1.010
Promulgation, amendment,
modification and repeal. The following Rules are issued pursuant to the
Amendment. The Commission will, from time to time, promulgate, amend and repeal
such Rules, consistent with the policy, objects and purposes of the Arkansas
Racing Commission, as it may deem necessary or desirable in carrying out the
policy and provisions of the Amendment.
1.020
Construction. Nothing
contained in these Rules shall be so construed as to conflict with any
provision of the Amendment or of any other applicable law.
1.030
Severability. If any
provision of these Rules be held invalid, it shall not be construed to
invalidate any of the other provisions of these Rules.
1.040
Definitions, words and terms;
tense, number and gender. The provisions of the Amendment relating to
definitions, tense, number and gender apply and govern the interpretation of
these Rules, except when otherwise plainly declared or clearly apparent from
the context.
1.050 "Amendment"
defined. "Amendment" means Amendment 100 to the Arkansas Constitution, known as
the Arkansas Casino Gaming Amendment of 2018.
1.055 "Automated teller machine" defined.
"Automated teller machine" or "ATM" means an automated bank teller machine
capable of dispensing cash.
1.060
"Card game" defined. "Card game" means a game in which the licensee is not
party to wagers and from which the licensee receives compensation in the form
of a rake-off, a time buy-in, or other fee or payment from a player for the
privilege of playing, and includes but is not limited to the following: Poker,
bridge, whist, solo and panguingui.
1.062 "Cashable credits" defined. "Cashable
credits" means wagering credits that are redeemable for cash.
1.065 "Casino" defined. "Casino" means a
facility where casino gaming is conducted as authorized by the Amendment.
"Casino applicant" is defined as any individual,
corporation, partnership, association, trust, or other entity applying for a
license to conduct casino gaming at a casino in Pope County or Jefferson
County, Arkansas, pursuant to Section 4 of the Amendment. Franchise holders
shall be exempt from this definition pursuant to Section 4 of the
Amendment.
"Casino gaming" is defined as dealing, operating,
carrying on, conducting, maintaining, or exposing for play any game played with
cards, dice, equipment, or any mechanical, electromechanical, or electronic
device or machine for money, property, checks, credit, or any representative
value. Casino gaming shall also be defined to include accepting wagers on
sporting events. "Casino gaming" does not include lotteries conducted pursuant
to Amendment 87 and/or The Arkansas Scholarship Lottery Act, Ark. Code Ann. §
23-115-101, et seq.
"Casino gaming receipts" is defined as gross
receipts from casino gaming.
"Casino license" is defined as a license issued
by the Arkansas Racing Commission to conduct casino gaming at a casino.
"Casino licensee" is defined as any individual,
corporation, partnership, association, trust, or other entity holding a license
issued by the Arkansas Racing Commission to conduct casino gaming at a
casino.
1.066 "Commission"
means the Arkansas Racing Commission.
1.067 "Commission Rules" means Rules and
Regulations Governing Horse Racing in Arkansas, Rules and Regulations Governing
Greyhound Racing in Arkansas, Arkansas Regulations for Franchise Holders
Operating Electronic Games of Skill, and Arkansas Casino Gaming
Rules.
1.080 "Counter game"
defined. "Counter game" means a game in which the licensee is party to wagers
and wherein the licensee documents all wagering activity. The term includes,
but is not limited to bingo, keno, race books, and sports pools. The term does
not include table games, card games and slot machines.
1.085 "Counter games payout" defined.
"Counter games payout" means the total amount of money, chips, wagering
vouchers, payout receipts, and electronic money transfers made from a counter
game through the use of a cashless wagering system, that are distributed to a
patron as the result of a legitimate wager.
1.090 "Counter games write"
defined. "Counter games write" means the total amount of money,
guaranteed drafts, chips, wagering vouchers, unpaid winning tickets, and
electronic money transfers made to a counter game through the use of a cashless
wagering system, that are accepted from a patron as a legitimate
wager.
1.092 "Debit instrument"
defined. "Debit instrument" means a card, code or other device with which a
person may initiate an electronic funds transfer or a wagering account
transfer. The term includes, without limitation, a prepaid access
instrument.
1.093 "Department of
Finance and Administration" or "DF&A" means the Arkansas Department of
Finance and Administration.
1.095
"Drop" defined. "Drop" means:
1. For table
games, the total amount of money, guaranteed drafts, chips, and wagering
vouchers contained in the drop boxes and any electronic money transfers made to
the game through the use of a cashless wagering system.
2. For slot machines, the total amount of
money, and wagering vouchers contained in the drop box, and any electronic
money transfers made to the slot machine through the use of a cashless wagering
system.
1.100
"Drop box" defined. "Drop box" means:
1. For table games, a locked container
permanently marked with the game, shift, and a number corresponding to a
permanent number on the table. All markings must be clearly visible from a
distance of at least 20 feet. The container must be locked to the table,
separately keyed from the container itself. All currency exchanged for chips or
credit instruments at the table and all other items or documents pertaining to
transactions at the table must be put into the container.
2. For slot machines, a container in a locked
portion of the machine or its cabinet used to collect the money retained by the
machine that is not used to make automatic payouts from the machine.
1.103
"Electronic money
transfer" defined. "Electronic money transfer" means the transfer to or
from a game or gaming device of a patron's cashable credits, through the use of
a cashless wagering system, that have either been provided to the patron by the
licensee, or for which the licensee or its affiliates have received cash
through a wagering account. The term also includes electronic funds transferred
from a financial institution to a game or gaming device as a result of an
electronic funds transfer through a cashless wagering system.
1.110
"Establishment" defined.
"Establishment" means any premises where business is conducted, and includes
all buildings, improvements, equipment and facilities used or maintained in
connection with such business.
1.125
"Funds" defined. "Funds"
means money or any other thing of value.
"Franchise holder" is defined as any individual,
corporation, partnership, association, trust, or other entity holding a
franchise to conduct horse racing under the Arkansas Horse Racing Law, Ark.
Code Ann. §
23-110-101 et seq., or greyhound
racing under the Arkansas Greyhound Racing Law, Ark. Code Ann. §
23-111-101 et seq. as of December
31, 2017.
"Game" and "gambling game" defined. "Game" or
"gambling game" means any game played with cards, dice, equipment or any
mechanical, electromechanical or electronic device or machine for money,
property, checks, credit or any representative of value, including, without
limiting the generality of the foregoing, faro, monte, roulette, keno, bingo,
fan-tan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps,
poker, chuck-a-luck, Chinese chuck-a-luck (dai shu), wheel of fortune, chemin
de fer, baccarat, pai gow, beat the banker, panguingui, slot machine, any
banking or percentage game or any other game or device approved by the
Commission
1.135
"Guaranteed draft" defined. "Guaranteed draft" means a draft or check
accepted by a licensee for gaming purposes whose drawer is a patron and whose
drawee unconditionally guarantees payment provided that all required issuance
and acceptance procedures are adhered to by the drawee and the licensee. The
term includes, but is not limited to, traveler's checks. The term does not
include personal checks.
1.139
"Independent accountant" defined. "Independent accountant" means a certified
public accountant licensed by this state or another state or territory of the
United States, who is qualified to practice public accounting in Arkansas.
"Intoxicating liquor" is defined as any beverage
containing more than one-half of one percent of alcohol by weight.
1.140 "Jackpot payout" defined.
"Jackpot payout" means money, payout receipts, wagering vouchers, electronic
money transfers made from a slot machine through the use of a cashless wagering
system and the actual cost to the licensee of personal property, other than
travel expenses, food, refreshments, lodging or services distributed to a slot
machine player as a result of a legitimate wager.
"Net casino gaming receipts" is defined as gross
receipts from casino gaming less amounts paid out or reserved as winnings to
casino patrons.
"Net casino gaming receipts tax" is defined as a
tax on net casino gaming receipts.
1.143 "Payout receipt" defined. "Payout
receipt" means an instrument that is redeemable for cash and is either issued
by a game or gaming device, or as a result of a communication from a game or
gaming device to associated equipment that cannot be used for wagering
purposes.
1.145 "Premises" defined.
"Premises" means land together with all buildings, improvements and personal
property located thereon.
1.146
"Prepaid access instrument" defined. "Prepaid access instrument" means a card,
code, electronic serial number, mobile identification number, personal
identification number or similar device that allows patron access to funds that
have been paid in advance and can be retrieved or transferred at some point in
the future through such a device. To transfer funds for gaming purposes, a
prepaid access instrument must be used in conjunction with an approved cashless
wagering system, race book or sports pool wagering account, or interactive
gaming account.
1.147 "Progressive
keno game" defined. "Progressive keno game" means a game with a payoff limit
that increases by predetermined amount as the game is played, which limit is at
all times exhibited on an indicator visible to the public. "Progressive keno
game" does not include video progressive keno devices.
1.150 "Rake- off" defined.
"Rake-off" means a percentage of the total amount anted and wagered by players
during a hand in a card game.
1.155
"Registration" defined. "Registration" means:
1. A final order of the Commission which
authorizes a corporation, firm, partnership, limited partnership, association,
limited liability company, trust, or other form of business organization not a
natural person to be a holding company or
2. A registration of a person, including
individuals, with the Commission.
1.160 "Rules" defined. "Rules" means Rules
adopted by the Commission.
1.162
"Rim credit" defined. "Rim credit" means all extensions of credit in exchange
for chips not evidenced by the immediate preparation of a credit
instrument.
1.172 "System based
game" and "system based gaming device" defined. "System based game" or "system
based gaming device" means a gaming device comprised of a server or system part
and client stations that, together, form a single integrated device where the
system portion of the game determines the outcomes of the individual games
conducted on the client stations and the client stations cannot operate
independently from the system.
1.174 "System supported game" and "system
supported gaming device" defined. "System supported game" or "system supported
gaming device" means a gaming device comprised of a collection of conventional
gaming devices or client stations connected to a system for the purpose of
downloading control programs and other software resources to the conventional
gaming device or client station on an intermittent basis. The client stations
connected to the system are capable of operating independently from the system
once the downloading process has been completed. This configuration encompasses
cases where the system may take control of peripheral devices or associated
equipment typically considered part of a conventional gaming device such as a
bill validator or a printer. In a system supported game, game outcome is
determined by the conventional gaming devices or client stations connected to
the system and not by the system itself.
1.180 "Table game bankroll" defined. "Table
game bankroll" means the inventory of:
1.
Chips and coinage at a table game that is used to make change, extend credit
and pay winning wagers; and
2.
Unpaid credit at a table game, including credit instruments not yet transferred
to the cage and outstanding rim credit.
1.190 "Wagering voucher" defined. "Wagering
voucher" means a printed wagering instrument, or digital representation
thereof, used in a cashless wagering system that has a fixed dollar wagering
value and is redeemable for cash or cash equivalents.
1.191 "Wholesaler " means any
person who holds a permit under any alcoholic beverage control law of the State
of Arkansas to purchase controlled beverages from a manufacturer, importer, or
domestic wine or brandy producer only and to sell such controlled beverages to
retailers only.
