Code of the District of Columbia

§ 36–621.11. District-operated sports wagering; sports waging retailers.

(a)(1) The District of Columbia, through the Office, may conduct sports wagering authorized by this subchapter through any method of wagering, including mobile and online transactions; provided, that any systems used for mobile or online transactions include age and location verification technology designed to prevent unauthorized access by individuals whose age and current location have not been verified. The Office may engage a contractor or contractors to provide the systems and related services for accepting sports wagers.

(2) The Office may offer a mobile or on-line sports wagering product, either by taxing mobile and on-line licensed retailers at a rate of 20%, without limit to the number of licenses issued, or through contract with a limited number of partners operating an Office of Lottery and Gaming mobile and web-based sports wagering operation, whichever can be shown to return the most revenue to the District.

(3) Except for the revenue certified in the approved Fiscal Year 2020 budget for Fiscal Years 2020, 2021, 2022, and 2023, and $200,000 annually thereafter, which shall be dedicated to the Department of Behavioral Health for prevention and treatment of gambling addiction, all net revenue from sports wagering, whether from taxing licensed retailers, from contracts with vendors operating Office of Lottery and Gaming mobile and web-based sports wagering, or from licensed sports wagering retailers, shall be divided equally between the Early Childhood Development Fund, established by § 4-410.04, and the Neighborhood Safety and Engagement Fund, established by § 7-2413.

(b)(1) The Office shall license sports wagering retailers. Businesses that apply to be licensed as sports wagering retailers shall also be licensed as lottery and daily numbers game agents ("lottery licensees").

(2) Active lottery licensees, as well as new applicants, shall be required to apply to the Office for a separate sports wagering retailer license.

(3) In determining whether to approve an application for a sports wagering retailer ("retailer") license, the Office shall consider the:

(A) Financial responsibility of the business or operation;

(B) Accessibility of the place of business or operation to the public;

(C) Sufficiency of existing retailer licensees to serve the public; and

(D) Volume of expected District-operated sports wagering sales.

(c)(1) An applicant for a retailer license, which shall have a term of 2 years, shall meet all requirements for licensure and pay an application fee of $5,000.

(2) A retailer license may be renewed for 2-year periods; provided, that the licensee has continued to comply with all statutory and regulatory requirements and pays upon submission of a renewal application a $5,000 renewal fee.

(d) The Office shall require a retailer licensee to be bonded, in such amounts and in such manner as determined by the Office, and agree, in writing, to indemnify and save harmless the District of Columbia against any and all actions, claims, and demands of whatever kind or nature that the District of Columbia may incur by reason of or in consequence of issuing the retailer license to the licensee.

(e) Subject to fiscal limitations and requirements of law, the Office may authorize compensation for a retailer licensee in the manner and amounts the Office determines necessary and appropriate.

(f)(1) No sports wager shall be accepted under this section by other than a retailer licensee or an employee of the retailer licensee.

(2) An individual, group of individuals, or entity convicted of violating this subsection shall be subject to a fine not to exceed $5,000 or imprisonment not to exceed 6 months, or revocation of the retailer license, or all of the foregoing.

(3) Twenty-four months after May 3, 2019, the Office of the District of Columbia Auditor shall prepare a study evaluating the performance of the sports wagering instituted by this subchapterto determine the level of District revenue generated by mobile and online gaming compared to other similarly situated jurisdictions and submit the completed study to the Mayor and Council.


(Mar. 10, 1981, D.C. Law 3-172, § 311; as added May 3, 2019, D.C. Law 22-312, § 2(e), 66 DCR 1402; Mar. 19, 2020, D.C. Law 23-68, § 9, 67 DCR 743.)

Applicability

Section 16 of D.C. Law 23-68 provided that the changes made to this section by D.C. Law 23-68 shall apply as of October 1, 2019.

Applicability of D.C. Law 22-312: § 7177 of D.C. Law 23-16 amended § 5(a) of D.C. Law 22-312 to repeal the delayed applicability affecting this section. Therefore the creation of this section by D.C. Law 22-312 has been implemented.

Section 7177 of the Fiscal Year 2020 Budget Support Emergency Amendment Act of 2019 (D.C. Act 23-91) amended § 5 of D.C. Law 22-312 removing the applicability restriction impacting this section. Therefore the amendment of this section by D.C. Law 22-312 has been given effect.

Applicability of D.C. Law 22-312: § 5 of D.C. Law 22-312 provided that the creation of this section by § 2(e) of D.C. Law 22-312 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 9 of Fiscal Year 2020 Budget Support Clarification Second Emergency Amendment Act of 2019 (D.C. Act 23-201, Jan. 22, 2020, 67 DCR 731).

For temporary (90 days) amendment of applicability provision of D.C. Law 22-312, see § 7177 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of applicability provision of D.C. Law 22-312, see § 7177 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) creation of this section, see § 2(e) of the Sports Wagering Lottery Congressional Review Emergency Amendment Act of 2018 (D.C. Act 23-43, Apr. 15, 2019, 66 DCR 5273).

For temporary (90 days) creation of this section, see § 2(e) of the Sports Wagering Lottery Emergency Amendment Act of 2018 (D.C. Act 22-630, Jan. 30, 2019, 66 DCR 1745).