Kentucky Administrative Regulations › Title 811 - PUBLIC PROTECTION CABINET - KENTUCKY HORSE RACING COMMISSION › Chapter 2 - Quarter Horse, Paint Horse, Appaloosa, and Arabian Racing › Section 811 KAR 2:010 - Definitions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 230
NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) grants the
				commission the authority to regulate conditions under which quarter horse,
				appaloosa and Arabian 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 2.
Section 1. Definitions.
(1) "Added money" means cash, exclusive of
			 trophy or other award, added by the association to stake 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 is foaled.
(3)
			 "Allowance race" means a race in which contestants receive weight allowance
			 based on performance or winnings as stipulated in the conditions of the
			 race.
(4) "Appaloosa horse" means a
			 horse duly registered with the Appaloosa Horse Club, Inc., Moscow,
			 Idaho.
(5) "Arabian horse" means a
			 horse duly registered with the Arabian Horse Club Registry of
			 America.
(6) "Arrears" means money
			 due for entrance fees, jockey fees, nomination or supplemental fees in stake
			 races, fines, purchase money in claiming races, and any default incidental to
			 811 KAR Chapter 2.
(7)
			 "Association" is defined by KRS 230.210(1).
(8) "Authorized agent" means an agent
			 appointed by a notarized document signed by the owner or jockey and filed
			 annually with the commission.
(9)
			 "Betting interest" means a single horse or more than one (1) horse joined as a
			 mutuel entry or joined in the mutuel field, on which a single pari-mutuel wager
			 may 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 the payout.
(12)
			 "Bred" means the place at which a horse is foaled.
(13) "Breeder" means the owner of the dam of
			 a horse when serviced.
(14)
			 "Calendar days" means consecutive days counted irrespective of number of racing
			 days.
(15) "Carryover" means
			 nondistributed pool monies which are retained and added to a corresponding pool
			 in accordance with 811 KAR Chapter 2.
(16) "Claiming race" means any race in which
			 every horse running in the race may be transferred in conformity with 811 KAR
			 Chapter 2.
(17) "Closing" means the
			 time published by the association after which entries for a race will not be
			 accepted.
(18) "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.
(19) "Corrupt practice" means any attempt to
			 enrich oneself or one's associates or gain an advantage, through unfair,
			 unlawful, or dishonest behavior in connection with the racing of
			 horses.
(20) "Day" means any
			 twenty-four (24) hour period beginning at 12:01 a.m. and ending at
			 midnight.
(21) "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.
(22)
			 "Declaration" means withdrawal of a horse entered in a race prior to the time
			 of closing of entries for the race in conformance with 811 KAR Chapter
			 2.
(23) "Designated area" means any
			 enclosed area that the commission has approved for the location of terminals
			 used for wagering on an historical horse race.
(24) "Directive" means an official order
			 issued by the commission.
(25)
			 "Disciplinary action" means action taken by the stewards or the commission for
			 a violation of KRS Chapter 230 or 811 KAR Chapter 2 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.
(26) "Disqualification" means an order of the
			 stewards or commission revising the order of finish of a race.
(27) "Entry" means the act of nominating a
			 horse for a race in conformance with 811 KAR Chapter 2.
(28) "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.
(29) "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.
(30) "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.
(31) "Field" or "mutuel field" means a single
			 betting interest involving more than one (1) horse which is not a mutuel
			 entry.
(32) "Forfeit" means money
			 due by a licensee because of an error, fault, neglect of duty, breach of
			 contract, or alternative order of the stewards or commission.
(33) "Foul" means any action by any jockey
			 that tends to hinder another jockey or any horse in the proper running of the
			 race.
(34) "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.
(35) "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.
(36) "Handle"
			 means the aggregate of all pari-mutuel pools, excluding refundable
			 wagers.
(37) "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.
(38) "Horse" means a quarter horse,
			 appaloosa, or Arabian registered as such with the American Quarter Horse
			 Association in Amarillo, Texas, or the Appaloosa Horse Club, Inc., in Moscow,
			 Idaho, irrespective of age or sex designation.
(39) "Ineligible" means a horse or person not
			 qualified under 811 KAR Chapter 2 or conditions of a race to participate in a
			 specified racing activity.
(40)
			 "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.
(41) "Jockey" means rider
			 currently licensed to ride in races as a jockey, amateur jockey, or a
			 provisional jockey permitted by the stewards to ride in two (2) races prior to
			 applying for a license.
(42)
			 "Kentucky bred" means a foal dropped by a mare after being bred in
			 Kentucky.
(43) "Kentucky race"
			 means a race in which the contestants are Kentucky bred and foaled horses as
			 stipulated in the conditions of the race.
(44) "Lessee" means licensed owner whose
			 interest in a horse is a leasehold.
(45) "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.
(46) "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.
(47) "Maiden" means a
			 horse which shows in the Daily Racing Form, the American Quarter Horse Chart
			 Book, or the Appaloosa Chart Book as never having won a race on a track
			 recognized by the commission. A maiden which has been disqualified after
			 finishing first in a race is still a maiden.
(48) "Match race" means a race between two
			 (2) horses for which no other horses are eligible.
(49) "Meeting" means the entire period of
			 consecutive days, exclusive of Sundays and dark days, granted by the commission
			 to a licensed association for the conduct of live horse racing, beginning at 10
			 a.m. of the first racing day and extending through a period ending one (1) hour
			 after the last scheduled race of the last day.
(50) "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.
(51) "Month" means calendar month.
(52) "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."
(53) "Net pool" means the total amount
			 wagered less refundable wagers and takeout.
(54) "Nomination fee" means a fee to keep a
			 horse eligible to run in a stakes race.
(55) "Nominator" means any person in whose
			 name a horse is entered for a stake race.
(56) "Off time" means the moment at which, on
			 signal of the starter, the horses break and run.
(57) "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.
(58)
			 "Pari-mutuel wagering", "mutuel wagering", or "pari-mutuel system of wagering"
			 each mean 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 (1) or more designated wagering pools and the
			 net pool is returned to the winning patrons.
(59) "Patron" means an individual present at
			 a track or a simulcast facility who observes or wagers on a live or historical
			 horse race.
(60) "Payout" means the
			 amount of the net pool payable to an individual patron on his or her winning
			 wager.
(61) "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 is 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, second, or third.
(62) "Post" means the starting point of a
			 race.
(63) "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.
(64) "Post time" means the
			 time set for the arrival at the starting point of the horses in a
			 race.
(65) "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.
(66) "Purse" means the gross cash portion of
			 the prize for which a race is run.
(67) "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.
(68) "Quarter
			 horse" means a horse registered with the American Quarter Horse Association of
			 Amarillo, Texas.
(69) "Race" means
			 a running contest between horses, ridden by jockeys, over a prescribed course
			 free of obstacles or jumps, at a recognized meeting, during regular racing
			 hours, for a prize.
(70) "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.
(71) "Racing official" means a racing
			 commission member, commission staff as duties require, and all association
			 racing department employees, as duties require.
(72) "Recognized meeting" means any race
			 meeting conducted under jurisdiction of any legally constituted board or
			 commission conducted with approval of the American Quarter Horse Association of
			 Amarillo, Texas, or the Appaloosa Horse Club, Inc., of Moscow, Idaho.
(73) "Recognized tracks" means tracks that
			 are conducting recognized meetings.
(74) "Registration certificate" means the
			 document issued by the American Quarter Horse Association of Amarillo, Texas,
			 or the Appaloosa Horse Club, Inc., of Moscow, Idaho, certifying the name, age,
			 color, sex, pedigree, and breeder of a horse as registered by number with the
			 American Quarter Horse Association or the Appaloosa Horse Club.
(75) "Result" means the part of the official
			 order of finish in a race used to determine the pari-mutuel payoff of
			 pools.
(76) "Ruled off" means
			 denial of entrance to premises of any association under jurisdiction of the
			 commission.
(77) "Rulings" means
			 all determinations, decisions, or orders of the stewards or of the commission
			 duly issued in writing and posted.
(78) "Schooling race" means a race designed
			 to correct deficiencies in horses before being eligible for entry.
(79) "Scratch" means withdrawal of a horse
			 entered for a race after time of closing of entries for the race in conformance
			 with 811 KAR Chapter 2.
(80)
			 "Scratch time" means time set by the racing secretary as a deadline for
			 horsemen to indicate their desire to scratch out of a race.
(81) "Secretary" means duly appointed and
			 currently serving secretary of the commission.
(82) "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.
(83) "Specimen" means a sample of blood,
			 urine, or other biologic sample taken or drawn from a horse for chemical
			 testing.
(84) "Stakes" mean 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, the fees to be included in the purse.
(85) "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.
(86) "Starter" means either:
(a) An official who dispatches the horses
			 from the starting gate; or
(b) A
			 horse in a race when the starting gate doors open in front of it at the moment
			 the starter dispatches the horses for the race.
(87) "Steward" means a duly appointed racing
			 official with powers and duties set out in  811 KAR 2:025 serving at a current
			 meeting in the Commonwealth.
(88)
			 "Subscription" means a fee to keep a horse eligible to run in a stakes
			 race.
(89) "Suspended" means
			 withdrawal by the steward or commission of racing privileges.
(90) "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 811 KAR Chapter
			 2.
(91) "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.
(92) "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.
(93) "Tote" or "tote
			 board" means the totalizator.
(94)
			 "Trial race" means a race designed primarily to determine the class of
			 competing horses. A trial may be run as a purse race or stakes, or it may be
			 run as a "time trial" with no purse at all. If a trial is run for a purse or
			 stakes so small that the value to the winner is less than fifty (50) dollars,
			 the winning of the race shall not be counted against the winner in calculating
			 the weight he shall carry under the conditions of a subsequent race.
(95) "Unplaced" means a horse finishing a
			 race outside the pari-mutuel payoff.
(96) "Walkover" means race in which the only
			 starter or all starters represent single ownership.
(97) "Weigh in" means presentation of a
			 jockey to the clerk of scales for weighing after a race.
(98) "Weigh out" means a presentation of a
			 jockey to the clerk of scales for weighing prior to a race.
(99) "Weight" means the number of pounds
			 carried or to be carried in a race and includes the jockey, his silks,
			 breeches, and boots, saddle, pad and cloth but excludes the protective helmet,
			 whip, and bridle.
(100) "Workout"
			 means 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.
(101) "Year" means twelve
			 (12) consecutive months beginning with January and ending with
			 December.