2023 Wyoming Statutes › Title 11 - Agriculture, Livestock and Other Animals › Chapter 25 - Wyoming Gaming Commission › Article 1 - In General › Section 11-25-102 - Definitions.

11-25-102. Definitions.
(a) As used in this act:
(i) "Breeder award" means monies collected pursuant to W.S. 11-25-201(j) and distributed by the commission to promote the improved breeding and development of the horse industry in Wyoming. Breeder awards may include purse enhancement of Wyoming bred races;
(ii) "Commission" means the Wyoming gaming commission;
(iii) "Drug" means any substance foreign to a horse's body as prescribed by the commission;
(iv) "Event" means a pari-mutuel event;
(v) "Pari-mutuel event" means the events which are authorized by the commission for the conduct of horse racing (to include quarter horse, thoroughbred or other approved races), harness racing, cutter racing, chariot racing, chuckwagon racing, professional roping and rodeo events and simulcasting of dog racing and the events described in this paragraph as prescribed by the commission. Notwithstanding W.S. 6-7-101(a)(iv) and 11-25-203, the commission may authorize and promulgate rules providing for pari-mutuel wagering on events that have previously occurred, utilizing an electronic system or device that affords an opportunity for the exercise of skill or judgment where the outcome is not completely controlled by chance alone;
(vi) "Pari-mutuel wagering" means wagering on the outcome of pari-mutuel events in which those who wager purchase tickets of various denominations on entrants in the events and all wagers for each event are pooled and held by the permittee for distribution, and when the outcome of the event has been decided, the permittee distributes the total wagers comprising the pool, less an amount not greater than twenty-five and nine-tenths percent (25.90%) for live racing and in the event of simulcasting an amount not to exceed the percentage allowed at the host track or thirty-five percent (35%), whichever is less and less the amount for breakage to holders of tickets on the winning entries;
(vii) "Simulcasting" means the sale of pari-mutuel pools electronically transmitted live or historic on interstate or intrastate pari-mutuel events as prescribed by the commission. The commission shall authorize simulcasting subject to the following conditions:
(A) Simulcasting may be conducted only by a holder of a permit to simulcast issued under this act. The permit shall be authorized by the commission for a period not to exceed three (3) years from the date of issuance. The commissioners shall issue a simulcast permit only to an applicant authorized under this act to conduct a pari-mutuel event other than simulcasting;
(B) Simulcasting may be conducted off the permitted premises only if the board of county commissioners of the county in which such simulcasting will be conducted grant [grants] its approval;
(C) No simulcasting may be conducted within one hundred (100) miles of any premises permitted under this act, except that the commission may waive the one hundred (100) mile limitation if the simulcast permit application includes written approval from the permittee whose permitted premises is within the one hundred (100) mile limitation;
(D) The commission shall promulgate rules for conducting simulcasting as are reasonably necessary to protect the public interest.
(viii) "This act" means W.S. 11-25-101 through 11-25-306;
(ix) "Multiple wagering" means wagers which consist of a single betting interest on two (2) entries;
(x) "Exotic wagering" means wagers which consist of a single betting interest on three (3) or more entries;
(xi) "Advance deposit pari-mutuel wager" means a wager in which a person who has opened an account in advance with a licensee can place wagers from this account in person, by telephone or other electronic means;
(xii) "Horsemen's association" means the association that represents the majority of the owners and trainers licensed by the commission to race horses at an event;
(xiii) "Out-of-state simulcast facility" means a track or other facility, located within a jurisdiction other than Wyoming, at which pari-mutuel wagers are placed, accepted or distributed, either in person or electronically, on simulcast races pursuant to proper authorization under the laws of that jurisdiction;
(xiv) "Source market fee" means a license fee, assessed by the commission pursuant to W.S. 11-25-201(m), payable by out-of-state simulcast facilities that conduct pari-mutuel wagering on simulcast races and that accept wagers from Wyoming residents by telephone or other electronic means at those facilities;
(xv) "Net proceeds" means all revenue less the payment to the player;
(xvi) "Establishment" means a single physical place of business that operates as a truck stop, smoke shop or that is licensed or permitted to sell alcoholic liquor or malt beverages under W.S. 12-2-203(g), 12-4-201, 12-4-301, 12-4-401, 12-4-407, 12-4-413, 12-4-414 or 12-4-415;
(xvii) "Operator" means a person who possesses and operates an establishment where skill based amusement games may be played for profit;
(xviii) "Skill" means a player's knowledge, dexterity or any other ability or expertise relevant to game play;
(xix) "Skill based amusement game" means a game played in exchange for consideration of cash, credit or other thing of value on a fixed, commercial electrical gaming device in which the bona fide skill of the player, determined by an individual's level of strategy and skill, rather than any inherent element of chance, is the primary factor in determining the outcome and for which the player may be awarded a prize or other thing of value for a successful outcome. "Skill based amusement game" shall not include any game played for prizes of nominal value as provided by rule of the commission;
(xx) "Vendor" means a person who owns and distributes a skill based amusement game to an operator for profit.
(xxi) "Truck stop" means a business premises that is:
(A) Equipped with diesel islands used for fueling commercial motor vehicles and that sells on average one hundred twenty-five thousand (125,000) gallons of diesel or biodiesel fuel each month based on the previous twelve (12) months of sales; and
(B) Located on a parcel of land of not less than two (2) acres that is either owned or leased by the business and which includes a convenience store with parking spaces dedicated to commercial motor vehicle use.
(xxii) "Smoke shop" means a retailer as defined in W.S. 14-3-301(a)(iii) that derives fifty percent (50%) or more of its gross annual revenue from nicotine products as defined by W.S. 14-3-301(a)(vi).