§44. Definitions

            When used in this Chapter, the following terms shall mean:

            (1) "Applicant" means a person who has submitted an application to the division seeking a license or permit, or the renewal thereof.

            (2) "Application" means the forms and schedules prescribed by the division upon which an applicant seeks a license or permit or the renewal thereof. Application also includes information, disclosure statements, and financial statements submitted by an applicant as part of an application.

            (3) "Board" shall have the same meaning as the term defined in R.S. 27:3.

            (4) "Designated gaming area" means that portion of a riverboat in which gaming activities may be conducted. Such designated gaming area shall not exceed two thousand three hundred sixty-five gaming positions, subject to the rules and regulations of the board.

            (5) "Designated river" or "designated waterway" means those rivers or bodies of water listed in R.S. 27:43 upon which gaming activities may be conducted.

            (6) "Division" shall have the same meaning as that term defined in R.S. 27:3.

            (7) "Economic interest" shall have the same meaning as that term defined in R.S. 27:3.

            (8) "Entertainment fee" means a fee assessed by the state for each passenger boarding a riverboat.

            (9)(a) "Game" means any banking or percentage game which is played with cards, dice, or any electronic, electrical, or mechanical device or machine for money, property, or any thing of value. "Game" does not include a lottery, bingo, pull tabs, raffles, electronic video bingo, cable television bingo, dog race wagering, or any wagering on any type of sports event, including but not limited to football, basketball, baseball, hockey, boxing, tennis, wrestling, jai alai, or other sports contest or event. "Game" shall also include racehorse wagering.

            (b) Notwithstanding any provision of Subparagraph (a) of this Paragraph to the contrary, "game" shall include wagering on certain sports events through its sports book for a licensee who is also licensed by the board in accordance with Chapter 10 of this Title.

            (10) "Gaming activities" or "gaming operations" means the use, operation, or conducting of any game or gaming device upon a riverboat including all activities related to and integral to the operation and profitability of a riverboat, including accounting procedures and internal controls governing the licensee's operations.

            (11)(a) "Gaming device" or "gaming equipment" means any equipment or mechanical, electro-mechanical, or electronic contrivance, component, or machine, including a slot machine, used directly or indirectly in connection with gaming or any game, which affects the result of a wager by determining wins or losses.

            (b) Notwithstanding any provision of Subparagraph (a) of this Paragraph to the contrary, "gaming device" or "gaming equipment" shall also include a sports wagering mechanism as that term is defined in R.S. 27:602 if the riverboat gaming operator is also licensed by the board for a sports book in accordance with Chapter 10 of this Title.

            (12) "Gaming operator" or "licensee" means any person holding or applying for a gaming license to conduct gaming activities.

            (13) "Gaming position" means a gaming device seat or a space at a table game. Each gaming device seat shall be counted as one position and each space at a table game shall be counted as one position, subject to the rules and regulations of the board. The board shall specifically provide by rule for the counting of gaming positions for devices and games where seats and spaces are not readily countable. "Gaming position" shall not include a seat or space at a sports wagering mechanism or at a sports wagering window.

            (14) "License" or "gaming license" means a license or authorization to conduct gaming activities on a riverboat issued pursuant to the provisions of this Chapter.

            (15) "Net gaming proceeds" means the total of all cash and property, including checks received by a licensee, whether collected or not, received by the licensee from gaming operations, less the total of all cash paid out as winnings to patrons and five million dollars annually directly attributable to promotional play wagers.

            (16) "Non-certificated vessel" means a riverboat vessel which does not hold a Certificate of Inspection issued by the United States Coast Guard. Such vessels may include those that formerly held a Certificate of Inspection issued by the United States Coast Guard and those for which the Coast Guard declines to issue a Certificate of Inspection.

            (17) "Passenger" means a natural person who is present on a riverboat but has no part in the vessel's operation.

            (18) "Permit" shall have the same meaning as that term defined in R.S. 27:3.

            (19) "Permittee" shall have the same meaning as that term defined in R.S. 27:3.

            (20) "Person" shall have the same meaning as that term defined in R.S. 27:3.

            (21) "Promotional play wagers" means wagers placed by patrons using noncashable vouchers, promotional chips, coupons, electronic credits, electronic promotions, scrips, or any other cash equivalent that is provided to the patron by the licensee.

            (22) "Racehorse wagering" means wagers placed on horse racing conducted under the pari-mutuel form of wagering at licensed racing facilities that is accepted by a licensed racehorse wagering operator under the provisions of this Chapter.

            (23) "Racehorse wagering operator" means the licensed racing association whose facility is located closest to the licensed berth of the riverboat on which gaming activities are approved.

            (24) "Riverboat" means one of the following:

            (a) A vessel that carries a valid Certificate of Inspection issued by the United States Coast Guard with regard to the carriage of passengers on designated rivers or waterways within or contiguous to the boundaries of the state of Louisiana and for the carriage of a minimum of six hundred passengers and crew.

            (b) A non-certificated vessel that carries a valid certificate of compliance issued by the board based on the recommendation of an approved third-party inspector pursuant to R.S. 27:44.1. The non-certificated vessel shall meet the following requirements:

            (i) Has a minimum length of one hundred fifty feet.

            (ii) Is of such type and design so as to replicate as nearly as practicable historic Louisiana river borne steamboat passenger vessels of the nineteenth century era. It shall not, however, be a requirement that the vessel be:

            (aa) Steam-propelled or maintain overnight facilities for its passengers.

            (bb) Paddlewheel-driven or have an operable paddlewheel.

            (c) A landside facility that is approved by the board and a portion of its designated gaming area is located within one thousand two hundred feet of a riverboat's licensed berth. Such landside facilities shall be inspected and issued a certificate pursuant to R.S. 27:44.2.

            (25) "Slot machine" means any mechanical, electrical, or other device, contrivance, or machine which, upon insertion of a coin, token, or similar object therein or upon payment of any consideration whatsoever, is available to play or operate, the play or operation of which, whether by reason of the skill of the operator or application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tokens, or anything of value, whether the payoff is made automatically from the machine or in any other manner.

            (26) "Supervisor" means the person in charge of the division.

            Acts 1991, No. 753, §1, eff. July 18, 1991. Redesignated from R.S. 4:504 by Acts 1996, 1st Ex. Sess., No. 7, §3, eff. May 1, 1996; Acts 1999, No. 1384, §1; Acts 2001, 1st Ex. Sess., No. 3, §3, eff. March 27, 2001; Acts 2001, No. 1222, §§1 and 2, eff. July 2, 2001; Acts 2005, No. 61; Acts 2005, No. 459, §1; Acts 2012, No. 711, §1; Acts 2018, No. 469, §1, eff. May 23, 2018; Acts 2020, 1st Ex. Sess., No. 14, §1, eff. July 13, 2020; Acts 2021, No. 440, §1, eff. July 1, 2021; Acts 2023, No. 126, §1.