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COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 4384 (July 30, 2022).

Pennsylvania Code



CHAPTER 1401a. GENERAL SPORTS WAGERING PROVISIONS

Sec.


1401a.1.    Scope.
1401a.2.    Definitions.
1401a.3.    Initial and renewal authorization and license fees.
1401a.4.    Sports wagering certificate petition and standards.
1401a.5.    Conduct of sports wagering generally.
1401a.6.    Permitted sports wagering activities.
1401a.7.    Prohibited and restricted sports wagering activities.
1401a.8.    Persons prohibited from engaging in sports wagering activities.
1401a.9.    Physical characteristics of sports wagering areas; security and surveillance of sports wagering area; other requirements.

Authority

   The provisions of this Chapter 1401a added under 4 Pa.C.S. § §  1202(b)(30) and 13C02, unless otherwise noted.

Source

   The provisions of this Chapter 1401a added September 10, 2021, effective September 11, 2021, 51 Pa.B. 5973, unless otherwise noted.

§ 1401a.1. Scope.

 (a)  The purpose of this subpart is to govern the operation of sports wagering in this Commonwealth. The purpose of this chapter is to establish definitions for this subpart and create the process by which a slot machine licensee can seek approval to conduct sports wagering. The act and the Board’s regulations promulgated thereunder shall otherwise apply when not in conflict with this subpart.

 (b)  Any sports wagering certificate holder or sports wagering operator who offers interactive or mobile sports wagering as a form of interactive gaming shall also comply with all applicable provisions in Subpart L (relating to interactive gaming) as it pertains to the development, implementation, and use of interactive or mobile sports wagering system operations, specifically Chapters 809a—815a.

§ 1401a.2. Definitions.

 The following words and terms, when used in this subpart, have the following meanings, unless the context clearly indicates otherwise:

   Associated equipment—Any equipment or mechanical, electromechanical or electronic contrivance, component or machine used in connection with sports wagering, including equipment which affects the proper reporting and counting of gross sports wagering revenue and computerized systems for controlling and monitoring sports wagering.

   Authorized trader—An entity who has been authorized by a sports wagering certificate holder or sports wagering operator to place a layoff wager pursuant to a layoff wager agreement.

   Bureau—The Bureau of Investigations and Enforcement.

   Cash equivalent—An asset that is readily convertible to cash, including any of the following:

     (i)   Chips or tokens.

     (ii)   Travelers checks.

     (iii)   Foreign currency and coin.

     (iv)   Certified checks, cashier’s checks and money orders.

     (v)   Personal checks or drafts.

     (vi)   A negotiable instrument applied against credit extended by a certificate holder, an interactive gaming operator, sports wagering operator or a financial institution.

     (vii)   A prepaid access instrument.

     (viii)   Any other instrument or representation of value that the Board deems a cash equivalent.

   Gaming day—The period of time from 6 a.m. to 5:59:59 a.m. the following calendar day, corresponding to the beginning and ending times of sports wagering activities for the purpose of accounting reports and determination of gross sports wagering revenue.

   Gaming employee—An employee of any of the following who the Board determines, after a review of the work to be performed, requires a gaming employee permit for the protection of the integrity of sports wagering within this Commonwealth:

     (i)   A sports wagering certificate holder, interactive gaming operator or sports wagering operator.

     (ii)   A sports wagering manufacturer.

     (iii)   A sports wagering supplier.

     (iv)   A sports wagering gaming service provider.

     (v)   Any other person as determined by the Board.

   Gross sports wagering revenue

     (i)   The total of cash or cash equivalents received from sports wagering minus the total of:

       (A)   Cash or cash equivalents paid to players as a result of sports wagering.

       (B)   Cash or cash equivalents paid to purchase annuities to fund prizes payable to players over a period of time as a result of sports wagering.

       (C)   The actual cost paid by the sports wagering certificate holder for any personal property distributed to a player as a result of sports wagering. This clause does not include travel expenses, food, refreshments, lodging or services.

     (ii)   The term does not include any of the following:

       (A)   Counterfeit cash or chips.

       (B)   Coins or currency of other countries received as a result of sports wagering, except to the extent that the coins or currency are readily convertible to cash.

       (C)   Cash taken in a fraudulent act perpetrated against a sports wagering certificate holder for which the sports wagering certificate holder is not reimbursed.

   Interactive or Mobile Sportsbook—An authorized sports wagering web site or mobile application offered to registered players in this Commonwealth by a sports wagering certificate holder or sports wagering operator.

   Interactive or mobile sports wagering—Sports wagering offered to registered players in this Commonwealth by a sports wagering certificate holder or sports wagering operator by means of an authorized sports wagering web site or mobile application.

   Key employee—All of the following:

     (i)   An individual who is employed in a director or department head capacity and who is empowered to make discretionary decisions that regulate sports wagering operations or systems, including the director of sports wagering or other similar job classifications associated with sports wagering.

     (ii)   An employee who is not otherwise designated as a gaming employee and who supervises the operations or systems of the sports wagering department or to whom the sports wagering department directors or sports wagering department heads report.

     (iii)   Other positions not otherwise designated or defined under this subpart which the Board determines based on detailed analyses of job descriptions as provided in the internal controls of the sports wagering certificate holder or sports wagering operator as approved by the Board.

   Layoff wager

     (i)   A wager placed by a sports wagering certificate holder or sports wagering operator with another sports wagering certificate holder or sports wagering operator located in this Commonwealth for the purposes of offsetting patron wagers.

     (ii)   A wager sought and accepted by a sports wagering certificate holder or sports wagering operator placed by an authorized trader for the purposes of offsetting patron wagers.

   Layoff wager agreement—An agreement entered into between a sports wagering certificate holder or sports wagering operator and an authorized trader which governs the terms and conditions for the placement of layoff wagers.

   Player—An individual wagering cash, a cash equivalent or other thing of value on a sporting event, combination of sporting events or the individual performance statistics of an athlete in a sporting event, including during a contest or tournament, the act of which may deliver or entitle the individual to receive cash, a cash equivalent or other thing of value from another player or sports wagering certificate holder, interactive gaming operator or sports wagering operator.

   Registered player—An individual who has entered into a sports wagering account agreement with a sports wagering certificate holder or sports wagering operator offering interactive or mobile sports wagering.

   Retail sportsbook—Sports wagering activities conducted by means of self-service kiosks or point of sale system in the sports wagering areas of a sports wagering certificate holder’s approved locations.

   Sporting event—A professional or collegiate sports or athletic event or a motor race event, including international team and international individual athletic events.

   Sports wagering

     (i)   The business of accepting wagers on sporting events or on the individual performance statistics of athletes in a sporting event or combination of sporting events by any system or method of wagering, including at a retail sportsbook or over the Internet through web sites and mobile applications when authorized by the Board. The term includes exchange wagering, parlays, over-under, moneyline, pools and straight bets. The term does not include the other forms of gaming or wagering listed in section 13C01 of the act (relating to definitions).

   Sports wagering area

     (i)   The physical land-based location at which a certificate holder is authorized, under Chapter 13C of the act (relating to sports wagering), to conduct retail sports wagering. The area must be:

       (A)   A designated area within the certificate holder’s slot machine licensed facility, as approved by the Board.

       (B)   A Board-approved temporary facility that is physically connected to, attached to or adjacent to the certificate holder’s slot machine licensed facility for a period not to exceed 18 months.

       (C)   A nonprimary location of a Category 1 slot machine licensee under 3 Pa.C.S. Chapter 93 (relating to race horse industry reform) upon Board approval in consultation with the State Horse Racing Commission.

       (D)   At a Category 4 licensed facility, if the holder of the Category 4 slot machine license also holds a Category 1, 2 or 3 slot machine licensed and has acquired a sports wagering certificate under that Category 1, 2 or 3 license.

     (ii)   The term does not include a redundancy facility or an interactive gaming or interactive or mobile sports wagering restricted area which is not located on the premises of a licensed facility as approved by the Board and which is maintained and operated by a certificate holder, interactive gaming operator or sports wagering operator in connection with sports wagering.

   Sports wagering certificate—A certificate awarded by the Board under this subpart that authorizes a slot machine licensee to conduct sports wagering in accordance with this subpart.

   Sports wagering certificate holder—A slot machine licensee to whom the Board has awarded a sports wagering certificate.

   Sports wagering device—Any mechanical, electrical or computerized contrivance, terminal, machine or other device, apparatus, equipment or supplies approved by the Board and used to conduct sports wagering.

   Sports wagering gaming service provider—A person that is not required to be licensed as a sports wagering operator, interactive gaming operator, sports wagering manufacturer, sports wagering supplier, interactive gaming manufacturer or interactive gaming supplier and:

     (i)   Provides goods or services to a sports wagering certificate holder, interactive gaming operator or sports wagering operator for the operation of sports wagering.

     (ii)   Is determined to be a sports wagering gaming service provider by the Board.

   Sports wagering interactive system—All hardware, software and communications that comprise a type of server-based sports wagering system for the purpose of offering authorized interactive or mobile sports wagering in this Commonwealth when authorized by the Board.

   Sports wagering manufacturer—A person who manufactures, builds, rebuilds, fabricates, assembles, produces, programs, designs, sells, leases, offers or otherwise makes modifications to any authorized sports wagering device or associated equipment for use or operation in this Commonwealth for sports wagering purposes.

   Sports wagering manufacturer license—A license issued by the Board authorizing a sports wagering manufacturer to manufacture, build, rebuild, fabricate, assemble, produce, program, design, sell, lease, offer or otherwise make modifications to any authorized sports wagering device or associated equipment for use or operation in this Commonwealth for sports wagering purposes.

   Sports wagering operator—A person licensed by the Board to offer sports wagering at a retail sportsbook or offer interactive or mobile sports wagering through the provision of a sports wagering platform on behalf of a sports wagering certificate holder. The term includes an interactive gaming operator applicant or licensee that seeks to operate retail sports wagering or interactive or mobile sports wagering system on behalf of sports wagering certificate holder.

   Sports wagering platform—The combination of hardware and software or other technology designed and used to manage, conduct and record retail and interactive or mobile sports wagering activity as approved by the Board. The term includes any emerging or new technology deployed to advance the conduct and operation of retail and interactive or mobile sports wagering activity as approved through regulation by the Board.

   Sports wagering restricted area—Any room or area, as approved by the Board, used by a sports wagering certificate holder, interactive gaming operator or sports wagering operator to manage, control and operate sports wagering, including, when approved by the Board, redundancy facilities and remote gaming server locations.

   Sports wagering supplier—A person who provides, distributes or services any authorized sports wagering device or associated equipment for use or operation in this Commonwealth for sports wagering purposes that is not otherwise required to be licensed as a sports wagering manufacturer or sports wagering gaming service provider.

   Sports wagering supplier license—A license issued by the Board authorizing a sports wagering supplier to provide products or services related to any authorized sports wagering device or associated equipment to a sports wagering certificate petitioner or holder or sports wagering operator for use or operation in this Commonwealth for sports wagering purposes.

Cross References

   This section cited in 58 Pa. Code §  1403a.5 (relating to sports wagering manufacturer licensee responsibilities); 58 Pa. Code §  1404a.5 (relating to sports wagering supplier licensee responsibilities); 58 Pa. Code §  1405a.1 (relating to general sports wagering gaming service provider requirements); 58 Pa. Code §  1405a.3 (relating to sports wagering gaming service provider registration applications); 58 Pa. Code §  1405a.4 (relating to qualification of individuals and entities of certified sports wagering gaming service providers); 58 Pa. Code §  1406a.3 (relating to sports wagering key employees); and 58 Pa. Code §  1406a.4 (relating to sports wagering gaming employees).

§ 1401a.3. Initial and renewal authorization and license fees.

 (a)  Prior to the Board issuing a sports wagering certificate, sports wagering operator license or renewal thereof, the sports wagering certificate holder or sports wagering operator shall pay the authorization or license fee.

 (b)  If an interactive gaming operator licensee, licensed in accordance with the provisions of Subpart L (relating to interactive gaming), has already remitted the required licensing fee, the Board will not assess an additional fee for the interactive gaming operator licensee to acquire a sports wagering operator license.

§ 1401a.4. Sports wagering certificate petition and standards.

 (a)  A slot machine licensee seeking to offer sports wagering in this Commonwealth may petition the Board for a sports wagering certificate.

 (b)  A petitioner for a sports wagering certificate shall submit all of the following to the Board:

   (1)  The name, business address and contact information of the slot machine licensee petitioning for a sports wagering certificate.

   (2)  The name, business address and contact information of any affiliate, sports wagering operator or other person that will be a party to an agreement with the sports wagering certificate petitioner related to the operation of sports wagering on behalf of the sports wagering certificate petitioner and a description of the services to be provided.

   (3)  The name and business address, job title and a photograph of each principal and key employee of the sports wagering petitioner who will be involved in the conduct of sports wagering and whether or not the principal or key employee is currently licensed by the Board.

   (4)  A statement identifying what types of sports wagering, including the sporting events, the sports wagering certificate petitioner intends to offer.

   (5)  A statement identifying whether the sports wagering petitioner intends to offer retail sports wagering, interactive or mobile sports wagering, or a combination thereof.

   (6)  A statement identifying whether the sports wagering petitioner intends to utilize a temporary facility for its retail sports wagering operations or system.

   (7)  If the petitioner is a Category 1 slot machine licensee, a statement identifying whether the sports wagering petitioner intends to offer retail sports wagering in any nonprimary locations.

   (8)  The estimated number of full-time and part-time employment positions that will be created as a result of sports wagering if a sports wagering certificate is issued.

   (9)  An updated hiring plan under section 1510(a) of the act (relating to labor hiring preferences) which outlines the sports wagering certificate petitioner’s plan to promote the representation of diverse groups and Commonwealth residents in the employment positions.

   (10)  A brief description of the economic benefits expected to be realized by the Commonwealth if a sports wagering certificate is issued.

   (11)  The details of any financing obtained or that will be obtained to fund an expansion or modification of the sports wagering certificate petitioner’s licensed facility to accommodate sports wagering and to otherwise fund the cost of commencing sports wagering.

   (12)  Information and documentation concerning financial background and resources to establish the financial stability, integrity and responsibility of the sports wagering certificate petitioner.

   (13)  Information and documentation concerning the terms of any agreement with a sports wagering operator.

   (14)  Information and documentation to establish that the sports wagering certificate petitioner has sufficient business ability and experience to conduct a successful sports wagering operation, including the sports wagering certificate petitioner’s history in slot machine and table game operations, employment data and capital investment in casino operations.

   (15)  Information and documentation that the sports wagering certificate petitioner has or will have the financial ability to pay the sports wagering authorization fee.

   (16)  Detailed site plans identifying the proposed sports wagering area and sports wagering restricted area, including security and surveillance plans and plans relative to compliance with the Clean Indoor Air Act (35 P.S. § §  637.1—637.11).

   (17)  An overview of all of the following:

     (i)   The sports wagering certificate petitioner’s initial system of internal and accounting controls applicable to sports wagering including the areas described in paragraph (16).

     (ii)   The sports wagering certificate petitioner’s proposed standards to protect, with a reasonable degree of certainty, the privacy and security of its registered players.

     (iii)   The sports wagering devices and associated equipment and interactive or mobile sports wagering system, or both, that the sports wagering certificate petitioner plans to or will utilize to manage, administer or control its sports wagering operations or systems as well as the identity of any third parties providing these devices and associated equipment.

   (18)  A description of accounting systems, including accounting systems for all of the following:

     (i)   Sports wagering accounts.

     (ii)   Per wager charges, if applicable.

     (iii)   Transparency and reporting to the Board and the Department.

     (iv)   Ongoing auditing and internal control compliance reviews.

   (19)  A description outlining the impact that sports wagering petitioner’s plans will have on the number of slot machines and table games in operation at its licensed facility.

   (20)  An overview of any necessary additions to the petitioner’s Compulsive and Problem Gambling Plan necessitated by sports wagering.

 (c)  The Board will approve a sports wagering petition if the petitioner establishes all of the following by clear and convincing evidence:

   (1)  The petitioner’s slot machine license and table game operation certificate are in good standing with the Board.

   (2)  The conduct of sports wagering at the petitioner’s licensed facility will increase revenues and employment opportunities.

   (3)  The petitioner possesses adequate funds or has secured adequate financing to:

     (i)   Fund any necessary expansion or modification of the petitioner’s licensed facility to accommodate the conduct of sports wagering.

     (ii)   Pay the authorization fee in accordance with section 13C61 of the act (relating to sports wagering authorization fee).

     (iii)   Commence sports wagering operations or system at its licensed facility.

   (4)  The petitioner has the financial stability, integrity and responsibility to conduct sports wagering.

   (5)  The petitioner has sufficient business ability and experience to create and maintain a successful sports wagering operation.

   (6)  The petitioner’s proposed internal and external security and proposed surveillance measures within the area of the licensed facility where the petitioner seeks to conduct sports wagering are adequate.

   (7)  The petitioner has satisfied the petition requirements.

§ 1401a.5. Conduct of sports wagering generally.

 (a)  Sports wagering may only be conducted in this Commonwealth by a sports wagering certificate holder or a sports wagering operator on behalf of a sports wagering certificate holder. A sports wagering operator may be a licensed interactive gaming operator and provide interactive gaming and sports wagering services.

 (b)  Sports wagering conducted in this Commonwealth by a sports wagering certificate holder or a sports wagering operator may only be offered to players as follows:

   (1)  At a designated, clearly identified sports wagering area, at the sports wagering certificate holder’s licensed facility.

   (2)  At a temporary facility that is physically connected to, attached to or adjacent to the sports wagering certificate holder’s slot machine licensed facility for a period not to exceed 18 months.

   (3)  At a nonprimary location of a Category 1 slot machine licensee under 3 Pa.C.S. Chapter 93 (relating to race horse industry reform).

   (4)  At a Category 4 licensed facility, if the holder of the Category 4 slot machine license also holds a Category 1, 2 or 3 slot machine license and has acquired a sports wagering certificate under that Category 1, 2 or 3 license.

   (5)  Through a single interactive sports wagering web site or mobile application that clearly and prominently displays the name of the sports wagering certificate holder.

 (c)  Sports wagering certificate holders may employ the services of a sports wagering operator to assist its sports wagering operations through any or all of the means identified in subsection (b). A sports wagering certificate holder:

   (1)  May employ the services of two sports wagering operators only if one sports wagering operator provides services related to retail sports wagering and the other provides services related to interactive or mobile sports wagering.

   (2)  May only offer one sports wagering web site and one sports wagering mobile application.

 (d)  A sports wagering certificate holder or a sports wagering operator may not permit the following individuals to engage in sports wagering activities:

   (1)  Individuals under 21 years of age.

   (2)  Individuals on the Board’s sports wagering exclusion list.

   (3)  Individuals on the Board’s casino self-exclusion list for retail sports wagering or the interactive gaming self-exclusion list for interactive or mobile sports wagering.

   (4)  Individuals located outside of Pennsylvania.

 (e)  A sports wagering certificate holder or a sports wagering operator seeking to offer interactive or mobile sports wagering shall have a server or other equipment located in this Commonwealth that is capable of receiving sports wagering bets and that conforms with the requirements set forth by the Board in Subpart L (relating to interactive gaming).

 (f)  A sports wagering certificate holder or a sports wagering operator seeking to offer interactive or mobile sports wagering shall utilize geolocation tools to ensure players placing sports wagering bets are located in this Commonwealth.

 (g)  As set forth in §  1408a.9 (relating to integrity monitoring), a sports wagering certificate holder or a sports wagering operator shall employ the services of a third-party integrity monitor that is certified by the Board as required under §  1405a.1(a)(4) (relating to general sports wagering gaming service provider requirements) to assist the sports wagering certificate holder or a sports wagering operator in protecting against and identifying suspicious or illegal sports wagering activities, or otherwise demonstrate to the Board’s satisfaction that it has established an in-house unit capable of performing this function with appropriate segregation of functions and reporting duties.

 (h)  As set forth in §  1408a.8 (relating to risk management), a sports wagering certificate holder or sports wagering operators shall employ the services of a third-party risk manager that is certified by the Board as required under §  1405a.1(a)(4) to assist the certificate holder or a sports wagering operator to manage the risk and liabilities associated with operating a sportsbook, or otherwise demonstrate to the Board’s satisfaction that it has established an in-house unit capable of performing this function with appropriate segregation of functions and reporting duties.

 (i)  A sports wagering certificate holder or a sports wagering operator may not commence sports wagering operations through any of the means identified in subsection (b) to players in this Commonwealth until the Board approves all necessary associated applications, including applications of key employees, gaming employees, manufacturers, suppliers and gaming service providers.

 (j)  A sports wagering certificate holder or a sports wagering operator shall comply with all applicable Federal laws governing the conduct of sports wagering and interstate commerce.

Cross References

   This section cited in 58 Pa. Code §  1401a.9 (relating to physical characteristics of sports wagering areas; security and surveillance of sports wagering area; other requirements).

§ 1401a.6. Permitted sports wagering activities.

 (a)  A sports wagering certificate holder or sports wagering operator shall submit to the Board for approval the events and types of wagers it proposes offering to players prior to accepting any sports wagering bets.

 (b)  The Board may permit a sports wagering certificate holder or sports wagering operator to offer wagering on any of the following sporting events:

   (1)  Professional athletic events.

   (2)  Collegiate athletic events.

   (3)  Professional motor race events.

   (4)  International team and international individual athletic events.

   (5)  Any other sporting events as approved by the Board.

 (c)  The Board may permit a sports wagering certificate holder or sports wagering operator to offer any of the following types of wagers on the sporting events or on the individual performance statistics of athletes in a sporting event enumerated in subsection (b):

   (1)  Exchange wagering—A marketplace which permits patrons to bet with or against each other through a gaming platform operated and managed by a sports wagering certificate holder or sports wagering operator.

   (2)  In-game wagers—Wagers placed on the outcome of a sporting event or proposition wagers made after the athletic event has started and can continue during the course of live play of the athletic event.

   (3)  Parlay wagers—A wager on two or more outcomes in which all outcome wagers must win or cover for the patron to win or, a series of three or more teams in 2-team parlays.

   (4)  Proposition wagering—Wagers placed on the occurrence or nonoccurrence of a specific outcome of events within a game not directly involving the game’s final outcome.

   (5)  Straight wagers—A pre-game or pre-match wager on a single game or single event that will be determined by a point spread, money line or total score.

   (6)  Other types of wagers as approved by the Board.

 (d)  A sports wagering certificate holder or a sports wagering operator shall make available to patrons a clear explanation of all types of wagers permitted by the Board and events on which those wagers are permitted.

 (e)  A sports wagering certificate holder or sports wagering operator may place a layoff wager with another sports wagering certificate holder or sports wagering operator located in this Commonwealth for the purpose of offsetting patron wagers made under this subpart provided that the following occurs:

   (1)  The sports wagering certificate holder or sports wagering operator placing the layoff wager discloses its identity to the sports wagering certificate holder or sports wagering operator receiving the layoff wager.

   (2)  The receiving sports wagering certificate holder or sports wagering operator agrees to accept the layoff wager after receiving notification of the identity of the sports wagering certificate holder or sports wagering operator placing the layoff wager.

 (f)  A sports wagering certificate holder or sports wagering operator may seek and accept layoff wagers from an authorized trader under a layoff wager agreement submitted under subsection (f)(1)(B) for the purposes of offsetting patron wagers. The following apply:

   (1)  The sports wagering certificate holder or sports wagering operator seeking and accepting the layoff wagers has set forth in its internal controls under Chapter 1408a (relating to sports wagering accounting and internal controls) all of the following:

       (A)   Procedures for initiating a request for a layoff wager from an authorized trader.

       (B)   Procedures for entering a layoff wager agreement with an authorized trader. All layoff wager agreements entered into between a sports wagering certificate holder or sports wagering operator and an authorized trader must be provided to the Board with the internal controls submission.

       (C)   Procedures for recording a layoff wager.

       (D)   Procedures for auditing layoff wagers.

   (2)  An entity acting as an authorized trader under a layoff wager agreement must be licensed or certified by a regulatory oversight body in the area of banking, securities or insurance, and documentation of the licensure or certification shall be provided to the Board with the layoff wager agreement submitted under subsection (f)(1)(B).

   (3)  A layoff wager placed by an authorized trader may be done in person at a sports wagering certificate holder or sports wagering operator’s retail sportsbook or by way of an interactive or mobile sports wagering system.

   (4)  All layoff wagers placed by an authorized trader using a sports wagering certificate holder’s or sports wagering operator’s interactive or mobile sports wagering platform must be executed by means of the authorized trader’s sports wagering account, and the individual placing the wager must be physically present in this Commonwealth.

§ 1401a.7. Prohibited and restricted sports wagering activities.

 (a)  The following sports wagering activity is prohibited:

   (1)  Wagering on high school sporting events governed by the Pennsylvania Interscholastic Athletic Association or a similar governing body.

   (2)  Wagering on amateur sporting events that have not otherwise been specifically approved by the Board.

   (3)  Wagering on the account of or on behalf of any other person, or any other form of proxy wagering.

   (4)  Any other sports wagering activity as prohibited by the Board.

 (b)  A sports wagering certificate holder or sports wagering operator is prohibited from:

   (1)  Knowingly accepting wagers from athletes on sporting events of the type in which the athlete participates as well as sporting events governed by the same governing body under which the athlete competes.

   (2)  Knowingly accepting wagers from a person who holds a position of authority or influence sufficient to exert influence over the participants in a sporting event, or a person professionally connected to a sporting event or governing body including referees, officials, coaches, managers, handlers, athletic trainers or a person with access to certain types of exclusive information on any sporting event overseen by the governing body.

   (3)  Knowingly accepting wagers from a person the certificate holder or operator has reason to believe or suspect is placing the wager on behalf of or for the benefit of another individual that is prohibited from participating in sports wagering under these regulations or other applicable State or Federal law.

   (4)  Knowingly accepting wagers from a person the sports wagering certificate holder or sports wagering operator has reason to believe or suspect is attempting to place multiple wagers or structure wagers in any manner that is an attempt to evade or circumvent these regulations or other applicable State or Federal law.

   (5)  Knowingly accepting or holding cash or cash equivalents with the understanding that the money will be used to place a wager upon the occurrence of a specified future contingency unless a sports wagering ticket/voucher detailing the wager is immediately issued upon the sports wagering certificate holder’s and sports wagering operator’s acceptance of the money.

   (6)  Knowingly accepting any wagers other than those permitted by the Board.

   (7)  Knowingly accepting wagers on events and odds other than those posted or otherwise available to the public by the sports wagering certificate holder or sports wagering operator.

   (8)  Knowingly accepting a wager from or making payment to a person acting behalf of any other person, or any other form of proxy wagering.

   (9)  Knowingly allowing a person to make a wager utilizing the account of another person.

 (c)  If an athlete or person who holds a position of authority or influence sufficient to exert influence over the participants in a sporting event, or a person professionally connected to a sporting event or governing body including coaches, managers, handlers, athletic trainers, team physicians or other physicians providing medical consultation or treatment of an athletic participant or a person with access to certain types of exclusive information on any sporting event overseen by the governing body owns a 10% or more direct or indirect ownership interest in or control of a sports wagering certificate holder or a sports wagering operator, the certificate holder or operator shall not accept wagers on any sporting events in which the athlete, person, or team or governing body the individual is professionally connected to participates.

 (d)  If a sports wagering certificate holder or sports wagering operator owns a 10% or more direct or indirect ownership interest in or control of an athletic team, organization or governing body of athletic teams or organizations, the certificate holder or operator shall not accept wagers on any sporting events in which that team or organization participates, or on any sporting event overseen by that governing body of athletic teams or organizations.

Cross References

   This section cited in 58 Pa. Code §  1408a.3 (relating to internal controls).

§ 1401a.8. Persons prohibited from engaging in sports wagering activities.

 (a)  No person under 21 years of age may engage in sports wagering with a sports wagering certificate holder or sports wagering operator.

 (b)  No collegiate, amateur or professional athlete, referee, official, coach, manager, handler or athletic trainer or employee or contractor of a team or athletic organization who has access to nonpublic or exclusive information concerning an athlete or team may engage in sports wagering on a sporting event or the performance of an individual in a sporting event in which the person or team is participating.

 (c)  No collegiate, amateur or professional athlete, referee, official, coach, manager, handler, athletic trainer or employee of a team or athletic organization who has access to nonpublic or exclusive information concerning an athlete or team may engage in sports wagering on a sporting event or the performance of an individual in sporting events in the sport or league in which the person is involved.

 (d)  No person identified in subsections (a)—(c) may collect any winnings or recoup any losses from a sports wagering certificate holder or sports wagering operator as a result of engaging in sports wagering in violation of this section.

 (e)  Winnings of a person prohibited from engaging in sports wagering under this section shall be confiscated and retained by the sports wagering certificate holder or sports wagering operator and shall properly be accounted for in all necessary reports.

 (f)  An athletic team or the governing body or league of an athletic team may provide to the Board a list of all persons within the team’s organization as well as all league officials or referees prohibited from engaging in sports wagering under this section, along with the specific type of sporting events from which the person is prohibited from participating in sports wagering activities. The Board shall provide that list of persons identified by the athletic team or governing body or league to sports wagering certificate holders and sports wagering operators to facilitate these prohibitions on sports wagering activities.

Cross References

   This section cited in 58 Pa. Code §  1408a.3 (relating to internal controls).

§ 1401a.9. Physical characteristics of sports wagering areas; security and surveillance of sports wagering area; other requirements.

 (a)  A sports wagering certificate holder or sports wagering operator shall establish a physical, land-based retail sportsbook in one of the locations set forth in §  1401a.5(b)(1)—(4) (relating to conduct of sports wagering generally).

 (b)  A sports wagering area shall be a single area of dedicated public space with clearly established walls or defined borders. Satellite sports wagering areas located within a permitted location under §  1401a.5(b)(1)—(4) shall also be permitted upon approval by the Board.

 (c)  A sports wagering area shall include a restricted sports wagering area for conducting sports wagering transactions that:

   (1)  Shall be designed and constructed to provide maximum security for the materials stored and the activities performed therein, with the design and construction approved by the Board.

   (2)  Includes one or more ticket writer windows, each of which shall contain:

     (i)   A writer’s drawer and terminal through which financial transactions related to sports wagering will be conducted. Writers shall not commingle funds with other sources and shall not transfer funds directly with another writer.

     (ii)   A permanently affixed number, which shall be visible to surveillance.

     (iii)   Windows, as approved by the Board, which shall be fully enclosed and designed to prevent direct access to the materials stored and activities performed therein.

     (iv)   Manually triggered silent alarms, which shall be connected directly to surveillance and security.

     (v)   Surveillance coverage capable of accurate visual monitoring and recording of any activities, including the capturing of a patron’s facial image when conducting transactions at the counter.

     (vi)   An alarm for each exit door that is not a mantrap.

     (vii)   A secure location, such as a vault, for the purpose of storing funds issued by the cage to be used in the operation of sports wagering. The secure location shall:

       (A)   Be located in an area not open to the public.

       (B)   Have surveillance cameras capable of accurate visual monitoring and recording of any activities in the area.

 (c)  A sports wagering area shall have an operating balance of no more than $1 million.

   (1)  Whenever a retail sportsbook accumulates funds in excess of $1 million, the excess funds shall be transferred to the cage no later than at the end of each shift.

   (2)  The funds shall be transferred with appropriate licensed employee and container shall be accompanied by a security officer.

   (3)  Prior to transporting the funds, security shall notify the surveillance department that the transfer will take place.

 (d)  A sports wagering area may have slot machines or other authorized games with the approval of the Board, unless the sports wagering area is in a nonprimary location of a Category 1 slot machine licensee.

 (e)  A sports wagering certificate holder or sports wagering operator shall include signage in the sports wagering area that displays ‘‘If you or someone you know has a gambling problem, call 1-800-GAMBLER,’’ or comparable language approved by the Board, including in print advertisements or other media advertising the sports wagering operations of the sports wagering certificate holder or sports wagering operator.



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