TITLE 11: ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING
SUBTITLE B: HORSE RACING CHAPTER I: ILLINOIS RACING BOARD SUBCHAPTER a: GENERAL RULES PART 325
ADVANCE DEPOSIT WAGERING (ADW)
SECTION 325.10 DEFINITIONS
Section 325.10 Definitions
"Account"
means an account for advance deposit wagering with a specific identifiable
record of deposits, wagers and withdrawals established by an account holder and
managed by the advance deposit wagering licensee.
"Account
holder" means an individual who successfully completed an application and
for whom the advance deposit wagering licensee has opened an account.
"Advance
deposit wagering" or "ADW" means a method of pari-mutuel
wagering that is permissible under the Interstate Horseracing Act (15 USC 3001
et seq.) and in which an individual may establish an account with an entity
licensed by the Board, deposit money into the account, and use the account
balance to pay for pari-mutuel wagers in person, by telephone or through other
electronic media, including, but not limited to, the internet.
"Advance
deposit wagering licensee" or "ADW licensee" means a person
licensed by the Board to conduct advance deposit wagering. An advance deposit
wagering licensee shall be an organization licensee or a person or third party
who contracts with an organization licensee in order to conduct advance deposit
wagering.
"Applicant"
means an individual who has submitted an application to establish an ADW
account with an ADW licensee.
"Confidential
information" includes, but is not limited to:
The amount of money credited to,
debited from, withdrawn from, or present in any particular account holder's
account;
The amount of money wagered by a
particular account holder on any race or series of races;
The account number and secure
personal identification code of a particular account holder;
The identities of particular
entries on which the account holder is wagering or has wagered; and
Unless otherwise authorized by the
account holder, the name, address and other personal information in the
possession of the ADW licensee or organization licensee that would identify the
account holder to anyone other than the Board or the advance deposit wagering
licensee.
"Credits" means all inflow
of money to an account.
"Debits" means all
outflow of money from an account.
"Deposit" means a
payment of money by cash, check, money order, credit card, debit card or other
electronic funds transfers made by an account holder to the account holder's
account.
"Individual" means any
natural person at least 18 years of age, but does not include any corporation,
partnership, limited liability company, trust, estate or other legal entity.
"Licensee" means an
individual organization licensee, an inter-track wagering licensee, an inter-track
wagering location licensee, or an advance deposit wagering licensee, as this
Part requires.
"Principal residence
address" means the street address identified by an applicant or a current
account holder as that individual's residential address, as that address may be
verified by the advance deposit wagering licensee.
"Proper identification"
means a form of identification accepted in the normal course of business to
establish that the person making a transaction is an account holder.
"Terms of agreement"
means the agreement, approved by the Board, between an advance deposit wagering
licensee and an account holder that includes but is not limited to the terms
and conditions for deposits, credits, debits, withdrawals and the opening and
closing of accounts.
"Withdrawal" means a
payment of money from an account by the ADW licensee to the account holder when
properly requested by the account holder.
(Source: Amended at 35 Ill.
Reg. 522, effective January 1, 2011)
 | TITLE 11: ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING
SUBTITLE B: HORSE RACING CHAPTER I: ILLINOIS RACING BOARD SUBCHAPTER a: GENERAL RULES PART 325
ADVANCE DEPOSIT WAGERING (ADW)
SECTION 325.20 LICENSE TO CONDUCT ADVANCE DEPOSIT WAGERING
Section 325.20 License to Conduct Advance Deposit
Wagering
An organization licensee or a person or third party who
contracts with an organization licensee in order to conduct ADW shall be
licensed by the Board prior to accepting advance deposit wagers from Illinois
residents.
a) No ADW
licensee or organization licensee may place or cause to be placed any wagering
terminal or electronic device that facilitates the placement of an advance
deposit wager anywhere other than in a licensed wagering facility as authorized
in Section 26(g) of the Illinois Horse Racing Act of 1975 [230 ILCS 5/26(g)].
b) The advance deposit
wagering license application shall include:
1) If a
third party is utilized, a copy of the contracts, including the consent of the
horsemen's association, to provide ADW services by an ADW operator licensed by
the Board to an organization licensee licensed by the Board;
2) A
copy of all current ADW, pari-mutuel wagering and gaming licenses, regardless
of jurisdiction;
3) A
list of all totalisator hub and ADW personnel processing Illinois wagers containing
the name, position, job location and licensed jurisdiction for each person (if
applicable);
4) A
list of all officers, directors, partners and shareholders with a 5% or greater
share of ownership or beneficial interest;
5) Full
disclosure of all fees and other financial considerations relating to the
contract with the organization licensee;
6) A
detailed description of procedures to allow the Board prompt access to reports,
logs, wagering transaction detail, and customer account detail, in printed form
or standard electronic format approved by the Board;
7) A
detailed description of systems and procedures used to validate the identity,
age and legal residency of account holders and procedures validating the
legality of wagers accepted;
8) A
detailed description of procedures to allow the Board prompt access to all
records relating to customer identification, age and residency in hard copy or
standard electronic format acceptable to the Board;
9) A
detailed description of procedures to allow the Board prompt access to customer
account detail in hard copy or an electronic format acceptable to the Board for
customers who are Illinois residents;
10) A
description of the secure retention procedures of all records related to
wagering and customers accounts for a period of not less than three years or a
period specified by the Board;
11) A
copy of account holder rules/terms governing the acceptance and management of
accounts, and a copy of any amendments in the rules at least 10 days prior to
the effective date of those amendments;
12) A
bond from a surety company admitted in the State of Illinois or other form of
financial security in the amount of $500,000; and
13) A
chart illustrating the organizational structure, including reporting lines.
c) All
employees working on behalf of the ADW licensee shall either be licensed by the
Board or licensed by the state where the ADW center is located. In addition,
key personnel (persons that have the authority to develop or administer policy
or to make discretionary decisions) shall be licensed by the Board.
d) An
ADW licensee shall utilize or contract with a Board approved and licensed
totalisator system.
e) An
ADW licensee must operate and communicate with the totalisator system in such a
way as not to provide or facilitate a wagering advantage based on access to
wagering information and methods of processing wagers by ADW account holders
relative to persons who wager at racetracks or off track wagering facilities.
 | TITLE 11: ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING
SUBTITLE B: HORSE RACING CHAPTER I: ILLINOIS RACING BOARD SUBCHAPTER a: GENERAL RULES PART 325
ADVANCE DEPOSIT WAGERING (ADW)
SECTION 325.30 ADVANCE DEPOSIT WAGERING RULES
Section 325.30 Advance Deposit Wagering Rules
a) The ADW
licensee shall notify the patron, at the time of opening the account, of any
rules the ADW licensee has made concerning deposits, withdrawals, average daily
balance, user fees, interest payments and any other aspect of the operation of
the account. The ADW licensee shall notify the patron, whenever the rules
governing the account are changed, before the new rules are applied to the
account and shall include the opportunity for the patron to close or cash-in
the account. The patron shall be deemed to have accepted the rules of account
operation upon establishing and maintaining a balance on the account.
b) The ADW
licensee reserves the right at any time and for any reason to refuse to open a
patron account, to accept a wager, to
accept a deposit, or to close an account.
c) Each
account holder shall provide such personal information as the ADW licensee and
the Board require by mail, email or on-line application, including an address
to which communications are to be delivered. The ADW licensee shall provide
each account holder an account number, username and password to be used by the
patron to confirm the validity of every account transaction. Each account holder shall be responsible for keeping his
or her username and password confidential and shall be deemed to be aware of
the status of that account at all times and responsible for all activity on the
account. Wagers shall not be accepted that would exceed the available balance
of that account. Any account not updated when a transaction is completed shall
be inoperable until the transaction is posted and the account balance updated.
d) Account
deposits may be made in cash, check, money order, credit card, debit card,
other electronic fund transfers, or any other means if permitted by the ADW licensee.
As allowable by State and federal law, deposit holding periods will be
permitted by the ADW licensee. A receipt for the deposit, in hard copy or
electronic format, shall be issued to the account holder, but does not need to
reflect the current account balance.
e) When
a customer account is entitled to a payout or refund, monies shall be credited
promptly to the respective accounts. The account holder shall verify proper
credits and notify the ADW licensee pursuant to the terms of the customer
agreement. Unresolved disputes may be forwarded to the Board by the ADW licensee
or the account holder. No claim shall be considered by the Board unless
submitted in writing and accompanied by supporting evidence.
f) Account Operation
1) The ADW
licensee must maintain complete records of every deposit, withdrawal, wager and
winning payout. These records shall be made available to the Board upon
request.
2) For
account wagers made by telephone, the ADW licensee shall make a voice or data
recording of the entire transaction and shall not accept any wager if the voice
or data recording system is inoperable. Voice and data recordings shall be
retained for not less than 6 months and shall be made available to the Board
upon request. In the case of a wager made by telephone, the voice or data
recording of the confirmation of the transaction shall be deemed to be the
actual wager, regardless of what was recorded by the pari-mutuel system.
3) The ADW
licensee shall provide for the account holder's review and verification of a
wager before it is accepted by the ADW licensee. Neither the account holder
nor the ADW licensee shall change a wager after the account holder has reviewed
and verified the wager. All wagering cancellation policies shall be approved
by the State Director of Mutuels.
g) The ADW
licensee may close any account with an insufficient balance or dormancy
pursuant to the terms of the customer agreement. The ADW licensee shall refund
the remaining balance of the closed account to the account holder.
 | TITLE 11: ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING
SUBTITLE B: HORSE RACING CHAPTER I: ILLINOIS RACING BOARD SUBCHAPTER a: GENERAL RULES PART 325
ADVANCE DEPOSIT WAGERING (ADW)
SECTION 325.40 REQUIREMENTS TO ESTABLISH AN ADVANCE DEPOSIT WAGERING ACCOUNT
Section 325.40 Requirements to Establish an Advance
Deposit Wagering Account
a) Accounts
shall be established in person or by mail, telephone or electronic media before
any wagering shall be conducted. An account shall only be established in the
name of an individual and is non-transferable.
b) Any
individual prohibited from wagering by the Board shall be prohibited from establishing
an account or placing a wager.
c) The information required
to establish an account shall include:
1) Account holder's full
legal name.
2) Principal residence
address.
3) Telephone number.
4) Social security number.
5) Identification
or certification to prove the account holder is at least 18 years of age.
6) Any other information
required by the ADW licensee.
d) The ADW
licensee shall employ electronic verification with respect to each account
holder's name, principal residence address, date of birth and social security
number at the time of account establishment by a Board-approved, independent,
credit reference service or other verification service as approved by the
Board. If the verification process fails, using procedures approved by the
Board, the ADW licensee may accept physical proof of age, identity and
residency through actual documentation.
e) The ADW
licensee may refuse to establish an account if it is found that any of the
information supplied is false or incomplete or for any other reason the ADW
deems appropriate. An ADW licensee may close accounts for violation of its
terms of agreement or any other reason it deems appropriate.
f) An
ADW licensee may cease wagering on any particular race or racetrack.
g) The account
holder shall designate a means of personal identification verification to use
to access his or her account.
h) An
ADW licensee shall designate an account number for each account. The ADW licensee
shall inform the account holder of the assigned account number and provide a
copy of its ADW procedures, terms and conditions, as well as any information
that pertains to the operation of the account.
i) The ADW
licensee shall comply with Internal Revenue Service requirements for reporting
and withholding proceeds from advance deposit wagers by account holders and
shall send to account holders subject to IRS reporting or withholding a Form
W2-G summarizing the information for tax purposes following a winning wager
being deposited into an account. Upon written request, the ADW licensee shall
provide account holders with summarized tax information on advance deposit
wagering activities.
j) Only
Illinois residents who have accounts with an ADW licensee licensed by the Board
may engage in advance deposit wagering.
 | TITLE 11: ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING
SUBTITLE B: HORSE RACING CHAPTER I: ILLINOIS RACING BOARD SUBCHAPTER a: GENERAL RULES PART 325
ADVANCE DEPOSIT WAGERING (ADW)
SECTION 325.50 POWERS OF THE BOARD
Section 325.50 Powers of the Board
a) The
Board shall have unrestricted access to all records and financial information
of the ADW licensee, including all account information. This information shall
be made available to the Board, by the ADW licensee, upon notice from the Board
to the extent that disclosure is not expressly prohibited by law. Board access
to and use of information concerning wager transactions and ADW customers shall
be considered proprietary and shall not be disclosed publicly, except as may be
required by law. This information may be shared for multi-jurisdiction
investigative purposes. An ADW licensee shall report to the Board any known or
suspected rule violations by any person involving ADW and cooperate in any
subsequent investigations.
b) The following reports
shall be available for inspection by the Board upon request:
1) ADW handle;
2) Reports for taxation
purposes;
3) Customer complaints;
4) List of active
accounts;
5) List of excluded
persons;
6) List of account
holders;
7) Log of all system
accesses; and
8) List of all deposits,
withdrawals, wagers and winning payouts.
 | TITLE 11: ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING
SUBTITLE B: HORSE RACING CHAPTER I: ILLINOIS RACING BOARD SUBCHAPTER a: GENERAL RULES PART 325
ADVANCE DEPOSIT WAGERING (ADW)
SECTION 325.60 ORGANIZATION LICENSEE SIMULCAST SIGNALS AND COMMISSION FEES
Section 325.60 Organization Licensee Simulcast Signals
and Commission Fees
a) All
advance deposit wagering licensees shall televise or broadcast or display via
the internet the simulcast signal of the live racing of all organization
licensees and accept wagers on the live racing of all organization licensees.
b) Advance
deposit wagering licensees shall not be permitted to accept out-of-state wagers
on any organization licensee's live racing signal without the approval and
consent of the organization licensee providing the signal.
c) The
Board finds that, as a means to maximize and support the highest simulcast
commission rates charged to out-of-state entities by all organization licensees
and therefore maximize revenues to horsemen's purse accounts and organization
licensees, and to establish commission and purse splits consistent with
existing wagering facility revenue divisions, all organization licensees shall
provide their live racing simulcast signal to all advance deposit wagering
licensees for a simulcast commission fee not to exceed 8%.
d) An advance
deposit wagering licensee's interstate commission fee shall not exceed 9%
except for Grade 1 thoroughbred races and harness races with purses of $200,000
or more.
(Source: Amended at 35 Ill.
Reg. 522, effective January 1, 2011)
 | TITLE 11: ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING
SUBTITLE B: HORSE RACING CHAPTER I: ILLINOIS RACING BOARD SUBCHAPTER a: GENERAL RULES PART 325
ADVANCE DEPOSIT WAGERING (ADW)
SECTION 325.70 INTERSTATE SIMULCAST SIGNALS
Section 325.70 Interstate Simulcast Signals
The Board finds that, as a means of maximizing revenues to
the State, horsemen's purses, and organization licensees, the Board may
prohibit any advance deposit wagering licensee from receiving a signal from any
out-of-state racetrack if it finds that another Illinois advance deposit
wagering licensee has been unreasonably denied the same interstate simulcast
signal.
(Source: Added at 34 Ill.
Reg. 10517, effective July 12, 2010)
 | TITLE 11: ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING
SUBTITLE B: HORSE RACING CHAPTER I: ILLINOIS RACING BOARD SUBCHAPTER a: GENERAL RULES PART 325
ADVANCE DEPOSIT WAGERING (ADW)
SECTION 325.80 ANTI-COMPETITIVE PRACTICES
Section 325.80 Anti-Competitive Practices
a) No
licensee shall engage in any anti-competitive practices in the process of
contracting for the right to receive or send any interstate simulcast signal or
wagering on such signal. For the purpose of this Part, anti-competitive
practices shall include, but not be limited to:
1) any
agreement to pay excessive or unreasonable fees for the right to receive an
interstate signal. In determining whether a fee is excessive or unreasonable,
the Board shall consider prevailing rates paid for comparable signals in the
past, and whether any commonality of ownership or revenue sharing exists,
partially or wholly, between the Illinois licensee and the entity receiving the
fees; or
2) any
agreement, combination, trust or joint enterprise with any other track or
entity in which multiple interstate signals are bundled together for the
purpose of securing an excessive or unreasonable fee for one or more signals in
the group in exchange for the right to receive any of the signals in the group;
or
3) any
other activity designed to artificially inflate prices beyond reasonable market
rates.
b) Licensees
in violation of this Part shall be subject to civil penalties up to $10,000 per
occurrence and/or license suspension or revocation.
(Source: Added at 35 Ill.
Reg. 522, effective January 1, 2011)
|
|
|
|
|
|
|
|