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Can a Sports Wagering Operator offer a wager on a college team from Massachusetts that is not involved in a tournament?

No – Operators are not permitted to offer wagers on college teams from Massachusetts that are not involved in a collegiate tournament.  G.L. c. 23N, § 3; 205 CMR 247.01(2)(a).

G.L. c. 23N, § 3 defines the term “sports event or sporting event.”  Per statute, sports events or sporting events are “a professional sport or athletic event, collegiate sport or athletic event, a collegiate tournament, motor race event, electronic sports event or other event authorized by the commission under this chapter; provided, however, that “sporting event” shall not include: (i) high school and youth sports or athletic events; or (ii) a collegiate sport or athletic event involving 1 or more collegiate teams from the commonwealth unless they are involved in a collegiate tournament.” Offering a wager on a college team from Massachusetts that is not in a tournament would violate the prohibition on allowing wagers on collegiate sport or athletic events involving 1 or more collegiate teams from the commonwealth unless they are involved in a collegiate tournament.

Can a Sports Wagering Operator offer a wager on a college team from Massachusetts if the outcome of the wager is decided via regular season results only? For example, can an Operator offer a wager on a Massachusetts team winning the Big East?

No – For the reasons explained immediately above, Operators are not permitted to offer wagers on college teams from Massachusetts if the outcome of the wager is decided via regular season results only and not via a collegiate tournament. G.L. c. 23N, § 3; 205 CMR 247.01(2)(a).

I currently work for a Sports Wagering Operator. May I wager on sports through any of my employer’s platforms (mobile application, window, kiosk, etc.)?

No – Employees, subcontractors, directors, owners, officers, or Qualifiers of an Operator, as well as those within the same household, shall not place wagers through the Operator, or through any other Operator tethered to the Operator, on any event.  205 CMR 243.  For example, an employee of a Category 1 Operator may not place a wager through their employer or through any of the Category 3 Operators tethered to their employer.

Are Sports Wagering Operators permitted to offer wagers on awards given to individual collegiate athletes, such as the Heisman Trophy and the Wooden Award?

No – Operators are not permitted to offer wagers on awards given to individual collegiate athletes.  G.L. c. 23N, § 3; 205 CMR 247.01(2)(a).

G.L. c. 23N, § 3 defines the term “sports wagering.”  Per statute “sports wagering shall not include the acceptance of any wager: (i) with an outcome dependent on the performance of an individual athlete in any collegiate sport or athletic event, including, but not limited, to in-game or in-play wagers.”  Id.  Offering a wager on an award given to individual collegiate athletes would violate the prohibition on wagers with an outcome (i.e. – the award) dependent on the performance of an individual athlete in any collegiate sport or athletic event.

Is wagering permitted on a collegiate tournament that occurs in Massachusetts?

Yes – Operators may offer wagers on collegiate tournaments that occur in Massachusetts.  There is not a statutory or regulatory prohibition on offering wagers due to the location of the tournament.

Can a Sports Wagering Operator offer a wager on a college team from Massachusetts for an event that will be decided as part of a tournament where the Massachusetts team has not yet qualified for the tournament? For example, can an Operator offer a wager on a Massachusetts team for a game that will occur as part of the NCAA March Madness Tournament before the Massachusetts team has qualified for the tournament?

No – Operators are not permitted to offer wagers on college teams from Massachusetts before they have qualified for a collegiate tournament. G.L. c. 23N, § 3; 205 CMR 247.01(2)(a).

G.L. c. 23N, § 3 defines the term “sports event or sporting event.”  Per statute, sports event or sporting events are “a professional sport or athletic event, collegiate sport or athletic event, a collegiate tournament, motor race event, electronic sports event or other event authorized by the commission under this chapter; provided, however, that “sporting event” shall not include: (i) high school and youth sports or athletic events; or (ii) a collegiate sport or athletic event involving 1 or more collegiate teams from the commonwealth unless they are involved in a collegiate tournament.

Offering a wager on a college team from Massachusetts prior to the team qualifying for the tournament would violate the prohibition on allowing wagers on collegiate sport or athletic events involving 1 or more collegiate teams from the commonwealth unless they are involved in a collegiate tournament. A team that has not yet qualified for a tournament is not yet involved in the tournament.

Once the Massachusetts team has qualified for the tournament, tournament-related wagers may be offered on that team. Wagers may also be offered where Massachusetts teams are automatically qualified to participate in a tournament (ex. the Beanpot).

Can a Sports Wagering Operator offer a wager on a college team that is NOT from Massachusetts if the outcome of the wager is decided via regular season results only? For example, can an Operator offer a wager on a team from outside Massachusetts team winning the Big East?

Yes – Operators may offer wagers on college teams that are not from Massachusetts if the outcome of the wager is decided via regular season results only. The statutory and regulatory prohibitions on collegiate wagers only prohibit wagers on teams from Massachusetts.

How does a company submit sports wagering internal controls?

See our Sports Wagering Internal Controls Instructions, which are also available on our Forms and Instructions page.

How does a company request a temporary sports wagering license?

Submit the Temporary License to Conduct Sports Wagering Form, which can be found on the Forms page, and relevant fees.

For Item 10 of the Business Entity Disclosure Form, is the MGC seeking information on every employee making over $250,000, or only a certain group of employees?

All individuals who currently receive, or who are reasonably expected to receive within one calendar year from the date of submission must be included.

In Item 10 of the Business Entity Disclosure Form, for those individuals who would be expected to receive $250,000 within one calendar year from the date of the submission, can an applicant make these determinations solely on presumed salary and bonus to reduce the externalities that can influence compensation but are beyond the control of the company?

All compensation should be included. If an amount is uncertain, an estimation is acceptable. Best practice would be to itemize the compensation and amounts. E.G.: Employee salary $250k; bonus – up to 25% of salary or 100k; equity (RSUs, NSOs, SARs, etc.) – approximately $800k total.

In Item 9 of the Business Entity Disclosure Form, would the Commission consider it responsive if, for the column “Compensation Subsequent Calendar Year,” this year’s compensation for the individual is provided? Understanding the question is requesting the 2021 calendar year compensation, should subsequent calendar year be read as referring to 2023?

“Total annual compensation received during the last calendar year” would refer to the calendar year for 2021. “Subsequent calendar year” refers to the calendar year for 2022. As we are in November, there should be a degree of relative certainty regarding the overall compensation, and all forms of compensation should be included, including stock options. If estimation is necessary for the remaining portion of the year, please indicate such.

How should an applicant respond if a question does not apply to their operations

Reply with “not applicable”

Can the MGC provide clarification regarding question C.1.a on the application for a sports wagering operator license?

If a company is awarded a sports wagering operator license, how many jobs in the Commonwealth would be associated with that license?

Can the MGC provide clarification regarding question B.4.f on the application for a sports wagering operator license?

If awarded a sports wagering operator license, what would be the necessary time frame from the time a license was awarded to wagers being accepted?

What does the $200,000 application fee cover?

There is one $200,000 application fee for submission of an application for a sports wagering operator license. This includes the required supplemental forms.

Do Category 3 licenses tied to a Category 1 or Category 2 license count toward the seven Category 3 licenses

Per statute, the “tethered” licenses do not count toward the seven.

In question D3 on the application for sports wagering license there is a mislabeling of subsections – can you clarify?

This was a copyediting error. The second “a” should in fact be “b” – please proceed by referencing “b”

When will sports wagering launch in Massachusetts?

Retail sports wagering began at the facilities of Category 1 licensees on January 31, 2023. Mobile/online sports wagering through Category 3 operator’s platforms began on March 10, 2023.

What employees of a sports wagering operator are required to obtain a license?

The Commission is in process of promulgating regulations on this issue.

Can you provide clarification regarding question B.1.d on the application for a sports wagering operator license regarding allowable sports events?

At this point, recognizing that the Commission has not determined its list of allowable sports events, are there any commonly allowable sports events in other US jurisdictions that the applicant has already determined it will not offer?

How do I submit an application?

Please visit our sports wagering application page

When is the application deadline for sports wagering?

Category 1 and Category 3 license applications were due on November 21, 2022 at 2:00PM EST. Category 2 license applications will be accepted on a rolling basis.

Category 1 and Category 2 sports wagering operator licensees by statute are allowed to operate a retail sportsbook and up to two or one online sportsbook, respectively. (Those online sportsbooks would be licensed as Category 3 sports wagering operators and considered “tethered” Category 3). If a Category 1 or Category 2 operator elected to operate an online (Category 3) sportsbook, would there be an additional $5,000,000 licensing fee for each “tethered” Category 3 license or does the single $5,000,000 licensing fee cover the totality of the license (the Category 1 or 2 license and any online operators tethered to that operator)? Would application fees be required for a Category 1 applicant and each of the tethered Category 3 applicants?

A Category 1 and Category 2 license is for a licensee to operate in-person retail wagering. Those licenses allow for a Category 1 licensee and a Category 2 licensee to operate up to two or up to one online platform, respectively. Chapter 23N requires those online platforms to be qualified for and awarded a Category 3 license. Each license requires a $5,000,000 license fee.

The fillable PDF application form does not contain spaces to respond to the questions in each subsection. Would it be preferable for applicants to submit one complete pdf document with the answers to all subsection questions or submit electronic files for each applicable subsection?

Preferably, the Commission would like to receive one PDF document containing the answers to all of the questions, in all of the sections. If an applicant has any issues submitting their documents via the MGC Secure File Share System, they should contact the MGC at mgcsportswagering@massgaming.gov.

The application requires Times New Roman font, with a size of 12, but the fillable PDF application form does not allow the font or font size to be changed and automatically reduces the size if a response is longer than the allotted answer space. Is it acceptable to submit the application using the method in which Adobe reduces the font size?

Yes, it is perfectly acceptable to complete the fillable form as posted on the MGC website. If your response is more prolonged and requires the form to shrink the font to fit in the assigned answer space, that is acceptable. Please use the Times New Roman font, size 12, when drafting your answers for the questions in sections B-G of the application form.

Can an operator that is awarded a license launch after the Commission’s set launch date?

There is nothing at this time that prohibits any operator from launching after an established launch date. Once an applicant is awarded a license, they must then have their house rules approved, complete remaining regulatory requirements, and be awarded an operations certificate. This will take place during an MGC public meeting.

Do online operators tethered to a Category 1 or Category 2 license need to be licensed as a Category 3 operator?

Yes. Per MGL Chapter 23N Section 3, tethered operators must be “qualified for and issued a category 3 license” by the MGC.

If a company applies for one of the seven stand-alone Category 3 licenses and is not awarded one, is that company permitted to partner with a Category 1 or Category 2 licensee seeking online wagering partners?

Yes.

Can the MGC provide clarification regarding question G.3 on the application for a sports wagering operator license?

G.3 Financial Stability & Integrity

d. The submission should include a plan or strategy on how the applicant will continue to maintain and sustain the sports wagering operation if it experiences a steep decline in revenue. Further, the submission should follow up with real examples of when such circumstances occurred in other jurisdictions, and how the applicant applied its plan or strategy that led to revenue resumption.

e. The submission should include financial ratios (current ratio, debt-to-equity ratio, gross and net margin ratios) for the last five years, to be calculated utilizing the applicant’s financial reporting year-end balances. The number of ratios submitted for review should total to twenty (20).

j. The narrative submission should encompass the applicant’s understanding and experience with internal controls: controls in place that ensure the integrity of the applicant’s financial and accounting information. It should also include narrative and/or examples of the applicant’s internal control policies and procedures over its internal audit function, external audit relationship, audit/finance and risk committee compositions, executive management with financial expertise, or related governance environment

Are Category 1 licensees required to handle the reporting requirements for their tethered Category 3 licensees, or can that licensee report to the MGC independently?

Each licensee should meet their reporting requirements independently regardless of how they obtained a sports wagering operator license.

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