C.M.R. 16, 633, ch. 58

Current through 2024-46, November 13, 2024
Chapter 58 - SPORTS WAGERS
1. An operator or management services provider shall not offer or accept any wager on a sports event unless it has been approved in writing by the Director before the first time that wagering on a category of a wagering event (for example, wagering on a particular type of professional sport) or type of wager (for example an in-play wager or exchange wager) is offered to the public. Written approval from the Director shall be received prior to accepting a wager on any sports event.
2. An approved list of sports events and types of wagers shall be maintained on the Unit's website.
3. The Director reserves the right to prohibit the acceptance of wagers on any sports event for which wagering would be contrary to the public policies of the State and may order the cancellation and refund of such wagers.
4. Any operator may petition the Director for approval of a new sports event or type of wager upon which wagers may be placed or accepted on form MGCU-8400.
A. A petition for approval of a proposed new sports event must be submitted a minimum of thirty (30) business days or for types of wagers submissions must be submitted within ten (10) business days, prior to being offered.
B. A proposed new sports event or type of wager may be a variation of an authorized sports event or type of wager, a composite of an authorized sports event or wager or any other sports event or wager compatible with the public interest, by statute and/or rule.
C. Form MGCU-8400 shall be submitted for Director approval and shall include the following information:
(1) The name of the petitioner;
(2) Whether the new sports event or type of wager is a variation of an authorized sports event, a composite of an authorized sports event, or any other sports event compellable with the public interest, by statute and/or rule;
(3) A complete and detailed description of the new sports event or type of wager for which approval is sought;
(4) Evidence of governing body rules and regulations or independent integrity monitoring of the new sports event or type of wager; and
(5) Any other pertinent information or material requested by the Director.
5. Amendments to previously approved sports events must be filed with the Director for approval prior to implementation, highlighting the amendment(s) with strike through for deletions and underlining additions.
6. The Director and his/her designated personnel shall review the request. After the review is completed, the Director shall communicate to the operator, in writing, the result of the review and:
A. Shall accept the change as submitted, or
B. Reject the submission as not in the best interest of the State of Maine, or
C. Propose a revision. In this case, the Director will communicate in writing to the operator about further changes that will have to be made to the submission before final approval.
7. If the operator accepts the Director's recommended changes, the operator shall make the changes as suggested by the Director and re-submit the request for change document. If the operator does not accept the suggested changes, the request shall be denied.
8. The Director shall send to the operator an accepted version of the submitted request for change with date and signature signifying approval.
9. The Director will make every effort to make a determination concerning a submission for change no later than ten (10) business days following receipt of the proposed change unless the Director and the operator agree to extend the period for making such a determination.
10. An operator or management services provider shall only accept wagers on sports events and other events for which:
A. The outcome can be verified;
B. The outcome can be generated by a reliable and independent process;
C. The outcome cannot be affected by any wager placed; and
D. The event is conducted in conformity with all applicable laws.
11. Wagers placed in sports wagering lounges or other approved areas within a licensed facility shall be made with:
A. Cash;
B. Cash equivalent;
C. Promotional funds;
D. Sports wagering vouchers or tickets;
E. Value casino gaming chips; or
F. Any other means approved the Director.
12. The sports events available for wagering shall be displayed in a manner visible to the public, such as odds boards or odds sheets, and the operator's surveillance system. The display shall include the event number, odds, and a brief description of the event.
13. An operator may, in its discretion, accept a layoff wager from another licensed sports wagering operator. A licensed sports wagering operator placing a layoff wager shall disclose its identity to the other licensed sports wagering operator accepting the wager. These wagers shall be reported to the Director or his/her designee immediately after the wager has been made. Layoff wagers are prohibited with operators in other jurisdictions.
14. Pool, shared liquidity pool, contest, or weekly pick event means a wagering or promotional offering where patrons may make selections of outcomes on a set number of sports events on a card in order to enter for a chance to win all or a portion of the prize pool.
15. Prior to offering a pool, contest or weekly pick event that will be made available to patrons in Maine, or a shared liquidity pool available to patrons in Maine and other jurisdictions, with the prize pool being comprised of entry fees collected from patrons in multiple jurisdictions, a sports wagering operator must obtain approval from the Director. The request must provide a detailed description of the pool, shared liquidity pool, contest or weekly pick event, and must include the rules, requirements for entry, the rake and winning pay out(s). Once a sports wagering operator receives approval to offer a pool, shared liquidity pool, contest, or weekly pick event the sports wagering operator shall not be required to seek additional approvals from the Director for each subsequent offering that is substantially similar.
16. The sports wagering operator shall be responsible for establishing the rake. The sports wagering operator's rake collected from patrons that enter a pool, shared liquidity pool, contest or weekly pick while located in the State of Maine, less any rake adjustment, if applicable, shall be considered net sports wagering proceeds.
17. At no time shall the calculation resulting from a rake adjustment be negative.
18. The rake rate must be the same for all jurisdictions participating in a shared liquidity pool available to patrons in Maine and other jurisdictions.
19. Agents or proxies shall not be allowed in a wagering offering. A pool, shared liquidity pool, contest or weekly pick event that is offered for promotional or other purpose that do not involve activity that can be characterized as gambling and/or sports wagering in violation of Maine laws and rules must identify any agent and/or proxy acting on behalf of any participant and the name of that individual.
20. Unauthorized sports wagering participants include any individual whose participation may undermine the integrity of the wagering or the sports event, or any person who is prohibited including, but not limited to:
A. Any individual placing a wager as an agent or proxy;
B. Any person who is an athlete, coach, referee, or player, in any sports event overseen by that person's sports governing body based on a list provided to the sports wagering operators by that person's sports governing body through the Director;
C. A person who holds a position of authority or influence sufficient to exert influence over the participants in a sporting contest, including, but not limited to, coaches, managers, handlers, or athletic trainers based on a list provided to the applicable sports wagering operators by that person's sports governing body through the Director;
D. A person under the age of 21;
E. A person with access to certain types of exclusive information on any sports event overseen by that person's sports governing body based on publicly available information, or based on a list provided to the applicable sports wagering operators by that person's sports governing body through the Director;
F. A list provided to the Director by a sports governing body shall be in a format and contain data fields designated by the Director or the Director's designee. When a list or updated list is provided, the Director will direct that list to all sports wagering operators. This list shall be deemed confidential and only be used for compliance with this rule.
21. A prohibited sports wagering participant must refrain from engaging in sports wagering in the State of Maine.
22. A sports wagering operator shall use a commercially reasonable method to confirm that the patron is not a prohibited sports wagering participant.

C.M.R. 16, 633, ch. 58

EFFECTIVE DATE:
10/29/2023 - filing 2023-205