Sports Gaming FAQs

General Questions

Q: What is the status of sports gaming in Ohio?

A: R.C. Chapters 3770 and 3775 of the Revised Code allow sports gaming to be conducted by licensed proprietors or services providers. Sports gaming offered by unlicensed entities is illegal under R.C. Chapters 2915 and 3775. No sports gaming licenses will be effective until sports gaming launches on January 1, 2023.

Q: How do I obtain more information on Ohio sports gaming?

A: Please visit the Commission’s sports gaming webpage. All draft regulations, applications, and other general information will be posted on the webpage. If you would like to receive email updates from the Commission on sports gaming regulations, you may join our sports gaming mailing list. You can also see a December 15, 2021 presentation on sports gaming from the Commission.

Q: Has the Commission adopted rules and regulations governing sports gaming?

A: The Commission has completed the rule-filing process, and all rules, except those pertaining to the voluntary exclusion program, are now effective. THe rules can be found here.

Universal Start Date

Q: When is the Universal Start Date for sports gaming in Ohio?

A: The Universal Start Date is January 1, 2023. This date was chosen to give all stakeholders time to start offering sports gaming on the same date—including businesses looking to offer online and brick-and-mortar sports gaming, as well as kiosks in bars and taverns across Ohio. Leading up to the universal start date, prospective licensees will be completing buildings, distributing kiosks, hiring and training employees, obtaining partners, and making all other necessary arrangements to begin offering sports gaming from the same starting line. The Commission is aware that some stakeholders, specifically many online operators, have fewer preparations to make leading up to launch and could start sooner. However, pursuant to HB 29, all forms of sports gaming must have the opportunity to launch on the exact same date.

January 1 will represent the largest expansion of gaming in Ohio’s history and the largest ever simultaneous launch of sports gaming in the United States. According to industry estimates, this will necessitate detailed due diligence investigations, as well as comprehensive compliance examinations, of approximately 3,000 licensees ahead of January 1.

 

Applications

Q: When can I apply for a sports gaming license?

A: To be guaranteed consideration to commence sports gaming on the Universal Start Date of January 1, 2023, the Commission must have received applications by July 15, 2022, for Type-A, -B, & -C proprietors, first designated MMSPs, MSPs,  and suppliers or by August 15, 2022, for Type-C sports gaming hosts and second designated MMSPs. The Commission is still accepting applications for these licenses but cannot guarantee consideration before the Universal Start Date.

Q: When do my employees need to submit key sports gaming employee or standard sports gaming employee applications?

A: The Commission began accepting key and standard sports gaming employee applications on June 15, 2022. Key sports gaming employee applications should be submitted as soon as possible once the business entity applies. Businesses looking to launch on the universal start date must have had all key employees apply by October 5, 2022, to guarantee the employee’s application will be considered in time for January 1. Please note that Chapter 3775 requires all key employees to meet the qualifications for licensure before the business can be licensed. Standard sports gaming employee applications must be submitted no later than November 2, 2022, to ensure consideration ahead of the universal start date. Employees may continue to apply after the dates above but will not be guaranteed consideration in time for January 1, 2023.

Q: Can I submit a placeholder application by the universal start date application deadline and then update the information later?

A: The Commission does not accept placeholder applications. However, the Commission may allow an applicant time to correct minor deficiencies. Failure to respond to Commission staff inquiries or supply required information by the deadline given when requesting the additional information may result in your application not being considered in time for the universal start date.

Q: I am an owner, board member, executive or otherwise an individual in control of an applicant. What information must I submit to the Commission?

A: Pursuant to R.C. 3775.03 and Ohio Adm.Code 3775-4-01 the Commission must determine that persons in control of an applicant meet the qualifications for sports gaming under R.C. 3775 and the rules adopted thereunder before issuing any license to the applicant. While the Commission is unable to give an exhaustive list of what individuals may be in control of an applicant until organizational and ownership charts are submitted, certain individuals will almost certainly fall into that category and should be submitted to the Commission for consideration as soon as possible. Please note that this requirement does not apply to Type-C gaming hosts or appointing professional sports organizations.

As such, any individual (or natural person) who is a majority owner, board member, C-level executive having the ability to exercise significant influence over the applicant’s sports gaming business, the equivalent of any of the preceding, or any other person the Commission identifies must submit and obtain a key sports gaming employee license prior to any applicant they control being issued a license. This includes the submission of a key sports gaming employee application and fingerprints. Please see below for an FAQ on how fingerprints may be submitted.

Further questions on the scope of persons in control or key employees should be submitted to: sportsgaming@casinocontrol.ohio.gov.  

Q: I am a holding company or otherwise a business entity in control of an applicant. What information must I submit to the Commission?

A: Pursuant to R.C. 3775.03 and Ohio Adm.Code 3775-4-01 the Commission must determine that persons in control of an applicant meet the qualifications for sports gaming under R.C. 3775 and the rules adopted thereunder before issuing any license to the applicant. While the Commission is unable to give an exhaustive list of what business entities may be in control of an applicant until organizational and ownership charts are submitted, certain business entities will almost certainly fall into that category and should be submitted to the Commission for consideration as soon as possible. Please note that this requirement does not apply to Type-C gaming hosts or appointing professional sports organizations.

Any business entity who is a majority owner, board member, C-level executive having the ability to exercise significant influence over the applicant’s sports gaming business, the equivalent of any of the preceding, or any other business entity the Commission identifies must submit the Sports Gaming Holding Company Form and be found qualified prior to any applicant they control being issued a license. Finalized forms will be available on June 1.

Further questions on the scope of persons in control or holding companies should be submitted to: sportsgaming@casinocontrol.ohio.gov.

Q: I am a key or standard sports gaming employee. How do I submit fingerprints to the Commission?

A: Ohio law requires that applicants for a sports gaming license and any individuals in control of the applicant submit fingerprints to the Commission for the purposes of completing a criminal records check. R.C. 3775.03. To request blank fingerprint cards, please contact the Licensing & Investigations Division at 614-387-5688 or sportsgaming@casinocontrol.ohio.gov. Instructions on how to submit completed fingerprint cards to the Commission are available here. The Identity Confirmation Form referenced in the instructions is available hereCards can be requested for any individual seeking a standard or key sports gaming employee license, whether located inside or outside of the state. Commission staff will begin processing these requests immediately upon receipt. Please note that the Commission will not be accepting “webcheck” criminal records checks obtained via third parties or hosting fingerprinting events, as webcheck is unavailable at this time.

The total fee for the criminal records checks is $47.25 per individual and should be submitted with the respective employee application fee. Please try to combine payments as much as possible (i.e., payments for multiple applicants in one payment transaction).

Q: Do I need to obtain a standard sports gaming employee license?

A: Individuals (other than employees acting on behalf of a Type-C Sports Gaming Host or an Appointing Professional Sports Organization) will need a standard sports gaming employee license if they meet any of the following criteria:

  • Do any of the following functions on behalf of a proprietor, services provider, or supplier:
    • Accept wagers on sporting events
    • Handle money for sports gaming operations, including cashiers, count-team members, and individuals involved in the accepting of or paying out of funds to be used for sports gaming
    • Provide security or surveillance for sports gaming operations, including guards and observers
    • Have the authority to directly install, modify, or delete any high impact (or critical) software components of the sports gaming system
  • Are upper-level managers or department heads whose duties or responsibilities include directly supervising or managing any of the following functions on behalf of a proprietor, service provider, or supplier (unless otherwise indicated):
    • Modifying patron personal identifiable information in a way that would impact the ability of the responsible licensee to ensure sports gaming is not engaged in by excluded individuals (e.g. underage persons, VEPs, athletes, coaches, owners, involuntarily excluded individuals, etc.)
    • Issuing of complimentaries or promotional credits of more than $500, or the ability to make adjustments to sports gaming accounts of more than $500.
    • Revising or otherwise impacting the outcome of a wager
    • Configuring or maintaining sports gaming equipment located in the state of Ohio (excluding employees of a licensed supplier that are monitored by a licensed sports gaming employee during any configuration or maintenance)
    • Trading, including risk management and odds creation or modification
    • Integrity monitoring
  • Hold one of the following positions, or equivalent positions, for a mobile management services provider, management services provider (or any Type-A or -B proprietor to the extent those sports gaming duties have been contractually designated to the proprietor), or any Type-C Proprietor. This may be met by a person in a position that has primary responsibility for sports gaming in the state of Ohio, if that person has decision making authority and autonomy over those areas:
    • Sports Gaming Facility General Manager (the Commission is closely evaluating this position and may elevate it to a key license at a later date)
    • Director/VP of Marketing
    • Director/VP of Customer Relationship Management, Hosts, or VIP staff
    • Director/VP of Accounting or Finance
    • Director/VP of Internal Audit
    • Director/Manager of Data Security
    • The position responsible for primary contact with the Commission on compliance matters contracted to that entity, including the overseeing all information submitted to the Commission’s sports gaming compliance website (with the exception of financial audits).

In addition to the above, further individuals may need to obtain standard sports gaming employee licenses if they perform duties such that an individual has the ability to alter material aspects of sports gaming in this state, as determined by the Commission. Any individual already holding a key sports gaming employee license is not required to also obtain a standard sports gaming employee license. Please note that the Commission is continuing to closely monitor the line between a supplier and a proprietor/services provider. Nothing in this guidance should be construed as implicitly approving suppliers to take on duties that must be accomplished by proprietors/services providers.

Q: Who is the appropriate applicant for a sports gaming license? Who must satisfy the criteria for licensure?

The appropriate applicant for a sports gaming license is the person who will be directly conducting the activity subject to licensure. That applicant must satisfy all qualifications for licensure itself, including eligibility, suitability, and economic development.

Q: I plan to apply as both a Type-A and Type-B Sports Gaming Proprietor. May I submit one application to do so?

A: Yes. You may combine your submissions into one Type-A and -B Sports Gaming Proprietor Application. The Commission combined the applications for that reason. Please ensure that if you are using one application to apply, you pay the fee required for both application types and provide all information for both application types.

Q: I plan on applying for a Type-B Sports Gaming Proprietor license. Where can I locate my sports gaming facility?

A: R.C. 3775.04(B) requires applicants to locate their sports gaming facility in a county in which the applicant, itself, conducts significant economic activity. This means many sportsbook operators (management services providers) will need to partner with existing Ohio businesses (Type B sports gaming proprietors) to offer sports gaming. Direct applications from businesses, including online sportsbook operators, not conducting significant economic development in the proposed county would violate this statutory provision. Additionally, the number and locations of sports gaming facilities are limited by county, pursuant to that county’s 2010 population figures. You may find this map helpful in reviewing where sports gaming facilities may be located.

Q: I plan to apply as both a Mobile Management Services Provider and Management Services Provider. May I submit one application to do so?

A: Yes. You may combine your submissions into one Mobile Management Services Provider and Management Services Provider Application. The Commission combined the applications for that reason. Please ensure that if you are using one application to apply, you pay the fee required for both application types and provide all information for both application types.

Q: How do I submit my application to the Commission?

A: All applications, except for a Type-C sports gaming host, must be filed electronically with the Commission, including via email to sportsgaming@casinocontrol.ohio.gov, via a physical media drive (e.g., CD, thumb drive) mailed to the Commission’s office at 100 E. Broad Street, 20th Floor Columbus, Ohio, 43215, or via secure online drop box, as approved by the Executive Director. A Type-C sports gaming host must submit their application through the State of Ohio licensing website at www.elicense.ohio.gov.

Provisional Licensing and Fee Payment

Q: What’s the difference between a provisional license and a plenary license?

A: A “Provisional license” is a temporary license granted under Ohio Adm.Code 3775-4-99. “Plenary license” is a full license that indicates the applicant has met the requirements for licensure and been issued a license under the applicable rule in Ohio Adm.Code Chapter 3775-4. 

Q: I am submitting a sports gaming application for consideration for the Universal Start Date. Should I submit a provisional license request?

A: Yes.  The Commission will not be able to process an application unless the applicant checks “Yes” in the provisional licensing request box. However, as explained below you should not pay both the provisional and plenary application fees.

Q: I am submitting a sports gaming application should I pay both the provisional and plenary application fees?

A: No. The applicant should only pay the plenary fee.  Failure to pay the full plenary application fee will result in the applicant not being considered for a plenary license and, therefore, not eligible to be issued a provisional license. Ohio Adm.Code 3775-4-99.

Q: I am submitting a sports gaming application for consideration after the Universal Start Date. Should I submit a provisional license request?

A: This is a business decision. An applicant may still wish to request a provisional license, but a provisional license is not required.

Q: Can I pay my license fee at the time I submit my sports gaming application?

A: No. The Commission will only credit application fee overpayments to the plenary license fee for Type-C Gaming Hosts. License fees may only be submitted to the Commission upon notification from the Commission that license fees are due.

Q: How can I pay the Commission for my application or license fees?

A: Type-C Sports Gaming Hosts must submit payments electronically through the Ohio eLicense website at the time the application is submitted. All other application and license fees are to be paid electronically via ACH. For further instructions on submitting ACH payments to the Commission please email sportsgaming@casinocontrol.ohio.gov.

Partnerships

Q: Does Chapter 3775 disallow sports gaming proprietors from entering into any sort of contract with mobile or land-based management services providers?

A: Chapter 3775 prohibits Type-C gaming proprietors from contracting with mobile or land-based management services providers to offer sports gaming on behalf of the Type-C proprietor in all circumstances. The Chapter also requires that Type-A and Type-B proprietors only contract with licensed mobile or land-based management services providers to offer sports gaming on behalf of the proprietor. As is common in the gaming space, this prohibition does not prohibit any otherwise lawful private agreements, but it does subject proprietors to administrative action if any provider offers sports gaming on the proprietor’s behalf, without first obtaining a license. In other words, proprietors cannot offer sports gaming through unlicensed providers. If you have more detailed questions, the Commission encourages you to speak to your private legal counsel.

Advertising, Marketing and User Recruitment

For purposes of the advertising, marketing, and user recruitment FAQs, the term advertisement has the same meaning as in Ohio Adm. Code 3775-1-01.

Q: Can I engage in advertising and marketing before receiving any required license from the Commission?

A: The Commission is aware that sports gaming advertising and marketing has been present in Ohio for some time through multi-jurisdictional advertisements of online sports gaming and does not plan to prohibit either multi-jurisdictional or Ohio-specific marketing. That being said, R.C. 3775.02(B)(10) and Ohio Adm. Code 3775-16-08 and 3775-16-09 list the requirements and prohibitions for advertisements in Ohio. The Commission expects these  requirements will be met by all looking to advertise sports gaming in Ohio. The Commission will consider a proprietor or services provider applicant’s adherence to these standards in determining the applicant’s suitability for licensure, in particular the applicant's reputation, experience, and integrity.

The Commission also reminds all prospective proprietors and services providers to think of the customer experience when engaging in advertising, marketing, or user recruitment in advance of the universal start date.

Q: Can I engage in user recruitment before receiving any required license from the Commission?

A: User recruitment, or signing Ohio users up for sports gaming accounts or alerts as to when they may create one, may also occur ahead of Ohio’s sports gaming launch, so long as no individuals are allowed to place bets within the state. User recruitment efforts should meet the advertising standards laid out above. As part of ensuring user recruitment does not target individuals with a gambling problem, any recruited user must be given the opportunity to unsubscribe or cancel any account created, including providing the user with the ability to voluntarily restrict themselves from further creating any accounts or knowingly being subjected to any further recruitment. Once sports gaming is live, any accounts created must also meet all account creation standards under the statute and rules before the account is allowed to place any bets or wagers, including a check against the sports gaming voluntary exclusion program. Finally, if an entity is ultimately denied a license, withdraws from consideration, or ultimately decides not to pursue licensure, all recruited users must be notified that the entity will not offer sports gaming in the immediate future, including allowing all users to unsubscribe or cancel any accounts.

Q: Can my advertisement or user recruitment campaign include terms such as "$100 free bet once you bet $100?"

A: No. This is false, misleading, and explicitly against Ohio Adm. Code 3775-16-09(C). The $100 "free" bet described above would not be free, as it would have cost the patron $100 to obtain. Proprietors or services providers may offer promotions that require betting activity by a patron, but they may not describe them as free, risk-free or any variant thereof.

Instead, any promotion or bonus described as free or risk-free must not require the patron to incur any loss or risk their own money to be used or to withdraw winnings. If the Commission is made aware of violations of this clearly described prohibition, administrative action may be taken against the proprietor or services provider.

Q: May patrons deposit funds to an account in advance of the Universal Start Date?

A: Yes. However, the Commission, again, strongly stresses that proprietors or services providers should consider the customer experience. The Commission also points prospective applicants to the statute and Commission rules, as once a proprietor or services provider holds patron funds, many more provisions are triggered. All requirements in the statute and proposed administrative rules should be met or administrative action may be taken. For instance, in Ohio Adm. Code 3775-16-03, only certain methods of funding accounts are currently permitted under Ohio law. Please note that gift cards are not currently allowed, nor are any cash deposits, as no kiosks or cashiering locations should be operational.

Q: I am an affiliate marketer. Am I required to obtain a license to engage in sports gaming advertising?

A: Under Ohio Adm. Code 3775-16-08, no affiliate marketer is required to be licensed and the Commission does not plan to exercise any authority over affiliate marketers directly. However, a sports gaming proprietor or services provider must ensure that any entity marketing on their behalf adheres to the Commission's most current advertising standards, unless explicitly stated otherwise. Failure of any affiliate marketer to do so may be held against the proprietor or services provider, as applicable, and may result in the Commission seeking a termination of any contractual relationship between the affiliate marketer and the proprietor or services provider.

Q: Must an advertisement state the name of both the sports gaming proprietor and the services provider?

A: No. Only the name of the entity directly offering or planning to directly offer sports gaming to Ohioans needs to be disclosed.

Q: What responsible gambling messaging should be included in sports gaming advertisements appearing in Ohio?

A: Sports gaming advertising and marketing appearing in Ohio should contain the Ohio Problem Gambling Helpline: 1-800-589-9966 or one of the National Council on Problem Gambling’s Helpline (NCPG) Numbers: 1-800-522-4700 or 1-800-GAMBLER. Any one of the three helpline numbers is acceptable. That being said, the Commission expects greater usage of the NCPG helpline, particularly 1-800-GAMBLER, as it recognizes the multijurisdictional realities in sports gaming advertising. This should help ensure that the number is conspicuous and clearly denoted as a resource for those needing assistance with problem gambling. Failure to ensure the number is conspicuous may result in administrative action.

Please note that if you are struggling with issues related to problem gambling, either number above can provide assistance and can route you to local resources. More information on Ohio’s problem gambling resources can be found here.

Compliance

Q: When and how can I submit responsible gaming plans, facility plans, geolocation procedures, house rules and required procedures?

A: The submission window for these items opened August 1, 2022. Final, completed versions of these items must be submitted and receive approval no later than November 2 for applicants looking to launch on the universal start date. The Commission will not accept placeholder submissions. Applicants should submit responses as soon as possible to allow for review by Commission staff. Submissions that are still deficient by the deadline may result in the applicant not being approved in time for the universal start date. All items must be approved by the Commission prior to the commencement of sports gaming.  

Submissions must be made via the Commission’s sports gaming proprietor website. It is not acceptable to submit responses to procedures referencing information stored in other documents unless instructed to do so by the procedure.

Q: What information should be submitted for geolocation procedures, house rules, and required procedures? 

A: Only information required by the Commission’s sports gaming rules and information specifically required by the executive director may be submitted for geolocation procedures, house rules, and required procedures. The Commission has provided OCCC required procedures and has listed procedures that must be submitted by applicants in the Sports Gaming Compliance Website.

Responses to required procedures must be limited to the information requested. Other procedures not required to be submitted may be kept separately by operators and may be changed without approval by the Commission.

For house rules, only information responsive to Ohio Adm. Code 3775-10-01(A)(1)-(14) must be submitted for each respective requirement. The information as submitted to the Commission must be presented to customers as “House Rules”. Other information not responsive to these house rule requirements must not be submitted to the Commission and must not be included in the house rules as presented to customers. Of course, additional information may be presented to customers separate from house rules.

Q: May I keep and use additional procedures not required to be submitted for the Commission’s review?

A: Yes. Additional procedures not required to be submitted may be kept by the licensee separately and may be utilized to run the licensee’s business, so long as they do not conflict with the Commission’s rules or required procedures. Changes may be made to this information without submission or approval.

Q: What information should be submitted for facility plans?

A: Type-B sports gaming facility plans must be electronically created and must accurately reflect the facility, including the placement of all sports gaming equipment, and be submitted in PDF format. Please see Ohio Adm. Code 3775-18-01 for the complete list of information which must be included in sports gaming facility plan submissions. Please note that sports gaming facility plan submissions must be complete when submitted and should not be submitted with placeholder information.

Q: When can I submit sports gaming equipment for testing and review? 

A: Sports gaming equipment may be submitted for testing to any Commission-certified sports gaming independent testing laboratory. Currently, there are two labs certified to do so: BMM North America and Gaming Laboratories International. The Commission will continue to update this list as additional labs are certified.

Also, please note that Ohio Adm. Code 3775-9-02(B) requires the following to be tested by certified test labs for all sports gaming systems:

A sports gaming system must be capable of automatically preparing a report summarizing the results of all sports gaming transactions conducted in this state. The report must be tested by a certified independent test laboratory to confirm that it accurately calculates and displays the results of sports gaming. The format and the required periods of this report are determined by the executive director.

The summary report of transactions as required by Ohio Adm. Code 3775-9-02(B) must be able to be generated daily, monthly, or for any other selected date range. As defined by Revised Code 5753.01(H), the report must include:

  • Total gross receipts;
  • Cash and cash equivalents paid as winnings;
  • Total voided wagers; and
  • Promotional gaming credits wagered.

Q: Is there a deadline for submission of equipment for testing and review if the equipment is to be used on the universal start date?  

A: Yes. A completed test report from an Ohio certified independent test lab or an acknowledgment from the executive director that the equipment need not be tested must be submitted to the Commission by November 2 for that equipment to be used on the universal start date. 

Q: Will the Commission accept equipment submissions after the universal start date equipment approval deadline? 

A:  Yes. The Commission will continue to accept sports gaming equipment submissions; however, any submission received after the deadline is not guaranteed consideration in time to be used on the universal start date. 

Q: May I install and conduct my own testing of sports gaming equipment prior to the universal start date? 

A: Sports gaming equipment may be installed and tested in a test environment provided it is not used for the purpose of conducting sports gaming in the State of Ohio. Once sports gaming is live, equipment may not be used for conducting sports gaming unless the Commission has approved the equipment for use.

Q: What IT security insurance coverage must I maintain and how should I submit proposed IT security insurance coverage for Commission review and approval?

A: The required IT security insurance coverage will vary based on several factors including the type of operation, the complexity of the IT systems and gaming offerings, and other risk factors. Applicants should assess their IT environment and come up with an IT security insurance coverage solution that addresses potential risk. Proposed IT security insurance coverage policy documents should then be submitted for Commission review using the Commission’s sports gaming proprietor website's document submission page. IT security insurance coverage must be approved by the Commission by November 2 for applicants looking to launch on the universal start date.

For further questions regarding IT security insurance coverage please contact sportsgaming@casinocontrol.ohio.gov.

Q: When is the required independent IT audit due, what firms may be utilized, and what must the audit cover?

A: The first IT audit must be completed and submitted to the Commission within 90 days of commencing initial operation. An annual audit must be completed and submitted each calendar year thereafter. Therefore, for gaming operations starting at the universal start date, the first IT audit is due by April 1, 2023.

IT audit firms must be submitted for approval via the sports gaming compliance website. Submission is available at the procedure listed in Ohio Adm. Code 3775-16-20(E). As required by the rule, IT audit firms must be qualified, independent, and capable of performing the audit.

IT audits must include an assessment of and conclusion as to the adequacy of the sports gaming proprietor or services provider’s compliance with the items listed in rule 3775-16-20(E). This includes the following:

  • The design, controls, maintenance, and security of the sports gaming proprietor’s IT systems; and
  • The sports gaming proprietor’s compliance with the IT and sports gaming system requirements of this chapter;

Q: When and how will the Commission accept applications for independent integrity monitor certification?

A: The Commission is currently accepting applications for independent integrity monitors. The Commission will provide interested independent integrity monitor candidates with a list of information that must be provided for application and consideration. The Commission has currently approved two integrity monitors for use in the state: U.S. Integrity and the International Betting Integrity Association (IBIA).

For further questions regarding independent integrity monitor certification or to express interest in certification please contact sportsgaming@casinocontrol.ohio.gov.  

Q: When and how must I test my Type-A location-based technology geofence system?

A: Location-based technology geofence systems must be tested for compliance with the Commission’s rules by an entity approved by the Executive Director. The Commission will provide a list of test requirements that must be completed for testing. The Commission estimates that the list of test requirements will be available in late summer or early fall. Completed test results must be submitted to the Commission by November 2 for applicants looking to launch on the universal start date.

For further questions regarding location-based technology geofence systems please contact sportsgaming@casinocontrol.ohio.gov.

Q: What events and wagers has the Commission currently approved for sports gaming?

A: As required by the Revised Code, the Commission has established a set of wagers and events that are approved for sports gaming. in compliance with Ohio Adm. Code 3775-11-01 and 3775-16-11. Proprietors and services providers can continue to request additional items for inclusion in the catalogue pursuant to Ohio Adm.Code 3775-11-01 and 3775-16-11, through the Commission’s web-based catalogue. Proprietors and services providers will also be able to see pending requests from others, alleviating the need for the industry to make multiple requests for the same item. Additionally, sports governing bodies may request prohibitions or restrictions on wager or event types, pursuant to Ohio Adm.Code 3775-16-11, by submitting a writing to the Commission at compliance@casinocontrol.ohio.gov.

All requests for inclusion must comport with the general guidelines published by the Commission on the home page of the catalogue. Requests for items that do not comport with these general guidelines will result in denials. When submitting requests for events or wagers to be included in the catalogue, the Commission asks that the industry not just ask for the event or wager but submit information supporting the request and proof of the event or wager’s integrity. This will allow the Commission to be more responsive to the needs of the industry while still ensuring the integrity of the sports gaming market in this state.

The sports gaming catalogue is available for public viewing.

Q: What are the requirements for the Commission’s remote surveillance and systems access?

A: The Commission has provided instructions on remote surveillance and systems access to applicants. It is necessary for applicants to respond to the appropriate procedure requirements in the sports gaming compliance website for approval as soon as possible. Please contact the Commission’s compliance division with any questions.

Q: What payments may be accepted for customer deposits?

A: Applicants should only accept deposits from funding sources approved in Ohio Adm. Code 3775-16-03(E). If digital wallets (e.g. PayPal, Venmo, ApplePay, etc.) are used to facilitate payments, applicants should ensure that they are able to confirm that the source of the deposits are from approved funding sources as listed in the rule.

Q: In providing limit setting immediately upon initial account creation in an easy and obvious method pursuant to Ohio Adm.Code 3775-16-03, is it acceptable to have limit-setting tucked away on a separate page without directly providing the option to the patron?

No. Limit setting is to be provided as part of or immediately upon the conclusion of account creation. At this time, providing limit setting can be presented in such a way that patrons can opt in or out of being taken to a limit setting page, either as they create their account or as a “pop up,” immediately upon the conclusion of the account being created. To be clear, limit setting must be easily and explicitly (or obviously) provided to the patron—tucking the option away on a subpage they could theoretically navigate to is insufficient. 

Moreover, please note that while the Commission will accept these “opt out” or “skip” options in the short term, this will not be a long-term acceptable solution. The Commission is only currently accepting this solution to give operators time to implement the rule as the Commission intended. As such, starting on September 1, 2023, patrons must be provided limit setting options in a way that they are able to easily and obviously see and interact with a full limit-setting page or suite of options during or immediately upon account creation. Patrons will still be free to choose not to set any limits, of course, but must be provided with the full set of options offered.

Sports Gaming Lottery (Type-C Sports Gaming)

Q: What is the Ohio Casino Control Commission’s (“OCCC”) role in lottery sports gaming? Does the OCCC plan to adopt rules on lottery sports gaming?

A: Type-C sports gaming (defined as lottery sports gaming in the statute) is conducted by Type-C sports gaming proprietors on behalf of the Ohio Lottery Commission. As such, lottery sports gaming is to be governed by the rules of the Lottery Commission, as well as a Type-C sports gaming proprietor’s required contract with the Lottery. The exception from this general rule is that the OCCC is the agency tasked with licensing Type-C sports gaming proprietors and hosts. As such, the OCCC has proposed three rules regarding Type-C entities. These rules are located here and are the extent of the OCCC's planned rulemaking on lottery sports gaming.

If you are seeking information beyond what is proposed in these three rules, you may wish to visit the Ohio Lottery Commission's sports gaming webpage, as the Lottery Commission is the agency tasked with that authority and has been releasing information via its webpage.

FAQs pertaining to Type-C Sports Gaming Hosts can be found here.

Taxation

Q: I have a question regarding how certain taxation requirements of HB 29 are to be implemented?

A: Please contact the Ohio Department of Taxation for all taxation-related questions.

Updated: November 16, 2022


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