Mass. General Laws c.23N § 3

Definitions

Updates

• Added by St.2022, c.173, § 5, effective August 10, 2022
• Amended by St.2023, c.2, § 8, effective March 29, 2023

Section 3

As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Adjusted gross fantasy wagering receipts”, the total gross receipts from fantasy contests as defined in section 11M1/2 of chapter 12, less only the total of all cash prizes paid to participants in the fantasy contests; provided, however, that the total of all cash prizes paid to participants shall not include the cash equivalent of any merchandise or thing of value awarded as a prize.

“Adjusted gross sports wagering receipts”, the total gross receipts from sports wagering less the sum of: (i) the total of all winnings paid to participants; and (ii) all excise taxes paid pursuant to federal law; provided, however, that the total of all winnings paid to participants shall not include the cash equivalent of any merchandise or thing of value awarded as a prize.

“Affiliate”, a person who directly or indirectly controls, or is controlled by, or is under common control with, a specified person.

“Applicant”, a person who has applied for a license to engage in activity regulated under this chapter.

“Breaks”, the odd cents over any multiple of 10 cents of winnings per $1 wagered.

“Category 1 license”, a license issued by the commission that permits the operation of sports wagering in person at a gaming establishment, as defined in section 2 of chapter 23K, and through not more than 2 individually-branded mobile applications or other digital platforms approved by the commission; provided, that the mobile applications or other digital platforms shall be qualified for and issued a category 3 license.

“Category 2 license”, a license issued by the commission that permits the operation of sports wagering in-person on the premises where either: (1) live horse racing is conducted in accordance with chapter 128A or (2) the licensee is authorized by law to conduct simulcast wagering on horse or greyhound racing, and through not more than 1 individually branded mobile application or other digital platform approved by the commission; provided, that the mobile applications or other digital platforms shall be qualified for and issued a category 3 license; provided further, that the commission may issue a category 2 license to: (1) a person or entity licensed by the commission in accordance with said chapter 128A to conduct a live horse racing meeting, (2) a running horse racing licensee that conducted simulcast wagering as of December 31, 2020 as authorized by law, or (3) a greyhound meeting licensee that conducted simulcast wagering as of December 31, 2020 as authorized by law; provided further, a category 2 licensee shall make a capital investment of not less than $7,500,000 within 3 years after receiving a sports wagering license.

“Category 3 license”, a license issued by the commission that permits the operation of sports wagering through a mobile application and other digital platforms approved by the commission.

“Close associate”, a person who holds a relevant financial interest in, or is entitled to exercise power in, the business of an applicant or licensee and, by virtue of that interest or power, is able to exercise a significant influence over the management or operation of a gaming establishment or business licensed under this chapter.

“Collegiate sport or athletic event”, a sport or athletic event offered or sponsored by, or played in connection with, a public or private institution that offers educational services beyond the secondary level.

“Collegiate tournament”, a series of collegiate sports or athletic events involving four or more collegiate teams that make up a single unit of competition.

“Commission”, the Massachusetts gaming commission established in section 3 of chapter 23K.

“Electronic sports”, a single or multiplayer video game played competitively for spectators.

“Governmental authority”, any governmental unit of a national, state or local body exercising governmental functions, except the United States government.

“License”, any license applied for or issued by the commission under this chapter, including, but not limited to: (i) an operator license or (ii) an occupational license.

“National criminal history background check”, a criminal history background check conducted using the criminal history record system maintained by the Federal Bureau of Investigation and based on fingerprint identification or any other method of positive identification.

"Occupational license", a license required to be held by the following
employees of an operator when the employee performs duties directly related to the operation of sports wagering in the commonwealth in the following, or equivalent, roles: (i) general manager; (ii) assistant general manager; (iii) gaming or sports wagering manager; (iv) chief of security; (v) chief surveillance officer; (vi) chief compliance officer; (vii) principal executive officer; (viii) principal accounting officer; (ix) chief information officer; (x) chief technology officer; (xi) electronic gaming device manager; (xii) information technology manager; (xiii) software development manager; (xiv) shift supervisor of an in-person sports wagering department; or (xv) shift supervisor in the surveillance, cage or player development departments.

“Official league data”, statistics, results, outcomes and other data relating to a sporting event that is obtained pursuant to an agreement with the relevant sports governing body, or with an entity expressly authorized by the relevant sports governing body to provide such data to sports wagering operators, which authorizes the use of such data for determining the outcome of tier 2 sports wagers on such sporting event.

“Operator” or “sports wagering operator”, any entity permitted under this chapter to offer sports wagering to persons in the commonwealth through a category 1 license, category 2 license or category 3 license.

“Operator license”, a category 1 license, category 2 license or category 3 license to operate sports wagering.

“Person”, an individual, corporation, association, operation, firm, partnership, trust or other form of business association.

“Personal biometric data”, any information about an athlete that is derived from that athlete’s physical or physiological characteristics, including, but not limited to, deoxyribonucleic acid, heart rate, blood pressure, perspiration rate, internal or external body temperature, hormone levels, glucose levels, hydration levels, vitamin levels, bone density, muscle density or sleep patterns.

“Players association”, a professional sports association recognized by a sports governing body that represents professional athletes.

“Professional sport or athletic event”, an event at which 2 or more persons participate in a sport or athletic event and receive compensation in excess of actual expenses for their participation in such event.

“Promotional gaming credit”, a sports wagering credit or other item issued by an operator to a patron to enable the placement of a sports wager.

“Qualified gaming entity”, an entity that: (i) holds a gaming license as defined in section 2 of chapter 23K; (ii) (a) is licensed by the commission in accordance with chapter 128A to conduct a live horse racing meeting, (b) is a running horse racing licensee that conducted simulcast wagering as of December 31, 2020 as authorized by law or (c) is a greyhound meeting licensee that conducted simulcast wagering as of December 31, 2020 as authorized by law; or (iii) offers an interactive sports wagering platform through a mobile application or other digital platform.

“Sports event” or “sporting event”, a professional sport or athletic event, collegiate sport or athletic event, a collegiate tournament, motor race event, electronic sports event or other event authorized by the commission under this chapter; provided, however, that “sporting event” shall not include: (i) high school and youth sports or athletic events; or (ii) a collegiate sport or athletic event involving 1 or more collegiate teams from the commonwealth unless they are involved in a collegiate tournament.

“Sports governing body”, an organization that is headquartered in the United States and prescribes final rules and enforces codes of conduct with respect to a sporting event and participants therein; provided, however, that, notwithstanding the foregoing, the commission shall adopt regulations to determine the governing body for electronic sports for the purposes of this chapter.

“Sports wager”, a wager on a sporting event or a portion of a sporting event.

“Sports wagering”, the business of accepting wagers on sporting events or portions of sporting events, other events, the individual performance statistics of athletes in a sporting event or other events or a combination of any of the same by any system or method of wagering approved by the commission including, but not limited to, mobile applications and other digital platforms; provided, that sports wagering shall not include the acceptance of any wager: (i) with an outcome dependent on the performance of an individual athlete in any collegiate sport or athletic event, including, but not limited, to in-game or in-play wagers; (ii) on a high school or youth sporting event; (iii) on injuries, penalties, player discipline or replay review; and provided further, that sports wagering shall not include fantasy contests as defined in section 11M½ of chapter 12. Sports wagering shall include, but shall not be limited to, single-game bets, teaser bets, parlays, over-under, moneyline, pools, exchange wagering, in-game wagering, in-play bets, proposition bets and straight bets.

“Sports wagering account”, a financial record established by an operator for a patron in which the patron may deposit by any method approved by the commission and withdraw funds for sports wagering and other authorized purchases and to which the operator may credit winnings or other amounts due to or authorized by that patron; provided, however, that such account may be established and funded by the patron electronically through an approved mobile application or digital platform; and provided further, that a deposit into a sports wagering account shall not be made using a credit card.

“Tier 1 sports wager”, a sports wager that is determined solely by the final score or outcome of a sporting event and is placed before the sporting event has begun.

“Tier 2 sports wager”, a sports wager that is not a tier 1 sports wager.

“Wager”, a sum of money or thing of value risked on an uncertain occurrence.

Last updated:	March 29, 2023