Title 11 · WY

12-4-413, 12-4-414 or 12-4-415;

Citation: Wyo. Stat. § 12-4-413

Section: 12-4-413

12-4-413, 12-4-414 or 12-4-415;

(xvii) "Operator" means a person who possesses and operates an establishment where skill based amusement games may be played for profit;

(xviii) "Skill" means a player's knowledge, dexterity or any other ability or expertise relevant to game play;

(xix) "Skill based amusement game" means a game played in exchange for consideration of cash, credit or other thing of value on a fixed, commercial electrical gaming device in which the bona fide skill of the player, determined by an individual's level of strategy and skill, rather than any inherent element of chance, is the primary factor in determining the outcome and for which the player may be awarded a prize or other thing of value for a successful outcome. "Skill based amusement game" shall not include any game played for prizes of nominal value as provided by rule of the commission;

(xx) "Vendor" means a person who owns and distributes a skill based amusement game to an operator for profit;

(xxi) "Truck stop" means a business premises that is:

(A) Equipped with diesel islands used for fueling commercial motor vehicles and that sells on average one hundred twenty-five thousand (125,000) gallons of diesel or biodiesel fuel each month based on the previous twelve (12) months of sales; and

(B) Located on a parcel of land of not less than two (2) acres that is either owned or leased by the business and which includes a convenience store with parking spaces dedicated to commercial motor vehicle use.

(xxii) "Smoke shop" means a retailer as defined in W.S. 14-3-301(a)(iii) that derives fifty percent (50%) or more of its gross annual revenue from nicotine products as defined by W.S. 14-3-301(a)(vi).

11-25-103. Gaming commission; appointment, terms of office and political affiliation of members; vacancies; appointment districts.

The governor with the consent of the senate shall appoint the nine (9) members of the commission in accordance with W.S. 28- 12-101 through 28-12-103. Seven (7) of the nine (9) members shall be appointed from each appointment district under W.S. 9- 1-218. One (1) of the remaining members shall be, at the time of appointment and during the term of appointment, an active county or municipal law enforcement officer certified under title 9, chapter 1, article 7 of the Wyoming statutes. One (1) of the remaining members shall be an enrolled member of the Northern Arapaho or Eastern Shoshone Indian tribe with not less than five (5) years of regulatory gaming experience. Members shall be appointed for terms of four (4) years and until their successor is appointed and qualified. Any vacancy shall be filled by appointment by the governor as provided in W.S. 28-12-101. A member of the commission may succeed himself for one (1) full four (4) year term. The governor may remove any member as provided in W.S. 9-1-202. Additionally, one (1) senator appointed by the president of the senate, one (1) representative appointed by the speaker of the house and one (1) gubernatorial representative shall serve as liaisons to the commission. Legislative liaisons shall be paid salary, per diem and mileage as provided in W.S. 28-5-101 when attending meetings of the commission.

11-25-104. Gaming commission; officers; director; meetings; quorum; records; licenses generally; effect of financial interest in events.

(a) The commission shall annually elect from its membership a president and vice-president, and may employ a director who has a working knowledge of pari-mutuel betting, horse racing and other forms of gaming regulated by the commission or an executive secretary, or both. The director may be retained on a yearly basis or for the racing season only as determined by the commission. Salary for the director or executive secretary shall be determined by the commission with the consent of the personnel division. The commission may also employ other personnel required to carry out this act.

(b) The commission shall hold an annual fall meeting in Wyoming and shall hold special meetings at such times and places within Wyoming as the majority of the members determine. A majority of the commission constitutes a quorum and a majority vote of a quorum may act for the commission. The secretary of the commission shall keep a record of the proceedings of the commission which is open at all times for public inspection. Legislative liaisons shall be considered members of the governing body of the commission for purposes of attending executive sessions held pursuant to W.S. 16-4-405(a) only.

(c) Any member of the commission who has a personal or private interest in any matter proposed or pending before the commission shall publicly disclose this fact to the commission and shall not vote on the matter.

(d) Any member of the commission who owns or has any interest, or whose spouse or member of his immediate family has any interest, in any activity regulated by the commission or in an animal participating in a pari-mutuel event shall disclose that interest and shall not participate in any commission decision involving a protest regarding that activity or occurring at that pari-mutuel event.

(e) The commission may authorize by license or permit and supervise all the conduct of all events provided for and regulated by this act. The commission may make reasonable rules for the control, supervision and direction of applicants, permittees and licensees. The rules shall include procedures for resolving scheduling conflicts and settling disputes between permittees, for the supervising, disciplining, suspending, fining and barring from pari-mutuel events of all persons required to be licensed or permitted by this act, and for the holding, conducting and operating of all pari-mutuel events pursuant to this act. The rules shall include requirements for internal controls for all aspects of pari-mutuel wagering, including procedures for system integrity, system security, operations and accounting. The commission may require that license applicants be fingerprinted for identification purposes as a condition of licensing. The commission shall announce the place, time and duration of pari-mutuel events for which license or permit fees shall be required and establish reasonable fees for all licenses and permits provided for by this act. The fees shall be established to ensure that the costs of administering this act are recovered through the total revenues received under this act. The commission shall establish security access safeguards for licensees to use for advance deposit pari-mutuel wagering. The commission shall prohibit advance deposit pari- mutuel advertising that it determines to be deceptive to the public.

(f) Each permittee, licensee, any current and prospective employee, volunteer and contract employee of a permittee or licensee and each person who has access to restricted areas or animals housed on permitted event grounds for horse racing or for pari-mutuel activities shall be licensed by the commission and shall comply with all rules and regulations and all orders issued by the commission. No person shall hold any event with pari-mutuel wagering without obtaining a permit. The commission may require that all permittees, licensees, current and prospective employees, volunteers and contract employees of a permittee or licensee and each person who has access to restricted areas or animals housed on permitted event grounds for horse racing or for pari-mutuel activities submit fingerprints to the Wyoming division of criminal investigation to perform a criminal history background check pursuant to W.S.