R 431.5010 Licensure of Third Party Facilitators (TPF).

Rule 5010. (1) A provider of an account wagering center or systems must be licensed by the executive director as a TPF. (2) A TPF may apply for a license to operate an account wagering system whereby wagers are debited and payouts are credited to an account held by a TPF on behalf of a person. (3) A person applying for a TPF’s license and a person required to be qualified as part of the application must complete and submit the application and disclosure forms in the manner and form prescribed by the executive director. (4) The following nonrefundable TPF license application fees must be submitted to the executive director, together with the required application form or forms: (a) TPF license: $1,000.00. (b) Renewal TPF License: $500.00. (5) The license or renewal application fee must be used by the executive director to conduct an appropriate background investigation of the applicant as prescribed by the executive director, the act, and these rules. No portion of a remitted license application fee shall be refunded. (6) An additional background investigation charge may be assessed to the extent that the executive director's direct investigative cost exceeds the applicant's application fee. Unless otherwise determined by the executive director, a license may not be issued until payment of the additional assessed charge for completion of the background investigation is received by the executive director. (7) A person applying for a TPF license must provide the name, address, and phone number of a representative to act as a liaison to the executive director or his or her designee. The liaison shall assist and cooperate with the executive director or his or her designee. (8) A TPF is under a continuing duty to promptly disclose in writing any material changes in the information or documentation provided in or with the application, renewal, and disclosure forms submitted to the executive director. (9) All persons employed by TPFs involved in accepting pari-mutuel wagers, and employees with access to facilities where the wagers are placed, or systems and records relating to account wagering are operated and secured, shall hold an occupational license with a recognized horse racing regulatory agency. The TPF shall provide and maintain with the executive director a current list of the employees. (10) A licensed TPF must utilize and communicate pari-mutuel wagers to a pari- mutuel system meeting all requirements for pari-mutuel systems employed by race meeting licensees in this jurisdiction. (11) A licensed TPF must operate and communicate with the totalisator system in a way as not to provide or facilitate a wagering advantage based on access to information and processing of wagers by TPF account holders relative to persons who wager at race tracks or public off track wagering facilities. The TPF shall have in place an independent real time monitoring system and use approved by the executive director, and use other procedures as needed, to ensure compliance with this requirement. (12) Failure to provide information requested by the executive director to assist in any investigation, inquiry, hearing, or failure to comply with the act or rules promulgated by the executive director, may result in denial, suspension, or, upon reasonable notice, revocation of a license.