                                 CODE OF VIRGINIA

DEFINITIONS (§ 58.1-4030)

As used in this article, unless the context requires a different meaning:
		&#8220;Adjusted gross revenue&#8221; means gross revenue minus:

1. All cash and the cash value of merchandise paid out as winnings to bettors,
and the value of all bonuses or promotions provided to patrons as an incentive
to place or as a result of their having placed Internet sports betting wagers;

2. Uncollectible gaming receivables, which shall not exceed two percent, or a
different percentage as determined by the Board pursuant to subsection F of
&#xA7; 58.1-4007, of gross revenue minus all cash paid out as winnings to
bettors;

3. If the permit holder is a significant infrastructure limited licensee, as
defined in &#xA7; 59.1-365, any funds paid into the horsemen&#8217;s purse
account pursuant to the provisions of subdivision 14 of &#xA7; 59.1-369; and

4. All excise taxes on sports betting paid pursuant to federal law.
			&#8220;Amateur sports&#8221; means any sports or athletic event that is not
professional sports, college sports, Virginia college sports, or youth sports.
&#8220;Amateur sports&#8221; includes domestic, international, and Olympic
sports or athletic events. &#8220;Amateur sports&#8221; does not include
charitable gaming, as defined in &#xA7; 18.2-340.16; fantasy contests, as
defined in &#xA7; 59.1-556; or horse racing, as defined in &#xA7; 59.1-365.
			&#8220;College sports&#8221; means an athletic event (i) in which at least
one participant is a team from a public or private institution of higher
education, regardless of where such institution is located, and (ii) that does
not include a team from a Virginia public or private institution of higher
education.
			&#8220;Covered persons&#8221; means athletes; umpires, referees, and
officials; personnel associated with clubs, teams, leagues, and athletic
associations; medical professionals and athletic trainers who provide services
to athletes and players; and the immediate family members and associates of such
persons.
			&#8220;Gross revenue&#8221; means the total of all cash, property, or any
other form of remuneration, whether collected or not, received by a permittee
from its sports betting operations.
			&#8220;Major league sports franchise&#8221; means a professional baseball,
basketball, football, hockey, or soccer team that is at the highest-level league
of play for its respective sport.
			&#8220;Motor sports facility&#8221; means an outdoor motor sports facility
that hosts a National Association for Stock Car Auto Racing (NASCAR) national
touring race.
			&#8220;Official league data&#8221; means statistics, results, outcomes, and
other data relating to a professional sports event obtained by a permit holder
under an agreement with a sports governing body or with an entity expressly
authorized by a sports governing body for determining the outcome of tier 2
bets.
			&#8220;Permit holder&#8221; means a person to which the Director issues a
permit pursuant to &#xA7;&#xA7; 58.1-4032 and 58.1-4033.
			&#8220;Personal biometric data&#8221; means any information about an athlete
that is derived from his DNA, heart rate, blood pressure, perspiration rate,
internal or external body temperature, hormone levels, glucose levels, hydration
levels, vitamin levels, bone density, muscle density, or sleep patterns, or
other information as may be prescribed by the Board by regulation.
			&#8220;Principal&#8221; means any individual who solely or together with his
immediate family members (i) owns or controls, directly or indirectly, five
percent or more of the pecuniary interest in any entity that is a permit holder
or (ii) has the power to vote or cause the vote of five percent or more of the
voting securities or other ownership interests of such entity.
&#8220;Principal&#8221; includes any individual who is employed in a managerial
capacity for a sports betting platform or sports betting facility on behalf of a
permit holder.
			&#8220;Professional sports&#8221; means an athletic event involving at least
two human competitors who receive compensation, in excess of their expenses, for
participating in such event. &#8220;Professional sports&#8221; does not include
charitable gaming, as defined in &#xA7; 18.2-340.16; fantasy contests, as
defined in &#xA7; 59.1-556; or horse racing, as defined in &#xA7; 59.1-365.
			&#8220;Prohibited conduct&#8221; means any statement, action, or other
communication intended to influence, manipulate, or control a betting outcome of
a sports event or of any individual occurrence or performance in a sports event
in exchange for financial gain or to avoid financial or physical harm.
&#8220;Prohibited conduct&#8221; includes statements, actions, and
communications made to a covered person by a third party. &#8220;Prohibited
conduct&#8221; does not include statements, actions, or communications made or
sanctioned by a sports team or sports governing body.
			&#8220;Proposition bet&#8221; means a bet on an individual action, statistic,
occurrence, or non-occurrence to be determined during an athletic event and
includes any such action, statistic, occurrence, or non-occurrence that does not
directly affect the final outcome of the athletic event to which it relates.
			&#8220;Sports betting&#8221; means placing wagers on professional sports,
college sports, amateur sports, sporting events, or any other event approved by
the Director, and any portion thereof, and includes placing wagers related to
the individual performance statistics of athletes in such sports and events.
&#8220;Sports betting&#8221; includes any system or method of wagering approved
by the Director, including single-game bets, teaser bets, parlays, over-under,
moneyline, pools, exchange wagering, in-game wagering, in-play bets, proposition
bets, and straight bets. &#8220;Sports betting&#8221; does not include
participating in charitable gaming authorized by Article 1.1:1 (&#xA7;
18.2-340.15 et seq.) of Chapter 8 of Title 18.2; participating in any lottery
game authorized under Article 1 (&#xA7; 58.1-4000 et seq.); wagering on horse
racing authorized by Chapter 29 (&#xA7; 59.1-364 et seq.) of Title 59.1; or
participating in fantasy contests authorized by Chapter 51 (&#xA7; 59.1-556 et
seq.) of Title 59.1. &#8220;Sports betting&#8221; does not include placing a
wager on a college sports event in which a Virginia public or private
institution of higher education is a participant.
			&#8220;Sports betting facility&#8221; means an area, kiosk, or device located
inside a casino gaming establishment licensed pursuant to Chapter 41 (&#xA7;
58.1-4100 et seq.) that is designated for sports betting.
			&#8220;Sports betting permit&#8221; means a permit to operate a sports
betting platform or sports betting facility issued pursuant to the provisions of
&#xA7;&#xA7; 58.1-4032, 58.1-4033, and 58.1-4034.
			&#8220;Sports betting platform&#8221; means a website, app, or other platform
accessible via the Internet or mobile, wireless, or similar communications
technology that sports bettors use to participate in sports betting.
			&#8220;Sports betting program&#8221; means the program established by the
Board to allow sports betting as described in this article.
			&#8220;Sports bettor&#8221; means a person physically located in Virginia who
participates in sports betting.
			&#8220;Sports event&#8221; or &#8220;sporting event&#8221; means professional
sports, college sports, amateur sports, and any athletic event, motor race
event, electronic sports event, competitive video game event, or any other event
approved by the Director.
			&#8220;Sports governing body&#8221; means an organization, headquartered in
the United States, that prescribes rules and enforces codes of conduct with
respect to a professional sports or college sports event and the participants
therein. &#8220;Sports governing body&#8221; includes a designee of the sports
governing body.
			&#8220;Stadium&#8221; means the physical facility that is the primary
location at which a major league sports franchise hosts athletic events and any
appurtenant facilities.
			&#8220;Tier 1 bet&#8221; means a bet that is placed using the Internet and
that is not a tier 2 bet.
			&#8220;Tier 2 bet&#8221; means a bet that is placed using the Internet and
that is placed after the event it concerns has started.
			&#8220;Virginia college sports&#8221; means an athletic event in which at
least one participant is a team from a Virginia public or private institution of
higher education.
			&#8220;Youth sports&#8221; means an athletic event (i) involving a majority
of participants under age 18 or (ii) in which at least one participant is a team
from a public or private elementary, middle, or secondary school, regardless of
where such school is located. However, if an athletic event meets the definition
of college sports or professional sports, such event shall not be considered
youth sports regardless of the age of the participants. An international
athletic event organized by the International Olympic Committee shall not be
considered to be youth sports, regardless of the age of the participants.

HISTORY: 2020, cc. 1218, 1256; 2021, Sp. Sess. I, cc. 351, 352.