As used in this subpart:

1. (1) “Affiliate” has the same meaning as defined in this part;

2. (2) “Breakage” means:

   1. (A) The rounding of a payout on a winning pari-mutuel wager, as determined by the track in accordance with the laws, rules, and regulations that are applicable to the jurisdiction in which the track operates;
   2. (B) Those deficiencies arising from payouts made pursuant to this part; or
   3. (C) Those deficiencies arising from the payment of a guaranteed payout pursuant to this part;
3. (3) “Commission on wagers” or “takeout” means the amount retained and not returned to patrons by a pari-mutuel book from the total amount of off-track pari-mutuel wagers;
4. (4) “Foreign track” means a track located outside of the United States;

5. (5) “Gross revenue” means:

   1. (A) The amount of the commission on wagers received by a licensee; plus
   2. (B) Positive breakage and the dollar amount of winning tickets that remain unpaid pursuant to this subpart; less
   3. (C) Negative breakage and the amount paid to a track for the right to be part of an interstate or intrastate common pari-mutuel pool (track fee);
6. (6) “Interstate common pari-mutuel pool” means a pari-mutuel pool consisting of the pari-mutuel wagers placed at a track, its intrastate betting locations, other jurisdictions, and the off-track pari-mutuel wagers placed and accepted at pari-mutuel books;
7. (7) “Intrastate common pari-mutuel pool” means a pari-mutuel wagering pool operated by a systems operator consisting solely of the wagers placed and accepted at two (2) or more pari-mutuel books on races at tracks;
8. (8) “Live audio-visual signal” or “simulcast” means the audio and visual transmission of a race, or series of races, as it occurs at a track;
9. (9) “Manual merge” means the process used in the event of a systems or communications failure by which the systems operator transmits to the track through telephone, telecopy, cellular, or other means of communication, the pari-mutuel books wagering information and the process by which the track includes the off-track pari-mutuel wagers in the interstate common pari-mutuel pool in such event; (10) “Nonpari-mutuel race wager” means a wager other than one (1) offered to be included in an interstate or intrastate common pari-mutuel pool;

10. (11) “Off-track pari-mutuel system” means a computerized system or component of a system that is used to transmit wagering data:

    1. (A) In an interstate common pari-mutuel system, to and from a track which offers interstate common pari-mutuel pools; or
    2. (B) In an intrastate common pari-mutuel system, between the pari-mutuel books and a systems operator, and includes the totalizator equipment used to determine the winners of and payoffs on intrastate common pari-mutuel pools;

11. (12) “Off-track pari-mutuel wager” means either:

    1. (A) A wager placed by a patron and accepted by a pari-mutuel book on a race or races offered as part of an interstate common pari-mutuel pool whether or not the wager is actually included in the total amount of the interstate common pari-mutuel pool; or
    2. (B) A wager placed by a patron and accepted by a pari-mutuel book on a race or races offered as part of an intrastate common pari-mutuel pool;

12. (13)

    1. (A) “Pari-mutuel book” means a race book that has received a license to accept off-track pari-mutuel wagers pursuant to the provisions of this subpart.
    2. (B) The term “pari-mutuel book” shall include pari-mutuel only books, unless stated otherwise within this subpart;
13. (14) “Pari-mutuel only book” means a race book that has received a license to accept off-track pari-mutuel wagers pursuant to the provisions of this subpart, but has elected not to accept nonpari-mutuel race wagers;
14. (15) “Post time” means “post time” as that term is defined in this part;
15. (16) “Source market fee” means a track fee paid for accepting wagering account wagers, in accordance with 23 CAR § 358-2401 et seq., from a customer residing in the track’s defined market area;
16. (17) “Systems operator” or “operator of a system” means a person engaged in providing the off-track pari-mutuel system or services directly related to the reconciliation of the interstate or intrastate common pari-mutuel pool and transfers of funds between the tracks and the pari-mutuel books, or among the pari-mutuel books;

17. (18)

    1. (A) “Track” means an out-of-state facility licensed to operate horse or other racing where pari-mutuel wagering on races is conducted, or a person licensed in another jurisdiction to conduct pari-mutuel wagering on such races.
    2. (B) Where applicable, the term also includes a person or governmental agency from outside this state that operates a track, holds a track’s rights to off-track pari-mutuel wagering, or shares in its revenues.
    3. (C) The term also includes an association of tracks;
18. (19) “Wagering data” means the information regarding results, actual payouts, and the amount of pari-mutuel and off-track pari-mutuel wagers accepted for each race or group of races in an interstate or intrastate common pari-mutuel pool; and
19. (20) “Wagering information” means the amount of off-track pari-mutuel wagers accepted for each race or group of races by a pari-mutuel book.