                                 CODE OF VIRGINIA

DEFINITIONS (§ 59.1-365)

As used in this chapter, unless the context requires a different meaning:
		&#8220;Advance deposit account wagering&#8221; means a method of pari-mutuel
wagering conducted in the Commonwealth that is permissible under the Interstate
Horseracing Act, § 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 Commission, to place pari-mutuel wagers in person or
electronically.
		&#8220;Breakage&#8221; means the odd cents by which the amount payable on each
dollar wagered exceeds a multiple of $0.10.
		&#8220;Commission&#8221; means the Virginia Racing Commission.
		&#8220;Dependent&#8221; 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 his financial
support.
		&#8220;Drug&#8221; shall have the meaning prescribed by § 54.1-3401. The
Commission shall by regulation define and designate those drugs the use of which
is prohibited or restricted.
		&#8220;Enclosure&#8221; 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 Commission.
		&#8220;Handle&#8221; means the total amount of all pari-mutuel wagering sales
excluding refunds and cancellations.
		&#8220;Historical horse racing&#8221; means a form of horse racing that
creates pari-mutuel pools from wagers placed on previously conducted horse races
and is hosted at (i) a racetrack owned or operated by a significant
infrastructure limited licensee or (ii) a satellite facility that is owned or
operated by (a) a significant infrastructure limited licensee or (b) the
nonprofit industry stakeholder organization recognized by the Commission and
licensed to own or operate such satellite facility.
		&#8220;Horse racing&#8221; means a competition on a set course involving a
race between horses on which pari-mutuel wagering is permitted and includes
historical horse racing.
		&#8220;Immediate family&#8221; means (i) a spouse and (ii) any other person
residing in the same household as an officer or employee, who is a dependent of
the officer or employee or of whom the officer or employee is a dependent.
		&#8220;Licensee&#8221; includes any person holding an owner&#8217;s or
operator&#8217;s license under Article 2 (§ 59.1-375 et seq.).
		&#8220;Member&#8221; includes any person designated a member of a nonstock
corporation, and any person who by means of a pecuniary or other interest in
such corporation exercises the power of a member.
		&#8220;Pari-mutuel wagering&#8221; 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 law and
includes pari-mutuel wagering on historical horse racing and simulcast horse
racing originating within the Commonwealth or from any other jurisdiction.
		&#8220;Participant&#8221; means any person 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 jurisdiction of 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 the Commission deems necessary to
regulate to ensure the integrity of horse racing in Virginia.
		&#8220;Permit holder&#8221; includes any person holding a permit to
participate in any horse racing subject to the jurisdiction of the Commission or
in the conduct of a race meeting or pari-mutuel wagering thereon as provided in
§ 59.1-387.
		&#8220;Person&#8221; means any individual, group of individuals, firm,
company, corporation, partnership, business, trust, association, or other legal
entity.
		&#8220;Pool&#8221; means the amount wagered during a race meeting or during a
specified period thereof.
		&#8220;Principal stockholder&#8221; means any person who individually or in
concert with his spouse and immediate family members, beneficially owns or
controls, directly or indirectly, five percent or more of the stock of any
person which is a licensee, or who in concert with his spouse and immediate
family members, has the power to vote or cause the vote of five percent or more
of any such stock. However, &#8220;principal stockholder&#8221; 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
Commission.
		&#8220;Race meeting&#8221; means the whole consecutive period of time during
which horse racing with pari-mutuel wagering is conducted by a licensee.
		&#8220;Racetrack&#8221; means an outdoor course located in Virginia which is
laid out for horse racing and is licensed by the Commission.
		&#8220;Recognized majority horsemen&#8217;s group&#8221; means the
organization recognized by the Commission as the representative of the majority
of owners and trainers racing at race meetings subject to the Commission&#8217;s
jurisdiction.
		&#8220;Retainage&#8221; means the total amount deducted from the pari-mutuel
wagering pool for (i) a license fee to the Commission and localities, (ii) the
licensee, (iii) purse money for the participants, (iv) the Virginia Breeders
Fund, and (v) certain enumerated organizations as required or permitted by law,
regulation or contract approved by the Commission.
		&#8220;Satellite facility&#8221; means all areas of the property at which
simulcast horse racing is received for the purposes of pari-mutuel wagering, and
any additional areas designated by the Commission.
		&#8220;Significant infrastructure facility&#8221; means a horse racing
facility that has been approved by a local referendum pursuant to § 59.1-391
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 persons, and (iv) barns with no
fewer than 400 permanent stalls.
		&#8220;Significant infrastructure limited licensee&#8221; means a person who
owns or operates a significant infrastructure facility and holds a limited
license under § 59.1-376.
		&#8220;Simulcast horse racing&#8221; means the simultaneous transmission of
the audio or video portion, or both, of horse races from a licensed horse
racetrack or satellite facility to another licensed horse racetrack or satellite
facility, regardless of state of licensure, whether such races originate within
the Commonwealth or any other jurisdiction, by satellite communication devices,
television cables, telephone lines, or any other means for the purposes of
conducting pari-mutuel wagering.
		&#8220;Steward&#8221; means a racing official, duly appointed by the
Commission, with powers and duties prescribed by Commission regulations.
		&#8220;Stock&#8221; includes all classes of stock, partnership interest,
membership interest, or similar ownership interest of an applicant or licensee,
and any debt or other obligation of such person or an affiliated person if the
Commission finds that the holder of such interest or stock derives therefrom
such control of or voice in the operation of the applicant or licensee that he
should be deemed an owner of stock.
		&#8220;Virginia Breeders Fund&#8221; means the fund established to foster the
industry of breeding race horses in the Commonwealth of Virginia.

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.