Sec. 101. Definitions
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/bill/113/hr/2666/ih/section-101A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in this title, the following definitions apply: The term applicant means any person who has applied for a license pursuant to 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. ). Placing, receiving, or otherwise transmitting a bet or wager— as described in subparagraph
(B)of section 5362(10) of title 31, United States Code, and clarified by subparagraph
(E)of such section; and authorized under a license that was issued by a regulatory body of a State or federally recognized Indian tribe on or before the date of enactment of this Act. A bet or wager that is— a chance or opportunity to win a lottery or other prize (which opportunity to win is predominantly subject to chance) authorized by a State or federally recognized Indian tribe; and a placing, receiving, or transmitting of a bet or wager as described in such subparagraph
(B)and clarified by subparagraph
(E)of such section 5362(10). Placing, receiving, or otherwise transmitting a bet or wager as described in subparagraph
(C)of such section 5362(10), as clarified by such subparagraph (E). 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 federally recognized 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 federally recognized Indian tribes. The term casino gaming facility means a facility that provides casino gaming on a riverboat, at a race track, or in another facility that hosts gaming devices in one physical location pursuant to a duly authorized license issued by a gaming regulatory authority of a State or Indian tribe and has not fewer than 500 slot machines. The term Commission means the National Indian Gaming Commission. 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 federally recognized Indian tribe. The term gaming device does not include— machines that process bets or wagers for parimutuel betting pools or class II gaming devices qualified under section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 ); or a personal computer. The term independent testing laboratory means a testing laboratory that is accredited by an international accreditation body approved by the Secretary and is not owned or controlled by an Internet gaming facility, an electronic gambling equipment vendor, manufacturer, or retailer, or an Internet gambling operator. The terms Indian lands and federally recognized Indian tribe have the meanings given the terms Indian lands and Indian tribes , respectively, 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 poker means a poker game, hand, tournament, or other contest of poker offered through the use of an Internet poker facility. The term Internet poker facility means an Internet Web site, or similar communications facility in which transmissions may cross State boundaries, through which a bet or wager is initiated, received, or otherwise made, solely with respect to a game, hand, tournament, or other contest of poker, whether transmitted by telephone, Internet, satellite, or other wire or wireless communication facility, service, or medium. The term licensee means a person who operates an Internet poker facility under a license issued by a qualified regulatory authority pursuant to this title. The term operate an Internet poker facility means to conduct, direct, manage, own, supervise, or control an Internet poker facility. The term poker means any of several card games commonly known as poker in which players compete against each other, and not against any person, entity, or fellow player hosting the game (sometimes called the house ), the outcome of which, over any significant interval, is predominantly determined by the skill of the players. The term qualified regulatory authority means— a State agency or regulatory body that has been designated as a qualified regulatory authority under section 103(c); the designated regulatory authority of a federally recognized Indian tribe authorized to game under the Indian Gaming Regulatory Act and designated as a qualified regulatory authority under section 103(c); or the Office of Internet Poker Oversight established under section 103(b). The term qualified card room means a facility that has been licensed by a State or federally recognized Indian tribe to provide at least 175 tables in one physical facility for bets or wagers on poker. 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 poker facility, including by any significant vendor to such operator, to— register a person’s participation in Internet poker and to store information relating thereto; present to persons who are participating or who may participate in Internet poker the game that is to be played; determine all or part of, or the effect of, a result relevant to a game, hand, tournament, or other contest of Internet poker and to store information relating thereto; accept payment with respect to Internet poker from the player; or authorize payment of any winnings in respect of Internet poker. 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 poker 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 Commerce. 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, trade names, service marks, or similar intellectual property under which a licensee identifies its Internet poker facility to its customers in the United States; sells, licenses, or otherwise receives compensation for selling or licensing information via a database or customer list on individuals in the United States selected in whole or in part because they made bets or wagers with an Internet gambling facility not licensed either pursuant to this title or by a State or federally recognized Indian tribe as permitted under this title; provides any products, services, or assets to a licensee and is paid a percentage of gaming revenue or Internet poker 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 (E). 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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