S.D. Admin. R. 20:04:33:01

Current through Register Vol. 50, page 159, June 17, 2024

Section 20:04:33:01 - Definitions

Words and phrases defined in §§ 20:04:31:01 and 20:04:32:01 have the same meaning when used in this chapter. Terms used in this article mean:

(1) "Account," an account for account wagering with a specific identifiable record of deposits, wagers, and withdrawals established by an account holder and managed by a hub licensee;

(2) "Account application," the form or forms and other required submissions received from an applicant with the intent of opening an account;

(3) "Account holder," a natural person who successfully completed an application and for whom a hub licensee has opened an account;

(4) "Account wagering," a process of making pari-mutuel wagers in which a natural person may deposit money in an account with a hub licensee and then uses the current balance to pay for pari-mutuel wagering conducted by the hub licensee;

(5) "Batch betting," a process where the wagering information for more than six wagering transactions is accumulated and sent in one data packet from the account holders computer or other electronic device to the multi-jurisdictional totalizator hubs wager processing server or to the totalizator providing service to the multi-jurisdictional totalizator hub with a single or no human transmittal action;

(6) "Bet streaming," a process where the wagering information for more than six wagering transactions is accumulated and sent as a data flow from the account holders computer or other electronic device to a multi-jurisdictional totalizator hubs wager processing server or to the totalizator providing service to the multi-jurisdictional totalizator hub with a single or no human transmittal action;

(7) "Confidential account information," includes:

(a) The amount of money credited to, debited from, withdrawn from, or present in any particular account holders account;

(b) The amount wagered by a particular account holder on any race or series of races;

(c) The account number and secure personal identification code or codes of a particular account holder;

(d) The identities of the particular entries on which the account holder is wagering or has wagered; and

(e) Unless otherwise authorized by the account holder the disclosure of the name, address, and other information in the possession of a hub licensee that identifies the account holder to anyone other than a representative of the commission;

(8) "Closed-loop subscriber based system," a device or combination of inter-connected devices authorized and operated exclusively for the purpose of receiving wagering information, placing, receiving, or otherwise making a wager; and to which a person must subscribe to be able to send wagering information to and have that information used to place, receive, or otherwise make a wager;

(9) "Computer robotic betting," a computerized process used to send the wagering information for more than six wagering transactions to a multi-jurisdictional totalizator hubs wager processing server or to the totalizator providing service to a multi-jurisdictional hub with a single or no human transmittal action;

(10) "Credits," all positive inflows of money to an account;

(11) "Debits," all negative outflow of money from an account;

(12) "Deposit," a payment of money by cash, check, money order, credit card, debit card, or electronic funds transfer made by an account holder to the account holder's account;

(13) "Hub," a multi-jurisdictional totalizator hub;

(14) "Hub contract," for the purposes of this chapter, a hub contract is any contract:

(a) Between licensees;

(b) Between a licensee and a nonlicensee that relates to the employment of licensed personnel;

(c) Between a licensee and a nonlicensee that relates to the acquisition or use of capital assets used by the licensee in the business of pari-mutuel wagering;

(d) Between a licensee and a nonlicensee that relates to the earnings or profits of the licensee from the business of pari-mutuel wagering;

(e) With a pari-mutuel facility; or

(f) Any other contract which affects the proprietary or financial interest of the licensee's business or license;

(15) "Hub employee," any person employed by a multi-jurisdictional totalizator hub licensee;

(16) "Independent real time monitoring system," a system approved by the commission for the purpose of immediate and continuous analysis of wagering and other pari-mutuel systems data in order to detect suspect wagering transactions or other activity indicating a possible problem relating to the integrity of the pari-mutuel system and which transmits transactional level data to a wagering security database;

(17) "Initial system audit," is a review both pre-installation and post-installation of the audio and visual simulcasting and wagering system proposed to be used by a multi-jurisdictional hub licensee;

(18) "Key employee," any executive, employee, or agent of a multi-jurisdictional totalizator hub licensee having the power to exercise a significant influence over decisions concerning any part of the operation of a hub licensee;

(19) "Multi-jurisdictional totalizator hub," any business through which a wager can be placed and entered into an intrastate or interstate pari-mutuel pool that is carried on the businesss wagering menu, by an individual who sends wagering transaction information either telephonically or by other electronic means directly to the business without using the facilities or equipment of a simulcast site and who has deposited funds into an account with the business prior to sending the wagering transaction information;

(20) "Natural person," any person at least 18 years of age, but does not include any corporation, partnership, limited liability company, trust, or estate;

(21) "Pari-mutuel facility," any racetrack, off-site location, account wagering company, or other location at which pari-mutuel wagers are accepted, made, paid, or processed;

(22) "Pari-mutuel ticket," a printed document or other electronic record which contains information pertaining to a pari-mutuel wager or wagers that have been authorized and accepted for purposes of participation in a pari-mutuel pool;

(23) "Principal residence address," that place where the natural person submitting an application for an account resides at least fifty percent of the time during the calendar year;

(24) "Proper identification," a form of identification accepted in the normal course of business establishing the identity of a person;

(25) "Rebating," a practice of crediting an account with money or sending an account holder money or funds in any manner based upon the amount of money the account holder wagers or accepting less than the full price of any wager placed;

(26) "Secure personal identification code," an alpha-numeric character code chosen by an account holder as a means of verification that a wager or account transaction is authorized by the account holder;

(27) "Wager processing server," a computer or an inter-connected group of computers through which all wagering transaction information is received, recorded, and routed to the totalizator and secondary recording devices for processing and combining with approved pari-mutuel pools;

(28) "Wagering transaction," a single wager stating the amount of money to be wagered, the type of wager, and the runner or runners to be wagered on. Each "win," "place," or "show" wager is considered one wagering transaction. Multiple runners in "daily doubles," "quinellas," "exactas," "trifectas," "pick-N," or other multi-horses or multi-greyhounds or multi-leg wagers can be "wheeled" or "boxed" into a single wagering transaction;

(29) "Withdrawal," a payment of money from an account by the hub licensee to the account holder when properly requested by the account holder;

(30) "Withdrawal slip," a form provided by a hub licensee for use by an account holder to withdraw funds from an account.

S.D. Admin. R. 20:04:33:01

32 SDR 32, effective 8/30/2005; 34 SDR 200, effective 1/29/2008; 38 SDR 172, effective 4/23/2012.

General Authority: SDCL 42-7-56(13)(15)(16).

Law Implemented: SDCL 42-7-56(13)(15)(16), 42-7-58.1.

Definitions, § 20:04:31:01. Definitions, § 20:04:32:01.