DEPARTMENT OF TREASURY
MICHIGAN GAMING CONTROL BOARD
INTERNET GAMING RULES
Filed with the secretary of state on
These rules become effective immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.
(By authority conferred on the Michigan gaming control board by section 10 of the lawful internet gaming act, 2019 PA 152, MCL 432.310)
R 432.629 and R 432.654 of the Michigan Administrative Code are amended, and R 432.629a is added, as follows:
R 432.629 Vendors. Vendor
Requirements.
Rule 629. (1) All of the
following apply regarding vendor registration: Only vendors that are
either approved by the board as a registered vendor pursuant to R 432.629a, or
are exempt from registration under subrule (4) of this rule, may provide(a)
A vendor who provides goods or services, or both, directly or indirectly,
to an internet gaming operator or internet gaming platform provider in
connection with its Michigan internet gaming in this state operation
may be required to register with the board.
(2) Vendors requiring registration include, but are not limited to, the following:
(i)(a) Affiliate
marketers that do not have an agreement based on the sharing of gross
receipts or adjusted gross receipts customer revenue. In
connection with its vendor registration, the affiliate marketer must shall
certify it does not promote or market, or both, illegal online gaming sites to
individuals located in Michigan this state. An illegal online
gaming site is one that is not licensed to accept wagers from customers located
in this state Michigan or any other another state.
(ii)(b) Independent integrity monitoring providers.
(c) Payment processors.
(iii)(d) A person
that provides over $100,000.00 worth of goods or services, or both, to any
an internet gaming operator or internet gaming platform provider in
connection with its Michigan internet gaming operations in this state
in a calendar year.
(iv)(e) Data
centers providing physical security and infrastructure.
(v)(f) Any
other Another person as considered necessary by the board.
(b) Unless otherwise provided
for by the board, a person must be registered as a vendor before providing
goods or services, or both, as a vendor to an internet gaming operator or
internet gaming platform provider.
(c) (3) An internet
gaming operator or internet gaming platform provider is prohibited from
receiving goods or services in connection with internet gaming in this state from
a vendor that is either not registered with the board, or that is not exempt
from registration under subrule (4) of this rule using an unregistered
vendor to provide goods or services that require a vendor registration.
(d) (4) Unless
otherwise provided for by the board, the following persons are not required
to register as a vendor exempt from the vendor registration
requirement:
(i)(b) Insurance
companies.
(ii)(c) An person
individual or entity that provides legal services.
(iii)(d) Entities
providing medical related services.
(iv)(e) Michigan
public Public institutions of higher education in this state.
(v)(f) Public
utilities regulated by the Michigan public service commission.
(vi)(g) A Michigan
or federally chartered depository financial institution.
(vii)(h) An
individual person or business that provides goods or services as a
result of the licensee’s employees engaging in business travel, including
transportation, lodging, food, and fuel providers.
(viii)(i) A person
who that provides employee training or professional development
to a licensee.
(ix)(j) A person who
that provides conferences, seminars, publications, or memberships that will
directly contribute to the work performance or professional development of the
licensee’s employees.
(e) To register, a vendor must
complete and file with the board an application for registration and required
disclosure forms in the manner and form prescribed by the board. An application
for registration and required disclosure forms must be submitted to the board,
together with a nonrefundable application fee of $200.00 by a payment method
acceptable to the board, such as a certified check, cashier’s check, money
order made payable to “State of Michigan”, or electronic fund transfer.
(2) All of the following apply
regarding renewal of a vendor registration:
(a) A vendor must renew its
registration every 5 years after initial registration.
(b) A vendor intending to renew
its registration must, at least 30 days before expiration of its registration,
submit the annual registration fee and application in the manner and form
required by the board.
(3)(5) All
of the following requirements apply regarding vendor conduct regardless
of whether the vendor is required to register:
(a) A vendor shall must,
at all times, conduct itself in a manner that does not compromise the
integrity of internet gaming or and comply with violate
any the applicable provisions of the act and these rules.
(b) A vendor is subject to the jurisdiction of the board.
(c) A vendor shall provide information or records requested by the board.
(d) A vendor shall cooperate with the board in any investigation, inspection, audit, or inquiry.
(e) A vendor shall allow the board access to its facilities that are relevant to this state’s internet gaming operations.
(f) A vendor shall notify the board of any change in information previously submitted to the board.
(b)(6) The board
may conduct an investigation to determine if a vendor has acted in a manner
that does or could compromise the integrity of internet gaming in this state. The
following may be considered during an investigation:
(i) Criminal
records.
(ii)
Suspension of licenses, registration certificates, or their equivalent, or any
other adverse actions in other jurisdictions.
(iii)
Business reputation.
(iv)
Associations with businesses and individuals.
(v)
Compliance with gaming laws and regulations in Michigan and other
jurisdictions.
(vi) Any other
information considered appropriate by the board.
(c) Vendors agree to be subject
to the jurisdiction of the board; have a continuing duty to provide information
or records requested by the board; must cooperate with the board in any
investigation, inspection, audit, or inquiry; and must allow the board access
to its facilities that are relevant to Michigan internet gaming operations.
(d)(7) If the
investigation reveals a vendor’s conduct could or does compromise the integrity
of internet gaming in this state, the board may issue a cease and desist cease-and-desist
order, obtain injunctive relief, or take any other action necessary to
protect the integrity of internet gaming in this state, or all 3.
(e) Vendors have a continuing
duty to notify the board of any change in information previously submitted to
the board.
R 432.629a Vendor Registration.
Rule 629a. (1) To register, a vendor shall complete and file with the board an application for registration and provide the required information in the manner and form prescribed by the board.
(2) An application for registration and the required information must be submitted to the board, together with a nonrefundable application fee of $200.00 by a payment method acceptable to the board, such as a certified check, cashier’s check, money order made payable to “State of Michigan”, or electronic fund transfer.
(3) The board shall investigate all vendor applications for registration. The following may be considered during an investigation:
(a) Criminal records.
(b) Suspension of licenses or registrations, or their equivalent, or other adverse actions in other jurisdictions.
(c) Business reputation.
(d) Associations with businesses and individuals.
(e) Compliance with gaming laws and regulations in this state and other jurisdictions.
(f) Compliance with all local, state, and federal tax laws.
(g) Other information considered appropriate by the board.
(4) The executive director shall approve or deny an application for registration. If an application is denied, the person may submit a hearing request as provided for under R 432.614(2).
(5) A vendor shall renew its registration every 5 years after the vendor’s initial registration.
(6) A vendor intending to renew its registration shall, at least 30 days before expiration of the vendor’s registration, submit the required registration fee and application in the manner and form required by the board.
R 432.654 Responsible gaming.
Rule 654. Each internet gaming
operator’s website or internet gaming platform must display a responsible
gaming logo in a manner approved by the board to direct an authorized
participant to the internet gaming operator’s website or internet gaming
platform responsible gaming page. The responsible gaming page must be
accessible to an authorized participant during an authorized participant
session and must contain, but is not limited to, the following:
(a) A prominent message,
that informs authorized participants of a toll-free compulsive helpline
number that the participants can call for help with a gambling problem. states
"If you or someone you know has a gambling problem and wants help, call
the Michigan Department of Health and Human Services Gambling Disorder
Help-line at: 800-270-7117”.
(b) A direct link to the Michigan
Gaming Control Board Compulsive/Problem Gambling website (https://www.michigan.gov/mgcb/0,4620,7-351-79256-231582--,00.html)
and other organizations based in the United States that are dedicated to
helping people with potential gambling problems.
(c) A clear statement of the internet gaming operator’s or internet gaming platform provider’s policy and commitment to responsible gaming.
(d) Other responsible gaming measures required by the board.