Definitions

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  • As used in this Article, the words and terms have the meanings ascribed unless a different meaning clearly appears in the context:
    • (a) “Approved Game” or “Approved Gambling Game” means an Internet game or Internet gambling authorized and permitted pursuant to the rules and regulations of the Commission that a licensee is authorized to conduct pursuant to this Article; provided, however, if the Commission determines that a game or gambling is contrary to the public interest, the Chairman by written notice to the Master Service Provider may declare the game or gambling to be prohibited.

    • (b) “Bank” means an institution organized under federal, state or territorial law which:

      • (1) accepts demand deposits or deposits that the depositor may use for payment to third parties and engages in the business of making commercial loans; or

      • (2) engages in credit card operations, does not accept demand deposits or deposits that the depositor may use for payments to third parties, does not accept a savings or time deposit less than $100,000, maintains only one office that accepts deposits, and does not engage in the business of making consumer loans.

    • (c) “Commission” means the Casino Control Commission established pursuant to the provisions of title 32, Virgin Islands Code.

    • (d) “Computer” means an electronic device which by means of stored instruction and information performs rapid, often complex, calculations or compiles, correlates and selects data.

    • (e) “Computer Server” means a computer that is capable of communicating with another computer or device; and providing to that other computer or device:

      • (1) access to a database;

      • (2) transaction based services;

      • (3) software applications; or

      • (4) interactive services

    • (f) “Control” means:

      • (1) ownership of, or the power to vote, directly or indirectly, at least fifteen percent (15%) of a class of voting securities or voting interests of a licensee or person in control of a licensee;

      • (2) power to elect a majority of executive officers, managers, directors, trustees, or other persons exercising managerial authority of a licensee or person in control of a licensee; or

      • (3) the power to exercise directly or indirectly, a controlling influence over the management or policies of a licensee or person in control of a licensee, if the Commission, after notice and opportunity for hearing, so determines.

    • (g) “Control System” means any system of internal controls and administrative and accounting procedures for the operation of an approved Internet game or approved Internet gambling by a licensee.

    • (h) “Court” means the Superior Court of the Virgin Islands.

    • (i) “Division” means the Division of Gaming Enforcement as established under this chapter.

    • (j) “Employ” means to engage the services or labor of someone or a corporation, business, partnership, or company for compensation.

    • (k) “Employee” in relation to a licensee, means a person employed by the licensee in functions related to the conduct of approved Internet games or approved Internet gambling.

    • (l) “Executive Officer” means a president, chairperson of the executive committee, chief financial officer, principal employee, responsible individual, or other individual who performs similar functions.

    • (m) “Gaming Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form, including a document, about the operation or an approved Internet game or approved Internet gambling conducted by a licensee pursuant to a license issued in accordance with this Article.

    • (n) Gross Service Provider Revenue means the total of all sums received by the Master Service Providers from licensees.

    • (o) “Gross Internet Gaming Revenue” or “Gross Internet Gambling Revenue” means the total of all sums, including checks received by the Licensee under this Article actually received by a licensee from gaming operations, less only the total of all sums paid out as winnings to players, and a deduction for uncollectible gaming receivables. The deduction for uncollectible gaming receivables shall not exceed the lesser of: (1) a reasonable provision for uncollectible player checks received from gaming operations; or (2) four percent (4%) of the total of all sums including checks, whether collected or not, less than the amount paid out as winnings to players.

    • (p) “Hardware” means any computer, computer server, or other device whether electronic, electrical or mechanical required for or used in approved Internet gaming or approved Internet gambling operations.

    • (q) “Identity” in relation to a person means name, physical, mailing and e-mail address, date of birth or a prescribed aspect of the person's identity.

    • (r) “Internet Funds” are funds that are transferred through a third party or peer-to-peer and which the payee can access and retrieve those funds for debt or credit to an account.

    • (s) “Internet Game” means a scheme, arrangement, or plan comprised of prize, chance, and consideration that is approved and authorized by the Commission.

    • (t) “Internet Gambling” means the dealing, operating, carrying on, conducting, maintaining or exposing for pay of any Internet game.

    • (u) “Internet Gaming Equipment” or “Internet Gambling Equipment” means a computer or other device (whether electronic, electrical, or mechanical), computer software, or another thing used, or suitable for use, in the conduct of an approved Internet game or approved Internet gambling.

    • (v) “License” means a license for Internet gaming or Internet gambling issued pursuant to this article.

    • (w) “Licensee” means the holder of a license for an Internet gaming site issued by the Commission pursuant to this Article.

    • (x) “Master Service Provider” means the person or entity authorized by this article to conduct the operation of approved Internet gaming or approved Internet gambling in the Virgin Islands, all shareholders, partners, members, or other owners thereof, subject to the rules and regulations promulgated by the Commission in accordance with the provisions of section 4 of this article.

    • (y) “Outstanding,” with respect to a payment instrument, means issued, awarded, or sold by or for the licensee and which has been reported as issued, awarded or sold but not yet paid by or for the licensee.

    • (z) “Play” means participate in an approved Internet game or approved Internet gambling conducted by a licensee.

    • (aa) “Player” means a person who participates in an approved Internet game or approved Internet gambling conducted by a licensee.

    • (bb) “Random Number Generator” means a computer or computer server or software programs used to produce a selection of numbers in no particular order and with no favor being given to any numbers that behave similar to realizations of independent, identically distributed random variables, a procedure which produces different values each time it is called simulating a random selection process that ensures the fairness of an approved Internet game or approved Internet gambling.

    • (cc) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

    • (dd) “Responsible individual” means an individual who programs or customizes the hardware platform, operating system and application software that can affect game play or has access to sensitive areas or who, is employed by a licensee and has principal, active, managerial authority, empowered to make discretionary decisions over the provision of approved, internet gaming and approved Internet gambling by the licensee in the Virgin Islands.

    • (ee) “Software” means the assembled, compiled or engineered intellectual information in a program and includes procedures and associated documentation concerned with the operation of a computer, computer program, or computer network.

    • (ff) “Unsafe or unsound practice” means a practice or conduct by a person licensed to engage in approved Internet gaming or approved Internet gambling which creates the likelihood of insolvency or material loss dissipation of the licensee's assets beyond that prescribed by law, or otherwise materially prejudices the interests of its players.

    • (gg) “Virgin Islands” means the Virgin Islands.

    • (hh) “Wager” means an amount a player puts at risk in playing an approved Internet game or approved Internet gambling conducted by a licensee.


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