Wyo. Code R. 038-0003-4
Effective Date: 02/22/2023 to Current
Rule Type: Current Rules & Regulations
Reference Number: 038.0003.4.02222023
(a) No skill based amusement game may be used for play at an establishment that has not been approved by the Commission.
(b) An application to have a skill based amusement game evaluated by the Commission must be completed by the vendor, or if the operator is functioning independently it will be completed by the operator, on a uniform application furnished by the Commission:
(i) A manufacturer may also submit a skill based amusement game for approval, but this will not relieve the vendor or operator from its responsibility of also applying for approval of a skill based amusement game; or
(ii) A manufacturer may act as a vendor as defined by these regulations provided they are licensed to do so.
(c) In addition to the information on the application, a prototype skill based amusement game containing the game or games to be approved must be delivered to the Commission or other location the Commission designates, at the expense of the party seeking the approval. The details of this delivery will be arranged between the Commission and the applicant after the Commission has received the independent gaming laboratory report. The skill based amusement game must be delivered with its settings matching the description in the independent gaming laboratory report, and all settings must be accessible to the Commission. Return shipping must also be arranged and paid for by the party requesting approval and the Commission will not share in the cost. The Commission is not responsible for any damages to any skill based amusement game during shipment or delivery.
(d) A party seeking to have a specific skill based amusement game approved needs only to have one (1) prototype skill based amusement game approved. Once one (1) prototype has been approved, the applicant needs only pay for the number of decals sought for that type of game, that are all identical with the respect to systems, technical specifications, game, and functionality, regardless of where the party intends to place each game. A manufacturer may also supply the prototype, even if not seeking approval under Section 1(c) of this chapter.
(e) An application which does not provide all information requested by the Commission will be considered incomplete and may be rejected.
(f) The Commission will issue a determination within sixty (60) days after the date the completed application and skill based amusement game are received. If the application has been denied, the Commission will state the reasons for the denial in writing and the applicant may appeal in accordance with Chapter 8 of these rules.
(g) Skill based amusement game approvals are specific to the party seeking to have the game approved.
(h) Upon request of the Commission, the vendor applicant must be able to articulate to the Commission the skill or skills involved with each skill based amusement game.
(i) Once a skill based amusement game has been approved, it is approved in that form until the party seeks to modify the game or it is otherwise rendered unapproved by the Commission. This means a skill based amusement game approval will carry over year to year unless it is modified. Modifications for purposes of these rules do not include replacements or updates to cabinetry, screen, or power cords.
(a) When the Commission is making a determination regarding whether a specific game meets the definition of a skill based amusement game, it will consider the following requirements, as well as the physical operation of the game by a player of reasonable skill. Skill based amusement games are only played on a fixed, commercial electrical gaming device.
(b) A game is not considered a skill based amusement game if one or more of the following apply:
(i) The game does not allow a player to exercise skill or strategy over the game;
(ii) The ability of any player to succeed at the game is impacted by:
(A) The number or ratio of prior wins to prior losses of players playing the game, more commonly referred to as utilizing a compensating algorithm;
(B) The ability of any person to set a specified win-loss ratio for the game or by the game having a predetermined win-loss percentage;
(C) Game features not visible or known to a reasonable player; or
(D) The exercise of a skill that no reasonable player could exercise.
(iii) Any award is not based solely on the player achieving the object of the game or the player's score;
(iv) The ability of any player to succeed at the game requires the exercise of skill that no reasonable player could possess or improve upon;
(v) The primary determination of the award amount is the presentation or generation of a particular puzzle or group of symbols dealt to the player and the player does not have control over the puzzle or group of symbols presented; or
(vi) The player is able to choose a game mode where the outcome is solely determined by chance.
(c) When reviewing a game, the following factors are not, by themselves, sufficient indications that the game is a skill based amusement game:
(i) Whether a comprehensive list of prizes or outcomes is offered to the player or whether all outcomes are drawn from a finite pool of predetermined outcomes or starting positions;
(ii) Whether a player can increase his or her chance of winning based on knowledge of probabilities in general or the probabilities of any particular prize or outcome in a game or on a skill based amusement game;
(iii) Whether a player can simply choose not to play before committing money or credits; or
(iv) A game task consisting solely of moving a symbol up or down, replacing one (1) symbol with another, or any similar action, with or without a timer.
(a) No skill based amusement game may be placed in operation without having a valid decal affixed where it is visible at all times so the Commission representatives need not move a game to see the decal. If a skill based amusement game has more than one (1) player station, each station must have a valid decal.
(b) Each decal shall identify the vendor and include the bucking horse and rider emblem. This decal must display the year-long period for which it is valid, and be distinct from any other decals provided by the Commission through other programs.
(c) No person shall copy, duplicate, or otherwise create or re-create any decal that suggests or tends to suggest the authority to conduct or participate in conducting skill based amusement games.
(d) Vendors and operators are responsible for reporting any occasion they discover where a decal has been defaced, removed, stolen, or otherwise tampered with to the Commission within twenty-four (24) hours after discovery. Vendors and operators may be subject to penalty if the Commission is not notified and the Commission discovers a missing, defaced, or otherwise tampered with decal. If the Commission determines the decal requires replacement, the vendor may be required to purchase a new decal at full cost if the Commission determines that the decal was intentionally removed or defaced by the vendor, operator, or agent of either. Generally speaking, a defaced decal is one where the Commission logo or decal number have been rendered unreadable.
Section 4. Establishment Location Restrictions – Indian Lands. The Commission lacks the authority to regulate or authorize skill based amusement games on Indian lands.
(a) All vendors and operators shall be responsible for the proper placement, installation, maintenance, and oversight of skill based amusement games within an establishment as prescribed by the statutes and these rules.
(b) A vendor or operator may operate no more than four (4) skill based amusement games in one (1) establishment.
(c) In situations where a single building holds multiple establishments, each separate establishment will be entitled to its allotment of skill based amusement games. Skill based amusement games for the establishment may only be placed within their separate retail space. In order to qualify as a separate establishment operating in the same building, the following factors will be considered: physical walls separating the businesses, dedicated entrances and exits to the outside, whether a separate sales tax permit has been obtained, separate points of sale, separate points of ticket redemption, diversity of merchandise, whether the business issues receipts for sales, the number of dedicated employees on duty, level of business activity being conducted in the space, the space for the business within the building is contiguous, and whether there are distinct owners or officers of the businesses within the shared building.
(d) Skill based amusement games are not permitted in mobile establishments, or any establishment that can be made mobile in short order, or pop-up retail establishments.
(e) No skill based amusement games shall be placed in an outdoor public or private space.
(f) Each establishment shall provide skill based amusement games in a location that is accessible to handicapped players.
(a) Pursuant to W.S. § 11-25-303(d) an operator shall not locate a skill based amusement game in an area of the establishment into which a person under the age of twenty-one (21) years may enter. An operator shall conspicuously mark each area as an age restricted area. The operator shall not allow a person under the age of twenty-one (21) years to play a skill based amusement game.
(b) If the designated area is not statutorily age restricted, the following requirements shall apply:
(i) The designated area shall be cordoned off at a minimum with a one-half wall, or other similar structure, that has received Commission approval and prevents access of any person under the age of twenty-one (21). Establishments shall have sixty (60) days from the effective date of these rules to comply;
(ii) Upon reaching sixty (60) days after the effective date of these rules, and non-compliance is noted, the Commission shall immediately notify the operator and vendor of the non-compliance and the games shall be removed; and
(iii) For good cause shown by the vendor or operator, an exception may be sought requesting to extend the sixty (60) days. No exceptions shall be authorized beyond one hundred twenty (120) days.
(c) It is the responsibility of the operator of the establishment to monitor and restrict entry of anyone into the designated area and police entry of underage players. Failure to monitor the restricted area and failure to restrict entry of anyone under twenty-one (21) may result in a fine or suspension of the operator permit.
(d) The owner, manager, or employee of the establishment shall be present during all hours of operation, and the skill based amusement games or the entrance to the designated area must be within the view of at least one owner, manager or employee.
(e) Operators shall take reasonable measures to prevent an underage person from playing a skill based amusement game.
(a) Operators must include in its establishment Commission approved player protection information that shall be readily accessible to each player.
(b) Operators must provide notification that underage play is a criminal offense and that anyone who facilitates an individual under the age of twenty-one (21) to play a skill based amusement game has committed a criminal offense.
(c) Each player shall have the right to file a written complaint against a vendor or operator. A complaint form shall be provided by the Commission and made available at each establishment.
(a) The Commission's employee or agent has the authority to enter any establishment where skill based amusement games are present during normal business hours or if it appears customers are still present.
(b) The Commission may do all of the following:
(i) Inspect and examine all skill based amusement game locations approved by the Commission, any establishment that conducts or participates in conducting skill based amusement gaming and is not approved by the Commission, and any facility in which skill based amusement game supplies, devices, or equipment are manufactured, sold, distributed, tested, or otherwise held or maintained. Inspections may be conducted during reasonable business hours or at any other time if it reasonably appears that all or part of the location or facility is in operation;
(ii) Inspect and examine all skill based amusement game supplies, devices, and equipment in or about a skill based amusement game establishment, whether or not the establishment is registered with or approved by the Commission;
(iii) Investigate all persons that conduct or participate in conducting skill based amusement gaming, including those that have ceased gaming; and
(iv) Request, in writing, that any applicant under this chapter produce audits, reports, tax returns, and financial records as it relates to skill based amusement game activity.
(c) An establishment shall, upon identification of a Commission employee or agent, immediately admit such Commission employee or agent to the establishment or other premise where skill based amusement gaming is conducted or skill based amusement games are stored, repaired, or housed. An establishment shall cooperate at all times with the direction of the Commission employee or agent and shall not interfere or hinder an inspection, audit, or investigation or allow others to interfere or hinder an inspection, audit, or investigation.
(a) Vendors must have the ability to restrict which users have access to certain functions on the skill based amusement games:
(i) Only vendors and their maintenance staff, or the owner-operator if the skill based amusement game is owned outright, may have access to modify any of the skill based amusement game or software settings; and
(ii) Non-administrative employees of the vendor, an operator, or an operator's employee or agent may only have access to opening the skill based amusement game, performing basic maintenance tasks (such as refilling paper), and collecting money.
(b) Remote access to the skill based amusement game may be permitted for limited functions. Anyone proposing to access their skill based amusement games remotely must demonstrate to the Commission through the laboratory report, or otherwise, that security measures are in place to prevent unauthorized access and to document all remote access attempts and security incidents.
(i) Remote access will be granted for only the following activities:
(A) Monitoring the skill based amusement game and software;
(B) Troubleshooting issues;
(C) Scheduling functions such as hours of operations;
(D) Performing view-only functions such as generating reports and downloading game and software information; and
(E) Other activities approved by the Commission.
(ii) No updates to the software which affect gameplay may be initiated remotely without prior approval from the Commission.
(a) In addition to all other requirements under this chapter, each vendor has an ongoing duty to:
(i) Ensure skill based amusement game data is backed up daily; and
(ii) Safeguard keys to the locked cabinet of a skill based amusement game. A vendor shall not provide skill based amusement game cabinet keys to an operator or an operator's employees or agents, unless the vendor owns, manages, or operates the establishment.
(a) If there is a malfunction or defect of the skill based amusement game:
(i) The vendor shall make a full refund of the player's balance on the game at the time of the malfunction or defect;
(ii) The vendor must be notified no later than twenty-four (24) hours after the initial detection of the issue by the operator; and
(iii) The Commission must be notified no later than forty-eight (48) hours after the initial detection of the issue by the vendor.
(b) Malfunction or defect refers to anything that impedes the player's ability to play the game or receive an award from a skill based amusement game, aside from structural power failure, or other extreme acts of nature or circumstances. Malfunction or defect also refers to a skill based amusement game's ability to store, generate, or produce required reports or information.
(a) A vendor must submit a plan to maintain a reserve in the amount necessary to cover the outstanding skill based amusement game liability required under W. S. § 11-25-304(d). All plans require Commission approval.
(b) Reserve calculations shall be based as follows:
(i) A vendor shall initially maintain a minimum amount of five thousand dollars ($5,000.00) in reserve to cover the liability as determined under W.S. § 11-25-304(d);
(A) As soon as reasonably possible after the initial opening date, a two (2) week average shall be determined.
(B) A reserve shall be determined and maintained based on the two (2) week average.
(ii) A vendor has an ongoing duty to maintain as reasonably as possible a reserve in the amount that reflects an average two week period of the vendors tax implications pursuant to W.S. § 11-25-304(d);
(iii) Reserves shall be maintained in a segregated and separate account. All reserve accounts whether the initial amount or the ongoing average shall be verified via a bank statement; and
(iv) Reserves shall be reviewed and adjusted bi-annually by the Commission.
(c) The reserve must be in the form of:
(i) Cash or cash equivalents maintained in a segregated account from the vendor’s operational funds;
(ii) An irrevocable letter of credit from a bank located either in the State of Wyoming or at a minimum chartered in the State of Wyoming;
(iii) A bond;
(iv) Payment processor reserves and receivables;
(v) Any other form acceptable to the Commission; or
(vi) Any combination of the allowable forms described in paragraphs (i) to (v).
(d) The Commission may audit a vendor’s reserve at any time and may direct a vendor to take any action necessary to ensure the purposes of this rule are achieved, including but not limited to requiring the vendor to modify the form of its reserve or increase the amount of its reserve.