The definitions in A.R.S. §
5-101 apply to this
Chapter. Additionally, unless the context requires otherwise, in this
Article:
1. "Added money" means money
a permittee adds to the nominating and starting fees in a race.
2. "Age" means the age of a horse as computed
from the first day of January in the year in which the horse is
foaled.
3. "Allowance race" means
an overnight race for which a horse's eligibility and weight to be carried are
determined according to specified conditions that include age, sex, earnings,
and number of wins.
4. "Also
eligible" means a horse, properly entered for a race, which is not drawn for
inclusion in the race but becomes eligible according to preference or lot if an
entry is scratched before the scratch-time deadline.
3.
5. "Authorized agent"
means a person appointed under
R19-2-106(G).
6. "Breakage" means net pool minus
payout.
4.
7. "Breeder" means the owner or lessee of a horse's
dam at the time the horse is foaled.
5.
8. "Breeding place"
means the place of birth of a horse.
9. "Business day" means a day on which live
racing is conducted or a day on which entries are taken.
10. "Carryover" means non-distributed pool
monies that are retained and added to a corresponding pool in accordance with
this Chapter.
11. "Claiming race"
means a horse race in which each owner declares in advance the price at which
the owner's horse will be offered for sale after the race.
6. Commission" means the Arizona
Racing Commission.
12.
"Complaint" means a written allegation of a violation of A.R.S. Title 5,
Chapter 1, or this Chapter.
13.
"Contest" means a competitive racing event on which pari-mutuel wagering is
conducted.
7. Course" means the track over
which horses race.
8.
14. "Declaration" means
the act of withdrawing an entered horse from a race.
9. Department" means the Arizona
Department of Racing.
10. Director" means the Director
of the Arizona Department of Racing.
11.
15. "Entrance fee"
means a fee set by a permittee that must be paid to make a horse eligible for a
stakes race.
12.
16. "Entry" means, according to its context, either:
a. A horse eligible and entered in a race,
or
b. Two or more horses that are
entered in a race as a single wagering unit and are:
i. Owned, in whole or in part, by the same
owner; or
ii. Trained by a trainer
who owns an interest in another horse in the race.
13.
17. "Equipment" means whips, blinkers, tongue straps,
muzzles, hoods, nose bands, shadow rolls, martingales, breast plates, bandages,
boots, plates (shoes), and all other paraphernalia that is or might be used on
or attached to a horse while racing.
14.
18. "Field" means:
a. The entire group of horses in a race;
or
b. Two or more starting horses
running as a single wagering unit when there are more starting horses in a race
than positions of the tote.
15.
19. "Foreign
substance" means any drug, medicine, metabolite, or other substance that does
not exist naturally in an untreated horse and that may have a pharmacological
effect on the racing performance of a horse or may affect sampling or testing
procedures. Foreign substances include but are not limited to stimulants,
depressants, local anesthetics, narcotics, and analgesics.
16.
20.
"Foul" means any action by a horse or jockey that interferes with another horse
or jockey in the running of a race.
17.
21. "Grounds" means
the entire area used by a permittee to conduct a race meet including, but not
limited to, the track, grandstand, stables, concession areas, and parking
facilities.
22. "Handicap" means a
race in which the weight to be carried by each entered horses is adjusted to
equalize each horse's chance of winning.
18.
23. "Horse" means a filly, mare, colt, horse, gelding,
and ridgling except when referring to sex, "horse" means a male that is five
years or older and retains all reproductive organs.
a. In general when referring to
sex, a horse is an entire male 5 years old or older.
b. Ridgling shall mean a
half-castrated male horse or a horse with one or both organs of reproduction
absent from the sac.
24. "Hurdle race" means a race over a track
in which jumps or hurdles are used.
25. "Immediate," for the purpose of
suspension or revocation of a license issued under this Chapter, means the
first date that the suspension or revocation does not negatively impact another
licensee, as determined by the Department.
26. "Inactive person" means an individual who
has never been licensed or whose license has expired, been revoked, or been
suspended for more than 30 days.
27. "Inquiry" means an investigation of
possible interference in a contest conducted by the stewards before the
stewards declare the result of the contest official.
28. "In-today horse" means a horse that is
entered and has drawn a position to run on one race day and also is entered for
the next race day.
19.
29. "Lawfully issued prescription" means a
prescription-only drug, as defined at A.R.S. §
13-3401, obtained directly from or under a valid prescription order written by a
licensed physician acting in the course of professional practice.
20.
30.
"Lessee" or "lessor" means a person who leases a horse for racing
purposes.
21.
31. "Maiden" means a horse that at the time of
starting has never won a race on the flat in any country on a recognized track
or that was disqualified after finishing first.
32. "Match race" means a race between two or
more horses, each of which is the property of different owners, on terms agreed
to by the owners and approved by the Department.
22. Meeting" means the entire
period for which a permit to conduct racing has been granted to any permittee
by the Commission.
33. "Minus pool" means there is not enough
money, after deductions of state tax and statutory commissions, to pay the
legally prescribed minimum on each winning wager.
34. "Net pool" means the sum of all wagers on
a race minus refundable wagers and statutory commissions.
35. "Net take" means the amount of a track's
commission minus allowed deductions.
23.
36. "Nominating fee"
means a fee set by a permittee that must be paid to make a horse eligible for a
stakes or handicap race.
24.
37. "Nomination" means
naming a horse or its foal in utero to compete in a specific race or series of
races, eligibility for which may require paying a fee at the time of
naming.
25.
38. "Nominator" means the person in whose name a horse
is nominated for a stakes or handicap race.
39. "Official laboratory" means the facility
with which the Department contracts under A.R.S. §
5-105(A).
40. "Official race program" means a published
listing of all contests and contestants for a specific performance.
26.
41.
"Off time" means the moment at which, on signal of the starter, the horses
break and run.
42. "Overnight race"
means a race for which entries close 96 or fewer hours before the time set for
the first race of the day on which the race is to be run.
27.
43.
"Overpayment" means the amount by which purses paid exceed the amount due
horsemen based on the net take and breakage.
28.
44. "Owner" means any
person possessing all or part of the legal title to a horse.
45. "Payout" means the amount of money
payable to winning wagers.
46.
"Performance" means a schedule of races run consecutively as one
program.
29.
47. "Place" means a horse finishes in one of the first
three positions in a race.
48.
"Pool" means the sum of all wagers on a race.
30.
49. "Post position"
means the position assigned to a horse for the start of a race.
31.
50.
"Post time" means the time set for horses in a race to arrive at the starting
point.
51. "Preferred list" means
a record of a horse with a prior right to starting usually because the horse
was previously entered in a race that did not fill with the required minimum
number of horses.
52. "Program
trainer" means a licensed trainer identified in the official race program as
the trainer of a horse that is actually under the control of and trained by
another individual who may or may not hold a trainer's license in any
jurisdiction and who is not identified in the official race program as the
trainer of the horse.
32.
53. "Prohibited
substance" means any substance regulated by A.R.S. Title 13, Chapter
34.
54. "Purse" means the total
dollar amount for which a race is contested.
55. "Purse race" means a race for money or
other prize to which owners of horses engaged in the race do not contribute an
entry fee.
56. "Quarter race" means
a race on the flat of 1,000 yards or less.
33.
57. "Race" means a
contest among horses for purse, stakes, premium, or wager for money, that is
run in the presence of racing officials of the track and a Department
representative.
a. Claiming race" means a race in
which any horse entered may be claimed in conformity with these
rules.
b. "Graded quarter race" means a
quarter race for which horses are classified by the racing secretary on the
basis of prior racing times and past performances.
c. "Handicap" means a race in
which weights to be carried by the entered horses are adjusted by a handicapper
for the purpose of equalizing their respective chances of
winning.
d. "Hurdle race" means a race
over a course in which jumps or hurdles are used.
e. "Match race" means a race
between two or more horses, each the property of different owners, on terms
agreed upon by the owners and approved by the Department.
f. "Overnight race" means a race
for which entries close 96 hours or less before the time set for the first race
of the day on which such race is to be run.
g. "Purse race" means a race for
money or other prize to which the owners of the horses engaged in the race do
not contribute an entry fee.
h. "Quarter race" means a race on
the flat at 870 yards or less.
i. "Race on the flat" means a
race over a course in which no jumps or other obstacles are
placed.
j. "Stakes race" means a race in
which any monies are to be deposited by the owners of the horses engaged in the
race, including a race in which money or other prize is added, and in which
nominations must close more than 72 hours before the time for the first race of
the day on which such stakes race is to be run.
58. "Race meet" means the period for which a
permit to conduct racing is granted to a permittee by the Commission.
59. "Race on the flat" means a race over a
track on which no jumps or other obstacles are placed.
34.
60.
"Racing Regulation Fund" means the fund established under A.R.S. §
5-113.01
and administered by the Department to receive funding for regulation of racing
from various pari-mutuel racing industry sources.
61. "Racing secretary" means the official who
drafts conditions of races.
35.
62. "Recognized track"
means a track where pari-mutuel wagering is authorized by law or that is
recognized by the American Quarter Horse Association.
63. "Restricted area" means an enclosed
portion of a permittee grounds to which access is limited to licensees whose
occupation or participation requires access.
64. "Result" means the part of the official
order of finish used to determine the pari-mutuel payout of pools for each
contest.
65. "Ridgling" means a
male horse that has one or both testicles absent from the scrotum.
36.
66.
"Ruled off" means the act of:
a. Barring a
licensee from the grounds of a permittee and denying the licensee all racing
privileges; or
b. Preventing a
horse from being entered because the stewards have determined that preventing
the horse from racing is in the best interest of the health, safety, and
welfare of licensees and the state.
37.
67. "Scratch" means to
withdraw an entered horse from a race after overnight entries have been
closed.
38.
68. "Scratch time" means the time set by the permittee
for withdrawing entered horses from the races of a particular day.
69. "Stakes race" means a race for which the
owner of an entered horse is required to pay a fee to which the track may add
money or other prize to make up the total purse and for which nominations close
more than 72 hours before the time for the first race of the day on which the
stakes race is to be run.
70.
"Starter race" means an allowance or handicap race restricted to horses that
have previously started for a specified claiming price or less and for which
the racing secretary may establish other conditions.
39.
71. "Starting fee"
means the amount of money, specified by the conditions of the race and set by
the permittee, which must be paid by a horse's owner for the horse to start in
a race.
40.
72. "Starting horse" means a horse that leaves the
paddock for the post, excluding:
a. A horse
subsequently excused by the stewards, or
b. A horse for which the starting gate stall
doors do not open in front of the horse at the time the starter dispatches the
field.
73. "Steward"
means an official of a race meet responsible for enforcing A.R.S. Title 5,
Chapter 1 and this Chapter.
41.
74. "Subscription"
means the fee paid by the owner to nominate a horse for a stakes
race.
42.
75. "Supplemental fee" means a fee set by a permittee
that must be paid by a horse's owner at a time prescribed by the permittee to
make the horse eligible for a stakes race after the time for nominations is
closed.
43.
76. "Suspended" means that a privilege granted by the
officials of a race meet or by the Commission or Department has been
temporarily withdrawn.
44.
77. "Sustaining fees"
mean fees that must be paid periodically, as prescribed by the conditions of a
race, to keep a horse eligible for the race.
78. "TCO2" means total
carbon dioxide.
45.
79. "Tote or totalisator" means the machines from
which pari-mutuel tickets are sold and the board on which the approximate odds
for a race are posted.
46.
80. "Track" means the course over which a
race takes place.
47.
81. "Trainer" means a person employed by an owner or
lessee to condition a horse for racing.
48.
82. "Underpayment"
means the amount by which the amount due horsemen, based on the net take and
breakage, exceeds the amount of purses paid.
49.
83. "Walkover" means
a race in which there are not two or more horses of separate interest sent to
post.
50.
84. "Weight" means the standard weight described in
R19-2-118.