Okla. Stat. tit. 3A, § 3A-262

A. If at least four Indian tribes enter into the model tribal-

state compact set forth in Section 281 of this title, and such

compacts are approved by the Secretary of the Interior and notice of

such approval is published in the Federal Register, the Oklahoma

Horse Racing Commission ("Commission") shall license organization

licensees which are licensed pursuant to Section 205.2 of this title

to conduct authorized gaming as that term is defined by this act

pursuant to this act utilizing gaming machines or devices authorized

by this act subject to the limitations of subsection C of this

section. No fair association or organization licensed pursuant to

Section 208.2 of this title or a city, town or municipality

incorporated or otherwise, or an instrumentality thereof, may

conduct authorized gaming as that term is defined by this act.

Notwithstanding the provisions of Sections 941 through 988 of

Title 21 of the Oklahoma Statutes, the conducting of and

participation in gaming in accordance with the provisions of this

act or the model compact set forth in Section 281 of this title is

lawful and shall not be subject to any criminal penalties. Provided

further, a licensed manufacturer or distributor licensed pursuant to

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this act may manufacture, exhibit or store as a lawful activity any

machines or devices which are capable of being used to conduct the

following types of gaming:

1. Gaming authorized by the State-Tribal Gaming Act; or

2. Other gaming which may be lawfully conducted by an Indian

tribe in this state.

B. Except for Christmas Day, authorized gaming may only be

conducted by an organization licensee on days when the licensee is

either conducting live racing or is accepting wagers on simulcast

races at the licensee's racing facilities. Authorized gaming may

only be conducted by organization licensees at enclosure locations

where live racing is conducted. Under no circumstances shall

authorized gaming be conducted by an organization licensee at any

facility outside the organization licensee's racing enclosure. No

person who would not be eligible to be a patron of a pari-mutuel

system of wagering pursuant to the provisions of subsection B of

Section 208.4 of this title shall be admitted into any area of a

facility when authorized games are played nor be permitted to

operate, or obtain a prize from, or in connection with, the

operation of any authorized game, directly or indirectly.

C. In order to encourage the growth, sustenance and development

of live horse racing in this state and of the state's agriculture

and horse industries, the Commission is hereby authorized to issue

licenses to conduct authorized gaming to no more than three

organization licensees operating racetrack locations at which horse

race meetings with pari-mutuel wagering, as authorized by the

Commission pursuant to the provisions of this title, occurred in

calendar year 2001, as follows:

1. An organization licensee operating a racetrack location at

which an organization licensee is licensed to conduct a race meeting

pursuant to the provisions of Section 205.2 of this title located in

a county with a population exceeding six hundred thousand (600,000)

persons, according to the most recent Federal Decennial Census,

shall be licensed to operate not more than six hundred fifty (650)

player terminals in any year. Beginning with the third year after

an organization licensee is licensed pursuant to this paragraph to

operate such player terminals, such licensee may be licensed to

operate an additional fifty (50) player terminals. Beginning with

the fifth year after an organization licensee is licensed pursuant

to this paragraph to operate such player terminals, such licensee

may be licensed to operate a further additional fifty (50) player

terminals; and

2. Two organization licensees operating racetrack locations at
player terminals, such licensee may be licensed to

operate an additional fifty (50) player terminals. Beginning with

the fifth year after an organization licensee is licensed pursuant

to this paragraph to operate such player terminals, such licensee

may be licensed to operate a further additional fifty (50) player

terminals; and

2. Two organization licensees operating racetrack locations at

which the organization licensees are licensed to conduct race

meetings pursuant to the provisions of Section 205.2 of this title

located in counties with populations not exceeding four hundred

thousand (400,000) persons, according to the most recent Federal

Oklahoma Statutes - Title 3A. Amusements and Sports Page 61

Decennial Census, may each be licensed to operate not more than two

hundred fifty (250) player terminals in any year.

Subject to the limitations on the number of player terminals

permitted to each organization licensee, an organization licensee

may utilize electronic amusement games as defined in this act,

electronic bonanza-style bingo games as defined in this act and

electronic instant bingo games as defined in this act, and any type

of gaming machine or device that is specifically allowed by law and

that an Indian tribe in this state is authorized to utilize pursuant

to a compact entered into between the state and the tribe in

accordance with the provisions of the Indian Gaming Regulatory Act

and any other machine or device that an Indian tribe in this state

is lawfully permitted to operate pursuant to the Indian Gaming

Regulatory Act, referred to collectively as "authorized games". An

organization licensee's utilization of such machines or devices

shall be subject to the regulatory control and supervision of the

Commission; provided, the Commission shall have no role in oversight

and regulation of gaming conducted by a tribe subject to a compact.

The Commission shall promulgate rules to regulate the operation and

use of authorized gaming by organization licensees. In promulgating

such rules, the Commission shall consider the provisions of any

compact which authorizes electronic gaming which is specifically

authorized by law by an Indian tribe. For the purpose of paragraphs

1 and 2 of this subsection, the number of player terminals in an

authorized game that permits multiple players shall be determined by

the maximum number of players that can participate in that game at

any given time; provided, however, that nothing in this act

prohibits the linking of player terminals for progressive jackpots,

so long as the limitations on the number of permitted player

terminals at each organization licensee are not exceeded. Each

organization licensee shall keep a record of, and shall report at

least quarterly to the Oklahoma Horse Racing Commission, the number

of games authorized by this section utilized in the organization

licensee's facility, by the name or type of each and its identifying

number.

D. No zoning or other local ordinance may be adopted or amended

by a political subdivision where an organization licensee conducts

live horse racing with the intent to restrict or prohibit an

organization licensee's right to conduct authorized gaming at such

location.

E. For purposes of this act, "adjusted gross revenues" means

the total receipts received by an organization licensee from the

play of all authorized gaming minus all monetary payouts.

F. The Oklahoma Horse Racing Commission shall promulgate rules

to regulate, implement and enforce the provisions of this act with

regard to the conduct of authorized gaming by organization

licensees; provided, regulation and oversight of games covered by a

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compact and operated by an Indian tribe shall be conducted solely

pursuant to the requirements of the compact.

G. If an organization licensee operates or attempts to operate
e the provisions of this act with

regard to the conduct of authorized gaming by organization

licensees; provided, regulation and oversight of games covered by a

Oklahoma Statutes - Title 3A. Amusements and Sports Page 62

compact and operated by an Indian tribe shall be conducted solely

pursuant to the requirements of the compact.

G. If an organization licensee operates or attempts to operate

more player terminals which offer authorized games than it is

authorized to offer to the public by this act or the terms of its

license, upon written notice from the Commission, such activity

shall cease forthwith. Such activity shall constitute a basis upon

which the Commission may suspend or revoke the licensee's license.

The Commission shall promulgate any rules and regulations necessary

to enforce the provisions of this subsection.

H. This act is game-specific and shall not be construed to

allow the operation of any other form of gaming unless specifically

allowed by this act. This act shall not permit the operation of

slot machines, house-banked card games, house-banked table games

involving dice or roulette wheels, or games where winners are

determined by the outcome of a sports contest.