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Can I collect bank account information from participants in Arizona? What are the requirements?
Based on the additional context documents, here is an updated response to your query:
Collecting Bank Account Information in Arizona for Event Wagering
According to AZAC Title 19, Chapter 4, Article 1, Section 13, R19-4-113, responsible parties in event wagering must maintain a bank account or accounts for funds in player accounts that are separate and distinct from all other corporate accounts, unless otherwise agreed to by the Department. The account or accounts for player funds shall be used for all player deposits, receipts, and disbursements relating to event wagering under the Act. The responsible party shall utilize a software accounting system that separates and distinguishes all receipts and disbursements regarding or in any way relating to event wagering activity under the Act, the operation, and the construction or operation of event wagering facilities.
Therefore, it appears that you may collect bank account information from participants in relation to event wagering in Arizona, but it must be done in compliance with the above requirements.
Requirements for Licensure
Additionally, AZRS 5-1304 outlines the requirements for licensure in event wagering in Arizona. Applicants for an event wagering license must submit an application in a form prescribed by the department, including identification of the applicant’s principal owners that own more than five percent of the company, the partners, the members of its board of directors and the officers, and information to verify that the applicant is qualified to hold a license under subsection A of this section. Applicants must also provide information, documentation, and assurances concerning financial background and resources of the applicant or its management services provider as may be required to establish by clear and convincing evidence the financial stability and responsibility of the applicant or its management services provider, including bank references, business and personal income and disbursement schedules, tax returns, and other reports filed with governmental agencies, and business and personal accounting and check records and ledgers. Each applicant or its management services provider, in writing, shall authorize the examination of all bank accounts and records as may be deemed necessary by the department.
Player Account Terms and Conditions
Player account terms and conditions shall include the following: 1. Name of the responsible party with whom the patron is entering into a contractual relationship; 2. Patron’s consent to have the responsible party confirm the patron’s age and identity; 3. Rules and obligations applicable to the patron with regard to allowing any other person to access or use his or her player account and being physically present in the State to place a wager; 4. Patron’s consent to the monitoring and recording by the responsible party of any event wagering communication and geographic location information; 5. Privacy policy; 6. Legal age policy; 7. Rules for player account suspension; 8. Rules for dormant player accounts; 9. Rules for closing player accounts; 10. Availability of player account statements; and 11. The statewide problem gambling toll-free helpline tele- phone number, text message and website information [1.2].
Player Account Creation and Maintenance
A patron may establish a player account in person or by electronic means. Responsible parties shall verify a patron’s age and identity before allowing that patron to utilize a player account to place event wagers. Responsible parties may utilize an identity verification service provider to confirm a patron’s age and identity. Responsible parties shall prohibit a patron from having more than one player account and username. Responsible parties shall establish and maintain each player account file with the following: 1. Patron’s legal name; 2. Patron’s date of birth; 3. The last four digits of the patron’s social security number, the patron’s driver’s license number, or an equivalent identification number for a noncitizen; 4. Patron’s account number or username; 5. Patron’s residential address; 6. Patron’s e-mail address; 7. The method used to verify the patron’s identity; 8. The date of verification; and 9. Acknowledgement of event wagering terms and conditions, including any subsequent updates. Responsible parties shall notify patrons of the establishment of a player account and the associated terms and conditions. All adjustments to a player account shall be authorized by the responsible party and periodically reviewed by an employee independent of the adjustment. A patron shall be allowed to withdraw the funds maintained in his or her player account. Upon verification by the responsible party, the patron’s request to withdraw funds shall be honored within seven days of the request. The responsible party may decline to honor a patron request to withdraw funds if the responsible party believes that the patron engaged in either fraudulent conduct or other conduct that would put the responsible party in violation of the law or this Article. In such cases, the responsible party shall provide notice to the patron of the delay in honoring the request to withdraw funds from the player account; investigate in an expedient fashion; notify the patron of the final determination of the request to withdraw funds; and notify the Department of any investigation that confirmed fraudulent conduct. The responsible party shall consider a player account to be dormant if the patron has not logged into the player account for at least three years. A dormant account shall be closed by the responsible party. Upon closure of a dormant account, the responsible party shall make reasonable efforts to contact the account holder to return any unclaimed funds as required by A.R.S. § 44-307(E). After 120 days of attempting to contact the account holder, the unclaimed funds in a dormant account shall be presumed abandoned. Responsible parties shall remit all abandoned funds to the Arizona Department of Revenue as required by A.R.S. § 44-307 [1.3][1.4].
Therefore, it appears that you may collect bank account information from participants in relation to event wagering in Arizona, but it must be done in compliance with the requirements outlined in AZAC Title 19, Chapter 4, Article 1, Section 13, R19-4-113 and AZRS 5-1304. Additionally, player account terms and conditions must include specific information, and player account creation and maintenance must follow certain guidelines as outlined in the relevant documents.
Source(s):
- [1.2] Player Account Terms and Conditions
- [1.3] Player Account Creation
- [1.4] Player Account Maintenance
Jurisdiction
Arizona