Arkansas Administrative Code

23 CAR § 358-2218. Grounds for disciplinary action. Violation of any applicable law or rule by a pari-mutuel book, track, or system operator constitutes reasonable cause for disciplinary action.

23 CAR § 358-2219. Authority to issue orders for racing meets. The Arkansas Racing Commission shall issue such orders as the commission deems appropriate to further the process of off-track pari-mutuel wagering.

23 CAR § 358-2220. Waivers. The Arkansas Racing Commission may waive one (1) or more of the requirements of this part if the commission finds that such waiver is consistent with the public policy of the state.

23 CAR § 358-2301. Scope. (a) This subpart governs and its applicability is limited to off-track pari-mutuel wagering on sporting events and other events for which approval has been granted by the Arkansas Racing Commission pursuant to The Arkansas Casino Gaming Amendment of 2018…

23 CAR § 358-2302. Definitions. As used in this subpart: (1) “Breakage” means the odd cents over a multiple of ten cents ($0.10) arising from the computation of odds and payoffs on off-track pari-mutuel sports wagers; (2) “Commission” means the Arkansas Racing Commission or the c…

23 CAR § 358-2303. Authorization required to accept off-track pari-mutuel sports wagers — Application. (a)(1) A person shall not accept off-track pari-mutuel sports wagers in Arkansas unless the person has received authorization from the Arkansas Racing Commission to accept such …

23 CAR § 358-2304. Conduct of off-track pari-mutuel sports wagering. (a) Off-track pari-mutuel sports wagering may be conducted only at a pari-mutuel sports book. (b) A pari-mutuel sports book shall comply with the provisions of this part. (c)(1) A pari-mutuel sports book shall n…

23 CAR § 358-2305. Approval to share in revenues — Application. (a) A pari-mutuel sports book shall not share the revenue from off-track pari-mutuel sports wagering with any person unless the person who is to share in the revenue has been licensed by or received approval from the…

23 CAR § 358-2306. Criteria for licensing and approval to share in revenue. The Arkansas Racing Commission may consider the following suitability criteria in determining whether to approve an application by a person to receive a share of the revenue from off-track pari-mutuel wag…

23 CAR § 358-2307. Requirements imposed upon out-of-state pari-mutuel sports books approved to share in the revenue or otherwise receive compensation. An out-of-state pari-mutuel sports book approved to share in the revenue or otherwise receive compensation from pari-mutuel sport…

23 CAR § 358-2308. Participation in common pari-mutuel pool. All pari-mutuel sports books in Arkansas must be offered the right to accept wagers in a common pari-mutuel pool at the same fee or rate.

23 CAR § 358-2309. Licensing of off-track pari-mutuel sports systems operator. (a) A pari-mutuel sports book shall not use an off-track pari-mutuel sports system unless the systems operator has been licensed by the Arkansas Racing Commission. (b)(1) An application for a license t…

23 CAR § 358-2310. Requirements imposed upon systems operator. (a) Each systems operator shall maintain an office in Arkansas and designate a key employee located in the Arkansas office to supervise and be responsible for the day-to-day operations of the off-track pari-mutuel spo…

23 CAR § 358-2311. Approval of off-track pari-mutuel sports system. A pari-mutuel sports book shall not use an off-track pari-mutuel sports system unless the system has been approved pursuant to the provisions of this part governing associated equipment.

23 CAR § 358-2312. Minimum technical requirements for off-track pari-mutuel sports systems. An off-track pari-mutuel sports system must include a fully redundant computer system and must: (1) Receive and aggregate by pool all off-track pari-mutuel sports wagering information rece…

23 CAR § 358-2313. Operation of the off-track pari-mutuel sports system. A systems operator shall: (1) Immediately notify the pari-mutuel sports books in the event that it is unable to receive wagering information or transmit pool data, and shall cause the system to cease accepti…

23 CAR § 358-2314. Approval of agreements. (a) The terms and conditions of any agreement between pari-mutuel sports books, or between pari-mutuel sports books and a systems operator relating in any way to the operation of an off-track pari-mutuel sports system, a common pari-mutu…

23 CAR § 358-2315. Deduction of commission on wagers. Except as provided in an agreement approved under this part, the total percentage of off-track pari-mutuel sports wagers that is to be deducted as a commission wagers by pari-mutuel sports books in Arkansas must not exceed twe…

23 CAR § 358-2316. Limits and conditions on approvals. The Arkansas Racing Commission may impose limits or place conditions upon any license or approval issued pursuant to this subpart.

23 CAR § 358-2317. Record retention — Monthly reports — Access to premises. Each pari-mutuel sports book and each systems operator which offers a common pari-mutuel pool, shall: (1) Maintain and retain all records required by the Arkansas Racing Commission for at least five (5) y…

23 CAR § 358-2318. Grounds for disciplinary action. Violation of any applicable law or rule by a pari-mutuel sports book or systems operator constitutes reasonable cause for disciplinary action.

23 CAR § 358-2319. Waivers. The Arkansas Racing Commission may waive one (1) or more of the requirements of this part if it finds that such waiver is consistent with the public policy of the state.

23 CAR § 358-2320. Gross revenue computations. (a) For purposes of this subpart, “gross revenue” means: (1) The total commission on wagers; plus (2) Any pool amounts not won by patrons and retained by the pari-mutuel sports book; plus (3) The face amount of unpaid winning tickets…

23 CAR § 358-2401. Scope. (a) This part governs all off-track pari-mutuel horse race account wagering in Arkansas for which a license or approval has been granted by the Arkansas Racing Commission pursuant to The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Am…

23 CAR § 358-2402. Definitions. As used in this subpart: (1)(A) “Account wagering system” means a system of wagering using telephone, computer, or other method of wagering communication as approved by the Arkansas Racing Commission, whose components shall be located in this state…

23 CAR § 358-2403. License required — Applications. No person may operate or own any interest in a race book in Arkansas unless that person holds a casino gaming license specifically permitting the person to do so.

23 CAR § 358-2404. Finding of suitability required to operate a call center — Applications. (a) A person shall not function as the operator of a call center unless the person has been found suitable pursuant to this part. (b) Applications for a finding of suitability to function …

23 CAR § 358-2405. Registration of managers or supervisors. (a)(1) Any individual who fulfills the function of race book manager or supervisor or who fulfills the function of a manager or supervisor for an operator of a call center must register with the Arkansas Racing Commissio…

23 CAR § 358-2406. Employees of an operator of a call center. Any employee of an operator of a call center who fulfills the function of receiving and transmitting wagering instructions and any employee supervising this function is a gaming employee as defined in this part.…

23 CAR § 358-2407. Reserve requirements. (a) Notwithstanding the minimum reserve requirements established for wagering accounts pursuant to this part, each book shall comply with the following to calculate the minimum reserve requirements: (1) Each book shall at all times maintai…

23 CAR § 358-2408. Recordation of wagers. Immediately upon accepting an account wager, the book shall create an electronic record of the terms of the wager in the off-track pari-mutuel race system.

23 CAR § 358-2409. Acceptance of wagers. (a) Books may not accept wagers unless made against credits made to a wagering account as provided for in this part or on credit extended in accordance with the rules of the Arkansas Racing Commission. (b) A book shall accept wagers only o…

23 CAR § 358-2410. Imposition of supplemental recordkeeping and reporting requirements. (a) The Arkansas Racing Commission may require a book to comply with the identification, recordkeeping, and reporting requirements of this part for interstate pari-mutuel horse race account wa…

23 CAR § 358-2411. Payment of winning wagers. In the event the off-track pari-mutuel system is not functioning, a licensed race book shall determine the winners of or payouts on wagers on horse races in accordance with the provisions of this part.

23 CAR § 358-2412. Off-track pari-mutuel race systems. Before beginning operations, each book shall install and thereafter maintain an off-track pari-mutuel race system meeting the specifications approved by the Arkansas Racing Commission.

23 CAR § 358-2413. Layoff bets. (a) A book may place or accept wagers from another book if the accepting book does not have common control, as defined in this part, with the placing book. (b) A book that is permitted to place a layoff wager shall inform the book accepting the wag…

23 CAR § 358-2414. Prohibition against rescission of wagers. A book may not unilaterally rescind any wager without the prior written approval of the Arkansas Racing Commission.

23 CAR § 358-2415. Prohibited wagers. No wagers may be accepted or paid by any pari-mutuel race book on any event other than a horse race that is offered as part of a pari-mutuel pool.

23 CAR § 358-2416. Wagers — Terms and conditions. No book shall: (1) Accept from a patron, directly or indirectly, less than the full face value of an off-track pari-mutuel wager; (2) Agree to refund or rebate to a patron any portion or percentage of the full face value of an off…

23 CAR § 358-2417. Communications technology. (a)(1) Before installing or permitting the installation of any communications technology on the premises of a book or a call center, the book or the call center shall notify the Arkansas Racing Commission in writing of the location an…

23 CAR § 358-2418. Use of an operator of a call center. (a) A licensed Arkansas pari-mutuel race book shall not utilize an operator of a call center unless the operator of the call center has been found suitable by the Arkansas Racing Commission. (b) The call center system, or a …

23 CAR § 358-2419. Wagering communications — Establishing patron wagering accounts for pari-mutuel race wagering. (a)(1) Each casino licensee that accepts wagering communications shall establish and implement pursuant to 23 CAR § 358-601 et seq., a system of internal control for …

23 CAR § 358-2420. Account wagering systems. Account wagering systems shall: (1)(A) For systems that use other than voice-only wagering communications technology, provide for the patron’s review and confirmation of all wagering information before the wagering communication is acc…

23 CAR § 358-2421. Business entity wagering. (a) A book shall notify the Arkansas Racing Commission in writing of its intent to accept wagers from business entities which have met all of the applicable requirements of this part. (b)(1) A book is prohibited from accepting wagers f…

23 CAR § 358-2422. Wagering account transactions. (a) Except as otherwise provided herein, deposits, credits, and debits to wagering accounts shall be made in accordance with this part. (b) Business entity wagering account deposits and withdrawals may only be made by transfers to…

23 CAR § 358-2423. Gross revenue computations and layoff bets. The amounts of wagers placed by a book and the amounts received by the book as payments on such wagers shall not affect the computation of the book’s gross gaming revenue.

23 CAR § 358-2424. Assigned agent. (a) The Arkansas Racing Commission may at any time require a book to allow an agent of the commission to be permanently present on the book’s premises during all hours of operation, and to require the costs and expenses for such agent to be born…