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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 325. Oklahoma Horse Racing Commission |
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Chapter 80. Gaming Licensing Requirements |
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Subchapter 1. General Provisions |
SECTION 325:80-1-2. Definitions
Latest version.
- Unless otherwise defined below, terms used in this chapter have the same meanings as set forth in the State-Tribal Gaming Act:"Act" means the State-Tribal Gaming Act enacted by the people with passage of State Question 712."Authorized games" means Electronic Amusement Games as defined in the Act, Electronic Bonanza-Style Bingo Games as defined in the Act, Electronic Instant Bingo Games as defined in the Act, Compact Electronic Games as defined in these Rules, and Non-Compact Electronic Games as defined by these Rules."Commission" means the Oklahoma Horse Racing Commission."Component" means a part of a Gaming Machine that is necessary for the proper operation and essential function of the Gaming Machine, including but not limited to a hopper, coin acceptor, Microprocessor and related circuitry, Program Storage Device, Bill Acceptor, cashless system, progressive system, monitoring system, meter and any other parts the Commission determines are Components; a Component is necessary for the proper operation and essential function of a Gaming Machine if it affects, directly or indirectly, the Gaming Machine's operation, game outcome, security, record-keeping, or communication with the central monitoring system; parts such as light bulbs, buttons, wires, decorative glass, fuses, batteries, handles, springs, brackets, and locks are not Components if they do not directly or indirectly affect the Gaming Machine's operation, game outcome, security, record-keeping, or communication with the central monitoring system."Control" when used as a noun, means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a Person or to exercise significant influence over management and policies due to financial investment, assumption of debts or expenses, or other monetary or non-monetary considerations extended to the applicant or Licensee; when used as a verb, "Control" means to exert, directly or indirectly, such power, or to be in a position to exert such power."Distributor" means a non-Manufacturer who leases, sells, distributes or markets any Gaming Machine, associated equipment, game program or Program Storage Device to a Racetrack Gaming Operator Licensee in the State of Oklahoma."Enclosure" means all areas of the property of an Organization Licensee to which admission can be obtained only by payment of an admission fee or upon presentation of proper credentials and all parking areas designed to serve the facility which are owned or leased by the Organization Licensee."Executive director" means the executive director of the Commission."Gaming agent" means a Commission employee trained in machine gaming, responsible for on-site enforcement of the Act and these Rules and other regulatory responsibilities as assigned by the Executive Director."Gaming employee" means any employee of a Racetrack Gaming Operator Licensee who works in any capacity within the confines of the Gaming Facility."Gaming employee license" means a license issued to a Gaming Employee by the Commission."Gaming facility" means that area within an Organization Licensee's Racetrack Premises approved by the Commission that has been set aside for the use of Authorized Games and related activities and access to which is limited to patrons 18 years of age or older."Gaming machine" means a contrivance designed primarily for gambling purposes which for a consideration affords the player an opportunity to obtain something of value, the award of which is determined by chance, or any token, chip, paper, receipt or other document which evidences, purports to evidence or is designed to evidence participation in a lottery or the making of a bet. The fact that the prize is not automatically paid by the device does not affect its character as a gambling device."Gaming machine license" means a license issued by the Commission to a Racetrack Gaming Operator Licensee for each Gaming Machine brought into the Racetrack Premises, for any purpose, including but not limited to storage, repair, modification or play."Independent testing laboratory" means a laboratory with a national reputation for honesty, independence, competence and timeliness that is demonstrably competent and qualified to scientifically test and evaluate devices for compliance with the Act and to otherwise perform the functions assigned to it in the Act. An Independent Testing Laboratory shall not be owned or Controlled by an Organization Licensee, an Indian tribe, the State, or any Manufacturer, supplier or operator of Gaming Machine. The use of an Independent Testing Laboratory for any purpose related to the operation of Authorized Games by an Organization Licensee under the Act shall be made from a list of one or more laboratories approved by the Commission."Key executive" means an executive of a Racetrack Gaming Operator Licensee, Manufacturer, Distributor, Manufacturer/Distributor, Vendor, or Independent Testing Laboratory who supplies goods and/or services which are used in the actual gaming, gaming monitoring or gaming surveillance, including officers, directors, and other Persons having the power to exercise significant influence over decisions concerning any part of the licensed gaming operations of the licensed employer, which for a Racetrack Gaming Operator Licensee, would include but would not be limited to the General Manager, Comptroller, Director of Finance, Director of Security, Director of Electronic Gaming Operations, and Director of Marketing."Key executive license" means a license issued to a Key Executive by the Commission."Manufacturer" means a Person who manufactures, fabricates, assembles, produces, programs, refurbishes, or makes Modification to any Gaming Machine or Component thereof, or associated Program Storage Device for sale, lease, distribution, use or play by a Racetrack Gaming Operator Licensee in the State of Oklahoma."Manufacturer licensee" means a Manufacturer licensed by the Commission."Manufacturer/Distributor" means a Person who is both a Manufacturer and Distributor as defined in these Rules."Manufacturer/Distributor licensee" means a Manufacturer/Distributor Licensed by the Commission."Modification" means a change or alteration in an approved Gaming Machine or Component thereof that affects the manner or mode of play (including the percentage paid by the Gaming Machine), as well as a change in Control or graphics programs "Modification" does not include a conversion from one approved mode of play to another approved mode of play, replacement of one game for another approved game replacement of one Component with another pre-approved Component, or the rebuilding of a previously approved Gaming Machine with pre-approved Components."Occupation gaming license" means any gaming license issued by the Commission other than a Racetrack Gaming Operator License or a Recipient Racetrack Gaming License."Occupation gaming licensee" means any Person receiving an Occupation Gaming License issued by the Commission."Organization license" means a license issued by the Commission which authorizes the licensee to conduct a race meeting in Oklahoma and accept pari-mutuel wagers on the outcome of live and simulcast horse racing."Organization licensee" means any Person receiving an Organization License issued by the Commission."Participating tribe" means an Indian tribe which operates a Gaming Facility within a radius of twenty (20) miles from the Enclosure of a Recipient Racetrack Gaming Licensee pursuant to a Model Compact."Person" means any individual, partnership, corporation, or other association or entity."Program storage device" means an EPROM (Erasable Programmable Read-Only Memory), hard drive, DVD, CD-ROM or other storage medium which is used for storing program instructions in or for a Gaming Machine, system or other associated equipment."Racetrack gaming operator license" means a license issued by the Commission which authorizes an Organization Licensee to conduct Authorized Games under the regulation, implementation and enforcement of the Commission."Racetrack gaming operator licensee" means any Organization Licensee which has been issued a Racetrack Gaming Operator License by the Commission."Racetrack premises" means the property that is owned or leased by the Organization Licensee that is used for racetrack purposes."Recipient racetrack gaming license" means a license issued by the Commission which authorizes the licensee to receive the funds authorized in the Act from Participating Tribes."Recipient racetrack gaming licensee" means any Person receiving a Recipient Racetrack Gaming License issued by the Commission."Rules" means the Commission's Rules for Racetrack Gaming."State" means the State of Oklahoma."This Title" means Title 325 of the Oklahoma Administrative Code."Vendor" means a Person, other than a licensed Manufacturer, Distributor, or Manufacturer/Distributor, who in selling or leasing goods and/or services to a Racetrack Gaming Operator Licensee, conducts operations on-site at a racetrack Gaming Facility provided that attorneys shall be exempt from the licensing requirement herein to the extent that they are providing services covered by their professional licenses."Vendor employee" means a Person employed by a Vendor and licensed by the Commission as a Vendor Employee."Vendor employee license" means a license which authorizes any employee to work for a licensed Vendor and supply goods and/or services on-site at the Gaming Facility."Vendor license" means a license issued by the Commission which authorizes a Vendor to sell goods and/or services to a Racetrack Gaming Operator Licensee.