As used in this article 32, unless the context
otherwise requires:
(1) Applicant means an individual applying for a license, permit, or
registration or the renewal of a license, permit, or registration granted by the
division pursuant to this article 32.
(1.5) Breakage means the odd cents by which the amount payable on each
dollar wagered in a pari-mutuel pool exceeds a multiple of ten cents.
(2) (a) Class A track means a track, located within the state of Colorado, at
which a race meet of horses is conducted and that is not a class B track.
(b) Class A track includes a reopening class A track that has not run a meet
within the past three years. Such class A track may begin to operate as a simulcast
facility after the commission has approved its application for simulcasting and its
application for race dates to hold a race meet within the following twelve months.
Applications submitted to the commission shall include a provision for the
establishment of a purse fund that complies with this article 32 and the rules of the
commission.
(3) Class B track means a track, located within the state of Colorado, at
which a race meet of horses, consisting of thirty or more race days, is being
conducted or was being conducted during the immediately preceding twelve
months.
(4) Commission means the Colorado racing commission created in part 3 of
this article 32.
(5) Repealed.
(6) Director means the director of the division of racing events.
(7) Division means the division of racing events created in part 2 of this
article 32.
(8) Horse track means either a class A track or a class B track.
(9) Host track means either an in-state host track or an out-of-state host
track.
(10) In-state host track means a track, located within the state of Colorado,
at which a race meet of horses is conducted.
(11) (a) In-state simulcast facility means:
(I) A class A or class B horse track at which a licensee has held within the
preceding twelve months or is licensed and scheduled to hold within the following
twelve months a race meet of at least the duration required of a class A or class B
track for the purpose of handling pari-mutuel wagers as authorized by this article
32; or
(II) An additional facility that is operated by and is the responsibility of the
licensee of a class B horse track, located in Colorado, and used for the handling of
wagers placed on simulcast races received by the track or facility. The number of
additional facilities cannot exceed the total number of facilities licensed to hold a
race meet in 2003 plus one additional facility per licensee as authorized under this
article 32.
(b) If an additional facility is jointly owned or operated as a simulcast facility
by two or more licensees, the additional facility shall be deemed to be one of the
additional simulcast facilities of only one of the licensees, as designated in writing
to the commission.
(c) The commission, for good cause, may grant a licensed class A horse track
permission to receive simulcast races at an alternate location within five miles of its
track during the times when the track is not in operation.
(12) Interstate common pool means a pari-mutuel pool established at one
location, usually but not necessarily at a host track, within which pool are combined
comparable pari-mutuel pools of one or more simulcast facilities upon a race run at
the host track for purposes of establishing payoff prices in the various states. There
may be simulcast facilities in more than one state simultaneously combining pari-mutuel pools into the common pool of the host track. Where permitted by the laws
and rules of the states in which the host track and the simulcast facilities are
located and with the concurrence of the host track, the combined pari-mutuel pool
may be established on a regional or other basis between two or more simulcast
facilities and need not involve a merger into the host track's pari-mutuel pool. In
such instances, one of the simulcast facilities shall serve as if it were the host track
for the purposes of holding the common pool and calculating payoffs. The
interstate common pool shall be as specified in the written simulcast racing
agreement between the host track and the person operating the simulcast facility
receiving the simulcast races.
(13) Intrastate common pool means a pari-mutuel pool, established for an
in-state host track, that includes wagers made at the in-state host track as well as
wagers made at in-state simulcast facilities on simulcast races of live races run at
the in-state host track.
(13.3) Key occupational license means a license issued by the division
required for an individual who exercises significant influence over decisions
affecting a business licensed with the commission pursuant to section 44-32-504.
(13.7) License means a license granted by the division pursuant to this
article 32.
(14) Licensee means any person holding a current, valid race meet license
issued pursuant to section 44-32-505 and any person holding a current, valid
license or registration issued by the commission pursuant to sections 44-32-503
and 44-32-504. The commission, by rule, shall determine which occupational
categories shall be licensed and which shall be registered. Except in connection
with the licensing of race meets, the term license includes a registration and
applicant includes an applicant for a registration.
(15) Out-of-state host track means a track, located within a state other
than Colorado, that is licensed or otherwise properly authorized under the laws of
the state to conduct live races of horses and to broadcast the races as simulcast
races and that broadcasts the simulcast races to an in-state simulcast facility.
(16) Out-of-state simulcast facility means a track or other facility, located
within a jurisdiction other than Colorado, at which pari-mutuel wagers are placed or
accepted, either in person or electronically, on simulcast races pursuant to proper
authorization under the laws of the jurisdiction.
(17) Pari-mutuel pool means a wagering pool into which pari-mutuel
wagers on a live race or on a simulcast race are taken.
(18) Pari-mutuel wagering means a form of wagering on the outcome of
horse races in which those who wager purchase tickets of various denominations on
one or more horses from one or more pools and all like wagers from each race are
pooled and the winning ticket holders are paid prizes from the pool in amounts
proportional to the total receipts in the pool minus deductions authorized by
statute.
(19) Person means any individual, partnership, firm, corporation, or
association.
(20) Race meet means any live exhibition of racing involving horses
registered within their breed, conducted at a track located within the state of
Colorado and operated by a licensee under a license granted pursuant to section
44-32-505, where the pari-mutuel system of wagering is used.
(21) Simulcast facility means either an in-state simulcast facility or an out-of-state simulcast facility.
(22) Simulcast race means a live, audio-visual broadcast that is:
(a) Transmitted simultaneously with either:
(I) The performance of a live race of horses by an out-of-state host track; or
(II) The performance of a live race of horses by an in-state host track; and
(b) Received by a simulcast facility.
(23) Source market fee means a licensing fee, assessed by the director
pursuant to section 44-32-202 (3)(h), in lieu of taxes and fees otherwise payable
under this article 32, payable by persons outside of Colorado who conduct pari-mutuel wagering on simulcast races and who accept wagers from Colorado
residents at out-of-state simulcast facilities.
(23.5) Support occupational license means a license issued by the division
required for an individual regulated by the division who is not subject to a key
occupational license or an occupational registration license.
(24) Track or racetrack means a track that is located within the state of
Colorado and at which a race meet of horses is conducted under a license granted
pursuant to section 44-32-505.