Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.02 - Definitions

Current through Register 1525, July 5, 2024
The following definitions and interpretations shall apply in
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				4.00 unless the text otherwise requires:
Act
is the enabling legislation
				permitting pari-mutuel horse racing in this jurisdiction.
Added Money
is the amount added into a
				stakes by the Association, or by sponsors, state-bred programs or other funds
				added to those monies gathered by nomination, entry, sustaining and other fees
				coming from the horsemen.
Administer
or
Administration
is the introduction of a substance into
				the body of a horse.
Age
of a horse foaled in North America
				shall be reckoned from the first day of January of the year of foaling.
Allowance Race
is an overnight race
				for which eligibility and weight to be carried is determined according to
				specified conditions that include age, sex, earnings and number of wins.
Also Eligible
pertains to:
(a) a number of eligible horses, properly entered, which were
				not drawn for inclusion in a race, but which become eligible according to
				preference or lot if an entry is scratched prior to the scratch time
				deadline;
(b) The next preferred non-qualifier for the finals or
				consolation from a set of elimination trials which will become eligible in the
				event a finalist is scratched by the stewards for a rule violation or is
				otherwise eligible if written race conditions permit.
Appeal
is a request for the Commission
				or its designee to investigate, consider and review any decision or rulings of
				stewards of a meeting.
Arrears
are all monies owed by a
				licensee, including subscriptions, jockey fees, forfeitures and any default
				incident to
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Associated Person
is the spouse of an
				inactive person, or a companion, family member, employer, employee, agent,
				partnership, partner, corporation, or other entity whose relationship, whether
				financial or otherwise, with an inactive person would give the appearance that
				such other person or entity would care for or train a racing animal or perform
				veterinarian service on a racing animal for the benefit, credit, reputation, or
				satisfaction of the inactive person.
Association
any person or persons,
				associations, or corporations licensed by the Commission to conduct horse
				racing within the Commonwealth of Massachusetts for any stake, purse or
				reward.
Association Grounds
is all real
				property utilized by the Association in the conduct of its race meeting,
				including the racetrack, grandstand, concession stands, offices, barns, stable
				area, employee housing facilities and parking lots.
Authorized Agent
is a person licensed
				by the Commission and appointed by a written instrument, signed and
				acknowledged before a notary public by the owner in whose behalf the agent will
				act.
Beneficial Interest
is profit, benefit
				or advantage resulting from a contract or the ownership of an estate as
				distinct from the legal ownership or control. When considered as designation or
				character of an estate, is such an interest as a devisee, legatee or done taken
				solely for his own use or benefit and not as holder of title for use and
				benefit of another.
Betting Interest
is one or more horses
				in a pari-mutuel contest, which are identified by a single program number for
				wagering purposes.
Bleeder
means a horse which has
				demonstrated external evidence of exercise induced pulmonary hemorrhage.
Bleeder List
is a tabulation of all
				bleeders to be maintained by the Commission.
Breeder
is the owner of the horse's
				dam at the time of foaling.
Calendar Day
is 24 hours ending at
				midnight.
Cheek Piece
is two strips of sheepskin
				or any other similar material that is attached to the cheek pieces of the
				bridle.
Claiming Race
is a race in which any
				horse starting may be claimed (purchased for a designated amount) in
				conformance with the rules.
Commission
is the regulatory agency
				with the authority to regulate racing.
Conditions
are qualifications that
				determine a horse's eligibility to be entered in a race.
Contest
is a competitive racing event
				on which pari-mutuel wagering is conducted.
Contestant
is an individual horse
				participating in a contest.
Controlled Therapeutic Medication
is
				any medication approved by the Association of Racing Commissioners
				International for which the regulatory analyte concentration in the sample(s)
				may not exceed specified regulatory limits in
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Coupled Entry
is two or more
				contestants in a contest that are treated as a single betting interest for
				pari-mutuel wagering purposes (also
see
"Entry").
Day
is a 24-hour period beginning at
				12:01 A.M. and ending at 12:00 P.M. midnight.
Dead Heat
is the finish of a race in
				which the noses of two or more horses reach the finish line at the same
				time.
Declaration
is the act of withdrawing
				an entered horse from a race prior to the closing of entries.
Draw
means the process of assigning
				post positions and the process of selecting contestants in a manner to ensure
				compliance with
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Ejected
shall mean the removal from
				the grounds of an Association and shall apply to both patrons at racing
				meetings and participants in racing.
Entry
is:
(a) a horse made eligible to run in a race;
(b) two or more horses, entered in the same race, which have
				common ties of ownership, lease or training.
Equipment
as applied to a horse, shall
				include riding crops, spurs, blinkers, tongue straps, muzzles, hoods,
				nose-bands, bits, shadow rolls, martingales, breast plates, bandages, boots,
				plates, and cheek pieces.
Exhibition Race
is a race on which no
				wagering is permitted.
Financial Interest
is an interest that
				could result in directly or indirectly receiving a pecuniary gain or sustaining
				a pecuniary loss as a result of ownership or interest in a horse or business
				entity; or as a result of salary, gratuity or other compensation or
				remuneration from any person. The lessee and lessor of a horse have a financial
				interest.
Flat Race
is a race in which horses
				mounted by jockeys run over a course on which no jumps or other obstacles are
				placed.
Forfeit
is money due from a licensee
				because of error, fault, neglect of duty, breach of contract or a penalty
				imposed by the Stewards or the Commission.
Furosemide List
means a tabulation of
				all horses eligible to participate in a race with furosemide in their
				system.
General Partner
shall mean the person
				or persons having full, exclusive and complete control and discretion of the
				management of the affairs of a Limited Partnership.
Guest Association
is an association
				which offers licensed pari-mutuel wagering on contests conducted by another
				association (the host) in either the same state or another jurisdiction.
Handicap
is a race in which the
				weights to be carried by the horses are assigned by the racing secretary or
				handicapper for the purpose of equalizing the chances of winning for all horses
				entered.
Horse
is any equine (including and
				designated as a mare, filly, stallion, colt, ridgeling or gelding) registered
				for racing; specifically, an intact male five years of age or older.
Host Association
is the association
				conducting a licensed pari-mutuel meeting from which authorized contests or
				entire performances are simulcast.
Inactive Person
is any person whose
				license has been suspended for more than 30 days; whose license has expired or
				been revoked; or whose license application has been denied.
Inquiry
is an investigation by the
				Stewards of potential interference in a contest prior to declaring the result
				of said contest official.
Jockey
is a professional rider
				licensed to ride in races.
Law
or
Laws
shall mean M.G.L. c. 128A:
Horse and Dog Racing
				Meetings.
Licensee
is any person or entity
				holding a license from the Commission to engage in racing or a regulated
				activity.
Limited Partnership
shall mean any
				person holding an interest in a horse, who is not a general partner.
Maiden
is a horse that has never won
				an official or recognized race as defined in breed registry rules.
Maiden Race
is a contest restricted to
				non-winners.
Match Race
is a race between two
				horses under conditions agreed to by their owners.
Measurement Uncertainty
is a parameter
				associated with the results of a measurement that characterizes the dispersion
				of the values that could reasonably be attributed to the measurement.
Medication
is any substance or
				metabolite capable of exerting a pharmacological effect on the horse's system
				with an accepted use in the diagnosis, cure, treatment or prevention of a
				veterinary medical condition.
Meeting
is the specified period and
				dates each year during which an association is authorized to conduct racing by
				approval of the Commission.
Month
is a calendar month.
Multiple Ownership
shall mean any
				owner ship of a horse by more than one individual.
Mutuel Field
is two or more
				contestants in a contest that are treated as a single betting interest for
				pari-mutuel wagering purposes because the number of betting interests exceeds
				the number that can be handled individually by the pari-mutuel system.
Nomination
is the naming of a horse to
				a certain race or series of races generally accompanied by payment of a
				prescribed fee.
Nominator
is the person or entity in
				whose name a horse is nominated for a race or series of races.
Objection
is:
(a) a written complaint made to the Stewards concerning a horse
				entered in a race and filed not later than one hour prior to the scheduled post
				time of the first race on the day in which the questioned horse is entered;
				or
(b) a verbal claim of foul in a race lodged by the horse's
				jockey, trainer, owner or the owner's authorized agent before the race is
				declared official.
Official Order of Finish
is the order
				of finish of the horses in a contest as declared official by the
				Stewards.
Official Running Time
is the elapsed
				time from the moment the first horse crosses the starting point until the first
				horse crosses the finish line.
Official Starter
is the official
				responsible for dispatching the horses for a race.
Off Time
is the moment at which, on
				the signal of the official starter, the doors of the starting gate are opened,
				officially dispatching the horses in each contest.
Optional Claiming Race
in the case of
				horses entered to be claimed in a race, the race shall be considered, for the
				purpose of
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				entered to be claimed, the race shall be considered an allowance race.
Overnight Race
is a contest for which
				entries close at a time set by the racing secretary; also known as "Purse
				Race."
Owner
is a person who holds any title,
				right or interest, whole or partial in a horse, including the lessee and lessor
				of a horse.
Paddock
is an enclosure in which
				horses scheduled to compete in a contest are saddled prior to racing.
Pari-mutuel System
is a manual,
				electro-mechanical, or computerized system and all software (including the
				totalisator, account betting system and off-site betting equipment) that is
				used to record bets and transmit wagering data.
Patron
is a member of the public
				present on the grounds of a pari-mutuel association during a meeting.
Performance
is a schedule of contests
				conducted on the same day as authorized by the Commission.
Permit
is an authorization by the
				Commission to an association to conduct horse racing with pari-mutuel wagering
				at a specified location.
Person
is any individual, partnership,
				corporation or other association or entity.
Place
in racing shall mean first,
				second, third, or fourth, and in that order is called "Win," "Place," "Show"
				and "Fourth".
Post Position
is the pre-assigned
				position from which a horse will leave the starting gate.
Post Time
is the scheduled time for
				horses to arrive at the starting gate for a contest.
Prima Facie
Evidence
is evidence that, until
				other evidence overcomes its effect, will suffice as proof of fact in
				issue.
Produce Race
is one in which the
				produce of horses named or described at the time of entry are the
				contestants.
Program
is the published listing of
				all contests and contestants for a specific performance.
Protest
is a written objection
				charging that a horse is ineligible to race, alleging improper entry
				procedures, or citing an act or an owner, trainer, jockey or official
				prohibited by rules, which, if true, shall exclude that horse/jockey from
				racing.
Purse
is the total cash amount for
				which a race is contested.
Race
is a contest between horses at a
				licensed meeting.
Race Day
means any period of 24 hours
				beginning at midnight and included in the period of a race meeting -- and in a
				matter of penalties the word "day" means a "calendar day."
Restricted Area
is an enclosed portion
				of the association grounds to which access is limited to licensees whose
				occupation or participation requires access and members of the Commission and
				its staff.
Result
is that part of the official
				order of finish used to determine the pari-mutuel payoff of pools for each
				individual contest.
Ruled Off
shall mean the act of
				debarring from the grounds of an Association and denying all racing
				privileges.
Scratch
is the act of withdrawing an
				entered horse from a contest after closing of entries.
Scratch Time
is the deadline set by
				the association for withdrawal of entries from a scheduled performance.
Simulcast
is the live audio and visual
				transmission of a contest to another location for pari-mutuel wagering
				purposes.
Stable Name
is a name used other than
				the actual legal name of an owner or lessee and registered with the
				Commission.
Stakes Race
is a contest in which
				nominations, entry and/or starting fees contribute to the purse. No overnight
				race shall be considered a stakes race. Special designations or classifications
				for stakes races such as "Graded Stakes" or "Black Type" shall be determined by
				the appropriate breed registries or recognized authorities.
Starter
is a horse that becomes an
				actual contestant in a race by virtue of the starting gate opening in front of
				it upon dispatch by the official starter.
Steeplechase Race
is a contest in
				which horses mounted by jockeys run over a course on which jumps or other
				obstacles are placed.
Steward
is a duly appointed racing
				official with powers and duties specified by rules.
Subscription
shall mean the act of
				nomination to a stake race.
Substantial Evidence
is a evidence
				which a reasoning mind would accept as sufficient to support a particular
				conclusion and consists of more than a mere scintilla of evidence but may be
				somewhat less than a preponderance.
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.
Traction Device
is any modification or
				isolated device that extends below the ground bearing plane of the horseshoe
				(
e.g
., traction nails, toe grabs, turndowns, blocked heels,
				jar calks, stickers and Memphis bars) or restricts the natural forward slide of
				the hoof upon impact.
Trial Race
is part of a series of
				contests in which horses participate for the purpose of determining eligibility
				for a subsequent contest.
Walkover
is a race in which only one
				horse starts or in which all the starters are owned by the same interest. To
				claim the purse the horse(s) must start and go the distance of the race.
Week
is a calendar week and/or any
				seven consecutive days.
Weigh In
is the presentation of a
				jockey to the clerk of scales for weighing after a race.
Weigh Out
is the presentation of a
				jockey to the clerk of scales for weighing prior to a race.
Weight for Age
is a race in which a
				fixed scale is used to assign the weight to be carried by individual horse
				according to age, sex, distance of the race, and season of the year.
Winner
is the horse whose nose reaches
				the finish line first or is placed first through disqualification by the
				stewards.
Year
is a calendar
				year.