New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter B - Harness Racing › Part 4100 - General Provisions › Section 4100.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As used in this
					 Subchapter, the following definitions are applicable:
(1) Added money early closing event means an
					 event closing in the same year in which it is to be contested in which all
					 entrance fees received are added to the purse.
(2) The age of a horse shall be reckoned from
					 the first day of January of the year of foaling.
(3) Appeal means a request for the commission
					 to investigate, consider and review any decisions or rulings of judges or
					 officials of a meeting. The appeal may deal with placings, penalties,
					 interpretations of the rules or other questions dealing with the conduct of
					 races.
(4) Association veterinarian
					 means a veterinarian licensed by the commission and employed by a racing
					 association or corporation.
(5)
					 Attending veterinarian means a veterinarian licensed by the commission and
					 hired by the owner or trainer.
(6)
					 Claiming race means a race in which any horse starting may be claimed for a
					 designated amount in conformance with the rules.
(7) Classified race means a race regardless
					 of the money winnings eligibility of horses, entries being selected by a racing
					 secretary on the basis of ability or performance.
(8) Commission means the New York State
					 Gaming Commission.
(9) Conditioned
					 race means an overnight event to which eligibility is determined according to
					 specified qualifications. Such qualifications may only be based upon:
(i) money winnings in a specified number of
					 previous races or during a specified previous time;
(ii) finishing positions in a specified
					 number of previous races or during a specified period of time;
(iii) age;
(iv) sex;
(v) number of starts during a specified
					 period of time;
(vi) purses raced
					 for;
(vii) claiming price in past
					 races;
(viii) any one or more
					 combinations of the qualifications herein listed;
(ix) other qualifications for which
					 permission has been granted by the commission in writing.
(10) Coupled entry means the combination of
					 two or more starters in the same race as a unit for wagering and
					 disqualification.
(11) Dash means a
					 race decided in a single trial. Dashes may be given in a series of two or three
					 governed by one entry fee for the series, in which event a horse must start in
					 all dashes.
(12) Declaration means
					 the naming of a specific horse to a specific race as a starter.
(13) Disqualification means a decision that a
					 horse shall not start or shall not be allowed to maintain its finishing
					 position for betting or purse purposes or both if such horse shall have
					 started.
(14) Early closing race
					 means a race to be contested within the year of such race's closing for a
					 definite amount to which nominations close at least 10 days preceding the race.
					 The eligibility fee may be on the installment plan or otherwise, and all
					 payments are forfeits.
(15)
					 Elimination heats mean the heats of a race split to qualify the contestants for
					 a final heat.
(16) Expulsion
					 whenever such penalty is prescribed in this Subchapter, means unconditional
					 exclusion and disqualification from every phase of harness racing, either
					 directly or indirectly, on or off the track or admission to the track as a
					 patron or otherwise.
(17) Futurity
					 means a stake in which the animal to compete is nominated either in utero or
					 during the year of foaling.
(18)
					 Handicap means a race in which allowance is made by post position.
(19) Harness race means a contest among
					 horses under harness pulling a sulky and being driven by a human being
					 designated a driver.
(20) Heat
					 means a single trial in a race two in three, or three-heat plan.
(21) In harness means that the horses
					 participating are attached to a sulky or similar vehicle.
(22) Interference means any act that, by
					 design or otherwise, and regardless of actual contact, hampers or obstructs any
					 competing horse or horses.
(23)
					 International championship means a race advised, promoted or announced as
					 competition among the best horses in the world of any gait or age and comprised
					 of horses from three or more countries with no more than four horses from any
					 one country.
(24) Invitation race
					 means an overnight race to which only those horses named by the racing
					 secretary and listed by the racing secretary with the presiding judge shall be
					 eligible.
(25) Late closing race
					 means a race for a fixed amount to which nominations close fewer than six weeks
					 and more than 10 days before the race is to be contested. The rules herein
					 governing early closing races shall govern late closing races in all respects
					 except that nominations to a late closing race may be taken in a calendar year
					 prior to such race being contested and on the first calendar day of a month in
					 addition to the 15th calendar day.
(26) Length of race. Races or dashes shall be
					 given at a stated distance in units not shorter than one-sixteenth of a
					 mile.
(27) Limited pari-mutuel
					 meeting. The Orange County Driving Park Association Meeting, held in Goshen,
					 is, for the purposes of this Subchapter, considered a limited pari-mutuel
					 meeting.
(28) Maiden means a horse
					 that has never won a heat or race for a purse at the gait at which it is
					 declared to start. Races or purses awarded to a horse after the "Official" sign
					 has been posted shall not affect such horse's status as a maiden.
(29) Match race means a race that has been
					 arranged and the conditions of the race agreed upon between the
					 contestants.
(30) Matinee race
					 means a race with no declaration fee and where the premiums, if any, are other
					 than money.
(31) Named race means
					 an invitation race.
(32) New York
					 State sire races means races that are conducted pursuant to conditions and
					 rules promulgated or approved by the Agriculture and New York State Horse
					 Breeding Development Fund and the commission. No track licensee shall designate
					 races by such title or a similar title without express approval of said fund
					 and the commission.
(33) Number of
					 heats. If no distance or number of heats are specified in the conditions, all
					 races shall be one heat at a mile.
(34) Nomination means the naming of a horse
					 or such horse's foal in utero to compete in a specific race or a series of
					 races, eligibility for which is conditioned upon the payment of a fee at the
					 time of the naming, the payment of subsequent sustaining fees and/or a starting
					 fee.
(35) Overnight event means a
					 race for which declarations close not more than four days (omitting Sundays)
					 before such race is to be contested. All races other than stakes and early
					 closing events shall be considered overnight events.
(36) Paddock means an enclosure to which
					 horses scheduled to compete in a race program are confined prior to
					 racing.
(37) Protest means an
					 objection, properly sworn to, charging that a horse is ineligible to a race,
					 alleging improper declaration, or citing any act of an owner, driver, trainer
					 or caretaker, or official that is prohibited by the rules and that, if true,
					 should exclude the horse or driver from the race.
(38) Public trainer means one who trains as
					 an independent contractor rather than as an employee.
(39) Racetrack operator means the
					 corporation, associatio n or other business entity that is licensed or
					 otherwise permitted to manage and operate a race track at which pari-mutuel
					 harness horse racing is conducted in New York State.
(40) Scoring means those preliminary practice
					 starts taken by the horses in a race, after the post parade and before they are
					 called by the starter to line up for the start.
(41) Spouse means a person married to the
					 licensee or applicant or one held out by a person to be his or her
					 spouse.
(42) Stake means a race
					 that will be contested in a year subsequent to such race's closing in which the
					 money given by the track conducting the same is added to the money contributed
					 by the nominators, all of which except deductions for the cost of promotion,
					 breeders or nominators awards belongs to the winner or winners. In any event,
					 all of the money contributed by the nominators must be paid to the winner or
					 winners. Where a definite purse is offered, same shall be known as a guaranteed
					 stake.
(43) Sulky means a dual
					 shafted, dual wheeled vehicle designed to be drawn by a horse and driven by a
					 person. A sulky shall be not more than 72 inches wide at any point and from the
					 point of such sulky's attachment to the harness to such sulky's most rear point
					 including any protruding seat or other component shall be no longer than 120
					 inches. The wheels of a sulky shall not exceed 32 inches in diameter. Foot
					 stirrups shall be fitted on each shaft and each shaft shall be attached to the
					 harness on each side of the horse. For good cause shown, and after safety and
					 fairness to competitors is established satisfactorily to the commission by an
					 applicant, the commission may permit minor variations from these
					 requirements.
(44) Suspension,
					 unless otherwise specifically limited, means the unconditional exclusion and
					 disqualification from every phase of harness racing either directly or
					 indirectly, on or off the track, or admission to the track as a patron or
					 otherwise.
(45) Two in three means
					 a race in which a horse must win two heats to be entitled to first
					 money.
(46) Three-heat plan means
					 an event limited to three heats, except if three horses have each won a heat,
					 in which case there shall be a fourth heat to determine the winner.
(47) Walkover means a situation in which only
					 horses in the same interest start. In a stake race, a walkover is entitled to
					 all the stake money and forfeits unless otherwise provided in the published
					 conditions. To claim the purse, the entry must start and go once over the
					 course.
(48) Winner means the horse
					 whose nose reaches the wire first. If there is a dead heat for first, both
					 horses shall be considered winners. Where two horses are tied in the summary,
					 the winner of the longer dash or heat shall be entitled to the trophy. Where
					 the dashes or heats are of the same distance and the horses are tied in the
					 summary, the winner of the faster dash or heat shall be entitled to the
					 trophy.
(49) Wire means a real or
					 imaginary finish line across the track from the photo-finish camera to a point
					 immediately across from the camera and at right angles to the track.