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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>63550</law_id><section_number>59.1-365</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>18.2-326</reference><reference>3.2-6201</reference><reference>58.1-4015.1</reference><reference>58.1-4030</reference><reference>58.1-4103</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="59.1">Trade and Commerce</unit><unit label="chapter" level="2" order_by="1" identifier="29">Horse Racing and Pari-Mutuel Wagering</unit><unit label="article" level="3" order_by="1" identifier="1">Virginia Racing Commission</unit></structure><text>
						<section><p>As used in this chapter, unless the context requires a different meaning:
		&#x201C;<span class="dictionary">Advance deposit account wagering</span>&#x201D; means a method of <span class="dictionary">pari-mutuel wagering</span> conducted in the Commonwealth that is permissible under the Interstate Horseracing Act, &#xA7;&#xA0;3001 et seq. of Chapter 57 of Title 15 of the United States Code, and in which an individual may establish an account with an entity, licensed by the <span class="dictionary">Commission</span>, to place pari-mutuel wagers in <span class="dictionary">person</span> or electronically.
		&#x201C;<span class="dictionary">Breakage</span>&#x201D; means the odd cents by which the amount payable on each dollar wagered exceeds a multiple of $0.10.
		&#x201C;<span class="dictionary">Commission</span>&#x201D; means the Virginia Racing <span class="dictionary">Commission</span>.
		&#x201C;<span class="dictionary">Dependent</span>&#x201D; means a son, daughter, father, mother, brother, sister, or other <span class="dictionary">person</span>, whether or not related by blood or marriage, if such <span class="dictionary">person</span> receives from an officer or employee more than one-half of his financial support.
		&#x201C;Drug&#x201D; shall have the meaning prescribed by &#xA7;&#xA0;<a class="law" title="Definitions" href="/54.1-3401/">54.1-3401</a>. The <span class="dictionary">Commission</span> shall by regulation define and designate those drugs the use of which is prohibited or restricted.
		&#x201C;<span class="dictionary">Enclosure</span>&#x201D; means all areas of the property of a track to which admission can be obtained only by payment of an admission fee or upon presentation of authorized credentials, and any additional areas designated by the <span class="dictionary">Commission</span>.
		&#x201C;<span class="dictionary">Handle</span>&#x201D; means the total amount of all <span class="dictionary">pari-mutuel wagering</span> sales excluding refunds and cancellations.
		&#x201C;<span class="dictionary">Historical horse racing</span>&#x201D; means a form of horse racing that creates pari-mutuel <span class="dictionary">pools</span> from wagers placed on previously conducted horse races and is hosted at (i) a <span class="dictionary">racetrack</span> owned or operated by a <span class="dictionary">significant infrastructure limited licensee</span> or (ii) a <span class="dictionary">satellite facility</span> that is owned or operated by (a) a <span class="dictionary">significant infrastructure limited licensee</span> or (b) the nonprofit industry stakeholder organization recognized by the <span class="dictionary">Commission</span> and licensed to own or operate such <span class="dictionary">satellite facility</span>.
		&#x201C;Horse racing&#x201D; means a competition on a set course involving a race between horses on which <span class="dictionary">pari-mutuel wagering</span> is permitted and includes <span class="dictionary">historical horse racing</span>.
		&#x201C;<span class="dictionary">Immediate family</span>&#x201D; means (i) a spouse and (ii) any other <span class="dictionary">person</span> residing in the same household as an officer or employee, who is a <span class="dictionary">dependent</span> of the officer or employee or of whom the officer or employee is a <span class="dictionary">dependent</span>.
		&#x201C;Licensee&#x201D; includes any <span class="dictionary">person</span> holding an owner&#x2019;s or operator&#x2019;s license under Article 2 (&#xA7;&#xA0;<a class="law" title="Owner's and operator's license required" href="/59.1-375/">59.1-375</a> et seq.).
		&#x201C;<span class="dictionary">Member</span>&#x201D; includes any <span class="dictionary">person</span> designated a <span class="dictionary">member</span> of a nonstock corporation, and any <span class="dictionary">person</span> who by means of a pecuniary or other interest in such corporation exercises the power of a <span class="dictionary">member</span>.
		&#x201C;<span class="dictionary">Pari-mutuel wagering</span>&#x201D; means the system of wagering on horse races in which those who wager on horses that finish in the position or positions for which wagers are taken share in the total amounts wagered, plus any amounts provided by a licensee, less deductions required or permitted by <span class="dictionary">law</span> and includes <span class="dictionary">pari-mutuel wagering</span> on <span class="dictionary">historical horse racing</span> and <span class="dictionary">simulcast horse racing</span> originating within the Commonwealth or from any other <span class="dictionary">jurisdiction</span>.
		&#x201C;<span class="dictionary">Participant</span>&#x201D; means any <span class="dictionary">person</span> who (i) has an ownership interest in any horse entered to race in the Commonwealth or who acts as the trainer, jockey, or driver of any horse entered to race in the Commonwealth or (ii) takes part in any horse racing subject to the <span class="dictionary">jurisdiction</span> of the <span class="dictionary">Commission</span> or in the conduct of a <span class="dictionary">race meeting</span> or <span class="dictionary">pari-mutuel wagering</span> there, including but not limited to a horse owner, trainer, jockey, or driver, groom, stable <span class="dictionary">foreman</span>, valet, veterinarian, agent, pari-mutuel employee, concessionaire or employee thereof, track employee, or other position the <span class="dictionary">Commission</span> deems necessary to regulate to ensure the integrity of horse racing in Virginia.
		&#x201C;<span class="dictionary">Permit holder</span>&#x201D; includes any <span class="dictionary">person</span> holding a permit to participate in any horse racing subject to the <span class="dictionary">jurisdiction</span> of the <span class="dictionary">Commission</span> or in the conduct of a <span class="dictionary">race meeting</span> or <span class="dictionary">pari-mutuel wagering</span> thereon as provided in &#xA7;&#xA0;<a class="law" title="Permit required; exception" href="/59.1-387/">59.1-387</a>.
		&#x201C;<span class="dictionary">Person</span>&#x201D; means any individual, group of individuals, firm, company, corporation, partnership, business, trust, association, or other legal entity.
		&#x201C;<span class="dictionary">Pool</span>&#x201D; means the amount wagered during a <span class="dictionary">race meeting</span> or during a specified period thereof.
		&#x201C;<span class="dictionary">Principal stockholder</span>&#x201D; means any <span class="dictionary">person</span> who individually or in concert with his spouse and <span class="dictionary">immediate family</span> <span class="dictionary">members</span>, beneficially owns or controls, directly or indirectly, five percent or more of the <span class="dictionary">stock</span> of any <span class="dictionary">person</span> which is a licensee, or who in concert with his spouse and <span class="dictionary">immediate family</span> <span class="dictionary">members</span>, has the power to vote or cause the vote of five percent or more of any such <span class="dictionary">stock</span>. However, &#x201C;<span class="dictionary">principal stockholder</span>&#x201D; shall not include a broker-dealer registered under the Securities Exchange Act of 1934, as amended, which holds in inventory shares for sale on the financial markets for a publicly traded corporation holding, directly or indirectly, a license from the <span class="dictionary">Commission</span>.
		&#x201C;<span class="dictionary">Race meeting</span>&#x201D; means the whole consecutive period of time during which horse racing with <span class="dictionary">pari-mutuel wagering</span> is conducted by a licensee.
		&#x201C;<span class="dictionary">Racetrack</span>&#x201D; means an outdoor course located in Virginia which is laid out for horse racing and is licensed by the <span class="dictionary">Commission</span>.
		&#x201C;Recognized majority horsemen&#x2019;s group&#x201D; means the organization recognized by the <span class="dictionary">Commission</span> as the representative of the majority of owners and trainers racing at <span class="dictionary">race meetings</span> subject to the <span class="dictionary">Commission</span>&#x2019;s <span class="dictionary">jurisdiction</span>.
		&#x201C;<span class="dictionary">Retainage</span>&#x201D; means the total amount deducted from the <span class="dictionary">pari-mutuel wagering</span> <span class="dictionary">pool</span> for (i) a license fee to the <span class="dictionary">Commission</span> and localities, (ii) the licensee, (iii) purse money for the <span class="dictionary">participants</span>, (iv) the <span class="dictionary">Virginia Breeders Fund</span>, and (v) certain enumerated organizations as required or permitted by <span class="dictionary">law</span>, regulation or <span class="dictionary">contract</span> approved by the <span class="dictionary">Commission</span>.
		&#x201C;<span class="dictionary">Satellite facility</span>&#x201D; means all areas of the property at which <span class="dictionary">simulcast horse racing</span> is received for the purposes of <span class="dictionary">pari-mutuel wagering</span>, and any additional areas designated by the <span class="dictionary">Commission</span>.
		&#x201C;<span class="dictionary">Significant infrastructure facility</span>&#x201D; means a horse racing facility that has been approved by a local <span class="dictionary">referendum</span> pursuant to &#xA7;&#xA0;<a class="law" title="Local referendum required" href="/59.1-391/">59.1-391</a> and has a minimum racing infrastructure consisting of (i) a one-mile dirt track for flat racing, (ii) a seven-eighths-mile turf course for flat or jump racing, (iii) covered seating for no fewer than 500 <span class="dictionary">persons</span>, and (iv) barns with no fewer than 400 permanent stalls.
		&#x201C;<span class="dictionary">Significant infrastructure limited licensee</span>&#x201D; means a <span class="dictionary">person</span> who owns or operates a <span class="dictionary">significant infrastructure facility</span> and holds a limited license under &#xA7;&#xA0;<a class="law" title="Limited licenses; transfer of meet; taxation; authority to issue; limitations" href="/59.1-376/">59.1-376</a>.
		&#x201C;<span class="dictionary">Simulcast horse racing</span>&#x201D; means the simultaneous transmission of the audio or video portion, or both, of horse races from a licensed horse <span class="dictionary">racetrack</span> or <span class="dictionary">satellite facility</span> to another licensed horse <span class="dictionary">racetrack</span> or <span class="dictionary">satellite facility</span>, regardless of state of licensure, whether such races originate within the Commonwealth or any other <span class="dictionary">jurisdiction</span>, by satellite communication devices, television cables, telephone lines, or any other means for the purposes of conducting <span class="dictionary">pari-mutuel wagering</span>.
		&#x201C;<span class="dictionary">Steward</span>&#x201D; means a racing official, duly appointed by the <span class="dictionary">Commission</span>, with powers and duties prescribed by <span class="dictionary">Commission</span> regulations.
		&#x201C;<span class="dictionary">Stock</span>&#x201D; includes all classes of <span class="dictionary">stock</span>, partnership interest, membership interest, or similar ownership interest of an applicant or licensee, and any debt or other obligation of such <span class="dictionary">person</span> or an affiliated <span class="dictionary">person</span> if the <span class="dictionary">Commission</span> finds that the holder of such interest or <span class="dictionary">stock</span> derives therefrom such control of or voice in the operation of the applicant or licensee that he should be deemed an owner of <span class="dictionary">stock</span>.
		&#x201C;<span class="dictionary">Virginia Breeders Fund</span>&#x201D; means the fund established to foster the industry of breeding race horses in the Commonwealth of Virginia.</p></section></text><history>1988, c. 855; 1991, c. 591; 1992, c. 820; 1996, c. 319; 1998, cc. 608, 619; 2005, c. 700; 2007, c. 757; 2015, cc. 731, 751; 2018, c. 811.</history><metadata></metadata></law>
