59.1-365 - Definitions.
§ 59.1-365. Definitions.
Unless another meaning is required by the context, thefollowing words shall have the meanings prescribed by this section:
"Advance deposit account wagering" means a method ofpari-mutuel wagering conducted in the Commonwealth that is permissible underthe Interstate Horseracing Act, § 3001 et seq. of Chapter 57 of Title 15 of theUnited States Code, and in which an individual may establish an account with anentity, licensed by the Commission, to place pari-mutuel wagers in person orelectronically.
"Breakage" means the odd cents by which the amountpayable on each dollar wagered exceeds a multiple of $0.10.
"Commission" means the Virginia Racing Commission.
"Dependent" means a son, daughter, father, mother,brother, sister, or other person, whether or not related by blood or marriage,if such person receives from an officer or employee more than one-half of hisfinancial support.
"Drug" shall have the meaning prescribed by §54.1-3401. The Commission shall by regulation define and designate those drugsthe use of which is prohibited or restricted.
"Enclosure" means all areas of the property of atrack to which admission can be obtained only by payment of an admission fee orupon presentation of authorized credentials, and any additional areasdesignated by the Commission.
"Handle" means the total amount of all pari-mutuelwagering sales excluding refunds and cancellations.
"Horse racing" means a competition on a set course involvinga race between horses on which pari-mutuel wagering is permitted.
"Immediate family" means (i) a spouse and (ii) anyother person residing in the same household as an officer or employee, who is adependent of the officer or employee or of whom the officer or employee is adependent.
"Licensee" includes any person holding an owner's,operator's or limited license under §§ 59.1-375 through 59.1-386 of thischapter. The licensee under a limited license shall not be deemed an owner forthe purposes of owning or operating a satellite facility.
"Member" includes any person designated a member ofa nonstock corporation, and any person who by means of a pecuniary or otherinterest in such corporation exercises the power of a member.
"Pari-mutuel wagering" means the system of wageringon horse races in which those who wager on horses that finish in the positionor positions for which wagers are taken share in the total amounts wagered,plus any amounts provided by an unlimited licensee, less deductions required orpermitted by law and includes pari-mutuel wagering on simulcast horse racingoriginating within the Commonwealth or from any other jurisdiction.
"Participant" means any person who (i) has anownership interest in any horse entered to race in the Commonwealth or who actsas the trainer, jockey, or driver of any horse entered to race in theCommonwealth or (ii) takes part in any horse racing subject to the jurisdictionof the Commission or in the conduct of a race meeting or pari-mutuel wagering there,including but not limited to a horse owner, trainer, jockey, or driver, groom,stable foreman, valet, veterinarian, agent, pari-mutuel employee,concessionaire or employee thereof, track employee, or other position theCommission deems necessary to regulate to ensure the integrity of horse racingin Virginia.
"Permit holder" includes any person holding a permitto participate in any horse racing subject to the jurisdiction of theCommission or in the conduct of a race meeting or pari-mutuel wagering thereonas provided in § 59.1-387.
"Person" means any individual, group of individuals,firm, company, corporation, partnership, business, trust, association, or otherlegal entity.
"Pool" means the amount wagered during a racemeeting or during a specified period thereof.
"Principal stockholder" means any person whoindividually or in concert with his spouse and immediate family members,beneficially owns or controls, directly or indirectly, five percent or more ofthe stock of any person which is a licensee, or who in concert with his spouseand immediate family members, has the power to vote or cause the vote of fivepercent or more of any such stock. However, "principal stockholder"shall not include a broker-dealer registered under the Securities Exchange Actof 1934, as amended, which holds in inventory shares for sale on the financialmarkets for a publicly traded corporation holding, directly or indirectly, alicense from the Commission.
"Race meeting" means the whole consecutive period oftime during which horse racing with pari-mutuel wagering is conducted by alicensee.
"Racetrack" means an outdoor course located inVirginia which is laid out for horse racing and is licensed by the Commission.
"Retainage" means the total amount deducted from thepari-mutuel wagering pool for (i) a license fee to the Commission andlocalities, (ii) the unlimited license, (iii) purse money for the participants,(iv) the Virginia Breeders Fund, and (v) certain enumerated organizations asrequired or permitted by law, regulation or contract approved by theCommission.
"Satellite facility" means all areas of the propertyat which simulcast horse racing is received for the purposes of pari-mutuelwagering, and any additional areas designated by the Commission.
"Simulcast horse racing" means the simultaneoustransmission of the audio or video portion, or both, of horse races from alicensed horse racetrack or satellite facility to another licensed horseracetrack or satellite facility, regardless of state of licensure, whether suchraces originate within the Commonwealth or any other jurisdiction, by satellitecommunication devices, television cables, telephone lines, or any other meansfor the purposes of conducting pari-mutuel wagering.
"Steward" means a racing official, duly appointed bythe Commission, with powers and duties prescribed by Commission regulations.
"Stock" includes all classes of stock, partnershipinterest, membership interest, or similar ownership interest of an applicant orlicensee, and any debt or other obligation of such person or an affiliatedperson if the Commission finds that the holder of such interest or stockderives therefrom such control of or voice in the operation of the applicant orlicensee that he should be deemed an owner of stock.
"Virginia Breeders Fund" means the fund establishedto foster the industry of breeding race horses in the Commonwealth of Virginia.
(1988, c. 855; 1991, c. 591; 1992, c. 820; 1996, c. 319; 1998,cc. 608, 619; 2005, c. 700; 2007, c. 757.)