Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 161 - GENERAL PROVISIONS › Section 161.3 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this part, have
				  the following meanings, unless the context clearly indicates otherwise:
Act
-The Race Horse Industry Reform Act
				  (4 P.
				  S. §§
										325.101-325.402).
Age
-Beginning on the first day of January in
				  the year in which the horse is foaled.
Arrears
-Includes moneys due for entrance
				  forfeits, fees (including jockey's fees), forfeitures, subscriptions, stake,
				  purchase money in claiming races and also a default in money incident to the
				  rules.
Arrest
-Refers to a criminal matter in which
				  the applicant has been indicted, booked or otherwise charged and which is
				  pending final disposition. A matter on which a final judgment or order has been
				  entered should be reported under "conviction." (Reference should be made to the
				  term "conviction" as set forth in this section).
Association
-A person, associations or
				  corporation licensed by the Commission to conduct a race meeting under the act.
Authorized agent
-A person appointed by a
				  written instrument, signed and acknowledged before a notary public and filed in
				  accordance with the rules, who is thereupon entitled to represent a licensed
				  owner-principal. Authorization will be deemed unrestricted unless otherwise
				  prepared in strict compliance with the provisions of this subpart.
Breeder
-The owner of the horse's dam at the
				  time of foaling.
Breeding place
-The place where a horse is
				  foaled.
Calendar day
-A 24-hour period commencing at
				  12:01 a.m., and ending at 12 a.m.
Commission
-The Pennsylvania State Horse
				  Racing Commission.
Conviction
-A final judgment of guilt or
				  criminal culpability in either juvenile or adult proceeding, whether arising
				  from verdict, judgment or order of a Court or from a plea of guilty, of no
				  contest or nolo contendere or other form of final disposition. Conviction does
				  not include accelerated rehabilitative disposition adjudications (A.R.D.'s) or
				  other similar forms of preindictment release where a final record of guilt or
				  conviction will not follow.
Corrupt practice
-Includes the commission,
				  the attempt to commit or the solicitation, inducing or attempt to induce a
				  violation of a rule of racing or civil or criminal statute pertinent or
				  relevant to racing by a person whether acting alone or in concert.
Declaration
-The act of withdrawing an
				  entered horse from a race before the closing of overnight entries.
Entry
-According to the requirement of the
				  text:
(i) A horse made eligible to run
				in a race.
(ii) Two or more horses
				which are entered and run in a race which are owned by the same owner or
				trained by the same trainer.
Equipment
-As applied to a horse, shall mean
				  whips, blinkers, tongue straps, muzzles, nosebands, bits, shadow rolls,
				  martingales, breast plates, bandages, boots and plates.
Forfeit
-oney due to a party because of an
				  error, fault, neglect of duty, breach of contract or a penalty ordered by the
				  Stewards or the Commission.
Foul
-The term includes an infraction of the
				  rules of racing involving physical conduct occurring during the actual running
				  and course of a race.
Horse
-A thoroughbred registered with the
				  New York Jockey's Club and includes a 2 year old, filly, mare, colt, horse,
				  gelding or ridgling.
Jockey
-A race rider currently licensed, or
				  permitted to ride, or both.
Licensee
-A person or entity holding a form
				  of license from the Commission who is exercising the powers, privileges or
				  prerogatives of a licensee or who is acting in a manner as to apparently
				  indicate they are entitled to hold or who should hold a license.
Maiden
-A horse which at the time of
				  starting has never won a race on the flat at a recognized meeting in any
				  country. A maiden which has been finally disqualified after finishing first is
				  thereafter still to be considered a maiden.
Meeting
-The entire consecutive period for
				  which the approval to race has been granted to an association by the Commission
				  or other period as may from time to time be established by general order of the
				  Commission.
Minor
-A person under the age of 18
				  years.
Month
-A calendar month.
Nominator
-A person in whose name a horse is
				  entered for a race.
Owner
-Includes the sole owner, a part
				  owner, a holder of any beneficial or equitable interest present or reversionary
				  or expectant or, the lessee of a horse. An interest only in the winnings of a
				  horse does not constitute part ownership.
Place
-First, second or third in the order
				  of finish of a race and are referred to, respectively, as "win," "place" and
				  "show."
Post
-That place on the course from which a
				  race is designated to start.
Post position
-The position assigned to a
				  horse at the starting line of the race.
Post time
-The time set for the arrival at
				  the starting point of the horses in a race. It shall be posted a reasonable
				  time prior to the race on a clock device, provided for that purpose,
				  prominently displayed before and clearly visible from the grandstand. The post
				  time of each race shall be set by the parimutuel department manager and shall
				  not be changed after being posted without permission of the Stewards.
Protest
-A formal complaint filed after a
				  race with the Stewards in accordance with the rules, protesting the right of
				  any horse to a place, purse, award or entitlement in a race or protesting or
				  excepting to a decision relating to eligibility, participation or placing of a
				  horse in a race.
Race
-A contest between horses for purse,
				  stakes or reward on a licensed course and in the presence of authorized
				  Stewards.
(i)
Purse
				races
-Those in which the participating owners do not contribute to a
				prize for the race.
(ii)
Claiming race
-A race in which a horse entered may be claimed
				in conformity with the within rules.
(iii)
Handicap
-A race in
				which the weights to be carried by the entered horses are adjusted by a
				handicapper or the Racing Secretary or a board of handicappers for the purpose
				of equalizing their respective chances of winning.
(iv)
Free handicap
or
overnight handicap
-A handicap in which no liability for
				entrance money is incurred.
(v)
Highweight handicap
-A handicap in which the weight assigned to
				the top horse in that handicap is not less than 140 pounds.
(vi)
Match race
-A private
				sweepstakes between two horses which are the property of two different owners.
				If prior to the running of the race 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.
(vii)
Optional claiming
				race
-A race restricted to horses who have started previously for a
				designated claiming price or less, whose owner or trainer may, at his
				discretion, enter the horse to be claimed. In the case of horses entered to be
				claimed in a race, the race will be considered for the purposes of these rules,
				a claiming race.
(viii)
Overnight race
-Race for which entries close 72 hours or less,
				exclusive of Sundays, before the time set for the first race of the day on
				which the race is to be run.
(ix)
Purse race
-A race for money or another prize to which the
				owners of the horses engaged do not contribute.
(x)
Stake race
or
sweepstakes
-A race to which nominators of the engaged entries
				contribute to a purse; to which money, or another award, may be added. No
				overnight race, regardless of its condition, shall be deemed a stake race.
(xi)
Walkover
-Results when one and only one of the owners who has
				nominated for a race qualifies a horse to start. When 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 entrance fees, forfeit, but no portion of a purse, stake, or added
				money or another prize.
Race day
-A day during which racing is
				  authorized and conducted.
Recognized meeting, authorized meeting
or
race meeting
-Includes the entire period of time designated by
				  the Commission for the conduct of parimutuel racing activities by a licensed
				  association. Meetings of a given association or of several associations may be
				  split or joined as shall be determined and authorized by the Commission.
Rules
-The rules and regulations adopted by
				  the Commission as are in effect at a given time together with additions and
				  modifications thereto.
Scratch
-The act of applying for withdrawal
				  of an entered horse after the closing of entries.
Scratch time
-The time set by the association
				  for the closing of applications for permission to withdraw from races of that
				  day.
Starter
-A horse is a starter for a race when
				  it is in the gate and when the starter dispatches the field, the gate in front
				  of it opens.
Stewards
-The Stewards of the meeting or
				  their appointed deputies acting at a given time.
Subscription
-The act of nomination or entry
				  of a horse to a stakes race.
Untried horse
-One whose produce are
				  maidens.
Weight for age
-Standard weight according to
				  the scale set forth in the within rules, regardless of penalties or
				  allowances.
Year
-A calendar year.
The provisions of this §
											161.3 amended under sections 202
					 and 218 of the Race Horse Industry Reform Act (4 P. S. §§
												325.202 and
					 325.218).