A system of Internal Controls submitted by a Sports Wagering Operator in accordance with 205 CMR 238.02 shall include commercially reasonable methods to prevent a prohibited person from placing a Sports Wager.
(1) For the purposes of 205 CMR 238.33, a prohibited person refers to:
- (a) Any individual prohibited from Sports Wagering pursuant to 205 CMR 152.00: Individuals Excluded from a Gaming Establishment;
- (b) Any individual prohibited from Sports Wagering pursuant to 205 CMR 250.00: Protection of Minors and Underage Youth from Sports Wagering;
- (c) Any individual who is self-excluded from Sports Wagering pursuant to 205 CMR 233.00: Sports Wagering Voluntary Self-exclusion;
- (d) Any individual who is prohibited from or subject to limitations regarding Sports Wagering pursuant to 205 CMR 254.00: Temporary Prohibition from Sports Wagering, and regulations pertaining to play management and limit setting;
- (e) Any individual Wagering while not in the authorized geographic boundaries within the Commonwealth;
- (f) Any individual placing Sports Wagers as agents or proxies for others;
- (g) Any restricted patron Wagering in violation of their restrictions established in 205 CMR 238.32;
- (h) Any individual Wagering in violation of state, local or federal law; or
- (i) Other prohibited Persons as determined by the Commission.
- (2) If a Sports Wagering Operator detects, or is notified of, an individual suspected of being a prohibited Person who has engaged or is engaging in prohibited Sports Wagering, the Sports Wagering Operator, shall use reasonable measures to verify whether the individual is prohibited or not.
- (3) If the Sports Wagering Operator establishes, by reasonable measures, that the individual is prohibited, the Sports Wagering Operator shall cancel the individual's Sports Wager and confiscate any resulting funds.
- (4) If the Sports Wagering Operator is unable to establish, by reasonable measures, that the individual is prohibited, then the individual is presumed to not be a prohibited Person for the purposes of 205 CMR 238.33.