(a)Installation of server.
The commission shall determine where, including at which casino, a mobile sports wagering licensee’s servers and other equipment used in accepting a mobile sports wager shall be located. Such servers and equipment shall be:
(1)in an area limited to sports-wagering-related activities with appropriate access and security measures, as approved by the commission. Access to such area shall be logged electronically and kept for a period of not less than five years; and
(2)accessible to licensed mobile sports wagering licensee employees authorized to access such servers and equipment, the mechanism of such access to be agreed upon by the casino and the mobile sports wagering licensee and set forth in the casino’s standard operating procedures, as approved by the commission. Access to servers and equipment shall be limited to specific licensed casino employees authorized by the commission.
(b)Payment for housing of server and other equipment.
(1)Each casino shall receive an annual hosting fee in the amount set forth in Racing, Pari-Mutuel Wagering and Breeding Law section 1311(3). The aggregate annual hosting fees shall be divided equally among the platform providers, each of which shall then pay its share either to the commission or to casinos, at such times and in such amounts as the commission may direct. If the commission directs that such fees from platform providers are first payable to the commission, the commission shall then distribute to each casino the annual hosting fee to which such casino is entitled by statute.
(2)A casino shall bill, each calendar quarter, the platform provider for the reasonable and actual costs for the prior calendar quarter of housing and securing the server and other equipment as set forth in this subdivision, including, without limitation:
(i)modifications, upgrades or improvements to the casino required to physically locate and secure the platform provider’s servers and other equipment;
(ii)any ongoing utility and infrastructure costs incurred by the casino that are reasonably attributable to the operations of the platform provider and associated skins at such casino; and
(iii)regulatory costs the casino was assessed pursuant to section 5330.41 of this Part.
(c)Exclusive use for mobile sports wagering.
A server or other equipment that a platform provider locates at a casino shall be used exclusively in support of mobile sports wagering.