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<section article="gsg" article_name="State Government" number="9-1E-06" title_number="9" title_name="Miscellaneous Executive Agencies" subtitle_number="1E" subtitle_name="Sports Wagering">
  <level label="a">
    <level label="1">
      <text>On an award of a license by the Sports Wagering Application Review Commission established under § 9–1E–15 of this subtitle, the Commission shall:</text>
      <level label="i">
        <text>issue a Class A–1 sports wagering facility license to an applicant that meets the requirements for licensure under this subtitle who is:</text>
        <level label="1">
          <text>a video lottery operator with more than 1,000 video lottery terminals; or</text>
        </level>
        <level label="2">
          <level label="A">
            <text>the owner, or the designee of the owner, of a stadium in Prince George’s County that is primarily used for professional football (NFL);</text>
          </level>
        </level>
        <level label="B">
          <text>the owner, or the designee of the owner, of a professional football (NFL) franchise that is a lessee of a stadium in Baltimore City;</text>
        </level>
        <level label="C">
          <text>the owner, or the designee of the owner, of a professional major league baseball franchise that is a lessee of a stadium in Baltimore City;</text>
        </level>
        <level label="D">
          <text>the owner, or the designee of the owner, of a professional hockey league (NHL) franchise, that is a lessee of a stadium in the State;</text>
        </level>
        <level label="E">
          <text>the owner, or the designee of the owner, of a professional basketball association (NBA) franchise, that is a lessee of a stadium in the State; or</text>
        </level>
        <level label="F">
          <text>the owner, or the designee of the owner, of a professional soccer league (MLS) franchise, that is a lessee of a stadium in the State;</text>
        </level>
      </level>
      <level label="ii">
        <text>issue a Class A–2 sports wagering facility license to an applicant that meets the requirements for licensure under this subtitle who is:</text>
        <level label="1">
          <text>a video lottery operator with 1,000 or fewer video lottery terminals; or</text>
        </level>
        <level label="2">
          <text>a horse racing licensee;</text>
        </level>
      </level>
      <level label="iii">
        <text>subject to paragraphs (2) and (3) of this subsection, issue a Class B–1 sports wagering facility license to any applicant who meets the requirements for licensure under this subtitle and who is not eligible for a Class B–2 sports wagering facility license;</text>
      </level>
      <level label="iv">
        <text>subject to paragraphs (2) and (3) of this subsection, issue a Class B–2 sports wagering facility license to any applicant who is a person with less than:</text>
        <level label="1">
          <text>25 full–time equivalent employees; or</text>
        </level>
        <level label="2">
          <text>$3,000,000 in annual gross receipts; and</text>
        </level>
      </level>
      <level label="v">
        <text>issue not more than 60 mobile sports wagering licenses to any applicant who meets the requirements for licensure under this subtitle.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>The Commission shall issue a Class B–1 or Class B–2 sports wagering facility license to an applicant that meets the requirements for licensure under this subtitle who is:</text>
        <level label="1">
          <text>the holder of a license issued by the State Racing Commission under § 11–524 of the Business Regulation Article, including a subsidiary of the license holder;</text>
        </level>
        <level label="2">
          <text>a person who is the owner or lessee of a facility approved for satellite simulcast betting before January 1, 2021, unless the satellite simulcast facility is located at a video lottery facility or a racetrack; and</text>
        </level>
        <level label="3">
          <text>a person who holds a commercial bingo license, if the facility at which the person operates commercial bingo was permitted to operate at least 200 electronic bingo machines or electronic tip jar machines on January 1, 2021.</text>
        </level>
      </level>
      <level label="ii">
        <text>In addition to the Class B–1 and B–2 sports wagering facility licenses issued in accordance with subparagraph (i) of this paragraph, the Commission may issue not more than 30 Class B–1 and Class B–2 sports wagering facility licenses under paragraph (1) of this subsection.</text>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>The Sports Wagering Application Review Commission established under § 9–1E–15 of this subtitle may not award a Class B–1 or B–2 sports wagering facility license to an applicant:</text>
        <level label="1">
          <text>who is eligible to apply for a Class A–1 or A–2 sports wagering facility license under paragraph (1) of this subsection;</text>
        </level>
        <level label="2">
          <text>who holds a Class A–1 or A–2 sports wagering facility license; or</text>
        </level>
        <level label="3">
          <text>whose sports wagering facility will be located:</text>
        </level>
        <level label="A">
          <text>except as provided under subparagraph (ii) of this paragraph, within a 15–mile radius of a Class A–1 or A–2 sports wagering facility located in Allegany County, Cecil County, or Worcester County;</text>
        </level>
        <level label="B">
          <text>with respect to an application for a sports wagering facility license submitted before June 1, 2025, within a 15–mile radius of a Class B–1 or B–2 sports wagering facility licensed to a person described under paragraph (2)(i) of this subsection and located in Charles County;</text>
        </level>
        <level label="C">
          <text>with respect to an application for a sports wagering facility license submitted before June 1, 2025, within a 10–mile radius of a Class B–1 or B–2 sports wagering facility licensed to a person described under paragraph (2)(i) of this subsection and located in Carroll County;</text>
        </level>
        <level label="D">
          <text>with respect to an application for a sports wagering facility license submitted before June 1, 2025, within a 5–mile radius of a Class B–1 or B–2 sports wagering facility licensed to a person described under paragraph (2)(i) of this subsection and located in Frederick County; or</text>
        </level>
        <level label="E">
          <text>within a 1.5–mile radius of a Class A–1 or A–2 sports wagering facility located in a county not described under item A, B, C, or D of this item or any other Class B–1 or B–2 sports wagering facility.</text>
        </level>
      </level>
      <level label="ii">
        <level label="1">
          <text>The prohibition under subparagraph (i)3A of this paragraph does not apply in Allegany County prior to the issuance of a Class A–1 or A–2 sports wagering facility license in Allegany County.</text>
        </level>
        <level label="2">
          <text>A Class B–1 or B–2 sports wagering facility license issued within a 15–mile radius of a Class A–1 or A–2 sports wagering facility in Allegany County may be renewed if the license was initially issued prior to the issuance of the Class A–1 or A–2 license.</text>
        </level>
      </level>
    </level>
    <level label="4">
      <text>A for–profit entity, nonprofit organization, or public–private partnership operating at the racing location described under Title 11, Subtitle 7 of the Business Regulation Article located on lands owned by the Department of Natural Resources may apply for a Class B–1 or B–2 sports wagering facility license.</text>
    </level>
    <level label="5">
      <text>If an applicant designates an entity to hold the license under paragraph (1)(i)2 of this subsection, the designee shall be considered the applicant and subject to the requirements of the application process.</text>
    </level>
    <level label="6">
      <text>In addition to any other person, an applicant for or holder of a Class A–1, A–2, B–1, or B–2 sports wagering facility license may apply for a mobile sports wagering license under this subsection.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>Except as provided in paragraph (2) of this subsection, an applicant for a sports wagering license shall pay to the Commission an application fee of:</text>
      <level label="i">
        <text>$2,000,000 for a Class A–1 sports wagering facility license;</text>
      </level>
      <level label="ii">
        <text>$1,000,000 for a Class A–2 sports wagering facility license;</text>
      </level>
      <level label="iii">
        <text>$250,000 for a Class B–1 sports wagering facility license;</text>
      </level>
      <level label="iv">
        <text>$50,000 for a Class B–2 sports wagering facility license; and</text>
      </level>
      <level label="v">
        <text>$500,000 for a mobile sports wagering license.</text>
      </level>
    </level>
    <level label="2">
      <text>The requirement to pay an application fee to the Commission under paragraph (1) of this subsection does not apply to an applicant for a Class A–2 sports wagering facility license that is a horse racing licensee described under § 11–510(b)(3) of the Business Regulation Article.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>The term of a sports wagering license under this section is 5 years.</text>
    </level>
    <level label="2">
      <text>On application by the sports wagering licensee and payment of the license renewal fee under paragraph (3) of this subsection, the Commission shall renew for 5 years a sports wagering license if the licensee complies with all statutory and regulatory requirements.</text>
    </level>
    <level label="3">
      <text>The license renewal fee is equal to 1% of the average annual amount the licensee retained under § 9–1E–12(b)(1)(ii), (iii), or (iv) of this subtitle for the preceding 3–year period.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>A sports wagering licensee may not begin accepting wagers on sporting events until the application fee under subsection (b)(1) of this section is paid in full and the applicant reimburses the Commission for expenses related to performing background investigations.</text>
    </level>
    <level label="2">
      <text>The application fee under subsection (b)(1) of this section is nonrefundable.</text>
    </level>
  </level>
</section>
