As used in this subpart:

1. (1)

   1. (A) “Account wagering system” means a system of wagering using computer or other method of wagering communication as approved by the Arkansas Racing Commission, including mobile applications and other digital platforms that utilize communications technology, whose components shall be located in this state.

   2. (B) The components shall include, but not be limited to:

      1. (i) The systems operator;
      2. (ii) Permanent information databases;
      3. (iii) System monitoring equipment; and
      4. (iv) Writers;
2. (2) “Book” means a race book or sports pool licensed and approved pursuant to The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100, and this subpart;

3. (3)

   1. (A) “Call center system” means a computerized system, or a component of such a system, that is used to provide technical support to a patron.
   2. (B) A call center system shall not be used to receive, transmit, or accept wagers from a patron to a licensed book;
4. (4) “Cash” means coin and currency that circulates, and is customarily used and accepted as money, in the issuing nation;
5. (5) “Commission” means the Arkansas Racing Commission or the commission’s designee;

6. (6) “Communications technology” means the methods used and the components employed to facilitate the transmission of information including, but not limited to, transmission and reception systems based on:

   1. (A) Wire;
   2. (B) Cable;
   3. (C) Radio;
   4. (D) Microwave;
   5. (E) Light;
   6. (F) Optics;
   7. (G) Cellular data; or
   8. (H) Computer data networks and the internet;
7. (7) “Internet” means the international computer network of both federal and nonfederal interoperable packet switched data networks;
8. (8) “Key employee” means an employee in any of the classes described in 23 CAR § 358-401 et seq.;
9. (9) “Messenger bettor” means a person who places a race book or sports pool wager for the benefit of another for compensation;
10. (10) “Nonpari-mutuel wager” means a race book or sports pool wager other than one (1) offered to be included in a common pari-mutuel pool;

11. (11)

    1. (A) “Operator of a call center” means a person who, as an agent of a licensed Arkansas book, engages in the business of operating a call center system as a means of providing patron services to assist a patron located in this state.
    2. (B) An operator of a call center does not receive, transmit, or accept wagers;

12. (12)

    1. (A) “Online sports pool” means an operation in which wagers on sports events are made over the internet on websites or mobile applications through computers, mobile devices, or other approved interactive devices accepted through a gaming system approved by the Arkansas Racing Commission.
    2. (B) In order to operate an online sports pool, a casino licensee must first operate and continue to operate a sports pool from the casino licensee’s premises.
    3. (C) Further, operation of an online sports pool shall be prohibited in circumstances in which a majority of the net casino gaming receipts, as defined in Amendment 100, from the online sports pool is paid to a third-party vendor assisting in the operation of the sports pool;
13. (13) “Online sports pool operator” means a casino licensee that has elected to operate an online sports pool or a sports pool operator intermediary operating an online sports pool on behalf of a casino licensee;
14. (14) “Online sports pool platform” means an integrated system of hardware, software, or applications through which an online sports pool operator operates, conducts, or offers an online sports pool;

15. (15) “Payout” means the total payment due on a winning wager whether or not:

    1. (A) The patron collects the total payment due at one (1) time;
    2. (B) All or a portion of the payment due is made in the form of cash, chips, or other form of payment; or
    3. (C) All or a portion of the payment due is used by the patron to place another wager;

16. (16) “Post time” means, unless an earlier time is required by rule or regulation in the state where the race is run:

    1. (A) For users of live broadcasts and for buyers of audible announcements of post time from disseminators of live broadcasts, the later of either the time when the disseminator transmits an audible announcement of the post time, or when the race is started by, as applicable, the opening of the gates and/or box, the starting gate car begins to close its arms, or such other method used by the track and administratively approved by the Arkansas Racing Commission;
    2. (B) For races broadcast live on a national television network for which an agreement has been reached with a disseminator to provide an audible announcement of post time, that time when the disseminator relying upon information obtained independently of the television broadcast, transmits an audible announcement of post time which must be no later than when the race is started by, as applicable, the opening of the gates and/or box, the starting gate car begins to close its arms, or such other method used by the track and administratively approved by the commission;
    3. (C) For licensed race books that, pursuant to an agreement with a licensed systems operator, use a computerized bookmaking system that allows the systems operator to close wagering via electronic remote access, that time when the race is started by, as applicable, the opening of the gates and/or box, the starting gate car begins to close its arms, or such other method used by the track and administratively approved by the commission, as determined by the systems operator through information the systems operator independently receives from a disseminator; and
    4. (D) Except as provided in subdivisions (16)(A) – (C) of this section, not later than two (2) minutes before the scheduled post time as announced by the disseminator;

17. (17)

    1. (A) “Race book” means a business that accepts wagers on horse or other animal races.
    2. (B) A casino licensee that is also a franchise holder may elect to have its race book operations relating to pari-mutuel wagering on horse and greyhound racing regulated and governed by the Arkansas Horse Racing Law, Arkansas Code § 23-110-101 et seq., or the Arkansas Greyhound Racing Law, Arkansas Code § 23-111-101 et seq., respectively, and rules promulgated by the Arkansas Racing Commission thereunder and not by this part;
18. (18) “Secure personal identification” means a secure personal identification as that term is defined in this part;

19. (19)

    1. (A) “Sports event” or “sporting event” means any:

       1. (i) Professional sport or athletic event;
       2. (ii) Amateur sport or athletic event;
       3. (iii) Collegiate sport or athletic event; or
       4. (iv) Motor race event.

    2. (B) Sports events upon which wagers may be accepted under this part:

       1. (i) Shall only include athletic sports events conducted live by human athletes, including race car drivers; and
       2. (ii) Shall not include any virtual or simulated event, or event conducted in the past and rebroadcast for wagering purposes;
20. (20) “Sports pool” means a business that accepts wagers on sporting events other than horse or other animal races;
21. (21) “Wagering account” means a sports wagering account as that term is defined in this part;
22. (22) “Wagering communication” means the transmission of a wager between a point of origin and a point of reception by aid of a communications technology, including computers or mobile application on mobile devices or other approved interactive devices approved by the Arkansas Racing Commission; and
23. (23) “Wagering instructions” means the instructions given by a patron on the grounds of the licensee’s facility where casino gaming is conducted or who maintains a mobile wagering account at a book to effect a wagering communication to the book.