810 KAR 6:001 - Definitions for 810 KAR Chapter 6
RELATES TO: KRS Chapter 23013
NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) authorizes
the Kentucky
Section 1. Definitions.
(1) "Added money " means:
(a) Cash, exclusive of trophy or other award,
added by the association to stakes fees paid by subscribers to form the total
purse for a stakes race ; or
(b) In
the context of pari-mutuel wagering, any amounts provided by an association in
addition to the amounts wagered by patrons and any carryover amounts.
(2) "Age " means the number of
years since a horse was foaled, reckoned as if the horse was foaled on January
1 of the year in which the horse was foaled.
(3) "Appaloosa horse " means a horse duly
registered with the Appaloosa Horse Club, Inc., Moscow, Idaho.
(4) "Appaloosa racing" is defined by KRS 230.210(3).
(5) "Arabian horse "
means "arabian" as defined by KRS 230.210.
(6) "Arrears " means all sums due by a
licensee as reflected by his or her account with the horsemen's bookkeeper,
including subscriptions, jockey fees, forfeitures, and any default incident to
810 KAR Chapter 6.
(7)
"Association" is defined by KRS 230.210(5).
(8) "Authorized agent " means any person
currently licensed as an agent for a licensed owner or jockey by virtue of
notarized appointment of agency filed with the corporation.
(9) "Betting interest " means a single horse ,
or more than one (1) horse joined as a mutuel entry or joined in a mutuel
field , on which a single pari-mutuel wager can be placed.
(10) "Bleeder " means any horse known to have
bled internally or from its nostrils during a workout or race .
(11) "Breakage " means the net pool minus
payout .
(12) "Breeder " means the
owner of the dam of a horse when the horse was foaled. A horse is "bred" at the
place of its foaling.
(13)
"Calendar days " means consecutive days counted irrespective of number of racing
days.
(14) "Carryover " means
nondistributed pool monies that are retained and added to a corresponding pool
in accordance with 810 KAR 6:020.
(15) "Claiming race " means any race in which
every horse running in the race can be transferred in conformity with 810 KAR 4:050.
(16) "Closing " means the
time published by the association after which entries for a race will not be
accepted by the racing secretary .
(17) "Commission " means: If used in the
context of pari-mutuel wagering, the amount an association is authorized to
withhold from a pari-mutuel wager pursuant to KRS 230.3615, KRS 230.750, and
KAR Title 810. This meaning can also refer to "takeout " as defined by
subsection (83) of this section.
(18) "Communications Technology " means the
methods used and the components employed to facilitate the transmission of
information, such as electronic communications, and transmission and reception
systems based on wire, cable, radio, microwave, light, optics, or computer data
networks or any similar electronic agent.
(19) "Control Program " means any software,
source language, or executable code that controls the entertaining award
display , such as software, source language, or executable code associated with:
(a) Race selection or related
events;
(b) Accounting and
reporting meter and log information;
(c) Operation of totalizators; and
(d) Any other processes established in the
internal controls or as approved by the corporation.
(20) "Day " means any twenty-four (24) hour
period beginning at 12:01 a.m. and ending at midnight.
(21) "Dead heat " means a finish of a race in
which the noses of two (2) or more horses reach the finish line at the same
time.
(22) "Declaration " means the
withdrawal of a horse entered in a race prior to time of closing of entries for
the race in conformance with 810 KAR Chapter 6.
(23) "Designated area " means any enclosed
area that the corporation has approved for the location of terminals used for
wagering on historical horse races.
(24) "Disciplinary action " means action taken
by the stewards or the corporation for a violation of KRS Chapter 230 or KAR
Title 810 and can include:
(a) Refusal to
issue or renew a license;
(b)
Revocation or suspension of a license;
(c) Imposition of probationary conditions on
a license;
(d) Issuance of a
written reprimand or admonishment;
(e) Imposition of fines or
penalties;
(f) Denial of purse
money;
(g) Forfeiture of purse
money; or
(h) Any combination of
paragraphs (a) through (g) of this subsection.
(25) "Disqualification " means a ruling of the
stewards or the corporation revising the order of finish of a race .
(26) "Driver " means a person who is licensed
to drive a horse in a harness race .
(27) "Entertaining Award Display " or
"Interactive Award Display " means an entertaining system utilizing mechanical
or digital components to display the outcome of a pari-mutuel wager through the
use of spinning reels, wheels, games, or other types of interactive components
that are represented by animations or audio cues. An Entertaining or
Interactive Award Display is connected to a totalizator approved by the
corporation. Entertaining or interactive displays are only used in conjunction
with pari-mutuel wagering on a historical horse race or races.
(28) "Entry " means the act of nominating a
horse for a race in conformance with KAR Title 810.
(29) "Equipment " means:
(a) Accoutrements other than ordinary saddle,
girth, pad, saddle cloth, and bridle carried by a horse , and includes whip,
blinkers, tongue strap, muzzle, hood, noseband, bit, shadow roll, martingale,
breast plate, bandages, boots, and racing plates or shoes; or
(b) Racing, system components or other
equipment found suitable by the corporation or its designee that is required to
operate entertaining or interactive award displays and interactive
terminals.
(30)
"Exhibition race " means a race between horses of diverse ownership for which a
purse is offered by the association, but on which pari-mutuel wagering is not
permitted.
(31) "Exotic wager "
means any pari-mutuel wager placed on a live or historical horse race or races
other than a win, place, or show wager placed on a live horse race .
(32) "Field " or "mutuel field " means a single
betting interest involving more than one (1) horse that is not a mutuel
entry .
(33) "Forfeit " means money
due by a licensee because of an error, fault, neglect of duty, breach of
contract, or alternative ruling of the stewards or the corporation.
(34) "Free handicap " means a handicap for
which a nominating fee is not required to be weighted, but an entrance or
starting fee can be required for starting in the race .
(35) "Handicap race " means a race in which
the weights to be carried by the horses are assigned by the association
handicapper with the intent of equalizing the chances of winning for all horses
entered in the race .
(36) "Handle "
means the aggregate of all pari-mutuel pools, excluding refundable
wagers.
(37) "Historical horse
race " means any horse race that:
(a) Was
previously run at a licensed pari-mutuel facility located in the United
States;
(b) Concluded with official
results; and
(c) Concluded without
scratches, disqualifications, or dead-heat finishes.
(38) "Horse " means any equine (including and
designated as a mare, filly, stallion, colt, ridgeling, or gelding).
(39) "Ineligible " means a horse or person not
qualified under 810 KAR Chapter 6 or conditions of a race to participate in a
specified racing activity.
(40)
"Initial seed pool " means a nonrefundable pool of money that can be funded by
an association in order to ensure that a patron will be paid the minimum amount
required on a winning wager on an historical horse race in the event of a minus
pool .
(41) "Interactive terminal "
or "HHR terminal " means "terminal " as defined by subsection (89)(b) of this
section.
(42) "Internal controls,"
"minimum internal control standards ," or "control standards " means the system
of internal procedures, as well as administrative and accounting controls
related to the integrity of pari-mutuel wagering. This type of system can be
required by the corporation as a condition to conduct live horse racing,
simulcasting, and pari-mutuel wagering.
(43) "Jockey " means a rider currently
licensed to ride in races other than harness races as a jockey , apprentice
jockey , amateur jockey , or a provisional jockey permitted by the stewards to
ride in three (3) races prior to applying for a license.
(44) "Judge " means a duly appointed racing
official with powers and duties established in 810 KAR 2:050 serving at a
current meeting in the Commonwealth.
(45) "Lessee " means a licensed owner whose
interest in a horse is a leasehold.
(46) "Licensed premises" is defined by KRS 230.210.
(47) "Licensee " means an
individual, firm, association, partnership, corporation, trustee, or legal
representative that has been duly issued a currently valid license to
participate in racing in the Commonwealth.
(48) "Maiden " means a horse that has never
won a race on the flat at a recognized meeting in any country. A maiden that
was disqualified after finishing first remains a maiden . Race conditions
referring to maidens are interpreted as meaning maidens at the time of
starting.
(49) "Match race " means a
race that is between two (2) horses and for which other horses are not
eligible.
(50) "Meeting " means the
entire period of consecutive days, exclusive of dark days, granted by the
corporation to a licensed association for the conduct of live horse racing
that:
(a) Begins at 10 a.m. of the first
racing day ; and
(b) Extends through
a period ending one (1) hour after the last scheduled race of the last
day .
(51) "Minus pool "
means a pari-mutuel pool in which the amount of money to be distributed on
winning wagers exceeds the amount of money contained in that pari-mutuel
pool .
(52) "Month" means calendar
month.
(53) "Mutuel entry " means a
single betting interest involving two (2) or more horses entered in the same
race and joined for pari-mutuel purposes because of common ties as to ownership
or training so that a wager on one (1) horse joined in a mutuel entry is a
wager on all horses joined in the same mutuel entry .
(54) "Net pool " means the total amount
wagered less refundable wagers and takeout .
(55) "Nomination " means a subscription or
entry of a horse in a stakes or early closing race .
(56) "Nominator " means the person in whose
name a horse is entered for a race .
(57) "Owner " means any person who holds, in
whole or in part, any right, title, or interest in a horse , or any lessee of a
horse , who has been duly issued a currently valid owner 's license as a person
responsible for the horse .
(58)
"Pari-mutuel wagering," "mutuel wagering", or "pari-mutuel system of wagering"
is defined by KRS 230.210.
(59)
"Pari-mutuel pool " means any pool into which pari-mutuel wagers made by patrons
are placed. For every wager placed into a pari-mutuel pool by a patron , that
patron is eligible to receive at least a minimum payout on a winning
wager.
(60) "Patron " means an
individual present at a track, licensed premises, or a simulcast facility who
observes or wagers on live or historical horse races.
(61) "Payout " means the amount of the net
pool payable to an individual patron on his or her winning wager.
(62) "Place," if used in the context of a
single position in the order of finish in a race , means second; if used in the
context of pari-mutuel wagering, a "place" wager means one involving a payoff
on a betting interest that finished first or second in a race ; or if used in
the context of multiple positions in the order of finish in a race , "place or
placing" means finishing first or second.
(63) "Player-funded pool " means a pool of
money funded by patrons wagering on a live or historical horse race or races
that is only used to ensure that a patron will receive a payout on a winning
wager in the event of a "minus pool " as defined in this administrative
regulation.
(64) "Post " means the
starting point of a race .
(65)
"Post position " means the relative place assigned to each horse , numbered from
the inner rail across the track at the starting line, from which each horse is
to start a race .
(66) "Post time "
means the advertised moment scheduled for the arrival of all horses at the
starting point for a race .
(67)
"Prize " means the combined total of any cash, premium, trophy, and object of
value awarded to the owners of horses according to order of finish in a
race .
(68) "Purse " means the gross
cash portion of the prize for which a race is run.
(69) "Quarter horse " is defined by KRS 230.210.
(70) "Purse race " means
any race for which entries close at a time designated by the racing secretary ,
and for which owners of horses entered are not required by its conditions to
contribute money toward its purse .
(71) "Race " means a running contest between
horses, ridden by jockeys or driven by drivers, over a prescribed course free
of obstacles or jumps, at a recognized meeting , during regular racing hours,
for a prize .
(72) "Race day " means
any period of twenty-four (24) hours beginning at 12:01 a.m. and ending at
midnight in which live racing is conducted by an association.
(73) "Racing official " means a corporation
member, corporation staff as duties require, and all association racing
department employees, as duties require.
(74) "Recognized meeting " means any meeting
with regularly scheduled live horse races for thoroughbreds on the flat,
licensed by and conducted under administrative regulations promulgated by a
governmental regulatory body, to include foreign countries that are regulated
by a racing authority that has reciprocal relations with The Jockey Club and
whose race records can be provided to an association by The Jockey
Club.
(75) "Registration
certificate " means, with respect to thoroughbreds:
(a) The document issued by The Jockey Club
certifying the name, age , color, sex, pedigree, and breeder of a horse as
registered by number with The Jockey Club; or
(b) The document known as a "racing permit"
issued by The Jockey Club in lieu of a registration certificate if a horse is
recognized as a thoroughbred for racing purposes in the United States, but is
not recognized as a thoroughbred for breeding purposes insofar as registering
its progeny with the Jockey Club.
(76) "Result " means the part of the official
order of finish in a race used to determine the pari-mutuel payoff of
pari-mutuel pools.
(77) "Rulings "
means all determinations, decisions, or orders of the stewards or of the
corporation duly issued in writing and posted.
(78) "Scratch " means the withdrawal of a
horse entered for a race after the time of closing of entries for the race in
conformance with KAR Title 810.
(79) "Scratch time " means the time set by the
racing secretary as a deadline for horsemen to indicate their desire to scratch
out of a race .
(80) "Secretary "
means the duly appointed and currently serving secretary of the
corporation.
(81) "Simulcasting" is
defined by KRS 230.210.
(82)
"Specimen " means a sample of blood, urine, or other biologic sample taken or
drawn from a horse for chemical testing.
(83) "Stakes " means all fees:
(a) Paid by subscribers to an added-money or
stakes race for nominating, eligibility, entrance, or starting, as required by
the conditions of the race ; and
(b)
Included in the purse .
(84) "Stakes race " means a race that closes
more than seventy-two (72) hours in advance of its running and for which
subscribers contribute money towards its purse , or a race for which horses are
invited by an association to run for a guaranteed purse of $50,000 or more
without payment of stakes . With the exception of stakes races in North America,
"stakes race " excludes races not listed by The Jockey Club Information System
International Cataloguing Standards, Part One (1).
(85) "Starter " means a horse in a race when
the starting-gate doors open in front of it at the moment the starter
dispatches the horses for a race .
(86) "Steward " means a duly appointed racing
official with powers and duties specified in 810 KAR 2:040 serving at a current
meeting in the Commonwealth.
(87)
"Subscription " means nomination or entry of a horse in a stakes race .
(88) "Takeout " means "commission " as defined
by subsection (17)(b) of this section
(89) "Terminal " means:
(a) Any corporation approved self-service
device or other totalizator -based peripheral equipment used by a patron to
place a pari-mutuel wager on a live or historical horse race or races;
or
(b) Any corporation approved
mechanical, electrical, or other device, contrivance, or machine that, upon
funding of any pari-mutuel wager on a historical horse race or races, is
capable of placing a pari-mutuel wager on that historical horse race or races.
These devices can provide handicapping methods approved by the corporation, in
addition to manual handicapping. In the event of a winning wager, a terminal
displays and either delivers or entitles the patron to receive a payout
pursuant to 810 KAR 6:030. Payouts are issued by the terminal itself or by the
licensed association approved to operate the interactive terminal and related
pari-mutuel pool .
(90)
"Thoroughbred racing" is defined by KRS 230.210.
(91) "Totalizator " means the system,
including hardware, software, communications equipment , and electronic devices
that accepts and processes the cashing of wagers, calculates the odds and
prices of the wagers, and records, displays, and stores pari-mutuel wagering
information.
(92) "Unplaced " means
a horse that finishes a race outside the pari-mutuel payoff.
(93) "Wagering pool " means "pari-mutuel pool "
as defined by this administrative regulation.
(94) "Walkover " means a race in which the
only starter or all starters represent single ownership.
(95) "Weigh in " means the presentation of a
jockey to the clerk of scales for weighing after a race .
(96) "Weigh out " means the presentation of a
jockey to the clerk of scales for weighing prior to a race .
(97) "Weight for age " means the standard
assignment of pounds to be carried by horses in races at specified distances
during specified months of the year , scaled according to the age of the horse
as established in 810 KAR 4:020.
(98) "Workout " means the training exercise of
a horse on the training track or main track of an association during which the
horse is timed for speed over a specified distance.
(99) "Year " means twelve (12) consecutive
months beginning with January and ending with December.
Section 2. Severability. If any provision or
administrative regulation of this chapter is found to be invalid, the remaining
provisions of this chapter shall not be affected nor diminished thereby.
Notes
STATUTORY AUTHORITY: KRS 230.215(2), 230.260(8), 230.361(1), 230.370
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