(a) A book and its
employees and agents shall not knowingly allow, and each book shall take
reasonable steps to prevent, the circumvention of Rule 3.5 by multiple wagers
within its designated 24-hour period with a patron or by the use of a series of
wagers that are designed to accomplish indirectly that which could not be
accomplished directly. As part of a book's efforts to prevent such
circumventions relative to Rule 3.5 a book shall establish and implement
wagering multiple transaction logs.
(b) Each book shall record in a wagering
multiple transaction log all nonpari-mutuel wagers in excess of $5,000, or in
smaller amounts that aggregate in excess of $5,000 when any single officer,
employee, or agent of the book has actual knowledge of the wagers or would in
the ordinary course of business have reason to know of the wagers between the
book and a patron or a person who the book knows or has reason to know is the
patron's confederate or agent. This record shall be made for nonpari-mutuel
wagers occurring during a designated 24-hour period, within a monitoring
area.
(c) Each log entry in a
wagering multiple transaction log shall be made by the employee accepting or
approving the wager, immediately after accepting the wager, and shall include
at a minimum:
1. Description of the patron
(or suspected agent), which may include such identifiers as age, sex, race, eye
color, hair, weight, height and attire, if the person is present when the wager
is accepted;
2. Patron's name (or
suspected agent's name), if known;
3. Window number or other identification of
the location where the wager occurred;
4. Time and date of the wager;
5. Dollar amount of the wager; and
6. Signature or electronic signature of
person accepting or approving the wager.
One log shall be maintained for each monitoring area, for
each designated 24-hour period. A log is completed for each 24-hour period
regardless of whether any nonpari-mutuel wagers occurred. At the conclusion of
each designated 24-hour period, the last entry on the log shall be an
indication that the end of the designated 24-hour period has occurred. A book
shall not implement alternative procedures or records to comply with this
subsection without the written approval of the Executive Director.
(d) Each book shall
aggregate all nonpari-mutuel wagers in excess of $5,000 or smaller amounts when
any single officer, employee, or agent of the book has actual knowledge of the
wagers or would in the ordinary course of business have reason to know of the
wagers between the book and a patron or a person who the book knows or has
reason to know is the patron's confederate or agent during a designated 24-hour
period within a monitoring area.
(e) Before completing a wager that, when
aggregated with other wagers pursuant to subsection d, will aggregate to an
amount that will exceed $10,000, the book shall complete the identification and
recordkeeping requirements described in subsection (a) of Rule 3.5. When
aggregated wagers exceed $10,000, the book shall complete the recording and
reporting requirements of Rule 3.5.
(f) If a patron places a wager that pursuant
to subsection d is to be aggregated with previous wagers for which a record has
been completed pursuant to this section or Rule 3.5, the book shall complete
the identification, recordation and reporting procedures described in Rule 3.5
for any additional wager regardless of amount occurring during a designated
24-hour period.
(g) As used in this
section:
1. "Designated 24-hour period" means
the 24-hour period ending at midnight each day unless otherwise approved by the
Executive Director.
2. "Monitoring
area" means all race book and sports pool writing locations unless otherwise
approved by the Executive Director.
(h) The Executive Director may require a book
to comply with the identification, recordkeeping, and reporting requirements of
Rules 3.5 and 3.6 for pari-mutuel wagers. The Executive Director shall notify
the book of the decision, in writing, and such decision shall be considered an
administrative decision.