Section 169.3. Wagering

(a) Placing and accepting wagers. A licensed corporation receiving permission to conduct telephone account wagering under § 169.1 (relating to permission to conduct telephone account wagering) may accept wagers subject to the following conditions:

(1) The wager shall be placed directly to the licensed corporation by the holder of a telephone wagering account.

(2) The person placing the wager shall provide the licensed corporation with the correct personal identification number previously assigned by the licensed corporation to the holder of the telephone wagering account.

(3) A licensed corporation may not accept a telephone wager from a person located in or residing in the primary market area of a racetrack, other than the racetrack at which the licensed corporation is conducting a race meeting. The licensed corporation is not prohibited from accepting a telephone wager from a person located in or residing in the primary market area of the track at which the licensed corporation is conducting a meet. If two tracks share a primary market area as defined in section 218(e) of the act (4 P. S. § 325.218(e)), both tracks shall have equal rights to the market in the shared area.

(4) A licensed corporation may not accept a telephone wager, or series of wagers, in an amount in excess of funds on deposit in the telephone wagering account of the holder placing the wager. Funds on deposit include amounts credited under § 169.2(c) (relating to telephone wagering account) and in the amount at the time the wager is placed.

(5) A licensed corporation may not accept a telephone wager at a site not within the area of the racetrack facility.

(6) Only licensed employes of a licensed corporation may operate a telephone account wagering system.

(b) Third parties. A person may not directly or indirectly act as an intermediary, transmitter or agent in the placing of wagers for a holder of a telephone wagering account. A person may not place a wager by telephone to a facility in a racetrack enclosure on behalf of a holder of a telephone wagering account. Only the holder of a telephone wagering account shall place a telephone wager. Direct or indirect involvement as an intermediary, transmitter or agent in the placing of wagers includes a system, known as a transfer account or master account, whereby funds are deposited to a telephone wagering account from another telephone wagering account or other account. This section does not prohibit use of credit or debit cards specifically approved by the Commission or the use of checks, money orders or negotiable orders of withdrawal.

The provisions of this § 169.3 amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5977. Immediately preceding text appears at serial pages (116215) to (116216).

Notation

Cross References

This section cited in 58 Pa. Code § 169.2 (relating to telephone wagering account).