What it does: Requires licensed operators to distribute and advertise gambling apps only through app stores and app-store ad platforms that can enforce the State's minimum legal age for wagering; bars listings or ads that can be shown to underage users.
Sources
$25,000 per day per noncompliant listing or app-store ad campaign, with escalation
for repeat violations.
24-72 hours after notice.
60-90 days is typically sufficient for updating app-store
listings and ad targeting.
21 definition
in Section 2 to match State law.
CASPR is available for legal and technical support adapting this bill to specific state contexts.
Download as Word .docxA BILL FOR AN ACT
RELATING TO MOBILE SPORTS WAGERING; REQUIRING APP STORE AGE-GATING FOR WAGERING
APP LISTINGS AND APP STORE ADVERTISING; PROHIBITING LISTING OR ADVERTISING
WHERE THE APP STORE OR AD PLATFORM CANNOT ENFORCE THE STATE MINIMUM LEGAL
AGE; PROVIDING FOR CERTIFICATION, ENFORCEMENT, AND PENALTIES; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF [STATE]:
SECTION 1. SHORT TITLE.
This Act may be cited as the "App Store Age-Gating for Mobile Sports Wagering Act".
SECTION 2. DEFINITIONS.
In this Act:
(1) "Commission" means the [STATE GAMING COMMISSION] or successor agency.
(2) "Operator" means a person licensed or otherwise authorized under [STATE LAW] to conduct
mobile sports wagering in this State.
(3) "App store" means a digital marketplace or distribution platform through which mobile
applications are offered for download, including any associated app-store advertising
inventory.
(4) "App store listing" means the listing, availability, or distribution of a mobile sports
wagering application in an App store, including updates.
(5) "App store advertising" means a paid placement or advertisement within an App store or
its app-store-specific ad network that promotes an Operator, a sports wagering brand, or
a mobile sports wagering application.
(6) "Minimum legal age" means 21 years of age.
(7) "Underage person" means a person under the Minimum legal age.
SECTION 3. APP STORE LISTING REQUIREMENTS.
(a) Prohibition. An Operator shall not list, distribute, or make available a mobile sports
wagering application in an App store unless the App store enforces age-restricted access
so that the listing and download are available only to users at or above the Minimum
legal age in this State.
(b) Required settings. An Operator shall configure App store settings, including age rating
and geographic restrictions, to enforce the Minimum legal age for users located in this
State.
(c) Unavailable age-gating. If an App store cannot enforce the Minimum legal age for users
located in this State, the Operator shall not list or distribute the application in that
App store for in-state users.
SECTION 4. APP STORE ADVERTISING REQUIREMENTS.
(a) Prohibition. An Operator shall not purchase or place App store advertising unless the
ad platform can target and exclude Underage persons.
(b) Age targeting. App store advertising targeted to persons located in this State shall be
restricted to users at or above the Minimum legal age and shall use available age
targeting and exclusion settings.
(c) Insufficient age controls. If an App store ad platform only permits age targeting to an
age lower than the Minimum legal age, the Operator shall not purchase or place App store
advertising for users located in this State on that platform.
SECTION 5. CERTIFICATION; RECORDS; AUDITS.
(a) Certification. Before initial listing or advertising, and annually thereafter, an
Operator shall submit to the Commission a certification identifying each App store and
App store advertising platform used in this State and describing the age-gating measures
in effect.
(b) Records. An Operator shall maintain records sufficient to demonstrate compliance with
this Act, including age-rating settings and campaign age-targeting logs, for the period
required by Commission rule.
(c) Audits. The Commission may audit Operators and require submission of documentation or
platform attestations to verify compliance.
SECTION 6. ENFORCEMENT; PENALTIES; RULEMAKING.
(a) License condition. Compliance with this Act is a condition of licensure.
(b) Civil penalties. The Commission may impose a civil penalty of up to [$25,000] per day per
noncompliant App store listing or App store advertising campaign.
(c) Remedial authority. The Commission may order immediate suspension of noncompliant
listings or advertising and may impose additional license discipline.
(d) Rulemaking. The Commission shall adopt rules to implement this Act.
SECTION 7. SEVERABILITY.
If any provision of this Act or its application is held invalid, the invalidity does not affect
other provisions or applications of this Act that can be given effect without the invalid
provision or application.
SECTION 8. EFFECTIVE DATE.
This Act takes effect on [DATE].