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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 85. Gaming Machine Specifications and Use and Operation Requirements |
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Subchapter 1. General Provisions |
SECTION 325:85-1-2. 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 in these Rules."Central computer" means a computer or computers to which Player Terminals may be linked to allow competition in Electronic Bonanza-Style Bingo Games."Commission" means the Oklahoma Horse Racing Commission."Compact" means a Model Compact or any other tribal-state compact entered into between the State of Oklahoma and a federally recognized Indian tribe in accordance with the Indian Gaming Regulatory Act, and which has been approved by the United States Secretary of the Interior, as evidenced by publication of the approval in the Federal Register."Compact Electronic Game" means any Gaming Machine allowed by Oklahoma law that a federally recognized Indian tribe in Oklahoma is authorized to use by virtue of a Compact."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."Electronic Amusement Game" means a game that is played in an electronic environment in which a player's performance and opportunity for success can be improved by skill that conforms to the Standards set forth in the Act."Electronic Bonanza-Style Bingo Game" means a game played in an electronic environment in which some or all of the numbers or symbols are drawn or electronically determined before the bingo cards for that game are sold that conforms to the Standards set forth in the Act."Electronic Instant Bingo Game" means a game played in an electronic environment in which a player wins if his or her electronic instant bingo card contains a combination of numbers or symbols that was designated in advance of the game as a winning combination. There may be multiple winning combinations in each game and multiple winning cards."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."Game play credits" means a method of representing value obtained from the exchange of cash or cash equivalents, or earned as a prize, in connection with the play of Authorized Games. Game Play Credits may be redeemed for cash or a cash equivalent."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."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 Machines. 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."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."Model Compact" means a tribal-state compact between the State of Oklahoma and an Indian tribe entered into pursuant to 3A., O.S., § 280 and 281."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."Non-Compact Electronic Game" means any Gaming Machine that a federally recognized Indian tribe in Oklahoma is lawfully permitted to operate without a Compact under the Indian Gaming Regulatory Act. In determining whether a Gaming Machine qualifies as a Non-Compact Electronic Game, it shall be presumed that an Indian tribe is lawfully permitted to operate such Gaming Machine if such Indian tribe is operating such Gaming Machine within the State of Oklahoma and each of the following is true: (a) the National Indian Gaming Commission has not issued a Notice of Violation related to the unlawfulness of the Gaming Machine, instituted a formal action against the Indian tribe seeking to cause the Indian tribe to cease operating the Gaming Machine due to the unlawfulness of such Gaming Machine, issued an Order of Closure related to the Gaming Machine due to the unlawfulness of such Gaming Machine, nor assessed a civil fine related to the unlawfulness of the Gaming Machine; and (b) the Oklahoma Office of State Finance has not sent formal written notice to the Indian Tribe requesting that the Indian tribe cease operating the Gaming Machine due to the unlawfulness of such Gaming Machine. This presumption is a rebuttable presumption, which shall be deemed rebutted if substantial information to the contrary is presented or available to the Commission or its Executive Director."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."Person" means any individual, partnership, corporation, or other association or entity."Player Terminals" means electronic terminals housed in cabinets with input devices and video screens or electromechanical displays on which players play Authorized Games."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 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."Rules" means the Commission's Rules for Racetrack Gaming."Standards" means the descriptions and specifications of Electronic Amusement Games, Electronic Bonanza-Style Bingo Games, and Electronic Instant Bingo Games, or Components thereof, as set forth in the Act, including technical specifications for Component parts, requirements for cashless transaction systems, software tools for security and audit purposes, and procedures for operation of such games."State" means the State of Oklahoma."This Title" means Title 325 of the Oklahoma Administrative Code."Use and operation requirements" means (a) with respect to Electronic Amusement Games, Electronic Bonanza-Style Bingo Games and Electronic Instant Bingo Games, the use and operation requirements set forth in Subchapter 17, and (b) with respect to Compact Electronic Games and Non-Compact Electronic Games, the use and operation requirements set forth in Subchapter 19.