Kentucky Administrative Regulations › Title 810 - PUBLIC PROTECTION CABINET - KENTUCKY HORSE RACING COMMISSION › Chapter 3 - Licensing › Section 810 KAR 3:001 - Definitions for 810 KAR Chapter 3

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 230
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				230.215(2) authorizes the
				Kentucky Horse Racing Commission to regulate conditions under which horse
				racing is conducted in Kentucky.
				KRS
				230.260(8) authorizes the
				commission to prescribe necessary and reasonable administrative regulations and
				conditions under which horse racing at a horse race meeting shall be conducted
				in this state. This administrative regulation defines the terms used in 810 KAR
				Chapter 3.
Section 1. Definitions.
(1) "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.
(2)
			 "Allowance race" means a race in which contestants receive weight allowance
			 based on performance or winnings as stipulated in the conditions of the
			 race.
(3) "ARCI" means the
			 Association of Racing Commissioners International.
(4) "Association" is defined by
			 KRS
			 230.210.
(5) "Authorized agent" means in flat racing
			 any person currently licensed as an agent for a licensed owner, jockey, or
			 jockey apprentice by virtue of notarized appointment of agency filed with the
			 commission.
(6) "Claiming race"
			 means a race in which ownership of a horse participating in the race can be
			 transferred in conformity with
			 810 KAR 4:050 and
			 810 KAR 5:030
(7) "Commission" is defined by 810
			 KAR 6:001.
(8) "Conditions" means
			 qualifications that determine a horse's eligibility to be entered in a
			 race.
(9) "Coupled entry" means two
			 (2) or more horses in a race that are treated as a single betting interest for
			 pari-mutuel wagering purposes.
(10)
			 "Day" means any twenty-four (24) hour period beginning at 12:01 a.m. and ending
			 at midnight.
(11) "Directive" means
			 an official order issued by the commission or the executive director.
(12) "Draw" means the process of determining
			 post positions by lot.
(13)
			 "Driver" means in standardbred racing a person who is licensed to drive a horse
			 in a race.
(14) "Early closing
			 race" means in standardbred racing a race for a definite amount of money in
			 which entries close at least six (6) weeks prior to the race.
(15) "Electronic eligibility" means a
			 computer-generated eligibility certificate that records a horse's racing
			 statistics.
(16) "Entry" means the
			 act of nominating a horse for a race in conformance with KAR Title
			 810.
(17) "Equipment" means in flat
			 racing 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.
(18)
			 "Horse" means any equine irrespective of age or sex designation and registered
			 for racing with the applicable breed registry.
(19) "Ineligible" means a horse or person not
			 qualified under KAR Title 810 or conditions of a race to participate in a
			 specified racing activity.
(20)
			 "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.
(21) "Judge" means a duly appointed racing
			 official with powers and duties established in
			 810 KAR
			 2:050 serving at a current meeting in the
			 Commonwealth.
(22) "Lessee" means a
			 licensed owner whose interest in a horse is a leasehold.
(23) "Licensee" means an individual, firm,
			 association, partnership, corporation, limited liability company, trustee, or
			 legal representative that has been duly issued a currently valid license to
			 participate in racing in the Commonwealth.
(24) "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 that:
(a) Begins at 10 a.m. of the first racing
			 day; and
(b) Extends through a
			 period ending one (1) hour after the last scheduled race of the last
			 day.
(25) "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.
(26) "Nominal change in ownership" means the
			 sale, pledge, encumbrance, execution of an option agreement, or any other
			 transfer of less than five (5) percent of the equity securities or other
			 ownership interest of a partnership, association, corporation, limited
			 liability company, or other legal entity holding a license issued by the
			 commission.
(27) "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.
(28) "Pari-mutuel wagering," "mutuel
			 wagering", or "pari-mutuel system of wagering" is defined by
			 KRS
			 230.210.
(29) "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.
(30) "Purse" means the
			 gross cash portion of the prize for which a race is run.
(31) "Race" means a running contest between
			 horses ridden by jockeys or driven by drivers at a recognized meeting, during
			 regular racing hours, for a prize.
(32) "Racing official" means a racing
			 commission member, commission staff, as duties require, and all association
			 racing department employees, as duties require.
(33) "Result" means the part of the official
			 order of finish in a race used to determine the parimutuel payoff of
			 pari-mutuel pools.
(34) "Ruled off"
			 means denial of entrance to premises of any association under jurisdiction of
			 the commission.
(35) "Rulings"
			 means all determinations, decisions, or orders of the stewards or of the
			 commission duly issued in writing and posted.
(36) "Scratch" means the withdrawal of a
			 horse entered for a race after the time of closing of entries for the
			 race.
(37) "Simulcasting" is
			 defined by
			 KRS
			 230.210.
(38) "Steward" means a duly appointed racing
			 official with powers and duties established in
			 810 KAR 2:040 serving at
			 a current meeting in the Commonwealth.
(39) "Substantial change in ownership" means
			 the sale, pledge, encumbrance, execution of an option agreement, or any other
			 transfer of five (5) percent or more of the equity securities or other
			 ownership interest of a partnership, association, corporation, limited
			 liability company, or other legal entity holding a license issued by the
			 commission.
(40) "Suspended" means
			 withdrawal of racing privileges by the stewards or commission.
(41) "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.
(42) "USTA" means the
			 United States Trotting Association.
(43) "Workout" means in flat racing 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.
(44) "Year" means twelve
			 (12) consecutive months beginning with January and ending with
			 December.