{"data":{"id":"us-ky/krs-230.210","jurisdiction":"us-ky","citation":"KRS 230.210","heading":"Definitions for chapter.","body":"As used in this chapter, unless the context requires otherwise:\n(1) \"Advance deposit account wagering\" means a form of pari -mutuel wagering in\nwhich an individual may establish an account with a person or entity licensed by the\ncorporation, and may place a  pari-mutuel wager through that account that is\npermitted by law;\n(2) \"Advance deposit account wagering licensee\" means a person or entity licensed by\nthe corporation to conduct advance deposit account wagering and accept deposits\nand wagers, issue a recei pt or other confirmation to the account holder evidencing\nsuch deposits and wagers, and transfer credits and debits to and from accounts;\n(3) \"Amateur youth sporting event\" means any sporting event in which an individual:\n(a) Shall be less than eighteen (18) years of age to participate; and\n(b) Is prohibited, as a condition of participating in the sporting event, from\nreceiving direct or indirect compensation for the use of the individual's\nathletic skill in any manner with respect to the sport in which the  particular\nsporting event is conducted;\n(4) \"Appaloosa race\" or \"Appaloosa racing\" means that form of horse racing in which\neach horse participating in the race is registered with the Appaloosa Horse Club of\nMoscow, Idaho, and is mounted by a jockey;\n(5) \"Arabian\" means a horse that is registered with the Arabian Horse Registry of\nDenver, Colorado;\n(6) \"Association\" means any person licensed by the Kentucky Horse Racing and\nGaming Corporation under KRS 230.300 and engaged in the conduct of a\nrecognized horse race meeting;\n(7) \"Athlete\":\n(a) Means a professional or amateur competitor in a real -world lawful sporting\nevent or an organized video game competition that is:\n1. Regulated by a sports governing body; and\n2. Held between participants who compete individually or as a team; and\n(b) Includes equine competitors;\n(8) \"Charitable gaming\" means gaming licensed by the corporation on and after July 1,\n2025, as authorized under this chapter and KRS Chapter 238;\n(9) \"Corporation\" means the Kentucky Horse Racing and Gaming Corporation;\n(10) \"Event contract\":\n(a) Means an agreement, contract, transaction, or swap in an excluded commodity\nbased on the occurrence, extent of an occurrence, or contingency, other than a\nchange in the price, rate, value, or levels of a commodity described in 7\nU.S.C. sec. 1a(19)(i), as amended; and\n(b) Does not include:\n1. Any contract of sale of a commodity for future delivery, i.e., futures, or\nany option on such a contract, i.e., options on futures, executed on or\nsubject to the rules of a designated contract market; or\n2. Any swap or derivative based on:\na. An agricultural commodity;\nb. An exempt commodity; or\nc. Any excluded commodity not subject to paragraph (a) of this\nsubsection;\nas such terms are used and defined in the Commodity Exchange Act, 7\nU.S.C. sec. 1a;\n(11) \"Fantasy contest entry fee\" means the cash or cash equivalent that is required to be\npaid by a fantasy contest participant in advance to a fantasy contest service provider\nin order to participate in a fantasy contest;\n(12) \"Fantasy contest\":\n(a) Means any  online fantasy or simulated game or contest that meets the\nfollowing conditions:\n1. a. There are no fewer than two (2) fantasy contest participants.\nb. i. All fantasy contest participants are natural persons; and\nii. A fantasy contest service provider sha ll not be construed to\nbe a participant;\n2. a. The values of all prizes offered to winning fantasy contest\nparticipants are established and made known to fantasy contest\nparticipants in advance of the contest.\nb. Multiple winning participants may share a prize.\nc. Prizes may consist of fixed amounts, tiered payouts, or other\nconditional bonus payouts, provided that all prize structures are\ndisclosed in advance by the fantasy contest service provider;\n3. All winning  outcomes reflect the relative knowledge and skill of the\nfantasy contest participant and are determined predominantly by the\naccumulated statistical performance or finishing position of multiple\nathletes across one (1) or more real-world sporting events;\n4. Fantasy contest participants assemble a fictional entry or roster of actual\nathletes and exercise management or selection control over the roster;\n5. Fantasy contest participants compete for prizes awarded by a fantasy\ncontest service provider based on terms and conditions published by the\nfantasy contest service provider and made known to the fantasy contest\nparticipant in advance of the contest;\n6. Winning outcomes are determined by clearly established scoring criteria\nbased on one (1) or more statisti cal results of the performance of an\nindividual athlete, including but not limited to a fantasy score;\n7. A winning outcome is not based:\na. On the score, point spread, or outcome of a single real -world team\nor combination of teams; or\nb. Solely on any sin gle performance of an individual athlete or\nparticipant in any single actual event; and\n8. The game or contest does not violate any provision of federal law;\n(b) Includes contests in which fantasy contest participants compete against each\nother; and\n(c) Does not include any fantasy contest:\n1. Without a fantasy contest entry fee; or\n2. Betting against the fantasy contest service provider;\n(13) \"Fantasy contest service provider\":\n(a) Means a person or entity that offers fantasy contests to the general public; and\n(b) Does not include an internet service provider or a provider of mobile data\nservices merely as a result of that provider's transporting of general traffic that\nmay include a fantasy contest;\n(14) \"Fantasy contest participant\" means any individual physically present in the\nCommonwealth who participates in a fantasy contest offered by a fantasy contest\nservice provider;\n(15) \"Fixed-odds wagering\" means a form of betting in which the payout odds are set\nand agreed upon at the time the wager is placed and those odds do not change,\nregardless of subsequent market movement or betting activity, except that the\nbookmaker may apply Tattersalls rules to ensure fair settlement;\n(16) \"Geofence\" means a virtual geographic boundary defined by Global Positioning\nSystem (GPS) or Radio Frequency Identification (RFID) technology;\n(17) \"Harness race\" or \"harness racing\" means trotting and pacing races of the\nstandardbred horses;\n(18) \"Horse race meeting\" means horse racing run at an association licensed and\nregulated by the Kentucky Horse Racing and Gaming Corporation, and may include\nThoroughbred, harness, Appaloosa, Arabian, paint, and quarter horse racing;\n(19) \"Host track\" means the track conducting racing and offering its racing for intertrack\nwagering, or, in the case of interstate wagering, means the Kentucky track\nconducting racing and offering simulcasts of races conducted in other states or\nforeign countries;\n(20) \"Interstate wagering\" means pari -mutuel wagering on simulcast horse races from a\ntrack located in another state or foreign country by patrons at a receiving track or\nsimulcast facility;\n(21) \"Intertrack wagering\" means pari -mutuel wagering on simulcast horse races from a\nhost track by patrons at a receiving track;\n(22) \"Kentucky paint horse, Appaloosa, and Arabian purse fund\" means a purse fund\nestablished to receive funds as specified in KRS 230.3771 for purse programs\nestablished in KRS 230.446 to supplement purses for paint horse, Appaloosa, and\nArabian horse races. T he purse program shall be administered by the Kentucky\nHorse Racing and Gaming Corporation;\n(23) \"Kentucky quarter horse purse fund\" means a purse fund established to receive\nfunds as specified in KRS 230.3771 for purse programs established in KRS 230.407\nto supplement purses for quarter horse races. The purse program shall be\nadministered by the Kentucky Horse Racing and Gaming Corporation;\n(24) \"Kentucky resident\" means:\n(a) An individual domiciled within this state;\n(b) An individual who maintains a plac e of abode in this state and spends, in the\naggregate, more than one hundred eighty-three (183) days of the calendar year\nin this state; or\n(c) An individual who lists a Kentucky address as his or her principal place of\nresidence when applying for an accou nt to participate in advance deposit\naccount wagering;\n(25) \"Licensed facility for sports wagering\" means the designated areas to conduct\nsports wagering for a track licensed to conduct sports wagering pursuant to KRS\n230.811;\n(26) \"Licensed premises\" means a track or simulcast facility licensed by the corporation\nunder this chapter;\n(27) \"Paint horse\" means a horse registered with the American Paint Horse Association\nof Fort Worth, Texas;\n(28) \"Pari-mutuel wagering,\" \"pari -mutuel system of wagering,\" or \"m utuel wagering\"\neach means any method of wagering previously or hereafter approved by the\ncorporation in which one (1) or more patrons wager on a horse race or races,\nwhether live, simulcast, or previously run. Wagers shall be placed in one (1) or\nmore wagering pools, and wagers on different races or sets of races may be pooled\ntogether. Patrons may establish odds or payouts, and winning patrons share in\namounts wagered including any carryover amounts, plus any amounts provided by\nan association less any de ductions required, as approved by the corporation and\npermitted by law. Pools may be paid out incrementally over time as approved by\nthe corporation;\n(29) \"Person\" means an individual, sole proprietorship, partnership, association,\nfiduciary, corporation, limited liability company, or any other business entity;\n(30) \"Prediction market\":\n(a) Means:\n1. Any physical or electronic platform through which a consumer may buy,\nsell, or exchange event contracts, whether the market is located in or out\nof the state; or\n2. Any platform or system that provides consumers with the ability to open\nspeculative positions on the outcomes of future events; and\n(b) May be a board of trade designated as a contract market by the Commodity\nFutures Trading Commission;\n(31) \"President\" means the president of the Kentucky Horse Racing and Gaming\nCorporation, who shall serve as chief executive officer of the corporation;\n(32) \"Principal\" means any of the following individuals associated with a partnership,\ntrust, association, limited l iability company, or corporation that is licensed to\nconduct a horse race meeting or an applicant for a license to conduct a horse race\nmeeting:\n(a) The chairman and all members of the board of directors of a corporation;\n(b) All partners of a partnership and all participating members of a limited\nliability company;\n(c) All trustees and trust beneficiaries of an association;\n(d) The president or chief executive officer and all other officers, managers, and\nemployees who have policymaking or fiduciary respon sibility within the\norganization;\n(e) All stockholders or other individuals who own, hold, or control, either directly\nor indirectly, five percent (5%) or more of stock or financial interest in the\ncollective organization; and\n(f) Any other employee, agent , guardian, personal representative, or lender or\nholder of indebtedness who has the power to exercise a significant influence\nover the applicant's or licensee's operation;\n(33) \"Prohibited participant\" means:\n(a) A person who has self-excluded under KRS 230.848;\n(b) An athlete, coach, referee or other officiant, trainer, team staff, or other active\nparticipant in the sporting event or competition when the fantasy contest entry\nincludes athlete selections from a sporting event overseen by the same\ngoverning body which oversees the athlete, coach, referee or other officiant,\ntrainer, or team staff in question;\n(c) Any individual participating in a fantasy contest on behalf of another;\n(d) Any restricted participant participating in violation of their restrictions; or\n(e) Any voluntarily or involuntarily excluded person;\n(34) \"Proof of wagers\" includes any paper, card, certificate, token, or ticket, which\nindicates the details of one (1) or more pari-mutuel wagers that were placed and, if\nsuch wagers are successful, that winnings are due to the ticket holder from the\ntrack;\n(35) \"Quarter horse\" means a horse that is registered with the American Quarter Horse\nAssociation of Amarillo, Texas;\n(36) \"Receiving track\" means a track where simulcasts are displayed for wagering\npurposes. A track that submits an application for intertrack wagering shall meet all\nthe regulatory criteria for granting an association license of the same breed as the\nhost track, and shall have a heated and air -conditioned facility that meets all state\nand local life safety code requirements and seats a number of patrons at least equal\nto the average daily attendance for intertrack wagering on the requested breed in the\ncounty in which the track is located during the immediately preceding calendar\nyear;\n(37) \"Restricted participant\":\n(a) Means an individual that is restricted from participating in fantasy contests:\n1. Where the individual's profession or relationship gives the individual\naccess to nonpublic information that could affect the outcome of a\nfantasy contest; or\n2. For any reason the individual may have access to nonpublic information\nthat could affect the outcome of a fantasy contest;\n(b) Includes the following professions or relationships:\n1. Players;\n2. Coaches;\n3. Referees, umpires, judges, or other officiants involved in enforcing the\nrules of the game;\n4. Spouses and close family members of persons included in\nsubparagraphs 1. to 3. of this paragraph; and\n5. Owners or shareholders of more than five percent (5%) interest in\nprofessional sports teams who might have influence over players and\ncoaches through the ability to hire or fire; and\n(c) Also includes any other persons identified by the corporation as restrict ed\nparticipants;\n(38) \"Simulcast facility\" means any facility approved pursuant to KRS 230.380 to\nsimulcast live racing and conduct pari-mutuel wagering on live racing;\n(39) \"Simulcasting\" means the telecast of live audio and visual signals of horse races for\nthe purpose of pari-mutuel wagering;\n(40) \"Sporting event\" means an event at which two (2) or more persons participate in\nathletic contests, or an event that takes place in relation to athletic contests as\napproved by the corporation, but shall not inc lude amateur youth sports or athletic\nevents in which the majority of participants are under the age of eighteen (18) years\nor the outcome of any local, state, or federal election;\n(41) \"Sports governing body\" means the organization, league, or association  that\noversees a sport, prescribes final rules, and enforces codes of conduct with respect\nto such sport and participants therein;\n(42) \"Sports wagering\" means the wagering conducted under this chapter on sporting\nevents or portions of sporting events, or on the individual performance statistics of\nathletes in a sporting event or combination of sporting events, in conformance with\nfederal law and as authorized by the corporation pursuant to this chapter;\n(43) \"Sports wagering device\":\n(a) Means a mechanical , electrical, or computerized contrivance, terminal,\ndevice, apparatus, software, piece of equipment, or supply approved by the\ncorporation for conducting sports wagering under this chapter; and\n(b) Includes a personal computer, mobile device, or other dev ice used in\nconnection with sports wagering not conducted at a licensed facility for sports\nwagering;\n(44) \"Sports wagering service provider\" or \"service provider\" means a person authorized\nto conduct or manage sports wagering through an agreement with a t rack and\nprovide these services at a licensed facility for sports wagering, simulcast facility,\nor through a website or mobile interface approved by the corporation;\n(45) \"Telephone account wagering\" means a form of pari -mutuel wagering where an\nindividual may deposit money in an account at a track and may place a wager by\ndirect telephone call or by communication through other electronic media owned by\nthe holder of the account to the track;\n(46) \"Thoroughbred race\" or \"Thoroughbred racing\" means a form of horse racing in\nwhich each horse participating in the race is a Thoroughbred, (e.g., meeting the\nrequirements of and registered with The Jockey Club of New York) and is mounted\nby a jockey;\n(47) \"Track\" means any association duly licensed by the Kentucky Horse Racing and\nGaming Corporation to conduct horse racing and includes:\n(a) For facilities in operation as of 2010, the location and physical plant described\nin the \"Commonwealth of Kentucky Ini tial/Renewal Application for License\nto Conduct Live Horse Racing, Simulcasting, and Pari -Mutuel Wagering,\"\nfiled for racing to be conducted in 2010;\n(b) Real property of an association, if the association received or receives\napproval from the corporation after 2010 for a location at which live racing is\nto be conducted; or\n(c) One (1) facility or real property that is:\n1. Owned, leased, or purchased by an association within a sixty (60) mile\nradius of the association's racetrack but not contiguous to race track\npremises, upon corporation approval; and\n2. Not within a sixty (60) mile radius of another licensed track premise\nwhere live racing is conducted and not within a forty (40) mile radius of\na simulcast facility, unless any affected track or simulcast f acility agrees\nin writing to permit a noncontiguous facility within the protected\ngeographic area;\n(48) \"Unclaimed pari-mutuel winning ticket\":\n(a) Means the proof of wager that would require payment of winnings upon\nsubmission to the track, but has been p resumed abandoned under KRS\n230.361; and\n(b) Includes proof of wagers from live racing and simulcasting; and\n(49) \"Unredeemed pari-mutuel voucher\":\n(a) Means a voucher issued by a licensed track that evidences the value of funds\nor credits available that a  patron may use for placing pari -mutuel wagers on\nlive or previously run horse races, or which the patron may redeem for cash,\nbut has been presumed abandoned under KRS 230.361; and\n(b) Does not include:\n1. Any proof of wagers or any other information rela ted to specific wagers\nplaced on live or historical horse racing; or\n2. Any vouchers that were voluntarily surrendered for donation to charity\nor similar purposes.","path":["KRS Chapter 230"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58089","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:46Z","sha256":"95f222b7b2ee683e19b1238d4223697ce736ca39f4c3136d30a0cce89b39d897","source_id":"us-ky","stale":false,"prev":"us-ky/krs-230.170","next":"us-ky/krs-230.215"},"notice":"GroundRules: Original legal text. Not legal advice."}