Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
230.215,
230.260(1)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
230.215(2) and
230.260(8)
authorize the commission to regulate horse racing in Kentucky. This
administrative regulation establishes requirements for the operation of
standardbred racing associations.
Section
1. During the course of its race meetings, a licensed standardbred
association shall display in the racing association's office the license issued
by the commission for the current year.
Section
2. Default in Payment of Purses. An association shall not default
in the payment of any purse that has been offered in a race.
Section 3. Time to File Claims for Unpaid
Purses. Unless a claim for an unpaid purse is filed with or appealed to the
commission within twelve (12) months after the date the race is contested, the
commission may release any performance bond it holds related to the
purse.
Section 4. If at a meeting
of a licensed association, a race is contested that has been promoted by
another party, and the promoters default in the payment of the amount raced
for, the same liability shall attach to the licensed association as if the race
had been offered by the licensed association.
Section 5. Minimum Advertised Purse or
Schedule of Purses. If an association advertises a minimum purse and conducts a
race for less than the advertised minimum, the association shall be fined the
difference between the advertised minimum and the lesser purse for which the
race was conducted, and the proceeds may be distributed among the money winning
horses in proportion to their respective winnings.
Section 6. Removal of a Horse from the
Grounds. A horse shall not be ordered off the grounds unless a minimum of
twenty-four (24) hours' notice (excluding Sunday) is provided to the person in
charge of the horse. A person shall not fail to remove a horse after proper
notice
Section 7. Driver Awards. An
association shall not pay or advertise to pay an award other than to an owner,
nominator, or breeder of a money-winning horse, except that an award may be
made to a driver of a horse breaking or equaling an association or world
record, or to a leading driver at a meeting.
Section 8. Paddock Rules.
(1) An association conducting an extended
pari-mutuel meeting shall provide a paddock or receiving barn.
(2) The paddock or receiving barn shall be
completely enclosed with a man-tight fence and each opening through the fence
shall be policed by a person licensed by the commission who shall exclude
unauthorized personnel. A daily record of persons entering or leaving the
paddock from one (1) hour prior to the first post time until all races on that
program have been completed shall be maintained on a form provided by the
association and approved by the commission.
(3) A horse shall be in the paddock at the
time prescribed by the presiding judge, but in any event at least one (1) hour
prior to post time of the race in which the horse is to compete. Except for a
warm up trip, a horse shall not leave the paddock until called to the
post.
(4) A person entitled to
admission to the paddock shall be at least sixteen (16) years old and shall
include:
(a) An owner of a horse competing on
the date of the race;
(b) A trainer
of a horse competing on the date of the race;
(c) A driver of a horse competing on the date
of the race;
(d) A groom and
caretaker of a horse competing on the date of the race;
(e) An official whose duties require the
presence of that person in the paddock or receiving barn;
(f) An official of the commission;
(g) The designated representative of the
horseman; and
(h) A person approved
by the presiding judge.
(5) Unless permission is granted by the
judges, a driver, trainer, groom, or caretaker, once admitted to the paddock or
receiving barn, shall not leave the paddock or receiving barn, other than to
warm up a horse, until the race or races for which the horse was admitted is
contested.
(6) All persons, except
drivers in the driver's stand, shall leave the paddock as soon as that person's
duties are completed for the race or races for which that person was
admitted.
(7) A member of a
registered stable, other than the driver, shall be entitled to admission to the
paddock on any day a horse owned by that stable is racing.
(8) During racing hours, an association shall
provide the services of a farrier within the paddock.
(9) During racing hours an association shall
promptly provide suitable extra equipment as may be necessary.
Section 9. Photo Finish, Film
Patrol, Head Numbers, Starting Gate.
(1) At
an association where pari-mutuel wagering is allowed, a photo finish, film
patrol, head numbers, saddle pads, and starting gate shall be used.
(2) At an extended pari-mutuel meeting, the
association shall provide for a back-up starting gate.
(3) If the judges use a photo to determine
the order of finish, the photo shall be posted for public inspection.
(4) Photo finish equipment shall include a
stationary camera, mounted above the finish wire and perpendicular to the race
track, along with a spinner or stationary target.
(5) A camera utilizing a shutter between the
film and the race track during the actual finish of a race, or which has a
field view greater than twelve (12) inches at the finish line, shall not be
utilized. The presiding judge shall verify that the photo finish equipment is
in working order prior to each racing program.
Section 10. Driver Insurance. An association
shall prepare and prominently display, in the race secretary's office, a
statement containing the name of the company providing driver insurance
coverage.
Section 11.
(1)
(a) An
association at an extended pari-mutuel meeting shall be equipped with a
scientifically-reliable breath, blood, or urine alcohol testing device approved
by the commission and operated by a person certified to use the device. A
licensee may be required to submit to a breath analyzer test at the discretion
of the presiding judge or his assistant, based on the presiding judge's
reasonable suspicion that the person might have an impermissible amount of
alcohol or illegal substances in his system.
(b) A person shall not be permitted to drive:
1. If a breath, blood, or urine alcohol
testing device reveals at the time of the person's entry into the paddock a
reading of 0.05% or more of alcohol or any trace of illegal controlled
substance either in the breath, blood, or urine of that individual;
or
2. If, in the opinion of the
presiding judge, a person is impaired to the point the person's driving skills
or judgement may be affected.
(c) At the time of entry into the paddock, if
a breath, blood, or urine alcohol testing device given to a person who is
scheduled to drive reveals the presence of 0.05% or more of alcohol or any
trace of an illegal controlled substance, the presiding judge shall charge the
driver with a violation pursuant to Section 15(1) of this administrative
regulation.
(2) A person
shall not be permitted to act as a judge, starter, or marshal if a breath,
blood, or urine alcohol testing device reveals a presence of 0.05% of alcohol
or any trace of illegal controlled substance in the blood, urine, or breath of
that individual at any time on a race day during which that person is schedule
to officiate. If alcohol or illegal substances are found to be present, that
individual shall be immediately relieved of duties for that program and a
report shall be made prior to the next racing day to the commission for
appropriate action. The individual shall be charged with a violation pursuant
to Section 15(1) of this administrative regulation.
(3) In any meeting other than an extended
pari-mutuel meeting, a driver, judge, starter, driver of the starting gate, and
marshall shall submit to a breath, blood, or urine alcohol test if requested by
the presiding judge. The result of the test shall be governed by subsection (2)
of this section, and the individual shall be charged with a violation pursuant
to Section 15(1) of this administrative regulation if the impermissible amount
of alcohol or illegal substances are found to be present.
Section 12. A saddle pad in use at an
association conducting an extended pari-mutuel meeting shall be standardized
consistent with a format to be established by the United States Trotting
Association.
Section 13. Horse
Ambulance. During an extended pari-mutuel race meeting, an association shall
provide a properly equipped and properly manned horse ambulance for the removal
of injured or dead animals from the track. The horse ambulance shall be present
on the grounds at any programmed race, time trial, or qualifying race under the
jurisdiction of the commission. A horse ambulance shall be equipped with a
screen for use if it is necessary to destroy an animal in view of the general
public, and with a winch to lift dead or injured animals onto the ambulance. It
shall be the responsibility of the commission to ensure that proper supplies of
alcohol, water, euthanasia medication, and horse leg splints are aboard the
ambulance.
Section 14. Emergency
Medical and Ambulatory Services for Persons.
(1) At an association where any programmed
race, time trial, or qualifying race under the jurisdiction of the commission
takes place, it shall be the responsibility of the association to:
(a) Provide a licensed paramedic, emergency
medical technician, or the equivalent; and
(b) Maintain in good operating order an
ambulance or other suitable transportation, capable of transporting injured
parties to an appropriate medical facility, available and stationed at an
entrance to the racing surface allowing for visual contact with the race in
progress.
(2) The
medical personnel present shall make a prompt response if one (1) or more
drivers or horses are involved in an accident or there is a need for emergency
transportation.
(3) The ambulance
shall be stationed at every programmed race, time trial, and qualifying race
under the jurisdiction of the commission.
(4) The emergency medical personnel and the
ambulance shall be on the premises during the period beginning one (1) hour
prior to post time for the first race on the program, or first qualifying race,
through the conclusion of the racing program. If the ambulance must leave its
station, a replacement ambulance shall be present on the association grounds
before the next race is run.
Section
15. Commission Office. An association shall provide suitable
facilities for the commission in the conduct of its business. Failure to do so
within ten (10) days after written notification by the commission setting out
the deficiencies of association facilities shall subject the licensee to a fine
up to $250 per day for each day that suitable facilities are not thereafter
provided.
Section 16. Policing of
Premises. The association shall provide a sufficient number of guards and
watchmen to maintain order on all parts of the racing enclosure. No tipster
shall be allowed on the licensed premises, no groom or stable attendant shall
loiter in the betting ring or elsewhere with the evident intention of engaging
in tipping for any remuneration or for nothing, and a person so found shall be
immediately escorted to the general manager of the licensee and his license
shall be taken up, and the licensee shall thereafter exclude the person from
the licensed premises.
Section 17.
Supervision of Peddlers. The association shall supervise the practice and
methods of merchandise peddlers who may have entry to the track enclosure.
Supervision shall be extended to any other stables where horses are lodged
which may be eligible to race at the meeting. However, the association shall
not by virtue of this rule or otherwise restrict the open purchasing or attempt
to control or monopolize any business or proper selling of merchandise to
owners, trainers, or stable employees.
Section
18. Drinking Fountains and Rest Rooms. The association shall
furnish an adequate number of free drinking water fountains, comfort stations,
and washrooms throughout its grounds and buildings for the use of the
public.
Section 19. Stabling of
Horses. A horse racing at a licensed meeting must be stabled within the
confines of that track; however, in case of necessity a horse may be stabled
within the confines of an adjacent Kentucky race track, or in another location
approved by the commission. The association holding the race meeting shall
provide for temporary stabling of horses, eligible to race, which are brought
to the races from approved outside stable space.
Section 20. Watchmen in Stable Area. Each
association shall maintain and furnish complete and adequate watchman service
night and day in and about all stable enclosures.
Section 21. Duties of Watchmen.
(1) Watchmen shall be individually
responsible for the certain part of the stable enclosure where they are on duty
and shall immediately investigate and report the presence of anyone during the
night or day who may be within the stable enclosure without possessing proper
credentials.
(2) A letter of
instructions to all watchmen shall be addressed to each of them by the
association, covering fully their duties and their strict obligation to keep
stable enclosures free from outsiders and hangers on, and a copy thereof
furnished to the commission.
Section
22. Stable Enclosures Fenced. Stable enclosures must be properly
fenced and admission granted only on proper license or credentials actually
shown to the gatemen. This rule may be waived with commission
approval.
Section 23. Betting by
Racing Officials. Betting by racing officials is prohibited.
Section 24. Betting by Paddock Employees. A
track employee working in the paddock area is not allowed to bet or pass
information to outsiders for betting purposes.
Section 25. Exculpatory Clauses. Effective
January 1, 1997, agreements (including but not limited to stall applications,
entry forms, and condition books) between persons or entities licensed by the
Kentucky Racing Commission regarding the stabling of horses, the racing of
horses, the training of horses or other activities at tracks owned or operated
by licensed associations, and conditions of racing established by licenses
associations, shall not contain provisions that absolve or hold harmless a
licensee from liability, or limit the liability of a licensee, for loss, loss
of use, injury, or damage caused or contributed to by the acts or omissions of
any licensee, its agents, or employees, except for:
(1) Ordinary negligence that causes or
contributes to loss, injury, or damage to horses while on the premises of a
licensed association; and
(2)
Ordinary negligence that causes or contributes to personal injury or property
damage, including but not limited to loss, loss of use, injury, or damage to
horses arising from the use of grass fields ("gallops") owned or controlled by
the licensed association. Subject to the above exceptions, all licensees
participating in the stabling of horses, the racing of horses, the training of
horses, and related activities at tracks owned or operated by licensed
associations shall be responsible for their own acts and omissions and those of
their agents and employees to the same extent as provided by law. No licensee
shall attempt to limit liability of a person or entity for gross negligence or
intentional wrongdoing.
Section
26. Constructive Notice to and Consent of Licensees. Persons
licensed by the Kentucky Horse Racing Commission shall be deemed, as a
condition of licensure, to have notice of and to have consented to exculpatory
provisions that comply with the limitations set forth in this regulation,
included in agreements between licensees and in conditions of racing
established by a licensed association. Exculpatory provisions which exceed the
limitations set forth in this regulation shall be void and unenforceable in
their entirety.
Section 27. Model
Provision. The following provision shall be deemed to comply with the
limitations set forth in this regulation: All Kentucky Horse Racing Commission
licensees, including but not limited to the host association, owners, trainers,
jockeys, drivers, and grooms ("licensees"), participating in stabling, racing,
training, and related activities at (name of licensed association) recognize
that hazards and risks inherent in such activities may cause the injury or
death of horses. Therefore, in consideration of participating in stabling,
racing, training and related activities at (name of licensed association), all
licensees assume the risks of, and release, hold harmless, and covenant not to
sue other participating licensees for:
(1)
Ordinary negligence that causes or contributes to loss, loss of use, injury, or
damage to horses while on the premises of (name of association); and
(2) Ordinary negligence that causes or
contributes to personal injury or property damage, including but not limited to
loss, loss of use, injury, or damage to horses arising from the use of grass
fields ("gallops") owned or controlled by (name of licensed association),
whether arising from alleged acts or omissions of a licensee, its agents, or
employees, the condition of the premises of (name of licensed association), or
any other cause. Except as provided above, licensees participating in racing,
training, and related activities at (name of licensed association) shall be
responsible for their own acts and omissions and those of their agents and
employees to the same extent as provided by law.
Section 28. Persons Permitted on Licensed
Premises.
(1) A licensee of the commission
shall immediately report to association security personnel the presence of any
person not authorized by this administrative regulation to be on all or any
portion of association grounds.
(2)
A licensee shall take all necessary measures that are not prohibited by law to
maintain the security of horses on association grounds and to protect horses
from injury due to mistreatment, fright, or tampering.
(3) Persons not employed by, or not the
invited guests of, the racing association, the owner, or trainer of a horse
scheduled to run that day shall be excluded from the paddock area, race strip,
and appurtenant portions of the track, with the following exceptions:
(a) Members, officers, and employees of the
commission;
(b) Racing
officials;
(c) Police
officers;
(d) Officials and
directors of the United States Trotting Association;
(e) Officials and directors of Standardbred
Canada; and
(f) Duly-accredited
members of the news media.
Section 29. Admission to Premises. A current
badge or button issued by the commission, or a current badge or button issued
by the Association of Racing Commissioners International, shall be honored for
admission to any location on association grounds operating under the
jurisdiction of the commission.
Section
30. Limited Admission.
(1) A
person not possessing and displaying a properly-issued badge or identification
card shall not be permitted to enter any part of the licensed premises except
the clubhouse, grandstand, or other areas open to patrons or the general
public, with the following exceptions:
(a)
Members, officers, and employees of the commission;
(b) Racing officials;
(c) Police officers;
(d) Persons permitted into the paddock area,
race strip, and appurtenant portions of the track under Section 1(3) of this
administrative regulation; and
(e)
Persons permitted into the stable area under Section 3(2) of this
administrative regulation.
(2) Only the following persons performing
official duties within the stable area shall be entitled to enter the stable
area of a licensee:
(a) Members, officers, and
employees of the commission;
(b)
Members and employees of the association;
(c) Racing officials;
(d) Police officers;
(e) Owners;
(f) Trainers;
(g) Grooms; and
(h) Others who are performing official duties
within the stable area.
Section 31. Identification Cards and Badges.
(1) Cards and badges.
(a) A licensee shall issue identification
cards or badges only to:
1. The licensee's
officers, employees, guards, and watchmen;
2. Drivers; and
3. Owners and trainers and their employees,
assistants, grooms, and attendants.
(b) A licensee shall have the right to recall
identification cards or badges upon reasonable cause to believe a violation of
the law has occurred or as reasonably necessary to maintain effective security
procedures.
(c) Identification
cards or badges shall be collected from owners and trainers and their
employees, assistants, grooms, and attendants when the horses of the owners or
trainers are removed from the licensed premises.
(d) An identification card or badge shall not
be transferable.
(e) An
identification card or badge shall be subject to forfeiture if utilized or
attempted to be utilized by a person other than the person to whom it was
issued.
(f) The commission shall
specifically identify by color designation each association under its control.
The licensee shall only authorize admittance to the association upon the
showing of a properly color-coded identification card or badge. An
identification card or badge shall be subject to forfeiture if the holder
utilizes the card or badge to attempt to gain entry or access to an association
other than the one for which the card or badge applies.
(g) An identification card or badge may be
declared forfeit by the executive director of the commission, the designated
representative of the commission, or the presiding judge upon reasonable cause
to believe a violation of the law has occurred, or as reasonably necessary to
maintain effective security procedures.
(2) Enforcement. The director of security
designated by the commission shall have the primary responsibility of enforcing
this administrative regulation.
Section 32. Association with Undesirables
Prohibited.
(1)
(a) An owner, driver, trainer, groom,
attendant, or other person having charge of or access to a harness race horse
shall not associate with, consort with, or in any manner communicate with a
known gambler, bookmaker, tout, or persons of similar pursuits either on or off
association grounds.
(b) An owner,
driver, trainer, groom, attendant, or other person having charge of or access
to a harness race horse shall be presumed to have knowledge of the reputation
or notoriety of persons with whom he or she has communications regarding horse
racing.
(2) A person
under the jurisdiction or control of the commission shall have a duty to
immediately report knowledge of any of the following activities to the
commission or one (1) of its appointed representatives:
(a) Offer or promise of a bribe;
(b) Request or suggestion for a
bribe;
(c) Offer, promise, request,
or suggestion of any other improper, corrupt, or fraudulent act or practice
that could affect the outcome of a race; or
(d) Request or suggestion that a race be
conducted otherwise than fairly and in accordance with the law.
Section 33. Tack
Inspection. For the purpose of maintaining the safety and security of the
association grounds, the commission or its designated representative shall have
the right to permit an authorized person to inspect or examine the personal
effects or property of every trainer, driver, stable foreman, groom, authorized
agent, and veterinarian, by entering in or upon:
(1) The stable, rooms, or other places within
the track enclosure where a race meeting is held; or
(2) Other tracks or places where horses
eligible to race at a race meeting are kept.
STATUTORY AUTHORITY:
KRS
230.215(2),
230.260(3)