810 KAR 1:001. 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

thoroughbred 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 810 KAR Chapter 1.

 

      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) "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 1.

      (4) "Association" is defined by

KRS 230.210(1).

      (5) "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.

      (6) "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 may be placed.

      (7) "Bleeder" means any horse

known to have bled internally or from its nostrils during a workout or race.

      (8) "Breakage" means the net

pool minus payout.

      (9) "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.

      (10) "Calendar days" means

consecutive days counted irrespective of number of racing days.

      (11) "Carryover" means

nondistributed pool monies which are retained and added to a corresponding pool

in accordance with 810 KAR Chapter 1.

      (12) "Claiming race" means any

race in which every horse running in the race may be transferred in conformity

with 810 KAR Chapter 1.

      (13) "Closing" means the time

published by the association after which entries for a race will not be

accepted by the racing secretary.

      (14) "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 from a

pari-mutuel wager pursuant to KRS 230.3615.

      (15) "Day" means any

twenty-four (24) hour period beginning at 12:01 a.m. and ending at midnight.

      (16) "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.

      (17) "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 1.

      (18) "Designated area" means

any enclosed area that the commission has approved for the location of

terminals used for wagering on an historical horse race.

      (19) "Disciplinary action"

means action taken by the stewards or the commission for a violation of KRS

Chapter 230 or 810 KAR Chapter 1 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.

      (20) "Disqualification" means a

ruling of the stewards or the commission revising the order of finish of a

race.

      (21) "Entry" means the act of

nominating a horse for a race in conformance with 810 KAR Chapter 1.

      (22) "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.

      (23) "Exhibition race" means a

race between horses of diverse ownership for which a purse is offered by the

association, but on which no pari-mutuel wagering is permitted.

      (24) "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.

      (25) "Field" or "mutuel

field" means a single betting interest involving more than one (1) horse

which is not a mutuel entry.

      (26) "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.

      (27) "Free handicap" means a

handicap for which no nominating fee is required to be weighted, but an

entrance or starting fee may be required for starting in the race.

      (28) "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.

      (29) "Handle" means the

aggregate of all pari-mutuel pools, excluding refundable wagers.

      (30) "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.

      (31) "Horse" means a

thoroughbred registered with The Jockey Club irrespective of age or sex designation.

      (32) "Ineligible" means a horse

or person not qualified under 810 KAR Chapter 1 or conditions of a race to participate

in a specified racing activity.

      (33) "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.

      (34) "Jockey" means a rider

currently licensed to ride in 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.

      (35) "Lessee" means a licensed

owner whose interest in a horse is a leasehold.

      (36) "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.

      (37) "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.

      (38) "Maiden" means a horse

which has never won a race on the flat at a recognized meeting in any country.

A maiden which was disqualified after finishing first remains a maiden. Race

conditions referring to maidens shall be interpreted as meaning maidens at the

time of starting.

      (39) "Match race" means a race

between two (2) horses for which no other horses are eligible.

      (40) "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.

      (41) "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.

      (42) "Month" means calendar

month.

      (43) "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.

      (44) "Net pool" means the total

amount wagered less refundable wagers and takeout.

      (45) "Nomination" means a

subscription or entry of a horse in a stakes or early closing race.

      (46) "Nominator" means the

person in whose name a horse is entered for a race.

      (47) "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.

      (48) "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.

      (49) "Patron" means an

individual present at a track or a simulcast facility who observes or wagers on

a live or historical horse race.

      (50) "Payout" means the amount

of the net pool payable to an individual patron on his or her winning wager.

      (51) "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 which finished first or second in

a race; if used in the context of multiple positions in the order of finish in

a race, "place or placing" means finishing first or second.

      (52) "Post" means the starting

point of a race.

      (53) "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.

      (54) "Post time" means the

advertised moment scheduled for the arrival of all horses at the starting point

for a race.

      (55) "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.

      (56) "Purse" means the gross

cash portion of the prize for which a race is run.

      (57) "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.

      (58) "Race" means a running

contest between thoroughbreds, ridden by jockeys, over a prescribed course free

of obstacles or jumps, at a recognized meeting, during regular racing hours,

for a prize.

      (59) "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.

      (60) "Racing official" means a

racing commission member, commission staff as duties require, and all association

racing department employees, as duties require.

      (61) "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 which are

regulated by a racing authority which has reciprocal relations with The Jockey

Club and whose race records can be provided to an association by The Jockey

Club.

      (62) "Registration certificate"

means:

      (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.

      (63) "Result" means the part of

the official order of finish in a race used to determine the pari-mutuel payoff

of pools.

      (64) "Rulings" means all

determinations, decisions, or orders of the stewards or of the commission duly

issued in writing and posted.

      (65) "Scratch" means the

withdrawal of a horse entered for a race after the time of closing of entries

for the race in conformance with 810 KAR Chapter 1.

      (66) "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.

      (67) "Secretary" means the duly

appointed and currently serving secretary of the commission.

      (68) "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.

      (69) "Specimen" means a sample

of blood, urine, or other biologic sample taken or drawn from a horse for

chemical testing.

      (70) "Stakes" means all fees

paid by subscribers to an added-money or stakes race for nominating,

eligibility, entrance, or starting, as may be required by the conditions of the

race. These fees shall be included in the purse.

      (71) "Stakes race" means a race

which 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" shall exclude races not listed by The Jockey

Club Information System International Cataloguing Standards, Part One (1).

      (72) "Steward" means a duly

appointed racing official with powers and duties specified in 810 KAR 1:004

serving at a current meeting in the Commonwealth.

      (73) "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.

      (74) "Subscription" means

nomination or entry of a horse in a stakes race.

      (75) "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 230.3615 and 810 KAR

Chapter 1.

      (76) "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.

      (77) "Thoroughbred racing" is

defined by KRS 230.210(3).

      (78) "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.

      (79) "Unplaced" means a horse

that finishes a race outside the pari-mutuel payoff.

      (80) "Walkover" means a race in

which the only starter or all starters represent single ownership.

      (81) "Weigh in" means the

presentation of a jockey to the clerk of scales for weighing after a race.

      (82) "Weigh out" means the

presentation of a jockey to the clerk of scales for weighing prior to a race.

      (83) "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 set out in 810 KAR 1:014(12).

      (84) "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.

      (85) "Year" means twelve (12)

consecutive months beginning with January and ending with December.

 

      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. (KSRC Ch. 1, 1.01 to.64; 1 Ky.R. 891; eff.

5-14-75; Am. 10 Ky.R. 652; eff. 3-1-84; 15 Ky.R. 2277; 16 Ky.R. 163; eff.

7-14-89; 18 Ky.R. 1977; eff. 2-19-92; 24 Ky.R. 2445; 25 Ky.R. 852; eff.

10-12-98; TAm eff. 8-9-2007; 37 Ky.R. 825; 2852; eff. 7-1-11.)