811 KAR 1:005. Definitions.
RELATES TO: KRS Chapter 230
STATUTORY AUTHORITY: KRS 230.215,
230.225(5), 230.260, 230.361(1), 230.370
NECESSITY, FUNCTION, AND CONFORMITY: KRS
230.215(2) grants the commission the authority to regulate conditions under which
standardbred racing shall be conducted in Kentucky. KRS 230.260(8) grants the
commission the authority to prescribe necessary and reasonable administrative
regulations and conditions under which horse racing at a horse race meeting
shall be conducted in this state. KRS 230.361(1) requires the commission to
promulgate administrative regulations governing and regulating mutuel wagering
on horse races under the pari-mutuel system of wagering. This administrative
regulation defines the terms used in 811 KAR Chapter 1.
Section 1. Definitions. (1) "Added
money" means the amount of money, exclusive of trophy, added into a stakes
by an association, a sponsor, a state-bred program, or other fund, and which is
in addition to those monies gathered by nomination, entry, sustaining and other
fees paid by the horsemen.
(2) "Age" means the number of
years since a horse was foaled, reckoned as if the horse was foaled in January
1 of the year in which the horse was foaled.
(3) "Also eligible" means:
(a) An eligible horse, properly entered,
which is not drawn for inclusion in a race, but which becomes eligible
according to preference or lot if another horse is scratched prior to the
scratch time deadline; or
(b) The next preferred nonqualifier for
the finals, or consolation from a set of elimination trials, which becomes
eligible if a finalist is scratched by the judges for a rule violation or is
otherwise eligible if written race conditions permit.
(4) "Appeal" means a request
for the commission to investigate, consider, and review any decision or ruling
of a judge or official of a meeting to deal with placings, penalties, interpretations
of the rules, or other questions dealing with the conduct of a race.
(5) "ARCI" means the
Association of Racing Commissioners International.
(6) "Arrears" means all sums
due by a licensee as reflected by his or her account with the horseman's
bookkeeper, including subscriptions, driver fees, forfeitures, and any default
incident to 811 KAR Chapter 1.
(7) "Association" is defined by
KRS 230.210(1).
(8) "Bleeder" means a horse
known to have bled internally or from its nostrils during a workout or race.
(9) "Bleeder list" means a
tabulation of all bleeders to be maintained by the commission.
(10) "Breakage" means the net
pool minus payout.
(11) "Breeder" means the owner
of the dam of a horse when the horse was conceived.
(12) "Calendar days" means
consecutive days counted irrespective of number of racing days.
(13) "Carryover" means
nondistributed pool monies which are retained and added to a corresponding pool
in accordance with 811 KAR Chapter 1.
(14) "Claiming race" means a
race in which ownership of a horse participating in the race may be transferred
in conformity with 811 KAR Chapter 1.
(15) "Classified race" means a
race in which entries are selected by the racing secretary on the basis of
ability or past performance.
(16) "Coggins test" means a
medical procedure used to determine if a horse is positive for Equine
Infectious Anemia.
(17) "Commission" means:
(a) The Kentucky Horse Racing Commission
(formerly known as the Kentucky Horse Racing Authority and defined in KRS
230.210(2)) if used in the context of the administrative agency governing horse
racing and pari-mutuel wagering; and
(b) If used in the context of pari-mutuel
wagering, the amount an association is authorized to withhold form a
pari-mutuel wager pursuant to KRS 230.750.
(18) "Conditioned race" means
an overnight race in which eligibility is determined according to specified
conditions, which may include the following:
(a) Age;
(b) Sex;
(c) Earnings;
(d) Number of starts; or
(e) Positions of finishes.
(19) "Conditions" means
qualifications that determine a horse's eligibility to be entered in a race.
(20) "Coupled entry" means two
(2) or more horses in a race that are treated as a single betting interest for
pari-mutuel wagering purposes.
(21) "Dash" means a race in a
single trial or in a series of two (2) or three (3) races governed by one (1) entry
fee for the series, in which a horse starts in all dashes with positions drawn
for each dash and the number of purse distributions or payouts awarded does
exceed the number of starters in the dash.
(22) "Day" means a twenty-four
(24) hour period beginning at 12:01 a.m. and ending at midnight.
(23) "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.
(24) "Declaration" means the
naming of a particular horse as a starter in a particular race.
(25) "Designated area" means
any enclosed area that the commission has approved for the location of
terminals used for wagering on an historical horse race.
(26) "Disqualification" means
that:
(a) An individual is not allowed to start
or drive a horse in a race; or
(b) A horse is not allowed to start in a
race.
(27) "Draw" means the process
of assigning post positions and the process of selecting horses.
(28) "Driver" means a person
who is licensed to drive a horse in a race.
(29) "Early closing race" means
a race for a definite amount of money in which entries close at least six (6)
weeks prior to the race.
(30) "Electronic ability" means
a computer-generated eligibility certificate that records a horse's racing
statistics.
(31) "Elimination heat" means
an individual heat of a race in which the contestants qualify for a final heat.
(32) "Entry" means the act of
nominating a horse for a race.
(33) "Exhibition race" means a
race on which no pari-mutuel wagering is permitted.
(34) "Exotic wager" means any
pari-mutuel wager placed on a live or historical horse race other than a win,
place, or show wager placed on a live horse race.
(35) "Extended pari-mutuel
meeting" means a meeting or series of meetings, at which no agriculture
fair is in progress, with an annual total of more than six (6) days duration
and during which pari-mutuel wagering is permitted.
(36) "Field" or "mutuel
field" means a single betting interest involving more than one (1) horse
which is not a mutuel entry.
(37) "Forfeit" means money due
from a licensee because of error, fault, neglect of duty, breach of contract,
or a penalty imposed by the judges or the commission.
(38) "Futurity" means a stake
in which the dam of the competing animal is nominated either when in foal or
during the year of foaling.
(39) "Handicap" means a race in
which allowances are made according to a horse's:
(a) Age;
(b) Sex;
(c) Claiming price; or
(d) Performance.
(40) "Handle" means the
aggregate of all pari-mutuel pools, excluding refundable wagers.
(41) "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.
(42) "Horse" means any equine
(including and designated as a mare, filly, stallion, colt, ridgeling, or
gelding) registered for racing.
(43) "In harness" means that the
performance will be to a sulky.
(44) "Initial seed pool" means
a nonrefundable pool of money funded by an association in an amount sufficient
to ensure that a patron will be paid the minimum amount required on a winning
wager on an historical horse race.
(45) "Inquiry" means an
investigation by the judges of a contest prior to declaring the result of the
contest official.
(46) "Judge" means a duly
appointed racing official with powers and duties specified in 811 KAR 1:015
serving at a current meeting in the Commonwealth.
(47) "Late closing race" means
a race for a fixed amount of money in which entries close less than six (6)
weeks but not more than three (3) days before the race is to be contested.
(48) "Licensed premises" means
the location and physical plant described in response to question P of the
"Commonwealth of Kentucky Initial/Renewal Application for License to Conduct
Live Horse Racing, Simulcasting, and Pari-Mutuel Wagering" filed for racing
to be conducted in 2010. Licensed premises may also include real property of an
association, if the association receives approval from the commission for a new
location at which live racing will be conducted.
(49) "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.
(50) "Maiden" means a horse
that has never won a heat or race at the gate at which it was entered, and for
which a purse is offered.
(51) "Maiden race" means a race
restricted to maidens.
(52) "Match race" means a race
between two (2) horses under conditions agreed upon between the contestants.
(53) "Matinee race" means a
race in which no entrance fee is charged and in which the payouts, if any, are
not money.
(54) "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. A meeting shall
begin at 10 a.m. of the first racing day and extend through a period ending one
(1) hour after the last scheduled race of the last day.
(55) "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 the net pool.
(56) "Month" means a calendar
month.
(57) "Net pool" means the total
amount wagered less refundable wagers and takeout.
(58) "Nomination" means the
naming of a horse to a certain race or series of races, generally accompanied
by payment of a prescribed fee.
(59) "Objection" means a verbal
claim of foul in a race lodged by the horses driver, trainer, or owner before
the race is declared official.
(60) "Official order of finish"
means the order of finish of the horses in a contest as declared official by
the judges.
(61) "Official time" means the
elapsed time from the moment the first horse crosses the timing beam until the
first horse crosses the finish line.
(62) "Optional claiming race"
means a contest restricted to horses entered to be claimed for a stated
claiming price, and to horses which have started previously for that claiming
price or less.
(63) "Overnight race" means a
contest for which entries close at a time set by the commission.
(64) "Pari-mutuel wagering",
"mutuel wagering", or "pari-mutuel system of wagering" each
means a system or method of wagering approved by the commission in which
patrons are wagering among themselves and not against the association and
amounts wagered are placed in one or more designated wagering pools and the net
pool is returned to the winning patrons.
(65) "Patron" means an
individual present at a track or a simulcast facility who observes or wagers on
a live or historical horse race.
(66) "Payout" means the amount
of the net pool payable to an individual patron on his or her winning wager.
(67) "Post position" means the
preassigned position from which a horse will leave the starting gate.
(68) "Post time" means the
scheduled starting time for a race.
(69) "Protest" means a written
objection charging that a horse is ineligible to race, alleging improper entry
procedures, or citing any act of an owner, trainer, driver, or official
prohibited by rules, which, if true, would exclude that horse or driver from racing.
(70) "Purse" means the total
cash awarded as a prize in a race.
(71) "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.
(72) "Result" means the part of
the official order of finish in a race used to determine the pari-mutuel payoff
of pools.
(73) "Scratch" means the act of
withdrawing an entered horse from a race after the closing of entries.
(74) "Scratch time" means the
deadline set for withdrawal of entries from a scheduled race.
(75) "Seed pool" means a pool
of money funded by patrons wagering on an historical horse race that is used to
ensure that all patrons are paid the minimum payout on winning wagers.
(76) "Simulcasting" is defined by
KRS 230.210(11).
(77) "Single price pool" means
an equal distribution of profit to winning betting interests or winning betting
combinations through a single payout price.
(78) "Specimen" means a sample
of blood, urine, or other biologic sample taken or drawn from a horse for
chemical testing.
(79) "Stable name" means a name
used other than the actual legal name of an owner or lessee and registered with
the United States Trotting Association.
(80) "Stake" means a race which
will be contested in a year subsequent to its closing in which the money given
by the association conducting the race is added to the money contributed by the
nominators, all of which except deductions for breeders or nominator's awards
belongs to winner or winners, and in which, except as provided in 811 KAR
1:040, Section 6, all of the money contributed by the nominators belongs to the
winner or winners.
(81) "Starter" means a horse
which becomes an actual contestant in a race by virtue of the starting gate
opening in front of it upon dispatch by the official starter.
(82) "Sulky" means a dual-wheel
racing vehicle with dual shafts not exceeding the height of the horse's
withers.
(83) "Takeout" means the total
amount of money, excluding breakage and any amounts allocated to a seed pool,
withheld from each pari-mutuel pool, as authorized by KRS 230.750 and 811 KAR
Chapter 1.
(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.
(85) "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.
(86) "Touting" means the act of
soliciting anything of value in exchange for information regarding the outcome
of a horse race on which wagers are made at a wagering facility under the jurisdiction
of the commission.
(87) "USTA" means the United
States Trotting Association.
(88) "Walkover" means a race in
which only one (1) horse starts or in which all the starters are owned by the
same interest.
Section 2. Severability. In the event that any provision
or administrative regulation of this chapter is found to be invalid, the
remaining provisions of this chapter shall not be affected nor diminished thereby. (KTC 1-8 (Rule
4); 1 Ky.R. 1097; eff. 6-11-75; Am. 4 Ky.R. 328; eff. 5-3-78; 27 Ky.R. 2579;
3086; eff. 5-14-2001; 33 Ky.R. 908; 1345; 1802; eff. 2-2-07; 37 Ky.R. 834;
2860; eff. 7-1-11.)
