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S.I. No. 133 of 2002 |
MINISTRY OF TOURISM |
THE LOTTERIES AND GAMING ACT |
(Chapter 351) |
THE LOTTERIES AND GAMING |
(PARI-MUTUEL WAGERING)
REGULATIONS, 2002 |
The Minister in exercise of the
powers conferred by section 66 of the Lotteries and Gaming Act makes the
following regulations - |
1. These regulations may be
cited as the Lotteries and Gaming (Pari-Mutuel Wagering) Regulations, 2002. | Citation. |
| Interpretation. |
"Act" means the Lotteries and Gaming
Act; | Ch. 351. |
"Board" means the Gaming Board; |
"breakage" means the odd cents over a
multiple of five or ten cents arising from the computation of payouts
("positive breakage") or the cents necessary to raise the payout to
the minimum permitted ("negative breakage"); |
"dedicated line" means a telephone line
which is reserved exclusively for transmitting Pari-mutuel wagering data
between a casino pari-mutuel facility and a hub and between a hub and a
track; |
"delay period" means the time between
off-time and the start of a race; |
"gross pool" means the total amount of
money wagered on the outcome of a particular event without any deduction
therefrom; |
"hub" means a facility which acts as an
intermediary between a casino pari-mutuel facility and a track for the
transmission of wagering data and which is responsible for generating all
reports necessary for the reconciliation of payments between casinos and tracks
and performs other functions including the transmission of pictures of horse
races and non-wagering data; |
"insufficient pari-mutuel pool" means a
pool in which insufficient monies have been wagered to permit the minimum pay-offs
of winning wagers; |
"manual merge" means the process used in
the event of a systems or communications failure by which a hub transmits
wagering information to a track by telephone, facsimile machine, cellular
telephone or other means of communication and the process by which the track
includes such wagers in the common pool in such circumstances; |
"off-time" means the time when the last
horse or dog is loaded into the starting gate in a horse or dog race or when
the starting gate car begins to move in a harness race or, if there is no
starting gate or starting gate car, approximately fifteen seconds before the
anticipated start of the race; |
"pari-mutuel cashier" means a casino
employee who sells pari-mutuel tickets, sells vouchers, pays cash for vouchers
and makes pay-outs in a casino pari-mutuel facility; |
"pari-mutuel wagering" means a system by
which all wagers on a specific outcome are pooled together and shared by those
making the correct choice, less a commission; |
"pool definition" means a computer
generated print-out provided by a track of the pari-mutuel wagering format and
scratch information for that day's racing programme; |
"scratch" means the removal of an entered
horse or dog from a race; |
"simulcasting" means the simultaneous
transmission by pictures of races conducted at race tracks to casino licensees
and pari-mutuel wagering at casino simulcasting facilities operated by casino
licensees on the results of those races; |
"take-out" means the amount of a pool
retained by the operator; |
"totalisator" means a computer which,
directly or indirectly through one or more other totalisators, receives
pari-mutuel wagering information, calculates pay-offs for winning tickets and
generates reports with respect to such information, and may refer to the linked
computers of the casino, the hub and the track; |
"track" means a horse racing, harness
racing or dog racing track which is equipped to include external pari-mutuel wagers
in its pool and which has been approved by the Board; and |
"voucher" means a ticket issued by a
pari-mutuel cashier or a machine in a pari-mutuel facility which can be
exchanged for cash or for value when making a wager. |
3.(1) A casino may conduct
pari-mutuel wagering in accordance with the Act provided that there is
simultaneous transmission of pictures of the races on which wagers are placed. | Agreements with tracks. |
(2) No other form of gaming may be
conducted within the pari-mutuel wagering area except for Sports Betting. |
(3) A casino which conducts
pari-mutuel wagering shall do so through a hub. |
(4) Pari-mutuel wagering in a
casino shall be restricted to pools at tracks which have been approved in
writing by the Board. |
4.(1) An agreement for the conduct of
pari-mutuel wagering between a casino and a track shall be in writing and shall
be filed with the Board. | The conduct of pari-mutuel wagering. |
(2) No pari-mutuel wagering shall
be conducted with a pool without the written approval of the Board of such an
agreement between the casino and the track. |
(3) Any such agreement referred to
in subparagraph (1) shall define and provide for - |
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(c) live transmission of races; |
(d) provision of racing information; |
(e) arrangements for payment between
the track, the hub and the casino; |
(f) accounting records and reconciliations; |
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(j) dedicated lines and fall-back
arrangements for communication between the hub and the tracks; |
(k) manual merge in the event of a
system failure; |
(l) responsibility and compensation
for errors, |
and such other matters as the parties may wish
to define and provide for and which are approved by the Board. |
5. Pari-mutuel wagering shall be
conducted only in the area designated and approved in writing by the Board as
suitable in all respects including, but not limited to location, fixtures and
fittings, general standard of comfort, security, surveillance and equipment. | Wagering limited to designated area. |
6. No fee shall be charged for
placing a wager in addition to the amount wagered. | No fee to be charged. |
7.(1) A winning pari-mutuel ticket or
credit voucher may only be presented for cashing at a pari-mutuel window or at
a self service pari-mutuel machine in the pari-mutuel facility of the casino at
which a ticket or voucher was issued. | Ticket claims. |
(2) Payment of a winning wager
will be made only upon presentation of appropriate pari-mutuel tickets. |
(3) No claim shall be considered
for tickets which have been discarded, lost, altered, destroyed or mutilated
beyond identification. |
8.(1) A winning pari-mutuel ticket
shall be presented for payment within six months of the date of issue after
which it ceases to be valid. | Expiration of pari-mutuel tickets. |
(2) Notice of the expiration
provision shall he prominently posted in the casino and printed on each
pari-mutuel ticket sold. |
9.(1) Except as provided in
subparagraph (3) of this regulation, sums wagered in a casino on horse, harness
or dog racing shall he combined with the pool of an approved track and the
types of wagering, takeout, distribution of winnings and rules of racing shall
be determined in accordance with the law or policy applicable to that track. | Operation of pools. |
(2) A casino may join a common
pool with tracks or entities in states or countries other than the state and
country of the track at which the race or pool is located. |
(3) A casino shall pay at least
one dollar and five cents for each winning dollar wagered. |
(4) A casino shall bear the loss
of any negative breakage and may retain any positive breakage. |
(5) A casino shall pay winning
wagers in accordance with the official results at the track operating the pool
whether or not the related wagering information from the casino was included in
the pool. |
10. Receipts in respect of
positive breakage (less negative breakage) or from outstanding pari-mutuel
tickets which are cancelled, or from "lost" tickets shall constitute
part of the gross winnings of a casino for the purposes of taxation. | Taxation. |
11.(1) The transmission of data between
the casino and the hub, and between the hub and individual tracks, shall be by
dedicated lines. | Dedicated lines between the casino,
the hub and tracks. |
(2) There shall be a minimum of
one back-up line in a casino and such number of hack-up lines as the Board may
approve in the hub. |
(3) The back-up lines referred to
in paragraph (2) may be dial-up lines. |
(4) Each approved track shall have
a cellular phone in its totalisator room. |
12. The pari-mutuel counter in the
casino, the hub facility and the totalisator room at each approved track shall
have available a facsimile machine and a direct dial-up telephone line. | Facsimile machines and telephone
lines. |
13.(1) Prior to the start of wagering
on a race, the track shall transmit a pool definition to the casino. | Pool definition. |
(2) Upon receipt of the pool
definition, pari-mutuel machines at the casino may be opened for wagering. |
14. A track shall inform the
casino via the hub as quickly as possible of any scratches or other pool change
information after wagering has started and shall verify such information
immediately by facsimile. | Cancellation of tickets. |
15.(1) All pari-mutuel machines in the
casino shall be locked at off-time. | Locking of pari-mutuel machines and
end of wagering. |
(2) No ticket may be issued after
the totalisator has been locked or wagering has ceased, which ever occurs
first. |
(3) Wagering shall cease not later
than off-time. |
16.(1) Except as provided in this
regulation, no pari-mutuel ticket shall be cancelled. | Scratches. |
(2) A pari-mutuel ticket with the
value of five hundred dollars or less may be cancelled at any time prior to
off-time. |
(3) A pari-mutuel ticket of any
value may be cancelled before the end of the delay period if the customer has
not left the pari-mutuel window at which the ticket was purchased or if the
customer left the window without paying for or accepting the ticket. |
(4) A pari-mutuel ticket of any
value may be cancelled before the off-time if the ticket is on a wager where
probable payoffs or odds are not displayed to the public. |
(5) A pari-mutuel ticket of any
value may he cancelled if the ticket is on an advance race and the race immediately
preceding the race for which the cancellation has been requested has not been
declared official. |
(6) A pari-mutuel ticket with a
value of more than five hundred dollars which is not otherwise cancellable
under the provisions of this regulation may he cancelled by a pari-mutuel shift
supervisor if, after consultation with the hub, he or she determines that the
cancellation will not significantly alter the related pool. |
(7) The factors to be considered
before approving or disapproving a cancellation request include the size of the
pool, the reason for the requested cancellation, current odds, minutes to the
start of the race, and any late changes such as track conditions or jockey (or
driver) changes. |
17.(1) A pari-mutuel ticket on a horse
or dog that is scratched may be refunded. | Refund. |
(2) Pari-mutuel tickets
representing wagers involving more than one horse or dog may be refunded only
as to the combinations including the scratched horse or dog. |
18. A casino which conducts wagering
shall prominently display the approximate odds for each horse or dog in a race
for the purpose of informing patrons of the actual wagering on each horse or
dog. | Display of odds. |
19.(1) If for any reason pari-mutuel
machines are closed during the wagering before off-time, they shall remain
closed until after the race. | Pari-mutuel machines closed. |
(2) Wagering shall cease on that
race and the payoffs for that race should be computed on the sums then wagered
in each pool. |
(3) In the event that a
pari-mutuel ticket issuing machine is inadvertently closed for any reason, it
may only be re-opened in the presence of a Gaming Board Representative. |
20. The cost of overpayment caused
by totalisator error, shall be borne by the operator of the totalisator
equipment causing the error, and a provision to this effect shall be included
in every agreement between a casino and a track. | Overpayment caused by totalisator
error. |
21.(1) In the event of an irreparable
breakdown of the totalisator or all pari-mutuel and self service pari-mutuel
machines during the wagering on a race, the wagering on that race shall be
declared closed, and the payoff at that race shall be computed on the sums
wagered in each pari-mutuel pool at the time of the breakdown. | Mechanical breakdown. |
(2) In the event of a totalisator
malfunction requiring the casino to purchase (by refund) any non-issued ticket
"lost" in the totalisator, the casino shall bear the cost of losing
tickets but may enjoy the benefit of winning tickets. |
22. In the event of an emergency
or other unusual circumstances connected with pari-mutuel wagering in a casino
which are not covered by these regulations, the pari-mutuel shift supervisor
shall if possible consult with the hub (unless the issue is one where it would
obviously be inappropriate to do so) and shall in any event promptly provide a
written report to the Board. | Emergency or special circumstances
not covered by these Regulations. |
23.(1) In the event of failure to
transmit pari-mutuel information to a track, no further wagers shall be
accepted in a casino unless and until the failure has been corrected. | Transmission failure. |
(2) Each hub and track shall
attempt to manually merge any wagers which have already been accepted but which
have not been transmitted to the track due to the failure. |
(3) Notice of the procedure
referred to in paragraph (2) and of any backup procedure shall be posted in a
prominent location in the casino pari-mutuel facility. |
(4) If manual merging or recourse
to the backup procedure is required, actual notice thereof shall be publicly
announced in the casino facility. |
24.(1) The casino shall display
prominently in its pari-mutuel facility notice that it is commingling wagers in
pools operated by approved tracks. | Commingling notice. |
(2) Such notice shall further
state that the procedures may result in changes in the pools and pari-mutuel
odds during the running of a race. |
25.(1) Pari-mutuel wagering in a casino
shall be conducted through a hub which has been approved in writing by the
Board. | Approval of a hub. |
(2) Approval by the Board of a hub
shall be on the basis of enquiries which include, but which shall not be
restricted to, enquiries as to its ownership, management, security procedures,
accounting controls and equipment. |
26. Any other enterprise
transacting business with a casino or hub in connection with pari-mutuel
wagering shall also be approved in writing by the Board. | Other enterprises. |
27. All equipment used in
connection with pari-mutuel wagering in a casino shall be approved in writing
by the Board including, but not limited to, pari-mutuel machines at the
counter, self service pari-mutuel machines and credit voucher machines, and the
equipment which links the casino operation to the hub. | Equipment. |
28. A casino shall reconcile all
simulcast wagers with the operator of each pool in which it participates on at
least a weekly basis unless the casino and track agree otherwise and both
notify the Board in writing of such alternative arrangement and describe such
alternative arrangement in the agreement between the casino and the track. | Reconciliation with pools. |
29.(1) A casino shall make available to
patrons of its pari-mutuel wagering facility the following information for each
race - | Availability of information. |
(a) the names of entrants; |
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(f) dames and maternal grand
sires; |
(g) their wagering numbers; |
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(l) owner and owners colours or
drivers colours; |
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(n) the distance and number of the
race; |
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(p) conditions and claiming price, if
any. |
(2) For harness races, the
performance for at least the last six races of each entrant shall also be
available. |
(3) The availability of such
information and the procedures for obtaining the information shall be displayed
prominently in the casino wagering facility. |
(4) The casino may charge patrons
a fee for providing such information. |
Made this 13th day of December, 2002. |
Signed |
OBEDIAH H. WILCHOMBE |
Minister responsible for Lotteries and
Gaming |