Without conducting a hearing, SWARC shall determine that a SWARC application is ineligible for an award of a license if:

1. A. The completed SWARC application was not timely submitted to SWARC;
2. B. The nonrefundable SWARC application fee was not timely submitted to the Commission;
3. C. The applicant’s required Commission application or administrative costs for background investigation was not timely submitted to the Commission; or

4. D. The SWARC application seeks the award of a facility license to an applicant:

   1. (1) Who is eligible to apply for a Class A-1 or A-2 sports wagering facility license under State Government Article, §9-1E-06(a)(1), Annotated Code of Maryland;
   2. (2) Who holds a Class A-1 or A-2 sports wagering facility license; or

   3. (3) Whose sports wagering facility will be located:

      1. (a) Within a 15-mile radius of a Class A-1 or A-2 sports wagering facility located in Cecil County or Worcester County;
      2. (b) For an application submitted before June 1, 2025, within a 15-mile radius of a Class B-1 or B-2 sports wagering facility located in Charles County;
      3. (c) For an application submitted before June 1, 2025, within a 10-mile radius of a Class B-1 or B-2 sports wagering facility located in Carroll County;
      4. (d) For an application submitted before June 1, 2025, within a 5-mile radius of a Class B-1 or B-2 sports wagering facility located in Frederick County; or

      5. (e) Within a 1.5-mile radius of:

         1. (i) A Class A-1 or A-2 sports wagering facility located in a county not described under §D(3)(a) of this regulation; or
         2. (ii) Any other existing or operating Class B-1 or B-2 sports wagering facility.

Authority: State Government Article, Title 9, Subtitles 1A and 1E, Annotated Code of Maryland

Effective date:

Regulations .01—.19 adopted as an emergency provision effective September 2, 2022 (49:20 Md. R. 912); adopted permanently effective November 14, 2022 (49:23 Md. R. 998)

Regulation .20 adopted as an emergency provision effective December 12, 2023 (50:26 Md. R 1130); adopted permanently effective May 27, 2024 (51:10 Md. R. 529)