74-8784. Sports wagering marketing agreements; required provisions; restrictions on number per lottery gaming facility manager; approval by Kansas lottery. (a) A professional sports team, auto racetrack facility or other marketing entity may enter into a marketing agreement with a lottery gaming facility manager for the purpose of marketing sports wagering at the primary facility of such professional sports team, auto racetrack facility or the premises of such other marketing entity. All sports wagering shall be managed by the lottery gaming facility manager. No owner, director, officer, employee or agent of the professional sports team or other marketing entity shall have any duties directly related to the management of sports wagering except as expressly provided in the marketing agreement.

(b) (1) A marketing agreement shall provide that the professional sports team, auto racetrack facility or other marketing entity shall promote and advertise sports wagering on behalf of the contracting lottery gaming facility manager at the primary facility of the professional sports team, auto racetrack facility or the premises of such other marketing entity. Promotion and advertising may include, but shall not be limited to:

(A) Advertising through signage and other media, including electronic media;

(B) allowing devices, such as kiosks, to be located within the primary facility of the professional sports team or auto racetrack facility to allow patrons to engage in sports wagering; and

(C) providing access to mobile device applications that allow patrons to access the interactive sports wagering platforms utilized by the lottery gaming facility manager managing sports wagering at such primary facility or other premises.

(2) A marketing agreement shall expressly prohibit the professional sports team, auto racetrack facility or other marketing entity and any owner, director, officer, employee or agent of such professional sports team, auto racetrack facility or other marketing entity from taking any bets, paying out any prizes or otherwise having any control or access to the interactive sports wagering platform or any other system used by the lottery gaming facility manager to manage sports wagering.

(3) If the primary facility or other premises specified in the marketing agreement is located outside a gaming zone, then all sports wagering at such facility or other premises shall be conducted through an interactive sports wagering platform.

(c) Any lottery gaming facility manager may enter into marketing agreements with not more than 50 marketing entities. Not less than 20% of such agreements shall be with a nonprofit fraternal or veterans organizations.

(d) Any lottery gaming facility manager seeking to enter into a marketing agreement pursuant to this section shall submit such marketing agreement to the Kansas lottery for approval. No such marketing agreement shall become effective until it is approved by the executive director of the Kansas lottery. If the marketing agreement satisfies all of the requirements of the Kansas lottery act and the Kansas expanded lottery act, then it shall be approved. If the agreement is not approved, the executive director shall notify the parties to the agreement that approval has been denied and provide the reasons for such denial.

History: L. 2022, ch. 91, § 4; July 1.