KRS § 230.210 — KY Code / Title XIX / Chapter 230 / Section 230.210
230.210 Definitions for chapter
Status: in_force

230.210 Definitions for chapter.

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.