New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 70 - HORSE RACING › Subchapter 2 - DEFINITIONS › Section 13:70-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, and
				  when used in N.J.A.C. 13:71 unless defined in
				  N.J.A.C.
				  13:71-4.1(b), shall have the
				  following meanings unless the context clearly indicates otherwise:
"Added money" means the money which in a stake race an
				  association adds to the purse, the nominating and starting fees.
"Advance wagers" means any wager placed at least one race in
				  advance of the current race.
"Age" of a horse means the time reckoned as beginning on the
				  first of January in the year after the horse is foaled.
"Apprentice" means a jockey apprentice.
"Arrears" includes all money due for entrance forfeits, fees
				  (including jockey fees), fines, subscriptions, purchase money in a claiming
				  race and also any default in money incident to the rules.
"Assistant trainer" means a person who assumes the duties and
				  responsibilities of a trainer while assisting the trainer or acting on behalf
				  of the trainer in the training of the horses under his charge.
"Association" means a person or persons, partnerships or
				  corporate body licensed by the commission to conduct a meeting where horse
				  racing shall be permitted for any stake, purse or reward.
"Authorized agent" means a person appointed by a written
				  instrument signed by the owner and filed in accordance with the rules.
"Breeder" of a horse means the owner of its dam at the time
				  of foaling.
"Breeding place" means the place of a horse's birth.
"Breeze" means a horse running for any distance in a timed
				  workout while under the control or direction of an exercise rider, jockey, or
				  other person.
"Calendar day" means 24 hours ending at midnight.
"Clocker" means a person charged with the responsibility of
				  timing horses at a morning workout.
"Corrupt" or "fraudulent practice" means any attempt to
				  enrich oneself or associates, or gain any advantage, through unfair, unlawful
				  or dishonest behavior in connection with the racing of horses.
"Declaration" means the act of withdrawing an entered horse
				  from a race before the closing of overnight entries.
"Delay period" means the set period of time between the
				  sounding of the bell to signal the end of wagering in each race and the time
				  mutuel machines will not accept cancellations and are completely deactivated
				  for the current race. This delay period can be adjusted at the discretion of
				  the Commission from zero to 20 seconds and is available only for the protection
				  of the mutuel clerks by permitting them to cancel wagers that patrons place and
				  refuse to accept immediately before the beginning of the delay period.
"Disciplinary action" means revocation of a license,
				  suspension, ruling off, fine or reprimand or any combination thereof.
"Driver" means a person who drives horses in any race at a
				  track, matinee fair or other non-extended pari-mutuel meeting.
"Driver-trainer" means a person who is licensed as a trainer
				  of horses who also drives horses in any race at a track, matinee fair or other
				  non-extended pari-mutuel meeting.
"Drug" means:
1. Articles recognized in the official U.S. Pharmacopeia,
				  official Homeopathic Pharmacopeia of the United States, or official National
				  Formulary, or any supplement to any of them; and
2. Articles intended for use in the diagnosis, cure
				  mitigation, treatment, or prevention of disease in man or other animals;
				  and
3. Articles (other than food) intended to affect the
				  structure or any function of the body or other animals; and
4. Articles intended for use as a component of any article
				  specified in paragraphs 1, 2, or 3 but does not include devices or their
				  components, parts or accessories.
"Early bird wagering" means wagering that occurs on races in
				  advance of the normal time racetracks open mutuel machines for their live
				  racing program.
"Entry" means:
1. According to the requirement of the text, a horse made
				  eligible to run in a race; or
2. Two or more horses which are entered or run in a race and
				  are coupled because of common ties.
"Equipment", as applied to a horse, means whips, blinkers,
				  tongue straps, muzzles, hoods, nosebands, bits, shadow rolls, martingales,
				  breast plates, bandages, boots, plates and so forth.
"Exercise personnel" means any person who is conducting a
				  jogging or a work-out of a horse for the purposes of conditioning during
				  training hours.
"Field" (or mutuel field) means the individual horses
				  competing in a race exceed the numbering capacity of the tote; the highest
				  numbered horse within the capacity of the tote and all horses of a higher
				  number shall be grouped together for wagering purposes and called the "field"
				  and a bet on one is a bet on all.
"Forensic analysis" means when samples are analyzed by
				  scientifically qualified personnel within the Forensic Science Bureau of the
				  Division of State Police.
"Forfeit" means money due because of an error, fault, neglect
				  of duty, breach of contract or a penalty.
"Foul or careless riding" means any and all acts of a jockey
				  committed in the running of a race designed to gain unfair or unsportsmanlike
				  advantage, to the end of improving his own chance or position in a race or of
				  lessening the chance or position of another in the race.
"Gross pool pricing" means the historic method of calculating
				  pari-mutuel prices using the take-out and breakage rules of the host track's
				  jurisdiction. Pari-mutuel prices calculated using the gross pool pricing method
				  are the same for all jurisdictions in the pari-mutuel pool.
"Horse" means filly, mare, colt, horse and gelding.
"Jockey" means a race rider, whether jockey or
				  apprentice.
"Law" or "Laws" means chapter 17 of the General Laws of New
				  Jersey, 1940,
				  5:5-22
				  et seq. (being the general laws pertaining to horse racing), as further amended
				  and supplemented.
"Licensee" means any association receiving a license from the
				  commission to conduct horse racing; and, in context, any person licensed by the
				  commission to participate in horse racing in any capacity.
"Locked in the gate" means that a horse is prevented from
				  leaving the post at off-time because of the failure of the front door of the
				  gate to open simultaneously with the other doors, thus preventing said horse
				  from starting when the other horses officially start.
"Maiden" means a horse which at the time of starting has
				  never won a race on the flat in any country.
"Maiden jumper" means a horse which has never won a race over
				  hurdles or fences in any country. A maiden which has been disqualified after
				  finishing first is still a maiden.
"Month" means a calendar month.
"Net pool pricing" means the method of calculating
				  pari-mutuel prices established in 1995 that allow each jurisdiction to use
				  their take-out and breakage rates to calculate a pari-mutuel price without
				  jurisdictions altering their take-out rate and breakage rate to accommodate
				  another racing jurisdiction's take-out and breakage rates. Pari-mutuel prices
				  calculated using the net pool pricing method may differ slightly for each
				  jurisdiction in the pari-mutuel pool.
"Nominator" means the person in whose name a horse is entered
				  for a race.
"Off-time" means the moment at which, on signal of the
				  starter, the horses break and start to run.
"Owner" means sole owner, part owner or lessee of a horse. An
				  interest only in the winnings of a horse does not constitute part
				  ownership.
"Place" in racing means first, second, third, fourth or fifth
				  and in that order called "Win", "Place", "Show", "Fourth" and "Fifth".
"Positive analysis" means when the analyst has accumulated
				  sufficient scientific data to specifically identify the suspected drug(s) or
				  foreign substance(s) present in the biological test sample.
"Post-mortem necropsy" means a thorough examination of a
				  horse's remains by a licensed veterinary practitioner to determine the cause of
				  death and other information about the condition of a deceased horse.
"Post position" means the position assigned to the horse at
				  the starting line of the race.
"Post time" means the time set for the arrival at the
				  starting point of the horses in a race and must be prominently displayed at a
				  reasonable time prior to the race.
"Race" means a contest for purse, stakes, premium or wager.
				  It includes among others all races defined in the following paragraphs:
1. "Claiming race" means a race in which any horse entered
				  therein may be claimed in conformity to the rules.
2. "Free" or "overnight handicap" means a handicap in which
				  no liability for entrances money is incurred.
3. "Guaranteed race" means a race for which an association
				  guarantees by its conditions a specified purse which shall be the limit of its
				  liability. However, if in any such case there should be any surplus from
				  entries and subscriptions over the sum guaranteed, it shall also be paid to the
				  winner, unless by the conditions it is to be paid to other horses in the
				  race.
4. "Handicap" means a race in which the weights to be carried
				  by the entered horses are adjusted by the racing secretary for the purpose of
				  equalizing their respective chances of winning.
5. "Highweight handicap" means a handicap in which the weight
				  assigned to the top horse in the handicap is not less than 140 pounds.
6. "Match" means a private sweepstakes between two horses
				  which are the property of two different owners; if either of the horses entered
				  in the match dies, or if either owner dies the match is void. It remains a
				  match even if money or another award is added to the stakes.
7. "Optional claiming race" means a race restricted to horses
				  entered to be claimed for a stated price and those entered not to be claimed by
				  the option designated in the conditions of the race. In case of horses which
				  are entered to be claimed, the race shall be considered a claiming race for the
				  purpose of determining future penalties and allowances, and for horses entered
				  not to be claimed, the race shall be considered an allowance or purse
				  race.
8. "Overnight race" means any race other than a stake or
				  added money race.
9. "Produce race" or "futurity" means a race to be contested
				  by the produce of horses which are named or identified before the closing of
				  the entries.
10. "Purse race" means a race for money or any other prize to
				  which the owners of the horses engaged do not contribute.
11. "Stake race" or "sweepstakes" means a race to which
				  nominators of the engaged entries contribute to a purse; to which money, or any
				  other award, may be added; but no overnight race, regardless of its conditions,
				  shall be deemed a stake race.
12. "Starter race" means an overnight race under allowance or
				  handicap conditions, restricted to horses which have previously started for a
				  designated claiming price or less, as stated in the conditions of the
				  race.
13. "Walkover" means when one and only one of the owners who
				  has nominated for a race qualifies a horse or horses to start. Where only one
				  horse or interest has qualified to start in a race, that horse shall be ridden
				  past the judge's stand and go to the post and shall then be deemed the winner.
				  It shall receive all entrance fees, forfeit, but no portion of any purse, stake
				  or added money or any other prize.
14. "Weight for age race" means a race in which weights are
				  assigned in keeping with the scale of weights adopted by these rules.
"Race day" means a day in which a numerical majority of
				  scheduled races is conducted and shall be a part of the permit holder's
				  allocated racing days.
"Race meeting" means a group of days, Sunday excepted, on
				  which horse racing is conducted for any stake, purse or reward, at a race
				  track.
"Recognized meeting" means any meeting wherever held under
				  the sanction of a turf authority having reciprocal relations with the New
				  Jersey Racing Commission and other turf authorities, for the mutual enforcement
				  of rulings imposed on persons guilty of fraudulent turf practices of any
				  kind.
"Respiratory bleeder" means a horse that shows evidence of
				  hemorrhaging from the blood vessels of the nose, accessory nasal cavities, the
				  pharynx, larynx and/or lung.
"Rule off" means the act of debarring from the grounds of an
				  association and denying all racing privileges.
"Rules" means the rules and regulations therein prescribed
				  and any amendments or additions thereto.
"Running meeting" means a meeting at which all horses entered
				  to run in flat races must be registered in the American Stud Book maintained by
				  the Jockey Club of New York, and all horses entered to be run in steeplechases
				  must be registered in the Jockey Club or with the National Steeplechase and
				  Hunt Association.
"Scratch" means the act of withdrawing an entered horse from
				  a race after the closing of overnight entries.
"Scratch time" means the time set by any association for the
				  closing of application for permission to withdraw from race of that day.
"Stable employee" means a person who is employed by the
				  trainer to perform duties such as hot walker or groom.
"Starter" means a horse becomes a starter when the stall
				  doors of the starting gate open in front of it at the time the starter
				  dispatches the horses.
"Stewards" means the steward of the meeting or their duly
				  appointed deputies.
"Subscription" means the act of nominating a horse for a
				  stake race.
"Suspicious analysis" means when the biological sample being
				  tested is suspected of containing any drug(s) or foreign chemical substance(s),
				  however the presence of other foreign substance(s) interferes with the
				  isolation, detection and identity of the suspected substance(s).
"Tote" or "tote board" means the totalizer.
"Trainer" means a person licensed to condition horses for
				  races.
"Untried horse" means one whose produce are maidens.
"Year" means a calendar year.