Ohio Admin. Code 3775-4-01 - General licensing requirements

(A) No sports gaming proprietor, mobile management services provider, management services provider, sports gaming supplier, sports gaming employee, or type C sports gaming host may operate, conduct, or assist in operating or conducting sports gaming in this state without first obtaining an appropriate license or provisional license from the commission.

(B) Except for an appointing professional sports organization, or type C sports gaming host, or applicant who currently holds a license under division (A)(3) of section 3775.06 of the Revised Code, each person applying for an initial or renewal sports gaming license must submit two complete sets of fingerprints to the commission for the purpose of conducting a criminal records check pursuant to divisions (A) and (C) of section 109.572 of the Revised Code, at the applicant's sole expense and cost. An applicant that employs a sports gaming employee applicant must pay these fees on that person's behalf. An applicant convicted of any disqualifying offense, as defined and prohibited by sections 3772.07 and 3772.10 of the Revised Code, and as determined under section 9.79 of the Revised Code, will not be issued a license.

(C) The commission may grant a sports gaming proprietor, mobile management services provider, management services provider, or sports gaming supplier license to an applicant only once it has determined that each person in control of the applicant, has:

(1) Submitted any forms, documents, or information the commission requires;

(2) Submitted two sets of fingerprints. The costs of which are to be paid by the entity the person controls; and

(3) Been found eligible, qualified, and suitable as determined by the commission.

(D) The commission must conduct a complete investigation of each applicant for a sports gaming license each time the applicant applies for an initial or renewal sports gaming license.

(E) The commission may reopen a licensing investigation or adjudication at any time.

(F) When reviewing an applicant, the commission may rely on or consider the last investigation conducted into, or license issued to, the applicant under Chapter 3770. or 3772. of the Revised Code.

(G) All sports gaming applicants and licensees, except for appointing professional sports organizations and type C gaming hosts, must update the commission, in writing, within ten days of any material change to any information provided in an initial or renewal sports gaming license application, to include the following:

(1) Change of name;

(2) Change of home or business address;

(3) Change of primary telephone number or electronic mail address;

(4) Change to the state of incorporation or principal place of business;

(5) A change in the persons in control of an applicant or licensee;

(6) Any bankruptcy filed, discharged, or dismissed;

(7) Any arrest, charge, plea, or conviction for any crime or offense occurring in any jurisdiction, excluding minor misdemeanor traffic offenses;

(8) Any investigation commenced by or action filed by a gaming regulatory agency or government gaming authority, except for routine renewal application reviews;

(9) Any rejection, suspension, revocation, or denial of any gaming-related application or license, and any fine, penalty, or settled amount related to any gaming-related license imposed upon or agreed to in any jurisdiction;

(10) Any other changes designated on an applicable update form; and

(11) Any other information affecting the sports gaming license applicant's or sports gaming licensee's suitability.

(H) All appointing professional sports organizations must update the commission, in writing, within ten days of any material change to any information provided in an initial or renewal sports gaming license application, to include the following:

(1) Change of name;

(2) Change of address;

(3) Change of primary telephone number or electronic mail address;

(4) Change to the state of incorporation or principal place of business;

(5) Any investigation commenced by or action filed by a gaming regulatory agency or government gaming authority, except for routine renewal application reviews;

(6) Any changes to the appointing professional sports organization's status, including changes regarding their membership in a league, association, or organization with a policy preventing them from being subject to the regulatory control of the commission or from otherwise operating under a license, as well as changes to that policy itself; and

(7) Any other changes designated on an applicable update form.

(I) All type C sports gaming hosts must update the commission, in writing, within ten days of any material change to any information provided in an initial or renewal sports gaming license application to include the following:

(1) Change of name;

(2) Change of address;

(3) Change of primary telephone number or electronic mail address;

(4) Change to any A-1A, A-1C, D-1, D-2, or D-5 liquor permit held and issued under Chapter 4303. of the Revised Code;

(5) Change to any lottery sales agent license held and issued Chapter 3770. of the Revised Code;

(6) Change to a lottery commission recommendation; and

(7) Any other changes designated on an applicable update form.

(J) A sports gaming licensee must adhere to the following with respect to a license granted by the commission:

(1) A sports gaming proprietor, mobile management services provider, and management services provider must display its license conspicuously in its place of business or have the license available for inspection by the commission or any law enforcement agency upon request;

(2) A sports gaming employee licensee must prominently display evidence of a license, in a manner determined by the executive director, while actively on duty for a sports gaming proprietor and present in a sports gaming facility; and

(3) A type C sports gaming host must display its license conspicuously in its place of business.

(K) Information provided on the application, and any additional information requested by and provided to the commission, will be used as a basis for an investigation of each applicant or licensee.

(L) An incomplete application, or an application containing false, misleading, or omitted information, is cause for administrative action by the commission.

(M) The executive director may recommend to the commission that it deny any application, or limit, condition, restrict, suspend, or revoke any license or impose any fine upon any licensee or other person in accordance with sports gaming law.

(N) No person may re-apply for a sports gaming license for three years from the date the person's application for licensure was denied or license was revoked by the commission. This provision does not apply to applications the executive director approves for withdrawal or to an applicant who is not issued a license solely due to a restraint in the number of licenses available.

(O) No license issued under this chapter is transferable. A significant change in or transfer of control of a licensee, as determined by the executive director, requires the filing of a new application and submission of the applicable fees under this chapter before any change in or transfer of control is approved by the commission.

Notes

Ohio Admin. Code 3775-4-01

Effective: 1/25/2025
Five Year Review (FYR) Dates: 8/15/2027
Promulgated Under: 119.03
Statutory Authority: 3775.02, 3775.03
Rule Amplifies: R.C. 3770.25, 3772.07, 3772.10, 3775.02, 3775.03, 3775.04, 3775.041, 3775.05, 3775.051, 3775.06, 3775.07, 3775.08, and 3775.09
Prior Effective Dates: 08/15/2022, 05/27/2024