Current through Register Vol. XLI, No. 50, December 13, 2024
Section 178-7-2 - Definitions As used in this rule and unless the context clearly requires a different meaning, the following terms have the meaning ascribed in this section.
2.1. "Applicant" means any gaming licensee who is licensed under article twenty-five, chapter twenty-nine of this code, applying for a license under W. Va. Code § 19-23-12d to conduct pari-mutuel wagering on televised horse and dog races.2.2. "Commission" or "Racing Commission" means the West Virginia Racing Commission created in W. Va. Code §19-23.2.3. "Designated pari-mutuel wagering area" means one or more specific areas of an existing historic resort hotel within which the Racing Commission has authorized the gaming licensee to offer pari-mutuel wagering to patrons of the hotel.2.4. "Gaming facility" means a designated area on the premises of an existing historic resort hotel in which pari-mutuel wagering is conducted by a gaming licensee.2.5. "Gaming licensee" means the licensed operator of a gaming facility under W. Va. Code §29-25, who is also licensed under W. Va. Code §19-23, to offer pari-mutuel wagering on simulcast horse or dog races or on both types of races.2.6. "Handle" means the total amount of all pari-mutuel wagering sales less refunds and cancellations.2.7. "Historic resort hotel" means a historic resort hotel as defined in W. Va. Code § 29-25-2.2.8. "In-state host track" means a racetrack within this state licensed to conduct horse or dog race meetings at which pari-mutuel wagering is conducted and which is an in-state sending track.2.9. "In-state sending track" means a racetrack in this state licensed under this article to conduct horse or dog race meetings at which pari-mutuel wagering is conducted and which is equipped to conduct simulcasting of those races and intertrack pari-mutuel wagering on those races. 2.10. "In-state track" means an in-state host track or an in-state sending track.2.11. "Interstate common pool" means a pari-mutuel pool established within this state or in another state or foreign nation within which is combined comparable pari-mutuel pools of one or more receiving legal wagering entities located in one or more states or foreign nations upon a race at a sending track located within or outside of this state for the purpose of establishing payoff prices in the various jurisdictions.2.12. "Intertrack wagering" means parimutuel wagering on simulcast horse or dog races held at an in-state sending track by patrons at a gaming facility licensed under W. Va. Code § 19-23-12d and this rule and the electronic transmission of the wagers to the in-state sending track.2.13. "License" means a license issued by the Racing Commission pursuant to W. Va. Code § 19-23-12d and this rule, including: 2.13.a. A license to operate a gaming facility in which pari-mutuel wagering on simulcast races will be available to patrons;2.13.b. A license to be employed in connection with the operation of a gaming facility at which pari-mutuel wagering is offered on simulcast races; or2.13.c. A license to provide management services under a contract to a gaming facility licensed under W. Va. Code §19-23 and this rule.2.14. "Licensed gaming facility employee" means any individual licensed or registered to be employed by a gaming licensee in connection with the operation of a pari-mutuel wagering pursuant to W. Va. Code § 19-23-12d and this rule.2.15. "Out-of-state host track" means a racetrack in a jurisdiction other than this state, the operator of which is lawfully permitted to conduct a horse or dog race meeting and which conducts horse or dog races upon which pari-mutuel wagers may be placed.2.16. "Out-of-state track" means an out-of-state host track or an out-of-state sending track.2.17. "Out-of-state sending track" means a racetrack in a jurisdiction other than the State of West Virginia which is lawfully permitted to conduct a horse or dog race meeting and to provide simulcast horse or dog races to a racetrack in this state.2.18. "Participation agreement" means the written contract that provides for the establishment or implementation of simulcasting of horse or dog races and pari-mutuel wagering. Each contract shall set forth the manner in which the pari-mutuel wagering system shall be managed, operated and capitalized, as well as how expenses and revenues shall be allocated and distributed by and among the licensed gaming facility under W. Va. Code § 19-23-12d and this rule and the other eligible participants in the contract.2.19. "Premises of an existing historic resort hotel" means the historic resort hotel, attachments of the historic resort hotel, and the traditional, immediate grounds of the historic resort hotel.2.20. "Receiving gaming facility" means a licensed racetrack or authorized gaming facility within this state licensed under W. Va. Code §19-23 which is equipped to receive simulcast horse and dog races and to conduct intertrack or interstate wagering on those races.2.21. "Simulcast horse or dog races" means horse or dog races conducted at an in-state sending track or an out-of-state sending track, as the case may be, and transmitted simultaneously by picture to the authorized gaming facility licensed under W. Va. Code § 19-23-12d and this rule or other legal wagering facility.2.22. "Simulcasting" means the simultaneous audio or visual transmission of horse or dog races conducted at in-state and out-of-state racetracks to the gaming facility licensee under W. Va. Code § 19-23-12d and this rule and pari-mutuel wagering on the results of those races.