Conn. Agencies Regs. § 12-574-F1 - Definitions, constructions, interpretations

Current through March 4, 2022

(a) In applying the provisions of sections 12-574-F1 to 12-574-F65, inclusive, of the Regulations of Connecticut State Agencies, the following definitions, constructions and interpretations shall apply:
(1) "Account holder" means a natural person authorized by an association to place bets by phone or any other means authorized by the division;
(2) "Affiliate" means a business organization, other than a shareholder in a publicly traded corporation, which may exercise control in or over an association, totalizator or concessionaire licensee;
(3) "Applicant" means any person seeking to obtain a license from either the board or the division;
(4) "Association" means any person licensed to conduct a recognized greyhound or jai alai meet or operate the off-track betting system;
(5) "Association kennels" means, in greyhound racing, owned or leased kennel structures operated by the association providing housing for the booked kennels, located at a facility or at an off-site location approved by the division. Any off-site kennel location shall be considered part of the facility's premises for regulatory purposes;
(6) "Board" means the five member Gaming Policy Board of the state of Connecticut established by section 12-557d of the Connecticut General Statutes;
(7) "Booking" means, in greyhound racing, a contract between the owner of a kennel of greyhounds and the association to provide racing greyhounds to an association;
(8) "Branding" means a capability of the totalizator cash-sell system by which a pari-mutuel ticket is imprinted with information identifying it as a canceled ticket or a cashed out-ticket and the transaction is automatically recorded within the system's memory;
(9) "Breakage" means the net pool minus the payoff;
(10) "Business organization" means a partnership, incorporated or unincorporated association, firm, corporation, trust or other form of business or legal entity, other than a financial institution regulated by a state or federal agency which is not exercising control over an association licensee;
(11) "Carom serve" means, in jai alai, a serve that strikes the side wall before hitting the front wall; may also be referred to as a two wall serve;
(12) "Cash voucher" means a ticket issued by a totalizator system terminal that is the equivalent of cash and is used for wagering purposes;
(13) "Cesta" means, in jai alai, the spanish name for the basket used to catch the pelota in the game of jai alai;
(14) "Close of betting" means the time designated by an association after which no bet shall be accepted in any particular pari-mutuel pool;
(15) "Commingling" or "combined pool" means the combination of wagers from different locations or jurisdictions into a single pool at a host track;
(16) "Commission" or "takeout" means that portion of the gross pool authorized by law and approved by the division that is deducted by the association prior to computing the payout to winning bettors, and from which the state tax is paid as specified in sec. 12-572(c) and (d)(1) and (2) and sec. 12-575(c) of the Connecticut General Statutes;
(17) "Concessionaire" means any person granted the right by an association to operate an activity in conjunction with an authorized meeting for the purpose of making a profit. Parking contractors, vending machine suppliers, restaurant or catering contractors, video contractors, program printers, handicappers, contractual kennel owners, and cleaning and maintenance contractors are concessionaires. Any other contractors whose sole business is that connected with an association's licensed activity are also concessionaires. A contractor who delivers goods to a facility or provides services off the facility may be considered a concessionaire, in the discretion of the executive director;
(18) "Condition" means:
(A) In greyhound racing:
(i) Of a race, one of the characteristic elements of the race and may refer, for example, to items such as purse or stakes, qualifications of greyhounds to enter, distance, or other special features; or
(ii) Of a greyhound, the general health, training and fitness of the greyhound;
(B) In jai alai:
(i) Of a game, one of the characteristic elements of a game and may refer, for example to items such as prize money, qualifications of players for entry, whether the game is singles, doubles, triples, spectacular seven, or other special features; or
(ii) Of a player, the general health, training and fitness of a player;
(19) "Control" means the power to exercise authority over or direct the management and policies of a person or business organization;
(20) "Corporation - traded publicly" means any corporation whose stock is available for purchase by the general public in the open market on a regular and continuing basis or any corporation which is listed for trading with a national stock exchange or which has a security subject to registration under section 12 of the federal Securities Exchange Act;
(21) "Coupled entry" means two or more animals which are entered in a race and are owned or leased by the same owner or trained by the same trainer and are coupled for the purpose of pari-mutuel betting as one betting interest, and according to the requirement of the text, may include field;
(22) "Division" means the Division of Special Revenue within the Department of Revenue Services;
(23) "Electronic transmission or electronically transmitted" means any process of communication that is suitable for the retention, retrieval and reproduction of information by the recipient and which does not directly involve the physical transfer of paper;
(24) "Entry" means a horse or greyhound made eligible to run in a race or any wagering interest made eligible to participate in an authorized off-track betting event;
(25) "Equipment" means, as applied to a greyhound, muzzle, number blanket, and all other paraphernalia common or otherwise which must be used on or attached to a greyhound while racing. As applied to jai-alai, equipment means the helmet, cesta, numbered shirt, and all other paraphernalia common or otherwise, which may be used by the player while playing;
(26) "Established weight" means the racing weight established by the kennel owner or trainer as the greyhound's racing weight;
(27) "Evening performance" means in greyhound racing and jai alai, a program of races or games conducted at a facility which begins at 6:00 P.M. prevailing time or later. For off-track betting, evening performance includes those race programs from tracks whose first race begins between 7:00 P.M. and 6:59 A.M. (Eastern time);
(28) "Facility" means the total real estate, land and buildings of an association or OTB facility operator, either owned or leased, utilized for the purpose of conducting a meet or off-track betting;
(29) "Field" means, in off-track betting, according to the requirements of the text:
(1) All the animals which compete in a race;
(2) A number of animals which are grouped together as a single betting interest for the purposes of pari-mutuel betting; or
(3) Animals or entries grouped or bracketed together to form various betting interests, as determined by the association and approved by the executive director;
(30) "Fraudulent or corrupt practice" means any attempt to enrich oneself or another, or to gain any advantage for oneself or another, through unfair, unlawful or dishonest behavior in connection with the racing of greyhounds, the playing of the game of jai alai or off-track betting;
(31) "Fronton" means, in jai alai, the building or enclosure in which is provided a playing court with three walls so designed and constructed for the playing of the game of jai alai;
(32) "Game" means, in jai alai, a contest between players for any purse, stake or reward conducted at any licensed fronton;
(33) "Game infraction" means, in jai alai, any violation of sections 12-574-F50 to 12-574-F56, inclusive, of the Regulations of Connecticut State Agencies by jai-alai players or officials occurring on the jai alai court or in the players quarters;
(34) "Greyhound owner" means the person in whose name a greyhound is registered to at the meet in accordance with section 12-574-F38 of the Regulations of Connecticut State Agencies and where applicable, will be the lessor of the greyhound;
(35) "Gross pool" means the total amount wagered in a specific pool less refunds and cancellations;
(36) "Handle" means depending on the context, the total amount of money wagered within a pool, a race, a game, a performance, or performances within a meeting;
(37) "Horse number, greyhound number or entry number" means a numeric or alphabetic designation assigned by an association to each horse, greyhound or entry on which the association is accepting bets;
(38) "Hub system" means a centralized computer system that provides totalizator service to more than one facility or association;
(39) "Independent pool" means a pool calculated based solely upon wagers made through the Connecticut OTB system;
(40) "Judges" means:
(A) In greyhound racing, judges are the three racing judges of the meet, or their deputies or substitutes, acting together or such of them as may be acting at any time. The racing judges include the division racing judge appointed by the executive director and the presiding racing judge and the associate racing judge appointed by the association conducting the meet. Racing judges have jurisdiction over all matters directly involving races, racing, and racing meet-related activity;
(B) In jai alai, court judges are the chief center court judge, a back court judge and a front court judge, all of whom are appointed by the association; or
(C) The board of administrative judges are the three members of the board of administrative judges, or their deputies or substitutes, acting together or such of them as may be acting at any time. The three judges are:
(1) the division facility supervisor or designee,
(2) the general manager or designee and
(3) an additional division representative. The Division of Special Revenue facility supervisor or substitute is the presiding judge of the board of administrative judges;
(41) "Kennel name" means;
(A) The name registered with the division which is used to identify a particular kennel of greyhounds participating in a race meeting;
(B) The registered name, under which licensed greyhound owners may race their in an association contracted kennel;
(42) "Kennel owner" means a person granted the right by an association and licensed by the executive director, to operate a kennel for racing greyhounds at a licensed facility;
(43) "Key executive and other control person" means any person, which includes corporations in the meaning of the term "person," to which the terms "control," "management," "related" or "principal owner" apply;
(44) "Lead out" means the attendant that handles the greyhound exiting the paddock, while en route to the starting box;
(45) "Lessee" means the person or business organization to whom a greyhound has been leased and who holds a registered lease certificate for such greyhound in accordance with the National Greyhound Association;
(46) "Licensee" means any individual, or business organization licensed by either the board or the division to participate in greyhound racing, jai alai or offtrack betting;
(47) "Lure" means a mechanical apparatus consisting of the following component parts: a stationary rail installed around the track; a motorized mechanism which travels on the rail; a pole which is attached to the mechanism and extends out over the track to which a decoy approved by the division is attached;
(48) "Management" means any persons having responsibility to manage, direct, or administer the affairs of a person or business organization. Management includes, but is not limited to, members of the board of directors of a corporation, officers in charge of principal business functions, or principal owners;
(49) "Matinee" means, in greyhound racing and jai alai, a program of races or games conducted at a racetrack or fronton which begins before 6:00 p.m. prevailing time;
(50) "Meet" or "recognized meet" means the entire consecutive period of days that has been granted to the association by the board to conduct greyhound racing or jai alai;
(51) "Minor" means any person under the age of majority as established by law;
(52) "Net pool" means the total amount wagered in a specific pool after refunds and cancellations, minus the commission;
(53) "OTB" or "off-track betting" means the acceptance of off-track betting wagers from the public on events held both within and without the state as authorized by the division;
(54) "OTB facility operator" means a jai alai or greyhound racing association licensee or a licensed concessionaire under contract with the OTB association licensee to operate an off-track betting facility as authorized by the division;
(55) "Off-track betting information" means information about racing events that shall be limited to past performance information, late changes in the racing event, handicapping tips, betting pool information, information about any steward's inquiries, and official payout prices;
(56) "Operating procedures" means those practices established by an association which govern the daily conduct and administration of all association and OTB facility operator activities as approved by the division;
(57) "Outs" means winning tickets or tickets due refunds which have not yet been redeemed for payment;
(58) "Paddock" means, in greyhound racing, the area which includes the lockout area (ginny pit), weighing-in/weighing-out area, paddock judge's office, clerk of scale's office and association veterinarians' office;
(59) "Pari-mutuel" means the system of betting which returns to successful bettors the precise amount of money wagered by unsuccessful bettors plus their initial wager, after deductions for commission and breakage;
(60) "Parlay" means a series of bets whereby the bettor bets on one entry and bets the proceeds on a second entry, and the proceeds from the second bet on a third entry, and so on;
(61) "Partido" means a game of jai alai on which only win betting is allowed between two post positions to a designated number of points determined by the association and approved by the division;
(62) "Patrol judge" means, in greyhound racing, the racing official who supervises the lead outs from the paddock to the starting box;
(63) "Pelota" means the Spanish name for the ball used in the playing of the game of jai alai;
(64) "Performance" means:
(A) In greyhound racing and jai alai, a schedule of races or games to be conducted either as a matinee, at twilight (late afternoon post time), or in the evening on a particular day; and
(B) In off-track betting, the consecutive hours during which off-track betting is open to the public. Afternoon performances include those race programs from tracks whose first race begins between 7:00 a.m. and 6:59 p.m. (Eastern time). Evening performances include those race programs from tracks whose first race begins between 7:00 p.m. and 6:59 a.m. (Eastern time);
(65) "Performance line" means the information compiled by the chart writer, detailing the performance of a greyhound in an official race or schooling;
(66) "Person" means an individual or business organization;
(67) "Placing" means when used in connection with a race or game results, first, second or third, and in that order is called "win", "place" and "show";
(68) "Player" means a jai alai player who is under contract to a jai alai association, participates in any official game of jai alai, and holds a current valid license from the division;
(69) "Pool" means the total amount bet on a specific type of wager in a given race or game;
(70) "Post position" means:
(A) In jai alai, represents the number assigned by the player's manager which appears to the left of a player's name in the printed program and which represents the numerical order in which players will appear to play on the court at the commencement of a game; and
(B) In greyhound racing, represents the number randomly assigned to a greyhound to participate in any race and which appears opposite the greyhound's name in the printed program;
(71) "Post time" means:
(A) In greyhound racing, the time set for the release at the starting box of the greyhounds in a race that is shown reasonably in advance of the race on a clock device, prominently displayed and clearly readable from the grandstand;
(B) In jai alai, the time set for the first serve in a game, which time is shown reasonably in advance of the game on a clock device prominently displayed and clearly readable by the spectators; and
(C) In off-track betting, the time set by the host track for the cessation of wagering;
(72) "Program" means the schedule of races as prepared by the racing secretary or the schedule of games as prepared by the player's manager and printed for the association for sale to the public;
(73) "Race" means a contest for purse, stakes, or entry fees on any course and in the presence of duly licensed racing officials. For off-track betting, race means any authorized off-track betting event;
(74) "Related" means of any persons or entities who are the reporting licensee; its affiliates; principal owners, management and members of their immediate families; entities for which investments are accounted for by the equity method; and any other party who has the ability to significantly influence, directly or indirectly, the reporting licensee from fully pursuing its own separate management operation policies. This includes any power of attorney or fiduciary capacity delegated to any of the persons in this subdivision;
(75) "Related party transactions" means any transaction between a parent company and its subsidiaries, transactions between or among subsidiaries of a common parent, and transactions in which the reporting licensee participates with other affiliated businesses, with management, with principal owners or principal stockholders;
(76) "Ruled off or ejected" means the act of denying a person from all racing privileges at a facility. A person who is ruled off or ejected is barred from all participation including patronage at pari-mutuel facilities. Persons ruled off or ejected in jurisdictions which recognize ejections by Connecticut authorities will be ejected in Connecticut;
(77) "Schooling" means an official race conducted in the presence of the racing judges, with a distance of no less than 5/16 of a mile, in which a greyhound exhibits its skill and ability in a race.
(78) "Scratch" means:
(A) In greyhound racing, the withdrawal of an entered greyhound from a race after the official program has been printed;
(B) In jai alai, the withdrawal of a player from a game after the official program has been printed. The scratched player is replaced by the official substitute listed in the program; and
(C) In off-track betting, the withdrawal of an entry by the host track;
(79) "Session" means a period of time established by the totalizator licensee to report the total betting and cashing activity for matinee, twilight and evening performances conducted on the same day;
(80) "Simulcasting" means the transmission of live audio and video signals of racing events pursuant to a contract, upon which pari-mutuel wagers are accepted; the transmission occurs simultaneously with the racing event from a host track to off-track betting facilities;
(81) "Starter" means, in greyhound racing, according to the requirement of the text:
(A) A greyhound is a starter for the race when the doors of the starting box open in front of it at the time the starter dispatches the greyhounds;
(B) The official who effects the proper start of the greyhounds in the race;
(82) "State" means the state of Connecticut;
(83) "Stock" means any security representing an ownership interest except as otherwise limited by chapters 226 and 226b of the Connecticut General Statutes;
(84) "Stockholders" means those persons whose names appear on the books of a corporation as the owners of the shares of stock and who are entitled to participate in the management and control of the corporation;
(85) "Telephone deposit center" means a facility for accepting wagers by telephone, or other electronic means approved by the division, on authorized off-track betting events;
(86) "Totalizator" means the complete integrated set of hardware and software elements which functions to issue, cancel and record wagers in pools, determine and validate winning wagers, calculate and display approximate odds and payoffs on winning wagers on an electronic display board or monitor for the public view, perform teller accounting, provide real-time and historical reporting, and perform other functions necessary for the operation of pari-mutuel gaming. This term also applies to a duly licensed company providing such a system;
(87) "Tout" means one who obtains information on race entries and their prospects and sells it to bettors by persistently or brazenly soliciting customers on the grounds of a pari-mutuel or OTB facility;
(88) "Track" or "racetrack" means, in greyhound racing, any parts of the plant of a racing association, including, but not limited to, the racing strip, the approaches and entrances, the stands and all other accommodations and facilities afforded to the public, the kennels, lockout, judges' boxes, pari-mutuel offices, facilities and equipment, totalizator and public address system. For off-track betting, track or racetrack means a race course for conducting races with respect to which the association is accepting bets. A track may include any facility, association or system which conducts racing or accepts wagering;
(89) "Trainer" means a person responsible for the care of greyhounds in a kennel;
(90) "Twilight" means a performance whose first race or game begins in late afternoon;
(91) "Wagering" means the purchasing and cashing of tickets;
(92) "Wagering terminal" means any device approved by the division used to enter wagers into the totalizator system;
(93) Weighing-in weight. The weight of the greyhound taken at first weighing in; and
(94) Weighing-out weight. The weight of the greyhound just previous to post time of the race in which it was entered.

Notes

Conn. Agencies Regs. § 12-574-F1
Adopted effective October 3, 2001

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