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Can I obtain a fantasy sports license in Massachusetts? What are the requirements?
To obtain a fantasy sports license in Massachusetts, you must comply with the regulations set forth in 940 CMR 34.00 and 205 CMR 234.00. The requirements for obtaining a license vary depending on the type of license you are seeking.
If you are a DFSO that runs both DFS contests and season-long fantasy sports games, you may be eligible for an exemption from certain regulations if you meet certain criteria. Specifically, if you have run 1,000 or more exempt contests annually for a period of at least two years, 940 CMR 34.00 shall apply only to your DFS contest business or businesses provided that:
- Your DFS contests are segregated from your non-DFS contests and exempt contests;
- You apply this regulation to all of your DFS contests on any game platform;
- Entry into your DFS contests and your exempt contests requires separate input of personal and financial information in the on-boarding process, separate age-verification routines, and a separate login process to access the account, including separate passwords or separate account authentication processes; and
- You do not target individual promotional activities or individual advertising for your DFS contests to minors who participate in your exempt contests. [1.1]
If you are a sports wagering vendor, you may be eligible for a temporary license if you meet certain criteria. To obtain a temporary sports wagering vendor license, you must:
- File a completed application with the Commission and submit all of the disclosure forms as required by the Division of Licensing;
- Certify, and the Commission must find, that the issuance of a temporary sports wagering vendor license is necessary for the operation of sports wagering and is not designed to circumvent the normal licensing procedures;
- Certify that, to the best of your reasonable knowledge and belief, the proposed temporary sports wagering vendor meets the qualifications for licensure pursuant to 205 CMR 234.05 and that you understand that you may be denied an operator license if you have willfully, knowingly, or intentionally provided false or misleading information regarding the proposed vendor. [2.2]
An Applicant for a Sports Wagering Vendor License and any Sports Wagering Vendor qualifier shall establish individual qualifications by clear and convincing evidence. In determining whether an Applicant for licensure is suitable for purposes of being issued a Sports Wagering Vendor License, being qualified as a Sports Wagering Vendor qualifier or for having a Sports Wagering Vendor License or qualification renewed, the Bureau shall evaluate and consider the overall reputation of the Applicant and qualifiers, if any, including, without limitation: (a) the integrity, honesty, good character and reputation of the Applicant and qualifiers; (b) the financial stability, integrity, and background of the Applicant and qualifiers; (c) whether the Applicant and its qualifiers have a history of compliance with gaming and Sports Wagering licensing requirements in other jurisdictions; (d) whether the Applicant or any qualifier, at the time of application, is a defendant in litigation; (e) whether the Applicant is disqualified from receiving a license under 205 CMR 234.05(3); (f) whether the Applicant or any qualifier has been convicted of a crime of moral turpitude; (g) whether, and to what extent, the Applicant or any qualifier has associated with members of organized crime and other Persons of disreputable character; (h) the extent to which the Applicant and qualifiers have cooperated with the Bureau in connection with the background investigation; and (I) the integrity, honesty, and good character of any subcontractor. [2.1]
Therefore, to obtain a fantasy sports license in Massachusetts, you must comply with the regulations set forth in 940 CMR 34.00 and 205 CMR 234.00. The requirements for obtaining a license vary depending on the type of license you are seeking. If you are a DFSO that runs both DFS contests and season-long fantasy sports games, you may be eligible for an exemption from certain regulations if you meet certain criteria. If you are a sports wagering vendor, you may be eligible for a temporary license if you meet certain criteria. Additionally, an Applicant for a Sports Wagering Vendor License and any Sports Wagering Vendor qualifier shall establish individual qualifications by clear and convincing evidence.
Source(s):
- [1.1] DFSOs That Run Both DFS Contests and Season-long Fantasy Sports Games
- [2.1] Affirmative License Standards for Sports Wagering Vendors
- [2.2] Temporary Licenses for Sports Wagering Vendors
Jurisdiction
Massachusetts