Current through Register Vol. 50, No. 9, March 1, 2024
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
230.215(2) authorizes the
Kentucky Horse Racing Commission to regulate conditions under which horse
racing shall be conducted in Kentucky.
KRS
230.260(8) authorizes the
commission to prescribe necessary and reasonable administrative regulations and
conditions under which horse racing at a horse race meeting shall be conducted
in Kentucky.
KRS
230.361(1) requires the
commission to promulgate administrative regulations governing and regulating
pari-mutuel wagering on horse races under the pari-mutuel system of wagering.
This administrative regulation defines the terms used in 810 KAR Chapter
6.
Section 1. Definitions.
(1) "Added money" means cash, exclusive of
trophy or other award, added by the association to stakes fees paid by
subscribers to form the total purse for a stakes race.
(2) "Age" means the number of years since a
horse was foaled, reckoned as if the horse was foaled on January 1 of the year
in which the horse was foaled.
(3)
"Appaloosa horse" means a horse duly registered with the Appaloosa Horse Club,
Inc., Moscow, Idaho.
(4) "Appaloosa
racing" is defined by
KRS
230.210(3).
(5) "Arabian horse" means "arabian" as
defined by
KRS
230.210.
(6) "Arrears" means all sums due by a
licensee as reflected by his or her account with the horsemen's bookkeeper,
including subscriptions, jockey fees, forfeitures, and any default incident to
810 KAR Chapter 6.
(7)
"Association" is defined by
KRS
230.210(5).
(8) "Authorized agent" means any person
currently licensed as an agent for a licensed owner or jockey by virtue of
notarized appointment of agency filed with the commission.
(9) "Betting interest" means a single horse,
or more than one (1) horse joined as a mutuel entry or joined in a mutuel
field, on which a single pari-mutuel wager can be placed.
(10) "Bleeder" means any horse known to have
bled internally or from its nostrils during a workout or race.
(11) "Breakage" means the net pool minus
payout.
(12) "Breeder" means the
owner of the dam of a horse when the horse was foaled. A horse is "bred" at the
place of its foaling.
(13)
"Calendar days" means consecutive days counted irrespective of number of racing
days.
(14) "Carryover" means
nondistributed pool monies which are retained and added to a corresponding pool
in accordance with
810 KAR
6:020.
(15) "Claiming race" means any race in which
every horse running in the race can be transferred in conformity with
810 KAR
4:050.
(16) "Closing" means the time published by
the association after which entries for a race will not be accepted by the
racing secretary.
(17) "Commission"
means:
(a) The Kentucky Horse Racing
Commission if used in the context of the administrative agency governing horse
racing and pari-mutuel wagering; or
(b) If used in the context of pari-mutuel
wagering, the amount an association is authorized to withhold from a
pari-mutuel wager pursuant to
KRS
230.3615,
KRS
230.750, and KAR Title 810. This meaning can
also refer to "takeout" as defined by subsection (83) of this
section.
(18) "Day"
means any twenty-four (24) hour period beginning at 12:01 a.m. and ending at
midnight.
(19) "Dead heat" means a
finish of a race in which the noses of two (2) or more horses reach the finish
line at the same time.
(20)
"Declaration" means the withdrawal of a horse entered in a race prior to time
of closing of entries for the race in conformance with 810 KAR Chapter
6.
(21) "Designated area" means any
enclosed area that the commission has approved for the location of terminals
used for wagering on historical horse races.
(22) "Disciplinary action" means action taken
by the stewards or the commission for a violation of KRS Chapter 230 or KAR
Title 810 and can include:
(a) Refusal to
issue or renew a license;
(b)
Revocation or suspension of a license;
(c) Imposition of probationary conditions on
a license;
(d) Issuance of a
written reprimand or admonishment;
(e) Imposition of fines or
penalties;
(f) Denial of purse
money;
(g) Forfeiture of purse
money; or
(h) Any combination of
paragraphs (a) through (g) of this subsection.
(23) "Disqualification" means a ruling of the
stewards or the commission revising the order of finish of a race.
(24) "Driver" means a person who is licensed
to drive a horse in a harness race.
(25) "Entry" means the act of nominating a
horse for a race in conformance with KAR Title 810.
(26) "Equipment" means accoutrements other
than ordinary saddle, girth, pad, saddle cloth, and bridle carried by a horse,
and includes whip, blinkers, tongue strap, muzzle, hood, noseband, bit, shadow
roll, martingale, breast plate, bandages, boots, and racing plates or
shoes.
(27) "Exhibition race" means
a race between horses of diverse ownership for which a purse is offered by the
association, but on which pari-mutuel wagering is not permitted.
(28) "Exotic wager" means any pari-mutuel
wager placed on a live or historical horse race or races other than a win,
place, or show wager placed on a live horse race.
(29) "Field" or "mutuel field" means a single
betting interest involving more than one (1) horse that is not a mutuel
entry.
(30) "Forfeit" means money
due by a licensee because of an error, fault, neglect of duty, breach of
contract, or alternative ruling of the stewards or the commission.
(31) "Free handicap" means a handicap for
which a nominating fee is not required to be weighted, but an entrance or
starting fee can be required for starting in the race.
(32) "Handicap race" means a race in which
the weights to be carried by the horses are assigned by the association
handicapper with the intent of equalizing the chances of winning for all horses
entered in the race.
(33) "Handle"
means the aggregate of all pari-mutuel pools, excluding refundable
wagers.
(34) "Historical horse
race" means any horse race that:
(a) Was
previously run at a licensed pari-mutuel facility located in the United
States;
(b) Concluded with official
results; and
(c) Concluded without
scratches, disqualifications, or dead-heat finishes.
(35) "Horse" means any equine (including and
designated as a mare, filly, stallion, colt, ridge-ling, or gelding).
(36) "Ineligible" means a horse or person not
qualified under 810 KAR Chapter 6 or conditions of a race to participate in a
specified racing activity.
(37)
"Initial seed pool" means a nonrefundable pool of money that can be funded by
an association in order to ensure that a patron will be paid the minimum amount
required on a winning wager on an historical horse race in the event of a minus
pool.
(38) "Jockey" means a rider
currently licensed to ride in races other than harness races as a jockey,
apprentice jockey, amateur jockey, or a provisional jockey permitted by the
stewards to ride in three (3) races prior to applying for a license.
(39) "Judge" means a duly appointed racing
official with powers and duties established in
810 KAR
2:050 serving at a current meeting in the
Commonwealth.
(40) "Lessee" means a
licensed owner whose interest in a horse is a leasehold.
(41) "Licensed premises" is defined by
KRS
230.210.
(42) "Licensee" means an individual, firm,
association, partnership, corporation, trustee, or legal representative that
has been duly issued a currently valid license to participate in racing in the
Commonwealth.
(43) "Maiden" means a
horse that has never won a race on the flat at a recognized meeting in any
country. A maiden that was disqualified after finishing first remains a maiden.
Race conditions referring to maidens shall be interpreted as meaning maidens at
the time of starting.
(44) "Match
race" means a race that is between two (2) horses and for which other horses
are not eligible.
(45) "Meeting"
means the entire period of consecutive days, exclusive of dark days, granted by
the commission to a licensed association for the conduct of live horse racing
that:
(a) Begins at 10 a.m. of the first
racing day; and
(b) Extends through
a period ending one (1) hour after the last scheduled race of the last
day.
(46) "Minus pool"
means a pari-mutuel pool in which the amount of money to be distributed on
winning wagers exceeds the amount of money contained in that pari-mutuel
pool.
(47) "Month" means calendar
month.
(48) "Mutuel entry" means a
single betting interest involving two (2) or more horses entered in the same
race and joined for pari-mutuel purposes because of common ties as to ownership
or training so that a wager on one (1) horse joined in a mutuel entry is a
wager on all horses joined in the same mutuel entry.
(49) "Net pool" means the total amount
wagered less refundable wagers and takeout.
(50) "Nomination" means a subscription or
entry of a horse in a stakes or early closing race.
(51) "Nominator" means the person in whose
name a horse is entered for a race.
(52) "Owner" means any person who holds, in
whole or in part, any right, title, or interest in a horse, or any lessee of a
horse, who has been duly issued a currently valid owner's license as a person
responsible for the horse.
(53)
"Pari-mutuel wagering," "mutuel wagering", or "pari-mutuel system of wagering"
is defined by
KRS
230.210.
(54) "Pari-mutuel pool" means any pool into
which pari-mutuel wagers made by patrons are placed. For every wager placed
into a pari-mutuel pool by a patron, that patron is eligible to receive at
least a minimum payout on a winning wager.
(55) "Patron" means an individual present at
a track, licensed premises, or a simulcast facility who observes or wagers on
live or historical horse races.
(56) "Payout" means the amount of the net
pool payable to an individual patron on his or her winning wager.
(57) "Place," if used in the context of a
single position in the order of finish in a race, means second; if used in the
context of pari-mutuel wagering, a "place" wager means one involving a payoff
on a betting interest that finished first or second in a race; or if used in
the context of multiple positions in the order of finish in a race, "place or
placing" means finishing first or second.
(58) "Player-funded pool" means a pool of
money funded by patrons wagering on a live or historical horse race or races
that is only used to ensure that a patron will receive a payout on a winning
wager in the event of a "minus pool" as defined in this administrative
regulation.
(59) "Post" means the
starting point of a race.
(60)
"Post position" means the relative place assigned to each horse, numbered from
the inner rail across the track at the starting line, from which each horse is
to start a race.
(61) "Post time"
means the advertised moment scheduled for the arrival of all horses at the
starting point for a race.
(62)
"Prize" means the combined total of any cash, premium, trophy, and object of
value awarded to the owners of horses according to order of finish in a
race.
(63) "Purse" means the gross
cash portion of the prize for which a race is run.
(64) "Quarter horse" is defined by
KRS
230.210.
(65) "Purse race" means any race for which
entries close at a time designated by the racing secretary, and for which
owners of horses entered are not required by its conditions to contribute money
toward its purse.
(66) "Race" means
a running contest between horses, ridden by jockeys or driven by drivers, over
a prescribed course free of obstacles or jumps, at a recognized meeting, during
regular racing hours, for a prize.
(67) "Race day" means any period of
twenty-four (24) hours beginning at 12:01 a.m. and ending at midnight in which
live racing is conducted by an association.
(68) "Racing official" means a racing
commission member, commission staff as duties require, and all association
racing department employees, as duties require.
(69) "Recognized meeting" means any meeting
with regularly scheduled live horse races for thoroughbreds on the flat,
licensed by and conducted under administrative regulations promulgated by a
governmental regulatory body, to include foreign countries that are regulated
by a racing authority that has reciprocal relations with The Jockey Club and
whose race records can be provided to an association by The Jockey
Club.
(70) "Registration
certificate" means, with respect to thoroughbreds:
(a) The document issued by The Jockey Club
certifying the name, age, color, sex, pedigree, and breeder of a horse as
registered by number with The Jockey Club; or
(b) The document known as a "racing permit"
issued by The Jockey Club in lieu of a registration certificate if a horse is
recognized as a thoroughbred for racing purposes in the United States, but is
not recognized as a thoroughbred for breeding purposes insofar as registering
its progeny with the Jockey Club.
(71) "Result" means the part of the official
order of finish in a race used to determine the pari-mutuel payoff of
pari-mutuel pools.
(72) "Rulings"
means all determinations, decisions, or orders of the stewards or of the
commission duly issued in writing and posted.
(73) "Scratch" means the withdrawal of a
horse entered for a race after the time of closing of entries for the race in
conformance with KAR Title 810.
(74) "Scratch time" means the time set by the
racing secretary as a deadline for horsemen to indicate their desire to scratch
out of a race.
(75) "Secretary"
means the duly appointed and currently serving secretary of the
commission.
(76) "Simulcasting" is
defined by
KRS
230.210.
(77) "Specimen" means a sample of blood,
urine, or other biologic sample taken or drawn from a horse for chemical
testing.
(78) "Stakes" means all
fees:
(a) Paid by subscribers to an
added-money or stakes race for nominating, eligibility, entrance, or starting,
as required by the conditions of the race; and
(b) Included in the purse.
(79) "Stakes race" means a race
that closes more than seventy-two (72) hours in advance of its running and for
which subscribers contribute money towards its purse, or a race for which
horses are invited by an association to run for a guaranteed purse of $50,000
or more without payment of stakes. With the exception of stakes races in North
America, "stakes race" excludes races not listed by The Jockey Club Information
System International Cataloguing Standards, Part One (1).
(80) "Starter" means a horse in a race when
the starting-gate doors open in front of it at the moment the starter
dispatches the horses for a race.
(81) "Steward" means a duly appointed racing
official with powers and duties specified in
810 KAR 2:040 serving at
a current meeting in the Commonwealth.
(82) "Subscription" means nomination or entry
of a horse in a stakes race.
(83)
"Takeout" means "commission" as defined by subsection (17)(b) of this
section
(84) "Terminal" means any
self-service totalizator machine or other mechanical equipment used by a patron
to place a pari-mutuel wager on a live or historical horse race or
races.
(85) "Thoroughbred racing"
is defined by
KRS
230.210.
(86) "Totalizator" means the system,
including hardware, software, communications equipment, and electronic devices
that accepts and processes the cashing of wagers, calculates the odds and
prices of the wagers, and records, displays, and stores pari-mutuel wagering
information.
(87) "Unplaced" means
a horse that finishes a race outside the pari-mutuel payoff.
(88) "Wagering pool" means "pari-mutuel pool"
as defined by subsection (54) of this subsection.
(89) "Walkover" means a race in which the
only starter or all starters represent single ownership.
(90) "Weigh in" means the presentation of a
jockey to the clerk of scales for weighing after a race.
(91) "Weigh out" means the presentation of a
jockey to the clerk of scales for weighing prior to a race.
(92) "Weight for age" means the standard
assignment of pounds to be carried by horses in races at specified distances
during specified months of the year, scaled according to the age of the horse
as established in
810 KAR 4:020.
(93) "Workout" means the training exercise of
a horse on the training track or main track of an association during which the
horse is timed for speed over a specified distance.
(94) "Year" means twelve (12) consecutive
months beginning with January and ending with December.
STATUTORY AUTHORITY:
KRS
230.215(2),
230.260(8),
230.361(1),
230.370