Kentucky Administrative Regulations › Title 811 - PUBLIC PROTECTION CABINET - KENTUCKY HORSE RACING COMMISSION › Chapter 1 - Harness Racing › Section 811 KAR 1:005 - 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 standardbred 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 1.
Section
			 1. Definitions.
(1) "Added money"
			 means the amount of money, exclusive of trophy, added into a stakes by an
			 association, a sponsor, a state-bred program, or other fund, and which is in
			 addition to those monies gathered by nomination, entry, sustaining and other
			 fees paid by the horsemen.
(2)
			 "Age" means the number of years since a horse was foaled, reckoned as if the
			 horse was foaled in January 1 of the year in which the horse was
			 foaled.
(3) "Also eligible" means:
(a) An eligible horse, properly entered,
			 which is not drawn for inclusion in a race, but which becomes eligible
			 according to preference or lot if another horse is scratched prior to the
			 scratch time deadline; or
(b) The
			 next preferred nonqualifier for the finals, or consolation from a set of
			 elimination trials, which becomes eligible if a finalist is scratched by the
			 judges for a rule violation or is otherwise eligible if written race conditions
			 permit.
(4) "Appeal"
			 means a request for the commission to investigate, consider, and review any
			 decision or ruling of a judge or official of a meeting to deal with placings,
			 penalties, interpretations of the rules, or other questions dealing with the
			 conduct of a race.
(5) "ARCI" means
			 the Association of Racing Commissioners International.
(6) "Arrears" means all sums due by a
			 licensee as reflected by his or her account with the horseman's bookkeeper,
			 including subscriptions, driver fees, forfeitures, and any default incident to
			 811 KAR Chapter 1.
(7)
			 "Association" is defined by KRS 230.210(1).
(8) "Bleeder" means a horse known to have
			 bled internally or from its nostrils during a workout or race.
(9) "Bleeder list" means a tabulation of all
			 bleeders to be maintained by the commission.
(10) "Breakage" means the net pool minus
			 payout.
(11) "Breeder" means the
			 owner of the dam of a horse when the horse was conceived.
(12) "Calendar days" means consecutive days
			 counted irrespective of number of racing days.
(13) "Carryover" means nondistributed pool
			 monies which are retained and added to a corresponding pool in accordance with
			 811 KAR Chapter 1.
(14) "Claiming
			 race" means a race in which ownership of a horse participating in the race may
			 be transferred in conformity with 811 KAR Chapter 1.
(15) "Classified race" means a race in which
			 entries are selected by the racing secretary on the basis of ability or past
			 performance.
(16) "Coggins test"
			 means a medical procedure used to determine if a horse is positive for Equine
			 Infectious Anemia.
(17)
			 "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 form a
			 pari-mutuel wager pursuant to KRS 230.750.
(18) "Conditioned race" means an overnight
			 race in which eligibility is determined according to specified conditions,
			 which may include the following:
(a)
			 Age;
(b) Sex;
(c) Earnings;
(d) Number of starts; or
(e) Positions of finishes.
(19) "Conditions" means
			 qualifications that determine a horse's eligibility to be entered in a
			 race.
(20) "Coupled entry" means
			 two (2) or more horses in a race that are treated as a single betting interest
			 for pari-mutuel wagering purposes.
(21) "Dash" means a race in a single trial or
			 in a series of two (2) or three (3) races governed by one (1) entry fee for the
			 series, in which a horse starts in all dashes with positions drawn for each
			 dash and the number of purse distributions or payouts awarded does exceed the
			 number of starters in the dash.
(22) "Day" means a twenty-four (24) hour
			 period beginning at 12:01 a.m. and ending at midnight.
(23) "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.
(24) "Declaration" means the
			 naming of a particular horse as a starter in a particular race.
(25) "Designated area" means any enclosed
			 area that the commission has approved for the location of terminals used for
			 wagering on an historical horse race.
(26) "Disqualification" means that:
(a) An individual is not allowed to start or
			 drive a horse in a race; or
(b) A
			 horse is not allowed to start in a race.
(27) "Draw" means the process of assigning
			 post positions and the process of selecting horses.
(28) "Driver" means a person who is licensed
			 to drive a horse in a race.
(29)
			 "Early closing race" means a race for a definite amount of money in which
			 entries close at least six (6) weeks prior to the race.
(30) "Electronic ability" means a
			 computer-generated eligibility certificate that records a horse's racing
			 statistics.
(31) "Elimination heat"
			 means an individual heat of a race in which the contestants qualify for a final
			 heat.
(32) "Entry" means the act of
			 nominating a horse for a race.
(33)
			 "Exhibition race" means a race on which no pari-mutuel wagering is
			 permitted.
(34) "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.
(35) "Extended pari-mutuel meeting" means a
			 meeting or series of meetings, at which no agriculture fair is in progress,
			 with an annual total of more than six (6) days duration and during which
			 pari-mutuel wagering is permitted.
(36) "Field" or "mutuel field" means a single
			 betting interest involving more than one (1) horse which is not a mutuel
			 entry.
(37) "Forfeit" means money
			 due from a licensee because of error, fault, neglect of duty, breach of
			 contract, or a penalty imposed by the judges or the commission.
(38) "Futurity" means a stake in which the
			 dam of the competing animal is nominated either when in foal or during the year
			 of foaling.
(39) "Handicap" means a
			 race in which allowances are made according to a horse's:
(a) Age;
(b) Sex;
(c) Claiming price; or
(d) Performance.
(40) "Handle" means the aggregate of all
			 pari-mutuel pools, excluding refundable wagers.
(41) "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.
(42) "Horse" means any equine (including and
			 designated as a mare, filly, stallion, colt, ridge-ling, or gelding) registered
			 for racing.
(43) "In harness" means
			 that the performance will be to a sulky.
(44) "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.
(45) "Inquiry" means an investigation by the
			 judges of a contest prior to declaring the result of the contest
			 official.
(46) "Judge" means a duly
			 appointed racing official with powers and duties specified in  811 KAR 1:015 serving at a current meeting in the Commonwealth.
(47) "Late closing race" means a race for a
			 fixed amount of money in which entries close less than six (6) weeks but not
			 more than three (3) days before the race is to be contested.
(48) "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.
(49) "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.
(50) "Maiden" means a
			 horse that has never won a heat or race at the gate at which it was entered,
			 and for which a purse is offered.
(51) "Maiden race" means a race restricted to
			 maidens.
(52) "Match race" means a
			 race between two (2) horses under conditions agreed upon between the
			 contestants.
(53) "Matinee race"
			 means a race in which no entrance fee is charged and in which the payouts, if
			 any, are not money.
(54) "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.
(55) "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.
(56) "Month" means a calendar
			 month.
(57) "Net pool" means the
			 total amount wagered less refundable wagers and takeout.
(58) "Nomination" means the naming of a horse
			 to a certain race or series of races, generally accompanied by payment of a
			 prescribed fee.
(59) "Objection"
			 means a verbal claim of foul in a race lodged by the horses driver, trainer, or
			 owner before the race is declared official.
(60) "Official order of finish" means the
			 order of finish of the horses in a contest as declared official by the
			 judges.
(61) "Official time" means
			 the elapsed time from the moment the first horse crosses the timing beam until
			 the first horse crosses the finish line.
(62) "Optional claiming race" means a contest
			 restricted to horses entered to be claimed for a stated claiming price, and to
			 horses which have started previously for that claiming price or less.
(63) "Overnight race" means a contest for
			 which entries close at a time set by the commission.
(64) "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.
(65) "Patron"
			 means an individual present at a track or a simulcast facility who observes or
			 wagers on a live or historical horse race.
(66) "Payout" means the amount of the net
			 pool payable to an individual patron on his or her winning wager.
(67) "Post position" means the preassigned
			 position from which a horse will leave the starting gate.
(68) "Post time" means the scheduled starting
			 time for a race.
(69) "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.
(70) "Purse"
			 means the total cash awarded as a prize in a race.
(71) "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.
(72) "Result" means the part of the official
			 order of finish in a race used to determine the pari-mutuel payoff of
			 pools.
(73) "Scratch" means the act
			 of withdrawing an entered horse from a race after the closing of
			 entries.
(74) "Scratch time" means
			 the deadline set for withdrawal of entries from a scheduled race.
(75) "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.
(76) "Simulcasting" is defined by KRS 230.210(11).
(77) "Single price
			 pool" means an equal distribution of profit to winning betting interests or
			 winning betting combinations through a single payout price.
(78) "Specimen" means a sample of blood,
			 urine, or other biologic sample taken or drawn from a horse for chemical
			 testing.
(79) "Stable name" means a
			 name used other than the actual legal name of an owner or lessee and registered
			 with the United States Trotting Association.
(80) "Stake" means a race which will be
			 contested in a year subsequent to its closing in which the money given by the
			 association conducting the race is added to the money contributed by the
			 nominators, all of which except deductions for breeders or nominator's awards
			 belongs to winner or winners, and in which, except as provided in  811 KAR 1:040, Section 6, all of the money contributed by the nominators belongs to the
			 winner or winners.
(81) "Starter"
			 means a horse which becomes an actual contestant in a race by virtue of the
			 starting gate opening in front of it upon dispatch by the official
			 starter.
(82) "Sulky" means a
			 dual-wheel racing vehicle with dual shafts not exceeding the height of the
			 horse's withers.
(83) "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 230.750 and 811 KAR Chapter 1.
(84)
			 "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.
(85) "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.
(86) "Touting" means the act of soliciting
			 anything of value in exchange for information regarding the outcome of a horse
			 race on which wagers are made at a wagering facility under the jurisdiction of
			 the commission.
(87) "USTA" means
			 the United States Trotting Association.
(88) "Walkover" means a race in which only
			 one (1) horse starts or in which all the starters are owned by the same
			 interest.