Ariz. Rev. Stat. » Title 5
Arizona Revised Statutes

Ariz. Rev. Stat. § 5-101 (2026)

Definitions

✓ current as of May 2026
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In this article, unless the context otherwise requires:

1. "Additional wagering facility" means a facility that is not the enclosure in which authorized racing takes place but that meets the requirements of section 5-111, subsection A and is used by a permittee for handling pari-mutuel wagering.

2. "Advance deposit wagering" means a form of pari-mutuel wagering that allows a person to deposit monies in advance in an account with an advance deposit provider and use the monies to pay for pari-mutuel wagering on live or simulcast racing that the advance deposit pari-mutuel wagering permittee accepts or makes.

3. "Advance deposit wagering provider" means a betting system or multijurisdictional wagering provider that is authorized to conduct advance deposit wagering pursuant to this article.

4. "Applicant" means a person, partnership, association or corporation placing before the department an application for a permit or license.

5. "Association" means a body of persons, corporations, partnerships or associations, united and acting together without a charter from the state for the prosecution of some common enterprise.

6. "Commercial horse racing" means horse racing conducted other than by a county fair association.

7. "Commission" means the Arizona racing commission.

8. "Concessionaire" means a person, partnership, association or corporation that offers goods or services for sale to the public, a permittee or a licensee at an enclosure in which authorized racing takes place or an additional wagering facility.

9. "County fair facility" means any place, enclosure or track constructed in accordance with a permit issued by the commission for the purpose of running county fair horse racing dates as well as any commercial dates for horse racing that may be awarded by the commission in reference to the location.

10. "County fair racing association" means an association duly authorized by the board of supervisors to conduct a county fair racing meeting for the benefit of the county.

11. "Dark day simulcast" means a simulcast received on a day when there are no posted races conducted at the enclosure in which authorized racing takes place.

12. "Department" means the department of gaming.

13. "Desensitized" means that a horse's legs on arrival at the receiving barn or saddling paddock do not respond appropriately to tests for feeling administered by an official veterinarian.

14. "Director" means the director of the department of gaming.

15. "Dog racing" means racing in which greyhound dogs chase a mechanical lure.

16. "Entered" means that a horse or dog has been registered with an authorized racing official as a participant in a specified race and has not been withdrawn prior to presentation of the horse or dog for inspection and testing as provided in section 5-105.

17. "Financial interest" means any direct pecuniary interest.

18. "Firm" means a business unit or enterprise that transacts business.

19. "Handle" means the total amount of money contributed to all pari-mutuel pools by bettors.

20. "Harness racing" means horse racing in which the horses are harnessed to a sulky, carriage or similar vehicle and driven by a driver.

21. "Horse racing" means racing in which horses are mounted and ridden by jockeys. For purposes of county fair racing meetings, "horse racing" means racing in which horses or mules are mounted and ridden by jockeys.

22. "License" means the license issued by the department to each employee or other person participating in any capacity in a racing meeting, including officials and employees of the pari-mutuel department.

23. "Pari-mutuel wagering" means a system of betting that provides for the distribution among the winning patrons of at least the total amount wagered less the amount withheld under state law.

24. "Permit" means a permit for a racing meeting issued under this article.

25. "Racing meeting" means a number of days of racing allotted by the commission in one permit.

26. "Simulcast" means the telecast shown within this state of live audio and visual signals of horse, harness or dog races conducted at an out-of-state track or the telecast shown outside this state of live audio and visual signals of horse or harness races originating within this state for the purpose of pari-mutuel wagering.

27. "Source market fee" means the fee that an advance deposit wagering provider pays to a commercial permittee in the state where the advance deposit wagering customer resides.

28. "Telephone" means any device that a person uses for voice communications in connection with the services of a telephone company.

29. "Unauthorized racing meeting" means any racing meeting conducted outside the bounds of a permit.

30. "Undesirable" includes known bookmakers, touts, persons convicted of a violation of this article or of any law prohibiting bookmaking or any other illegal forms of wagering, or any other person whose presence would, in the opinion of the director, be inimical to the interests of the state.

31. "Week" means seven consecutive days beginning on Monday and ending on Sunday, mountain standard time.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1978–2025 · leading case: Arizona Downs v. Arizona Horsemen's Found., 637 P.2d 1053 (Ariz. 1981).
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Arizona Downs v. Arizona Horsemen's Found., 637 P.2d 1053 (Ariz. 1981). · cites it 8× “Before a racing meeting may be conducted, the person or corporation intending to hold the racing meeting must obtain a permit from the Racing Commission.”
Am. Greyhound Racing, Inc. v. Hull, 146 F. Supp. 2d 1012 (D. Ariz. 2001). · cites it 2× “For example, pari-mutuel gaming is highly regulated by statute, see A.R.S. § 5-101 et seq., and against a broad prohibition of gambling, there is a limited statutory exception for raffles, A.”
Monarch Content Mgmt. LLC v. Arizona Dep't of Gaming, 971 F.3d 1021 (9th Cir. 2020). · cites it 2× “” A.R.S. § 5-101(26). But, no provision of Arizona law expressly conditions OTB wagering on the use of a simulcast.”
Simms v. Simms, 567 P.3d 92 (Ariz. Ct. App. 2025). · cites it 4× “§ 5- 108(A)(3), (A)(4) (2013); see also A.R.S. § 5-101(10) (2013) (defining “Department” as “the Arizona department of racing”).”
T.P. Racing, L.L.L.P. v. Arizona Dep't of Racing, 222 P.3d 280 (Ariz. Ct. App. 2009). · cites it 2× “*261 ¶ 13 Although “background investigation” is not defined in AR.S. § 5-101, the statutory provisions contained in chapter 1 indicate that the phrase includes an inquiry into both the applicant’s criminal background and the more general character of an applicant.”
Nation v. Apache Greyhound Park, Inc., 579 P.2d 580 (Ariz. Ct. App. 1978). · cites it 2× “Rather, he argues that: (1) where a state grants a monopoly over a particular activity, the public cannot be barred without cause and (2) the authority given to the Arizona Racing Commission under A.”
Tp Racing v. Simms (Ariz. Ct. App. 2016). · cites it 2× “See A.R.S. §§ 5-101(20), (23). The Court agrees with TP Racing that Ron paints the Preliminary Injunctions with too fine a brush.”
Tp Racing v. Adog (Ariz. Ct. App. 2022). · cites it 2× “, A.R.S. §§ 5-101, 5-107 to -112. And aside from the clause at issue, the legislature only uses “franchise” in Title 5 to refer to “major league baseball franchises” and a “professional football franchise.”
Turf Paradise, Inc. v. Arizona Dep't of Revenue, 872 P.2d 201 (Ariz. T.C. 1994). · cites it 2× “ANALYSIS Much of the horse racing in Arizona is controlled by statute, A.R.S. § 5-101, et seq. Section 5-111 details how the money wagered is to be distributed.”
— Ariz. Rev. Stat. § 5-101(10) — 1 case
Simms v. Simms, 567 P.3d 92 (Ariz. Ct. App. 2025). “§ 5- 108(A)(3), (A)(4) (2013); see also A.R.S. § 5-101(10) (2013) (defining “Department” as “the Arizona department of racing”).”
— Ariz. Rev. Stat. § 5-101(20) — 1 case
Tp Racing v. Simms (Ariz. Ct. App. 2016). “See A.R.S. §§ 5-101(20), (23). The Court agrees with TP Racing that Ron paints the Preliminary Injunctions with too fine a brush.”
— Ariz. Rev. Stat. § 5-101(25) — 1 case
Simms v. Simms, 567 P.3d 92 (Ariz. Ct. App. 2025). “§ 5- 108(A)(3), (A)(4) (2013); see also A.R.S. § 5-101(10) (2013) (defining “Department” as “the Arizona department of racing”).”
— Ariz. Rev. Stat. § 5-101(26) — 1 case
Monarch Content Mgmt. LLC v. Arizona Dep't of Gaming, 971 F.3d 1021 (9th Cir. 2020). “” A.R.S. § 5-101(26). But, no provision of Arizona law expressly conditions OTB wagering on the use of a simulcast.”
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