§275-A. Definitions






As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings. [1997, c. 528, §13 (AMD).]








1. Commercial track. 
"Commercial track" means a harness horse racing track licensed under this chapter
to conduct harness horse racing with pari-mutuel wagering that:





A. If the population of the region is 300,000 or more, based on the 1990 U.S. Census,
conducted racing on more than 100 days in each of the previous 2 calendar years, except
that if a racetrack that qualifies as a commercial track under this paragraph ceases
operation, a separate racetrack operated by the owner or operator of the racetrack
that ceased operation qualifies as a commercial track, and for all purposes is considered
the same commercial track as the track that ceased operation, if the population of
the region of that separate racetrack is 300,000 or more, based on the 1990 U.S. Census,
and the sum of the number of days on which racing was conducted at the track that
ceased operation and the number of days on which racing was conducted at the separate
racetrack equals at least 100 days in each of the 2 preceding calendar years; [2013, c. 490, §3 (AMD).]










B. If the population of the region is less than 300,000, based on the 1990 U.S. Census,
conducted racing on more than 25 days in each of the previous 2 calendar years, except
that if a racetrack that qualifies as a commercial track under this paragraph ceases
operation, a separate racetrack operated by the owner or operator of the racetrack
that ceased operation qualifies as a commercial track, and for all purposes is considered
the same commercial track as the track that ceased operation, if the population of
the region of that separate racetrack is less than 300,000, based on the 1990 U.S.
Census, and the sum of the number of days on which racing was conducted at the track
that ceased operation and the number of days on which racing was conducted at the
separate racetrack equals at least 26 days in each of the 2 preceding calendar years; [2013, c. 490, §3 (AMD).]










C. Began operation after January 1, 2014 in a region with a population of 300,000 or
more, based on the 1990 U.S. Census, to replace a commercial track as defined by paragraph
A that ceased operation after January 1, 2014 and for which no separate racetrack
has been opened by the owner or operator of that commercial track that ceased operation.
For purposes of this paragraph, a racetrack is not required to have conducted racing
during the 2 preceding calendar years but is required to conduct racing on at least
100 days during each calendar year after the track is initially licensed as a commercial
track. If a commercial track under this paragraph has not been granted 100 race days
by the commission for the initial calendar year of operation, race days conducted
during that year by the commercial track that ceased operation after January 1, 2014
are credited to the replacement commercial track; or [2013, c. 490, §3 (NEW).]










D. Began operation after January 1, 2014 in a region with a population of less than 300,000,
based on the 1990 U.S. Census, to replace a commercial track as defined by paragraph
B that ceased operation after January 1, 2014 and for which no separate racetrack
has been opened by the owner or operator of that commercial track that ceased operation.
For purposes of this paragraph, a racetrack is not required to have conducted racing
during the 2 preceding calendar years but is required to conduct racing on at least
25 days during each calendar year after the track is initially licensed as a commercial
track. If a commercial track under this paragraph has not been granted 25 race days
by the commission for the initial calendar year of operation, race days conducted
during that year by the commercial track that ceased operation after January 1, 2014
are credited to the replacement commercial track. [2013, c. 490, §3 (NEW).]







For the purposes of this subsection, "region" is determined by measuring a distance
of 50 miles from the center of the racing track along the most commonly used roadway,
as determined by the Department of Transportation, drawing a circle around the center
of the racing track using that 50-mile measurement and excluding those municipalities
or unorganized territories that do not have boundaries contained entirely by that
circle.


[
2013, c. 490, §3 (AMD)
.]








1-A. Commercial meet. 
"Commercial meet" means harness horse racing conducted live at a commercial track.


[
1995, c. 408, §4 (NEW)
.]








1-B. Commission; agency. 
"Commission," with regard to an agency, means the State Harness Racing Commission.


[
1997, c. 528, §14 (NEW)
.]








1-C. Commission; wagers. 
"Commission," with regard to wagers, means all amounts not paid or payable to persons
winning wagers.


[
1997, c. 528, §14 (NEW)
.]








1-D. Commissioner. 
"Commissioner" means the Commissioner of Agriculture, Conservation and Forestry.


[
1997, c. 528, §14 (NEW);
2011, c. 657, Pt. W, §6 (REV)
.]








2. Commissions. 




[
1997, c. 528, §15 (RP)
.]








3. Common pool or commingled pool. 
"Common pool" or "commingled pool" means a pool in which wagers placed at more than
one location are merged for purposes of determining the payout on winning wagers.


[
1993, c. 388, §8 (NEW)
.]








3-A. Department. 
"Department" means the Department of Agriculture, Conservation and Forestry.


[
1997, c. 528, §16 (NEW);
2011, c. 657, Pt. W, §5 (REV)
.]








4. Exotic wagers. 
"Exotic wagers" means wagers in which the bettor selects 2 or more horses in one
or more races in a single wager.


[
1993, c. 388, §8 (NEW)
.]








5. Extended meet. 
"Extended meet" means a series of harness horse races, except harness horse races
conducted by an agricultural society at the time of its annual fair.


[
1993, c. 388, §8 (NEW)
.]








6. Licensee. 
"Licensee" means a person licensed under section 271 or section 275-D to conduct
pari-mutuel wagering on horse racing in this State.


[
1993, c. 388, §8 (NEW)
.]








7. Municipal officers. 
"Municipal officers" has the same meaning as in Title 28-A, section 2, subsection
21 except that, when an off-track betting facility is proposed in an unincorporated
location, the term "municipal officers" means the county commissioners of the county
in which the facility is to be located and the term "municipality" means the unincorporated
location.


[
1993, c. 388, §8 (NEW)
.]








7-A. Net commission.  
"Net commission" means the total commission less 4% of the amount wagered.


[
2015, c. 200, §1 (NEW)
.]








8. Off-track betting facility. 
"Off-track betting facility" means a facility other than a racetrack at which a
person is licensed to conduct pari-mutuel wagering on simulcast racing.


[
1993, c. 388, §8 (NEW)
.]








9. Off-track betting licensee. 
"Off-track betting licensee" means a person who has obtained a license to conduct
pari-mutuel wagering at an off-track betting facility.


[
1993, c. 388, §8 (NEW)
.]








9-A. Race date. 
"Race date" means a scheduled racing program of not less than 8 separate live races.
In the event of cancellation of a portion of the scheduled racing program due to weather,
power failure or a decision to cancel by the presiding judge on duty, a minimum of
5 live races actually raced constitutes a race date. If a licensee schedules separate
programs for both an afternoon and an evening on the same calendar day and each program
qualifies as a race date under this subsection, that licensee is granted one race
date for each program.


[
1995, c. 408, §5 (NEW)
.]








10. Racing licensee. 
"Racing licensee" means a person who is authorized under section 271 to conduct
harness horse racing in this State.


[
1993, c. 388, §8 (NEW)
.]








10-A. Regular meeting. 
"Regular meeting" means the period of time from the first date a licensee is authorized
to conduct live racing through the last date a licensee is authorized to conduct live
racing, excluding periods of time longer than 14 days when the licensee is not authorized
to conduct live racing. Notwithstanding this subsection, the regular meeting of a
licensee that is licensed to conduct live racing in at least 6 separate calendar months
includes the entire calendar year.


[
1995, c. 408, §6 (NEW)
.]








11. Regular wagers. 
"Regular wagers" means wagers other than exotic wagers.


[
1993, c. 388, §8 (NEW)
.]





SECTION HISTORY

1993, c. 388, §8 (NEW).
1995, c. 408, §§4-6 (AMD).
1997, c. 474, §3 (AMD).
1997, c. 474, §6 (AFF).
1997, c. 528, §§13-16 (AMD).
1999, c. 482, §2 (AMD).
1999, c. 482, §10 (AFF).
2003, c. 401, §10 (AMD).
2011, c. 657, Pt. W, §§5, 6 (REV).
2013, c. 490, §3 (AMD).
2015, c. 200, §1 (AMD).