AMENDING SECTIONS 5-112, 5-515, 5-520, 5-601 AND 13-3301, ARIZONA REVISED STATUTES; RELATING TO GAMBLING.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 5-112, Arizona Revised Statutes, is amended to read:
A. Except as provided
B. The department may, upon request by a permittee, grant permission for electronically televised simulcasts of horse, harness or dog races to be received by the permittee. In counties having a population of one million five hundred thousand persons or more according to the most recent United States decennial census, the simulcasts shall be received at the racetrack enclosure where a horse, harness or dog racing meeting is being conducted, provided that the simulcast may only be received during, immediately before or immediately after a minimum of nine posted races for that racing day. In counties having a population of five hundred thousand persons or more, but less than one million five hundred thousand persons according to the most recent United States decennial census, the simulcasts shall be received at the racetrack enclosure where a horse, harness or dog racing meeting is being conducted provided that the simulcast may only be received during, immediately before or immediately after a minimum of four posted races for that racing day. In all other counties, the simulcasts shall be received at a racetrack enclosure at which authorized racing has been conducted whether or not posted races have been offered for the day the simulcast is received. The simulcasts shall be limited to horse, harness or dog races. The simulcasts shall be limited to the same type of racing as authorized in the permit for live racing conducted by the permittee. The department may, upon request by a permittee, grant permission for the permittee to transmit the live race from the racetrack enclosure where a horse, harness or dog racing meeting is being conducted to a facility or facilities in another state. All simulcasts of horse or harness races shall comply with the interstate horse racing act of 1978 (P.L. 95-515; 92 Stat. 1811; 15 United States Code chapter 57). All forms of pari-mutuel wagering shall be allowed on horse, harness or dog races televised by simulcasting. All monies wagered by patrons on these horse, harness or dog races shall be computed in the amount of money wagered each racing day for purposes of section 5-111.
C. Notwithstanding subsection B of this section, in counties having a population of one million five hundred thousand persons or more according to the most recent United States decennial census, simulcasts may be received at the racetrack enclosure and at any additional wagering facility used by a permittee for handling wagering as provided in section 5-111, subsection A during a permittee's racing meeting as approved by the commission, whether or not posted races have been conducted on the day the simulcast is received, if:
1. For horse and harness racing, the permittee's racing permit requires the permittee to conduct a minimum of nine posted races on an average of five racing days each week at the permittee's racetrack enclosure during the period beginning on October 1 and ending on the first full week in May.
2. For dog racing, the permittee is required to conduct a minimum of twelve posted races on each of five days each week for fifty weeks during a calendar year at the permittee's racetrack enclosure.
D. Notwithstanding subsection B of this section, in counties having a population of five hundred thousand persons or more but less than one million five hundred thousand persons according to the most recent United States decennial census, simulcasts may be received at the racetrack enclosure and at any additional wagering facility used by a permittee for handling wagering as provided in section 5-111, subsection A during a permittee's racing meeting as approved by the commission, whether or not posted races have been conducted on the day the simulcast is received, subject to the following conditions:
1. For horse and harness racing, the permittee may conduct wagering on dark day simulcasts for twenty days, provided the permittee conducts a minimum of seven posted races on each of the racing days mandated in the permittee's commercial racing permit. In order to conduct wagering on dark day simulcasts for more than twenty days, the permittee is required to conduct a minimum of seven posted races on one hundred forty racing days at the permittee's racetrack enclosure.
2. For dog racing, the permittee is required to conduct a minimum of nine posted races on each of four days each week for fifty weeks during a calendar year at the permittee's racetrack enclosure.
E. In an emergency and upon a showing of good cause by a permittee, the commission may grant an exception to the minimum racing day requirements of subsections C and D of this section.
F. The minimum racing day requirements of subsections C and D of this section shall be computed by adding all racing days, including any county fair racing days operated in accordance with section 5-110, subsection F, allotted to the permittee's racetrack enclosure in one or more racing permits and all racing days allotted to the permittee's racetrack enclosure pursuant to section 5-110, subsection H.
G. Notwithstanding subsection B of this section and subject to subsections C and D of this section, during the period of the permit for horse racing, wagering on dark day simulcasts of horse races at a permittee's additional wagering facilities shall only be allowed for a maximum number of days equal to the number of days of live horse racing scheduled to be conducted at that permittee's racetrack enclosure during the permittee's racing meeting, and during the period of a permit for dog racing, wagering on dark day simulcasts of dog races at a permittee's additional wagering facilities shall only be allowed for a maximum number of days equal to the number of days of live dog racing scheduled to be conducted at that permittee's racetrack enclosure during the permittee's racing meeting. The number of days allowed for dark day simulcasting under this subsection shall be computed by adding all racing days, including any county fair racing days operated in accordance with section 5-110, subsection F, allotted to the permittee's racetrack enclosure in one or more racing permits and all racing days allocated to the permittee's racetrack enclosure pursuant to section 5-110, subsection H.
H. Simulcast signals or teletracking of simulcast signals does not prohibit live racing or teletracking of that live racing in any county at any time.
I. Except as provided in
J. Notwithstanding subsection B of this section, the department, in counties having a population of one million five hundred thousand persons or more according to the most recent United States decennial census, may, upon request by a permittee for one day each year, grant permission for simulcasts to be received without compliance with the minimum of nine posted races requirement.
K. Except as provided in this article and in title 13, chapter 33, all forms of wagering or betting on the results of a race, including but not limited to buying, selling, cashing, exchanging or acquiring a financial interest in pari-mutuel tickets, except by operation of law, whether the race is conducted in this state or elsewhere, are illegal.
L. A permittee shall not knowingly permit a minor to be a patron of
the pari-mutuel system of wagering.
M. Except as provided in title 13, chapter 33, any person violating any provision of this article with respect to any wagering or betting, whether the race is conducted within or without this state, is guilty of a class 6 felony.
N. Simulcasting may only be authorized for the same type of racing authorized by a permittee's live racing permit.
Sec. 2. Section 5-515, Arizona Revised Statutes, is amended to read:
A. It is unlawful for a person to sell or offer to sell a lottery
ticket or share to any person
B. A person who violates this section is guilty of a class 3 misdemeanor.
Sec. 3. Section 5-520, Arizona Revised Statutes, is amended to read:
No prize may be paid on any winning ticket or share to any person who
is under eighteen years of age.
Sec. 4. Section 5-601, Arizona Revised Statutes, is amended to read:
A. Notwithstanding any other law, this state, through the governor,
may enter into negotiations and execute tribal-state compacts with Indian
tribes in this state pursuant to the Indian gaming regulatory act of 1988
(
1. BEGINNING JUNE 1, 2003, ANY TRIBAL-STATE GAMING COMPACT THAT IS
EXECUTED, MODIFIED, EXTENDED OR RENEWED PURSUANT TO THIS SECTION SHALL
INCLUDE A PROVISION THAT PROHIBITS PERSONS WHO ARE UNDER TWENTY-ONE YEARS OF
AGE FROM WAGERING ON GAMING ACTIVITIES.
2. ANY TRIBAL-STATE GAMING COMPACT THAT IS EXECUTED, MODIFIED,
EXTENDED OR RENEWED PURSUANT TO THIS SECTION FROM AND AFTER THE EFFECTIVE
DATE OF THIS AMENDMENT TO THIS SECTION BUT BEFORE JUNE 1, 2003 SHALL INCLUDE
A PROVISION THAT PROHIBITS PERSONS WHO ARE UNDER TWENTY-ONE YEARS OF AGE FROM
WAGERING ON GAMING ACTIVITIES, EXCEPT THAT THE PROVISION SHALL NOT TAKE
EFFECT UNTIL JUNE 1, 2003.
Sec. 5. Section 13-3301, Arizona Revised Statutes, is amended to read:
In this chapter, unless the context otherwise requires:
1. "Amusement gambling" means gambling involving a device, game or
contest which is played for entertainment if all of the following apply:
(a) The player or players actively participate in the game or contest
or with the device.
(b) The outcome is not in the control to any material degree of any
person other than the player or players.
(c) The prizes are not offered as a lure to separate the player or
players from their money.
(d) Any of the following:
(i) No benefit is given to the player or players other than an
immediate and unrecorded right to replay which is not exchangeable for value.
(ii) The gambling is an athletic event and no person other than the
player or players derives a profit or chance of a profit from the money paid
to gamble by the player or players.
(iii) The gambling is an intellectual contest or event, the money paid
to gamble is part of an established purchase price for a product, no increment has been added to the price in connection with the gambling event
and no drawing or lottery is held to determine the winner or winners.
(iv) Skill and not chance is clearly the predominant factor in the
game and the odds of winning the game based upon chance cannot be altered,
provided the game complies with any licensing or regulatory requirements by
the jurisdiction in which it is operated, no benefit for a single win is
given to the player or players other than a merchandise prize which has a
wholesale fair market value of less than four dollars or coupons which are
redeemable only at the place of play and only for a merchandise prize which
has a fair market value of less than four dollars and, regardless of the
number of wins, no aggregate of coupons may be redeemed for a merchandise
prize with a wholesale fair market value of greater than thirty-five dollars.
(a) It is operated and controlled in accordance with a statute, rule
or order of this state or of the United States.
(b) All federal, state or local taxes, fees and charges in lieu of
taxes have been paid by the authorized person or entity on any activity
arising out of or in connection with the gambling.
(c) If conducted by an organization which is exempt from taxation of
income under section 43-1201, the organization's records are open to public
inspection.
(a) No player receives, or becomes entitled to receive, any benefit,
directly or indirectly, other than
(b) No other person receives
(c) None of the players
(d)
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