As used in this article 32, unless the context otherwise requires: (1) "Breakage" means the odd cents by which the amount payable on each dollar wagered in a pari-mutuel pool exceeds a multiple of ten cents. (2) (a) "Class A track" means a track, located within the state of Colorado, at which a race meet of horses is conducted and that is not a class B track. (b) "Class A track" includes a reopening class A track that has not run a meet within the past three years. Such class A track may begin to operate as a simulcast facility after the commission has approved its application for simulcasting and its application for race dates to hold a race meet within the following twelve months. Applications submitted to the commission shall include a provision for the establishment of a purse fund that complies with this article 32 and the rules of the commission. (3) "Class B track" means a track, located within the state of Colorado, at which a race meet of horses, consisting of thirty or more race days, is being conducted or was being conducted during the immediately preceding twelve months. (4) "Commission" means the Colorado racing commission created in part 3 of this article 32. (5) Repealed. (6) "Director" means the director of the division of racing events. (7) "Division" means the division of racing events created in part 2 of this article 32. (8) "Horse track" means either a class A track or a class B track. (9) "Host track" means either an in-state host track or an out-of-state host track. (10) "In-state host track" means a track, located within the state of Colorado, at which a race meet of horses is conducted. (11) (a) "In-state simulcast facility" means: (I) A class A or class B horse track at which a licensee has held within the preceding twelve months or is licensed and scheduled to hold within the following twelve months a race meet of at least the duration required of a class A or class B track for the purpose of handling pari-mutuel wagers as authorized by this article 32; or (II) An additional facility that is operated by and is the responsibility of the licensee of a class B horse track, located in Colorado, and used for the handling of wagers placed on simulcast races received by the track or facility. The number of additional facilities cannot exceed the total number of facilities licensed to hold a race meet in 2003 plus one additional facility per licensee as authorized under this article 32. (b) If an additional facility is jointly owned or operated as a simulcast facility by two or more licensees, the additional facility shall be deemed to be one of the additional simulcast facilities of only one of the licensees, as designated in writing to the commission. (c) The commission, for good cause, may grant a licensed class A horse track permission to receive simulcast races at an alternate location within five miles of its track during the times when the track is not in operation. (12) "Interstate common pool" means a pari-mutuel pool established at one location, usually but not necessarily at a host track, within which pool are combined comparable pari- mutuel pools of one or more simulcast facilities upon a race run at the host track for purposes of establishing payoff prices in the various states. There may be simulcast facilities in more than one state simultaneously combining pari-mutuel pools into the common pool of the host track. Where permitted by the laws and rules of the states in which the host track and the simulcast facilities are located and with the concurrence of the host track, the combined pari-mutuel pool may be established on a regional or other basis between two or more simulcast facilities and need not involve a merger into the host track's pari-mutuel pool. In such instances, one of the simulcast facilities shall serve as if it were the host track for the purposes of holding the common pool and calculating payoffs. The interstate common pool shall be as specified in the written simulcast racing agreement between the host track and the person operating the simulcast facility receiving the simulcast races. (13) "Intrastate common pool" means a pari-mutuel pool, established for an in-state host track, that includes wagers made at the in-state host track as well as wagers made at in-state simulcast facilities on simulcast races of live races run at the in-state host track. (14) "Licensee" means any person holding a current, valid race meet license issued pursuant to section 44-32-505 and any person holding a current, valid license or registration issued by the commission pursuant to sections 44-32-503 and 44-32-504. The commission, by rule, shall determine which occupational categories shall be licensed and which shall be registered. Except in connection with the licensing of race meets, the term "license" includes a registration and "applicant" includes an applicant for a registration. (15) "Out-of-state host track" means a track, located within a state other than Colorado, that is licensed or otherwise properly authorized under the laws of the state to conduct live races of horses and to broadcast the races as simulcast races and that broadcasts the simulcast races to an in-state simulcast facility. (16) "Out-of-state simulcast facility" means a track or other facility, located within a jurisdiction other than Colorado, at which pari-mutuel wagers are placed or accepted, either in person or electronically, on simulcast races pursuant to proper authorization under the laws of the jurisdiction. (17) "Pari-mutuel pool" means a wagering pool into which pari-mutuel wagers on a live race or on a simulcast race are taken. (18) "Pari-mutuel wagering" means a form of wagering on the outcome of horse races in which those who wager purchase tickets of various denominations on one or more horses from one or more pools and all like wagers from each race are pooled and the winning ticket holders are paid prizes from the pool in amounts proportional to the total receipts in the pool minus deductions authorized by statute. (19) "Person" means any individual, partnership, firm, corporation, or association. (20) "Race meet" means any live exhibition of racing involving horses registered within their breed, conducted at a track located within the state of Colorado and operated by a licensee under a license granted pursuant to section 44-32-505, where the pari-mutuel system of wagering is used. (21) "Simulcast facility" means either an in-state simulcast facility or an out-of-state simulcast facility. (22) "Simulcast race" means a live, audio-visual broadcast that is: (a) Transmitted simultaneously with either: (I) The performance of a live race of horses by an out-of-state host track; or (II) The performance of a live race of horses by an in-state host track; and (b) Received by a simulcast facility. (23) "Source market fee" means a licensing fee, assessed by the director pursuant to section 44-32-202 (3)(h), in lieu of taxes and fees otherwise payable under this article 32, payable by persons outside of Colorado who conduct pari-mutuel wagering on simulcast races and who accept wagers from Colorado residents at out-of-state simulcast facilities. (24) "Track" or "racetrack" means a track that is located within the state of Colorado and at which a race meet of horses is conducted under a license granted pursuant to section 44-32- 505.
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