§ 9-1E-06

(a) (1) On an award of a license by the Sports Wagering Application Review Commission established under § 9–1E–15 of this subtitle, the Commission shall:

(i) issue a Class A–1 sports wagering facility license to an applicant that meets the requirements for licensure under this subtitle who is:

1. a video lottery operator with more than 1,000 video lottery terminals; or

2. A. the owner, or the designee of the owner, of a stadium in Prince George’s County that is primarily used for professional football (NFL);

B. the owner, or the designee of the owner, of a professional football (NFL) franchise that is a lessee of a stadium in Baltimore City;

C. the owner, or the designee of the owner, of a professional major league baseball franchise that is a lessee of a stadium in Baltimore City;

D. the owner, or the designee of the owner, of a professional hockey league (NHL) franchise, that is a lessee of a stadium in the State;

E. the owner, or the designee of the owner, of a professional basketball association (NBA) franchise, that is a lessee of a stadium in the State; or

F. the owner, or the designee of the owner, of a professional soccer league (MLS) franchise, that is a lessee of a stadium in the State;

(ii) issue a Class A–2 sports wagering facility license to an applicant that meets the requirements for licensure under this subtitle who is:

1. a video lottery operator with 1,000 or fewer video lottery terminals; or

2. a horse racing licensee;

(iii) subject to paragraphs (2) and (3) of this subsection, issue a Class B–1 sports wagering facility license to any applicant who meets the requirements for licensure under this subtitle and who is not eligible for a Class B–2 sports wagering facility license;

(iv) subject to paragraphs (2) and (3) of this subsection, issue a Class B–2 sports wagering facility license to any applicant who is a person with less than:

1. 25 full–time equivalent employees; or

2. $3,000,000 in annual gross receipts; and

(v) issue not more than 60 mobile sports wagering licenses to any applicant who meets the requirements for licensure under this subtitle.

(2) (i) The Commission shall issue a Class B–1 or Class B–2 sports wagering facility license to an applicant that meets the requirements for licensure under this subtitle who is:

1. the holder of a license issued by the State Racing Commission under § 11–524 of the Business Regulation Article, including a subsidiary of the license holder;

2. a person who is the owner or lessee of a facility approved for satellite simulcast betting before January 1, 2021, unless the satellite simulcast facility is located at a video lottery facility or a racetrack; and

3. a person who holds a commercial bingo license, if the facility at which the person operates commercial bingo was permitted to operate at least 200 electronic bingo machines or electronic tip jar machines on January 1, 2021.

(ii) In addition to the Class B–1 and B–2 sports wagering facility licenses issued in accordance with subparagraph (i) of this paragraph, the Commission may issue not more than 30 Class B–1 and Class B–2 sports wagering facility licenses under paragraph (1) of this subsection.

(3) (i) The Sports Wagering Application Review Commission established under § 9–1E–15 of this subtitle may not award a Class B–1 or B–2 sports wagering facility license to an applicant:

1. who is eligible to apply for a Class A–1 or A–2 sports wagering facility license under paragraph (1) of this subsection;

2. who holds a Class A–1 or A–2 sports wagering facility license; or

3. whose sports wagering facility will be located:

A. except as provided under subparagraph (ii) of this paragraph, within a 15–mile radius of a Class A–1 or A–2 sports wagering facility located in Allegany County, Cecil County, or Worcester County;

B. with respect to an application for a sports wagering facility license submitted before June 1, 2025, within a 15–mile radius of a Class B–1 or B–2 sports wagering facility licensed to a person described under paragraph (2)(i) of this subsection and located in Charles County;

C. with respect to an application for a sports wagering facility license submitted before June 1, 2025, within a 10–mile radius of a Class B–1 or B–2 sports wagering facility licensed to a person described under paragraph (2)(i) of this subsection and located in Carroll County;

D. with respect to an application for a sports wagering facility license submitted before June 1, 2025, within a 5–mile radius of a Class B–1 or B–2 sports wagering facility licensed to a person described under paragraph (2)(i) of this subsection and located in Frederick County; or

E. within a 1.5–mile radius of a Class A–1 or A–2 sports wagering facility located in a county not described under item A, B, C, or D of this item or any other Class B–1 or B–2 sports wagering facility.

(ii) 1. The prohibition under subparagraph (i)3A of this paragraph does not apply in Allegany County prior to the issuance of a Class A–1 or A–2 sports wagering facility license in Allegany County.

2. A Class B–1 or B–2 sports wagering facility license issued within a 15–mile radius of a Class A–1 or A–2 sports wagering facility in Allegany County may be renewed if the license was initially issued prior to the issuance of the Class A–1 or A–2 license.

(4) A for–profit entity, nonprofit organization, or public–private partnership operating at the racing location described under Title 11, Subtitle 7 of the Business Regulation Article located on lands owned by the Department of Natural Resources may apply for a Class B–1 or B–2 sports wagering facility license.

(5) If an applicant designates an entity to hold the license under paragraph (1)(i)2 of this subsection, the designee shall be considered the applicant and subject to the requirements of the application process.

(6) In addition to any other person, an applicant for or holder of a Class A–1, A–2, B–1, or B–2 sports wagering facility license may apply for a mobile sports wagering license under this subsection.

(b) (1) Except as provided in paragraph (2) of this subsection, an applicant for a sports wagering license shall pay to the Commission an application fee of:

(i) $2,000,000 for a Class A–1 sports wagering facility license;

(ii) $1,000,000 for a Class A–2 sports wagering facility license;

(iii) $250,000 for a Class B–1 sports wagering facility license;

(iv) $50,000 for a Class B–2 sports wagering facility license; and

(v) $500,000 for a mobile sports wagering license.

(2) The requirement to pay an application fee to the Commission under paragraph (1) of this subsection does not apply to an applicant for a Class A–2 sports wagering facility license that is a horse racing licensee described under § 11–510(b)(3) of the Business Regulation Article.

(c) (1) The term of a sports wagering license under this section is 5 years.

(2) On application by the sports wagering licensee and payment of the license renewal fee under paragraph (3) of this subsection, the Commission shall renew for 5 years a sports wagering license if the licensee complies with all statutory and regulatory requirements.

(3) The license renewal fee is equal to 1% of the average annual amount the licensee retained under § 9–1E–12(b)(1)(ii), (iii), or (iv) of this subtitle for the preceding 3–year period.

(d) (1) A sports wagering licensee may not begin accepting wagers on sporting events until the application fee under subsection (b)(1) of this section is paid in full and the applicant reimburses the Commission for expenses related to performing background investigations.

(2) The application fee under subsection (b)(1) of this section is nonrefundable.