Louisiana Administrative Code › Title 35 - HORSE RACING › Part XVII - Historical Horse Racing › Chapter 131 - Wagering on Historical Horse Racing › Section XVII-13103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				words and terms shall have the following meanings when used in this chapter,
				unless the context clearly indicates otherwise.
Applicant
-a duly licensed association who
				  has submitted an application to obtain a license to offer pari-mutuel wagering
				  on historical horse racing from the commission.
Commission
-the Louisiana State Racing
				  Commission.
Historical Horse Race
-a form of horse racing
				  that creates pari-mutuel pools from wagers placed on previously conducted horse
				  races and is hosted at an authorized facility, including:
a. any horse race whether running or harness,
				that was previously conducted at a licensed pari-mutuel facility;
b. concluded with official results;
				and
c. concluded without scratches,
				disqualifications, or dead-heat finishes.
Historical Horse Racing
-an electronic
				  wagering system used to create and sell pari-mutuel pools from wagers placed on
				  historic horse races, or that otherwise offer pari-mutuel wagers on such
				  races.
Independent Testing Laboratory
-a laboratory
				  with a national reputation for honesty, independence, and timeliness that is
				  demonstrably competent and qualified to scientifically test and evaluate
				  devices for compliance with this chapter and to otherwise perform the functions
				  assigned to it by this chapter. An independent testing laboratory shall not be
				  owned or controlled by a licensee, the state, or any manufacturer, supplier, or
				  operator of historical horse racing terminals.
Integrity Auditor
-a company that conducts
				  periodic and regular tests on the validity of pari-mutuel wagering, deductions,
				  and payouts for the applicable historical horse racing event, including the
				  legitimacy of the event itself, and tests that the order of finish of the race
				  selected in the wager is valid, match to the order of finish that occurred
				  empirically, and that all runners that were listed as entered into the race for
				  the purposes of the wager, legitimately ran in the race.
Key Person License
-a license issued to a key
				  person of an operator licensed by the commission.
Key Person
-any of the following
				  entities:
a. an officer, director,
				trustee, partner, or proprietor of a duly licensed association and/or person
				that has applied for or holds an operator, management company, or wagering
				vendor license or an affiliate or holding company that has control of a person
				that has applied for or holds any such license;
b. a person that holds a combined direct,
				indirect, or attributed debt or equity interest of more than 5 percent in a
				person that has applied for or holds an operator, management company, or
				wagering vendor license;
c. a
				person that holds a combined direct, indirect, or attributed equity interest of
				more than 5 percent in a person that has a controlling interest in a person
				that has applied for or holds an operator, management company, or wagering
				vendor license.
d. a managerial
				employee of a person that has applied for or holds an operator, management
				company, or wagering vendor license in this state, or a managerial employee of
				an affiliate or holding company that has control of a person that has applied
				for or holds an operator, management company, or wagering vendor license in
				this state, who performs the function of principal executive officer, principal
				operating officer, principal accounting officer, or an equivalent
				officer;
e. a managerial employee
				of a person that has applied for or holds an operator, management company, or
				wagering vendor license, or a managerial employee of an affiliate or holding
				company that has control of a person that has applied for or holds an operator,
				management company, or wagering vendor license, who will perform or performs
				the function of historical horse racing operations manager, or will exercise or
				exercises management, supervisory, or policy-making authority over the proposed
				or existing historical horse racing wagering operation, or supplier business
				operations in this state and who is not otherwise subject to occupational
				licensing in this state;
f. any
				individual or business entity so designated by the commission or executive
				director; and
g. an institutional
				investor is not a key person unless the institution has a controlling interest
				or fails to meet the standards for waiver of eligibility and suitability
				requirements for qualification and licensure under the
Rules of
				Racing
.
Licensee
-any entity holding an owner's or
				  operator's license under
				  R.S.
				  4:149, and/or offtrack wagering facility,
				  pursuant to
				  R.S.
				  4:213 who is granted a license by the
				  commission under this chapter to conduct pari-mutuel wagering on historical
				  horse racing.
Logic Area
-a separately locked cabinet area
				  with its own monitored, locked door or other monitored, locked covering that
				  houses electronic components that have the potential to significantly influence
				  the operation of the terminal.
Management Company
-an organization retained
				  by an association to manage the conducting of historical horse racing and
				  provide services such as accounting, general administration, maintenance,
				  recruitment, and other operational services.
Operator
-a person or entity licensed
				  pursuant to
				  R.S.
				  4:141 et seq. to operate historical horse
				  racing terminals in a location approved by the commission.
Takeout
-the amount a historical horse racing
				  licensee is authorized to withhold from a pari-mutuel wager. Takeout is also
				  known as a commission.
Terminal
-any self-service totalizator
				  machine or other mechanical or electronic equipment used by a patron to place a
				  pari-mutuel wager on a historical horse race, including hardware, software,
				  communications equipment, and electronic devices that accepts and processes the
				  cashing of wagers, calculates the odds or payouts of the wagers, and records,
				  displays, and stores pari-mutuel wagering information.
Wagering Facility
-the area approved by the
				  commission where historical horsing racing is allowed to be operated.
Wagering Vendor
-a person who is licensed by
				  the commission to manufacture, fabricate, assemble, produce, program,
				  refurbish, or make modifications to any critical component of a historical
				  horse racing system, or associated program storage device for sale, lease,
				  distribution, use or play by an operator in the state of Louisiana, or any
				  supplier of goods or services the commission deems critical to the operation or
				  integrity of a historical horse racing system.