A. If at least four Indian tribes enter into the model tribal-
state compact set forth in Section 281 of this title, and such
compacts are approved by the Secretary of the Interior and notice of
such approval is published in the Federal Register, the Oklahoma
Horse Racing Commission ("Commission") shall license organization
licensees which are licensed pursuant to Section 205.2 of this title
to conduct authorized gaming as that term is defined by this act
pursuant to this act utilizing gaming machines or devices authorized
by this act subject to the limitations of subsection C of this
section. No fair association or organization licensed pursuant to
Section 208.2 of this title or a city, town or municipality
incorporated or otherwise, or an instrumentality thereof, may
conduct authorized gaming as that term is defined by this act.
Notwithstanding the provisions of Sections 941 through 988 of
Title 21 of the Oklahoma Statutes, the conducting of and
participation in gaming in accordance with the provisions of this
act or the model compact set forth in Section 281 of this title is
lawful and shall not be subject to any criminal penalties. Provided
further, a licensed manufacturer or distributor licensed pursuant to
this act may manufacture, exhibit or store as a lawful activity any
machines or devices which are capable of being used to conduct the
following types of gaming:
1. Gaming authorized by the State-Tribal Gaming Act; or
2. Other gaming which may be lawfully conducted by an Indian
tribe in this state.
B. Except for Christmas Day, authorized gaming may only be
conducted by an organization licensee on days when the licensee is
either conducting live racing or is accepting wagers on simulcast
races at the licensee's racing facilities. Authorized gaming may
only be conducted by organization licensees at enclosure locations
where live racing is conducted. Under no circumstances shall
authorized gaming be conducted by an organization licensee at any
facility outside the organization licensee's racing enclosure. No
person who would not be eligible to be a patron of a pari-mutuel
system of wagering pursuant to the provisions of subsection B of
Section 208.4 of this title shall be admitted into any area of a
facility when authorized games are played nor be permitted to
operate, or obtain a prize from, or in connection with, the
operation of any authorized game, directly or indirectly.
C. In order to encourage the growth, sustenance and development
of live horse racing in this state and of the state's agriculture
and horse industries, the Commission is hereby authorized to issue
licenses to conduct authorized gaming to no more than three
organization licensees operating racetrack locations at which horse
race meetings with pari-mutuel wagering, as authorized by the
Commission pursuant to the provisions of this title, occurred in
calendar year 2001, as follows:
1. An organization licensee operating a racetrack location at
which an organization licensee is licensed to conduct a race meeting
pursuant to the provisions of Section 205.2 of this title located in
a county with a population exceeding six hundred thousand (600,000)
persons, according to the most recent Federal Decennial Census,
shall be licensed to operate not more than six hundred fifty (650)
player terminals in any year. Beginning with the third year after
an organization licensee is licensed pursuant to this paragraph to
operate such player terminals, such licensee may be licensed to
operate an additional fifty (50) player terminals. Beginning with
the fifth year after an organization licensee is licensed pursuant
to this paragraph to operate such player terminals, such licensee
may be licensed to operate a further additional fifty (50) player
terminals; and
2. Two organization licensees operating racetrack locations at
which the organization licensees are licensed to conduct race
meetings pursuant to the provisions of Section 205.2 of this title
located in counties with populations not exceeding four hundred
thousand (400,000) persons, according to the most recent Federal
Decennial Census, may each be licensed to operate not more than two
hundred fifty (250) player terminals in any year.
Subject to the limitations on the number of player terminals
permitted to each organization licensee, an organization licensee
may utilize electronic amusement games as defined in this act,
electronic bonanza-style bingo games as defined in this act and
electronic instant bingo games as defined in this act, and any type
of gaming machine or device that is specifically allowed by law and
that an Indian tribe in this state is authorized to utilize pursuant
to a compact entered into between the state and the tribe in
accordance with the provisions of the Indian Gaming Regulatory Act
and any other machine or device that an Indian tribe in this state
is lawfully permitted to operate pursuant to the Indian Gaming
Regulatory Act, referred to collectively as "authorized games". An
organization licensee's utilization of such machines or devices
shall be subject to the regulatory control and supervision of the
Commission; provided, the Commission shall have no role in oversight
and regulation of gaming conducted by a tribe subject to a compact.
The Commission shall promulgate rules to regulate the operation and
use of authorized gaming by organization licensees. In promulgating
such rules, the Commission shall consider the provisions of any
compact which authorizes electronic gaming which is specifically
authorized by law by an Indian tribe. For the purpose of paragraphs
1 and 2 of this subsection, the number of player terminals in an
authorized game that permits multiple players shall be determined by
the maximum number of players that can participate in that game at
any given time; provided, however, that nothing in this act
prohibits the linking of player terminals for progressive jackpots,
so long as the limitations on the number of permitted player
terminals at each organization licensee are not exceeded. Each
organization licensee shall keep a record of, and shall report at
least quarterly to the Oklahoma Horse Racing Commission, the number
of games authorized by this section utilized in the organization
licensee's facility, by the name or type of each and its identifying
number.
D. No zoning or other local ordinance may be adopted or amended
by a political subdivision where an organization licensee conducts
live horse racing with the intent to restrict or prohibit an
organization licensee's right to conduct authorized gaming at such
location.
E. For purposes of this act, "adjusted gross revenues" means
the total receipts received by an organization licensee from the
play of all authorized gaming minus all monetary payouts.
F. The Oklahoma Horse Racing Commission shall promulgate rules
to regulate, implement and enforce the provisions of this act with
regard to the conduct of authorized gaming by organization
licensees; provided, regulation and oversight of games covered by a
compact and operated by an Indian tribe shall be conducted solely
pursuant to the requirements of the compact.
G. If an organization licensee operates or attempts to operate
more player terminals which offer authorized games than it is
authorized to offer to the public by this act or the terms of its
license, upon written notice from the Commission, such activity
shall cease forthwith. Such activity shall constitute a basis upon
which the Commission may suspend or revoke the licensee's license.
The Commission shall promulgate any rules and regulations necessary
to enforce the provisions of this subsection.
H. This act is game-specific and shall not be construed to
allow the operation of any other form of gaming unless specifically
allowed by this act. This act shall not permit the operation of
slot machines, house-banked card games, house-banked table games
involving dice or roulette wheels, or games where winners are
determined by the outcome of a sports contest.
Added by Laws 2004, c. 316, § 3, State Question No. 712, Legislative
Referendum No. 335, adopted at election held on Nov. 2, 2004.
Amended by Laws 2005, c. 222, § 1, emerg. eff. May 25, 2005; Laws
2007, c. 158, § 2, eff. Nov. 1, 2007; Laws 2017, c. 115, § 1, eff.
July 1, 2017; Laws 2018, c. 11, § 1.‹ Prev All Oklahoma sections Next ›
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