In addition to the terms defined in State Government Article, §§9-1A-01 and 9-1E-01, Annotated Code of Maryland, and COMAR 36.01, 36.03, and 36.04, which have the same meanings in this subtitle, the following terms have the meanings indicated. Terms Defined. “ACH” means the Automated Clearing House, which is a network that connects all banking and financial institutions within the United States. “Affiliate: means a person that directly, or indirectly through one or more intermediaries, owns, controls, is controlled by, or is under common ownership or control with another person. “Age and identity verification” means a method, system, or device used by a sports wagering licensee to verify the bettors age and the bettors identity. “AML” means Anti-Money Laundering. “Applicant” means a person who, as required under State Government Article, Title 9, Subtitle 1E, submits to the Commission an application for a license or for qualification or renewal of a license. “Application” means the forms, information, documentation, and assurances submitted by an applicant or licensee to obtain a license or for qualification or renewal of a license. “Associated equipment” means any equipment or mechanical, electromechanical or electronic contrivance, component or machine used in connection with sports wagering, including computerized systems for controlling and monitoring mobile sports wagering. “Award” means the act of the SWARC approving the application of an applicant that meets the requirements for licensure under State Government Article Title 9, Subtitle 1E, Annotated Code of Maryland, for a sports wagering license, which authorizes the Commission to issue the sports wagering license that is necessary for the applicant to commence sports wagering operations. “Awardee” means a qualified applicant to which SWARC has awarded a license. “Beneficial owner” means a person that holds at least a 5 percent interest in an applicant for, or holder of, a license awarded or issued under this subtitle, that is evidenced by: Record ownership; Stock or other ownership in an entity in a chain of parent and subsidiary, or affiliate entities, any one of which participates in the capital or profits of a sports wagering applicant or licensee; An interest that entitles a person to benefit substantially and is equivalent to ownership by an agreement, relationship, or other arrangement; or Compensation of a person, in any financial, legal, or beneficial form, if the compensation is based on revenue generated by a sports wagering licensee, including a percentage share on, or any compensation that is tied to, the performance of a sports wagering licensee’s sports wagering operations. “Bettor” means a person who places a sports wager. “Books and records” means documents pertaining to, prepared by, or generated by a sports wagering licensee, regardless of the medium through which the record is generated or maintained, including all general ledger records, subsidiary records and ledgers, computer-generated data, forms, documents, internal audit reports and work papers, correspondence, and personnel records. “Cancelled wager” means a wager that has been cancelled by a sports wagering licensee due to an event or circumstance that prevents completion of the wager or causes the wager to be nonredeemable. “Cheat or cheating” means to act alone, facilitate, deceive, or conspire or collude with another person, to improve the chance of winning a wager or to alter the outcome of a wager, by: Using non-public information in placing, increasing, decreasing, or cancelling a wager; Altering or misrepresenting the outcome of a sporting event on which a wager has been placed; Claiming or collecting winnings on a wager that the person did not win or that the person was not otherwise authorized to claim or collect; Manipulating, altering, or interfering with sports wagering equipment, associated equipment, communication technology, or client software with the intent to affect or alter the outcome of a sporting event; Interfering with or influencing a participant in a sporting event with the intent to alter an outcome of, or an individual’s performance in, a sporting event; Any conduct the Commission identifies as a means of conducting organized crime through sports wagering; or Any other conduct the Commission identifies as an abuse of the operation and administration of sports wagering as cheating in regulations promulgated under State Government Article, Title 9, Subtitles 1A or 1E, Annotated Code of Maryland. “Client software” means any software or application installed or operating on a bettor’s device for the purpose of interacting with a sports wagering platform and conducting online sports wagering. “Communication technology” means the methods and components used by a sports wagering licensee to facilitate the transmission of information related to sports wagering, including a: Transmitting system; Receiving system; and Wire, cable, radio, microwave, optic, or computer data network. “Controlling entity” means an entity that possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of a person, whether through ownership of voting securities, by contract, by beneficial ownership, or otherwise. “Data information center” means the physical location owned or leased by a sports wagering facility licensee, mobile sports wagering licensee, or online sports wagering licensee designated as the location where the licensees electronic data is stored, processed, or otherwise maintained. “Day” means a calendar day. “Dormant account” means a sports wagering bettor account that has not had any login or wagering activity for a period of 3 years. “Electronic bingo or electronic tip jar machine” has the same meaning as instant bingo machine stated in COMAR 36.07.01.02. “Entrant” means a participant in a sporting event upon which a wager may be placed as to the participants finishing position or performance in the sporting event. “Event number” means a set of alpha or numeric characters that correspond to a sporting event or an event ancillary to a sporting event. “Exchange wager” means a wager in which a bettor wagers with or against another bettor through a sports wagering licensee. “Excluded individual” means an individual who has been: Placed on the Commissions voluntary exclusion list under COMAR 36.01.03 and 36.10.10; or Placed on the Commissions mandatory exclusion list under 36.10.11. “Global risk management” means management, consultation, instruction, or transmission of information relating to sports wagering by a sports wagering licensee who holds a license to conduct sports wagering in another jurisdiction, to a sports wagering licensee in the State, including: Managing risks associated with sports wagering involving a sporting event for which a wager may be accepted; Setting or changing of available bets or wagers; Establishing cutoff times for bets or wagers; Accepting or rejecting of bets or wagers; Pooling or laying off of bets or wagers; or Setting lines, point spreads, odds, or other activity relating to betting or wagering. “Gross pool” means the total amount of money wagered on the outcome of a particular event. “Holding company” means a principal or principal entity that directly or indirectly owns: At least 5 percent of the stock, equity interest, or other voting security of a sports wagering applicant or licensee; or Through an interest in one or more subsidiaries, a power, right, or security of a sports wagering applicant or licensee. “House rules” means a sports wagering licensees Commission-approved requirements for its sports wagering operation that are in addition to the Commissions regulations, and that shall include: A method for calculating and paying winning wagers; A process for handling incorrectly posted events, odds, wagers, or results; An effect of sporting event schedule changes; A method of notifying patrons of odds or proposition changes; A procedure for accepting wagers other than those processes posted by the sports wagering licensee; A method of notifying bettors that a winning ticket expires 182 days after the wager is settled; If the sports wagering platform allows the bettor to place a wager that pays more than the stated maximum amount, the licensees policy and methods for: Limiting the maximum amount a bettor may win on a wager; and Precluding a bettor from, or allowing a bettor to, collect, a payout in excess of the purported winnings; A method of contacting the sports wagering licensee with questions and complaints; A method of preventing an excluded individual from participating in a sports wagering activity; A method of funding a sports wager; and Any other item required by the Commission to be addressed in the licensee’s house rules. “Independent certified testing laboratory” means a person engaged in the testing and verification of sports wagering equipment and the equipment, systems, and software utilized to collect, monitor, interpret, analyze, authorize, issue, redeem, report, and audit data with regard to a sports wagering activity that: Holds a certificate in good standing for compliance with: International Organization for Standardization #17025 — General Requirements for the Competence of Testing and Calibration Laboratories; and International Organization for Standardization #17020 — General Criteria for the Operation of Various Types of Bodies Performing Inspections; Has performed testing and certification of sport wagering equipment, systems, and software on behalf of a state within the United States for a period of 5 or more years; and Has been approved by the Commission to test and certify equipment, systems, and software on its behalf. “Independent evaluator” means a person that: Independently evaluates and rates sports wagering content provided by a sports wagering expert, sports wagering influencer, or content partner; or Independently evaluates, audits, or rates the accuracy of predictions for sporting event outcomes. “Indirect interest” means an interest, claim, right, legal share, or other financial stake in a person that is determined by the Commission to exist by virtue of a financial or other interest in another person. “In-game wager and In-play bet” mean a wager placed on the outcome of a sporting event after the event has started. “Institutional investor” means: A retirement fund administered by a public agency for the exclusive benefit of federal, State or local public employees; An investment company registered under §8 of the Investment Company Act of 1940 (15 U.S.C. §80a-8); A collective investment trust organized by a bank under Part 9 of the rules of the Comptroller of the Currency (12 CFR §9.18); A closed end investment trust registered with the U.S. Securities and Exchange Commission; A chartered or licensed life insurance company; A property and casualty insurance company; A banking or other chartered or licensed lending institution; An investment advisor registered under the Investment Advisors Act of 1940 (15 U.S.C. §§80b-1—80b-21); or Any other person registered in any foreign jurisdiction and regulated in accordance with a statue of any foreign jurisdiction that the Commission determines to be substantially similar to that regulated by the Investment Company Act of 1940 or the Investment Advisors Act of 1940. “Integrity monitoring” means the observation of sports wagering to identify unusual wagering activity or other suspicious sports wagering activity that may be reported to law enforcement or an organization charged with oversight or monitoring of a sporting event. “Issue or issuance” means the Commissions final act of authorizing an applicant to legally exercise the authority of, or commence activity under, the scope of the license for which it applied. “Kiosk” means a Commission-approved device that may be used by a bettor to place a wager and may be used to redeem a winning wager. “Layoff wager” means a wager placed by a sports wagering operator with another sports wagering operator for the purpose of offsetting bettor wagers. “Licensee” means an applicant who has been issued a license required under this subtitle. “Mandatory exclusion list” means a list maintained by the Commission under State Government Article, §§9-1A-24 and 9-1E-11, Annotated Code of Maryland, that identifies an individual who is to be excluded or ejected from: A sports wagering facility; or Participating in online sports wagering. “Maryland State Fair Society” means the holder of a license issued to the holder by the State Racing Commission allowing the holder to have a race that meets specified conditions under Business Regulation Article, §11524, Annotated Code of Maryland. ” Mobile sports wagering licensee” means a sports wagering licensee who is authorized to conduct and operate online sports wagering. “Maximum wager limit” means the largest wager that can be wagered on a single sports wager. “Money line wager” means a wager on a participant winning a sporting event without the use of the point spread. “Multi-factor authentication” means a procedure that requires more than one method to verify a bettors identity through a combination of two or more independent credentials, including: Information known only to the bettor, such as a password, pattern or answers to challenge questions; and A bettor’s biometric data, such as fingerprints, facial or voice recognition, to the extent this data does not violate privacy laws. “Non-wagering employee” means an individual who is: Employed or is seeking to be employed by an applicant for or holder of a sports wagering license, and whose duties are or will be other than the duties of a wagering employee; or Not otherwise required by the Commission to be licensed as a wagering employee. “Online sports wagering” means sports wagering that is conducted through a sports wagering platform that: Is accessed on a computer, phone, or other interactive device; and Is accepted by a mobile sports wagering licensee or an online sports wagering operator. “Online sports wagering operator or online sports wagering operator licensee” means an entity registered with a state to do business within a jurisdiction of the United States that the Commission has issued a license to operate online sports wagering on behalf of a mobile sports wagering licensee. “Over-under wager” means a wager in which a sports wagering licensee sets a number for a statistic in a sporting event, and a bettor wagers that the actual result in the sporting event will be higher or lower than the number set by the sports wagering licensee. “Parimutuel betting” has the meaning stated in Business Regulation Article, §11-101, Annotated Code of Maryland. “Parlay wager” means a wager that involves two or more sports wagers combined into one wager. “Payout” means the total payment due on a winning wager. “Penalty” means an amount not to exceed $5,000 that the Commission may impose for each separate violation of the Sports Wagering Law, the Commissions regulations, or a directive of the Commission. “Personally identifiable information” means a person’s name in addition to other data or information that may be used, alone or combined with other data or information, to identify, contact, or locate a registered bettor, including: Initials, or personal mark; Unique biometric or genetic print of an individual’s image; Social Security number; Date of birth; Identification number issued by the government of a state, or the United States; Passport or identification number issued by a government for the purpose of establishing identity or documenting citizenship-related status; Financial information, including an account number, taxpayer identification number, security code, access code, or password; Residential address; or Data or information determined by the Commission to identify an individual. “Point of sale system” means the hardware, software and communications that comprise a system capable of accepting sports wagers using terminals operated by a cashier or a kiosk operated by a bettor on the premises of a sports wagering facility that has been approved by the Commission. “Pool wager” means a wager with a fixed entry cost where the bettors winnings may depend on the number of other bettors wagering on the sporting event. Predatory Marketing Practice. “Predatory marketing practice” means an advertisement or promotion of an activity, product, or service related to sports wagering that is: False or deceptive; Illegal; Knowingly directed to an individual who is younger than 21 years old and is not a participant in the sporting event; Knowingly directed to an excluded individual; or Prohibited by law, regulation or court order. “Predatory marketing practice” includes an advertisement or promotion of an activity, product, or service related to sports wagering that: Uses or depicts an individual who is, or appears to be, younger than 21 years old; By font, color, placement, or any other means, obscures or fails to disclose a material condition or limiting factor associated with the activity, product, or service being marketed; or Fails to include or obscures the gambling assistance message required under COMAR 36.10.10. “Principal” means: An officer, director, or person who directly or indirectly owns or holds a legal or beneficial interest of at least 5 percent in the securities of an applicant for or holder of a license awarded or issued under this subtitle; A person who has a controlling interest in, or the ability to elect a majority of the board of directors of an applicant for or holder of a license awarded or issued under this subtitle; A lender or other licensed financial institution of a sports wagering license applicant for or holder of a license awarded or issued under this subtitle or licensee, or a sports wagering contractor license applicant or licensee other than a bank or lending institution which makes a loan or holds a mortgage or other lien acquired in the ordinary course of business; An underwriter of an applicant for or holder of a license award or issued under this subtitle; or A person or deemed by the Commission to be a principal. Principal Employee. “Principal employee” means an individual who owns, controls, or manages a licensee that is a sports wagering facility, sports wagering mobile operator, online sports wagering operator, sports wagering facility operator, or sports wagering contractor. “Principal employee” includes an employee of a Tier 1 sports wagering contractor who performs any function of a Tier 1 sports wagering contractor. “Principal employee” does not include a wagering employee, temporary wagering employee, or non-wagering employee. “Prohibited sports wager” means any sports wager not approved by the Commission. “Proposition wager or proposition bet” means a wager on an individual action, statistic, occurrence, or non-occurrence which is determined during a sporting event. “Registered bettor” means a person who has registered with a sports wagering licensee to make wagers or for inclusion in the licensees bettor tracking system. “Restricted area” means that part of a sports wagering facility directly related to the operation of sports wagering where access is specifically designated by the Commission as restricted, including: Cashiers cage, including a satellite cashiers cage and ancillary offices; Computer space allocated to sports wagering platforms; Count room and trolley storage area; Areas designated for the storage or repair of sports wagering equipment; Information technology operations centers; Surveillance monitoring rooms; Vault and armored car bay locations; Data information center; Any area that the sports wagering licensee has designated as restricted in its Commission-approved accounting and internal control systems; and Any other area the Commission designates a restricted area. “Risk management” means processes and tools that sports wagering licensees use to manage the risk and liabilities associated with sports wagering. “Sanction” means an enforcement action that the Commission may take against an applicant or licensee, and may include suspension or revocation of a license, reprimand, or imposition of a condition on a licensee. “Satellite simulcast betting” has the meaning stated in Business Regulation Article, §11-815, Annotated Code of Maryland. “Satellite simulcast facility” means the location specified in a permit issued by the State Racing Commission necessary for offering satellite simulcast betting under Business Regulation Article, §§11-815—11-832, Annotated Code of Maryland. “Settled wager” means a wager that has been resolved with a result of either a win, loss, or push to the bettor. “Sports bettor tracking system” means the hardware, software, communications technology, and other ancillary equipment owned or leased by a sports wagering licensee to collect, monitor, interpret, analyze, authorize, report, and audit data pertaining to: A sports wagering activity; and If a bettor has registered with the sports wagering licensee for inclusion in a bettor tracking system, a bettors sports wagering activity. “Sports wagering” means: The business of accepting a wager on a sporting event; and Placing a wager with a sports wagering licensee on a sporting event. “Sports wagering account or bettor account” means an electronic account that may be established by a bettor for the purpose of sports wagering, including making deposits and withdrawals, placing wagers, and receiving payouts on winning wagers. “Sports Wagering Application Review Commission or SWARC” means the Commission established under State Government Article, §9-1E-15, Annotated Code of Maryland. “Sports wagering content” means: The setting of odds; or The prediction of sporting event outcomes of any type provided at no cost, for a fee, or through a subscription or other partnership, including: Moneylines; Against the spread; Totals; Futures; Parlays; and Other outcomes. “Sports wagering content partner” or “content partner” means an individual who, or a platform that, creates sports wagering content for a sports wagering licensee through contracted work, affiliation, or other partnership. “Sports wagering contractor” or “contractor”: Means, other than an individual, a person who contracts with a sports wagering licensee to provide services as a Tier 1 or Tier 2 sports wagering contractor, that may include: Management or operation; Security; Service, maintenance, update, or repair of sports wagering equipment or associated equipment or software; or Any other service for which the Commission requires a sports wagering contractor license; and Includes a person who owns or controls a service described in §B(75)(a) of this regulation. “Sports wagering contractor Tier 1” or “Tier 1 contractor” means a sports wagering contractor that provides sports wagering equipment or services and: Does not accept wagers; Whose services may affect sports wagering payouts or other wagering outcomes; Manufactures self-service kiosks, devices, or machines that have been approved by the Commission for use in a sports wagering facility; May have contact with, or access to, sports wagering equipment or sports wagering platforms; Supplies parts or software related to sports wagering operations; Provides security for sports wagering operations; May employ a sports wagering employee that is a principal employee; Is an independent evaluator; or Is a sports wagering content partner. “Sports wagering contractor Tier 2 or Tier 2 contractor” means a sports wagering contractor that supplies equipment or services related to a sports wagering licensees sports wagering operations, and: Whose services may not affect wagering outcomes; Has no contact with, or access to, sports wagering equipment or sports wagering platforms; and May not employ a sports wagering employee that is a principal employee. “Sports wagering employee or wagering employee” means an individual who: Is or is seeking to be employed by an applicant for or holder of a sports wagering license, whose duties relate, or may relate to the operation of a sports wagering facility or sports wagering, and who performs or supervises or may perform or supervise the performance of: Operating, servicing, or maintaining sports wagering equipment or associated equipment or software; Accounting, maintaining, or auditing a licensees sports wagering-related financial records; Counting or processing sports wagering revenue, wagers, payouts, or proceeds; Conducting security or surveillance in or around a sports wagering facility or the operation center of a mobile sports wagering licensee or online sports wagering operator licensee; or Operating or maintaining a sports wagering licensees information systems; Is employed by a sports wagering contractor, whose duties directly relate to the repair, service, or distribution of sports wagering equipment or associated equipment or software, or is otherwise required to be present at a wagering facility or in a restricted area of a wagering facility; or Is otherwise required by the Commission to be licensed as a sports wagering employee. “Sports wagering equipment” means any mechanical, electronic or other device, mechanism, software or equipment, and related supplies used or consumed in the operation of sports wagering, including a self-service kiosk on the premises of a sports wagering facility. “Sports wagering facility, wagering facility, or facility” means a place where a bettor may place a wager in person, that: Is physically located on premises that are owned, leased, or occupied by a sports wagering facility licensee; and Has been issued a sports wagering facility license by the Commission. “Sports wagering facility operator or sports wagering facility operator licensee” means a person that operates sports wagering on behalf of a sports wagering facility licensee: On premises that are physically owned, leased, or occupied by the sports wagering facility licensee; and Has been issued a sports wagering facility operator license by the Commission. “Sports wagering facility operator license” means an operator license issued by the Commission to a person that operates a sports wagering facility on behalf of a sports wagering facility licensee. “Sports wagering influencer” or “sports wagering expert” means: A person who creates sports wagering content for the benefit of a sports wagering licensee, a content partner, or the person’s benefit; and The sports wagering content: Uses a person’s prestige, popularity, notoriety, or specific knowledge or expertise that is real, implied, or suggested; and Attempts to, or does, encourage, induce, or persuade a bettor’s wagering decision. “Sports wagering website” means the website or interactive wagering application through which a sports wagering licensee makes authorized mobile sports wagering available. “Sports wagering license” means a license issued by the Commission that authorizes the holder to accept sports wagers. “Sports wagering licensee” means the holder of a sports wagering license. “Sports wagering operation” or “sports wagering operations” means the entirety of a sports wagering licensee’s business of conducting sports wagering and related activities, including: Accepting and redeeming wagers; Maintaining financial accounting; Securing a sports wagering platform; Securing a sports wagering platform; Conducting surveillance of a sports wagering facility; Owning, leasing, or occupying a sports wagering facility; and Performing any other related activity. “Sports wagering platform” means: Hardware and software used for a website, application, or other platform which is accessible via the internet or mobile, wireless, or similar communications technology that allows bettors to participate in sports wagering; or Hardware, software, firmware, communications technology, or other equipment that a sports wagering licensee uses to: Allow a bettor to participate in sports wagering; Display the wager outcomes and other similar information necessary to facilitate sports wagering; Review bettor accounts and generate financial reports; Suspend wagering on sporting events; Input outcomes for sporting events; and Set any configurable parameters. “Sports wagering ticket” means a printed record issued or an electronic record maintained by a sports wagering platform that evidences a sports wager. “Sports wagering voucher” means a printed record or digital representation issued by a sports wagering platform that may be used to fund a wager or may be redeemable for cash. “Straight wager and single-game bet” mean a wager on a single sporting event that will be determined by a point spread, money line or total score. “Teaser bet” means a wager in which the sports wagering licensee adjusts the odds of winning in a bettors favor. “Temporary sports wagering facility” means an area approved by the Commission for use in sports wagering operations during the construction of a facility. Unredeemed Item. “Unredeemed item” means a sports wagering voucher, sports wagering ticket, or similar item that has monetary value and: Has been won by a bettor participating in sports wagering; or Has been inserted into sports wagering equipment. “Unredeemed item” does not include cash. “Unusual wagering activity” means a wager or pattern of wagering by a bettor that: Is abnormal in amount, frequency, pattern, or type; or May indicate past, current, attempted, or planned cheating. “Video lottery employee” means an individual who holds a license issued under State Government Article, §9-1A-14, Annotated Code of Maryland, and meets the requirements of COMAR 36.03.02.12. “Voided wager” means a wager invalidated by a licensee for a specified sporting event. “Wager or wagering” means betting a sum of money or promotional credit on the outcome of a sporting event. “Wagering day” means a period of time determined by the Commission, not to exceed 24 hours, that marks the beginning and ending times of wagering activities for the purposes of establishing accounting reports and determining daily proceeds.