Wyo. Stat. § 9-24-103

Current through the 2024 Budget Session
Section 9-24-103 - Permits; licenses; fees; application
(a) A sports wagering operator shall possess a permit issued by the commission to accept online sports wagers. No person shall accept online sports wagers without holding a valid permit issued by the commission.
(b) A qualified gaming entity applying for a sports wagering operator permit shall do so on a uniform application furnished by the commission. The fee for both an initial application and renewal application shall be two thousand five hundred dollars ($2,500.00). The application shall require an applicant, at a minimum, to provide:
(i) The full name, current address and contact information of the applicant;
(ii) Disclosure of each person who has control of the applicant as described in subsection (g) of this section;
(iii) The applicant's fingerprints and the fingerprints of individuals identified in subsection (g) of this section considered to have control of an applicant or permit holder;
(iv) Allowance for the commission to obtain fingerprints and to conduct a national criminal history record check of the applicant, each individual disclosed under subsection (g) of this section and each person required to be licensed under subsections (p) and (q) of this section in accordance with procedures established by the commission. This subsection shall not require an applicant or individual who has submitted to a criminal background check in this or any other state within the twelve (12) months before submitting the application to resubmit to another criminal background check provided that the applicant or individual submits the results of the previous criminal background check and affirms that there has been no material change in the criminal history since the time of the criminal background check. The cost of the criminal history record background check shall be paid using a portion of the applicant's application fee;
(v) Other information and permissions as requested by the commission;
(vi) For the applicant and each person disclosed under subsection (g) of this section, a record of previous issuances and denials of any gambling related license or application under Wyoming statutes or in any other jurisdiction in the United States;
(vii) Any additional information required by commission rules.
(c) The commission shall charge a permit fee of one hundred thousand dollars ($100,000.00) for an initial sports wagering operator permit. An initial permit and any renewal permit shall each be valid for five (5) years. The commission shall charge a fee of fifty thousand dollars ($50,000.00) for a sports wagering operator permit renewal.
(d) A sports wagering vendor shall possess a permit issued by the commission to conduct business in the state. No person shall provide vendor services to a sports wagering operator without holding a valid permit issued by the commission.
(e) The commission shall charge a fee of ten thousand dollars ($10,000.00) for an initial sports wagering vendor permit. An initial permit and any renewal permit shall each be valid for five (5) years. The commission shall charge a fee of five thousand dollars ($5,000.00) for a sports wagering vendor permit renewal.
(f) Sports wagering operator fees, sports wagering vendor permit fees and license fees charged pursuant to subsections (c), (e), (p) and (q) of this section shall be deposited in the sports wagering account, which is hereby created. Subject to legislative appropriation, amounts within the account may be used by the commission for all expenses incurred in administering this chapter. On a quarterly basis, the commission shall transfer amounts within the account in excess of five hundred thousand dollars ($500,000.00) to the state treasurer for credit to the general fund.
(g) The following persons are considered to have control of a sports wagering operator permit applicant or permit holder:
(i) Each holding company, parent company or subsidiary company of the applicant or permit holder;
(ii) Each person, except for a bank or other licensed lending institution that holds a mortgage or other lien acquired in the ordinary course of business, who owns fifteen percent (15%) or more of a corporate applicant or permit holder and has the ability to:
(A) Control the activities of the corporate applicant or permit holder; or
(B) Elect a majority of the board of directors of that corporate applicant or permit holder.
(iii) Each person associated with a noncorporate applicant or permit holder who directly or indirectly holds a beneficial or proprietary interest in the noncorporate applicant's or permit holder's business operations or who the commission otherwise determines has the ability to control the noncorporate applicant or permit holder;
(iv) Key personnel of an applicant or permit holder, including any executive, employee or agent having the power to exercise ultimate decision making authority over the applicant's or permit holder's sports wagering operations in this state.
(h) The commission shall, not more than ninety (90) days after the date of receipt of an application for a permit or license or application for renewal of a permit or license under this section, either:
(i) Issue the permit or license; or
(ii) Deny the application based on the grounds that the applicant failed to qualify as provided by subsection (j) of this section.
(j) The commission shall deny an application under this article upon finding any of the following:
(i) The applicant or permit holder has been convicted of, forfeited bail on or pleaded guilty to:
(A) A crime involving theft, dishonesty or fraud;
(B) Bribery or unlawfully influencing a public official;
(C) A felony crime involving physical harm to a person; or
(D) Any other crime identified by rule of the commission that negatively impacts the applicant's credibility or the security, integrity or fairness of online sports wagering.
(ii) The applicant tampered with submitted documentation or concealed, failed to disclose or otherwise attempted to mislead the commission with respect to any material fact contained in the application or contained in any other information required of or submitted by an applicant to the commission;
(iii) The applicant, license holder or permit holder failed or refused to cooperate in the investigation of a crime related to gambling, corruption of a public official or any organized criminal activity;
(iv) The applicant, license holder or permit holder has intentionally not disclosed the existence or identity of other persons who have control of the applicant or permit holder as required by this section;
(v) The applicant, license holder or permit holder has had a permit or license revoked by any government authority responsible for the regulation of sports wagering;
(vi) The applicant, license holder or permit holder has not demonstrated financial responsibility sufficient to adequately meet the requirements of this chapter, as specified by rule of the commission; or
(vii) The applicant, license holder or permit holder has not met the requirements of this section, any other provision of this chapter, commission rules or any applicable federal laws.
(k) Given a sufficient number of applicants, at any one (1) time the commission shall issue not less than five (5) sports wagering operator permits to applicants that satisfy the requirements under this chapter. If an insufficient number of applicants apply for a sports wagering operator permit, this provision shall not be interpreted to direct the commission to issue a permit to an unqualified applicant.
(m) The commission shall issue a permit to a sports wagering vendor that is currently operating in good standing in a similar role in at least three (3) jurisdictions in the United States under a state regulatory structure and that has paid all required fees under subsection (e) of this section.
(n) Permit holders and license holders under this article shall have an ongoing obligation to disclose in writing any material change in the information provided in the application to the commission, including:
(i) Changes to names and contact information;
(ii) Arrests, convictions, guilty pleas, disciplinary actions or license denials in Wyoming or any other jurisdiction;
(iii) Any civil action brought against the permit holder or license holder; and
(iv) Any other information specified by rule of the commission.
(o) If the commission denies an application or intends to revoke or suspend a permit or license issued under this article, it shall notify the applicant, licensee or permittee in writing, stating the grounds for denial, revocation or suspension and informing the person of a right to submit, within not more than thirty (30) days, any additional documentation relating to the grounds for denial, revocation or suspension. Upon receiving any additional documentation, the commission shall reconsider its decision and inform the applicant of its decision within not more than twenty (20) days of the submission of information for reconsideration. A denial of an application or a revocation or suspension of a permit or license under this article shall be subject to the contested case procedures of the Wyoming Administrative Procedure Act.
(p) Key personnel of an applicant, license holder or permit holder who may exercise ultimate decision making authority over the applicant's, permit holder's or license holder's online sports wagering operations in this state shall be licensed by the commission. The commission shall charge a fee of two hundred fifty dollars ($250.00) for an initial license and renewal application under this subsection. An initial license and any renewal license issued under this subsection shall each be valid for five (5) years.
(q) Any employee of an applicant, license holder or permit holder who is not subject to licensure under subsection (p) of this section and who is authorized to change and is capable of changing play or outcome of wagers through the deployment of code to production for any critical component of the applicant's, permit holder's or license holder's mobile application or digital platform in this state shall be licensed by the commission. The commission shall charge a fee of two hundred fifty dollars ($250.00) for an initial license and renewal application under this subsection. An initial license and any renewal license issued under this subsection shall each be valid for five (5) years.

W.S. 9-24-103

Amended by Laws 2023, ch. 62,§ 1, eff. 2/21/2023.
Added by Laws 2021 , ch. 100, § 1, eff. 9/1/2021.