Regulation 5, Operation of Gaming Establishments Page 34
(Rev. 05/24)
under review in writing to the Board and the licensee no later than the tenth day of the next month. The
report shall include the licensee’s statement addressing each day of noncompliance and the corrective
measures taken.
(h) The report described in paragraph (g) of this subsection may be prepared by an employee of the
licensee that is independent of the gaming operations if written approval has been received from the Chair.
The report must contain the signature of an employee attesting to the accuracy of the submitted information.
(i) If the Chair is notified pursuant to paragraph (f) of this subsection, or the report described in
paragraph (g) of this subsection indicates that at any time during the month under review the amount of the
reserve did not meet the requirements of this section, the Chair may instruct the book to either increase the
reserve accordingly or cease accepting wagers and money for the account of patrons until such time as the
reserve meets the requirements of this subsection and is confirmed to the Chair’s satisfaction. The Chair
may demand that this reserve be increased to correct any deficiency or for good cause to protect patrons.
(j) If the reserve exceeds the requirements of this subsection, the Chair shall, upon the licensee’s
written request, authorize the release of the excess.
(k) When a licensee ceases operating and its license lapses, is surrendered, or is revoked, the Chair
may demand payment of the reserve, any income accruing on the reserve after operations cease, and, if
instructions from the Chair that income accruing on the reserve not be paid to the licensee are in effect
when operations cease, any income accruing since the instructions took effect. The Board may interplead
the funds in state district court for distribution to the patrons for whose protection and benefit the reserve
was established and to such other persons as the court determines are entitled thereto, or shall take such
other steps as are necessary to effect the proper distribution of the funds, or may do both.
(l) As used in this subsection, “month” means a calendar month unless the Chair requires or approves
a different monthly period to be used for purposes of this subsection, in which case “month” means the
monthly period so required or approved.
21. Upon written request and good cause shown, the Chair may waive one or more of the requirements
of subsection 20 of this Regulation. If a waiver is granted, the Chair may impose alternative requirements.
(Adopted: 5/17. Amended: 1/19; 10/19; 8/21; 1/22; 4/22; 9/23.)
5.230 Hosting center; registration required.
1. Before associated equipment, cashless wagering systems, games, gaming devices, race book
operations, or sports pool operations, in whole or in part, can be housed at a hosting center, the hosting
center, including any individual or entity having significant control over the operations of the hosting center,
as determined by the Board Chair, that may include without limitation, controlling shareholders, officers,
directors, or other principals, must register with the Board pursuant to this section and section 4.200 of
these regulations. A registration required by this subsection is not effective until the Board Chair, or the
Chair’s designee, notifies the applicant for registration in writing that the applicant is registered with the
Board.
2. A hosting center registered pursuant to this section shall not have access to the software,
applications, or data contained or transacted on any associated equipment, cashless wagering system,
game, gaming device, race book operation, or sports pool operation of the gaming licensee housed at the
hosting center’s facility.
3. Each application for registration as a hosting center shall include a statement, subscribed by the
applicant, that the hosting center is in compliance, and agrees to remain in compliance with all applicable
standards of the International Organization for Standardization, including, without limit, ISO/IEC 27001,
27002, and 27017, or the equivalent.
4. Each applicant for registration as a hosting center shall provide a description of the facility and
services available, including without limitation, a description of its location, its available security measures,
its disaster recovery capabilities, and such other information as the Board Chair, or the Chair’s designee,
may require.
5. Notwithstanding section 4.200 of these regulations and except as otherwise provided herein, a
hosting center registration shall not expire or be subject to renewal. However, any individual or entity
registered as a person having significant control over the operations of such registered hosting center shall
be subject to the provisions of subsection 5 of section 4.200 of these regulations. The failure of a person
having significant control over the operations of a registered hosting center to renew their registration in
accordance with subsection 5 of section 4.200 of these regulations shall result in the expiration of both their
registration and the hosting center registration.