as introduced - 93rd Legislature (2023 - 2024) Posted on 03/06/2023 07:16pm
Engrossments | ||
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Introduction | Posted on 03/02/2023 |
A bill for an act
relating to gambling; authorizing and providing for sports betting; establishing
licenses; prohibiting local restrictions; providing for taxation of sports betting;
providing civil and criminal penalties; providing for amateur sports grants; requiring
reports; appropriating money; amending Minnesota Statutes 2022, sections
260B.007, subdivision 16; 609.75, subdivisions 3, 4, 7, by adding a subdivision;
609.755; 609.76, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapters 240; 299L; 609; proposing coding for new law as Minnesota
Statutes, chapter 297J.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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Sections 299L.095 to 299L.80 may be cited as the "Minnesota Sports Betting Act."
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For the purposes of this chapter, the following terms have the
meanings given them.
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"Athletic event" means a sports game, match, or activity, a
series of games, matches, activities, or tournaments involving the athletic skill of one or
more players or participants. Athletic event does not include any of the following:
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(1) horse racing as defined in section 240.01, subdivision 8;
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(2) an esports or athletic competition, demonstration, activity, or tournament organized
by an elementary, middle, or high school, or by any youth activity sports program, league,
or clinic; or
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(3) a fantasy sports contest in which participants assemble teams of athletes or individuals
and the winning outcome reflects the relative knowledge and skill of the participants and
is determined predominantly by the accumulated statistical results of the performance of
athletes or individuals in an actual event.
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"Authorized participant" means an individual who
has a valid mobile sports betting account with a mobile betting operator and is at least 21
years of age.
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"Casino" means an establishment in which gaming is lawfully conducted
by an Indian Tribe in the state of Minnesota pursuant to the Indian Gaming Regulatory Act
and in accordance with a Tribal gaming ordinance and applicable Tribal-state compacts.
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"Class III gaming" has the meaning given in United States
Code, title 25, section 2703.
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"College sports" means a sporting event in which at least one
participant is a team or individual from a public or private institution of higher education.
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"Compact" means a Tribal-state compact governing the conduct of
Class III gaming on Indian Lands that is negotiated under section 3.9221, any other state
law, or pursuant to the Indian Gaming Regulatory Act, Public Law 100-497, and future
amendments to it.
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"Esports event" means a competition between individuals or
teams using video games in a game, match, contest, or series of games, matches, or contests,
or a tournament, or by a person or team against a specified measure of performance which
is hosted at a physical location or online that meets the following conditions:
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(1) the video game does not simulate the play of a game classified as Class I, II, or III
under the Indian Gaming Regulatory Act, Public Law 100-497, and future amendments to
it;
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(2) spectators are allowed to watch the competition in real time in person or online; and
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(3) the video game is approved by the commissioner to be an event eligible for wagering
under sections 299L.10 to 299L.80.
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"Indian Tribe" means the following federally recognized Tribes
and any instrumentality, political subdivision, legal entity, or other organization through
which any of them conducts business:
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(1) the Fond du Lac Band;
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(2) the Grand Portage Band;
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(3) the Mille Lacs Band;
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(4) the White Earth Band;
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(5) the Bois Forte Band;
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(6) the Leech Lake Band;
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(7) the Red Lake Nation;
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(8) the Upper Sioux Community;
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(9) the Lower Sioux Indian Community;
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(10) the Shakopee Mdewakanton Sioux Community; and
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(11) the Prairie Island Indian Community.
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"In-game betting" means placing a mobile sports betting
wager after a significant sporting event or series of sporting events has started.
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"Major sporting event" or "major event" means a
championship or significant sporting event or significant series of sporting events, as
determined by the commissioner. Major sporting events include but are not limited to the
National Football League's Super Bowl, the championship series of the National Basketball
Association, the championship series of the Women's National Basketball Association, the
National Collegiate Athletic Association men's and women's basketball tournaments, the
National Hockey League's Stanley Cup series, Major League Baseball's World Series, the
International Federation of Association Football (FIFA) World Cup, the FIFA Women's
World Cup, and a Professional Golf Association tour event.
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"Mobile application" means an application on a mobile
phone or other device through which an individual is able to place an internet sports betting
wager.
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"Mobile sports betting" means operating, conducting,
or offering for play sports betting through the Internet.
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"Mobile sports betting account" means an
electronic ledger in which all of the following types of transactions relative to an authorized
participant are recorded:
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(1) deposits and credits;
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(2) withdrawals;
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(3) mobile sports betting wagers;
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(4) monetary value of winnings;
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(5) service or other transaction related charges authorized by the authorized participant,
if any;
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(6) adjustments to the account;
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(7) promotional activity; and
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(8) responsible gaming parameters.
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"Mobile sports betting operator" means an
Indian Tribe or entity comprised of multiple Indian Tribes that receives a license from the
commissioner to operate, conduct, or offer for play mobile sports betting under sections
299L.10 to 299L.80.
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"Mobile sports betting platform" means an
integrated system of hardware, software, or applications, including mobile applications and
servers, through which a mobile sports betting operator operates, conducts, or offers sports
betting through the Internet.
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"Mobile sports betting platform
provider" means a sports betting supplier that contracts with a mobile sports betting operator
to provide a mobile sports betting platform.
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"Participant in a sporting event" means a
person engaging in a sporting event as a player, coach, or official, or who is an owner or
officer of a team engaging in a sporting event or the league or organization organizing the
sporting event.
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"Racetrack" means a racetrack licensed under chapter 240.
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"Sporting event" means an athletic event, esports event,
college sports event, or other event approved by the commissioner to be an event eligible
for wagering under sections 299L.10 to 299L.80.
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(a) "Sports betting" means wagering on the outcome of a
sporting event or portions of a sporting event or individual performance statistics during a
sporting event that is:
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(1) organized by a professional sports organization, internationally recognized sports
organization, amateur sports organization, or a postsecondary educational institution or
group of postsecondary educational institutions; and
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(2) approved by the commissioner to be an event eligible for wagering under this act.
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(b) Sports betting includes but is not limited to single-game bets; futures bets; teaser
bets; parlay bets; over-under bets; money line bets; in-game betting; in-play betting;
proposition bets; straight bets; exchange wagering; futures bets placed on end of the season
standings, awards, or statistics; and any other bets approved by the commissioner.
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(c) A contract for insurance on the life or health of a participant in a sporting event is
not sports betting regulated under sections 299L.10 to 299L.80.
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(d) A private social bet as described in section 609.75, subdivision 3, clause (5), is not
sports betting regulated under sections 299L.10 to 299L.80.
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(e) A sports-themed tipboard, as described in section 349.12, subdivision 34, is not sports
betting regulated under sections 299L.10 to 299L.80.
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"Sports betting supplier" means a person that, either
directly or indirectly, provides mobile sports betting operators and racetracks with services,
goods, software, or any other product or information necessary to conduct sports betting or
determine the outcome of wagers, including a person who provides data feeds and odds
services, risk management providers, and integrity monitoring providers. Sports betting
supplier does not include a sports governing body that provides raw statistical match data.
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"Wager" means a transaction between an individual and a licensee
under this chapter in which an individual pays, deposits, or risks cash or a cash equivalent
during sports betting.
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A person 21 years of age or older may participate
in sports betting within the state provided the person places all wagers with an entity licensed
under sections 299L.10 to 299L.80 and is not disqualified, prohibited, or excluded from
placing a wager on a sporting event.
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It is unlawful to wager on a sporting event, or engage
in sports betting except in compliance with the terms, conditions, limitations, and restrictions
of sections 299L.10 to 299L.80 or the rules adopted under those sections, other than Class
III sports betting conducted by an Indian Tribe pursuant to a Tribal-state compact.
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Sections 299L.10 to
299L.80, except for any provisions authorizing the negotiations of Tribal-state compacts,
do not apply to sports betting conducted exclusively on Indian Lands by an Indian Tribe
conducted pursuant to a Tribal gaming ordinance approved by the National Indian Gaming
Commission and a Tribal-state compact.
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The commissioner has the power and duty to
regulate sports betting authorized under sections 299L.10 to 299L.80. In making rules,
establishing policy, and regulating sports betting, the commissioner shall:
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(1) ensure that sports betting is conducted in a fair and lawful manner;
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(2) promote public safety and welfare; and
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(3) ensure that sports betting is conducted in a manner that is transparent to authorized
participants.
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(a) The commissioner must adopt and enforce rules that are
consistent with sections 299L.10 to 299L.80 and address the following subjects:
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(1) the manner in which wagers are accepted and payouts are remitted;
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(2) the manner in which betting lines are communicated to the public;
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(3) the calculation of gross sports betting revenue and standards for daily counting and
recording of cash and cash equivalents received in the conduct of sports betting;
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(4) the method of accounting to be used by mobile sports betting operators and racetracks
as to the conduct of sports betting;
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(5) the types of records that shall be kept by master mobile sports betting licensees,
mobile sports betting operators, and racetracks as to the conduct of sports betting, mobile
sports betting platform providers and service providers, and sports betting suppliers;
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(6) the testing and auditing requirements for licensees, including requirements related
to mobile sports betting accounts;
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(7) the creation, funding, and use of mobile sports betting accounts, debit cards, and
checks by authorized participants provided that the rules permit an authorized participant
to fund a mobile sports betting account through a bonus or promotion, electronic bank
transfer, an online or mobile payment system that supports online money transfers, a
reloadable or prepaid card, and any other appropriate means approved by the commissioner
other than the use of credit cards;
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(8) the appropriate standards and practices to prevent and address compulsive and
problem gambling;
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(9) the appropriate standards and practices to prevent and address sports betting by
individuals who are not authorized participants or who are otherwise disqualified, prohibited,
or excluded from placing a wager on a sporting event;
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(10) the sporting events as approved by the commissioner on which wagers are authorized
to be placed;
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(11) the requirements for obtaining and retaining master mobile sports betting licenses,
mobile sports betting operator licenses, racetrack sports betting licenses, mobile sports
betting platform provider and service provider licenses, and sports wagering supplier licenses,
including requirements for criminal and financial background checks, financial disclosure
and auditing requirements, data practices and security requirements, bonding or other surety
requirements, and the conduct of inspections;
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(12) the requirements for mobile sports betting platform provider and service provider
licensees to provide equipment and supplies used in sports betting;
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(13) the requirements for sports wagering supplier licensees to provide services, goods,
software, or any other product or information necessary to conduct sports betting or determine
the outcome of wagers;
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(14) the requirements for employees of master mobile sports betting licensees, racetracks,
and mobile sports betting operators whose exclusive or primary responsibilities involve
sports betting, including minimum age requirements, criminal background checks, and
retention of documents related to the employees;
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(15) the appropriate limits, requirements, standards, and regulations related to marketing
and advertising, developed in consultation with the state affiliate recognized by the National
Council on Problem Gambling; and
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(16) the limits and requirements related to advertising, including:
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(i) rules that prohibit depicting an individual under age 21 engaging in sports betting;
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(ii) rules that prohibit advertisement in any print publication or on radio, television, or
any other medium if the targeted audience of that medium is reasonably expected to be
individuals who are under age 21; and
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(iii) rules that establish what warnings and other information an advertisement must
contain.
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(b) Rules for which notice is published in the State Register before January 1, 2023,
may be adopted using the expedited rulemaking process in section 14.389.
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The commissioner may delegate any of its authority under this
chapter to the director if, in the judgment of the commissioner, doing so would promote the
efficient administration of this chapter.
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(a) A sports governing body may
request that the commissioner prohibit wagers on a particular sporting event, or prohibit or
restrict particular types of wagers.
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(b) Requests from a sports governing body shall be made in the form and manner
established by the commissioner.
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(c) Upon receipt of a request made under this subdivision, the commissioner shall send
written notice to every mobile sports betting operator and racetrack, provide mobile sports
betting operators and racetracks with an opportunity to respond to the request, and consider
any timely response submitted by a mobile sports betting operator or racetrack. The
commissioner may not take action without providing mobile sports betting operators and
racetracks with an opportunity to respond, but may establish reasonable deadlines for the
response based on the nature of the request and any exigent circumstances that exist.
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(d) If the commissioner determines that the sports governing body has shown good cause
to support the requested prohibition or restriction, the commissioner shall adopt the
prohibition or restriction and send notice of the prohibition or restriction to every mobile
sports betting operator and racetracks. If the commissioner determines that the sports
governing body has not shown good cause to support the requested prohibition or restriction,
the commissioner shall provide the sports governing body with notice and an opportunity
for a hearing to offer further evidence in support of its request. The commissioner shall
provide the master mobile sports betting licensees and mobile sports betting operators and
racetracks with notice of the hearing and an opportunity to participate.
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(a) The commissioner shall issue the following licenses for sports betting:
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(1) up to 11 mobile sports betting operator licenses, one to each of the 11 Indian Tribes;
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(2) up to 11 partnership licenses, one to each of the 11 Indian Tribes;
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(3) up to two racetrack sports betting licenses;
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(4) team sports betting licenses;
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(5) major event sports betting licenses;
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(6) mobile sports betting platform provider and service provider licenses; and
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(7) sports betting supplier licenses.
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(b) Licenses issued under sections 299L.10 to 299L.80 may not be transferred.
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(a) A licensee or applicant must meet each of
the following requirements, if applicable, to hold or receive a license issued under sections
299L.10 to 299L.80:
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(1) have completed an application for licensure or application for renewal;
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(2) have paid the applicable application and licensing fees;
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(3) not be employed by any state agency with regulatory authority over mobile sports
betting;
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(4) not owe $500 or more in delinquent taxes, as defined in section 270C.72;
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(5) not have had a sales and use tax permit revoked by the commissioner of revenue
within the past two years; and
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(6) not have, after demand, failed to file tax returns required by the commissioner of
revenue.
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(b) The requirements under paragraph (a) apply to the applicant or licensee, or a director,
officer, partner, member of the governing body for the applicant or licensee, person in a
supervisory or management position of the applicant or licensee, or any direct or indirect
holder of more than ten percent financial interest in the applicant or licensee.
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(a) No person may hold or receive a
license issued under sections 299L.10 to 299L.80 if the person has been convicted of, or
received a stay of adjudication for, a violation of a state or federal law that:
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(1) is a felony, other than any act that would be a violation of section 152.025 under
Minnesota law;
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(2) is a crime involving gambling; or
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(3) is a crime involving theft or fraud that would be a gross misdemeanor or felony under
Minnesota law.
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(b) The requirements under paragraph (a) apply to the applicant or licensee, or a director,
officer, partner, member of the governing body for the applicant or licensee, person in a
supervisory or management position of the applicant or licensee, or any direct or indirect
holder of more than ten percent financial interest in the applicant or licensee.
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The commissioner shall perform a background
investigation on applicants for a license or license renewal and on each director, officer,
partner, member of the governing body for the applicant or licensee, person in a supervisory
or management position of the applicant or licensee, or any direct or indirect holder of more
than ten percent financial interest in the applicant or licensee. The commissioner may request
the director and the commissioner of revenue to assist in investigating the background of
an applicant or a licensee under this section. The commissioner may charge an applicant
an investigation fee to cover the cost of the investigation and shall from this fee reimburse
the Division of Alcohol and Gambling Enforcement and the Department of Revenue for
their respective shares of the cost of the investigation. The commissioner is authorized to
have access to all data compiled by the Division of Alcohol and Gambling Enforcement on
licensees and applicants.
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The commissioner must perform a criminal
history record check on each officer, director, or stakeholder with more than ten percent
interest in the licensee or applicant. The records check must include a criminal history check
of the state and federal criminal records. The applicant or licensee must provide signed
consent for the national criminal history records check and fingerprints for each person
subject to a check under this subdivision. The director shall assist in performing the criminal
history records check. The director may charge an applicant a fee to cover the cost of the
criminal history record check, and shall from this fee reimburse the Division of Alcohol
and Gambling Enforcement for its share of the cost of the investigation. The commissioner
or the director must submit the signed informed consent, fingerprints, and Bureau of Criminal
Apprehension and Federal Bureau of Investigation fees to the superintendent of the Bureau
of Criminal Apprehension who is authorized to exchange the fingerprints with the Federal
Bureau of Investigation to obtain the applicant's national criminal history data. The
superintendent of the Bureau of Criminal Apprehension shall retrieve Minnesota criminal
history data and shall provide the results of the state and federal criminal history record
check to the director. The commissioner is authorized to have access to all criminal history
data compiled on licensees and applicants by the Division of Alcohol and Gambling
Enforcement, including criminal history data on each officer, director, or stakeholder with
more than ten percent interest in the licensee or applicant.
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An application for a license under sections
299L.10 to 299L.80 must be submitted on a form prescribed by the commissioner. At a
minimum, the application must include:
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(1) the name and address of the applicant and, if it is a corporation, the names of all
officers, directors, and shareholders with more than ten percent interest in the corporation
and any of its holding companies;
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(2) the type of license being sought;
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(3) if required by the commissioner, the names of any person holding directly, indirectly,
or beneficially an interest of any kind in the applicant or any of its holding corporations,
whether the interest is financial, administrative, policy making, or supervisory, provided
that this provision does not extend to individual Tribal members whose only relation to the
applicant is their membership in their respective Tribal Nations;
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(4) an affidavit executed by the applicant setting forth that, to the best of the applicant's
knowledge, no officer, director, or other person with a present direct or indirect financial
or management interest in the applicant:
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(i) is in default in the payment of an obligation or debt to the state;
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(ii) has ever been convicted of a crime listed in section 299L.25, subdivision 2, paragraph
(a), or has a state or federal charge for one of those crimes pending;
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(iii) is or has been convicted of engaging in an illegal business;
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(iv) has ever been found guilty of fraud or misrepresentation in connection with wagering;
or
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(v) has ever knowingly violated a rule or order of the commissioner or a law of Minnesota
relating to wagering;
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(5) an irrevocable consent statement, signed by the applicant, which states that suits and
actions limited to the enforcement of this chapter may be commenced against the applicant
by the commissioner in any court of competent jurisdiction in this state by the service on
the secretary of state of any summons, process, or pleadings authorized by the laws of this
state. If any summons, process, or pleadings is served upon the secretary of state, it must
be by duplicate copies. One copy must be retained in the Office of the Secretary of State
and the other copy must be forwarded immediately by certified mail to the address of the
applicant, as shown by the records of the commissioner;
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(6) a declaration that the laws of the state of Minnesota will be followed, including any
applicable provisions of the Minnesota Human Rights Act, chapter 363A; and
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(7) any additional information required for the specific license the applicant is seeking.
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(a) Applicants must submit all required information to
the commissioner on the forms and in the manner prescribed by the commissioner.
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(b) If the commissioner receives an application that fails to provide the required
information, the commissioner shall issue a deficiency notice to the applicant. The applicant
shall have ten business days from the date of the deficiency notice to submit the required
information.
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(c) Failure by an applicant to submit all required information will result in the application
being rejected.
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(d) Within 90 days of receiving a completed application, the commissioner shall issue
the appropriate license or send the applicant a notice of rejection setting forth specific
reasons why the commissioner did not approve the application.
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(e) An applicant whose application is not approved may reapply at any time, but must
submit a new application and pay an additional application fee.
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(a) During the pendency of an application and at any time after a license has been issued,
an applicant or licensee shall notify the commissioner of any changes to the information
provided under section 299L.25 or 299L.26.
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(b) If a change in the officers, directors, shareholders, or other persons with a present
direct or indirect financial or management interest in a licensee, or a change of ownership
of more than ten percent of the shares of the licensee is made after the application for a
license is filed or a license is issued, the applicant or licensee must notify the commissioner
of the changes within ten days of their occurrence and submit a new affidavit as required
by section 299L.26, subdivision 1, clause 4.
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The commissioner may issue up to 11 mobile sports betting
operator licenses. Each Indian Tribe is eligible for one mobile sports betting operator license.
A mobile sports betting operator license is valid for one year and may be renewed under
conditions required by rule adopted pursuant to section 299L.15.
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A mobile sports betting operator license entitles the licensee
to:
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(1) operate, conduct, or offer for play mobile sports betting in Minnesota;
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(2) contract with licensed mobile sports betting platform providers and service providers
to facilitate the acceptance of wagers on behalf of the mobile sports betting operator;
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(3) contract with licensed sports betting suppliers; and
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(4) perform any other actions approved by the commissioner to ensure that mobile sports
betting is conducted in a fair, lawful, and transparent manner.
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A mobile sports betting operator must:
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(1) be an entity wholly owned and controlled by an Indian Tribe or an entity wholly
owned and controlled by multiple Indian Tribes;
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(2) submit a completed application and all required documents or other materials pursuant
to sections 299L.25 and 299L.26 and any relevant rules;
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(3) submit a detailed plan and specifications for the implementation of mobile sports
betting;
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(4) include mechanisms on its mobile sports betting platform that are designed to detect
and prevent the unauthorized use of Internet sports betting accounts and to detect and prevent
fraud, money laundering, and collusion, or require a contracted mobile sports betting platform
provider to include those mechanisms;
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(5) submit a statement of the assets and liabilities of the mobile sports betting operator
to the commissioner;
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(6) not be disqualified under section 299L.25 or any relevant rules;
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(7) pay an annual licensing fee in the amount of $2,125; and
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(8) meet any other conditions required by rule adopted pursuant to section 299L.15.
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A mobile sports betting operator must report to the commissioner
monthly on wagers placed and redeemed during the reporting month.
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The commissioner may issue up to 11 mobile sports betting
partnership licenses to Indian Tribes. Each Indian Tribe is eligible for one license under
this section. The partnership license is valid for one year and may be renewed under
conditions required by rule adopted under section 299L.15.
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A partnership license entitles the licensee to:
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(1) offer mobile sports betting through a business arrangement with one owner of one
other entity that must be a professional Minnesota sports team, a racetrack, or a major
sporting event;
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(2) contract with licensed mobile sports betting platform providers and service providers
to facilitate the acceptance of wagers on behalf of the business arrangement;
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(3) contract with licensed sports betting suppliers; and
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(4) perform any other actions approved by the commissioner to ensure that mobile sports
betting through the partnership is conducted in a fair, lawful, and transparent manner.
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An Indian Tribe's business arrangement with the owner of the
team, racetrack, or sporting event, under subdivision 2, clause (1), may be through the
formation of a partnership, corporation, or other legal business entity or may be a contractual
arrangement.
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To obtain a mobile sports betting partnership license,
an Indian Tribe must:
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(1) submit a completed application and all required documents or other materials under
sections 299L.25 and 299L.26 and any relevant rules;
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(2) submit a detailed plan and specifications for the implementation of the partnership's
mobile sports betting;
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(3) include mechanisms on the mobile sports betting platform, through which sports
betting authorized under the partnership license will be conducted, that are designed to
detect and prevent the unauthorized use of Internet sports betting accounts and to detect
and prevent fraud, money laundering, and collusion, or required a contracted mobile sports
betting platform provider to include those mechanisms;
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(4) submit a statement of the assets and liabilities to the commissioner;
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(5) not involve a party disqualified under section 299L.25 or any relevant rules;
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(6) pay an annual licensing fee in the amount of $.......; and
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(7) meet any other conditions required by rule adopted under section 299L.15.
new text end
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An Indian Tribe licensed under this section must report to the
commissioner monthly on wagers placed and redeemed during the reporting month and
outstanding at the time of the report.
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The commissioner may issue up to two racetrack sports betting
licenses. A license under this section permits a racetrack to accept wagers on the premises
of the racetrack.
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A racetrack sports betting license entitles the licensee to:
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(1) contract with licensed mobile sports betting platform providers and service providers
to facilitate the acceptance of wagers on behalf of the racetrack;
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(2) contract with licensed sports betting suppliers; and
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(3) perform any other activities approved by the commissioner to ensure that sports
betting is conducted in a fair, lawful, and transparent manner.
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To be eligible to be licensed under this section, the
racetrack must:
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(1) submit a completed application and all required documents and other materials under
sections 299L.25 and 299L.26 and applicable rules;
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(2) submit a detailed plan and specifications for the implementation of sports betting on
the premises of the racetrack, including protocols for detecting fraud, money laundering,
and collusion;
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(3) submit a statement of the assets and liabilities of the racetrack's sports betting
operation;
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(4) not be disqualified under section 299L.25 or applicable rules;
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(5) pay an annual licensing fee in the amount of $.......; and
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(6) meet conditions required by rule adopted under section 299L.15.
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A racetrack sports betting license under this section is valid for one year and may be renewed
under conditions required by rule adopted under section 299L.15.
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A racetrack licensed for sports betting under this section must report
to the commissioner monthly on wagers placed and redeemed during the reporting month
and outstanding at the time of the report.
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The commissioner may issue a sports betting license to the
owner of a professional sports team that has its home playing facility in Minnesota. A license
under this section permits the licensee to accept in-person wagers in the facility at which
the team plays its home games or matches.
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For purposes of this section, a person with a controlling interest
in a professional sports team is the owner.
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A team sports betting license entitles the licensee to:
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(1) contract with licensed sports betting platform providers and service providers to
facilitate the acceptance of wagers on behalf of the team;
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(2) contract with licensed sports betting suppliers; and
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(3) perform any other activities approved by the commissioner to ensure that sports
betting is conducted in a fair, lawful, and transparent manner.
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To be eligible for a license under this section, the
team owner must:
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(1) submit a completed application and all required documents and other materials under
sections 299L.25 and 299L.26 and applicable rules;
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(2) submit a detailed plan and specifications for the implementation of sports betting on
the premises of the team's home facility, including protocols for detecting fraud, money
laundering, and collusion;
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(3) submit a statement of the assets and liabilities of the team's sports betting operation;
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(4) not be disqualified under section 299L.25 or applicable rules;
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(5) pay an annual licensing fee in the amount of $.......; and
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(6) meet conditions required by rule adopted under section 299L.15.
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A team license under this section is valid for one year and may be renewed under conditions
required by rule adopted under section 299L.15.
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The commissioner may issue a temporary sports betting license
to the owner of a major sporting event. A license under this section permits the licensee to
accept in-person wagers in a facility in the state at which a major sporting event is played.
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For purposes of this section, a person with a controlling interest
in a major sporting event is the owner.
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An event sports betting license entitles the licensee to:
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(1) contract with licensed sports betting platform providers and service providers to
facilitate the acceptance of wagers on behalf of the team;
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(2) contract with licensed sports betting suppliers; and
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(3) perform any other activities approved by the commissioner to ensure that sports
betting is conducted in a fair, lawful, and transparent manner.
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To be eligible for a license under this section, the
event owner must:
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(1) submit a completed application and all required documents and other materials under
sections 299L.25 and 299L.26 and applicable rules;
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(2) submit a detailed plan and specifications for the implementation of sports betting on
the premises of the facility at which a major sporting event is played, including protocols
for detecting fraud, money laundering, and collusion;
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(3) submit a statement of the assets and liabilities of the event owner's sports betting
operation;
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(4) not be disqualified under section 299L.25 or applicable rules;
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(5) pay an annual licensing fee in the amount of $.......; and
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(6) meet conditions required by rule adopted under section 299L.15.
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An event license under this section is valid for one year and may be renewed under conditions
required by rule adopted under section 299L.15.
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If a team licensed under section 299L.296 is a competitor
in a major sporting event played in the state for which an event license is issued under this
section, both the team and the sporting event may offer in-person betting at the facility or
may cooperate to offer in-person betting at the facility under an agreement approved by the
commissioner for sharing responsibilities for licensee obligations.
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A license under this section is temporary. The commissioner may
set the effective date and the expiration date of the license for each event.
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The commissioner may issue mobile sports betting platform
provider and service provider licenses that are valid for one year. A mobile sports betting
platform provider and service provider license may be renewed under conditions required
by rule adopted pursuant to section 299L.15.
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A mobile sports betting platform provider or service
provider license entitles the licensee to provide sports betting platforms, sports betting
technology, sports betting applications, or associated mobile sports betting hardware,
software, or equipment to mobile sports betting operators. A mobile sports betting platform
provider may operate its platform under its own brand.
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A mobile sports betting operator platform provider
or service provider must:
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(1) submit a completed application and all required documents or other materials pursuant
to sections 299L.25 and 299L.26 and any relevant rules;
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(2) not be disqualified under section 299L.25 or any relevant rules;
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(3) pay an application fee of $....... with submission of an application;
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(4) pay a licensing fee after the application is approved in the amount of $....... or a
license renewal fee of $.......; and
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(5) meet any other conditions required by rule adopted pursuant to section 299L.15.
new text end
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The commissioner may issue sports betting supplier licenses
that are valid for one year. A sports betting supplier license may be renewed under conditions
required by rule adopted pursuant to section 299L.15.
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A sports betting supplier license entitles the licensee to
either directly or indirectly provide mobile sports betting operators with information and
support necessary to offer mobile sports betting. Information and support may be provided
in the form of services, goods, or software, and may include data feeds and odds services,
risk management, and integrity monitoring.
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(a) A mobile sports betting supplier must:
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(1) submit a completed application and all required documents for the applicant's principal
owners who directly own ten percent or more of the applicant and the applicant's officers;
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(2) pay an application fee of $....... with submission of an application;
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(3) pay a licensing fee after the application is approved in the amount of $....... or a
license renewal fee of $.......; and
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(4) meet any other conditions required by rule adopted pursuant to section 299L.15.
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(b) Provided an application has been completed to the satisfaction of the commissioner,
disclosure of the following public information may be waived:
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(1) statutorily authorized pension investment boards that are direct or indirect shareholders
of an applicant; and
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(2) investment funds or entities registered with the Securities and Exchange Commission,
including any investment advisors or entities under the management of an entity registered
with the Securities and Exchange Commission, that are direct or indirect shareholders of
the applicant.
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Application, license, and renewal fees shall be deposited in the sports betting revenue
account in the special revenue fund.
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No licensee or
other person shall publish or cause to be published an advertisement for sports betting that:
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(1) depicts a person under age 21 engaging in sports betting or mobile sports betting;
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(2) includes an image that is designed to be appealing to individuals under age 21 or
encourage sports betting by individuals under age 21; or
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(3) is in any print publication or on radio, television, or any other medium that appeals
primarily to individuals who are under age 21.
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No
licensee or other person shall publish or cause to be published an advertisement for sports
betting that intentionally targets individuals who are disqualified, prohibited, or excluded
from placing a wager on a sporting event for any reason, including being identified on the
exclusion list identified in section 299L.45, subdivision 1. Licensees shall not target
advertising and marketing to such persons through direct messaging, text, or email.
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No licensee or other person shall
publish or cause to be published an advertisement for sports betting that contains false or
misleading claims or which contains statements, words, or pictures of an obscene, indecent,
or immoral character, or such as would offend public morals or decency.
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An individual who is 21 years of age or older may place
wagers pursuant to sections 299L.10 to 299L.80 provided the individual is not otherwise
disqualified, prohibited, or excluded from doing so.
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A racetrack, mobile sports betting operator, or mobile sports
betting platform provider on behalf of a mobile sports betting operator may only accept
wagers of a type previously approved by the commissioner. Wager types that the
commissioner may approve include but are not limited to the following:
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(1) a wager that a participant or participating team will win a sporting event or will win
by a specified number of points;
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(2) a wager as to whether the total points scored in a sporting event will be higher or
lower than a number specified;
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(3) a wager on an outcome contingency or proposition incidental to a sporting event,
series, tournament, or season for which the outcome is published in newspapers of general
circulation or in records made publicly available by the league or governing body for the
event;
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(4) a wager on the outcome of a series of two or more sporting events or a series of two
or more contingencies incidental to a sporting event;
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(5) in-game betting or in-play betting;
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(6) futures bets placed on end of the season standings, awards, or statistics; and
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(7) a wager that a participant or participating team will win an esports event or will win
by a specified number of points.
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An individual may establish
a mobile sports betting account by electronic means from any location, and may fund an
account by any means approved by the commissioner.
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(a) A licensee under this
chapter must not accept a wager unless the authorized participant provides consideration
in the form of funds or other thing of value such as use of free bets or promotional credits
from their mobile sports betting account at the time of or before making the wager.
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(b) Consideration must be in the form of withdrawal from a mobile sports betting account
maintained by a licensed mobile sports betting operator or a licensed mobile sports betting
platform provider for the benefit of and in the name of the wagerer.
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(c) A licensee under this chapter shall verify an individual's age and identity before
allowing that individual to place a wager and may utilize an approved identity verification
service provider to confirm an individual's age and identity.
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(d) A person shall have the right to withdraw the balance of funds in the mobile sports
betting account in the person's name at any time with proof of identity, as determined by
rules adopted pursuant to section 299L.15.
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(a) Mobile sports betting wagers regulated under sections
299L.10 to 299L.80 may only be accepted from a person placing a wager online, through
a website or mobile application, while the person placing the wager is physically within the
state. The website or application may be hosted by a mobile sports betting operator operating
in conjunction with a mobile sports betting platform provider. The incidental routing of a
mobile sports wager shall not determine the location or locations in which the wager is
initiated, received, or otherwise made.
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(b) In-person wagers regulated under sections 299L.10 to 299L.80 may only be accepted
as follows:
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(1) by a racetrack, licensed under section 299L.295, at a racetrack;
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(2) by a team owner, licensed under section 299L.296, at the team's home facility; and
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(3) by the owner of a major sporting event, licensed under section 299L.297, at a facility
in the state hosting the major sporting event.
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A licensee under this chapter
must disclose the betting line and terms of a wager prior to accepting a wager. Terms of the
wager include the ratio of the amount to be paid for winning to the wagered amount.
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A licensee under this chapter must not accept a wager
on the outcome of an event or proposition that has already been determined.
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A licensee under this chapter that accepts a wager must provide a
person who places a wager with an electronic receipt at the time of sale that contains the
following information:
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(1) the sporting event or proposition that is the subject of the wager;
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(2) the outcome that will constitute a win on the wager;
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(3) the amount wagered; and
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(4) the payout in the event of a winning wager.
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(a) The commissioner shall maintain a list of persons who
are not eligible to wager on sporting events through a mobile sports betting operator or
racetrack. The list shall include the names of:
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(1) persons who have themselves requested to be on the exclusion list;
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(2) persons whose names have been submitted, for their protection, by their legal
guardians; and
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(3) persons whose names have been submitted by a licensee under this chapter.
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(b) A person who has requested to be on the exclusion list may specify a time limit of
one, three, or five years for the person's name to be on the list. The commissioner will
remove the person's name from the list at the conclusion of the specified time. A person
may be removed from the list before the specified time by providing proof of completion
of a class approved by the commission to address compulsive gambling.
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(c) The information contained on the list is private data on individuals, as defined in
section 13.02, subdivision 12, except the commissioner is permitted to share the list with
mobile sports betting operators and racetracks as needed to prevent persons on the exclusion
list from placing sports betting wagers.
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(d) The commissioner must send by certified mail a written letter to any person that has
been added to the list under paragraph (a), clause (2) or (3), providing notification that the
person has been added to the exclusion list. The commissioner must send this notice within
ten days of adding the person to the exclusion list.
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The following individuals who are otherwise authorized
to place wagers are prohibited from placing the wagers described:
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(1) an individual who is prohibited from placing wagers by a licensee under this chapter
for good cause, including but not limited to any individual placing a wager as an agent or
proxy on behalf of another may not place a wager of any kind;
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(2) an individual who is an athlete, coach, referee, player, trainer, or team employee is
prohibited from wagering on a sporting event overseen by that person's sports governing
body;
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(3) an individual who holds a position of authority sufficient to exert influence over the
participants in a sporting event, including, but not limited to, a coach, manager, or owner
is prohibited from wagering on that sporting event; and
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(4) an individual who has access to certain types of exclusive or nonpublic information
regarding a sporting event is prohibited from wagering on that sporting event and any other
sporting event overseen by the sports governing body of that sporting event.
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(a) A licensee under this chapter shall not
knowingly accept a wager from a person on the exclusion list or allow a person on the
exclusion list to establish a mobile sports betting account.
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(b) A licensee under this chapter shall not knowingly accept a wager prohibited under
subdivision 2 from any individual who can reasonably be identified by publicly available
information or by any lists provided to the commissioner.
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(c) Knowingly accepting a wager from a person on the exclusion list is a license violation,
subject to a penalty established by the commissioner.
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A wager on a sporting
event placed with a licensee under this chapter is an enforceable contract. A licensee under
this chapter who accepts a wager bears all risk of loss to satisfy winnings on the wager. A
wager that is not redeemed within one year of the outcome that is the subject of the wager
may be canceled by the racetrack, team owner, mobile sports betting operator, or mobile
sports betting platform provider.
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(a) A licensee under this chapter shall, in conjunction with the
mobile sports betting platform provider, maintain cash reserves in an amount that is not less
than the greater of $25,000 or the sum of the following two amounts:
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(1) amounts accepted by a licensee under this chapter as wagers on contingencies whose
outcome have not been determined; and
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(2) amounts owed but unpaid by a licensee under this chapter on winning wagers through
the period established by the operator, subject to time limits set by the commissioner, for
honoring winning wagers.
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(b) Such reserves shall be held in the form of cash or cash equivalents segregated from
operational funds, payment processor reserves and receivables, any bond, an irrevocable
letter of credit, or any combination thereof.
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A licensee under this chapter that accepts wagers shall be required to
post a bond, securities, or an irrevocable letter of credit in an amount the commissioner
deems necessary after taking into consideration the amount of the cash reserves of a licensee
under this chapter, to protect the financial interests of people wagering on sporting events.
If securities are deposited or an irrevocable letter of credit filed, the securities or letter of
credit must be of a type or in the form provided under section 349A.07, subdivision 5,
paragraphs (b) and (c).
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Each racetrack, team owner, event owner, mobile sports betting operator, or mobile
sports betting platform provider must contract with a licensed independent integrity
monitoring provider in order to identify any unusual betting activity or patterns that may
indicate a need for further investigation. The commissioner shall establish minimum standards
requiring each racetrack, team owner, mobile sports betting operator, or mobile sports betting
platform provider to participate in the monitoring system as part of that licensee's minimum
internal control standards. The commissioner shall immediately report any suspicious
wagering to the appropriate state or federal authorities.
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The commissioner, the commissioner of revenue, and the
director are authorized to inspect the accounting records of licensees at any time provided
the licensee is given notice at least 24 hours before the inspection. This provision only
applies to mobile sports betting operations and the records of a racetrack, team owner, or
event owner that relate to sports betting and does not authorize the inspection of records
related to Tribal gaming operations, Tribal governmental records, or Class III sports betting
operations conducted exclusively on Indian Lands.
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To ensure compliance with this chapter and rules adopted under
this chapter, a mobile sports betting operator and racetrack must contract with an independent
third party to perform a financial audit, consistent with the standards established by the
Public Company Accounting Oversight Board or using the Statements on Accounting
standards issued by the Audit Standards Board of the American Institute of Certified Public
Accountants. The mobile sports betting operator and racetrack must submit the audit to the
commissioner for examination and inspection within 120 days of the end of its fiscal year.
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The commissioner must adopt rules that provide
a graduated schedule of penalties for violations of license requirements under statute or
rule. The schedule must specify penalties that may range from warnings and probation
periods to civil fines, temporary suspension of licenses, or revocation of licenses.
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(a) The commissioner may issue administrative orders, impose
civil penalties, and suspend, revoke, or not renew a license issued pursuant to sections
299L.10 to 299L.80 if the commissioner determines that a licensee has committed or is
about to commit a violation of those sections or rules adopted pursuant to those sections,
or if the commissioner determines that the licensee is disqualified or ineligible to hold a
license pursuant to section 299L.25 or 299L.26. A conviction for a violation of section
299L.80 is not required for the commissioner to take action on a violation.
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(b) Enforcement actions, license suspensions, license revocations, or license nonrenewals
related to a specific mobile sports betting operator or racetrack shall not impact or limit the
ability of another mobile sports betting operator or racetrack to conduct, offer, or offer for
play mobile sports betting.
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(a) The commissioner may temporarily, without
hearing, suspend the license and operating privilege of any licensee for a period of up to 90
days if there is clear and convincing evidence that:
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(1) conduct of a licensee, or anticipated failure of a licensee to fulfill an obligation,
requires immediate action to protect the public from harm;
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(2) the licensee has not timely filed a tax return or paid the tax required under chapter
297J; or
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(3) the licensee has not timely paid all fees due under sections 299L.10 to 299L.80.
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(b) The commissioner shall notify the licensee of the violation that caused the temporary
suspension and may lift the temporary suspension if the licensee corrects the violation.
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(c) The commissioner may extend the period of suspension if the violation is not
corrected, the commissioner notifies the business that it intends to revoke or not renew a
license, and a contested case hearing has not taken place.
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(a) The commissioner may issue an administrative order to any
licensee who has committed a violation. The order may require the licensee to correct the
violation or to cease and desist from committing the violation and may impose civil penalties.
The order must state the deficiencies that constitute a violation, the time by which the
violation must be corrected, and the amount of any civil penalty.
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(b) If the licensee believes the information in the administrative order is in error, the
licensee may ask the commissioner to reconsider any parts of the order that are alleged to
be in error. The request must be in writing, delivered to the commissioner by certified mail
within seven days after receipt of the order, and provide documentation to support the
allegation of error. The commissioner must respond to a request for reconsideration within
15 days after receiving the request. A request for reconsideration does not stay the order
unless the commissioner issues a supplemental order granting additional time. The
commissioner's disposition of a request for reconsideration is final.
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(c) An administrative order that imposes a civil penalty of more than $2,000 shall be
treated as a contested case under chapter 14.
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(d) A licensee may request a hearing on the administrative order within 30 days of the
service of the order. The request must be in writing and delivered to the commissioner by
certified mail. If the licensee does not request a hearing within 30 days, the order becomes
final.
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(e) If the licensee requests a hearing, the hearing must be held not later than 30 days
after the commissioner receives the request unless the licensee and the commissioner agree
on a later date. After the hearing, the commissioner may enter an order making such
disposition as the facts require. If the licensee fails to appear at the hearing after having
been notified of it, the licensee is considered in default and the proceeding may be determined
against the licensee on consideration of the administrative order, the allegations of which
may be considered to be true. An action of the commissioner under this paragraph is subject
to judicial review pursuant to chapter 14.
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(f) Civil penalties collected by the commissioner shall be deposited in the general fund.
Civil penalties may be recovered in a civil action in the name of the state brought in the
district court.
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If the commissioner
intends to revoke or not renew a license, or impose a civil penalty in excess of $2,000, the
commissioner shall provide the licensee with a statement of the complaints made against
the licensee and shall initiate a contested case proceeding. The contested case shall be held
pursuant to chapter 14.
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In addition to penalties listed in this section, a person or licensee
who violates the provisions of sections 299L.10 to 299L.80 is subject to any applicable
criminal penalty.
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By June 1 of each year, the commissioner must submit
a report to the chairs and ranking minority members of the legislative committees with
jurisdiction over public safety, the legislative committees with jurisdiction over taxes, the
committee in the house of representatives with jurisdiction over commerce, the committee
in the senate with jurisdiction over state government finance and policy, the committee in
the house of representatives with jurisdiction over ways and means, and the committee in
the senate with jurisdiction over finance. The report must describe the activities of the
commissioner with respect to wagering on sporting events and include summary financial
information on sports betting and the regulated sports betting industry as a whole. The report
must not include information or data on individuals or entities that is classified as private
data under section 299L.70 or separately list the earnings, wagers, or tax revenue generated
by or use identifying information for specific mobile sports betting operators or specific
master mobile sports betting licensees.
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By February 1 of each year beginning in 2023, the
commissioner shall submit a report to the chairs and ranking minority members of the
committees in the house of representatives and the senate with jurisdiction over public
safety, the committee in the house of representatives with jurisdiction over commerce, and
the committee in the senate with jurisdiction over state government finance and policy on
the following:
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(1) the status of applications for licenses issued by the commissioner, including the
number of applications for each type of license, the number of licenses of each type issued,
and the average time between receipt of a complete application and issuance of each type
of license;
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(2) an overview of the sports betting market, including but not limited to the actual and
anticipated demand;
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(3) the amount of revenue generated to the state by sports betting and the expenses
incurred by the commissioner in enforcing restrictions on lawful sports betting; and
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(4) the commissioner's enforcement actions taken against persons licensed under sections
299L.10 to 299L.80 for licensing violations, including violations of the rules adopted under
section 299L.15.
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Data in which an individual who has wagered on sporting
events is identified by name, account number, Social Security number, or any other uniquely
identifying indicia, is private data on individuals, as defined in section 13.02, subdivision
12. Data on individual earnings of mobile sports betting operators, mobile sports betting
operator application and licensing information, and all Tribal revenue records unassociated
with mobile sports betting operators is nonpublic data, as defined in section 13.02, subdivision
9.
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The commissioner shall revoke any license
issued under sections 299L.10 to 299L.80 of a person who sells private data on the individuals
collected through the practice of sports betting.
new text end
new text begin
No political subdivision may require a local license to offer sports betting or impose a
tax or fee on the sports betting conducted pursuant to this chapter.
new text end
new text begin
The governor or the governor's designated representatives shall negotiate in good faith
new Tribal-state compacts regulating the conduct of Class III sports betting on the Indian
Lands of an Indian Tribe requesting negotiations, under Minnesota Statutes, section 3.9221.
Compacts in effect on January 1, 2022, shall not be modified to accommodate sports betting.
new text end
new text begin
Unless otherwise defined in this chapter, or unless the context clearly indicates otherwise,
the following terms have the meanings given:
new text end
new text begin
(1) "casino" has the meaning given in section 299L.10, subdivision 4;
new text end
new text begin
(2) "commissioner" means the commissioner of revenue;
new text end
new text begin
(3) "mobile sports betting operator" has the meaning given in section 299L.10, subdivision
15;
new text end
new text begin
(4) "racetrack" has the meaning given in section 299L.10, subdivision 19;
new text end
new text begin
(5) "sporting event" has the meaning given in section 299L.10, subdivision 20;
new text end
new text begin
(6) "sports betting" has the meaning given in section 299L.10, subdivision 21;
new text end
new text begin
(7) "sports betting net revenue" means the total of all cash and cash equivalents received
in a month by a mobile sports betting operator and by a racetrack from wagers on sporting
events, less the following:
new text end
new text begin
(i) cash paid out as winnings in the month;
new text end
new text begin
(ii) the cash equivalent of noncash prizes paid out as winnings in the month; and
new text end
new text begin
(iii) all excise taxes paid pursuant to federal law.
new text end
new text begin
Sports betting net revenue does not include promotional credits or free bets that are used
toward wagering on sporting events, or other cash and cash equivalents received by a mobile
sports betting operator for activities other than sports betting; and
new text end
new text begin
(8) "wager" has the meaning given in section 299L.10, subdivision 23.
new text end
new text begin
This section is effective for sports betting net revenue received
after June 30, 2024.
new text end
new text begin
(a) Except as provided in paragraph (b), a tax is imposed
on sports betting net revenue received equal to ten percent on wagers placed online through
a website or mobile sports betting platform, as allowed under section 299L.40, subdivision
5, paragraph (a), or in person, as allowed under section 299L.40, subdivision 5, paragraph
(b).
new text end
new text begin
(b) Any wager placed on Indian Lands is not subject to state taxation. For purposes of
this chapter, a wager is placed at the physical location of the individual placing the wager.
new text end
new text begin
Income derived by a
racetrack or mobile sports betting operator from the conduct of wagering on a sporting event
is not subject to the tax imposed in chapter 290. Wagers accepted by a mobile sports betting
operator are not subject to the tax imposed in section 297A.62 or 297E.03.
new text end
new text begin
A racetrack or mobile sports betting operator must file a
return by the 20th day of each month reporting the tax due under this section for the preceding
month. The return must include the amount of all wagers received, payouts made, all sports
betting taxes owed, and other information required by the commissioner. If a mobile sports
betting operator's sports betting net revenue for a month is a negative number, the mobile
sports betting operator may carry over the negative amount to a return filed for a subsequent
month and deduct the amount from its tax liability for the month, provided that the amount
shall not be carried over and deducted against tax liability in any month that is more than
12 months later than the month in which the amount was accrued. The tax under this chapter
is due to be paid to the commissioner on the day the return is due.
new text end
new text begin
All records concerning the administration of taxes under
this chapter are classified as public information.
new text end
new text begin
A person who has, under this chapter, paid to the commissioner an
amount of tax for a period in excess of the amount legally due for that period may file with
the commissioner a claim for a refund of the excess. The amount necessary to pay the refunds
under this subdivision is appropriated from the sports betting revenue account established
in subdivision 7 to the commissioner.
new text end
new text begin
If in the commissioner's judgment good cause exists, the
commissioner may extend the time for filing tax returns, paying taxes, or both under this
section for not more than six months.
new text end
new text begin
(a) All amounts collected by the commissioner under
this chapter must be deposited in the special revenue fund and distributed as provided in
this subdivision.
new text end
new text begin
(b) Twenty-five percent of the amount deposited in the special revenue fund pursuant
to paragraph (a) is appropriated to the commissioner of human services for adult mental
health initiatives under section 245.4661 and the compulsive gambling treatment program
established under section 245.98.
new text end
new text begin
(c) Twenty-five percent of the amount deposited in the special revenue fund pursuant
to paragraph (a) is appropriated to the commissioner for payments to organizations licensed
to conduct lawful gambling under chapter 349. By October 1 of each year, the commissioner
shall remit payments to each organization licensed to conduct lawful gambling under chapter
349 on a pro rata basis according to the organization's combined net receipts, as defined
under section 297E.02, subdivision 6, for the period beginning July 1 of the previous calendar
year and ending on June 30 of the current calendar year, and the total combined net receipts
from all organizations licensed under chapter 349 for the period beginning July 1 of the
previous calendar year and ending on June 30 of the current calendar year.
new text end
new text begin
(d) Twenty-five percent of the amount deposited in the special revenue fund pursuant
to paragraph (a) shall be transferred to the sports marketing and awareness account under
subdivision 8 for grants to Minnesota Sports and Events, a 501(c)(6) organization.
new text end
new text begin
(e) Twenty-five percent of the amount deposited in the special revenue fund pursuant
to paragraph (a) shall be transferred to the Amateur Sports Commission established under
chapter 240A for grants to support youth sports throughout the state of Minnesota.
new text end
new text begin
The sports marketing and awareness account is established
in the special revenue fund. The account consists of the amounts deposited pursuant to
subdivision 7, paragraph (d). The amounts deposited are appropriated to Explore Minnesota
Tourism to make grants as allowed under section 116U.30, paragraph (b), clause (5). The
grants must be awarded to Minnesota Sports and Events to:
new text end
new text begin
(1) attract and host large-scale sporting events in Minnesota;
new text end
new text begin
(2) coordinate statewide initiatives, including greater Minnesota youth legacy programs
and a statewide marketing campaign, and increase access and awareness for greater
Minnesota residents; and
new text end
new text begin
(3) conduct one signature event in greater Minnesota on an annual basis.
new text end
new text begin
For purposes of this subdivision, "greater Minnesota" means the area of Minnesota located
outside of the metropolitan area as defined in section 473.121, subdivision 2.
new text end
new text begin
This section is effective for sports betting net revenue received
after June 30, 2024.
new text end
new text begin
A mobile sports betting operator and a racetrack must
maintain records supporting the sports betting activity and taxes owed. Records required to
be kept in this section must be preserved by the mobile sports betting operator or racetrack
for at least 3-1/2 years after the return is due or filed, whichever is later, and may be inspected
by the commissioner at any reasonable time without notice or a search warrant.
new text end
new text begin
The commissioner may require a financial audit of a mobile sports
betting operator or racetrack's sports betting activities if the mobile sports betting operator
or racetrack has failed to comply with this chapter as it relates to financial reporting. Audits
must be performed by an independent accountant licensed according to chapter 326A. The
commissioner must prescribe standards for an audit required under this subdivision. A
complete, true, and correct copy of an audit must be filed as prescribed by the commissioner.
Nothing in this subdivision limits the commissioner's ability to conduct the commissioner's
own audit pursuant to its authority under chapter 270C.
new text end
new text begin
This section is effective for sports betting net revenue received
after June 30, 2024.
new text end
new text begin
Except for those provisions specific to distributors, gambling products, or gambling
equipment, sections 297E.11 to 297E.14 apply to this chapter.
new text end
new text begin
This section is effective for sports betting net revenue received
after June 30, 2024.
new text end
Minnesota Statutes 2022, section 260B.007, subdivision 16, is amended to read:
(a) "Juvenile petty offense"
includes a juvenile alcohol offense, a juvenile controlled substance offense, new text begin a juvenile
violation of section 299L.80, subdivision 3, paragraph (a), new text end a violation of section 609.685,
or a violation of a local ordinance, which by its terms prohibits conduct by a child under
the age of 18 years which would be lawful conduct if committed by an adult.
(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also includes
an offense that would be a misdemeanor if committed by an adult.
(c) "Juvenile petty offense" does not include any of the following:
(1) a misdemeanor-level violation of section 518B.01, 588.20, 609.224, 609.2242,
609.324, subdivision 2 or 3, 609.5632, 609.576, 609.66, 609.746, 609.748, 609.79, or
617.23;
(2) a major traffic offense or an adult court traffic offense, as described in section
260B.225;
(3) a misdemeanor-level offense committed by a child whom the juvenile court previously
has found to have committed a misdemeanor, gross misdemeanor, or felony offense; or
(4) a misdemeanor-level offense committed by a child whom the juvenile court has
found to have committed a misdemeanor-level juvenile petty offense on two or more prior
occasions, unless the county attorney designates the child on the petition as a juvenile petty
offender notwithstanding this prior record. As used in this clause, "misdemeanor-level
juvenile petty offense" includes a misdemeanor-level offense that would have been a juvenile
petty offense if it had been committed on or after July 1, 1995.
(d) A child who commits a juvenile petty offense is a "juvenile petty offender." The
term juvenile petty offender does not include a child alleged to have violated any law relating
to being hired, offering to be hired, or agreeing to be hired by another individual to engage
in sexual penetration or sexual conduct which, if committed by an adult, would be a
misdemeanor.
new text begin
As used in this section:
new text end
new text begin
(1) "accepts a wager" includes receiving, recording, or forwarding a wager or an offer
to wager on a sporting event, and attempts to do so;
new text end
new text begin
(2) "nonpublic information" means information regarding a participant's ability or
likelihood to perform in a sporting event that:
new text end
new text begin
(i) is not available to the general public;
new text end
new text begin
(ii) is derived from a personal or professional relationship with the participant; and
new text end
new text begin
(iii) if the information was disseminated, would likely affect the odds of the participant
or the participant's team in achieving a particular outcome in the event;
new text end
new text begin
(3) "places a wager" includes an offer or attempt to place a wager on a sporting event;
and
new text end
new text begin
(4) "sell" means selling, renting, or disclosing in writing or by electronic means the
private data of an individual who has wagered on sporting events by a licensee or an
employee of a licensee to another person for monetary consideration. A licensee does not
sell private data when:
new text end
new text begin
(i) an individual uses or directs the licensee to intentionally disclose private data to or
uses the licensee to intentionally interact with a third party, provided the third party does
not also sell the private data. An intentional interaction occurs when the individual intends
to interact with the third party via one or more deliberate interactions. Hovering over, muting,
pausing, or closing a given piece of content does not constitute an individual's intent to
interact with a third party;
new text end
new text begin
(ii) the licensee uses or shares an identifier for an individual who has opted out of the
sharing of the individual's private data for the purposes of alerting third parties that the
individual has opted out of the sharing of the individual's private data;
new text end
new text begin
(iii) the licensee uses or shares with a service provider or third-party vendor the private
data of an individual that is necessary to perform a legitimate business purpose of the
licensee, provided the service provider or third-party vendor does not also sell the private
data; and
new text end
new text begin
(iv) the licensee transfers to a third party the private data of an individual as an asset
that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party
assumes control of all or part of the licensee. If a third party materially alters how it uses
or shares the private data of an individual in a manner that is materially inconsistent with
the disclosures made at the time of collection, it shall provide prior notice of the new or
changed practices to the individual. The notice shall be sufficiently prominent and robust
to ensure that individuals can easily exercise their choice to allow the third party to use their
private data.
new text end
new text begin
(a) Whoever sells private data on individuals collected
through the practice of wagering on sporting events is guilty of a misdemeanor.
new text end
new text begin
(b) Paragraph (a) does not apply to the transfer of data between a person licensed under
sections 299L.10 to 299L.80 or an employee of a licensee and third-party vendors and
service providers as necessary to conduct the ordinary course of business of mobile sports
wagering.
new text end
new text begin
(c) Paragraph (a) does not apply to the transfer of data between a person licensed under
sections 299L.10 to 299L.80 or an employee of a licensee and the commissioner, the director,
or the commissioner of revenue when that transfer is necessary to perform duties prescribed
by law relating to wagering on sporting events.
new text end
new text begin
(a) A person who is under 21 years of
age and does either of the following is guilty of a misdemeanor:
new text end
new text begin
(1) places a wager on a sporting event; or
new text end
new text begin
(2) misrepresents the person's age as being 21 or older for the purposes of placing a
wager on a sporting event.
new text end
new text begin
(b) A person licensed under sections 299L.10 to 299L.80 or an employee of a licensee
who accepts a wager on a sporting event placed by someone under the age of 21 years is
guilty of a gross misdemeanor.
new text end
new text begin
(c) Paragraph (a), clause (1) does not prohibit private social bets on sporting events that
are not part of or incidental to organized, commercialized, or systematic gambling.
new text end
new text begin
(a) The following persons who place a wager with an
entity licensed under sections 299L.10 to 299L.80 are guilty of a crime and may be sentenced
as provided in paragraphs (b) and (c):
new text end
new text begin
(1) a person who is a participant in a sporting event and who places a wager on that
event or who induces another to place a wager on the event on behalf of the person;
new text end
new text begin
(2) a person licensed under sections 299L.10 to 299L.80, or an employee of a licensee
whose exclusive or primary responsibilities involve mobile sports betting, who places a
wager on a sporting event on an online website or mobile application with which the person
is affiliated;
new text end
new text begin
(3) an officer, director, member, or employee of the Department of Public Safety or the
division who places a wager on a sporting event; or
new text end
new text begin
(4) a person who possesses nonpublic information on a sporting event and who places
a wager on that event.
new text end
new text begin
(b) A person who violates paragraph (a) is guilty of a misdemeanor if the amount of the
wager is no more than $500.
new text end
new text begin
(c) A person who violates paragraph (a) is guilty of a gross misdemeanor if:
new text end
new text begin
(1) the person has previously been convicted of a violation of this section or section
609.76; or
new text end
new text begin
(2) the amount of the wager is more than $500.
new text end
new text begin
(a) A person licensed under sections
299L.10 to 299L.80, or an employee of a licensee whose exclusive or primary responsibilities
involve mobile sports betting, who accepts a wager on a sporting event knowing that the
wager was made in violation of subdivision 4, paragraph (a) is guilty of a crime and may
be sentenced as provided in paragraphs (b) to (e).
new text end
new text begin
(b) A person who violates paragraph (a) is guilty of a misdemeanor if the amount of the
wager is no more than $500.
new text end
new text begin
(c) A person who violates paragraph (a) is guilty of a gross misdemeanor if:
new text end
new text begin
(1) the person has previously been convicted of a violation of this section or section
609.76; or
new text end
new text begin
(2) the amount of the wager is more than $500 but not more than $1,000.
new text end
new text begin
(d) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than two years or to payment of a fine of not more than $4,000,
or both, if the amount of the wager is more than $1,000 but not more than $5,000.
new text end
new text begin
(e) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than five years or to payment of a fine of not more than $10,000,
or both, if:
new text end
new text begin
(1) the amount of the wager is more than $5,000; or
new text end
new text begin
(2) the person accepts one or more wagers knowing that:
new text end
new text begin
(i) the wager is prohibited under subdivision 4, paragraph (a);
new text end
new text begin
(ii) acceptance of the wager will result in the person making a wager having placed more
than five wagers on any one or more sporting events within any 30-day period; and
new text end
new text begin
(iii) the total amount wagered is more than $2,500.
new text end
new text begin
In any prosecution under subdivision 4 or 5, the amount
of money wagered within any six-month period may be aggregated and the accused charged
accordingly in applying the provisions of those subdivisions. In addition, when two or more
offenses are committed by the same person in two or more counties, the accused may be
prosecuted in any county in which one of the offenses was committed for all of the offenses
aggregated under this subdivision.
new text end
new text begin
(a) Proof of age for
placing a wager under sections 299L.10 to 299L.80 on a sporting event may be established
only by one of the following:
new text end
new text begin
(1) a valid driver's license or identification card issued by Minnesota, another state, a
Tribal government, or a province of Canada, that includes the photograph and date of birth
of the person;
new text end
new text begin
(2) a valid military identification card issued by the United States Department of Defense;
new text end
new text begin
(3) a valid United States passport;
new text end
new text begin
(4) a valid instructional permit issued under section 171.05 that includes a photograph
and the date of birth of the person;
new text end
new text begin
(5) a Tribal identification;
new text end
new text begin
(6) in the case of a foreign national, a valid passport; or
new text end
new text begin
(7) use of an identity verification process approved by the commissioner and implemented
by the mobile sports betting operator or mobile sports betting platform provider.
new text end
new text begin
(b) In a prosecution for accepting a wager on a sporting event from a person under the
age of 21, it is an affirmative defense for the defendant to prove by a preponderance of the
evidence that the defendant reasonably and in good faith relied upon representations of
proof of age authorized in paragraph (a).
new text end
new text begin
(c) A mobile sports betting operator or employee of a mobile sports betting operator, or
an official or employee authorized to accept wagers on sporting events under a Tribal-state
compact regulating the conduct of Class III sports betting on the Indian Lands of an Indian
Tribe, may seize a form of identification listed under paragraph (a) if the person has
reasonable grounds to believe that the form of identification has been altered or falsified or
is being used to violate any law. A person who seizes a form of identification under this
paragraph must deliver it to a law enforcement agency, as defined in section 626.84,
subdivision 1, paragraph (f), within 24 hours of seizure.
new text end
Minnesota Statutes 2022, section 609.75, subdivision 3, is amended to read:
The following are not bets:
(1) a contract to insure, indemnify, guarantee or otherwise compensate another for a
harm or loss sustained, even though the loss depends upon chance;
(2) a contract for the purchase or sale at a future date of securities or other commodities;
(3) offers of purses, prizes or premiums to the actual contestants in any bona fide contest
for the determination of skill, speed, strength, endurance, or quality or to the bona fide
owners of animals or other property entered in such a contest;
(4) the game of bingo when conducted in compliance with sections 349.11 to 349.23;
(5) a private social bet not part of or incidental to organized, commercialized, or
systematic gambling;
(6) the operation of equipment or the conduct of a raffle under sections 349.11 to 349.22,
by an organization licensed by the Gambling Control Board or an organization exempt from
licensing under section 349.166;
(7) pari-mutuel betting on horse racing when the betting is conducted under chapter 240;
deleted text begin and
deleted text end
(8) the purchase and sale of State Lottery tickets under chapter 349Anew text begin ; and
new text end
new text begin (9) sports betting when the betting is conducted pursuant to sections 299L.10 to 299L.80new text end .
Minnesota Statutes 2022, section 609.75, subdivision 4, is amended to read:
A gambling device is a contrivance the purpose of which is
that for a consideration a player is afforded an opportunity to obtain something of value,
other than free plays, automatically from the machine or otherwise, the award of which is
determined principally by chance, whether or not the contrivance is actually played.
"Gambling device" also includes a video game of chance, as defined in subdivision 8.new text begin
"Gambling device" does not include a website or mobile application, or device used for
accessing the website or mobile application, authorized to be used in conducting mobile
sports betting pursuant to sections 299L.10 to 299L.80.
new text end
Minnesota Statutes 2022, section 609.75, subdivision 7, is amended to read:
Sports bookmaking is the activity of intentionally
receiving, recording or forwarding within any 30-day period more than five bets, or offers
to bet, that total more than $2,500 on any one or more sporting events.new text begin Sports bookmaking
does not include sports betting when the betting is conducted pursuant to sections 299L.10
to 299L.80.
new text end
Minnesota Statutes 2022, section 609.75, is amended by adding a subdivision to
read:
new text begin
"Sporting event" has the meaning given in section 299L.10,
subdivision 19, and includes any event, such as a game, match, contest, or activity, or series
of games, matches, contests, activities, or tournaments, involving the athletic skill or
performance in a video game of one or more players or participants, regardless of whether
the event is approved by the commissioner to be an event eligible for wagering under sections
299L.10 to 299L.80.
new text end
Minnesota Statutes 2022, section 609.755, is amended to read:
Whoever does any of the following is guilty of a misdemeanor:
(1) makes a betnew text begin , other than a bet on a sporting eventnew text end ;
(2) sells or transfers a chance to participate in a lottery;
(3) disseminates information about a lottery, except a lottery conducted by an adjoining
state, with intent to encourage participation therein;
(4) permits a structure or location owned or occupied by the actor or under the actor's
control to be used as a gambling place; or
(5) except where authorized by statute, possesses a gambling device.
Clause (5) does not prohibit possession of a gambling device in a person's dwelling for
amusement purposes in a manner that does not afford players an opportunity to obtain
anything of value.
Minnesota Statutes 2022, section 609.76, subdivision 2, is amended to read:
new text begin
(a) Whoever makes a bet on a
sporting event with a person who is not licensed to engage in sports betting under sections
299L.10 to 299L.80 is guilty of a misdemeanor if the amount of the wager is no more than
$500.
new text end
new text begin
(b) Whoever makes a bet on a sporting event with a person who is not licensed to engage
in sports betting under sections 299L.10 to 299L.80 is guilty of a gross misdemeanor if:
new text end
new text begin
(1) the person has previously been convicted of a violation of this section or section
609.76; or
new text end
new text begin
(2) the amount of the wager is more than $500 but not more than $1,000.
new text end
new text begin
(c) Whoever makes a bet on a sporting event with a person who is not licensed to engage
in sports betting under sections 299L.10 to 299L.80 is guilty of a felony if the amount of
the wager is more than $1,000.
new text end
new text begin (d) new text end Whoever engages in sports bookmaking is guilty of a felony.
new text begin
(e) In any prosecution under paragraph (b) or (c), the amount of money wagered within
any six-month period may be aggregated and the accused charged accordingly in applying
the provisions of those paragraphs. In addition, when two or more offenses are committed
by the same person in two or more counties, the accused may be prosecuted in any county
in which one of the offenses was committed for all of the offenses aggregated under this
subdivision.
new text end
new text begin
(a) As used in this section:
new text end
new text begin
(1) "participant in a sporting event" has the meaning given in section 299L.10, subdivision
18; and
new text end
new text begin
(2) "sporting event" has the meaning given in section 299L.10, subdivision 19.
new text end
new text begin
(b) A person is guilty of a felony and may be sentenced to imprisonment for not more
than five years or to payment of a fine of not more than $10,000, or both, if the person:
new text end
new text begin
(1) offers, gives, or promises to give, directly or indirectly, to a participant in a sporting
event any benefit, reward, or consideration to which the participant is not legally entitled
as compensation or a prize, with intent to influence the performance of the participant, or
the outcome of the event or a component of the event; or
new text end
new text begin
(2) as a participant in a sporting event, requests, receives, or agrees to receive, directly
or indirectly, a benefit, reward, or consideration to which the participant is not legally entitled
to intentionally lose, cause to lose, or attempt to lose or cause to lose the event, or to
intentionally perform below abilities to adversely affect the outcome of the event or a
component of the event.
new text end
new text begin
Sections 1 to 9 are effective the day that sports betting becomes lawful under article 1
and applies to crimes committed on or after that date.
new text end
new text begin
(a) From the amounts earned by a racetrack from sports betting authorized under chapter
299L, the licensee shall set aside the amounts specified in this section to be used for purse
payments. These amounts are in addition to the breeders fund and purse requirements in
this chapter.
new text end
new text begin
(1) For amounts between zero and $6,000,000, the licensee shall set aside not less than
ten percent to be used as purses.
new text end
new text begin
(2) For amounts in excess of $6,000,000, the licensee shall set aside not less than 14
percent to be used as purses.
new text end
new text begin
(b) From all amounts set aside under paragraph (a), the licensee shall set aside ten percent
to be deposited in the breeders fund.
new text end