BIA_Amend_Casino_FYR_2026.pdf

Business Impact Analysis Agency, Board, or Commission Name: Casino Control Commission Rule Contact Name and Contact Information: Yosef Schiff, yosef.schiff@casinocontrol.ohio.gov Regulation/Package Title (a general description of the rules’ substantive content): Casino Gaming Rules Five-Year Review 2026 (Amend) Rule Number(s): 3772-1-01, 3772-9-05, 3772-9-06, 3772-9-09, 3772-10-02, 3772-12-01 Date of Submission for CSI Review: 7/13/2026 Public Comment Period End Date: 7/27/2026 Rule Type/Number of Rules: New/__0_ rules No Change/__0__ rules (FYR? ___) Amended/__6__ rules (FYR? _Y__) Rescinded/__0__ rules (FYR? ___) The Common Sense Initiative is established in R.C. 107.61 to eliminate excessive and duplicative rules and regulations that stand in the way of job creation. Under the Common Sense Initiative, agencies must balance the critical objectives of regulations that have an adverse impact on business with the costs of compliance by the regulated parties. Agencies should promote transparency, responsiveness, predictability, and flexibility while developing regulations that are fair and easy to follow. Agencies should prioritize compliance over punishment, and to that end, should utilize plain language in the development of regulations. 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov Reason for Submission 1. R.C. 106.03 and 106.031 require agencies, when reviewing a rule, to determine whether the rule has an adverse impact on businesses as defined by R.C. 107.52. If the agency determines that it does, it must complete a business impact analysis and submit the rule for CSI review. Which adverse impact(s) to businesses has the agency determined the rule(s) create? The rule(s): a. ☐ Requires a license, permit, or any other prior authorization to engage in or operate a line of business. b. ☒ Imposes a criminal penalty, a civil penalty, or another sanction, or creates a cause of action for failure to comply with its terms. c. ☒ Requires specific expenditures or the report of information as a condition of compliance. d. ☒ Is likely to directly reduce the revenue or increase the expenses of the lines of business to which it will apply or applies. Regulatory Intent 2. Please briefly describe the draft regulation in plain language. Please include the key provisions of the regulation as well as any proposed amendments. 3772-1-01 Definitions. This rule defines terms used in Ohio Adm.Code Agency 3772. The rule is being amended to remove “internal control system” as a defined term since it is not used in the rule. 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 2 - 3772-9-05 Installation or removal of electronic gaming equipment. This rule requires that casino operators to notify the Executive Director five days prior to transporting electronic gaming equipment to or from a casino and comply with any conditions the Executive Director imposes on the transportation. Paragraph (B) is being amended to require a casino operator to maintain documentation for the transportation of electronic gaming machines rather than affirmatively notify the Executive Director. Because the information is available on request, there is no need to notify the Executive Director. Paragraph (B)(1) is being amended for clarity. Paragraph (B)(4) is being amended so that the documentation must include the date the machines left the location of origin rather than the expected date they will be transported. Paragraph (B)(5) is being added to require inclusion of the date of delivery of the machines. 3772-9-06 Possession and storage of electronic gaming equipment. This rule requires a casino operator to provide the Commission with a list of all electronic gaming equipment, including whether the equipment is stored on the casino floor, off the floor but on the casino premises, or in this state but off the casino premises. It also provides how the equipment must be secured. The rule is being amended as follows: Instances of “casino floor” are being replaced with the clearer term “designated gaming area.” Paragraph (A)(3) is being stricken because no casino operators use offsite storage and because other procedures exist for preventing unapproved games from being put into operation. Paragraph (C)(3) is being amended to streamline the requirement so that the only locks that may be used are those that cannot be removed without the corresponding key. Paragraph (D) is being stricken as unnecessary since all software is verified and authenticated prior to use. 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 3 - 3772-9-09 Installation or removal of electronic gaming equipment. This rule mandates that casino operators follow certain requirements when installing or removing electronic gaming equipment from the casino gaming floor. These requirements include Executive Director approval and the logging of any access to the secure area within the machine. Additionally, the rule requires that before any game is installed, its critical storage program media must be verified and sealed by a Commission employee. At a general level, this rule is being amended to pull in the maintenance requirements of Rule 3772-9-10, which is being rescinded, and its title is being amended to include maintenance. The changes are as follows. The current rule requires a casino operator to obtain approval from the Executive Director before installing or removing electronic gaming equipment from the gaming floor. Because operators no longer rely on the presence of Commission staff, paragraph (A) is being amended to instead require any installation or maintenance to be performed by or in the presence of licensed key or casino gaming employees. The current rule requires a casino operator to maintain a log of specified information that documents access within the secure area of electronic gaming equipment for installation or removal. Paragraph (B) is being stricken to remove this requirement because modern surveillance technology has rendered it obsolete. New paragraph (B) is being added to require electronic gaming equipment to be suitable for operation and verified as approved, and to require the method of verification to be approved by the Executive Director. This requirement already existed in a slightly different form in Rule 3772-09- 10. Paragraph (C) is being stricken as the Commission is no longer involved in the verification process. New paragraphs (C) and (D) are being added to deem equipment unsuitable for operation if the equipment appears compromised and to prohibit such equipment from being returned to service until the problem is remedied and a report is provided to the Commission. This requirement already existed in a slightly different form in Rule 3772-09-10. In old paragraph (D), now (E), “gaming floor” is being replaced with the clearer term “designated gaming area.” Paragraph (D)(1) is being stricken as seals are no longer used. 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 4 - 3772-10-02 Internal Controls. This rule requires casino operators to submit internal controls for Commission approval prior to operating. The amendment does the following: • Clarifies that the submission must be made prior to initial operation; • Gives the Executive Director, rather than the Commission, the power to approve amendments to a casino operator’s internal controls; and • Allows the Executive Director, at any time, to require specific internal controls or a change to the internal controls to ensure compliance with the casino laws. 3772-12-01 Definitions, purpose, and scope of the Ohio voluntary exclusion program. This rule establishes Ohio’s statewide Voluntary Exclusion Program for individuals who wish to exclude themselves from Ohio casinos and sportsbooks. It requires that participants agree to self‑exclude from all casinos, video lottery terminal facilities, and sports gaming operations unless entering for approved employment purposes. It also allows the Casino Control Commission and State Lottery Commission to disclose anonymized information to research entities selected by the Casino Control Commission for the purpose of evaluating the program’s effectiveness and ensuring its proper administration. The rule is being amended as follows: The current definition of “excluded entity” includes casino facilities and video lottery terminal facilities. The amendment replaces “facilities” with “operators.” The current definition of “excluded facilities” includes casino facilities and video lottery terminal facilities. The amendment limits the definition to the designated gaming areas at such facilities. The current rule requires participants in the Voluntary Exclusion Program to exclude themselves from excluded facilities and excluded entities. The amendment retains exclusion from excluded facilities but limits the exclusion from excluded entities to any gambling offered by such entities. 3. Please list the Ohio statute(s) that authorize the agency, board or commission to adopt the rule(s) and the statute(s) that amplify that authority. 3772-1-01 Definitions Authorized By: 3772.03, 3772.033 Amplifies: 3772.01 3772-9-05 Installation or removal of electronic gaming equipment Authorized By: 3772.03, 3772.033 Amplifies: 3772.03, 3772.20, 3772.29, 3772.31 3772-9-06 Possession and storage of electronic gaming equipment Authorized By: 3772.03, 3772.033 Amplifies: 3772.03, 3772.20, 3772.31 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 5 - 3772-9-09 Installation or removal of electronic gaming equipment Authorized By: 3772.03, 3772.033 Amplifies: 3772.03, 3772.20, 3772.31 3772-10-02 Internal Controls Authorized By: 3772.03 Amplifies: 3772.03, 3772.033 3772-12-01 Definitions, purpose, and scope of the Ohio voluntary exclusion program Authorized By: 3772.03, 3772.033, 3775.02 Amplifies: 3772.01, 3772.03, 3772.18, 3775.02, 3775.13 4. Does the regulation implement a federal requirement? Is the proposed regulation being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal law or to participate in a federal program? If yes, please briefly explain the source and substance of the federal requirement. No 5. If the regulation implements a federal requirement, but includes provisions not specifically required by the federal government, please explain the rationale for exceeding the federal requirement. N/A 6. What is the public purpose for this regulation (i.e., why does the Agency feel that there needs to be any regulation in this area at all)? Article XV, Section 6(C) of the Ohio Constitution and R.C. Chapter 3772 require the Commission to ensure the integrity of casino gaming and to prescribe rules for how casino gaming should be conducted, including general provisions, the Commission’s organization, and the licensure of casino operators, management companies, and holding companies. To ensure the integrity of casino gaming, it is imperative to protect casino patrons and to ensure that all casino operators meet the requirements for licensure to conduct casino gaming in the state of Ohio. These rules are designed to continue to effectuate this constitutional and statutory mandate. 7. How will the Agency measure the success of this regulation in terms of outputs and/or outcomes? Overall, the Commission will measure the success of these amended rules in terms of whether they help to ensure the integrity of casino gaming. This can be done in two ways: First, through evaluating whether the administrative cost of implementing and enforcing the proposed rules outweighs their public benefit. Second, through analyzing the regulated community’s comments about or requests for waivers or variances from these rules once they are implemented. 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 6 - 8. Are any of the proposed rules contained in this rule package being submitted pursuant to R.C. 101.352, 101.353, 106.032, 121.93, or 121.931? If yes, please specify the rule number(s), the specific R.C. section requiring this submission, and a detailed explanation. No Development of the Regulation 9. Please list the stakeholders included by the Agency in the development or initial review of the draft regulation. If applicable, please include the date and medium by which the stakeholders were initially contacted. In reviewing these rules, an email was sent on April 9, 2026 to nearly 100 stakeholders. (Exhibits 1 and 2). Stakeholders were asked to submit any written comments on the rule by 5:00 p.m. on April 24, 2026. (Exhibit 1.) These stakeholders included employees or representatives from casino operators, management companies, holding companies, gaming-related vendors, and independent testing laboratories. 10. What input was provided by the stakeholders, and how did that input affect the draft regulation being proposed by the Agency? No stakeholder comments were received. 11. What scientific data was used to develop the rule or the measurable outcomes of the rule? How does this data support the regulation being proposed? This question does not apply to these rules because no scientific data was necessary to develop or measure their outcomes. Instead, Commission staff reviewed its statutory mandates and generally considered how other jurisdictions approached the rule topics in this package. Further, staff considered whether existing rules were the most efficient means by which to maintain the integrity of casino gaming and whether any requests for amendments, waivers, or variances had been requested or granted to the regulated community. In so doing, the Commission was able to use, as much as possible, rules the regulated community is accustomed to and is common in other jurisdictions, with minor adaptations to remain in compliance with Ohio law. 12. What alternative regulations (or specific provisions within the regulation) did the Agency consider, and why did it determine that these alternatives were not appropriate? If none, why didn’t the Agency consider regulatory alternatives? Alternative regulations may include performance-based regulations, which define the required outcome, but do not dictate the process the regulated stakeholders must use to 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 7 - comply. Commission staff reviewed and considered the statutes and rules adopted in other jurisdictions both when these rules were first adopted and during this five-year review. In reviewing these statutes and rules, staff considered past practices of the Commission in its other regulatory frameworks, any stakeholder comments, and the current trends in the sports gaming regulatory environment. As such, these rules are a conglomeration of the rules used in other jurisdictions with adaptations made for Ohio law and current industry trends. 13. What measures did the Agency take to ensure that this regulation does not duplicate an existing Ohio regulation? This question does not apply to most of these rules because no other regulations in this area currently exist with respect to casino gaming. The only exception is Rule 3772-12-01, which governs the Voluntary Exclusion Program that the Casino Control Commission administers in conjunction with the Lottery Commission. The amendment to the rule narrows the areas in facilities from which participants are excluded and does not duplicate any existing casino regulations. The Lottery Commission has an identical rule, Ohio Adm.Code 3770:2-8-01, which it is currently in the process of amending its rule to mirror the Casino Control Commission’s amendment. 14. Please describe the Agency’s plan for implementation of the regulation, including any measures to ensure that the regulation is applied consistently and predictably for the regulated community. The rules in this package largely relate to regulatory compliance, which is handled by the Commission’s regulatory compliance staff. The staff is overseen by a director in the Commission’s central office. To ensure ongoing compliance, there are gaming agents, auditors, and office managers stationed at each of the casinos observing, evaluating, and investigating casino operations. Any issues that arise at the facilities are funneled to the Commission’s central office where the Executive Director and their division directors can coordinate a consistent response and conduct outreach to the regulated community. Further, the granting or ultimate sanctioning of any of these license types must be brought before the Commission at a public meeting for a vote. Therefore, the regulated community can expect consistent and transparent formal licensing or sanctioning decisions. Adverse Impact to Business 15. Provide a summary of the estimated cost of compliance with the rule(s). Specifically, please do the following: 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 8 - a. Identify the scope of the impacted business community, and With one exception, the impacted business community consists of casino operators. For Rule 3772-12-01, it’s casino operators, video lottery terminal facilities, and sports gaming proprietors. b. Quantify and identify the nature of all adverse impact (e.g., fees, fines, employer time for compliance, etc.). The adverse impact can be quantified in terms of dollars, hours to comply, or other factors; and may be estimated for the entire regulated population or for a representative business. Please include the source for your information/estimated impact. 3772-1-01 Definitions. The Commission does not anticipate an adverse impact on business from the proposed amendments to this rule because it merely defines terms used in the Administrative Code. 3772-9-05 Transportation of electronic gaming machines to and from a casino facility. The current rule has a minimal adverse impact by requiring a casino operator to send the Executive Director a notice with basic information about any electronic gaming machines it transports (e.g. the machine's serial number, the shipping destination, date of delivery, and a few other similar items). The proposed amendment eliminates the notice requirement, but does require the operator to maintain documentation with essentially the same information required under the current rule. As with all rules in Chapter 9, this rule helps ensure that machines used in casino gaming in the state meet certain statutory mandates, including that the machines used in Ohio are ones that have been approved and that meet the standards of this state. 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 9 - 3772-9-06 Possession and storage of electronic gaming equipment. The Commission anticipates a minimal adverse impact to business from this rule. The rule requires a casino operator to provide the Commission with a list of all electronic gaming equipment (EGE) in its inventory. The purpose of this provision and others in the rule is to ensure that EGE is not tampered with and maintains compliance with the technical standards required under R.C. Chapter 3772 and the rules adopted thereunder. The requirement for an EGE list is one way the Commission is able to fulfill its statutory mandate to have proper operation and reporting of EGE under R.C. 3772.31 without having to require a central system. The rest of the requirements in this rule all relate to ensuring that EGE is appropriately secured, so it cannot be tampered with, again, allowing the Commission to ensure EGE's proper operation and adherence to approved standards, as required by statute and without the need for a central system. Because these requirements are all based in statute and are built into the casino gaming business model, these requirements have not and are not expected to have a meaningful impact on the casino operators. Moreover, the amendments to this rule reduce any business impacts that do exist, i.e. by removing an obsolete requirement for critical program storage media. Specifically, the change removes an undefined term, “critical program storage media”, and replaces it with a defined term, “Electronic Gaming Equipment”. The changes also incorporate the recent removal of the Commission’s from the verification process. 3772-9-09 Installation, maintenance, or removal of electronic gaming equipment. This rule requires casino operators to only place suitable electronic gaming equipment (EGE) into service and requires three specific things to be done before removing EGE from service: currency and vouchers must be removed and transported to the count room, accounting meters must be recorded, and remaining credits must be removed. The Commission anticipates an adverse impact from employee time spent on these tasks. However, this rule is explicitly required by R.C. 3772.03(D)(25) and the requirements in the rule are both common casino- gaming business practice and necessary to ensure that all EGE continues to be running in the manner approved, as required by statute, blunting any business impact. 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 10 - 3772-10-02 Internal controls. The rule requires a casino operator to submit written internal controls prior to initial operation, and prohibits it from operating unless the Commission has approved these controls. The Commission anticipates an adverse impact on business from this rule, relating to the submission and maintenance of required information, as well as the cost from operators complying with the relevant submissions. However, this rule and the controls are necessary to ensure the operators are complying with the requirements of R.C. Chapter 3772, in particular several of the mandatory rules the Commission is required to adopt in R.C. 3772.03. The controls are also necessary so the Commission can effectively audit gaming operations pursuant to R.C. 3772.033. Additionally, the business impact of the rule is further blunted because internal controls, by definition, allow each casino operator to implement processes that best fit their business model. At this point in time, all casino operators already have compliant internal controls. The proposed change does two main things. First, it allows the Executive Director to require specific internal controls. And second, by removing the requirement that amendments to an operator's internal controls must be approved by the Commission at a public meeting, and instead allowing the Executive Director to approve the amendments, the proposed change lessens any adverse impact by making it easier for an operator to amend its internal controls. 3772-12-01 Definitions, purpose, and scope of the Ohio voluntary exclusion program. The Commission does not anticipate an adverse impact on business from this rule. The rule provides definitions and the general framework that governs the Voluntary Exclusion Program. Any potential business impact would be triggered by other rules’ substantive provisions, specifically those found in 3772-12-04 or -06. 16. Are there any proposed changes to the rules that will reduce a regulatory burden imposed on the business community? Please identify. (Reductions in regulatory burden may include streamlining reporting processes, simplifying rules to improve readability, 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 11 - eliminating requirements, reducing compliance time or fees, or other related factors). The amendments to these rules will reduce the number of regulatory restrictions by six. 3772-9-06 Possession and storage of electronic gaming equipment. The amendment to this rule removes one obsolete requirement for how critical program storage media is stored. Specifically, the change removes an undefined term, "critical program storage media", and replaces it with a defined term, "Electronic Gaming Equipment". The changes also incorporate the recent removal of the Commission from the verification process. 3772-9-09 Installation or removal of electronic gaming equipment. Rule 3772-9-10 is being rescinded, with most of its requirements being moved to 3772-9-09, which itself is being rewritten. While Rule 3772-9-09 gains a regulatory restriction, the rescission of Rule 3772-9-10 removes six restrictions. The result is a reduction of five regulatory restrictions between the two rules. See the BIA for Rule 3772-9-10 for more details. 17. Why did the Agency determine that the regulatory intent justifies the adverse impact to the regulated business community? The regulatory intent justifies any adverse impact because Article XV, Section 6(C) of the Ohio Constitution and R.C. Chapter 3772 require the Commission to ensure the integrity of casino gaming, specifically by performing many of the tasks listed here. Moreover, the regulatory intent justifies any adverse impact because casino gaming is a highly regulated industry and is accustomed to these regulations in every jurisdiction in which they operate. Unregulated gaming poses a threat to the public welfare and raises the potential for fraud and abuse. To mitigate these threats, the Commission, like other gaming regulatory bodies, is using its several statutory mandates and regulatory authority to establish a best practice framework. Finally, the amendments in this package largely lessen any business impact, including removing redundant provisions of law or clarifying the Commission’s interpretation of a particular rule, while still ensuring the Commission is not shirking these constitutional and statutory mandates. 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 12 - Regulatory Flexibility 18. Does the regulation provide any exemptions or alternative means of compliance for small businesses? Please explain. Yes (indirectly), though it is unlikely this will be necessary since these regulations mostly impact casino operators and a few related entities, none of which likely constitute a small business. These amendments indirectly provide exemption or alternative means of compliance through Ohio Adm.Code 3772-1-04, which permits the Commission, upon written request, to grant waivers and variances from the rules adopted under R.C. Chapter 3772, including these rules, if doing so is in the best interest of the public and will maintain the integrity of casino gaming in the State of Ohio. Along with these rules, Rule 3772-1-04 is also going through its five-year review and is being filed with a host of other rules in a separate no-change package. 19. How will the agency apply Ohio Revised Code section 119.14 (waiver of fines and penalties for paperwork violations and first-time offenders) into implementation of the regulation? Though it is unlikely R.C. 119.14 will apply to these amendments because the rules largely impact casino operators, gaming-related vendors, and testing laboratories, none of which likely constitute a small business, the Commission will adhere to the statutory requirements thereunder, if applicable. To the extent R.C. 119.14 would apply to a violation of these amendments, the Commission will provide verbal and written notification to the small business to correct the paperwork violation. Thereafter, the Commission would allow the small business a reasonable time to correct the violation. The Commission and its staff would also offer any additional assistance necessary to aid in remediation of the violation. No further action would be taken unless the small business fails to remedy the violation within the reasonable time allotted by the Commission. 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 13 - 20. What resources are available to assist small businesses with compliance of the regulation? The Commission and its staff are dedicated to working with members of the regulated community and the public to effectively and efficiently regulate casino gaming in this state. As a result, the following resources are available: • Commission’s mailing address: 100 E. Broad St., 20th Floor, Columbus, OH 43215 • Commission’s toll-free telephone number: (855) 800-0058 • Commission’s Division of Licensing telephone number: (614) 387-5688 • Commission’s fax number: (614) 485-1007 • Commission’s website: http://www.casinocontrol.ohio.gov/ • Commission’s email: info@casinocontrol.ohio.gov • Commission’s casino gaming listserv: https://ohio.us7.list- manage.com/subscribe?u=1c618d44ec5c718843ae2e7bb&id=3d36674d21 Also, all members of the regulated community and public may, in accordance with Rule 3772-2- 04, request to address the Commission during a public meeting. Finally, all members of the regulated community may, pursuant to Rule 3772-1-04, request waivers and variances from the Commission’s casino gaming regulations. 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 14 -