Sec. 102. Definitions
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/bill/113/hr/2282/ih/section-102A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this title: The term applicant means any person who has applied for a license under this title. Except as provided in subparagraph (B), the term bet or wager has the meaning given the term in section 5362 of title 31, United States Code. The term bet or wager does not include the following: A bet or wager that is permissible under the Interstate horseracing Act of 1978 ( 15 U.S.C. 3001 et seq. ). A qualifying intrastate lottery transaction. Except as provided in subparagraph (B), the term casino gaming means the full range of casino gaming activity licensed by regulatory bodies of States or Indian tribes that would be qualified as class III gaming under section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 ) if that Act were applicable to the gaming.
The term casino gaming does not include lotteries of States or Indian tribes in compliance with the law of that State or Indian tribe, as applicable, and which solely provide lottery tickets to participants wholly within the boundaries of such State or the Indian lands of such Indian tribe. Except as provided in subparagraph (B), the term gaming device means any computer-based gambling machine, including slot machines and video lottery terminals that have been approved by a gaming regulatory authority of a State or Indian tribe.
The term gaming device does not include machines that process bets or wagers for pari-mutuel betting pools. The terms Indian lands and Indian tribe have the meaning given the terms in section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 ). The term Internet has the meaning given the term in section 5362 of title 31, United States Code. The term Internet gambling facility means an Internet website, or similar communications facility in which transmissions may cross State boundaries, through which a bet or wager is initiated, received, or otherwise made, whether transmitted by telephone, Internet, satellite, or other wire or wireless communication facility, service, or medium, including an Internet gambling facility not operating under a license in good standing issued under this title, including any facility that facilitates qualifying intrastate lottery transactions to the degree that such facility facilitates such transactions.
The term licensee means a person who operates an Internet gambling facility under a license issued by a qualified body pursuant to this title. The term live racing means, with respect to a physical race track, the conduct of live thoroughbred horse races at such race track and does not include any races simulcasted from a separate race track. The term operate an Internet gambling facility means to conduct, direct, manage, own, supervise, or control an Internet gambling facility.
The term person means a natural person, corporation, casino gambling facility, or race track, an Internet gambling facility, an Internet poker facility, a State or State agency, or an Indian tribe or corporation, agency, or instrumentality of an Indian tribe. The term qualified body means the following: The Office of Internet Gambling Oversight established under section 104(a) and designated under section 105(a)(2). Any State agency or regulatory body of an Indian tribe that has been designated as a qualified body under paragraph
(1)or
(3)of section 105(a). The term qualified race track means a race track that has been licensed by a regulatory authority of a State or Indian tribe. The term qualifying intrastate lottery means a lottery or other prize, through the purchase of a chance or opportunity to win, that is offered by a State or Indian tribe— that is operating lawfully under the laws of that State or Indian tribe, as the case may be; that is not related to a sporting event; in which the opportunity to win is predominately subject to chance; and that provides the chances or opportunity to win for purchase to participants only within the boundaries of that State or the Indian lands of that Indian tribe, as the case may be. The term qualifying lottery transaction means the purchase of a chance or opportunity to win a lottery or other prize offered by a State lottery, operating lawfully under the laws of a State or Indian tribe, that is not sports-related and— which opportunity to win is predominantly subject to chance; and which is authorized by a State or Indian tribe. Except as provided in subparagraph (B), the term remote gaming equipment means electronic or other equipment principally used by or on behalf of an operator of an Internet gambling facility, including by any significant vendor to such operator, to— register a person’s participation in Internet gambling and to store information relating thereto; present to persons who are participating or who may participate in Internet gambling the game that is to be played; determine all or part of, or the effect of, a result relevant to Internet gambling and to store information relating thereto; accept payment with respect to Internet gambling from the player; or authorize payment of any winnings in respect of Internet gambling. The term remote gaming equipment does not include the following: Equipment used for business continuity, back-up, excess capacity, or other secondary use. A computer which is used by a person to participate in Internet gambling unless the computer is provided by or on behalf of the person who is conducting or providing the facilities for the game. Equipment operated in the ordinary course of providing banking, telecommunications, or payment processing services. Such other equipment that provides ancillary services as the Secretary considers appropriate. The term Secretary means the Secretary of the Treasury. The term significant vendor means a person who— on behalf of a licensee, knowingly manages, administers, or controls bets or wagers that are initiated, received, or otherwise made within the United States; on behalf of a licensee, knowingly manages, administers, or controls the games with which such bets or wagers are associated; on behalf of a licensee, develops, maintains, or operates the software or other system programs or hardware on which the games or the bets or wagers are managed, administered, or controlled; provides the trademarks, tradenames, service marks, or similar intellectual property under which a licensee identifies its Internet gambling facility to its customers in the United States; sells, licenses, or otherwise receives compensation for selling or licensing information on individuals in the United States that made bets or wagers with an Internet gambling facility not licensed under this title via a database or customer lists; provides any products, services, or assets to a licensee and is paid a percentage of gaming revenue or commission fees by the licensee (not including fees to financial institutions and payment providers for facilitating a deposit by a customer); or with respect to an applicant, proposes to provide any of the activities, services, or items identified in subparagraphs
(A)through (F). Except as provided in subparagraph (B), the term sporting event means any athletic competition, whether professional, scholastic, or amateur or any performance of any athlete in such competitions. The term sporting event does not include any activity described in section 3704(a)(4) of title 28, United States Code. The term State means each of the several States of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
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