§ 18C-910 — Duties of licensees

(a) The interactive sports wagering operator and its service providers shall make commercially reasonable efforts to do all of the following:
(1) Prevent persons who are not registered players from placing sports wagers through its sports wagering platform.
(2) Prevent persons who are not physically located in the State from placing a wager through its sports wagering platform.
(3) Protect the confidential information of registered players using its sports wagering platform.
(4) Prevent sports wagering on prohibited events set forth in this Article or as otherwise determined by the Commission.
(5) Prevent persons from placing sports wagers as agents or proxies for others.
(6) Allow persons to voluntarily exclude themselves under G.S. 18C-922 from placing sports wagers through its sports wagering platform as set forth in this Article.
(7) Establish procedures to detect suspicious or illegal sports wagering activity.
(8) Provide for the reporting of income tax on winnings where required by applicable State or federal law.
(9) Prevent a participant in a sporting event, including an athlete, coach, trainer, official, or any employee or staff of a participant from placing a sports wager on that sporting event in which the participant is participating.
(10) Verify the location of the sports wagerer at the time the sports wager is initiated and received for compliance with G.S. 18C-902(c).
(11) Notify the Commission of any breach, discontinuance, or other cessation of the written designation agreement required under G.S. 18C-905.
(12) Notify the Commission of any modifications, changes, or alterations to the written designation agreement required under G.S. 18C-905.
(13) Notify the Commission of any contract entered into under G.S. 18C-926(f)(2).
(b) For three years after a sporting event occurs, interactive sports wagering operators shall maintain records on all of the following:
(1) Each sports wager, including the identity of the registered player placing the sports wager.
(2) The amount, type, time, location, and outcome of the sports wager, including the IP address, if available.
(3) Suspicious or illegal sports wagering activity.
(c) The interactive sports wagering operator shall disclose the records described in subsection (b) of this section to the Commission upon request.
(d) If a sports governing body has notified the Commission that real-time information sharing for sports wagers placed on its sporting events is necessary, interactive sports wagering operators shall share with that sports governing body or its designee in real time, at the account level, anonymized information regarding a registered player, amount and type of sports wager, the time the sports wager was placed, the location of the registered player at the time the sports wager was placed, the IP address if applicable, the outcome of the sports wager, and records of abnormal sports wagering activity. For purposes of this subsection, real time means on a commercially reasonable periodic interval, but in any event, not less than once every 72 hours. A sports governing body receiving any information pursuant to this subsection shall use the information for the purpose of integrity monitoring only and not for any commercial purpose.
(e) The interactive sports wagering operator and their agents shall ensure that all advertisements and marketing of sports wagers, the sports wagering platform, and other sports wager related commercial offerings meet all of the following requirements:
(1) It does not target persons under the age of 21.
(2) It discloses the identity of the interactive sports wagering operator.
(3) It provides information about or links to resources related to gambling addiction and prevention.
(4) It is not misleading to a reasonable person.
(5) It satisfies the rules and requirements promulgated by the Commission.
(f) Background investigations shall search for criminal history and any charges or convictions involving corruption or manipulation of sporting events and association with organized crime.
(g) Interactive sports wagering operators and service providers shall employ commercially reasonable methods to maintain the security of wagering data, registered player and other customer data, and any other confidential information, including information provided by a sports governing body, from unauthorized access and dissemination. All servers necessary to the placement or resolution of a sports wager, other than back-up servers, shall be physically located in this State. Consistent with federal law, nothing in this section shall preclude the use of internet or cloud-based hosting, or the use of back-up servers located outside of this State.
(h) Each interactive sports wagering operator shall provide a daily summary of all sports wagering activity, detailing all transactions processed through each wagering system, provided in a format established by the Commission, at the close of each business day.
(i) An interactive sports wagering operator may not, as a condition of use of its sports wagering platform, require a registered player to waive any right, forum, or procedure otherwise available to the registered player under State or federal law. All agreements between an interactive sports wagering operator and a registered player shall be governed by State law. The State and federal courts located in North Carolina shall serve as the exclusive venue for all such disputes. (2023-42, s. 1; 2023-134, s. 11.18(i).)