§ 11-25-102 — Definitions

(a) As used in this act:
(i) "Breeder award" means monies collected pursuant
to W.S. 11-25-201(j) and distributed by the commission to
promote the improved breeding and development of the horse
industry in Wyoming. Breeder awards may include purse
enhancement of Wyoming bred races;
(ii) "Commission" means the Wyoming gaming
commission;
(iii) "Drug" means any substance foreign to a horse's
body as prescribed by the commission;
(iv) "Event" means a pari-mutuel event;
(v) "Pari-mutuel event" means the events which are
authorized by the commission for the conduct of horse racing (to
include quarter horse, thoroughbred or other approved races),
harness racing, cutter racing, chariot racing, chuckwagon
racing, professional roping and rodeo events and simulcasting of
dog racing and the events described in this paragraph as
prescribed by the commission. Notwithstanding W.S. 6-7-
101(a)(iv) and 11-25-203, the commission may authorize and
promulgate rules providing for pari-mutuel wagering on events
that have previously occurred, utilizing an electronic system or
device that affords an opportunity for the exercise of skill or
judgment where the outcome is not completely controlled by
chance alone;
(vi) "Pari-mutuel wagering" means wagering on the
outcome of pari-mutuel events in which those who wager purchase
tickets of various denominations on entrants in the events and
all wagers for each event are pooled and held by the permittee
for distribution, and when the outcome of the event has been
decided, the permittee distributes the total wagers comprising
the pool, less an amount not greater than twenty-five and nine-
tenths percent (25.90%) for live racing and in the event of
simulcasting an amount not to exceed the percentage allowed at
the host track or thirty-five percent (35%), whichever is less
and less the amount for breakage to holders of tickets on the
winning entries;
(vii) "Simulcasting" means the sale of pari-mutuel
pools electronically transmitted live or historic on interstate
or intrastate pari-mutuel events as prescribed by the
commission. The commission shall authorize simulcasting subject
to the following conditions:
(A) Simulcasting may be conducted only by a
holder of a permit to simulcast issued under this act. The
permit shall be authorized by the commission for a period not to
exceed three (3) years from the date of issuance. The
commissioners shall issue a simulcast permit only to an
applicant authorized under this act to conduct a pari-mutuel
event other than simulcasting;
(B) Simulcasting may be conducted off the
permitted premises only if the board of county commissioners of
the county in which such simulcasting will be conducted grant
[grants] its approval;
(C) No simulcasting may be conducted within one
hundred (100) miles of any premises permitted under this act,
except that the commission may waive the one hundred (100) mile
limitation if the simulcast permit application includes written
approval from the permittee whose permitted premises is within
the one hundred (100) mile limitation;
(D) The commission shall promulgate rules for
conducting simulcasting as are reasonably necessary to protect
the public interest.
(viii) "This act" means W.S. 11-25-101 through 11-25-
306;
(ix) "Multiple wagering" means wagers which consist
of a single betting interest on two (2) entries;
(x) "Exotic wagering" means wagers which consist of a
single betting interest on three (3) or more entries;
(xi) "Advance deposit pari-mutuel wager" means a
wager in which a person who has opened an account in advance
with a licensee can place wagers from this account in person, by
telephone or other electronic means;
(xii) "Horsemen's association" means the association
that represents the majority of the owners and trainers licensed
by the commission to race horses at an event;
(xiii) "Out-of-state simulcast facility" means a
track or other facility, located within a jurisdiction other
than Wyoming, at which pari-mutuel wagers are placed, accepted
or distributed, either in person or electronically, on simulcast
races pursuant to proper authorization under the laws of that
jurisdiction;
(xiv) "Source market fee" means a license fee,
assessed by the commission pursuant to W.S. 11-25-201(m),
payable by out-of-state simulcast facilities that conduct pari-
mutuel wagering on simulcast races and that accept wagers from
Wyoming residents by telephone or other electronic means at
those facilities;
(xv) "Net proceeds" means all revenue less the
payment to the player;
(xvi) "Establishment" means a single physical place
of business that operates as a truck stop, smoke shop or that is
licensed or permitted to sell alcoholic liquor or malt beverages
under W.S. 12-2-203(g), 12-4-201, 12-4-301, 12-4-401, 12-4-407,
12-4-413, 12-4-414 or 12-4-415;
(xvii) "Operator" means a person who possesses and
operates an establishment where skill based amusement games may
be played for profit;
(xviii) "Skill" means a player's knowledge, dexterity
or any other ability or expertise relevant to game play;
(xix) "Skill based amusement game" means a game
played in exchange for consideration of cash, credit or other
thing of value on a fixed, commercial electrical gaming device
in which the bona fide skill of the player, determined by an
individual's level of strategy and skill, rather than any
inherent element of chance, is the primary factor in determining
the outcome and for which the player may be awarded a prize or
other thing of value for a successful outcome. "Skill based
amusement game" shall not include any game played for prizes of
nominal value as provided by rule of the commission;
(xx) "Vendor" means a person who owns and distributes
a skill based amusement game to an operator for profit;
(xxi) "Truck stop" means a business premises that is:
(A) Equipped with diesel islands used for
fueling commercial motor vehicles and that sells on average one
hundred twenty-five thousand (125,000) gallons of diesel or
biodiesel fuel each month based on the previous twelve (12)
months of sales; and
(B) Located on a parcel of land of not less than
two (2) acres that is either owned or leased by the business and
which includes a convenience store with parking spaces dedicated
to commercial motor vehicle use.
(xxii) "Smoke shop" means a retailer as defined in
W.S. 14-3-301(a)(iii) that derives fifty percent (50%) or more
of its gross annual revenue from nicotine products as defined by
W.S. 14-3-301(a)(vi).