Wagering communications — Establishing patron wagering accounts for sports, nonpari-mutuel race, and other event wagering
Arkansas Constitution, Amendment 100, sec. 4
(a)
- (1) A book may only accept a sports wager or nonpari-mutuel race wager made in person, unless the transmission of a wager is initiated by a patron while physically present within the State of Arkansas and made pursuant to the account wagering system provisions of this part.
- (2) Each book must conspicuously display signs to that effect on its premises.
- (3) Consistent with the intent of the United States Congress as articulated in the Unlawful Internet Gambling Enforcement Act of 2006 (31 U.S.C. § 5361 et seq.) the intermediate routing of electronic data relating to a lawful intrastate wager authorized under this provision shall not determine the location or locations in which such wager is initiated, received, or otherwise made.
(b)
- (1) A book may only accept a pari-mutuel horse race wager made in person unless a pari-mutuel horse race account wager is accepted pursuant to the provisions of 23 CAR § 358-2401 et seq.
- (2) Each book must conspicuously display signs to that effect on its premises.
- (c) Each licensee that accepts wagering communications shall establish and implement pursuant to this part a system of internal control for such transactions, and comply with both its system of internal control and the minimum internal control standards contained in this part.
(d) Each book shall:
- (1) Prepare a written description of its rules and procedures for wagering communications; and
- (2) Make a copy available to each patron for whom a wagering account is established.
(e) Before a book accepts a wagering communication on any sporting event wager, on any nonpari-mutuel race wager, or on any other event wager, the following must occur:
- (1) A book must register patrons and create wagering accounts in accordance with 23 CAR § 358-425; and
(2)
- (A) In addition to the requirements of this part, before registering a patron for a wagering account, the book must have the patron affirm that the patron has been informed and acknowledges that patrons are prohibited by law from placing sports wagers, nonpari-mutuel race wagers, and other event wager wagers while physically present outside the State of Arkansas and the licensee/book is prohibited from accepting such wagers, and with regard to pari-mutuel horse race and greyhound race wagers, a race book may only accept off-track pari-mutuel horse race and greyhound race account wagers pursuant to the provisions of 23 CAR § 358-2401 et seq., or, with respect to franchise holders, patrons may place wagers, and franchise holders may accept such wagers, on horse and greyhound races pursuant to Arkansas Code § 23-111-508(e)(1) and Arkansas Code § 23-110- 405(e)(1).
- (B)
- (i) Notwithstanding the requirements of this part, for a business entity patron, the patron must provide an employee of the book with the following information before the book registers and creates a wagering account for the patron:
- (a) (a) The name, residential address, copy of a valid photo identification which evidences that the person is at least twenty-one (21) years of age, and Social Security number or individual taxpayer identification number, of each of the business entity’s equity owners, holders of indebtedness, directors, officers, managers, and partners, anyone entitled to payments based on the profits or revenues, and any designated individuals;
- (b) (b) The business entity’s formation documents and all filings with the Secretary of State;
- (c) (c) Any other documentation or information the Arkansas Racing Commission may require; and
(d) (d) Any other documentation or information the race book or sports pool may require.
(ii) The employee must record such information.
- (iii) Unless a book has otherwise been granted approval by the commission pursuant to this part, the information required pursuant to this subsection shall be provided by the patron to an employee of the book at the premises of the book.
(f) Before a book accepts a wagering communication on any sporting event wager, nonpari-mutuel race wager, or other event wager from another book:
- (1) The authorized employee of the other book must personally appear at the premises of the book to open a wagering account;
(2) The book employee must record:
- (A) The authorized employee of the other book’s name, permanent business address other than a post office box number, and business telephone number;
- (B) The documents used to verify the other book is a book, the authorized employee is an employee of the other book, and is authorized to open this wagering account;
- (C) The amount of the authorized employee of the other book’s initial wagering account or front money deposit;
- (D) The authorized employee of the other book’s account number with the book; and
- (E) The date the authorized employee of the other book’s account with the book is opened;
(3) The authorized employee of the other book must sign, in the presence of a supervising employee of the book, statements attesting that the authorized employee of the other book:
- (A) Confirms the accuracy of the information recorded;
- (B) Has received a copy, or has had a copy made available to them, of the book’s rules and procedures for wagering communications;
- (C) Has been informed and understands that authorized employees of other books that establish a wagering account pursuant to this subsection are prohibited by law from placing wagering communications from outside Arkansas and that the book is prohibited by law from accepting them;
- (D) Has been informed and understands that, with regard to pari-mutuel horse race wagers, a race book may only accept off-track pari-mutuel horse race account wagers pursuant to the provisions of this part; and
- (E) Consents to the monitoring and recording by the commission and the book of any wagering communication; and
- (4) The employee who verifies the authorized employee of the other book’s information and who obtains and records the information on behalf of the book and the supervising employee described in subdivision (f)(3) of this section, must each sign statements that they witnessed the authorized employee’s signature and confirmed the authorized employee of the other book’s identity and residence.
(g)
- (1) In addition to the posting of the wager in the computerized bookmaking system, all wagering communications shall be electronically recorded and retained for a period of sixty (60) days.
- (2) The method of recording the wager must be approved by the commission.
- (3) Such recordings must be made immediately available to any commission agent upon request.
(h)
- (1) All wagering account applications or amendments thereto for active accounts must be retained by the book.
- (2) All wagering account applications or amendments thereto for rejected applications shall be retained by the book for no less than one (1) year following the rejection of the related application.
(3) All wagering account applications or amendments thereto for closed accounts shall be retained by the book for no less than one (1) year following the closure of the related wagering account.
- (i) A book shall not allow the use of a wagering account established pursuant to this section for forms of wagering other than sports wagering, nonpari-mutuel race wagering, or other event wagering unless:
- (1) The establishment and use of the wagering account otherwise meets all of the requirements of this part; and
- (2) Administrative approval has been granted by the commission.