Ky. Rev. Stat. § 138.511 : REVENUE AND TAXATION — EXCISE TAXES —MUTUEL BETTING — Definitions for KRS 138.510 to 138.550

As used in KRS 138.510 to 138.550:

(1) "Advanced deposit account wagering" has the same meaning as in KRS 230.210;
(2) "Advanced deposit account wagering license" has the same meaning as in KRS 230.210;
(3) "Association" has the same meaning as in KRS 230.210;
(4) "Commission" means the Kentucky Horse Racing Commission;
(5) "Daily average live handle" means:
(a) The handle from wagers made at a track on live racing during the fiscal year, excluding amounts wagered:
1. At a receiving track;
2. At a simulcast facility;
3. On telephone account wagering;
4. Through advance deposit account wagering;
5. At a track participating as a receiving track or simulcast facility displaying simulcasts and conducting interstate wagering as permitted by KRS 230.3771 and 230.3773; and
6. Beginning April 1, 2014, on historical horse races; divided by:
(b) The total number of days that live racing was conducted at the track during the fiscal year;
(6) "Department" means the Department of Revenue;
(7) "Fiscal year" means a time frame beginning 12:01 a.m. July 1, and ending 12 midnight June 30;
(8) "Handle" means total wagers made on a race;
(9)
(a) "Historical horse race" means any horse race that:
1. Was previously run at a licensed pari-mutuel facility in the United States;
2. Concluded with official results; and
3. Concluded without scratches, disqualifications, or dead-heat finishes.
(b) As used in this subsection, the terms "pari-mutuel," "scratch," "disqualification," and "dead heat" have the same meaning as established by the commission pursuant to an administrative regulation promulgated under KRS Chapter 13A;
(10) "Host track" has the same meaning as in KRS 230.210;
(11) "Interstate wagering" has the same meaning as in KRS 230.210;
(12) "Intertrack wagering" has the same meaning as in KRS 230.210;
(13) "Kentucky resident" means:
(a) An individual domiciled within this state;
(b) An individual who maintains a place of abode in this state and spends, in the aggregate, more than one hundred eighty-three (183) days of the taxable year in this state; or
(c) An individual who lists a Kentucky address as his or her principal place of residence when applying for an account to participate in advance deposit account wagering;
(14) "Receiving track" has the same meaning as in KRS 230.210;
(15) "Simulcast facility" has the same meaning as in KRS 230.210;
(16) "Takeout" means that portion of the handle which is distributed to persons other than those making wagers;
(17) "Telephone account wagering" has the same meaning as in KRS 230.210; and
(18) "Track" has the same meaning as in KRS 230.210.

KRS 138.511

Amended by 2014 Ky. Acts ch. 102,§ 6, eff. 4/10/2014.
Effective:7/15/2010
Amended 2010, Ky. Acts ch. 24, sec. 107, effective7/15/2010. -- Created 2009, (1st Extra. Sess.) Ky. Acts ch. 1, sec. 106, effective 6/26/2009.
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