§ 1367-a. Mobile sports wagering. 1. (a) Except as provided in this\nsubdivision, the terms in this section shall have the same meanings as\nsuch terms are defined in subdivision one of section thirteen hundred\nsixty-seven of this title.\n (b) "Mobile sports wagering operator" for purposes of this section,\nmeans a mobile sports wagering operator as defined by section thirteen\nhundred sixty-seven of this title.\n 2. (a) No entity shall administer, manage, or otherwise make available\na mobile sports wagering platform to persons located in New York state\nunless licensed with the commission pursuant to this section.\n (b) Licenses issued by the commission shall remain in effect for up to\nten years. The commission shall establish a process for renewal.\n (c) The commission shall publish a list of all casinos and mobile\nsports wagering licensees licensed to offer mobile sports wagering in\nNew York state pursuant to this section on the commission's website for\npublic use.\n (d) All sports wagers through electronic communication placed in\naccordance with this section are considered placed or otherwise made\nwhen and where received by the mobile sports wagering licensee on such\nmobile sports wagering licensee's server or other equipment used to\naccept mobile sports wagering at a licensed gaming facility, regardless\nof the authorized sports bettor's physical location within the state at\nthe time the sports wager is placed; and provided further that the\nintermediate routing of electronic data in connection with mobile sports\nwagering shall not determine the location or locations in which a wager\nis initiated, received or otherwise made.\n 3. As a condition of licensure the commission shall require that each\nplatform provider authorized to conduct mobile sports wagering pay a\none-time fee of twenty-five million dollars. Such fee shall be paid\nwithin thirty days of gaming commission approval prior to license\nissuance and deposited into the state lottery fund for education aid.\n 4. (a) As a condition of licensure, each mobile sports wagering\noperator shall implement the following measures:\n (i) limit each authorized sports bettor to one active account on their\nplatform, and prevent anyone they know, or should have known to be a\nprohibited sports bettor from maintaining accounts or participating in\nany sports wagering offered by such mobile sports wagering operator;\n (ii) adopt appropriate safeguards to ensure, to a reasonable degree of\ncertainty, as defined by rules and regulations promulgated by the\ncommission, that authorized sports bettors are physically located within\nthe state when engaging in mobile sports wagering;\n (iii) prohibit minors from participating in any sports wagering\npursuant to rules and regulations promulgated by the commission;\n (iv) when referencing the chances or likelihood of winning in\nadvertisements or upon placement of a sports wager, make clear and\nconspicuous statements that are not inaccurate or misleading concerning\nthe chances of winning and the number of winners;\n (v) permit any authorized sports bettor to permanently close an\naccount registered to such bettor, on any and all platforms supported by\nsuch mobile sports wagering operator, at any time and for any reason;\n (vi) offer introductory procedures for authorized sports bettors, that\nshall be prominently displayed on the main page of such mobile sports\nwagering operator platform, that explain sports wagering;\n (vii) implement measures to protect the privacy and online security of\nauthorized sports bettors and their accounts;\n (viii) offer all authorized sports bettors access to his or her\naccount history and account details;\n (ix) ensure authorized sports bettors' funds are protected upon\ndeposit and segregated from the operating funds of such mobile sports\nwagering operator and otherwise protected from corporate insolvency,\nfinancial risk, or criminal or civil actions against such mobil
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