§ 9-24-103 — Permits; licenses; fees; application

Wyoming § 9-24-103

• Jurisdiction: Wyoming
• Title 09: Administration of the Government
• Ch. 24: GAMING COMMISSION REGULATED ACTIVITIES
• Art. 1: ONLINE SPORTS WAGERING

Text

(a) A sports wagering operator shall possess a permit
issued by the commission to accept online sports wagers. No
person shall accept online sports wagers without holding a valid
permit issued by the commission.
(b) A qualified gaming entity applying for a sports
wagering operator permit shall do so on a uniform application
furnished by the commission. The fee for both an initial
application and renewal application shall be two thousand five
hundred dollars ($2,500.00). The application shall require an
applicant, at a minimum, to provide:
(i) The full name, current address and contact
information of the applicant;
(ii) Disclosure of each person who has control of the
applicant as described in subsection (g) of this section;
(iii) The applicant's fingerprints and the
fingerprints of individuals identified in subsection (g) of this
section considered to have control of an applicant or permit
holder;
(iv) Allowance for the commission to obtain
fingerprints and to conduct a national criminal history record
check of the applicant, each individual disclosed under
subsection (g) of this section and each person required to be
licensed under subsections (p) and (q) of this section in
accordance with procedures established by the commission. This
subsection shall not require an applicant or individual who has
submitted to a criminal background check in this or any other
state within the twelve (12) months before submitting the
application to resubmit to another criminal background check
provided that the applicant or individual submits the results of
the previous criminal background check and affirms that there
has been no material change in the criminal history since the
time of the criminal background check. The cost of the criminal
history record background check shall be paid using a portion of
the applicant's application fee;
(v) Other information and permissions as requested by
the commission;
(vi) For the applicant and each person disclosed
under subsection (g) of this section, a record of previous
issuances and denials of any gambling related license or
application under Wyoming statutes or in any other jurisdiction
in the United States;
(vii) Any additional information required by
commission rules.
(c) The commission shall charge a permit fee of one
hundred thousand dollars ($100,000.00) for an initial sports
wagering operator permit. An initial permit and any renewal
permit shall each be valid for five (5) years. The commission
shall charge a fee of fifty thousand dollars ($50,000.00) for a
sports wagering operator permit renewal.
(d) A sports wagering vendor shall possess a permit issued
by the commission to conduct business in the state. No person
shall provide vendor services to a sports wagering operator
without holding a valid permit issued by the commission.
(e) The commission shall charge a fee of ten thousand
dollars ($10,000.00) for an initial sports wagering vendor
permit. An initial permit and any renewal permit shall each be
valid for five (5) years. The commission shall charge a fee of
five thousand dollars ($5,000.00) for a sports wagering vendor
permit renewal.
(f) Sports wagering operator fees, sports wagering vendor
permit fees and license fees charged pursuant to subsections
(c), (e), (p) and (q) of this section shall be deposited in the
sports wagering account, which is hereby created. Subject to
legislative appropriation, amounts within the account may be
used by the commission for all expenses incurred in
administering this chapter. On a quarterly basis, the commission
shall transfer amounts within the account in excess of five
hundred thousand dollars ($500,000.00) to the state treasurer
for credit to the general fund.
(g) The following persons are considered to have control
of a sports wagering operator permit applicant or permit holder:
(i) Each holding company, parent company or
subsidiary company of the applicant or permit holder;
(ii) Each person, except for a bank or other licensed
lending institution that holds a mortgage or other lien acquired
in the ordinary course of business, who owns fifteen percent
(15%) or more of a corporate applicant or permit holder and has
the ability to:
(A) Control the activities of the corporate
applicant or permit holder; or
(B) Elect a majority of the board of directors
of that corporate applicant or permit holder.
(iii) Each person associated with a noncorporate
applicant or permit holder who directly or indirectly holds a
beneficial or proprietary interest in the noncorporate
applicant's or permit holder's business operations or who the
commission otherwise determines has the ability to control the
noncorporate applicant or permit holder;
(iv) Key personnel of an applicant or permit holder,
including any executive, employee or agent having the power to
exercise ultimate decision making authority over the applicant's
or permit holder's sports wagering operations in this state.
(h) The commission shall, not more than ninety (90) days
after the date of receipt of an application for a permit or
license or application for renewal of a permit or license under
this section, either:
(i) Issue the permit or license; or
(ii) Deny the application based on the grounds that
the applicant failed to qualify as provided by subsection (j) of
this section.
(j) The commission shall deny an application under this
article upon finding any of the following:
(i) The applicant or permit holder has been convicted
of, forfeited bail on or pleaded guilty to:
(A) A crime involving theft, dishonesty or
fraud;
(B) Bribery or unlawfully influencing a public
official;
(C) A felony crime involving physical harm to a
person; or
(D) Any other crime identified by rule of the
commission that negatively impacts the applicant's credibility
or the security, integrity or fairness of online sports
wagering.
(ii) The applicant tampered with submitted
documentation or concealed, failed to disclose or otherwise
attempted to mislead the commission with respect to any material
fact contained in the application or contained in any other
information required of or submitted by an applicant to the
commission;
(iii) The applicant, license holder or permit holder
failed or refused to cooperate in the investigation of a crime
related to gambling, corruption of a public official or any
organized criminal activity;
(iv) The applicant, license holder or permit holder
has intentionally not disclosed the existence or identity of
other persons who have control of the applicant or permit holder
as required by this section;
(v) The applicant, license holder or permit holder
has had a permit or license revoked by any government authority
responsible for the regulation of sports wagering;
(vi) The applicant, license holder or permit holder
has not demonstrated financial responsibility sufficient to
adequately meet the requirements of this chapter, as specified
by rule of the commission; or
(vii) The applicant, license holder or permit holder
has not met the requirements of this section, any other
provision of this chapter, commission rules or any applicable
federal laws.
(k) Given a sufficient number of applicants, at any one
(1) time the commission shall issue not less than five (5)
sports wagering operator permits to applicants that satisfy the
requirements under this chapter. If an insufficient number of
applicants apply for a sports wagering operator permit, this
provision shall not be interpreted to direct the commission to
issue a permit to an unqualified applicant.
(m) The commission shall issue a permit to a sports
wagering vendor that is currently operating in good standing in
a similar role in at least three (3) jurisdictions in the United
States under a state regulatory structure and that has paid all
required fees under subsection (e) of this section.
(n) Permit holders and license holders under this article
shall have an ongoing obligation to disclose in writing any
material change in the information provided in the application
to the commission, including:
(i) Changes to names and contact information;
(ii) Arrests, convictions, guilty pleas, disciplinary
actions or license denials in Wyoming or any other jurisdiction;
(iii) Any civil action brought against the permit
holder or license holder; and
(iv) Any other information specified by rule of the
commission.
(o) If the commission denies an application or intends to
revoke or suspend a permit or license issued under this article,
it shall notify the applicant, licensee or permittee in writing,
stating the grounds for denial, revocation or suspension and
informing the person of a right to submit, within not more than
thirty (30) days, any additional documentation relating to the
grounds for denial, revocation or suspension. Upon receiving any
additional documentation, the commission shall reconsider its
decision and inform the applicant of its decision within not
more than twenty (20) days of the submission of information for
reconsideration. A denial of an application or a revocation or
suspension of a permit or license under this article shall be
subject to the contested case procedures of the Wyoming
Administrative Procedure Act.
(p) Key personnel of an applicant, license holder or
permit holder who may exercise ultimate decision making
authority over the applicant's, permit holder's or license
holder's online sports wagering operations in this state shall
be licensed by the commission. The commission shall charge a fee
of two hundred fifty dollars ($250.00) for an initial license
and renewal application under this subsection. An initial
license and any renewal license issued under this subsection
shall each be valid for five (5) years.
(q) Any employee of an applicant, license holder or permit
holder who is not subject to licensure under subsection (p) of
this section and who is authorized to change and is capable of
changing play or outcome of wagers through the deployment of
code to production for any critical component of the
applicant's, permit holder's or license holder's mobile
application or digital platform in this state shall be licensed
by the commission. The commission shall charge a fee of two
hundred fifty dollars ($250.00) for an initial license and
renewal application under this subsection. An initial license
and any renewal license issued under this subsection shall each
be valid for five (5) years.