Plain Text Law

Chapter 10. Enforcement of Voluntary Exclusion Program

Full chapter: Markdown · XML

Regulation .01 Enforcement.Copy Citation

HTML · MD · XML
A.
Definition. Unless context dictates otherwise, for purposes of this chapter, “sports wagering licensee” includes:
(1)
Sports wagering facility licensee;
(2)
Mobile sports wagering licensee;
(3)
Sports wagering facility operator licensee; and
(4)
Online sports wagering operator license.
B.
The Commission shall notify sports wagering licensees that an individual has been placed on the voluntary exclusion list established in COMAR 36.01.03.
C.
A sports wagering licensee may disclose information about an individual on the voluntary exclusion list to:
(1)
The Commission;
(2)
The licensee’s:
(a)
Managers;
(b)
Security department;
(c)
Surveillance department; or
(d)
Employees who are directly responsible for excluding unauthorized individuals from sports wagering; and
(3)
If the sports wagering licensee pursues criminal charges against an individual on the voluntary exclusion list who is suspected of trespassing on the premises of a sports wagering facility licensee, to:
(a)
A law enforcement officer; or
(b)
A person who is legally authorized to be involved in the criminal prosecution of an individual on the voluntary exclusion list who is suspected of trespassing on a sports wagering licensee’s property.
D.
If a sports wagering licensee uses technology for the purpose of complying with this regulation, the sports wagering licensee shall ensure that the technology:
(1)
Complies with all applicable State and local requirements; and
(2)
Is designed to prevent unauthorized access to confidential records.
E.
If an individual on the voluntary exclusion list is found on the part of the premises of a sports wagering licensee where sports wagering is conducted, the sports wagering licensee:
(1)
Shall immediately notify the Commission in person or via email; and
(2)
May pursue criminal charges against the individual such as trespassing.
F.
A sports wagering licensee may not:
(1)
Permit an individual on the voluntary exclusion list to:
(a)
Enter the part of the premises of a sports wagering licensee where sports wagering is conducted; or
(b)
Participate in sports wagering;
(2)
Knowingly fail to exclude from the part of the premises of a sports wagering licensee where sports wagering is conducted an individual on the voluntary exclusion list; or
(3)
Disclose information about an individual on the voluntary exclusion list beyond the disclosures that are authorized under §C of this regulation.
G.
Unless excluded by operation of another directive or order outside the Commission, an individual who has been placed on a voluntary exclusion list of the Commission that is not under this subtitle may engage in sports wagering.

Regulation .02 Responsible Gaming Plan.Copy Citation

HTML · MD · XML
A.
A sports wagering licensee shall establish a responsible gaming plan that sets forth its plan for addressing problem gambling that shall include at least the following elements of the plan:
(1)
Goals;
(2)
Procedures and deadlines for implementation;
(3)
Procedures for retrieving and securely maintaining the voluntary exclusion list;
(4)
Procedures for notifying the Commission of an unauthorized access to the list within twelve hours of the unauthorized access;
(5)
Identification of a sports wagering licensee’s personnel responsible for implementation;
(6)
Responsibilities of a sports wagering licensee’s personnel identified as responsible for implementation;
(7)
Training for a sports wagering licensee’s personnel on problem gambling and voluntary exclusion;
(8)
Means of controlling access to records pertaining to voluntary exclusion;
(9)
Means of educating bettors about:
(a)
Problem gambling;
(b)
Problem gambling treatment resources, including treatment and prevention programs established under State Government Article, §9-1A-33, Annotated Code of Maryland; and
(c)
Voluntary exclusion;
(10)
Placement of responsible gambling awareness information:
(a)
In the premises of a sports wagering facility licensee; and
(b)
On a sports wagering licensee’s sports wagering platform;
(11)
Ensuring that an individual on the voluntary exclusion list is not permitted to:
(a)
Enter the part of the premises of a sports wagering licensee where sports wagering is conducted;
(b)
Participate in sports wagering; or
(c)
Claim winnings;
(12)
The sports wagering licensee’s response to the discovery of an individual who is enrolled in the voluntary exclusion list in the part of the premises of a sports wagering licensee where sports wagering is conducted, which may include pursuing criminal charges against the individual;
(13)
The sports wagering licensee’s response to the discovery of a bettor who is enrolled in the voluntary exclusion list using a sports wagering platform, which may include an action up to and including permanent suspension of the bettor’s account;
(14)
The sports wagering licensee’s procedures for returning to a bettor the funds in the bettor’s account that were placed by the bettor prior to the bettor’s application for voluntary exclusion, including the requirement that:
(a)
Funds be returned as soon as practicable after the time the bettor is placed on the voluntary exclusion list; and
(b)
The sports wagering licensee return the funds to the bettor within 7 days of the bettor’s placement on the voluntary exclusion list, by:
(i)
Crediting the bettor’s personal bank account; or
(ii)
Paying the bettor by check; and
(15)
Any other element required by the Commission.
B.
A sports wagering licensee shall submit to the Commission the responsible gaming plan required under §A of this regulation at least 60 days before sports wagering operations are to commence or within a time-period approved by the Commission.
C.
A sports wagering licensee shall submit any amendments to its responsible gaming plan to the Commission prior to implementation.
D.
A sports wagering licensee shall annually submit to the Commission its responsible gaming plan.

Regulation .03 Requirements.Copy Citation

HTML · MD · XML
A.
Definitions.
(1)
In this regulation, the following terms have the meaning indicated.
(2)
Terms Defined.
(a)
“Advertisement” means any material that is:
(i)
Disseminated to the public through broadcasting, publication, mail, or any other means; and
(ii)
Intended to encourage sports wagering.
(b)
“Billboard advertisement” means a roadside sign, aviation banner, or event banner that is intended to encourage sports wagering.
(c)
“Gambling assistance message” means a phrase approved by the Commission to encourage responsible play.
(d)
“Printed advertisement” means an advertisement that appears in or on a sign, direct mailing, poster, brochure or other written material and is intended to encourage sports wagering.
(e)
“Online advertisement” means an advertisement that appears on a website, an application in social media, or otherwise on the internet that is intended to encourage sports wagering.
(f)
“Responsible gambling awareness materials” means a sticker, a brochure, a wallet card, or other material that conveys only problem gambling resource information.
(g)
“Underage warning message” means the phrase: No bettor under the age of 21 is permitted to participate in sports wagering.
B.
A sports wagering licensee shall:
(1)
Post signage approved by the Commission that prominently bears the gambling assistance message and the underage warning message at each customer entrance;
(2)
Include banners or other notifications on the sports wagering websites that bear the gambling assistance message and the underage warning message;
(3)
Include the gambling assistance message on an advertisement that is intended to encourage sports wagering;
(4)
Ensure that a printed advertisement bears the gambling assistance message and meets requirements of COMAR 36.10.13.43 and 36.03.03.08;
(5)
Ensure that a billboard bearing a printed advertisement bears the gambling assistance message and meets requirements of COMAR 36.10.13.43 and 36.03.03.08;
(6)
Ensure that a radio, television, video, online, or social media advertisement bears the gambling assistance message and meets requirements of COMAR 36.10.13.43 and 36.03.03.08;
(7)
Ensure that the gambling assistance message is printed on a paper product that is associated with bettor consumption of food or beverage if the paper product is:
(a)
Special ordered; and
(b)
Branded with the sports wagering licensees logo;
(8)
Ensure that the gambling assistance message is printed on a sports wagering ticket or sports wagering voucher;
(9)
Place in the sports wagering facility and sports wagering platform responsible gambling awareness information according to its responsible gaming plan required under COMAR 36.10.10.02;
(10)
Ensure that an advertisement for sports wagering, video lottery terminal, or table game play does not include language that suggests an outcome is guaranteed or without risk; and
(11)
Ensure that advertisements for sports wagering includes a gambling assistance message that complies:
(a)
For signs, direct mail materials, posters, and other printed advertisements the font height of the gambling assistance message shall be the greater of:
(i)
The same size as the majority of the text in the advertisement; or
(ii)
Three percent of the height or width, whichever is greater, of the advertisement;
(b)
For billboards, the font height of the gambling assistance message shall be at least 5 percent of the height or width, whichever is greater, of the face of the billboard;
(c)
For video and television advertisements:
(i)
The gambling assistance message shall be visible for the entire duration of the advertisement, with a font size at least 3 percent of the image height or width;
(ii)
The gambling assistance message shall appear from the first instance sports wagering or a licensed operator is displayed or mentioned for not less than 3 seconds, and again on a final screen for the final 3 seconds of the advertisement;
(iii)
The font height shall be at least 3 percent of the height or width, whichever is greater, of the image during the advertisement; or
(iv)
The font height shall be at least 8 percent of the height or width, whichever is greater, of the image on the final screen; and
(d)
For websites and social media:
(i)
The gambling assistance message shall be posted on each webpage or profile page, and on any gaming-related advertisement posted on those pages;
(ii)
The font height of the gambling assistance message shall be at least the same size as the majority of the text used on the webpage or profile page; and
(iii)
For advertisements posted on the webpage or profile page, the font height shall comply with the requirements in §B(11)(a) of this regulation.
Chapter annotations
Authority: State Government Article, §§9-1A-24 and 9-1E-01—9-1E-15, Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.03 adopted as an emergency provision effective August 5, 2021 (48:18 Md. R. 690); adopted permanently effective January 13, 2022 (49:1 Md. R. 16)
History: Regulation .03 amended effective April 27, 2026 (53:8 Md. R. 356)
History: Regulation .03B amended as an emergency provision effective December 12, 2023 (50:26 Md. R. 1130); amended permanently effective May 27, 2024 (51:10 Md. R. 529)