Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 85 - Gaming Machine Specifications and Use and Operation Requirements › Subchapter 1 - General Provisions › Section 325:85-1-2 - 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 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.
Added at 23 Ok Reg 1160,
				  eff 4-6-05 (emergency); Added at 23 Ok Reg 2089, eff 5-11-06 (emergency); Added
				  at 23 Ok Reg 2613, eff 6-25-06