Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 80 - Gaming Licensing Requirements › Subchapter 1 - General Provisions › Section 325:80-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
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.
Added at 23 Ok Reg 1150,
				  eff 4-6-05 (emergency); Added at 23 Ok Reg 2079, eff 5-11-06 (emergency); Added
				  at 23 Ok Reg 2602, eff 6-25-06