205 CMR 233.06
Responsibilities of the Sports Wagering Operator
A Sports Wagering Operator shall have the same responsibilities relative to the
administration of the voluntary self-exclusion list as gaming licensees have pursuant to 205 CMR
133.06(3) through (6) and (7)(b). An individual on the self-exclusion list shall have the same
rights as those provided under 205 CMR 133.06(7)(b). A Sports Wagering Operator shall also
have the following responsibilities relative to the administration of the voluntary self-exclusion
list:
(1) A Sports Wagering Operator shall eject from or refuse entry into the Sports Wagering Area
or Sports Wagering Facility any individual on the voluntary self-exclusion list;
(2) A Sports Wagering Operator shall not accept any Sports Wager from an individual on the
voluntary self-exclusion list attempts to place;
(3) A Sports Wagering Operator shall promptly notify the Commission, or its designee, if an
individual on the voluntary self-exclusion list is found in the Sports Wagering Area or Sports
Wagering Facility, or attempting to place a Sports Wager;
(4) A Sports Wagering Operator shall not pay any winning derived from Sports Wagering to
an individual who is prohibited from Sports Wagering by virtue of having their name on the
voluntary self-exclusion list in accordance with 205 CMR 233.00. Winnings derived from
Sports Wagering shall include, but not be limited to, such things as proceeds derived from
wagering on a Sports Wagering Kiosk. When reasonably possible, the Sports Wagering Operator
shall confiscate in a lawful manner or shall refuse to pay, or shall notify a Commission agent
who shall confiscate in a lawful manner, any such winnings derived from Sports Wagering or
any money or thing of value that the individual has converted or attempted to convert into a
wagering instrument whether actually wagered or not. A wagering instrument shall have the
same meaning as that term is defined in 205 CMR 133.06(7)(a) and shall also include electronic
credits on a Sports Wagering Kiosk. The monetary value of the confiscated winnings or
wagering instrument shall be paid to the Commission for deposit into the Sports Wagering Fund
within 45 days;
(5) In cooperation with the Commission, and where reasonably possible, the Sports Wagering
Operator shall determine the amount wagered and lost by an individual who is prohibited from
Sports Wagering. The monetary value of the losses shall be paid to the Commission for deposit
into the Sports Wagering Fund within 45 days;
(6) A Sports Wagering Operator shall submit a written policy for compliance with the voluntary
self-exclusion program for Commission approval at least 30 days before the Sports Wagering
Operator begins accepting bets from individuals participating in Sports Wagering from
Massachusetts. The Commission shall review the plan, and if approved, the plan shall be
implemented and followed by the Sports Wagering Operator. The plan for compliance with the
voluntary self-exclusion program shall include at a minimum those procedures provided under
205 CMR 133.06(9)(a) through (f) and 205 CMR 251.00. If the plan is not approved, the
Commission may withhold issuance of an Operations Certificate until the Sports Wagering
Operator has submitted a new policy that is approved by the Commission.
(7) The Commission shall review each Sports Wagering Operator's written policy at least once
a year.
(8) If a Sports Wagering Operator amends its written policy prior to the Commission's annual
review, the Sports Wagering Operator shall submit an amended written policy for Commission
approval within 30 days of amending the written policy. The Sports Wagering Operator shall
not implement the amended written policy until the Commission approves the amended written
policy. While the Commission reviews the amended written policy, the Sports Wagering
Operator shall continue to implement the written policy most recently approved by the
Commission.
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233.06: continued
(9) A Sports Wagering Operator shall notify the Commission within ten days if an employee
or agent fails to exclude or eject from its premises, or fails to reject or block an attempted Sports
Wager, from any individual on the voluntary self-exclusion list, or otherwise fails to perform its
obligation set forth in 205 CMR 233.06, including any provision of its approved written policy
for compliance with the voluntary self-exclusion program.