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Bahamas Statutory Instruments |
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S.I. No. 133 of 2002 |
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MINISTRY OF TOURISM |
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THE LOTTERIES AND GAMING ACT |
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(Chapter 351) |
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THE LOTTERIES AND GAMING |
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(PARI-MUTUEL WAGERING) REGULATIONS, 2002 |
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The Minister in exercise of the powers conferred by section 66 of the Lotteries and Gaming Act makes the following regulations - |
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1.
These regulations may be cited
as the Lotteries and Gaming (Pari-Mutuel Wagering) Regulations,
2002.
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Citation. |
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2.
In this Act -
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Interpretation. |
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"Act" means the Lotteries and Gaming Act; |
Ch. 351. |
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"Board" means the Gaming Board; |
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"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"); |
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"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; |
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"delay period" means the time between off-time and the start of a race; |
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"gross pool" means the total amount of money wagered on the outcome of a particular event without any deduction therefrom; |
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"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; |
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"insufficient pari-mutuel pool" means a pool in which insufficient monies have been wagered to permit the minimum pay-offs of winning wagers; |
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"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; |
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"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; |
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"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; |
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"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; |
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"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; |
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"scratch" means the removal of an entered horse or dog from a race; |
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"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; |
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"take-out" means the amount of a pool retained by the operator; |
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"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; |
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"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 |
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"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. |
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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.
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Agreements with tracks. |
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(2)
No other form of gaming may be
conducted within the pari-mutuel wagering area except for Sports
Betting.
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(3)
A casino which conducts
pari-mutuel wagering shall do so through a hub.
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(4)
Pari-mutuel wagering in a
casino shall be restricted to pools at tracks which have been
approved in writing by the Board.
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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.
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The conduct of pari-mutuel wagering. |
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(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.
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(3)
Any such agreement referred to
in subparagraph (1) shall define and provide for -
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(a)
fees payable;
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(b)
use of a hub;
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(c)
live transmission of races;
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(d)
provision of racing
information;
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(e)
arrangements for payment between
the track, the hub and the casino;
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(f)
accounting records and
reconciliations;
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(g)
take-outs;
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(h)
breakage;
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(i)
unclaimed tickets;
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(j)
dedicated lines and fall-back
arrangements for communication between the hub and the
tracks;
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(k)
manual merge in the event of a
system failure;
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(l)
responsibility and compensation
for errors,
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and such other matters as the parties may wish to define and provide for and which are approved by the Board. |
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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.
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Wagering limited to designated area. |
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6.
No fee shall be charged for
placing a wager in addition to the amount wagered.
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No fee to be charged. |
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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.
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Ticket claims. |
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(2)
Payment of a winning wager
will be made only upon presentation of appropriate pari-mutuel
tickets.
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(3)
No claim shall be considered
for tickets which have been discarded, lost, altered, destroyed or
mutilated beyond identification.
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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.
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Expiration of pari-mutuel tickets. |
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(2)
Notice of the expiration
provision shall he prominently posted in the casino and printed on
each pari-mutuel ticket sold.
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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.
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Operation of pools. |
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(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.
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(3)
A casino shall pay at least
one dollar and five cents for each winning dollar wagered.
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(4)
A casino shall bear the loss
of any negative breakage and may retain any positive
breakage.
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(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.
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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.
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Taxation. |
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11.(1)
The transmission of data
between the casino and the hub, and between the hub and individual
tracks, shall be by dedicated lines.
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Dedicated lines between the casino, the hub and tracks. |
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(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.
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(3)
The back-up lines referred to
in paragraph (2) may be dial-up lines.
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(4)
Each approved track shall have
a cellular phone in its totalisator room.
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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.
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Facsimile machines and telephone lines. |
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13.(1)
Prior to the start of wagering
on a race, the track shall transmit a pool definition to the
casino.
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Pool definition. |
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(2)
Upon receipt of the pool
definition, pari-mutuel machines at the casino may be opened for
wagering.
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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.
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Cancellation of tickets. |
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15.(1)
All pari-mutuel machines in
the casino shall be locked at off-time.
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Locking of pari-mutuel machines and end of wagering. |
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(2)
No ticket may be issued after
the totalisator has been locked or wagering has ceased, which ever
occurs first.
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(3)
Wagering shall cease not later
than off-time.
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16.(1)
Except as provided in this
regulation, no pari-mutuel ticket shall be cancelled.
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Scratches. |
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(2)
A pari-mutuel ticket with the
value of five hundred dollars or less may be cancelled at any time
prior to off-time.
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(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.
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(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.
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(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.
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(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.
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(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.
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17.(1)
A pari-mutuel ticket on a
horse or dog that is scratched may be refunded.
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Refund. |
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(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.
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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.
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Display of odds. |
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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.
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Pari-mutuel machines closed. |
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(2)
Wagering shall cease on that
race and the payoffs for that race should be computed on the sums
then wagered in each pool.
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(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.
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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.
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Overpayment caused by totalisator error. |
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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.
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Mechanical breakdown. |
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(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.
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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.
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Emergency or special circumstances not covered by these Regulations. |
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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.
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Transmission failure. |
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(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.
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(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.
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(4)
If manual merging or recourse
to the backup procedure is required, actual notice thereof shall be
publicly announced in the casino
facility.
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24.(1)
The casino shall display
prominently in its pari-mutuel facility notice that it is
commingling wagers in pools operated by approved
tracks.
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Commingling notice. |
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(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.
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25.(1)
Pari-mutuel wagering in a
casino shall be conducted through a hub which has been approved in
writing by the Board.
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Approval of a hub. |
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(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.
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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.
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Other enterprises. |
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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.
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Equipment. |
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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.
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Reconciliation with pools. |
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29.(1)
A casino shall make available
to patrons of its pari-mutuel wagering facility the following
information for each race -
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Availability of information. |
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(a)
the names of entrants;
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(b)
sex;
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(c)
colour;
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(d)
year of birth;
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(e)
their sires;
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(f)
dames and maternal grand
sires;
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(g)
their wagering numbers;
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(h)
post positions;
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(i)
jockeys or drivers;
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(j)
assigned weight;
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(k)
morning line odds;
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(l)
owner and owners colours or
drivers colours;
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(m)
trainers;
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(n)
the distance and number of the
race;
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(o)
amount of purse; and
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(p)
conditions and claiming price, if
any.
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(2)
For harness races, the
performance for at least the last six races of each entrant shall
also be available.
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(3)
The availability of such
information and the procedures for obtaining the information shall
be displayed prominently in the casino
wagering facility.
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(4)
The casino may charge patrons
a fee for providing such information.
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Made this 13th day of December, 2002. |
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Signed |
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OBEDIAH H. WILCHOMBE |
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Minister responsible for Lotteries and Gaming |
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