Ariz. Admin. Code § R19-2-104 - Permittee Responsibilities
A. A
permittee shall maintain the grounds in a neat, clean, and safe condition. If a
steward determines that a permittee is not in compliance with this Section, the
steward shall require that the permittee immediately bring the grounds into
compliance.
B. The permittee shall
prevent any person, corporation, firm, or association not licensed by the
Department from performing any act at its track which requires a license under
A.R.S. Title 5, Chapter 1, or this Article.
C. Each permittee department head shall see
that the permittee department head's employees are licensed and furnish a list
of the employees upon request.
D. A
permittee shall take all steps necessary to deny the privileges of a license to
anyone whose license has been revoked or suspended and to keep such a person
off the grounds of the permittee and to prevent a person who has been ruled off
from entering the grounds of the permittee.
E. A permittee or its employees shall not
obstruct a representative of the Department performing the representative's
duties.
F. A permittee shall not
knowingly allow on its grounds any betting or other operations in contravention
of any law of the state of Arizona or of the United States.
G. The permittee shall immediately report all
observed violations of any racing regulation or statute to the Department and
shall cooperate with the Department and with state, federal, and local
authorities in investigations of alleged violations.
H. A permittee shall provide the following
services at the track:
1. A horse ambulance,
approved by the Department, for the removal of crippled animals from the
track.
2. A physician or emergency
paramedic certified under A.R.S. §
36-2205
on duty during racing hours.
3. An
ambulance, available during morning works and racing hours.
4. First aid quarters, available during
morning works and racing hours.
5.
A detention paddock (test barn) where all winners and other horses selected by
the stewards are taken and kept under the supervision of the Department
veterinarian until saliva, urine, blood, and other samples have been
obtained.
6. An adequate security
force whose duties include:
a. Maintaining
order.
b. Excluding from the
grounds all handbooks, touts, and operators of gambling devices.
c. Excluding from the grounds all persons
ruled off by the stewards or the Department.
d. Excluding from the grounds all persons not
eligible for a license under A.R.S. §
5-108.
e. Immediately reporting to the stewards any
licensee who, while on the premises of the permittee, creates a disturbance, is
intoxicated, interferes with any racing operation, or acts in an abusive or
threatening manner to any racing official or other person.
7. A security guard stationed at the stable
area entrance whose duties include:
a. Denying
entrance to all persons not holding a license or credentials issued by the
Department or a Departmental pass issued by the permittee.
b. Allowing any person seeking employment
within the stable area to have access to that area for a period of one day,
provided that:
i. The person is given a
numbered card.
ii. A list of
recipients of the numbered cards is provided to the track office of the
Department upon request.
iii. The
numbered card is retrieved by the security guard when the person leaves the
stable area.
iv. The track office
of the Department is notified of the retrieval.
8. A furnished office, including utilities
and necessary office equipment, for the exclusive use of Department employees
and officials.
9. A uniformed
security official approved by the Department, on duty in the Department test
barn during its regular business hours. The official shall provide security and
monitor the collection procedure and sealing of samples taken from the
horses.
10. A copy of all tip
sheets offered for sale in the parking area or elsewhere on the grounds of the
permittee, furnished daily to the stewards not later than three hours before
first post.
I. A person
shall not sell tip sheets, pamphlets, or other printed matter purporting to
predict the outcome of a race other than official programs, the Daily Racing
Form, and newspapers in the betting area.
J. Wagering shall be conducted upon the
grounds of a permittee only under the pari-mutuel method as provided by statute
and this Article and by the use of such mechanical or other equipment as the
Department may require. Bookmaking or betting other than by the pari-mutuel
method is prohibited.
K. A
permittee shall not allow the official racing of horses on any track under its
control except as provided by subsection (P) below unless:
1. The conditions of the race have been
written by the racing secretary at the meeting.
2. The entries have been made in accordance
with the requirements set forth in
R19-2-113.
3. The race programmed as a part of a regular
racing card conducted under the pari-mutuel system.
L. On a daily basis, and as soon as the
entries have been closed and compiled and the declarations have been made, the
permittee posts a list of the entries and declarations in a conspicuous
place.
M. A permittee shall print
on a daily racing program a list of all officials and directors of the
permittee and of track and racing officials, together with such pertinent rules
as the Department may designate.
N.
A permittee shall not allow an official to act until the official's appointment
has been approved by the Department; provided that, in the case of sickness or
inability to act, the provisions of
R19-2-121(A)(5)
apply.
O. The permittee shall
provide a photo finish and videotape device, approved by the Department, for
the purpose of recording all races. The photographs and videotapes may be used
to aid the stewards in determining the finishes of races. Permittees shall
retain for three months all official race photographs and videotapes. The
Department may require that specific photographs and videotapes be retained for
a longer period of time or be transmitted to the Department for subsequent
administrative or judicial proceedings.
P. Notwithstanding subsection (K), wagering
may be conducted, by permission of the Department, on electronically televised
simulcasts provided:
1. The simulcasts
originate from a racing facility outside the state of Arizona.
2. The race is televised on the grounds of
the permittee.
3. The televised
race is included with the posted races for that racing day.
4. The televised race complies with the
Interstate Horseracing Act of 1978 (15 U.S.C.
3001 et seq.).
5. Monies wagered are computed in the total
daily handle.
6. An out-of-state
facility, receiving a simulcast originating from a racing facility within the
state of Arizona, operates under the approval and regulation of an official
agency of that state.
Q.
Any automatic timing device installed by the permittee shall have the approval
of the Department.
R. Each
commercial horse racing permittee shall furnish the Department with annual
financial statements audited and certified by a firm approved by the auditor
general.
1. The firm shall conduct the audit
in accordance with audit standards prescribed by the auditor general.
2. The firm shall prepare the financial
statements in accordance with generally accepted accounting
practices.
3. The firm shall use
the following accounting practices:
a.
Overpayments shall be treated as an asset to the extent that they are
recoverable. Overpayments are reported as an asset titled "Purse Overpayments,"
immediately following current assets. If the permittee and the accountant
determine that all or part of any overpayment is not recoverable, the dollar
amount expensed and the basis of the determination shall be disclosed in the
notes to the financial statements.
b. Underpayments shall be reflected as an
account payable.
c. Wagering income
shall be reported net of sales taxes.
d. Amounts which a permittee is seeking to
recover through litigation shall not be reported as assets.
4. The firm shall submit the
following information with the financial statements in a form prescribed by the
Department:
a. An analysis of the composition
of and changes in accounts payable which include underpayments and asset
accounts which include overpayments,
b. A summary of current year purse expense
and over- or underpayment,
c. The
total amount of salaries and bonuses expense,
d. Legal and accounting expense attributable
to racing-related matters,
e. An
explanation of the types of revenues and expenses classified in accounts titled
"other," and
f. Other financial
information requested by the Commission or Department.
5. Financial statements of permittees granted
original permits prior to July 1, 1982, shall be on a fiscal year basis.
Financial statements of permittees granted original permits after July 1, 1982,
may be on a fiscal or calendar year basis at the discretion of the
Director.
6. The firm shall submit
financial statements within 120 calendar days of the end of the fiscal or
calendar year.
7. The firm shall
report overpayments and underpayments to the Department in a form prescribed by
the Department within 10 working days after the end of each condition book
period.
S. Each
permittee shall comply with the provisions of Article 2 of this
Chapter.
Notes
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