KRS 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 recei pt 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) "Athlete":

(a) Means a professional or amateur competitor in a real -world lawful sporting

event or an organized video game competition that is:

1. Regulated by a sports governing body; and

2. Held between participants who compete individually or as a team; and

(b) Includes equine competitors;

(8) "Charitable gaming" means gaming licensed by the corporation on and after July 1,

2025, as authorized under this chapter and KRS Chapter 238;

(9) "Corporation" means the Kentucky Horse Racing and Gaming Corporation;

(10) "Event contract":

(a) Means an agreement, contract, transaction, or swap in an excluded commodity

based on the occurrence, extent of an occurrence, or contingency, other than a

change in the price, rate, value, or levels of a commodity described in 7

U.S.C. sec. 1a(19)(i), as amended; and

(b) Does not include:

1. Any contract of sale of a commodity for future delivery, i.e., futures, or

any option on such a contract, i.e., options on futures, executed on or

subject to the rules of a designated contract market; or

2. Any swap or derivative based on:

a. An agricultural commodity;

b. An exempt commodity; or

c. Any excluded commodity not subject to paragraph (a) of this

subsection;

as such terms are used and defined in the Commodity Exchange Act, 7

U.S.C. sec. 1a;

(11) "Fantasy contest entry fee" means the cash or cash equivalent that is required to be

paid by a fantasy contest participant in advance to a fantasy contest service provider

in order to participate in a fantasy contest;

(12) "Fantasy contest":

(a) Means any online fantasy or simulated game or contest that meets the

following conditions:

1. a. There are no fewer than two (2) fantasy contest participants.

b. i. All fantasy contest participants are natural persons; and

ii. A fantasy contest service provider sha ll not be construed to

be a participant;

2. a. The values of all prizes offered to winning fantasy contest

participants are established and made known to fantasy contest

participants in advance of the contest.

b. Multiple winning participants may share a prize.

c. Prizes may consist of fixed amounts, tiered payouts, or other

conditional bonus payouts, provided that all prize structures are

disclosed in advance by the fantasy contest service provider;

3. All winning outcomes reflect the relative knowledge and skill of the

fantasy contest participant and are determined predominantly by the

accumulated statistical performance or finishing position of multiple

athletes across one (1) or more real-world sporting events;

4. Fantasy contest participants assemble a fictional entry or roster of actual

athletes and exercise management or selection control over the roster;

5. Fantasy contest participants compete for prizes awarded by a fantasy

contest service provider based on terms and conditions published by the

fantasy contest service provider and made known to the fantasy contest

participant in advance of the contest;

6. Winning outcomes are determined by clearly established scoring criteria

based on one (1) or more statisti cal results of the performance of an

individual athlete, including but not limited to a fantasy score;

7. A winning outcome is not based:

a. On the score, point spread, or outcome of a single real -world team

or combination of teams; or

b. Solely on any sin gle performance of an individual athlete or

participant in any single actual event; and

8. The game or contest does not violate any provision of federal law;

(b) Includes contests in which fantasy contest participants compete against each

other; and

(c) Does not include any fantasy contest:

1. Without a fantasy contest entry fee; or

2. Betting against the fantasy contest service provider;

(13) "Fantasy contest service provider":

(a) Means a person or entity that offers fantasy contests to the general public; and

(b) Does not include an internet service provider or a provider of mobile data

services merely as a result of that provider's transporting of general traffic that

may include a fantasy contest;

(14) "Fantasy contest participant" means any individual physically present in the

Commonwealth who participates in a fantasy contest offered by a fantasy contest

service provider;

(15) "Fixed-odds wagering" means a form of betting in which the payout odds are set

and agreed upon at the time the wager is placed and those odds do not change,

regardless of subsequent market movement or betting activity, except that the

bookmaker may apply Tattersalls rules to ensure fair settlement;

(16) "Geofence" means a virtual geographic boundary defined by Global Positioning

System (GPS) or Radio Frequency Identification (RFID) technology;

(17) "Harness race" or "harness racing" means trotting and pacing races of the

standardbred horses;

(18) "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;

(19) "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;

(20) "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;

(21) "Intertrack wagering" means pari -mutuel wagering on simulcast horse races from a

host track by patrons at a receiving track;

(22) "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. T he purse program shall be administered by the Kentucky

Horse Racing and Gaming Corporation;

(23) "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;

(24) "Kentucky resident" means:

(a) An individual domiciled within this state;

(b) An individual who maintains a plac e 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 accou nt to participate in advance deposit

account wagering;

(25) "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;

(26) "Licensed premises" means a track or simulcast facility licensed by the corporation

under this chapter;

(27) "Paint horse" means a horse registered with the American Paint Horse Association

of Fort Worth, Texas;

(28) "Pari-mutuel wagering," "pari -mutuel system of wagering," or "m utuel 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 de ductions required, as approved by the corporation and

permitted by law. Pools may be paid out incrementally over time as approved by

the corporation;

(29) "Person" means an individual, sole proprietorship, partnership, association,

fiduciary, corporation, limited liability company, or any other business entity;

(30) "Prediction market":

(a) Means:

1. Any physical or electronic platform through which a consumer may buy,

sell, or exchange event contracts, whether the market is located in or out

of the state; or

2. Any platform or system that provides consumers with the ability to open

speculative positions on the outcomes of future events; and

(b) May be a board of trade designated as a contract market by the Commodity

Futures Trading Commission;

(31) "President" means the president of the Kentucky Horse Racing and Gaming

Corporation, who shall serve as chief executive officer of the corporation;

(32) "Principal" means any of the following individuals associated with a partnership,

trust, association, limited l iability 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 respon sibility 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;

(33) "Prohibited participant" means:

(a) A person who has self-excluded under KRS 230.848;

(b) An athlete, coach, referee or other officiant, trainer, team staff, or other active

participant in the sporting event or competition when the fantasy contest entry

includes athlete selections from a sporting event overseen by the same

governing body which oversees the athlete, coach, referee or other officiant,

trainer, or team staff in question;

(c) Any individual participating in a fantasy contest on behalf of another;

(d) Any restricted participant participating in violation of their restrictions; or

(e) Any voluntarily or involuntarily excluded person;

(34) "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;

(35) "Quarter horse" means a horse that is registered with the American Quarter Horse

Association of Amarillo, Texas;

(36) "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;

(37) "Restricted participant":

(a) Means an individual that is restricted from participating in fantasy contests:

1. Where the individual's profession or relationship gives the individual

access to nonpublic information that could affect the outcome of a

fantasy contest; or

2. For any reason the individual may have access to nonpublic information

that could affect the outcome of a fantasy contest;

(b) Includes the following professions or relationships:

1. Players;

2. Coaches;

3. Referees, umpires, judges, or other officiants involved in enforcing the

rules of the game;

4. Spouses and close family members of persons included in

subparagraphs 1. to 3. of this paragraph; and

5. Owners or shareholders of more than five percent (5%) interest in

professional sports teams who might have influence over players and

coaches through the ability to hire or fire; and

(c) Also includes any other persons identified by the corporation as restrict ed

participants;

(38) "Simulcast facility" means any facility approved pursuant to KRS 230.380 to

simulcast live racing and conduct pari-mutuel wagering on live racing;

(39) "Simulcasting" means the telecast of live audio and visual signals of horse races for

the purpose of pari-mutuel wagering;

(40) "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 inc lude amateur youth sports or athletic

events in which the majority of participants are under the age of eighteen (18) years

or the outcome of any local, state, or federal election;

(41) "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;

(42) "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;

(43) "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 dev ice used in

connection with sports wagering not conducted at a licensed facility for sports

wagering;

(44) "Sports wagering service provider" or "service provider" means a person authorized

to conduct or manage sports wagering through an agreement with a t rack and

provide these services at a licensed facility for sports wagering, simulcast facility,

or through a website or mobile interface approved by the corporation;

(45) "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;

(46) "Thoroughbred race" or "Thoroughbred racing" means a form of horse racing in

which each horse participating in the race is a Thoroughbred, (e.g., meeting the

requirements of and registered with The Jockey Club of New York) and is mounted

by a jockey;

(47) "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 Ini tial/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 race track

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 f acility agrees

in writing to permit a noncontiguous facility within the protected

geographic area;

(48) "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 p resumed abandoned under KRS

230.361; and

(b) Includes proof of wagers from live racing and simulcasting; and

(49) "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 rela ted 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.