Chapter 03. All Applicants and Licensees — Qualification Requirements

Paid the applicable nonrefundable application fee;

Unless exempt, provided documentation that:

Provided the Commission with all required information and documentation.

The applicants financial stability, integrity, and responsibility;

The integrity of any financial backers, investors, mortgagees, bondholders, and holders of other evidences of indebtedness that bear a relation to the application;

The applicants good character, honesty, and integrity; and

Sufficient business ability and experience.

Failure of the applicant to establish by clear and convincing evidence that the applicant and each person who owns or controls the applicant are qualified;

Failure of the applicant or any person required to be qualified to provide information, documentation, or assurances required by or requested by the Commission or SWARC;

Failure of the applicant or any person required to be qualified to reveal any fact material to qualification;

Supplying, by the applicant or any person required to be qualified, information that is untrue or misleading as to a material fact concerning the qualification criteria;

Conviction of the applicant or of any person required to be qualified of an offense under the laws of any jurisdiction that is a criminal offense involving moral turpitude or a gambling or sports wagering offense;

Current prosecution of the applicant or a person who is required to be qualified for an offense described under §C(5) of this regulation, provided that:

Pursuit by the applicant or a person who is required to be qualified of economic gain in an occupational manner or context that violates a State law, if the pursuit creates a reasonable belief by the Commission that participation of the applicant in sports wagering operations would be inimical to the States interests;

Identification of the applicant or a person who is required to be qualified as a career offender or a member of a career offender cartel or an associate of a career offender or career offender cartel in a manner that creates a reasonable belief by the Commission that the association is of a nature that would be inimical to the States interests;

Commission of an act within the prior 7 years by the applicant or a person who is required to be qualified that would constitute an offense described in §C(5) of this regulation, even if the act was not, or may not be prosecuted under the criminal laws of any jurisdiction;

Willful defiance by the applicant or a person who is required to be qualified of a legislative investigatory body or other official investigatory body of the United States or a jurisdiction within the United States when the body is engaged in the investigation of crimes relating to sports wagering, gambling, official corruption, or organized crime activity; or

Engaging in conduct that would bring the State into disrepute.

Contains all required information;

Meets all application and qualification requirements;

Is accompanied by all required fees; and

Unless exempt, provides evidence of a performance bond.

The designee shall recommend denial of the application; and

The recommended denial of a license application shall follow the process described under COMAR 36.10.07.

Remains under a continuing obligation to conform to all of the information contained in their license application; and

Shall comply with all applicable requirements in State Government Article, Title 9, Subtitles 1A and 1E, Annotated Code of Maryland, and the Commissions regulations.

Comply with all State and federal data security laws; and

Maintain all sports wagering data securely for at least 5 years from the date of the wager.

Share any personally identifiable information with any third parties without permission, except as needed to operate sports wagering and administer the licensees obligations under State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland;

Knowingly target advertising to individuals who are prohibited from participating in sports wagering and other atrisk individuals; or

Engage in false or deceptive advertising.

To a related entity; or

Pursuant to a transfer of its interest approved in advance by the Commission under §F of this regulation.

Before the proposed sale or transfer, the licensee submits to the Commission notification of the proposed sale or transfer; and

The Commission determines that the proposed sale or transfer of an interest is consistent, and complies, with State Government Article, §§9-1A-18 and 9-1A-19, Annotated Code of Maryland.

A license is forfeited when:

A sports wagering license that has been forfeited may be reissued by the Commission using the criteria established in this subtitle.

The applicant is applying for a license that is identical to a license the applicant already holds; and

The applicant’s license term of the license has not expired.

Establishes, by clear and convincing evidence, that the licensee meets applicable license qualification requirements;

Submits to a background investigation as required by the Commission;

Reimburses the Commission for all costs associated with the background investigation; and

Pays the required license renewal fee.