Connecticut Administrative Code › Title 12 - Taxation › 574-B - The Operation of Harness Racing › Section 12-574-B2 - Definitions, constructions, interpretations

Current through July 10, 2024
(a) In applying
			 the rules and regulations as contained herein, including all amendments
			 thereto, the following definitions, interpretations shall apply:
(1) Act. Public Act 865 of the 1971 session
			 of the general assembly together with any and all amendments thereto.
(2) Added money-early closing event. An event
			 closing in the same year in which it is to be contested in which all entrance
			 and declaration fees received are added to the purse.
(3) Age. The age of a horse shall be
			 determined from the first day of January of the year of foaling, except that
			 for foals born in November and December of any year in which case the age shall
			 be determined from January 1 of the succeeding year.
(4) Appeal. A request for the commission to
			 investigate, consider, and review any decisions or rulings of judges or
			 officials of a meeting. The appeal may deal with placings, penalties,
			 interpretations of the rules or other questions dealing with the conduct of
			 races.
(5) Applicant. Applicant
			 shall mean, according to the requirement of the text:
(A) A person seeking to obtain an
			 occupational license from the commission or
(B) An individual, partnership or corporation
			 seeking to obtain a license to conduct a harness race meeting pursuant to the
			 act.
(6) Arrears.
			 Arrears include all moneys due for entrance forfeits, fees (including drivers'
			 fees), forfeitures, subscriptions, stake, purchase money in claiming races, and
			 also any default in money incident to the rules.
(7) Association. An individual, partnership
			 or corporation licensed to conduct a recognized harness meeting pursuant to the
			 act.
(8) Authorized agent. A person
			 appointed by a written instrument signed by the owner and filed in accordance
			 with the rules.
(9) Claiming race.
			 A claiming race is one in which every horse competing therein may be claimed in
			 conformity to the rules.
(10)
			 Classified race. A race regardless of the eligibility of horses with entries
			 being selected on the basis of ability or performance.
(11) Commission. Commission shall mean the
			 nine (9) commissioners of the commission on special revenue of the state of
			 Connecticut, as established by the act and their duly authorized
			 representatives.
(12) Conditioned
			 race. An overnight event to which eligibility is determined according to
			 specified qualifications. Such qualifications are provided for in rule (p) of
			 Section
			 12-574-B29.
(13) Coupled entry. Two or more horses
			 starting in a race when owned or trained by the same person, or trained in the
			 same stable or by the same management. Such horses are coupled as an "entry,"
			 and a wager on one shall be a wager on all of them.
(14) Dash. A race decided in a single trial.
			 Dashes may be given in a series of two or three governed by one entry fee for
			 the series, in which event a horse must start in all dashes. Positions may be
			 drawn for each dash. The number of premiums awarded shall not exceed the number
			 of starters in the dash.
(15) Day.
			 Shall mean, according to the requirement of the text:
(A) A period of twenty-four (24) hours,
			 beginning at midnight.
(B) Any
			 period of twenty-four (24) hours beginning at midnight and included in the
			 period of a race meeting.
(16) Declaration. Means the naming of a
			 particular horse to a particular race as a starter. Declarations shall be taken
			 not more than three racing days in advance for all races except those for which
			 qualifying dashes are provided.
(17) Disqualification. A person who is barred
			 from acting as an official or from starting or driving a horse in a race, or in
			 the ease of a horse, it shall not be allowed to start.
(18) Drug. Drug shall be deemed to include
			 substances intended for use in the diagnosis, treatment, mitigation, cure or
			 prevention of disease in man or other animals and substances (other than foods)
			 intended to affect the structure or any function of the body of man or other
			 animals.
(19) Early closing race. A
			 race for a definite amount to which entries close at least six weeks preceding
			 the race. The entrance fee may be on the installment plan or otherwise, and all
			 payments are to be non-refundable.
(20) Elimination heats or dashes. Heats or
			 dashes of a race split according to these rules to qualify the contestants for
			 a final heat or dash.
(21) Entry. A
			 horse that has been entered in a race and accepted.
(22) Expulsion. The unconditional exclusion
			 and disqualification from any participation, either directly or indirectly, in
			 the privileges and uses of the course and grounds of the association of a
			 licensee or patron.
(23) Extended
			 pari-mutuel meetings. An extended parimutuel meeting is a meeting, or meetings,
			 at which no agricultural fair is in progress with an annual total of more than
			 ten (10) days duration with pari-mutuel wagering.
(24) Forfeit. Money due because of an error,
			 fault, neglect of duty, breach of contract, or a penalty.
(25) Futurity. A stake in which the dam of
			 the competing animal is nominated either when in foal or during the year of
			 foaling.
(26) Gender. References in
			 these rules to the male gender shall be deemed to include the female gender
			 unless the circumstances preclude such inclusion.
(27) Green horse. One that has never trotted
			 or paced in a race or against time.
(28) Guaranteed stake. A race for which an
			 association guarantees by its conditions a specified purse, which shall be the
			 limit of its liability. However, if in any such race there should be any
			 surplus from entries and subscriptions over the sum guaranteed, it shall also
			 be paid to the winner, unless by the conditions it is to be paid to other
			 horses in the race.
(29) Handicap.
			 A race in which performance, or a sex allowance is made. Post positions for a
			 handicap may be assigned by the racing secretary. Post positions in a handicap
			 claiming race may be determined by the claiming price.
(30) Heat. One of the two or three
			 installments of a race, the winner being decided by its performance in the
			 several installments.
(31) Inquiry.
			 When the judges suspect that a foul or any other misconduct during a race has
			 occurred, they shall post an inquiry sign at the conclusion of the race and
			 delay the "official" sign until they have reviewed the suspected
			 infraction.
(32) Interference. Any
			 act, which by design or otherwise, and regardless of actual contact, hampers or
			 obstructs any competing horse or horses.
(33) International championship. A race
			 advertised, promoted, or announced as competition among the best horses in the
			 world of any gait or age and comprised of horses from three or more countries
			 with no more than four horses from any one country.
(34) Invitation. A race to which only those
			 horses named by the racing secretary and listed by him with the presiding
			 judge, shall be eligible.
(35) Late
			 closing race. A race for a fixed amount to which nominations or declarations
			 close less than six (6) weeks and more than three (3) days before the race is
			 to be contested.
(36) Length of
			 race and number of heats. Races shall be given at a stated distance in units
			 not shorter than a sixteenth of a mile. The length of a race and the number of
			 heats shall be stated in the conditions. If no distance or number of heats are
			 specified, all races shall be a single mile dash.
(37) Licensee. This shall mean, according to
			 the requirement of the text:
(A) An
			 association that has received a license from the commission to conduct harness
			 racing with pari-mutuel wagering.
(B) A person who has an occupational license
			 issued by the commission.
(38) Maiden. A stallion, mare or gelding that
			 has never won a heat or race at the gait at which it is entered to start and
			 for which a purse is offered. Races or purse money awarded to a horse after the
			 "official" sign has been posted shall not be considered winning performance or
			 affect status as a maiden.
(39)
			 Match. A race between two horses the property of two different owners on terms
			 agreed upon by them.
(40) Matinee.
			 A program of races conducted upon a racetrack which concludes by 7:00 P.M.
			 prevailing time.
(41) Matinee race.
			 A race with no entrance fee and where the premiums, if any, are other than
			 money.
(42) Minor. A minor shall be
			 any person under the age of eighteen (18) years.
(43) Month. This shall mean a calendar
			 month.
(44) Net pool. The total
			 amount bet in a specific pool minus the deduction allowed by the act for the
			 state and the association.
(45)
			 Night performance. A program of races conducted upon a racetrack which begins
			 at 7:00 P.M. prevailing time or later.
(46) Nomination. The naming of a horse or in
			 the event of a futurity, the naming of foal in utero, to a certain race or
			 series of races, eligibility of which is conditioned on the payment of a fee at
			 the time of naming and the payment of subsequent sustaining fees and/or
			 starting fees.
(47) Objection. A
			 complaint by a driver of any foul drying or other misconduct during the race.
			 The judges at the conclusion of the race shall post an "objection" sign and
			 shall delay the "official" sign until they have considered the
			 complaint.
(48) Overnight event. A
			 race for which the entries close seventy-two (72) hours (exclusive of Sundays),
			 or less, before 9:00 A.M. of the day on which such race is to be run.
(49) Owner. Includes part-owner or
			 lessee.
(50) Paddock. An enclosure
			 to which horses scheduled to compete in a race program are confined prior to
			 racing under the supervision of a paddock judge.
(51) Place. In racing shall mean first,
			 second or third, and in that order is called "win", "place", and
			 "show".
(52) Post position. The
			 position drawn by or assigned to the horse.
(53) Program. Shall mean according to the
			 requirement of the text:
(A) A schedule of
			 races of either a matinee or night performance.
(B) The schedule of races as prepared by the
			 racing secretary and printed by the association for sale to the public. In no
			 event shall the overnight sheet be construed to be the program.
(54) Protest. An objection,
			 properly sworn to, charging that a horse is ineligible to race, alleging
			 improper entry or declaration, or citing any act of an owner, driver, trainer
			 or official.
(55) Purse. The money
			 or other prize for which entries in a race are competing.
(56) Race. Race is a heat or a
			 dash.
(57) Recognized meeting, or
			 meeting. Any racing meeting given by an association in good standing, within
			 the enclosure of any racetrack, licensed and conducted under the sanction of
			 the act and the rules and regulations of the commission; and constituting the
			 entire consecutive period of days (excluding Sundays only) that has been
			 granted to the association by the commission to conduct harness
			 racing.
(58) Record. The fastest
			 time made by a horse in a race which he won, or in a performance against
			 time.
(59) Rules. The rules herein
			 prescribed and any amendments or additions thereto.
(60) Scoring. Preliminary practice starts
			 taken by the horses in a race after the post parade and before they are called
			 by the starter to line up for the start.
(61) Scratch. The act of withdrawing an
			 entered horse from the race after the closing of overnight entries.
(62) Scratch time. The time set by the
			 association for the closing of applications for permission to withdraw from
			 races of that day.
(63) Stake. A
			 race which will be contested in a year subsequent to its closing in which the
			 money given by the association conducting the same is added to the money
			 contributed by the nominators, all of which, except deductions for the cost of
			 promotion, breeders or nominators awards, belongs to the winner or winners. In
			 any event, all of the money contributed in nominating, sustaining, and starting
			 payments must be paid to the winner or winners.
(64) Suspended. Suspended shall mean that any
			 privilege granted to a licensee of the commission by the officials of a racing
			 meeting or by the commission has been withdrawn.
(65) Tote or tote board. This shall mean the
			 totalisator.
(66) Track or
			 racetrack. This shall be deemed to mean any and all parts of the plant of a
			 racing association, including, but not limited to, the racing strip, the
			 approaches and entrances, the stands and all other accommodations and
			 facilities afforded to the public, the stables, barns, paddocks, quarters of
			 drivers, and others employed in or about the track, judges' boxes, photo-finish
			 and film patrol plants, pari-mutuel offices, facilities and equipment,
			 totalisator and public address system.
(67) Two in three. In a two in three race, a
			 horse must win two heats to be entitled to first money.
(68) Walk over. When only horses of the same
			 interest start, it constitutes a walk over. In a "stake race", a walk over is
			 entitled to all the stake money and forfeits unless otherwise provided in the
			 published conditions. To claim the purse, the entry must start and go once over
			 the course, unless this requirement is waived by the presiding judge.
(69) Winner. The winner shall be the horse
			 whose nose reaches the wire first. If there is a dead heat for first, both
			 horses shall be considered winners. Where two horses are tied in the summary,
			 the winner of the longer dash or heat shall be entitled to the trophy. Where
			 the dashes or heats are of the same distances and the horses are tied in the
			 summary, the winner of the faster dash or heat shall be entitled to the trophy.
			 Where the dashes or heats are of the same distance and the horses are tied in
			 the summary and the time, both horses shall be considered winners.
(70) Year. Shall mean a calendar
			 year.
(71) Publicly owned
			 corporations. Any corporation whose stock is available for purchase by the
			 general public.
(72) Stock. Shall
			 include common and preferred shares.