                                 CODE OF VIRGINIA

DUTIES OF PERMIT HOLDERS (§ 58.1-4034)

A. A permit holder shall ensure that its sports betting operation takes
reasonable measures to:

   1. Ensure that only persons physically located in Virginia are able to place
   bets through its sports betting platform, if applicable;

   2. Protect the confidential information of bettors using its sports betting
   platform or placing bets at its sports betting facility;

   3. Prevent betting on events that are prohibited by &#xA7; 58.1-4039, underage
   betting as prohibited by &#xA7; 58.1-4040, and bets by persons who are
   prohibited from sports betting by &#xA7; 58.1-4041;

   4. Allow persons to restrict themselves from placing bets with the permit
   holder, including sharing, at the person&#8217;s request, his request for
   self-exclusion with the Department for the sole purpose of disseminating the
   request to other permit holders;

   5. Establish procedures to detect suspicious or illegal betting activity,
   including measures to immediately report such activity to the Department;

   6. Provide for the issuance of applicable tax forms to persons who meet the
   reporting threshold for income from sports betting; and

   7. If applicable, allow sports bettors to establish and fund sports betting
   accounts over the Internet on a sports betting platform, which may be funded
   through methods including automated clearing house payments, credit cards,
   debit cards, wire transfers, or any other method approved by the Director
   under &#xA7; 58.1-4031.

B. A permit holder shall maintain records on:

   1. All bets, including the bettor&#8217;s personal information, the amount and
   type of bet, the time and location of the bet, and the outcome of the bet; and

   2. Suspicious or illegal betting activity.

C. A permit holder shall disclose the records described in subsection B to the
Department upon request and shall maintain such records for at least three years
after the related sports event occurs.

D. 1. If a sports governing body notifies the Department that real-time
information-sharing for bets placed on its sporting events is necessary and
desirable, permit holders shall, as soon as is commercially reasonable, share
the information required to be retained pursuant to subdivision B 1 of §
58.1-4034 with the sports governing body or its designee with respect to bets on
its sporting events. The information shared pursuant to this subsection shall be
shared pseudonymously and shall not include personal information associated with
any bettor. A permit holder shall not be required to share any information that
is required to be kept confidential under federal or Virginia law.

   2. A sports governing body shall use information shared pursuant to this
   subsection only for the purpose of integrity monitoring and shall not use such
   information for any commercial purpose. A sports governing body shall provide
   for security measures with respect to such information so as to prevent
   unauthorized access and distribution.

E. In advertising its sports betting operations, a permit holder shall ensure
that its advertisements:

   1. Do not target persons under the age of 21;

   2. Disclose the identity of the permit holder;

   3. Provide information about or links to resources related to gambling
   addiction; and

   4. Are not misleading to a reasonable person.

F. A permit holder shall not sublicense, convey, concede, or otherwise transfer
its permit to a third party unless granted approval by the Director. The
Director shall charge a nonrefundable fee of $200,000 for a permit transfer.
Such fees shall be deposited into the Gaming Regulatory Fund established
pursuant to &#xA7; 58.1-4048.

G. 1. A permit holder may operate its sports betting platform under a brand
other than its own but is prohibited from holding itself out to the public as a
sports betting operation under more than one brand, and a permit holder shall
conspicuously display its utilized brand to sports bettors; however, if a permit
holder is a major league sports franchise, it shall not be required to associate
the name of its sports betting platform with the name of the major league sports
franchise and shall be allowed to hold its sports betting platform out to the
public under a separate brand name.

   2. A permit holder is prohibited from cooperatively marketing its sports
   betting platform with any business issued a license pursuant to the provisions
   of Title 4.1. This prohibition shall not apply to any motor sports facility,
   major league sports franchise, or operator of a facility issued a permit
   pursuant to the provisions of subdivision D 4 or D 5 of &#xA7; 58.1-4032,
   provided that such motor sports facility, major league sports franchise, or
   operator of a facility shall be authorized to cooperatively market only on the
   premises of its stadium. If casino gaming is authorized under the laws of the
   Commonwealth and a casino gaming operator is licensed by the Department as a
   permit holder, the prohibition in this subdivision shall not apply to such
   operator, provided that such operator shall be authorized to cooperatively
   market only on the premises of its casino gaming establishment. A permit
   holder shall not be allowed an exemption from the prohibition in this
   subdivision unless (i) such permit holder complies with any applicable local
   zoning ordinances and (ii) the local governing body approves by ordinance
   cooperative marketing with respect to the permit holder&#8217;s stadium or
   casino gaming establishment.

H. A permit holder shall not purchase or use any personal biometric data unless
the permit holder has received written permission from the athlete&#8217;s
exclusive bargaining representative.

I. Permit holders shall at all times maintain cash reserves in amounts to be
established by Board regulation.

HISTORY: 2020, cc. 1218, 1256; 2023, cc. 586, 587.