810 KAR 2:070 - Thoroughbred and other flat racing associations
RELATES TO: KRS 230.215(2), 230.260(8)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) and 230.260(8) authorize the commission to promulgate administrative regulations establishing conditions governing horse racing. This administrative regulation establishes requirements for thoroughbred and other flat racing associations.
Section 1. Maintenance of Grounds, Facilities
and Uniform Track.
(1) The grounds and
facilities, of an association shall be maintained in a manner that provides for
the:
(a) Comfort and safety of patrons,
employees, and other persons whose business requires their attendance;
and
(b) Health and safety of horses
that are stabled, exercised, or entered to race at the association.
(2) The grounds and facilities of
an association shall be:
(a) Neat and
clean;
(b) Painted; and
(c) In good repair.
(3) An association shall have implements
adequate to maintain a uniform track, weather conditions permitting.
Section 2. Results Boards,
Totalizators Required. An association shall provide and maintain mechanically
operated totalizators and electronic boards that show odds, results, and other
race information in plain view of patrons.
Section 3. Starting Gate.
(1) An association shall provide and maintain
a working starting gate on every day horses are permitted to exercise on its
racing strip.
(2) An association
shall have in attendance one (1) or more persons qualified to keep the starting
gates in good working order whenever the gates are in use.
(3) An association shall provide for periodic
inspections of the starting gates.
Section 4. Stabling.
(1) An association barn and stall shall be:
(a) Constructed of fire-resistant
material;
(b) Clean, sanitary, and
equipped for adequate drainage; and
(c) Maintained in good repair.
(2)
(a) Prior to the opening of a race meeting,
the commission shall submit to the racing secretary a list of locations of
approved off-track stabling facilities from which horses shall be permitted to
race.
(b) The locations shall be
considered association grounds.
Section 5. Stands for Officials.
(1) An association shall provide and maintain
stands commanding an uninterrupted view of the entire racing strip for racing
officials.
(2) The stands and their
locations shall be approved by the commission.
(3) The floor of patrol judge stands shall be
at least six (6) feet higher than the track rail.
Section 6. Distance Pole Markings.
(1) A thoroughbred or other flat racing
association shall have:
(a) Red and white
quarter poles;
(b) Green and white
eighth poles; and
(c) Black and
white 16th poles.
(2)
Permanent markers shall be located at each standard Arabian, quarter horse,
paint horse, and appaloosa distance as applicable. Distance pole markers and
permanent markers shall be located where they can be seen clearly from the
stewards' stand. Each post shall be identified by color as follows: 220 yds.,
white; 250 yds., blue; 300 yds., yellow; 330 yds., green; 350 yds., red; 400
yds., black; 440 yds., orange; 550 yds., blue and white stripe; 660 yds.,
yellow and white stripes; 770 yds., green and white stripes; and 870 yds., red
and white stripes. In addition, for appaloosa races, markers shall be located
at six (6) and six and one-half (6 1/2) furlongs to be painted yellow and white
and orange and white, respectively.
Section 7. Lighting.
(1) An association shall provide and maintain
flood lights that provide adequate illumination in the stable area and parking
area.
(2) If an association
conducts night racing, it shall provide adequate track lighting.
Section 8. Facilities for Stable
Employees.
(1) An association shall provide
and maintain in good repair adequate living quarters and conveniently located
sanitary facilities that shall include showers, toilets, and wash basins for
stable employees.
(2) Personnel
shall not be permitted to sleep in a stall or barn loft.
Section 9. Facilities for Jockeys.
(1) An association shall provide and maintain
adequate facilities for jockeys scheduled to ride each day.
(2) The facilities shall include
accommodations for rest and recreation of jockeys on racing days, showers,
toilets, wash basins, mirrors, arrangements for safekeeping of apparel and
personal effects, and snack bar.
Section 10. Facilities for Commission.
(1) An association shall provide adequate
office space for the commission on its grounds.
(2) To assist in the conduct of official
business, an association shall provide the following to the commission:
(a) A season box, marked "Kentucky Horse
Racing Commission", of six (6) to eight (8) seats; and
(b) A number of parking places sufficient for
the commission and commission staff.
(3) An association shall honor for access to
preferred parking facilities and other areas on its grounds a commission or
Association of Racing Commissioners International ring, lapel button, or
automobile emblem.
Section
11. Sanitary Facilities for Patrons. An association shall, on
every racing day, provide sanitary toilets and wash rooms, and free drinking
water adequate for the number of patrons and persons having business at the
association that comply with applicable statutes, administrative regulations,
codes, or ordinances.
Section 12.
Manure Removal.
(1) An association shall
provide and maintain manure pits of the size and construction adequate to
handle refuse from stalls.
(2) The
contents of the manure pits shall be removed from the stable area as promptly
as is possible.
Section
13. Photo Finish Cameras.
(1) An
association shall provide and maintain at the finish line two (2) photo finish
cameras for photographing the finish of races.
(2) One (1) of the photo finish cameras shall
be held in reserve. The photo finish photographer shall promptly furnish to the
stewards and placing judges the number of prints of finishes
requested.
(3) An association shall
maintain a one (1) year file of all photo finishes.
Section 14. Race Replays.
(1) During a race meeting, an association
shall provide and maintain personnel and equipment necessary to record and
produce race replays that clearly record each race from start to
finish.
(2) Projection or viewing
equipment shall be adequate to permit simultaneous showing of head-on and
side-angle views of the running of each race.
(3)
(a) A
race replay shall be:
1. Retained and secured
by an association for at least one (1) year; and
2. Made available to the commission and
stewards upon demand.
(b) Upon order of the stewards, a visual
record of a race that has raised a question, dispute, or controversy shall be
filed with the commission.
(4) Race replays shall be made available:
(a) For viewing at the track by licensees who
owned, trained, or rode a horse in the race requested to be viewed;
and
(b) To members of the
press.
Section
15. Ambulances.
(1) An
association shall provide and maintain at least one (1) human ambulance and one
(1) horse-ambulance whenever horses are permitted to exercise or
race.
(2) An ambulance shall be:
(a) Equipped;
(b) Manned;
(c) Ready for immediate duty; and
(d) Located at an entrance to the racing
strip.
Section
16.
(1) Except as provided by
subsection (2) of this section, an association shall equip and maintain a first
aid facility that is:
(a) Equipped with at
least two (2) beds; and
(b)
Attended by a licensed physician and registered nurse during race
hours.
(2) An
association shall not be required to maintain a first aid facility, if the
association has an ambulance on standby on its premises during racing hours
which:
(a) Can transport an injured individual
to a fully-equipped hospital emergency room in five minutes or less;
and
(b) Is manned by a certified
paramedic and certified emergency medical technician.
(3) A paramedic provided pursuant to
subsection (2) of this section shall be equipped with:
(a) Heart monitor and
defibrillator;
(b) Cellular phone;
and
(c) Airways intubation
equipment.
Section
17. Track Kitchen. An association shall provide a track kitchen
within the stable area, maintained in a clean and sanitary manner that complies
with applicable statutes, administrative regulations, codes, or ordinances, at
all times horses are stabled on association grounds.
Section 18. Communication System. An
association shall install and maintain in good working service a communication
system between the stewards' stand and:
(1)
Outriders;
(2) Pari-mutuel
department;
(3) Starting
gate;
(4) Public address announcer;
and
(5) Clerk of the
scales.
Section 19. Fire
Prevention.
(1) An association shall have a
fire prevention and suppression program.
(2) The commission shall not approve the
commencement of a race meeting unless, within fifteen (15) days before
commencement of the race meeting, the state or local fire marshal:
(a) Has inspected the association;
and
(b) Certified that the
association plant and stable area meets fire safety requirements.
(3) An association shall maintain
a firefighting unit of trained personnel that has high-expansion foam fire
extinguishers and other equipment required by the local fire inspection
authority.
(4) An association shall
prohibit:
(a) Smoking in stalls, under shed
rows, and in feed rooms;
(b) Open
fires and oil or gas lamps in the stable area; and
(c) Locking of stalls occupied by
horses.
Section
20. Association Security.
(1) An
association shall provide and maintain security services, night and day, on and
about association grounds.
(2) An
association shall furnish to the stewards a report on any disturbances or
disorderly conduct committed by a person on association grounds.
(3) An association shall exclude from
association grounds a person designated to be denied access by order of the
commission or stewards.
(4) An
association shall implement security measures to protect a horse on association
grounds from being injured by being frightened or tampered with.
(5) An association shall exclude from the
paddock area, race strip, and winner's entrance a person who:
(a) Does not have an immediate connection
with the horses entered; and
(b) Is
not a commission member, racing official, or accredited member of the news
media.
Section
21. Vendors and Suppliers.
(1) A
vendor shall comply with procedures and requirements established by an
association.
(2) An association
shall not attempt to control or monopolize sales to owners, trainers, or stable
employees.
(3) An association shall
not grant an exclusive concession to a vendor of feed, racing supplies, or
racing services.
(4) A vendor of
horse feeds or medications shall file with the commission veterinarian a list
of products that he or she proposes to sell, including a new preparation or
medication.
(5) An association
shall not permit the sale of an alcoholic beverage except beer within the
stable area.
Section 22.
Ejection or Exclusion From Association Grounds.
(1) An association shall for probable cause
eject or exclude from association grounds a person:
(a) Believed to be engaged in:
1. A bookmaking activity;
2. Solicitation of bets; or
3. Touting;
(b) Who as a business or for compensation,
either directly or indirectly:
1. Accepted
anything of value to be wagered, transmitted, or delivered for wager to a
pari-mutuel wagering enterprise; or
2. Participated in the transaction;
or
(c) Who attempted to
use tax exempt admissions credentials not issued to him by the
association.
(2) An
association shall eject or exclude from its stable area a person who is not:
(a) Licensed to conduct an activity that
requires his presence in the stable area;
(b) An accredited member of the news
media;
(c) A guest of a licensed
owner or trainer accompanied by the owner or trainer; or
(d) Accompanied by, and under the control and
supervision of a:
1. Racing
official;
2. Association security
guard; or
3. Association public
relations department representative.
(3)
(a) A
report of an ejection or exclusion from association grounds shall be made
immediately to the stewards, judges, and commission director of
security.
(b) A report shall state
the:
1. Name of person ejected or
excluded;
2. Reasons for the
ejection or exclusion; and
3. Facts
relating to the ejection or exclusion.
Section 23. Ownership of
Associations. An association shall file with the commission a revised list of
persons whose identity is required by
810 KAR
3:010 immediately upon transfer of a beneficial
interest or control in the association.
Section
24. Plan of Association Grounds.
(1) An association shall file with the
commission maps and plans of association grounds, showing:
(a) Structures;
(b) Piping;
(c) Fire hydrants;
(d) Fixed equipment;
(e) Racing strip, noting elevation as filled,
drained, and gapped; and
(f)
Composition of track base and cushion.
(2) An association shall file revised maps or
plans of association grounds upon any material change.
Section 25. Attendance and Badge List
Reports; Tax Exempt Credentials.
(1) An
association shall file with the commission a copy of the form required by
KRS
137.180 and
138.480,
"Race Track Pari-mutuel and Admissions Report," Revenue Form 73A100.
(2) A tax exempt admission credential shall
not be transferable.
Section
26. Financial Report. Within sixty (60) days after the close of
its fiscal year, an association shall file:
(1) Three (3) copies of its balance sheet;
and
(2) A comparison to the prior
year.
Section 27.
Horseman's Account and Horseman's Bookkeeper.
(1) An association shall maintain a bank
account that shall:
(a) Be separate from its
other accounts;
(b) Be titled
"horsemen's account"; and
(c)
Contain sufficient funds to pay money owing to horsemen for:
1. Purses;
2. Stakes;
3. Rewards;
4. Claims; and
5. Deposits.
(2) Withdrawals from the horsemen's account
shall be subject to audit by the commission at any time.
(3)
(a) For
all races, purse money shall be available to earners after the result of the
race in which the money was earned has been declared official and:
1. For race dates where all samples are
reported by the commission laboratory as passed at the screening level, within
twenty-four (24) hours after receipt of the report by the commission;
or
2. For race dates where one (1)
or more sample is reported by the commission laboratory as suspicious at the
screening level, within twenty-four (24) hours after receipt of the final
report by the commission.
(b) If a horse is disqualified and an appeal
has been filed, purse money shall be available to other participants entitled
to purse money in the amount they would have earned had a horse not been
disqualified. The purse money to which the disqualified participant would be
entitled shall be held in escrow by the association until final adjudication of
a dispute over which persons are entitled to money.
(4)
(a)
Except for jockey fees, a deduction from purse money shall not be made, unless
the deduction has been requested in writing by the:
1. Person to whom purse money is payable;
or
2. Authorized representative of
the person to whom purse money is payable.
(b) Whether or not a deduction request is
made, at the close of a race meeting, the horsemen's bookkeeper in charge of
the horsemen's account shall mail to an owner a duplicate of each record of a
deposit, withdrawal, or transfer of funds that affects his racing
account.
(5) The
horsemen's bookkeeper in charge of the horsemen's account shall be
bonded.
Section 28.
Outriders.
(1) An association shall employ at
least two (2) outriders.
(2) An
outrider shall:
(a) Escort starters to the
post;
(b) Assist in the returning
of horses to the unsaddling area;
(c) Only lead a horse that has demonstrated
unruliness; and
(d) Assist in the
control of a horse that might cause injury to a jockey or others.
(3) Whenever horses are permitted
on the racing strip for exercising or racing, an outrider shall be:
(a) Present on the racing strip;
(b) Mounted; and
(c) Ready to assist in the:
1. Control of an unruly horse; or
2. Recapture of a loose horse.
Section 29.
Safety Equipment.
(1) A person mounted on a
horse or stable pony at a location under the jurisdiction of the commission
shall wear a properly secured safety helmet at all times. If requested by a
commission official, the person shall provide sufficient evidence that his
helmet has a tag, stamp, or similar identifying marker indicating that it meets
one of the following safety standards:
(a)
ASTM International Standard, ASTM F1163-04a;
(b) British Standards, BS EN 1384:1997 or PAS
015:1999; or
(c) Australian/New
Zealand Standard, AS/NZS 3838:2006.
(2) A person mounted on a horse or stable
pony on a location under the jurisdiction of the commission, assistant
starters, and a person handling a horse in a starting gate shall wear a safety
vest at all times. If requested by a commission official, the person shall
provide sufficient evidence that his safety vest has a tag, stamp, or similar
identifying marker indicating that it meets or exceeds one (1) of the following
safety standards:
(a) British Equestrian
Trade Association (BETA):2000 Level 1;
(b) Euro Norm (EN) 13158:2000 Level
1;
(c) ASTM International Standard,
ASTM F2681-08;
(d) Shoe and Allied
Trade Research Association (SATRA) Jockey Vest Document M6 Issue 3;
or
(e) Australian Racing Board
(ARB) Standard 1.1998.
Section 30. Valets.
(1) An association shall employ a number of
licensed valets sufficient to attend each rider on a day's racing
program.
(2) A valet shall be under
the immediate supervision and control of the clerk of scales.
(3) A rider shall not employ a valet or be
attended by a person other than the valet assigned to him by the clerk of
scales.
(4) A valet shall:
(a) Be responsible for the care and cleaning
up of the apparel and equipment of his assigned rider;
(b) Ensure his rider has the proper equipment
and colors for a race;
(c) Present
the proper equipment and attend the saddling of his rider's mount;
and
(d) Attend the weighing out of
his rider.
(5) A valet
or other jockey room attendant shall not place a wager, directly or indirectly,
on races run while he serves as a valet for himself or another.
(6) An association shall provide uniform
attire for all valets that shall be worn whenever they perform their duties
within public view.
Section
31. Minimum Purse and Stakes Values.
(1) An association shall not program or run
any race for which the purse is less than $2,000 in cash, without special
permission of the commission.
(2)
An association shall not program or run a stakes race for which the added value
is less than $10,000 in cash added by the association to stakes fees paid by
owners.
(3) The minimum cash
amounts paid by the association shall be exclusive of:
(a) Nomination;
(b) Eligibility;
(c) Entrance;
(d) Starting fees;
(e) Cash awards;
(f) Premiums;
(g) Prizes; or
(h) Objects of value.
Section 32. Maximum Number of
Races. An association shall not program or run more than nine (9) races on a
racing day without permission of the commission.
Section 33. Two (2) Year Old Races. Beginning
on March 1 of each year, an association shall program in the conditions book at
least four (4) two (2) year old races each week.
Section 34.
(1)
(a)
Exculpatory clauses. Stall applications, entry forms, condition books, and
other agreements between persons or entities licensed by the Kentucky Horse
Racing Commission regarding the stabling of horses, the racing of horses, the
training of horses, or other activities at tracks owned or operated by licensed
associations, and conditions of racing established by licensed associations,
shall not contain provisions that absolve or hold harmless a licensee from
liability, or limit the liability of a licensee, for loss, loss of use, injury,
or damage caused or contributed to by the acts or omissions of any licensee,
its agents, or employees, except for:
1.
Ordinary negligence that causes or contributes to loss, injury, or damage to
horses while on the premises of a licensed association; and
2. Ordinary negligence that causes or
contributes to personal injury or property damage, including loss, loss of use,
injury, or damage to horses arising from the use of grass fields or gallops
owned or controlled by the licensed association.
(b) Subject to the exception in paragraph (a)
of this subsection, licensees participating in the stabling of horses, the
racing of horses, the training of horses, and related activities at tracks
owned or operated by licensed associations shall be responsible for their own
acts and omissions and those of their agents and employees to the same extent
as provided by law. A licensee shall not attempt to limit liability of a person
or entity for gross negligence or intentional wrongdoing.
(2) Constructive notice to and consent of
licensees. Persons licensed by the Kentucky Horse Racing Commission shall be
deemed, as a condition of licensure, to have notice of and to have consented to
exculpatory provisions, which comply with the limitations set forth in this
administrative regulation, included in agreements between licensees and in
conditions of racing established by a licensed association. Exculpatory
provisions that exceed the limitations set forth in this administrative
regulation shall be void and unenforceable in their entirety.
(3) Model provision. The following provision
shall be deemed to comply with the limitations set forth in this administrative
regulation: All Kentucky Horse Racing Commission licensees, including but not
limited to the host association, owners, trainers, jockeys, and grooms
("licensees"), participating in stabling, racing, training, and related
activities at (name of licensed association) recognize that hazards and risks
inherent in these activities may cause the injury or death of horses.
Therefore, in consideration of participating in stabling, racing, training, and
related activities at (name of licensed association), all licensees assume the
risks of, and release, hold harmless, and covenant not to sue other
participating licensees for:
(a) Ordinary
negligence that causes or contributes to loss, loss of use, injury, or damage
to horses while on the premises of (name of licensed association);
and
(b) Ordinary negligence that
causes or contributes to personal injury or property damage, including but not
limited to loss, loss of use, injury, or damage to horses arising from the use
of grass fields or gallops owned or controlled by (name of licensed
association), whether arising from alleged acts or omissions of a licensee, its
agents, or employees, the condition of the premises of (name of licensed
association), or any other cause. Except as provided above, all licensees
participating in racing, training, and related activities at (name of licensed
association) shall be responsible for their own acts and omissions and those of
their agents and employees to the same extent as provided by law.
Notes
STATUTORY AUTHORITY: KRS 230.215(2), 230.260(8)
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