23 CAR § 358-202. Definitions

As used in this subpart: (1) “Amendment” means The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100; (2) “Casino” means a facility where casino gaming is conducted as authorized by Amendment 100; (3)(A) “Casino applicant” means any individual, corporation, partnership, association, trust, or other entity, other than a franchise holder, applying for a license to conduct casino gaming at a casino. (B) Pursuant to Amendment 100, a franchise holder is not a casino applicant and is not required to submit an application for a casino license under this part; (4)(A) “Casino gaming” means dealing, operating, carrying on, conducting, maintaining, or exposing for play any game played with cards, dice, equipment, or any mechanical, electromechanical, or electronic device or machine for: (i) Money; (ii) Property; (iii) Checks; (iv) Credit; or (v) Any representative value. (B) “Casino gaming” shall also be defined to include accepting wagers on sporting events; (C) “Casino gaming” does not include lotteries conducted pursuant to Arkansas Constitution, Amendment 87 and/or the Arkansas Scholarship Lottery Act, Arkansas Code § 23-115-101 et seq.; (5) “Casino license” means a license issued by the Arkansas Racing Commission to conduct casino gaming at a casino; (6) “Casino licensee” means any individual, corporation, partnership, association, trust, or other entity holding a license issued by the Arkansas Racing Commission to conduct casino gaming at a casino; (7) “Commission” means the Arkansas Racing Commission; (8) “EGS Law” means the Local Option Horse Racing and Greyhound Racing Electronic Games of Skill Act, Arkansas Code § 23-113-101 et seq., as amended; (9) “Franchise holder” means any individual, corporation, partnership, association, trust, or other entity holding a franchise to conduct horse racing under the Arkansas Horse Racing Law, Arkansas Code § 23-110-101 et seq., or greyhound racing under the Arkansas Greyhound Racing Law, Arkansas Code § 23-111-101 et seq., as of December 31, 2017; and (10)(A) “Disqualifying felony offense” means a felony offense as determined by the applicable state or federal law where the felony offense occurred, and a felony offense which the Arkansas Gaming Commission has by rule or order determined to be a disqualifying felony offense for the issuance of a casino license, employee license, or for the owners, shareholders, board members, or officers of any casino applicant or casino license holder. (B)(i) However, the following offenses shall not be considered a disqualifying felony: (a) An offense that has been sealed by a court or for which a pardon has been granted; or (b) An offense whose sentence, including any term of probation, incarceration, or supervised release was completed ten (10) or more years earlier. (ii) “Sealed” means expunge, remove, sequester, and treat as confidential the record or records of a felony offense.