N.D. Admin. Code 69.5-01-11-06

Current through Supplement No. 395, January, 2025

Section 69.5-01-11-06 - Duties of site operators

1. A site operator shall conduct the pari-mutuel wagering at a site approved by the commission.

2. A site operator shall provide access to the commission or its designated representative to the site and to all records of the site operator and any other information as required by the commission or its designated representative.

3. A site operator is responsible for cash shortages which occur at a simulcast site.

4. The provisions of North Dakota Century Code section 53-06.2-11 are applicable to simulcasting and account wagering. A site operator shall establish a system of monitoring and supervising accounts to facilitate and to make record of compliance with this section. Such supervision of accounts must provide for timely payoffs to winning patrons either through immediate cash payments or by vouchers payable upon demand as soon as necessary funds transfer can be made through the clearing process of the banking system by the service provider. Such accounts must also provide for timely transfer of all funds owing to North Dakota. These shall include pari-mutuel taxes, breakage, unclaimed tickets, purse fund contributions, breeders' fund contributions, and promotion fund contributions. The site operator's service agreement with its service provider must include provision for such timely transfer of these funds and systems of monitoring and supervising accounts.

5. A site operator may only take a signal or conduct account wagering from a service provider licensed by the commission.

6. All wagers are made on the official results of the sending track.

7. Only a licensed employee of a site operator may conduct simulcast or pari-mutuel wagering on behalf of a site operator, excepta service provider may conduct pari-mutuel wagering on behalf of a site operator through a self-service device, electronically, telephonically, or through the internet only with the prior approval of the commission.

N.D. Admin Code 69.5-01-11-06

Effective March 1, 1990; amended effective August 1, 2007; July 1, 2011.

Amended by Administrative Rules Supplement 2016-360, April 2016, effective 4/1/2016.

General Authority: NDCC 53-06.2-05

Law Implemented: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-06, 53-06.2-07, 53-06.2-08, 53-06.2-10.1, 53-06.2-11, 53-06.2-12, 53-06.2-14