will be reimbursed by the type C sports gaming proprietor.

(C) A type C sports gaming proprietor may allow for credit vouchers to be credited to the players credit account, debit account, or an electronic payment account utilized to purchase the wager.

(D) A type C sports gaming proprietor will establish a procedure by which players can redeem any prize vouchers by mail.

(E) A type C sports gaming proprietor may offer electronic player prize payments with the approval of the director. The type C sports gaming proprietor must have procedures for ensuring sports gaming player accounts comply with the player identification standards established in rule 3775-16-03 of the Administrative Code and any other requirements of Chapters 3770. and 3775. of the Revised Code and the rules adopted thereunder.

(F) Subject to the approval of the director, a player may redeem prize vouchers at the lottery headquarters or at a regional office location of the lottery.

(G) A type C sports gaming proprietor may develop a system to allow for validation and payment of lottery sports gaming vouchers at any lottery sales agent or other approved cashing locations. The system must meet security and financial requirements as approved by the lottery and verified through an independent testing laboratory. Compensation for cashing may be negotiated and paid for by the type C sports gaming proprietor.

(H) The lottery will develop and offer an independent validation and cashing system that will be available to any type C sports gaming proprietor or approved cashing location. Compensation for cashing at an approved location will be negotiated and paid for by the type C sports gaming proprietor under the terms of their contract with the lottery.

(I) In connection with sports gaming prize winnings, credit vouchers, claim vouchers, and/or prize payments, the type C sports gaming proprietor must comply with all applicable laws regarding withholding of taxes, debts, obligations and reporting requirements. Compliance with the applicable laws may include, but is not limited to, submission of name, address, date of birth and social security number of prize winner prior to redemption of a claim voucher.

(J) A sports gaming prize winner's submission of name, address, date of birth and social security number must include authorization to the director and type C sports gaming proprietor to use said information for verification of debts or obligations owed and/or reporting requirements. By participating in sports gaming and/or by submitting a claim voucher to be paid, a sports gaming participant consents, agrees and authorizes access to and use of information submitted in connection with a prize payment claim for all necessary purposes under the Lottery Act by the director, and authorized representatives of the Ohio lottery commission, and the type C sports gaming proprietor.

(K) After any required withholding, unless otherwise specified by the director, payment and/or redemption of a valid prize voucher will be made by the type C sports gaming proprietor that issued the prize voucher.

(1) A prize voucher will be deemed valid provided that:

(a) It is presented on paper or other media approved by the director;

(b) It contains all information necessary to process payment of the prize voucher and all such information is legible;

(c) It is not mutilated, altered, tampered with, or otherwise illegible;

(d) It has not previously been paid;

(e) It meets all other rules, regulations, policies, and directives adopted, promulgated or issued by the Ohio lottery commission or the director regarding valid sports gaming wagers and credit vouchers.

(2) In the event that the type C sports gaming proprietor or the director makes a determination that a prize voucher is not subject to payment, the sports gaming participant presenting the prize voucher may submit a written request, on a form approved by the director, or the director's designee, for a reconstruction of the prize voucher by the type C sports gaming proprietor or the director and a written determination of the type C sports gaming proprietors or the director's decision regarding the validity of the prize voucher. In regard to any such request submitted to a type C sports gaming proprietor, the director must be provided a copy of all such requests and must be provided with a copy of the type C sports gaming proprietors written determination.

(3) The director will have final authority to honor or declare a prize voucher void. If a prize voucher is declared void by the director, there will be no further liability to redeem or issue payment in connection with the voided prize voucher.

(L) The state, the Ohio lottery commission, and its directors, commissioners, and employees will be discharged of any and all liability upon payment of a type C sports gaming prize, including, but not limited to, redemption and payment of a prize voucher.

(M) The state, the Ohio lottery commission, and its directors, commissioners, and employees, will be discharged of any and all liability associated with a misplaced, stolen, lost, or otherwise missing prize voucher.

Last updated November 21, 2022 at 8:34 AM

Supplemental Information

Authorized By: 3770.03, 3770.23, 3770.24, 3770.25
Amplifies: 3770.01, 3770.02, 3770.03, 3770.06, 3770.21
Five Year Review Date: 11/19/2027
Rule 3770:3-8-03 | Accounting and revenue audit.
 

(A) Each type C sports gaming proprietor must have procedures and systems for the preparation, use, and maintenance of complete, accurate, and legible accounting and gaming records, which must include all transactions.

(B) All books, forms, records, documents, and data submitted to the director must have the name of the entity, date of completion, and the title of the book, form, record, document, or stored data.

(C) General accounting records must be maintained on a double-entry system of accounting with transactions recorded on a basis consistent with generally accepted accounting principles.

(D) Each type C sports gaming proprietor must comply with Chapter 5753. of the Revised Code and with any requests of the tax commissioner.

(E) Each type C sports gaming proprietor must have documented revenue audit procedures. Documentation must be maintained evidencing the performance of all revenue audit procedures, any exceptions noted, and follow-up of all exceptions. The director will prescribe the method of documentation and may require additions or modifications to revenue audit procedures.

Last updated October 28, 2022 at 5:08 AM

Supplemental Information

Authorized By: 3770.03, 3770.23, 3770.24, 3770.25
Amplifies: 3770.01, 3770.02, 3770.03, 3770.06, 3770.21
Five Year Review Date: 10/27/2027