230.210 Definitions for chapter.
1,840 words·~8 min read·
/ky/chapter-230/230-210A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in this chapter, unless the context requires otherwise:
(1)"Advance deposit account wagering" means a form of pari-mutuel wagering in
which an individual may establish an account with a person or entity licensed by the
corporation, and may place a pari-mutuel wager through that account that is
permitted by law;
(2)"Advance deposit account wagering licensee" means a person or entity licensed by
the corporation to conduct advance deposit account wagering and accept deposits
and wagers, issue a receipt or other confirmation to the account holder evidencing
such deposits and wagers, and transfer credits and debits to and from accounts;
(3)"Amateur youth sporting event" means any sporting event in which an individual:
(a)Shall be less than eighteen
(18)years of age to participate; and
(b)Is prohibited, as a condition of participating in the sporting event, from
receiving direct or indirect compensation for the use of the individual's
athletic skill in any manner with respect to the sport in which the particular
sporting event is conducted;
(4)"Appaloosa race" or "Appaloosa racing" means that form of horse racing in which
each horse participating in the race is registered with the Appaloosa Horse Club of
Moscow, Idaho, and is mounted by a jockey;
(5)"Arabian" means a horse that is registered with the Arabian Horse Registry of
Denver, Colorado;
(6)"Association" means any person licensed by the Kentucky Horse Racing and
Gaming Corporation under KRS 230.300 and engaged in the conduct of a
recognized horse race meeting;
(7)"Charitable gaming" means gaming licensed by the corporation on and after July 1,
2025, as authorized under this chapter and KRS Chapter 238;
(8)"Corporation" means the Kentucky Horse Racing and Gaming Corporation;
(9)"Geofence" means a virtual geographic boundary defined by Global Positioning
System
(GPS)or Radio Frequency Identification
(RFID)technology;
(10)"Harness race" or "harness racing" means trotting and pacing races of the
standardbred horses;
(11)"Horse race meeting" means horse racing run at an association licensed and
regulated by the Kentucky Horse Racing and Gaming Corporation, and may include
Thoroughbred, harness, Appaloosa, Arabian, paint, and quarter horse racing;
(12)"Host track" means the track conducting racing and offering its racing for intertrack
wagering, or, in the case of interstate wagering, means the Kentucky track
conducting racing and offering simulcasts of races conducted in other states or
foreign countries;
(13)"Interstate wagering" means pari-mutuel wagering on simulcast horse races from a
track located in another state or foreign country by patrons at a receiving track or
simulcast facility;
(14)"Intertrack wagering" means pari-mutuel wagering on simulcast horse races from a
host track by patrons at a receiving track;
(15)"Kentucky paint horse, Appaloosa, and Arabian purse fund" means a purse fund
established to receive funds as specified in KRS 230.3771 for purse programs
established in KRS 230.446 to supplement purses for paint horse, Appaloosa, and
Arabian horse races. The purse program shall be administered by the Kentucky
Horse Racing and Gaming Corporation;
(16)"Kentucky quarter horse purse fund" means a purse fund established to receive
funds as specified in KRS 230.3771 for purse programs established in KRS 230.407
to supplement purses for quarter horse races. The purse program shall be
administered by the Kentucky Horse Racing and Gaming Corporation;
(17)"Kentucky resident" means:
(a)An individual domiciled within this state;
(b)An individual who maintains a place of abode in this state and spends, in the
aggregate, more than one hundred eighty-three
(183)days of the calendar year
in this state; or
(c)An individual who lists a Kentucky address as his or her principal place of
residence when applying for an account to participate in advance deposit
account wagering;
(18)"Licensed facility for sports wagering" means the designated areas to conduct
sports wagering for a track licensed to conduct sports wagering pursuant to KRS
230.811;
(19)"Licensed premises" means a track or simulcast facility licensed by the corporation
under this chapter;
(20)"Paint horse" means a horse registered with the American Paint Horse Association
of Fort Worth, Texas;
(21)"Pari-mutuel wagering," "pari-mutuel system of wagering," or "mutuel wagering"
each means any method of wagering previously or hereafter approved by the
corporation in which one
(1)or more patrons wager on a horse race or races,
whether live, simulcast, or previously run. Wagers shall be placed in one
(1)or
more wagering pools, and wagers on different races or sets of races may be pooled
together. Patrons may establish odds or payouts, and winning patrons share in
amounts wagered including any carryover amounts, plus any amounts provided by
an association less any deductions required, as approved by the corporation and
permitted by law. Pools may be paid out incrementally over time as approved by
the corporation;
(22)"Person" means an individual, sole proprietorship, partnership, association,
fiduciary, corporation, limited liability company, or any other business entity;
(23)"President" means the president of the Kentucky Horse Racing and Gaming
Corporation, who shall serve as chief executive officer of the corporation;
(24)"Principal" means any of the following individuals associated with a partnership,
trust, association, limited liability company, or corporation that is licensed to
conduct a horse race meeting or an applicant for a license to conduct a horse race
meeting:
(a)The chairman and all members of the board of directors of a corporation;
(b)All partners of a partnership and all participating members of a limited
liability company;
(c)All trustees and trust beneficiaries of an association;
(d)The president or chief executive officer and all other officers, managers, and
employees who have policymaking or fiduciary responsibility within the
organization;
(e)All stockholders or other individuals who own, hold, or control, either directly
or indirectly, five percent (5%) or more of stock or financial interest in the
collective organization; and
(f)Any other employee, agent, guardian, personal representative, or lender or
holder of indebtedness who has the power to exercise a significant influence
over the applicant's or licensee's operation;
(25)"Proof of wagers" includes any paper, card, certificate, token, or ticket, which
indicates the details of one
(1)or more pari-mutuel wagers that were placed and, if
such wagers are successful, that winnings are due to the ticket holder from the
track;
(26)"Quarter horse" means a horse that is registered with the American Quarter Horse
Association of Amarillo, Texas;
(27)"Receiving track" means a track where simulcasts are displayed for wagering
purposes. A track that submits an application for intertrack wagering shall meet all
the regulatory criteria for granting an association license of the same breed as the
host track, and shall have a heated and air-conditioned facility that meets all state
and local life safety code requirements and seats a number of patrons at least equal
to the average daily attendance for intertrack wagering on the requested breed in the
county in which the track is located during the immediately preceding calendar
year;
(28)"Simulcast facility" means any facility approved pursuant to KRS 230.380 to
simulcast live racing and conduct pari-mutuel wagering on live racing;
(29)"Simulcasting" means the telecast of live audio and visual signals of horse races for
the purpose of pari-mutuel wagering;
(30)"Sporting event" means an event at which two
(2)or more persons participate in
athletic contests, or an event that takes place in relation to athletic contests as
approved by the corporation, but shall not include horse racing or amateur youth
sports or athletic events in which the majority of participants are under the age of
eighteen
(18)years;
(31)"Sports governing body" means the organization, league, or association that
oversees a sport, prescribes final rules, and enforces codes of conduct with respect
to such sport and participants therein;
(32)"Sports wagering" means the wagering conducted under this chapter on sporting
events or portions of sporting events, or on the individual performance statistics of
athletes in a sporting event or combination of sporting events, in conformance with
federal law and as authorized by the corporation pursuant to this chapter;
(33)"Sports wagering device":
(a)Means a mechanical, electrical, or computerized contrivance, terminal,
device, apparatus, software, piece of equipment, or supply approved by the
corporation for conducting sports wagering under this chapter; and
(b)Includes a personal computer, mobile device, or other device used in
connection with sports wagering not conducted at a licensed facility for sports
wagering;
(34)"Sports wagering service provider" or "service provider" means a person authorized
to conduct or manage sports wagering through an agreement with a track and
provide these services at a licensed facility for sports wagering, simulcast facility,
or through a website or mobile interface approved by the corporation;
(35)"Telephone account wagering" means a form of pari-mutuel wagering where an
individual may deposit money in an account at a track and may place a wager by
direct telephone call or by communication through other electronic media owned by
the holder of the account to the track;
(36)"Thoroughbred race" or "Thoroughbred racing" means a form of horse racing in
which each horse participating in the race is a Thoroughbred, (i.e., meeting the
requirements of and registered with The Jockey Club of New York) and is mounted
by a jockey;
(37)"Track" means any association duly licensed by the Kentucky Horse Racing and
Gaming Corporation to conduct horse racing and includes:
(a)For facilities in operation as of 2010, the location and physical plant described
in the "Commonwealth of Kentucky Initial/Renewal Application for License
to Conduct Live Horse Racing, Simulcasting, and Pari-Mutuel Wagering,"
filed for racing to be conducted in 2010;
(b)Real property of an association, if the association received or receives
approval from the corporation after 2010 for a location at which live racing is
to be conducted; or
(c)One
(1)facility or real property that is:
1. Owned, leased, or purchased by an association within a sixty
(60)mile
radius of the association's racetrack but not contiguous to racetrack
premises, upon corporation approval; and
2. Not within a sixty
(60)mile radius of another licensed track premise
where live racing is conducted and not within a forty
(40)mile radius of
a simulcast facility, unless any affected track or simulcast facility agrees
in writing to permit a noncontiguous facility within the protected
geographic area;
(38)"Unclaimed pari-mutuel winning ticket":
(a)Means the proof of wager that would require payment of winnings upon
submission to the track, but has been presumed abandoned under KRS
230.361; and
(b)Includes proof of wagers from live racing and simulcasting; and
(39)"Unredeemed pari-mutuel voucher":
(a)Means a voucher issued by a licensed track that evidences the value of funds
or credits available that a patron may use for placing pari-mutuel wagers on
live or previously run horse races, or which the patron may redeem for cash,
but has been presumed abandoned under KRS 230.361; and
(b)Does not include:
1. Any proof of wagers or any other information related to specific wagers
placed on live or historical horse racing; or
2. Any vouchers that were voluntarily surrendered for donation to charity
or similar purposes.