(2) A sports wager authorized pursuant to this subdivision shall be physically placed by the bettor, and accepted by the operator, within a designated building of a race track for which the approved racetrack operator has been licensed by the California Horse Racing Board during the preceding 18 months and at one licensed satellite wagering facility authorized by each approved racetrack operator which has operated as a satellite wagering facility for the immediately preceding 18 months.
(3) Each racetrack and
licensed satellite wagering facility authorized to offer sports wagering may also offer online sports wagering at one internet website each, if offered through an independent online sports wagering platform that offers sports wagering on behalf of the facility.
(4) As used in this subdivision, an approved racetrack operator means an operator licensed by the California Horse Racing Board during the 2019 calendar year to conduct live horse race meetings at racing tracks located in the County of Alameda, Los Angeles, Orange, or San Diego and operated by a private entity, including a private entity operating on a state fairground within one of those counties, and does not include the racing track of a state designated fair as defined in Section 19418 of the Business and Professions Code as that section read on January l, 2020.
(j) (1) Sports wagering offered by
an approved racetrack operator pursuant to subdivision (i) or a federally recognized Indian tribe pursuant to subdivision (f), including sports wagering offered by an independent online sports wagering platform on behalf of those entities, shall be subject to the provisions of this subdivision.
(2) Any person placing a sports wager or collecting a win from a sports wager shall be 21 years of age or older.
(3) Sports wagering shall not be displayed or represented in a manner that mimics a slot machine or any other casino-style game, including, but not limited to, blackjack, roulette, or craps.
(4) No wagering on the officiating of any sport event or whether injuries may or may not occur during any sporting event shall be permitted.
(5) Marketing or
advertising of sports wagering that is attractive to children or is intended to encourage persons under 21 years of age to engage in sports wagering shall be prohibited.
(6) Official league or association data shall be used for the purposes of live betting, unless such data cannot be provided in a reasonably timely manner and in accordance with commercially reasonable terms.
(7) Providers shall cooperate with leagues and associations in barring any individual from participating in sports wagering whose participation the league or association believes may harm the integrity of the sport or be unfair to consumers.
(8) The Bureau of Gambling Control within the Department of Justice shall perform all investigatory and auditing functions over facilities that operate sports wagering, unless otherwise provided in a
tribal-state compact.
(9) (A) Onsite sports wagering conducted pursuant to subdivision (i) shall be taxed at a rate of 10 percent of gross gaming revenue.
(B) Online sports wagering conducted pursuant to subdivision (f) or (i) shall be taxed at a rate of 15 percent of gross gaming revenue.
(C) In addition to the taxes prescribed by this paragraph, each approved racetrack operator shall remit 1 percent of their gross gaming revenue from all sports wagering, and each federally recognized Indian tribe shall remit 1 percent of their gross gaming revenue from online sports wagering, to fund problem gambling programs. The total amount collected from all operators pursuant to this subparagraph shall not exceed 10 million dollars ($10,000,000).
(D) Each online sports wagering platform shall pay an annual fee of one million dollars ($1,000,000), as well as a one-time fee of five million dollars ($5,000,000) for each entity for which it provides online sports wagering.
(E) All funds collected pursuant to this paragraph shall be deposited in the California Sports Wagering Fund, which is hereby created in the State Treasury.
(F) Moneys in the California Sports Wagering Fund, less those remitted pursuant to subparagraph (C) for problem gambling programs, and less the regulatory costs associated with sports wagering, shall be appropriated by the Legislature to assist the state in recovering from the health and economic damage caused by the COVID-19 pandemic and to fund priorities related to education, public health, and public safety.
(10) The
Legislature shall enact those statutes necessary to implement sports wagering pursuant to this section, including consumer protection and anticorruption measures.
(11) As used in this subdivision and subdivisions (f) and (i), the following terms have the following meanings:
(A) “Gross gaming revenue” means an amount equal to the total of all wagers placed with a sports wagering operator less the total of all moneys paid as winnings to persons who placed wagers with a sports wagering operator.
(B) “Online sports wagering” means sports wagering in which a person places a wager remotely through the use of an internet website, mobile device application, or remote terminal.
(C) “Sporting event” means any professional, college, or amateur sport or athletic
event, but shall not include any high school sport or athletic event, any sport or athletic event that has already been completed, or any horse race or horse race meeting.
(D) “Sports wagering” means wagering on the results of any sporting event.