§ 3002. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC3002]
TITLE 15--COMMERCE AND TRADE
CHAPTER 57--INTERSTATE HORSERACING
Sec. 3002. Definitions
For the purposes of this chapter the term--
(1) ``person'' means any individual, association, partnership,
joint venture, corporation, State or political subdivision thereof,
department, agency, or instrumentality of a State or political
subdivision thereof, or any other organization or entity;
(2) ``State'' means each State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and any
territory or possession of the United States;
(3) ``interstate off-track wager'' means a legal wager placed or
accepted in one State with respect to the outcome of a horserace
taking place in another State and includes pari-mutuel wagers, where
lawful in each State involved, placed or transmitted by an
individual in one State via telephone or other electronic media and
accepted by an off-track betting system in the same or another
State, as well as the combination of any pari-mutuel wagering pools;
(4) ``on-track wager'' means a wager with respect to the outcome
of a horserace which is placed at the racetrack at which such horse-
race takes place;
(5) ``host State'' means the State in which the horserace
subject to the interstate wager takes place;
(6) ``off-track State'' means the State in which an interstate
off-track wager is accepted;
(7) ``off-track betting system'' means any group which is in the
business of accepting wagers on horseraces at locations other than
the place where the horserace is run, which business is conducted by
the State or licensed or otherwise permitted by State law;
(8) ``off-track betting office'' means any location within an
off-track State at which off-track wagers are accepted;
(9) ``host racing association'' means any person who, pursuant
to a license or other permission granted by the host State, conducts
the horserace subject to the interstate wager;
(10) ``host racing commission'' means that person designated by
State statute or, in the absence of statute, by regulation, with
jurisdiction to regulate the conduct of racing within the host
State;
(11) ``off-track racing commission'' means that person
designated by State statute or, in the absence of statute, by
regulation, with jurisdiction to regulate off-track betting in that
State;
(12) ``horsemen's group'' means, with reference to the
applicable host racing association, the group which represents the
majority of owners and trainers racing there, for the races subject
to the interstate off-track wager on any racing day;
(13) ``parimutuel'' means any system whereby wagers with respect
to the outcome of a horserace are placed with, or in, a wagering
pool conducted by a person licensed or otherwise permitted to do so
under State law, and in which the participants are wagering with
each other and not against the operator;
(14) ``currently operating tracks'' means racing associations
conducting parimutuel horseracing at the same time of day (afternoon
against afternoon; nighttime against nighttime) as the racing
association conducting the horseracing which is the subject of the
interstate off-track wager;
(15) ``race meeting'' means those scheduled days during the year
a racing association is granted permission by the appropriate State
racing commission to conduct horseracing;
(16) ``racing day'' means a full program of races at a specified
racing association on a specified day;
(17) ``special event'' means the specific individual horserace
which is deemed by the off-track betting system to be of sufficient
national significance and interest to warrant interstate off-track
wagering on that event or events;
(18) ``dark days'' means those days when racing of the same type
does not occur in an off-track State within 60 miles of an off-track
betting office during a race meeting, including, but not limited to,
a dark weekday when such racing association or associations run on
Sunday, and days when a racing program is scheduled but does not
take place, or cannot be completed due to weather, strikes and other
factors not within the control of the off-track betting system;
(19) ``year'' means calendar year;
(20) ``takeout'' means that portion of a wager which is deducted
from or not included in the parimutuel pool, and which is
distributed to persons other than those placing wagers;
(21) ``regular contractual process'' means those negotiations by
which the applicable horsemen's group and host racing association
reach agreements on issues regarding the conduct of horseracing by
the horsemen's group at that racing association;
(22) ``terms and conditions'' includes, but is not limited to,
the percentage which is paid by the off-track betting system to the
host racing association, the percentage which is paid by the host
racing association to the horsemen's group, as well as any
arrangements as to the exclusivity between the host racing
association and the off-track betting system.
(Pub. L. 95-515, Sec. 3, Oct. 25, 1978, 92 Stat. 1811; Pub. L. 106-553,
Sec. 1(a)(2) [title VI, Sec. 629], Dec. 21, 2000, 114 Stat. 2762, 2762A-
108.)
Amendments
2000--Par. (3). Pub. L. 106-553 inserted ``and includes pari-mutuel
wagers, where lawful in each State involved, placed or transmitted by an
individual in one State via telephone or other electronic media and
accepted by an off-track betting system in the same or another State, as
well as the combination of any pari-mutuel wagering pools'' after
``another State''.
