ASSEMBLY, No. 2172
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman WILLIAM F. MOEN, JR.
District 5 (Camden and Gloucester)
Assemblyman DONALD A. GUARDIAN
District 2 (Atlantic)
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
Co-Sponsored by:
Assemblyman Sampson and Assemblywoman Swift
SYNOPSIS
Includes electronic sports event as sports wagering; authorizes electronic
sports wagering at certain locations.
CURRENT VERSION OF TEXT
As reported by the Assembly Tourism, Gaming and the Arts Committee
with technical review.
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EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.
Matter underlined thus is new matter.
AN ACT concerning electronic sports events and wagering and 1
amending P.L.2018, c.33. 2
3
BE IT ENACTED by the Senate and General Assembly of the State 4
of New Jersey: 5
6
1. Section 1 of P.L.2018, c.33 (C.5:12A-10) is amended to read 7
as follows: 8
1. As used in this act: 9
“Casino” means a licensed casino or gambling house located in 10
Atlantic City at which casino gambling is conducted pursuant to the 11
provisions of P.L.1977, c.110 (C.5:12-1 et seq.). 12
“Commission” means the Casino Contro l Commission 13
established pursuant to section 50 of P.L.1977, c.110 (C.5:12-50). 14
“Collegiate sport or athletic event” means a sport or athletic 15
event offered or sponsored by or played in connection with a public 16
or private institution that offers educational services beyond the 17
secondary level. 18
“Division” means the Division of Gaming Enforcement 19
established pursuant to section 55 of P.L.1977, c.110 (C.5:12-55). 20
“Electronic sports event” means a competition between or 21
involving teams, individuals, or the operator, using a video game or 22
games which occur, or are hosted, at a physical location or 23
exclusively online. Electronic sports events and authorized 24
wagering on electronic sports events shall not be considered an 25
“authorized game” or “authorized gambling game” as defined in 26
section 5 of P.L.1977, c.110 (C.5:12-5). 27
“Former racetrack” means any former racetrack where a horse 28
race meeting was conducted within 15 years prior to the effective 29
date of P.L.2014, c.62 (C.5:12A-7 et seq.), excluding premises 30
other than the land contained within the racecourse oval. 31
“Internet sports pool operator” means an entity that is licensed as 32
a casino service industry enterprise pursuant to section 92 of 33
P.L.1977, c.110 (C.5:12-92). 34
“Online sports pool” means a sports wagering operation in which 35
wagers on sports events are made through computers or mobile or 36
interactive devices and accepted at a sports wagering lounge 37
through an online gaming system which is operating pursuant to a 38
sports wagering license issued by the division or racing 39
commission pursuant to P.L.2018, c.33 (C.5:12A-10 et al.). 40
“Operator” means a casino or a racetrack which has elected to 41
operate a sports pool, either independently or jointly, and any entity 42
with whom a casino or racetrack licensed to operate a sports pool 43
contracts to operate a sports pool or online sports pool, including an 44
Internet sports pool operator, on its behalf. 45
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“Professional sport or athletic event” means an event at which 1
two or more persons participate in sports or athletic events and 2
receive compensation in excess of actual expenses for their 3
participation in such event. 4
“Prohibited sports event” means any collegiate sport or athletic 5
event that takes place in New Jersey or a sport or athletic event in 6
which any New Jersey college team participates regardless of where 7
the event takes place. A “prohibited sports event” does not include 8
the other games of a collegiate sport or athletic tournament in which 9
a New Jersey college team participates, nor does it include any 10
games of a collegiate tournament that occurs outside New Jersey 11
even though some of the individual games or events are held in 12
New Jersey. A “prohibited sports event” includes all high school 13
sports events. A “prohibited sports event” includes electronic 14
sports and competitive video games that are sponsored by or 15
affiliated with a high school or electronic sports and competitive 16
video games and tournaments in which a majority of the 17
competitors are under 18 years of age. A “prohibited sports event” 18
does not include sports, electronic sports, or competitive video 19
game events in which persons under age 18 make up a minority of 20
the participants. 21
“Racetrack” means the physical facility and the land, as of the 22
effective date of P.L.2018, c.33 (C.5:12A-10 et al.), where a permit 23
holder conducts a horse race meeting with wagering under a license 24
issued by the racing commission pursuant to P.L.1940, c.17 (C.5:5-25
22 et seq.), and includes any former racetrack. 26
“Racing Commission” means the New Jersey Racing 27
Commission established by section 1 of P.L.1940, c.17 (C.5:5-22). 28
“Sports event” means any professional sport or athletic event, 29
any Olympic or international sports competition event and any 30
collegiate sport or athletic event, or any portion thereof, including, 31
but not limited to, the individual performance statistics of athletes 32
in a sports event or combination of sports events, except “sports 33
event” shall not include a prohibited sports event or a fantasy sports 34
activity, as defined in section 2 of P.L.2017, c.231 (C.5:20-2). A 35
“sports event” shall include any live competition or talent contest, 36
including awards competitions and competitive eating contests. 37
“Sports pool” means the business of accepting wagers on any 38
sports event by any system or method of wagering, including but 39
not limited to single-game bets, teaser bets, parlays, over-under, 40
moneyline, pools, exchange wagering, in-game wagering, in-play 41
bets, proposition bets, and straight bets. 42
“Sports wagering lounge” means an area wherein a licensed 43
sports pool is operated located in a casino hotel or racetrack. 44
(cf: P.L.2021, c.286, s.2) 45
46
2. Section 2 of P.L.2018, c.33 (C.5:12A-11) is amended to read as 47
follows: 48
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2. a. The division shall issue all sports wagering licenses and 1
renewals thereof to casinos. The racing commission shall issue all 2
initial sports wagering licenses to racetracks but the division shall have 3
responsibility for the renewal thereof. In addition to casino games 4
permitted pursuant to the provisions of P.L.1977, c.110 (C.5:12-1 et 5
seq.), a casino which holds a sports wagering license issued by the 6
division may operate a sports pool in accordance with the provisions 7
of this act and applicable regulations promulgated pursuant to this act. 8
A racetrack which holds an initial sports wagering license issued by 9
the racing commission or a sports wagering license that has been 10
renewed by the division may operate a sports pool in accordance with 11
the provisions of this act and applicable regulations promulgated 12
pursuant to this act. 13
The division may issue a transactional waiver to allow the 14
continued operation of an established sports wagering lounge and 15
authorization to conduct up to three online sports wagering operations 16
when a racetrack that holds a license issued by the racing commission 17
pursuant to P.L.1940, c.17 (C.5:5-22, et seq.) undergoes a material 18
change in ownership to a degree such that it would be required to file a 19
new application with the racing commission in order to continue to 20
operate pursuant to P.L.1940, c.17 (C.5:5-22 et seq.). A transactional 21
waiver issued pursuant to this section shall be for an initial period of 22
up to six months and may be renewed during the pendency of the 23
racing commission's consideration of a new application for up to three 24
one-year periods, but the division shall have the right to reexamine and 25
rescind the grant of the waiver at any time. 26
A racetrack at which a permit holder has scheduled a standardbred 27
horse race meeting within one year preceding the effective date of 28
P.L.2018, c.33 (C.5:12A-10 et al.) and that met the definition of a 29
racetrack under P.L.2018, c.33 (C.5:12A-10 et al.) on the effective 30
date thereof: 31
shall not be permitted to hold a sports wagering license as a former 32
racetrack on or after the effective date of P.L.2021, c.350, and 33
shall, as a condition of holding a sports wagering license after the 34
effective date of P.L.2021, c.350, schedule annually no fewer than 151 35
standardbred race dates, except that the annual number of scheduled 36
standardbred race dates may be decreased to no fewer than 75 37
standardbred race dates upon written consent from the Standardbred 38
Breeders' and Owners' Association of New Jersey. 39
A casino which holds a sports wagering license and a racetrack 40
which holds a sports wagering license may enter into an agreement to 41
jointly operate a sports pool at the racetrack, in accordance with the 42
provisions of this act and applicable regulations promulgated pursuant 43
to this act. A casino or racetrack that holds a sports wagering license 44
may conduct an online sports pool or may authorize an internet sports 45
pool operator licensed as a casino service industry enterprise pursuant 46
to section 92 of P.L.1977, c.110 (C.5:12-92), or an applicant for such 47
license, to operate an online sports pool on its behalf provided the 48
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terms of the agreement are approved by the division and, in the case of 1
a racetrack, the racing commission has been provided with notice of 2
any such division approval; provided, however, that each sports 3
wagering licensee may provide no more than three individually 4
branded websites, each of which may have an accompanying mobile 5
application bearing the same brand as the website for an online sports 6
pool [, those]. Those websites and mobile applications [, in the case 7
of a casino being in addition to or, in the discretion of the casino, in 8
conjunction with, any websites] shall be permitted to offer wagering 9
on traditional sports events and electronic sports events that are 10
approved for wagering by the division. Websites and mobile 11
applications [that] authorized by casino licensees may also offer other 12
types of Internet gaming pursuant to P.L.2013, c.27 (C.5:12-95.17 et 13
seq.). In addition, each sports wagering licensee may offer not more 14
than two additional individually branded websites with accompanying 15
mobile applications that offer wagering solely on electronic sports 16
events. No online sports pool shall be opened to the public, and no 17
sports wagering, except for test purposes, may be conducted therein, 18
until an Internet sports pool operator receives [approval] from the 19
division a permit to conduct an online sports pool [on behalf of a 20
casino or racetrack that holds a sports wagering license]. Sports 21
wagering licensees and operators may provide promotional credits, 22
incentives, bonuses, complimentaries, or similar benefits designed to 23
induce sports betters to wager. The division, in consultation with the 24
commission, shall establish by rule standards governing the provision 25
of these measures. The server or other equipment used by a racetrack 26
to accept wagers at a sports pool or online sports pool shall be located 27
in that racetrack or in any location in Atlantic City which conforms to 28
the requirements of section 20 of P.L.2013, c.27 (C.5:12-95.22) and 29
any additional requirements which the division may impose by 30
regulation. The server or other equipment used by a casino to accept 31
wagers at a sports pool or online sports pool shall conform to the 32
requirements of section 20 of P.L.2013, c.27 (C.5:12-95.22) and any 33
additional requirements which the division may impose by regulation. 34
With regard to this act, P.L.2018, c.33 (C.5:12A-10 et al.), the 35
duties specified in section 63 of P.L.1977, c.110 (C.5:12-63) of the 36
Casino Control Commission shall apply to the extent not inconsistent 37
with the provisions of this act. In addition to the duties specified in 38
section 76 of P.L.1977, c.110 (C.5:12-76), the division or racing 39
commission, as required pursuant to this act, shall hear and decide 40
promptly and in reasonable order all applications for a license to 41
operate a sports pool. In addition to the duties specified in section 76 42
of P.L.1977, c.110 (C.5:12-76), the division shall have the general 43
responsibility for the implementation of this act, except with respect to 44
the authority to issue sports wagering licenses to a racetrack as 45
provided by this act, and shall have all other duties specified in that 46
section with regard to the operation of a sports pool. 47
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The license to operate a sports pool shall be in addition to any 1
other license required to be issued pursuant to P.L.1977, c.110 2
(C.5:12-1 et seq.) to operate a casino or pursuant to P.L.1940, c.17 3
(C.5:5-22 et seq.) to conduct horse racing. The division and the racing 4
commission shall each have the authority to charge a casino or a 5
racetrack a fee for the issuance or, in the case of the division renewal, 6
of a sports wagering license in an amount of $100,000 for initial 7
issuance and in the case of a renewal a reasonable fee that is based 8
upon the expense associated with renewal, enforcement, and gambling 9
addiction programs. No sports wagering license shall be issued by the 10
division or racing commission to any entity unless it has established its 11
financial stability, integrity and responsibility and its good character, 12
honesty and integrity. No casino or racetrack shall be permitted to 13
operate a sports pool or accept wagers via an online sports pool unless 14
a sports wagering lounge is established and has commenced operation 15
in its facility; provided, however, that an applicant for a sports 16
wagering license may petition the agency issuing the sports wagering 17
license pursuant to this act to commence operation of the sports pool at 18
a temporary facility and/or an online sports pool during the pendency 19
of construction of a sports wagering lounge in its facility. Such 20
temporary facility may include, at the discretion of the agency issuing 21
the sports wagering license pursuant to this act, the utilization of 22
designated windows at the current casino cage or racetrack betting 23
window for purposes of placing sports betting wagers and self-service 24
wagering machines located at the racetrack or casino hotel complex. 25
No license to operate a sports pool shall be issued to any entity which 26
is disqualified under the criteria of section 86 of P.L.1977, c.110 27
(C.5:12-86). 28
No later than five years after the date of the issuance of a license 29
and every five years thereafter or within such lesser periods as the 30
agency issuing the sports wagering license pursuant to this act may 31
direct, a licensee shall submit to the said agency such documentation 32
or information as the division or racing commission may by regulation 33
require, to demonstrate to the satisfaction of the agency that the 34
licensee continues to meet the requirements of the law and regulations. 35
The division and the racing commission following consultation 36
with the sports wagering licensees shall annually cause a report to be 37
prepared and distributed to the Governor on the impact of sports 38
wagering, including Internet wagering on sports events, on problem 39
gamblers and gambling addiction in New Jersey. The report shall be 40
prepared by a private organization or entity with expertise in serving 41
the needs of persons with gambling addictions, which organization or 42
entity shall be selected jointly by the division and the racing 43
commission. The report shall be prepared and distributed under the 44
supervision of, and in coordination with, the division and the racing 45
commission. Any costs associated with the preparation and 46
distribution of the report shall be borne by casino and racetrack 47
licensees who have been authorized by the division or the racing 48
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commission to conduct Internet gaming and the division and the racing 1
commission shall be authorized to assess a fee against such licensees 2
for these purposes. The division and the racing commission may also 3
report periodically to the Governor on the effectiveness of the statutory 4
and regulatory controls in place to ensure the integrity of gaming 5
operations through the Internet. 6
b. A sports pool shall be operated in a sports wagering lounge 7
located at a casino or racetrack. A sports wagering lounge may be 8
located at a casino simulcasting facility. The lounge shall conform to 9
all requirements concerning square footage, design, equipment, 10
security measures and related matters which the division shall by 11
regulation prescribe. The space required for the establishment of a 12
lounge shall not reduce the space authorized for casino gaming 13
activities as specified in section 83 of P.L.1977, c.110 (C.5:12-83). 14
c. No sports pool or online sports pool shall be offered or made 15
available for wagering to the public by any entity other than a sports 16
wagering licensee, pursuant to P.L.2018, c.33 (C.5:12A-10 et al.), an 17
applicant for such license, operating such pool on behalf of a licensee, 18
or an Internet sports pool operator, on behalf of a sports wagering 19
licensee. Any person who offers a sports pool or an online sports pool 20
without approval of the division or racing commission to do so is 21
guilty of a crime of the fourth degree and notwithstanding the 22
provisions of N.J.S.2C:43-3, shall be subject to a fine of not more than 23
$25,000 and in the case of a person other than a natural person, to a 24
fine of not more than $100,000 and any other appropriate disposition 25
authorized by subsection b. of N.J.S.2C:43-2. 26
d. The operator shall establish or display the odds at which 27
wagers may be placed on sports events. 28
e. An operator shall accept wagers on sports events only from 29
persons physically present in the sports wagering lounge; through self-30
service wagering machines located in its facility as authorized by the 31
agency issuing the sports wagering license; or through an online sports 32
pool. A person placing a wager on a sports event shall be at least 21 33
years of age. 34
f. (1) Any person who is: 35
an athlete, coach, referee, or director of a sports governing body or 36
any of its member teams; 37
a sports governing body or any of its member teams; 38
a player or a referee personnel member, in or on any sports event 39
overseen by that person's sports governing body based on publicly 40
available information; 41
a person who holds a position of authority or influence sufficient to 42
exert influence over the participants in a sporting contest, including 43
but not limited to coaches, managers, handlers, athletic trainers, or 44
horse trainers; 45
a person with access to certain types of exclusive information on 46
any sports event overseen by that person's sports governing body 47
based on publicly available information; or 48
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a person identified by any lists provided by the sports governing 1
body to the division and the racing commission, 2
shall not be permitted to have any ownership interest in, control of, 3
or otherwise be employed by an operator, a sports wagering licensee, 4
or a facility in which a sports wagering lounge is located or place a 5
wager on a sports event that is overseen by that person's sports 6
governing body based on publicly available information. 7
Any employee of a sports governing body or its member teams 8
who is not prohibited from wagering on a sports event shall, 9
nevertheless, provide notice to the division prior to placing a wager on 10
a sports event. The direct or indirect legal or beneficial owner of 10 11
percent or more of a sports governing body shall not place or accept 12
any wager on a sports event in which any member team of that sports 13
governing body participates. The direct or indirect legal or beneficial 14
owner of 10 percent or more of a member team of a sports governing 15
body shall not place or accept any wager on a sports event in which 16
that member team participates. Any person who violates this 17
paragraph shall be guilty of a disorderly persons offense and shall be 18
fined not less than $500 and not more than $1,000. 19
(2) The prohibition set forth in paragraph (1) of this subsection 20
shall not apply to any person who is a direct or indirect owner of a 21
specific sports governing body member team and (i) has less than 10 22
percent direct or indirect ownership interest in a casino or racetrack or 23
(ii) the shares of such person are registered pursuant to section 12 of 24
the Securities Exchange Act of 1934, as amended (15 U.S.C. s.78l), 25
and the value of the ownership of such team represents less than one 26
percent of the person's total enterprise value. 27
(3) An operator shall adopt procedures to prevent persons from 28
wagering on sports events who are prohibited from placing sports 29
wagers. An operator shall not accept wagers from any person whose 30
identity is known to the operator and: 31
whose name appears on the exclusion list maintained by the 32
division pursuant to section 71 of P.L.1977, c.110 (C.5:12-71); 33
whose name appears on any self-exclusion list maintained by the 34
division pursuant to sections 1 and 2 of P.L.2001, c.39 (C.5:12-71.2 35
and C.5:12-71.3, respectively); 36
who is the operator, director, officer, owner, or employee of the 37
operator or any relative thereof living in the same household as the 38
operator; 39
who has access to nonpublic confidential information held by the 40
operator; or 41
who is an agent or proxy for any other person. 42
(4) An operator shall adopt procedures to obtain personally 43
identifiable information from any individual who places any single 44
wager in an amount of $10,000 or greater on a sports event while 45
physically present in a racetrack facility or a casino. 46
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Sections 1 and 2 of P.L.2002, c.89 (C.5:5-65.1 and C.5:5-65.2, 1
respectively) shall apply to the conduct of sports wagering under this 2
act. 3
g. The holder of a sports wagering license may contract with an 4
entity to conduct that operation, in accordance with the regulations of 5
and approval by the division. That entity shall obtain a license as a 6
casino service industry enterprise prior to the execution of any such 7
contract, and such license shall be issued pursuant to the provisions of 8
P.L.1977, c.110 (C.5:12-1 et seq.) and in accordance with the 9
regulations promulgated by the division in consultation with the 10
commission. That entity shall, upon approval of the division, expand 11
on any initial license granted by the division prior to entering into any 12
such contract. The approval shall be in accordance with the terms and 13
conditions set forth by the division. 14
h. If any provision of this act, P.L.2018, c.33 (C.5:12A-10 et al.), 15
or its application to any person or circumstance, is held invalid, the 16
invalidity shall not affect other provisions or applications of this act 17
which can be given effect without the invalid provision or application, 18
and to this end the provisions of this act are severable. 19
i. An operator shall promptly report to the division: 20
any criminal or disciplinary proceedings commenced against the 21
operator or its employees in connection with the operations of the 22
sports pool or online sports pool; 23
any abnormal betting activity or patterns that may indicate a 24
concern about the integrity of a sports event or events; 25
any other conduct with the potential to corrupt a betting outcome 26
of a sports event for purposes of financial gain, including but not 27
limited to match fixing; and 28
suspicious or illegal wagering activities, including the use of funds 29
derived from illegal activity, wagers to conceal or launder funds 30
derived from illegal activity, use of agents to place wagers, or use of 31
false identification. 32
The division is authorized to share any information under this 33
section with any law enforcement entity, team, sports governing body, 34
or regulatory agency the division deems appropriate. 35
j. An operator shall maintain records of sports wagering 36
operations in accordance with regulations promulgated by the division. 37
k. A sports wagering licensee may, in addition to having a sports 38
wagering lounge, conduct wagering on authorized sports events 39
through one or more kiosks or self-service wagering stations located 40
within its facility. Such self-service wagering stations located at a 41
casino may offer any game authorized under rules established by the 42
division. Such self-service wagering stations located at a racetrack 43
may offer wagering only on authorized sports events and horse races. 44
l. All wagers on sports events authorized under this provision 45
shall be initiated, received and otherwise made within this State unless 46
otherwise determined by the division in accordance with applicable 47
federal and State laws. Consistent with the intent of the United States 48
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Congress as articulated in the Unlawful Internet Gambling 1
Enforcement Act of 2006 (31 U.S.C. s.5361 et seq.), the intermediate 2
routing of electronic data relating to a lawful intrastate wager 3
authorized under this provision shall not determine the location or 4
locations in which such wager is initiated, received or otherwise made. 5
m. A sports wagering licensee shall not accept any wager on any 6
sports event unless the sports event has been approved for wagering by 7
the director. Except as otherwise provided in this subsection, no sports 8
event shall be approved for wagering unless the director has certified 9
that the sports event has appropriate policies and procedures to 10
monitor the integrity of the athletes or competitors. In the absence of 11
such certification, the director shall impose a wager limit of not more 12
than $100 or a win limit of $500, whichever is greater, on the amount 13
permitted to be wagered or won on such competitions or contests by 14
any individual. 15
n. Notwithstanding any other provision of P.L.2018, c.33 (C.5: 16
12A-10 et al.), P.L.1977, c.110 (C.5:12-1 et seq.), or P.L.2013, c. 27 17
(C.5:12-95.17 et seq.) to the contrary, the division may authorize 18
wagers on electronic sports events to be accepted in a sports wagering 19
lounge or by an internet sports wagering operator operating in 20
partnership with a sports wagering licensee. 21
(1) For electronic sports events which occur within the physical 22
facilities of a casino licensee, within a racetrack that has a sports 23
wagering license, or within a facility located in Atlantic City that has 24
been approved by the division as suitable for hosting electronic sports 25
events, and which events are sponsored by one or more casino 26
licensees, racetracks or their authorized internet sports wagering 27
providers or online internet gaming affiliates: 28
(a) the division may authorize competitors in such events who are 29
otherwise eligible to make sports wagers to make wagers on 30
themselves or their own team with regard to an individual electronic 31
sports contest; 32
(b) the division may authorize the casino or other authorized 33
facility in which the electronic sports event takes place, or the provider 34
or affiliate which sponsors the event, to be the exclusive operator for 35
the placing of wagers on the outcome of such electronic sports event; 36
and 37
(c) a casino, racetrack or the sponsor of the electronic sports event 38
may accept wagers on such event provided a third party such as a 39
game publisher certifies that the electronic sports event meets all 40
integrity requirements of the division for being an authorized wagering 41
event. 42
(2) For electronic sports events which occur at physical facilities 43
within the State but do not meet the criteria set forth in paragraph (1) 44
of this subsection: 45
(a) the division may authorize competitors in such events who are 46
otherwise eligible to make sports wagers to make wagers on 47
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themselves or their own team with regard to an individual electronic 1
sports contest; and 2
(b) a casino, racetrack or the sponsor of the electronic sports event 3
may accept wagers on such event provided that a third party, such as a 4
game publisher, certifies that the electronic sports event meets all 5
integrity requirements of the division for being an authorized wagering 6
event. 7
(3) Wagering in this State on electronic sports events occurring at 8
physical facilities outside the State shall be permitted only upon the 9
approval of the division and upon such terms and limitations as the 10
division may impose. 11
(4) An operator may accept wagers on electronic sports events 12
which occur, or are hosted, exclusively on an online gaming system 13
upon the approval of the division and upon such terms and limitations 14
as the division may impose. 15
(5) An operator may offer payouts to competitors in electronic 16
sports events upon such terms and limitations as the division may 17
impose. 18
(cf: P.L.2021, c.350, s.1) 19
20
3. This act shall take effect immediately. 21