(5) Revenues from nongaming sources, including food,
beverages, souvenirs, advertising, clothing or other
Amounts deposited with a licensee for purposes of interactive
gaming and amounts taken in fraudulent acts perpetrated against
a licensee for which the licensee is not reimbursed may not be
considered to have been paid to the licensee for purposes of
calculating gross interactive gaming revenue.
"Interactive game." Any gambling game offered through the
use of communications technology that allows a person, utilizing
money, checks, electronic checks, electronic transfers of money,
credit cards, debit cards or any other instrumentality, to
transmit electronic information to assist in the placing of a
wager and corresponding information related to the display of
the game, game outcomes or other similar information. The term
does not include the conduct of gaming that occurs entirely
among participants located within the licensed facility of the
licensee or its affiliate, to the extent that the gaming may be
authorized by the board, or nongambling games that do not
otherwise require a license under the laws of this Commonwealth.
For purposes of this definition, "communications technology"
means any method used and the components employed by an
establishment to facilitate the transmission of information,
including transmission and reception by systems based on wire,
cable, radio, microwave, light, optics or computer data
networks, including the Internet and intranets.
"Interactive gaming agreement." A negotiated agreement
between the Commonwealth and one or more of the states or
territories of the United States in which interactive gaming is
legally authorized that permits persons located in the other
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