§309. Allowing certain players to play fantasy sports contests; penalties; revocation hearing

            A.(1) No person licensed pursuant to the provisions of this Chapter, or any agent or employee thereof, shall allow a person under the age of twenty-one years to be a fantasy sports contest player.

            (2) No person licensed pursuant to the provisions of this Chapter, or any agent or employee thereof, shall allow a person to participate in a fantasy sports contest while located in a parish in which, at the election held pursuant to R.S. 27:303, a majority of the qualified electors in the parish voting on the proposition to authorize fantasy sports contests in the parish voted against the proposition.

            B.(1) The person licensed pursuant to the provisions of this Chapter shall withhold all winnings from fantasy sports contest players who are determined to be under the age of twenty-one years and from fantasy sports contest players participating in a fantasy sports contest while located in a parish in which, at the election held pursuant to R.S. 27:303, a majority of the qualified electors in the parish voting on the proposition to authorize fantasy sports contests in the parish voted against the proposition.

            (2) The person licensed pursuant to the provisions of this Chapter shall each quarter report and remit to the division all winnings withheld from fantasy sports contest players pursuant to the provisions of this Section.

            C.(1) Violations of Paragraph (A)(1) of this Section shall be penalized by the division as follows:

            (a) If the licensee, his employee, or agent reasonably believed that the person was twenty-one years of age or older:

            (i) For a first or second violation, a fine of up to one thousand dollars shall be imposed.

            (ii) For a third or subsequent violation, a license revocation hearing shall be conducted at which time the board shall determine whether or not there are extenuating circumstances pursuant to which a license suspension or revocation should not be imposed. At the conclusion of the hearing, the board may revoke or suspend the license or, in lieu of the revocation or suspension of a license, the board may impose a civil penalty not to exceed fifty thousand dollars for each violation. Payment of the civil penalty shall be a requirement for the retention of the license held by the entity.

            (b) If the licensee, his employee, or agent is shown to have known or reasonably believed he was allowing a person under the age of twenty-one years to be a fantasy sports contest player, or for allowing a person under the age of fifteen years to be a fantasy sports contest player regardless of what the licensee, his employee, or agent knew or reasonably believed about the age of that person:

            (i) For a first or second violation, license revocation may be imposed, or a fine of one thousand dollars shall be imposed if the license is not revoked.

            (ii) For a third or subsequent violation, a license revocation hearing shall be conducted at which time the board shall determine whether or not there are extenuating circumstances pursuant to which a license suspension or revocation should not be imposed. At the conclusion of the hearing, the board may revoke or suspend a license or, in lieu of the revocation or suspension of a license, the board may impose a civil penalty not to exceed fifty thousand dollars for each violation. Payment of the civil penalty shall be a requirement for the retention of the license held by the entity.

            (2) Violations of Paragraph (A)(2) of this Section shall be penalized by the division as follows:

            (a) For a first or second violation, license revocation may be imposed or a fine of one thousand dollars shall be imposed if the license is not revoked.

            (b) For a third or subsequent violation, a license revocation hearing shall be conducted at which time the board shall determine whether or not there are extenuating circumstances pursuant to which a license suspension or revocation should not be imposed. At the conclusion of the hearing, the board may revoke or suspend a license or, in lieu of the revocation or suspension of a license, the board may impose a civil penalty not to exceed fifty thousand dollars for each violation. Payment of the civil penalty shall be a requirement for the retention of the license held by the entity.

            D.(1) A licensee shall be provided notice of the charged violation and may concede the violation and accept the penalty or may deny the violation and demand a hearing be held, pursuant to R.S. 27:25, to make a determination regarding the charge.

            (2) A violation shall have occurred only if the charged violation is conceded by the licensee to have occurred or is found to have occurred at a hearing held for that purpose.

            (3) For the purposes of determining whether a second or subsequent violation has occurred, every violation shall have occurred on a separate occasion, by the same operator, and only violations that have occurred within a one-year period, regardless of when they were charged, conceded, or found to have occurred, shall be considered.

            (4) For persons having more than one license issued pursuant to the provisions of this Chapter, license revocation as provided in this Subsection shall apply only to the license of the fantasy sports contest operator of the platform on which the violation occurred.

            E.(1) It is unlawful for any person under twenty-one years of age to be a fantasy sports contest player.

            (2) Whoever violates the provisions of this Subsection shall be fined not more than one hundred dollars.

            (3) Any person apprehended while violating the provisions of this Subsection may be issued a citation by the apprehending law enforcement officer, which shall be paid in the same manner as provided for the offenders of local traffic violations.

            Acts 2020, No. 141, §1, eff. June 9, 2020.