W. Va. Code R. § 178-10-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 178-10-2 - Definitions

As used in this rule and unless the context clearly requires a different meaning, the following terms shall have the meaning ascribed in this section.

2.1. "Account" means an advance deposit wagering (ADW) account owned by an account holder and managed by an ADW licensee that the Racing Commission has determined will maintain a specific identifiable record of account deposits, wagers, credits, debits, and withdrawals, and protect the account holder's confidential information.

2.2. "Account holder" means a resident individual, at least 18 years of age who applies for and successfully opens an account with an ADW licensee.

2.3. "Advance deposit account wagering" means a method of pari-mutuel wagering that is permissible under the Interstate Horseracing Act, 15 U.S.C. § 3001 et seq., in which an individual may establish an account with a person or entity, licensed by the Racing Commission, to place pari-mutual wagers on horse or greyhound racing with the ADW licensee via electronic media or by telephone, but not account wagering conducted through a licensee under § 19-23-9(a) of the West Virginia code, and the Racing Commission's rules thereunder with respect to wagering conducted pursuant to Racing Commission Rule § 178-5-5.

2.4. "Advance deposit account wagering licensee" means an entity licensed by the Racing Commission to conduct advance deposit account wagering that accepts deposits and wagers, issues a receipt or other confirmation to the account holder evidencing the deposits and wagers, and transfers credits and debits to and from an account.

2.5. "ADW" means advance deposit account wagering.

2.6. "Confidential information" means

(A) The amount of money credited to, debited from, withdrawn from, or present in an account;

(B) the amount of money wagered by an account holder on any race or series of races, or the identities of racing associations on which the account holder is wagering or has wagered;

(C) the account number and secure personal identification information of an account holder; and

(D) unless authorized by the account holder, the name, address, or other information that would identify the account holder to any person or entity other than the Racing Commission or the ADW licensee that manages the account.

2.7. "Electronic media" means any electronic communication device or combination of devices, including, but not limited to, personal computers, the Internet, private networks, interactive televisions, and wireless communication technologies or other technologies approved by the Racing Commission.

2.8. "Licensee" means any racing association holding a license as defined by § 19-23-3 of the West Virginia code.

2.9. "Located" means, in regard to a resident account holder, where his or her principal residence is located.

2.10. "Principal residence" means the street address identified by a resident account holder as that individual's residential address, as the address may be verified by the ADW licensee to the satisfaction of the Racing Commission.

2.11. "Resident" is an individual who:

(A) is domiciled in West Virginia;

(B) maintains a place of abode and spends at least 183 days within a calendar year in West Virginia; or

(C) lists an address in West Virginia as his or her principal residence when opening an account.

2.12. "Source market fee" means a fee paid by the ADW licensee which shall be four percent of the total amount wagered through the ADW licensee by residents under § 19-23-12e of the West Virginia code, excluding refunds and cancellations, payable on a monthly basis to the Racing Commission and distributed as set forth in § 19-23-12e(b) of the West Virginia code.

2.13. "Total handle" means the total annual dollar sales amount of all pari-mutuel wagering on horse and greyhound races conducted at, or generated from, imports or exports of simulcast horse and greyhound races to or from a licensee, including all moneys from wagering conducted under § 19-23-9, § 19-23-12a, § 19-23-12b, and § 19-23-12c of the West Virginia code, but excluding refunds, cancellations, and advance deposit account wagering under § 19-23-12e of the West Virginia code.

W. Va. Code R. § 178-10-2