Kentucky Administrative Regulations › Title 810 - PUBLIC PROTECTION CABINET - KENTUCKY HORSE RACING COMMISSION › Chapter 6 - Pari-Mutuel Wagering › Section 810 KAR 6:001 - Definitions for 810 KAR Chapter 6

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 shall be 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 Kentucky.
				KRS
				230.361(1) requires the
				commission to promulgate administrative regulations governing and regulating
				pari-mutuel wagering on horse races under the pari-mutuel system of wagering.
				This administrative regulation defines the terms used in 810 KAR Chapter
				6.
Section 1. Definitions.
(1) "Added money" means cash, exclusive of
			 trophy or other award, added by the association to stakes 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 was foaled.
(3)
			 "Appaloosa horse" means a horse duly registered with the Appaloosa Horse Club,
			 Inc., Moscow, Idaho.
(4) "Appaloosa
			 racing" is defined by
			 KRS
			 230.210(3).
(5) "Arabian horse" means "arabian" as
			 defined by
			 KRS
			 230.210.
(6) "Arrears" means all sums due by a
			 licensee as reflected by his or her account with the horsemen's bookkeeper,
			 including subscriptions, jockey fees, forfeitures, and any default incident to
			 810 KAR Chapter 6.
(7)
			 "Association" is defined by
			 KRS
			 230.210(5).
(8) "Authorized agent" means any person
			 currently licensed as an agent for a licensed owner or jockey by virtue of
			 notarized appointment of agency filed with the commission.
(9) "Betting interest" means a single horse,
			 or more than one (1) horse joined as a mutuel entry or joined in a mutuel
			 field, on which a single pari-mutuel wager can 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
			 payout.
(12) "Breeder" means the
			 owner of the dam of a horse when the horse was foaled. A horse is "bred" at the
			 place of its foaling.
(13)
			 "Calendar days" means consecutive days counted irrespective of number of racing
			 days.
(14) "Carryover" means
			 nondistributed pool monies which are retained and added to a corresponding pool
			 in accordance with
			 810 KAR
			 6:020.
(15) "Claiming race" means any race in which
			 every horse running in the race can be transferred in conformity with
			 810 KAR
			 4:050.
(16) "Closing" means the time published by
			 the association after which entries for a race will not be accepted by the
			 racing secretary.
(17) "Commission"
			 means:
(a) The Kentucky Horse Racing
			 Commission if used in the context of the administrative agency governing horse
			 racing and pari-mutuel wagering; or
(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,
			 KRS
			 230.750, and KAR Title 810. This meaning can
			 also refer to "takeout" as defined by subsection (83) of this
			 section.
(18) "Day"
			 means any twenty-four (24) hour period beginning at 12:01 a.m. and ending at
			 midnight.
(19) "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.
(20)
			 "Declaration" means the withdrawal of a horse entered in a race prior to time
			 of closing of entries for the race in conformance with 810 KAR Chapter
			 6.
(21) "Designated area" means any
			 enclosed area that the commission has approved for the location of terminals
			 used for wagering on historical horse races.
(22) "Disciplinary action" means action taken
			 by the stewards or the commission for a violation of KRS Chapter 230 or KAR
			 Title 810 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.
(23) "Disqualification" means a ruling of the
			 stewards or the commission revising the order of finish of a race.
(24) "Driver" means a person who is licensed
			 to drive a horse in a harness race.
(25) "Entry" means the act of nominating a
			 horse for a race in conformance with KAR Title 810.
(26) "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.
(27) "Exhibition race" means
			 a race between horses of diverse ownership for which a purse is offered by the
			 association, but on which pari-mutuel wagering is not permitted.
(28) "Exotic wager" means any pari-mutuel
			 wager placed on a live or historical horse race or races other than a win,
			 place, or show wager placed on a live horse race.
(29) "Field" or "mutuel field" means a single
			 betting interest involving more than one (1) horse that is not a mutuel
			 entry.
(30) "Forfeit" means money
			 due by a licensee because of an error, fault, neglect of duty, breach of
			 contract, or alternative ruling of the stewards or the commission.
(31) "Free handicap" means a handicap for
			 which a nominating fee is not required to be weighted, but an entrance or
			 starting fee can be required for starting in the race.
(32) "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.
(33) "Handle"
			 means the aggregate of all pari-mutuel pools, excluding refundable
			 wagers.
(34) "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.
(35) "Horse" means any equine (including and
			 designated as a mare, filly, stallion, colt, ridge-ling, or gelding).
(36) "Ineligible" means a horse or person not
			 qualified under 810 KAR Chapter 6 or conditions of a race to participate in a
			 specified racing activity.
(37)
			 "Initial seed pool" means a nonrefundable pool of money that can be funded by
			 an association in order to ensure that a patron will be paid the minimum amount
			 required on a winning wager on an historical horse race in the event of a minus
			 pool.
(38) "Jockey" means a rider
			 currently licensed to ride in races other than harness 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.
(39) "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.
(40) "Lessee" means a
			 licensed owner whose interest in a horse is a leasehold.
(41) "Licensed premises" is defined by
			 KRS
			 230.210.
(42) "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.
(43) "Maiden" means a
			 horse that has never won a race on the flat at a recognized meeting in any
			 country. A maiden that was disqualified after finishing first remains a maiden.
			 Race conditions referring to maidens shall be interpreted as meaning maidens at
			 the time of starting.
(44) "Match
			 race" means a race that is between two (2) horses and for which other horses
			 are not eligible.
(45) "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.
(46) "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 that pari-mutuel
			 pool.
(47) "Month" means calendar
			 month.
(48) "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.
(49) "Net pool" means the total amount
			 wagered less refundable wagers and takeout.
(50) "Nomination" means a subscription or
			 entry of a horse in a stakes or early closing race.
(51) "Nominator" means the person in whose
			 name a horse is entered for a race.
(52) "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.
(53)
			 "Pari-mutuel wagering," "mutuel wagering", or "pari-mutuel system of wagering"
			 is defined by
			 KRS
			 230.210.
(54) "Pari-mutuel pool" means any pool into
			 which pari-mutuel wagers made by patrons are placed. For every wager placed
			 into a pari-mutuel pool by a patron, that patron is eligible to receive at
			 least a minimum payout on a winning wager.
(55) "Patron" means an individual present at
			 a track, licensed premises, or a simulcast facility who observes or wagers on
			 live or historical horse races.
(56) "Payout" means the amount of the net
			 pool payable to an individual patron on his or her winning wager.
(57) "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 means one involving a payoff
			 on a betting interest that finished first or second in a race; or if used in
			 the context of multiple positions in the order of finish in a race, "place or
			 placing" means finishing first or second.
(58) "Player-funded pool" means a pool of
			 money funded by patrons wagering on a live or historical horse race or races
			 that is only used to ensure that a patron will receive a payout on a winning
			 wager in the event of a "minus pool" as defined in this administrative
			 regulation.
(59) "Post" means the
			 starting point of a race.
(60)
			 "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.
(61) "Post time"
			 means the advertised moment scheduled for the arrival of all horses at the
			 starting point for a race.
(62)
			 "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.
(63) "Purse" means the gross
			 cash portion of the prize for which a race is run.
(64) "Quarter horse" is defined by
			 KRS
			 230.210.
(65) "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.
(66) "Race" means
			 a running contest between horses, ridden by jockeys or driven by drivers, over
			 a prescribed course free of obstacles or jumps, at a recognized meeting, during
			 regular racing hours, for a prize.
(67) "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.
(68) "Racing official" means a racing
			 commission member, commission staff as duties require, and all association
			 racing department employees, as duties require.
(69) "Recognized meeting" means any meeting
			 with regularly scheduled live horse races for thoroughbreds on the flat,
			 licensed by and conducted under administrative regulations promulgated by a
			 governmental regulatory body, to include foreign countries that are regulated
			 by a racing authority that has reciprocal relations with The Jockey Club and
			 whose race records can be provided to an association by The Jockey
			 Club.
(70) "Registration
			 certificate" means, with respect to thoroughbreds:
(a) The document issued by The Jockey Club
			 certifying the name, age, color, sex, pedigree, and breeder of a horse as
			 registered by number with The Jockey Club; or
(b) The document known as a "racing permit"
			 issued by The Jockey Club in lieu of a registration certificate if a horse is
			 recognized as a thoroughbred for racing purposes in the United States, but is
			 not recognized as a thoroughbred for breeding purposes insofar as registering
			 its progeny with the Jockey Club.
(71) "Result" means the part of the official
			 order of finish in a race used to determine the pari-mutuel payoff of
			 pari-mutuel pools.
(72) "Rulings"
			 means all determinations, decisions, or orders of the stewards or of the
			 commission duly issued in writing and posted.
(73) "Scratch" means the withdrawal of a
			 horse entered for a race after the time of closing of entries for the race in
			 conformance with KAR Title 810.
(74) "Scratch time" means the time set by the
			 racing secretary as a deadline for horsemen to indicate their desire to scratch
			 out of a race.
(75) "Secretary"
			 means the duly appointed and currently serving secretary of the
			 commission.
(76) "Simulcasting" is
			 defined by
			 KRS
			 230.210.
(77) "Specimen" means a sample of blood,
			 urine, or other biologic sample taken or drawn from a horse for chemical
			 testing.
(78) "Stakes" means all
			 fees:
(a) Paid by subscribers to an
			 added-money or stakes race for nominating, eligibility, entrance, or starting,
			 as required by the conditions of the race; and
(b) Included in the purse.
(79) "Stakes race" means a race
			 that closes more than seventy-two (72) hours in advance of its running and for
			 which subscribers contribute money towards its purse, or a race for which
			 horses are invited by an association to run for a guaranteed purse of $50,000
			 or more without payment of stakes. With the exception of stakes races in North
			 America, "stakes race" excludes races not listed by The Jockey Club Information
			 System International Cataloguing Standards, Part One (1).
(80) "Starter" means a horse in a race when
			 the starting-gate doors open in front of it at the moment the starter
			 dispatches the horses for a race.
(81) "Steward" means a duly appointed racing
			 official with powers and duties specified in
			 810 KAR 2:040 serving at
			 a current meeting in the Commonwealth.
(82) "Subscription" means nomination or entry
			 of a horse in a stakes race.
(83)
			 "Takeout" means "commission" as defined by subsection (17)(b) of this
			 section
(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 or
			 races.
(85) "Thoroughbred racing"
			 is defined by
			 KRS
			 230.210.
(86) "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.
(87) "Unplaced" means
			 a horse that finishes a race outside the pari-mutuel payoff.
(88) "Wagering pool" means "pari-mutuel pool"
			 as defined by subsection (54) of this subsection.
(89) "Walkover" means a race in which the
			 only starter or all starters represent single ownership.
(90) "Weigh in" means the presentation of a
			 jockey to the clerk of scales for weighing after a race.
(91) "Weigh out" means the presentation of a
			 jockey to the clerk of scales for weighing prior to a race.
(92) "Weight for age" means the standard
			 assignment of pounds to be carried by horses in races at specified distances
			 during specified months of the year, scaled according to the age of the horse
			 as established in
			 810 KAR 4:020.
(93) "Workout" means 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.
(94) "Year" means twelve (12) consecutive
			 months beginning with January and ending with December.