Maine Releases Revised Online Casino Rules

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Maine regulators revised the state’s proposed online casino rules, clarifying that live dealer backend systems can sit outside the state and dropping the need for director approval of routine game updates.

This is the third publication of the Maine Gambling Control Unit‘s online casino rules, dated Sept. 30, which revised the draft filed in July. Other additions to the rules include restricting marketing aimed at anyone younger than 21, requiring ads to give the beneficiary tribe equal billing with its operator partner and a real-time self-exclusion list.

Maine became the eighth state to legalize iGaming in January, with online casino exclusive to the state’s Wabanaki tribes. However, the rules are not final and a launch date has not been announced.

The regulator is accepting comments on the updated rules through Oct. 30.

Live dealer systems can operate outside Maine

The primary server that accepts and stores live dealer wagers must still be located in Maine. However, the September rules state that the Remote Gaming System Operator infrastructure, including game engines, random number generators and backend systems, is not required to be in the state.

The July rules did not define live dealer games, listing them only as a type of casino-style game. The September version defines live dealer games as those run by a “licensed live human dealer operating physical gaming equipment” and “delivered to patrons in real time via video stream.”

Also, a live dealer studio does not have to be physically in Maine, which is atypical for online casino rules. It can be outside the state as long as it is approved by the director and complies with location, security, surveillance and licensed staffing requirements.

The rules also mandate quarterly audit inspections of live dealer systems and studios by the regulator, with the licensee covering the costs, including travel, hotels and meals.

Routine game updates skip director approval

Operators must get new core game mechanics approved by the director, which hasn’t changed in the rules.

July’s rules required written approval from the director before any game was offered. The September version adds language allowing lab-certified games that fall within previously approved categories to be offered “upon regulatory notification.”

Patches, security updates, configuration changes and maintenance releases no longer need separate approval. Operators must keep records of those changes under their internal controls and make them available to the director upon request.

Bigger changes that “materially alter an approved game” but do not “introduce a novel wagering format or untested core mechanic” go through a scheduled update process established by the regulator. Those changes are still submitted and reviewed, but on the regulator’s schedule rather than as separate requests.

New marketing limits and tribal branding rules

The updated rules include new marketing restrictions aimed at people younger than 21:

  • Operators cannot advertise or market on Maine college campuses in ways targeted at or mainly reaching people under 21, though generally available advertising is exempt.
  • Flyers, handouts and in-person account signups can’t be distributed to or used for anyone under 21.
  • Online casino logos, trademarks or brand names can’t be used on clothing, toys or games sold in Maine that are mainly for people under 21.

The July rules did not include any tribal branding requirements. The September version requires ads and promotions to include the name and logo of the tribe that benefits from the app, in the same font size as the operator’s.

Self-exclusion moves to a real-time system

The new rules create an “automated system” for the self-exclusion list that is operated by a third party and approved by the Gambling Control Board. Operators would have access to each addition to and deletion from the list in real time to facilitate “obligations and compliance with the universal list.”

It replaces notices by password-protected email or fax and a monthly copy of the full list.

Self-exclusion options of one, three and five years and lifetime remain the same. Those who choose lifetime exclusion may petition the board in writing for removal after five years.

Several key financial terms also remain unchanged from the July draft, including the 18% tax on adjusted gross iGaming receipts, the $50,000 operator license fee and the $500,000 bond operators must hold.

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