038-2 Wyo. Code R. §§ 2-2 - Permits; Fees; and Application

(a) A sports wagering operator shall possess a permit to accept online sports wagers issued by the Commission. No person shall accept online sports wagers without holding a valid permit issued by the Commission.

(b) A qualified gaming entity applying for a sports wagering operator permit shall do so on a uniform application furnished by the Commission. The fee for both an initial application and renewal application shall be two thousand five hundred dollars ($2,500.00). The application shall require an applicant, at a minimum, to provide:

(i) The full name, current address, and contact information of the applicant;

(ii) Disclosure of each person who has control of the applicant as described in subsection (f) of this section;

(iii) The applicant's fingerprints and the fingerprints of individuals identified in subsection (f) of this section considered to have control of an applicant or permittee;

(iv) Consent to permit the Commission to conduct a criminal history record check of the applicant and each individual disclosed under subsection (f) of this section in accordance with procedures established by the Commission. This subsection shall not require an applicant or individual who has submitted to a criminal background check in this or any other state within the twelve (12) months before submitting the application to resubmit to another criminal background check provided that the applicant or individual submits the results of the previous criminal background check and affirms that there has been no material change in the criminal history since the time of the criminal background check;

(v) For the applicant and each person disclosed under subsection (f) of this section, a record of previous issuances and denials of any gambling-related permit, license or application in Wyoming, or in any other jurisdiction in the United States; and

(vi) Any other additional information or permissions as requested by the Commission.

(c) The Commission shall charge a permit fee of one hundred thousand dollars ($100,000.00) for an initial sports wagering operator permit. An initial permit and any renewal permit shall each be valid for five (5) years. The Commission shall charge a fee of fifty thousand dollars ($50,000.00) for a sports wagering operator permit renewal.

(d) A sports wagering vendor shall possess a permit to conduct business in the state issued by the Commission. No person shall provide vendor services to a sports wagering operator without holding a valid permit issued by the Commission.

(e) The Commission shall charge a fee of ten thousand dollars ($10,000.00) for an initial sports wagering vendor permit. An initial permit and any renewal permit shall each be valid for five (5) years. The Commission shall charge a fee of five thousand dollars ($5,000.00) for a sports wagering vendor permit renewal.

(f) The following persons are considered to have control of a sports wagering operator permit applicant or permittee:

(i) Each holding company, parent company, or subsidiary company of the applicant or permittee;

(ii) Each person, except for a bank or other licensed lending institution that holds a mortgage or other lien acquired in the ordinary course of business, who owns fifteen percent (15%) or more of a corporate applicant or permittee and has the ability to:

(A) Control the activities of the corporate applicant or permittee; or

(B) Elect a majority of the board of directors of that corporate applicant or permittee.

(iii) Each person associated with a noncorporate applicant or permittee who directly or indirectly holds a beneficial or proprietary interest in the noncorporate applicant's or permittee's business operations or who the Commission otherwise determines has the ability to control the noncorporate applicant or permittee; or

(iv) Key personnel of an applicant or permittee, including any executive, employee, or agent having the power to exercise ultimate decision-making authority over the applicant's or permittee's sports wagering operations in this state.

(g) An applicant for a permit must establish their suitability for a permit by clear and convincing evidence.

(h) The Commission shall, not more than ninety (90) days after the date of receipt of an application for a permit or license, or application for renewal of a permit or license under W.S. § 9-24-103, either:

(i) Issue the permit or license; or

(ii) Deny the application based on the grounds that the applicant failed to qualify as provided by subsection (j) of this section.

(i) The Commission shall deny an application under this section upon finding any of the following:

(i) The applicant, permittee, or licensee has been convicted of, forfeited bail on, or pleaded guilty to:

(A) A crime involving theft, dishonesty, or fraud;

(B) Bribery or unlawfully influencing a public official;

(C) A felony crime involving physical harm to a person; or

(D) Any other felony or misdemeanor that negatively impacts the applicant's credibility or the security, integrity or fairness of online sports wagering.

(ii) The applicant tampered with submitted documentation or concealed, failed to disclose, or otherwise attempted to mislead the Commission with respect to any material fact contained in the application or contained in any other information required of or submitted by an applicant to the Commission;

(iii) The applicant or permittee failed or refused to cooperate in the investigation of a crime related to gambling, corruption of a public official, or any organized criminal activity;

(iv) The applicant or permittee has intentionally not disclosed the existence or identity of other persons who have control of the applicant or permittee as required by this section;

(v) The applicant or permittee has had a permit revoked by any government authority responsible for the regulation of sports wagering;

(vi) The applicant or permittee has not demonstrated financial responsibility sufficient to adequately meet the requirements of this chapter, as specified by rule of the Commission; or

(vii) The applicant or permittee has not met the requirements of this section, any other provision of this chapter, Commission rules, or any applicable federal laws.

(j) Given a sufficient number of applicants, at any one (1) time, the Commission shall issue not less than five (5) sports wagering operator permits to applicants that satisfy the requirements under this chapter. If an insufficient number of applicants apply for a sports wagering operator permit, this provision shall not be interpreted to direct the Commission to issue a permit to an unqualified applicant.

(k) The Commission shall issue a permit to a sports wagering vendor that is currently operating in good standing in a similar role in at least three (3) jurisdictions in the United States under a state regulatory structure, and that has paid all required fees under subsection (e) of this section.

(l) Permittees under this section shall have an ongoing obligation to disclose in writing any material change in the information provided in the application to the Commission, including:

(i) Changes to names and contact information;

(ii) Arrests, convictions, guilty pleas, disciplinary actions or license or permit denials in Wyoming or any other jurisdiction;

(iii) Any civil or criminal action brought against the permittee; or

(iv) Any other information specified by rule of the Commission.

(m) If the Commission denies an application or intends to revoke or suspend a permit issued under this section, it shall follow the process as set forth in Chapter 9 of these rules.

(n) An applicant may claim any privilege afforded by the Constitution of the United States or of the State of Wyoming in refusing to answer questions by the Commission. However, a claim of privilege with respect to any testimony or evidence pertaining to an application may constitute sufficient grounds for denial of or revocation of a permit.

(o) Renewal applications for permits may be submitted and renewed upon the filing and approval of an application for renewal. Renewal applications for all sports wagering operator and vendor permits must be received by the Commission one hundred twenty (120) days before the expiration of the current permit. Renewal applications for sports wagering occupational permits must be received by the Commission thirty (30) days before the expiration of the current permit. Renewal applicants who fail to submit their completed applications when due shall not be considered to have made a timely and sufficient application for renewal.

(p) The Commission may require applicants who have applied for, or holders of a sports wagering operator or vendor permit to file information relating to contracts or proposed contracts relating to the operation of sports wagering in Wyoming in a form prescribed by the Commission.

Notes

038-2 Wyo. Code R. §§ 2-2

Amended, Eff. 10/5/2021. Amended, Eff. 7/17/2024.