Wyo. Code R. 038-0001-10
Pari-Mutuel
Chapter 10: Simulcasting
Effective Date: 04/13/2009 to 05/11/2011
Rule Type: Superceded Rules & Regulations
Reference Number: 038.0001.10.04132009
The Commission finds that the racing, breeding and pari-mutuel wagering industry is an important sector of the agricultural economy of this state, provides substantial revenue for state and local governments, and employees hundreds of state residents. Protection of the betting public is the primary objective of the Commission.
(a) ASSOCIATION WHICH ACCEPTS THE WAGER means the guest association where the bettor contributes his money to the pari-mutuel pool and receives a pari-mutuel ticket.
(b) AUTHORIZED USER means a person authorized by the Commission to receive, to decode and to use for legal purposes the encrypted simulcast signal of pari-mutuel events.
(c) COMBINED PARI-MUTUEL POOLS (combined pools) means the pari-mutuel wagers at one or more guest associations being contributed into the pari-mutuel pools of a host association or the combined pari-mutuel pools of simulcast facilities within the state of Wyoming.
(d) COMMISSION means the Wyoming Pari-Mutuel Commission.
(e) DECODER means a device and/or means to convert encrypted audio-visual signals and/or data into a form recognizable as the original content of the signals.
(f) DOWNLINK means a receiving antenna coupled with an audio-visual signal receiver compatible with and capable of receiving simultaneous audio-visual signals and/or data emanating from a host association, and includes the electronic transfer of received signals from the receiving antenna to TV monitors within the satellite facility.
(g) ENCLOSURE, ENCLOSURE-PUBLIC, includes all enclosed areas of the simulcast wagering facility.
(h) ENCRYPTION (encrypted or encoded) means the scrambling or other manipulation of the audio-visual signals to mask the original content of the signal and so cause such signals to be indecipherable and unrecognizable to any person receiving such signal.
(i) GUEST, GUEST ASSOCIATION or SIMULCAST OPERATOR means an association simulcast licensee authorized by the Commission to offer, sell, cash, redeem or exchange pari-mutuel tickets on races being run at a host association.
(j) HOST or HOST ASSOCIATION means the racing association conducting a licensed horse racing meeting when it is authorized by the Commission to simulcast its racing program. It may also be considered the sending track which means any track from which simulcast signals originate.
INTERSTATE SIMULCAST WAGERING means wagering conducted by a betting system outside the state of Wyoming on the results of one or more races being run at a Wyoming host association or wagering conducted by a betting system within the state of Wyoming on the results of one or more races being run at a host association outside the state of Wyoming.
(l) INTRASTATE SIMULCAST WAGERING means pari-mutuel wagering at a Wyoming guest association on Wyoming events at a Wyoming host association.
(m) OUT-OF-STATE WAGERING means acceptance of wagers by a host or guest association in Wyoming on the results of races run at a race meeting outside the state of Wyoming. Nothing in these rules shall be deemed to include acceptance of wagers by telephone, telegraph, radio, or in any manner other than in cash or other authorized method at a pari-mutuel machine operated by one authorized pursuant to Wyoming law and these rules.
(n) SATELLITE FACILITY, intrastate wagering facility, extended wagering facility means the physical premises, structure and equipment utilized by a guest association for the conduct of pari-mutuel wagering on horse racing events being run elsewhere.
(o) SATELLITE TRANSPONDER, transponder means leased space segment time of an earth-orbit communication satellite.
(p) SIMULCAST means the simultaneous telecast of audio and visual signals of running horse races and other permitted pari-mutuel events conducted for the purposes of pari-mutuel wagering.
(q) SIMULCAST OPERATOR means a person licensed by the Commission to operate a simulcast wagering system as provided for by these rules.
(r) SIMULCAST SERVICE SUPPLIER means a person engaged in providing service, supplies or equipment necessary to the operation of intrastate, interstate or out-of-state simulcast wagering for use by a host association, guest association, simulcast operator, or authorized user, including pari-mutuel wagering terminals, uplink, downlink, television receivers and related equipment; but does not include persons authorized by the Federal Communications Commission to provide telephone service or space segment time on satellite transponders.
(s) UPLINK means an earth station broadcasting facility, whether mobile or fixed, which is used to transmit audio-visual signals and/or data on FCC-controlled frequencies, and includes any electronic transfer of the audio-visual signals from within the racing enclosure to the location of the transmitter at the uplink.
(a) The state Pari-Mutuel Commission shall have general jurisdiction over the simulcasting of horse races within the state, and the Commission may issue rules and regulations in accordance with the provisions of this article as provided for in Wyoming Statutes.
(a) Any racing association or corporation authorized to conduct pari-mutuel wagering under this chapter, desiring to display the simulcast of pari-mutuel events on which pari-mutuel betting shall be permitted in the manner and subject to the conditions provided for under these rules may apply to the Commission for a license. Applications for licenses shall be in such form as may be prescribed by the Commission and shall contain such information or other material or evidence as the Commission may require. The fee for such licenses shall be two hundred ($200.00) dollars per race day payable by the licensee to the Commission.
(c) Before the Commission may grant such license, it shall review and approve a plan of operation submitted by an applicant including, but not limited to, the following information:
(i) A feasibility study denoting the revenue earnings expected from the simulcast facility and the costs expected to operate such facility. The feasibility study shall include:
(A) The number of simulcast races to be displayed. (B) The types of wagering to be offered.
(C) The level of attendance expected and the area from which such attendance will be drawn.
(D) The level of anticipated wagering activity.
(E) The source and amount of revenues expected from other than pari-mutuel wagering.
(F) The cost of operating the simulcast facility and the identification of costs to be amortized and the method of amortization of such costs.
(G) The probable impact of the proposed operation on revenues to local government.
(ii) The security measures to be employed to protect the facility, to control crowds, to safeguard the transmission of the simulcast signals and to control the transmission of wagering data to effectuate common wagering pools.
(iii) The type of data processing, communication and transmission equipment to be utilized.
(iv) The description of the management groups responsible for the operation of the simulcast facility.
(v) The system of accounts to maintain a separate record of revenues collected by the simulcast facility, the distribution of such revenues and the accounting of costs relative to the simulcast operation.
(vi) The location of the facility and a written confirmation from appropriate local officials that the location of such facility and the number of patrons expected to occupy such facility are in compliance with all applicable local ordinances.
(vii) The written agreements and letters of consent between specified parties pursuant to Wyoming Statute.
(c) Final approval of a satellite facility within each county shall come from the county commissioners board and such approval shall be filed with the Commission prior to the conducting of simulcasting in that county.
(d) The Commission shall use the following decisional criteria in the approval or disapproval of an application for simulcast operator.
(i) The operator's general benefit to the state of Wyoming.
(ii) The operator's general benefit to the state of Wyoming's horse racing industry.
(iii) The operator's integrity:
(A) Individual and corporate conduct.
(B) Criminal history.
(C) Betting and gaming industry conduct.
(iv) The operator's credibility:
(A) Accuracy of a feasibility study.
(B) Experience and expertise of the operator in the simulcast industry.
(v) Financial stability.
(a) Every Wyoming pari-mutuel track simulcasting its racing program shall contract with a simulcast operator (and/or simulcast service suppliers) for the purpose of providing authorized users with its simulcast.
(b) A racing association is responsible for the content of its simulcast and shall use all reasonable effort to present a simulcast which offers the viewers an exemplary depiction of its racing program, a periodic display of wagering information, and continuity programming between horse racing events.
(c) Unless otherwise permitted by the Commission, every simulcast will contain in its video content a digital display of the actual time of day, the name of the race track from where it emanates the number of the race being displayed and the sequential fractional time of the race as the race is being run.
(a) Every person acting as a simulcast operator within Wyoming shall procure a license from the Commission and no person shall act in the capacity of a simulcast operator without a valid license. Such license may be renewed annually unless the application is denied for any cause justifying suspension or revocation of license for violation of these rules.
(i) Submits a financial statement as required by the Pari-Mutuel Commission.
(ii) Posts with the Commission a surety in the amount of $100,000 in such form as Wyoming statutes require to ensure payment of distributable amounts of pari-mutuel pools pursuant to statute, operational costs, salaries, wages, benefits, and related financial obligations.
(iii) Demonstrates experience and or adequate knowledge of the conduct of simulcast wagering and/or pari-mutuel wagering operations.
(iv) Pays a license fee in the amount of two hundred ($200.00) dollars for each race day.
(b) No license as simulcast operator shall be granted to:
(i) Any nonprofit corporation or nonprofit organization entitled to an exemption from any tax imposed by this state.
(ii) A person or entity who has failed, refused or neglected to comply with any rule, regulation, condition of license, or order of the Commission or its stewards reasonably related to its conduct as a simulcast operator, or who has engaged in any activity which is grounds for denial, suspension or revocation of license pursuant to the rules of the Commission or whose general partners, officers, directors, or employees have engaged in any unlawful activity determined to be conduct detrimental to the best interests of horse racing.
(c) There shall be no limitation as to the number of days a licensee may operate except as may otherwise be provided for within these rules or Wyoming Statutes.
(a) A simulcast operator conducts and operates a pari-mutuel wagering system at one or more guest associations on the results of horse races being held or conducted and simulcast from the enclosures of one or more host associations pursuant to its agreement with such guest and host association and with the approval of the Commission.
(b) A simulcast operator shall provide:
(i) Adequate transmitting and/or receiving equipment which shall not interfere with the closed circuit TV system of the host track association for officiating any on-track patron information. All to be acceptable broadcast quality and meet applicable Federal Communication Commission and Commission regulations and orders. Said equipment may include approved microwave transmitters, with appropriate safeguards, as approved by the Commission.
(ii) Pari-mutuel terminals, pari-mutuel odds display, modems and/or switching units enabling pari-mutuel data transmissions, and data communication between the sending and the receiving associations.
(c) A simulcast operator shall conduct the pari-mutuel wagering at a guest association pursuant to the applicable Commission rules.
(d) The Commission shall appoint at least one steward to supervise all approved simulcast facilities and may require additional stewards as is reasonably necessary for the protection of the public interest.
(e) The simulcast operator shall, for a period of one year, retain a video record of all simulcasts, in good form, and shall provide a copy of such record on a ½' V.H.S. video cassette to the Commission at its request.
(f) Not less than 30 minutes prior to the commencement of transmission of the racing program for each day or night, the simulcast operator shall initiate a test program of its transmitter, encryption and decoding, and data communication to assure proper operation of the system.
(g) The simulcast operator shall, at the request of any representative of the Commission, display a listing of all locations within this state enabled to receive the simulcast in decoded forms; and failure to do so is grounds for immediate summary suspension of license and immediate cessation of simulcasting activities.
(h) The simulcast operator shall maintain such security controls over its uplink and communications system as directed by the Commission.
(i) The simulcast operator shall, in conjunction with the host association or associations for which it operates pari-mutuel wagering, provide the Commission with a certified report of its pari-mutuel operations as directed by the Commission.
(j) Every simulcast operator shall file with the Commission an annual report of its simulcast operations and an audited financial statement(k) The simulcast operator shall not operate a simulcasting facility during the time a live pari-mutuel event is being performed within the state if such facility is within 100 miles of the live event as per Wyoming Statutes. During the time of such live event, the simulcasting operator shall offer simulcasting at each live pari-mutuel event as the Commission may require. (See also Chapter X, Section 7. (g).)
(a) When conducting out-of-state and interstate wagering, the following conditions shall also apply:
(i) A racing association, guest association, or simulcast operator may conduct simulcast wagering on the results of one or more races conducted by an out-of-state racing association provided:
(A) The association intending to conduct wagering on an out-of-state race files with the Commission a copy of the agreement with the out-of-state association and any written approvals required by the Commission including Chapter 57, Section 3001, of Title 15 of the United States Code and any other applicable federal laws, and a statement setting forth the date and time it intends to commence accepting wagers on the out-of-state race or races.
(B) The Commission approves the methods by which the out-of-state association intends to transmit the simulcast of its race or races and the restrictions, if any, placed on the use of such simulcast, and the methods to be used to assure a separate voice communication system between its steward and the stewards or placing judges at the track where the race or races are held.
(ii) A racing association may authorize use of its simulcast for interstate wagering by out-of-state betting systems provided:
(A) The association files with the Commission a copy of the agreement with the out-of-state betting system which sets forth the payment to the association for use of its simulcast, and of any agreements required by Chapter 57, including Section 3001, of Title 15 of the United States Code.
(b) All simulcast must comply with Chapter X of the administrative Rules of the Pari-Mutuel Commission.
(c) Wagering shall be permitted only on races conducted at approved locations at pari-mutuel tracks governed by state racing commission, racing board or other governmental agency.
(d) If a simulcasting facility has an interruption in its audio/visual signal, the race may be deemed no contest at the discretion of the assigned steward and all wagers at the facility in such instances shall be refunded.
(e) All wagers are made on the official results of the hosting tract.
(f) The wagers bet on races which are set up by the simulcast operator at live pari-mutuel event facilities shall contribute to the live pari-mutuel event pool. (See Chapter X, Section 6. (k).)