Wyo. Code R. 038-0003-2
Effective Date: 02/22/2023 to Current
Rule Type: Current Rules & Regulations
Reference Number: 038.0003.2.02222023
(a) All vendors and operators shall be approved and compliant with these rules as outlined herein before they may operate skill based amusement games in Wyoming.
(b) An operator may operate skill based amusement games of their choice, so long as such games have been approved by the Commission in conformity with these rules. Nothing in these rules shall be interpreted to interfere with legal competition between vendors distributing approved skill based amusement games.
(c) No person may copy, duplicate, or otherwise create or re-create any decal, license, or permit that suggests or tends to suggest the authority to operate or participate in the operation of skill based amusement games.
(d) All applications for a license, permit, or decal shall be filed with the Commission, who shall have the authority to issue the permit, license, or decal.
(e) The Commission may request additional information not prescribed in the application form. The applicant shall provide all information, documents, materials, and certifications at the applicant's sole expense and cost.
(f) Licenses, permits, or decals issued pursuant to these rules may not be transferred without prior approval by the Commission. The Commission reserves the right to revoke any license, permit, or decal if it finds sufficient evidence that the holder has engaged in conduct that would result in a finding of failing to qualify for a license, permit, or decal if they were a new applicant.
(g) All vendors and operators shall report any known irregularities or wrong doing by any person involving skill based amusement games immediately to the Commission and cooperate in subsequent investigations.
(h) All vendors and operators shall not implement any changes or modifications to the practices, procedures, or representation upon which an approval was based without the prior written approval of the Commission.
(a) The Commission shall charge an annual fee of two thousand five hundred dollars ($2,500.00) for a vendor license, paid on or before July 1 of each year pursuant to W.S. § 11-25-304(a)(ii).
(b) A vendor shall possess a license to conduct business in the state issued by the Commission. No person shall possess and distribute skill based amusement games without holding a valid license issued by the Commission.
(c) A person applying for a vendor license shall do so on a uniform application furnished by the Commission. Upon approval, the vendor shall be issued a license. The application shall require an applicant 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 vendor; and
(iv) Any other additional information or permissions as required by the Commission.
(d) A person who possesses and operates an establishment where skill based amusement games may be played shall possess a permit issued by the Commission. If an operator has more than one (1) establishment, the operator must obtain a permit for each establishment. Such permit shall be prominently displayed near the location of the skill based amusement games. No person shall have skill based amusement games operating for play without holding a valid permit issued by the Commission.
(e) A person applying for an operator permit shall do so on a uniform application furnished by the Commission. Upon approval the operator shall be issued a permit and be required to pay an annual fee of two hundred fifty dollars ($250.00), pursuant to W.S. § 11-25-304(a)(i) and paid on or before July 1 of each year. The application shall require an applicant to provide:
(i) The full name, current address, and contact information of the applicant;
(ii) Disclosure of each person who has control of the application 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 operator;
(iv) Any other additional information or permissions as required by the Commission.
(f) If an operator owns a skill based amusement game outright they will be required to be permitted as an operator and licensed as a vendor. A single application may be completed, but they will receive both an operator permit and a vendor license. They will be responsible for all tasks and duties which would otherwise be required of both an operator and a vendor under these rules.
(g) The following persons are considered to have control of a vendor license and/or operator permit:
(i) Each holding company, parent company, or subsidiary company of the vendor or operator;
(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 vendor or operator and has the ability to:
(A) Control the activities of the corporate vendor or operator; or
(B) Elect a majority of the board of directors of that corporate vendor or operator.
(iii) Each person associated with a noncorporate vendor or operator who directly or indirectly holds a beneficial or proprietary interest in the noncorporate vendor or operator's business operations, or who the Commission otherwise determines has the ability to control the noncorporate vendor or operator; or
(iv) Key personnel of a vendor or operator, including any executive, employee, or agent having the power to exercise ultimate decision-making authority over the operator or vendor's skill based amusement game operations in the state.
(h) The Commission shall, not more than sixty (60) days after the date of receipt of an application for a vendor license, operator permit, or skill based amusement games decal under W.S. § 11-25-304, either:
(i) Issue the permit, license, or decal; or
(ii) Deny the application based on the grounds that the applicant failed to qualify as provided by subsection (i) of this section.
(i) The Commission shall deny an application under this section upon finding any of the following:
(i) The applicant has been convicted of, forfeited bail on, or pleaded guilty within ten (10) years before the date of filing the application to:
(A) A crime involving either theft, dishonesty, or fraud; (B) Bribery or unlawfully influencing a public official; (C) A felony involving physical harm to a person; (D) Blackmail; (E) Intimidation; (F) Computer crimes; (G) A crime involving perjury or falsification; (H) A crime involving gambling; or (I) Any crime substantially similar in nature to those outlined above.
(ii) The applicant tampered with, submitted documentation, 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 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 has intentionally failed to disclose the existence or identity of other persons who have control of the applicant as required by these rules;
(v) The applicant has had a permit or license revoked by any government authority responsible for the regulation of skill based amusement games; or
(vi) The applicant has not met the requirements of this section, any other provision of this chapter, Commission rules, or any applicable state or federal laws.
(j) Vendors and operators under these rules 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 in specific skill based amusement game locations;
(ii) Changes to names and contact information;
(iii) Changes to the state of incorporation or principal place of business;
(iv) Arrests, convictions, guilty pleas, disciplinary actions, or license or permit denials in Wyoming or any other jurisdiction;
(v) Any civil or criminal action brought against the vendor or operator; or
(vi) Any other information specified by rule of the Commission.
(k) If the Commission denies an application or intends to revoke or suspend a permit or license issued under these rules, it shall follow the process as set forth in Chapter 8 of these rules.
(l) An applicant may claim any privilege afforded by the Constitution of the United States or of the State of Wyoming in refusing to answer questions by the Commission. However, a claim of privilege with respect to any testimony or evidence pertaining to an application may constitute sufficient grounds for denial or revocation of a permit or license.
(m) Renewal applications for licenses or permits may be submitted and renewed upon the filing and approval of an application for renewal. Renewal applications for all vendor licenses and operator permits must be received by the Commission sixty (60) days before the expiration of the current permit or license. Renewal applicants who fail to submit their completed applications when due shall not be considered to have made a timely and sufficient application for renewal.
(n) The Commission may require applicants who have applied for, or holders of a vendor license or operator permit to file information relating to contracts or proposed contracts relating to the operation of skill based amusement games in Wyoming on a form prescribed by the Commission.
(a) An application to purchase a decal for an approved skill based amusement game to be placed at an operator establishment must be completed by the vendor, or if an operator is operating independently it will be completed by the operator, on a uniform application furnished by the Commission.
(b) The application form may include, but is not limited to the following:
(v) Serial number for the skill based amusement game software or game board to be placed in the cabinet of the skill based amusement game and the serial number for the cabinet;
(vi) Contact information for the manufacturer of the skill based amusement game;
(vii) Location of the establishment where the skill based amusement game will be placed;
(viii) The number of skill based amusement games already placed at the location; and
(ix) Laboratory testing report number.
(c) Items to be included as attachments with the application may include, but not be limited to:
(i) Proof that the skill based amusement game in its current form has been approved by the Commission. This may include a copy of the approval letter or other sufficient proof as determined by the Commission; and
(ii) A signed affidavit from the vendor of the skill based amusement game attesting to the fact that the game to be placed is identical in all technical respects to a previously approved game, if applicable.
(d) An application that does not provide all information requested by the Commission will be considered incomplete and will be rejected.
(e) The initial fee, and then each year thereafter, is fifty dollars ($50.00) per decal to be paid by the vendor, or if an operator is operating independently, it will be paid by the operator. This must be paid in a manner prescribed by the Commission on or before July 1 of each year. If an application for a decal is denied, payment will be returned or refunded.
(f) Once an application has been approved and a decal issued, the decal is only valid for the skill based amusement game and its software or game board identified by its serial number on the application. If a decal is found to be placed on a skill based amusement game which does not match with the serial number on file, it will be considered in violation of W.S. § 11-25-304(b). No skill based amusement game shall be operational unless it bears a current Commission issued decal.
(g) Once an application has been approved and a decal issued:
(i) A skill based amusement game may only be placed at the location described on the application approved by the Commission; and
(ii) The skill based amusement game may not be moved without prior approval of the Commission. The application to move a skill based amusement game will be made available in a format provided by the Commission.
(h) If an operator owns a skill based amusement game outright, and transfers ownership of the business, and the new owner intends to continue to operate a skill based amusement game in the location, the new owner is required to purchase new decals. The Commission may review the skill based amusement game and all reports prior to issuing a new decal. There is no grace period for a new owner of a business to apply for a decal. The new decals must be applied for, purchased, and placed on the skill based amusement game at the start of the first day of business under the new ownership or turned off until such time as new decals have been issued.
(i) If a vendor transfers ownership of the business or the skill based amusement games individually, the new owner of the business or games is required to purchase new decals. The Commission may review the skill based amusement game and all reports prior to issuing a new decal.
(j) Completed decal applications will be processed in the order in which they are received by the Commission.
(k) For decal application renewals, priority will be given to vendors with skill based amusement games currently placed at an operator location.