Utah Admin. Code R52-7-4 - Racing Organization
1. Allocation of
Racing Dates. The Commission shall allocate racing dates for the conduct of
horse race meetings within this state for such time periods and at such racing
locations as the Commission determines will best serve the interests of the
people of Utah in accordance with Title 4, Chapter 38, the Utah Horse
Regulation Act. Upon a finding by the Commission that the allocation of racing
dates for any year is completed, the racing dates allocated shall be subject to
reconsideration or amendment only for conditions unforeseen at the time of
allocation.
2. Application for
License and Days to Conduct a Horse Race Meeting. Each person who intends to
conduct a horse race meeting shall file an application with the Commission no
later than August 1 of the preceding calendar year. Any prospective applicant
for license and days to conduct a horse race meeting failing to timely file the
application for license may be disqualified and its application for license
refused summarily by the Commission.
3. Commission may Demand Information. The
Commission may require any racing organization or prospective racing
organization to furnish the Commission with a detailed proposal and disclosures
as to its proposed racing program, purse, program, financial projections,
racing officials, principals or shareholders, plants, premises, facility,
finances, lease arrangements, agreements, contracts, and such other information
as the Commission may require to determine the eligibility and qualification of
the organization to conduct a race meeting, in addition to that required in the
application form set forth in Subsection
R52-7-4(4) and
as required by Section
4-38-203.
4. Application for Organization License. Any
person desiring to conduct a horse race meeting where the public is charged an
admission fee shall apply to the Commission for an organization license. The
application shall be made on a form prescribed and furnished by the Commission.
The application shall contain the following information:
A. the dates on which and location where the
applicant intends to conduct the race meeting;
B. the name and mailing address of the person
making the application;
C. if the
applicant is a corporation, a certified copy of the Articles of Incorporation
and Bylaws, the names and mailing addresses of any stockholders who own at
least 3% of the total stock issued by the corporation, officers, and directors,
and the number of shares of stock owned by each;
D. if the applicant is a partnership, a copy
of the partnership agreement, and the names and mailing addresses of general
and limited partners with a statement of their respective interest in the
partnership;
E. a description of
photographic equipment, video equipment, and copies of any proposed lease or
purchase contract or service agreement;
F. copies of any agreements with
concessionaires or lessees, together with schedules of rates charged for
performance of any service or for sale of any article within the enclosure,
whether directly or through the concessionaire;
G. schedule of admission prices to be
charged;
H. balance sheets and
profit and loss statements for each of the three fiscal years immediately
preceding the application, or for the period of organization if less than three
years. If the applicant has not completed a full fiscal year since its
organization, or if it acquires or is to acquire the majority of its assets
from a predecessor within the current fiscal year, the financial information
shall be given for the current fiscal year. Financial information shall be
accompanied by an unqualified opinion of a Certified Public Accountant, or if
the opinion is given with qualifications, the reasons for the qualifications
shall be stated;
I. a schedule of
stall rent, entry fees, or any other charges to be made to the horsemen or
public not mentioned in this section; and
J. any other information the Commission may
require. For applicants requesting to conduct non pari-mutuel racing, the
licensee fee may not be less than $25.
5. A separate application upon a form
prescribed and furnished by the Commission shall be filed for each race meeting
which such person proposes to conduct. The application, if made by a person,
shall be signed and verified under oath by the person; and if made by more than
one person or by a partnership, shall be signed and verified under oath by at
least two of the persons or members of the partnership; and if made by an
association, a corporation, or any other entity, shall be signed by the
President, attested to by the Secretary under the seal of such association or
corporation, if it has a seal, and verified under oath by one of the signing
officers.
6. A person may not own
any silent or undisclosed interest in any entity requesting an organization
license. An organization license may not be issued to any applicant who fails
to comply with this rule. The Commission may not consider an incomplete license
application.
7. In considering the
granting or denying of an organization's application for a license to conduct
horse racing with the non pari-mutuel system of wagering, the following
criteria, standards, and guides should be considered by the Commission:
A. public interest;
a. safety;
b. morals;
c. security;
d. municipal comments; and
e. state and local revenues;
B. track location;
a. traffic flow;
b. support services such as hotels or
restaurants;
c. labor
supply;
d. public services such as
police or fire; and
e. proximity to
competition;
C. number of
tracks running or making application;
a.
size;
b. type of racing;
and
c. days;
D. adequacy of track facilities;
E. experience in racing of applicant and
management;
a. length;
b. type; and
c. success or failure;
F. financial qualifications of applicant,
applicant's partners, officers, associates, and shareholders, including
contract services;
a. financial history;
(1) records; and
(2) net worth;
G. qualifications of applicant, applicant's
partners, officers, associates, and shareholders including contract services;
a. arrest record;
b. conviction record;
c. litigation record, civil or criminal;
and
d. law enforcement
intelligence;
H. official
attitude of local government involved;
I. anticipated effect upon breeding and horse
industry in Utah;
J. effect on
saturation of non pari-mutuel market;
K. anticipated effect upon state's economy;
a. general economy;
(1) tourism;
(2) employment; and
(3) support industries;
b. government revenue;
(1) direct or indirect tax; and
(2) direct or indirect income;
L. attitude of local
community involved;
M. the written
attitude of horse industry associations;
N. experience and credibility of consultants,
advisors, and professionals;
a. feasibility;
and
b. credibility and integrity of
feasibility study;
O.
financial and economic integrity of financial plan;
a. equity;
(1) source;
(2) amount;
(3) position; and
(4) type;
b. debt;
(1)
source;
(2) amount;
(3) terms; and
(4) repayment;
c. equity to debt ratio;
(1) integrity of financing plan;
i. identity of participants;
ii. role of participants;
iii. history of participants; and
iv. law enforcement intelligence;
and
P. apparent or non-apparent hope of financial
success.
8. List of
Shareholders. Each organization shall, if a corporation or partnership,
maintain a current list of shareholders and the number of shares held by each.
The list shall be available for inspection upon demand by the Commission or its
representatives. The organization shall immediately inform the Commission of
any change of corporate officers or directors, general or managing partners, or
of any change in shareholders. If the organization is a publicly-held entity,
it shall disclose the names and addresses of shareholders who own 3% of the
outstanding shares of the organization. The organization shall immediately
notify the Commission of any stock options, tender offers, and any anticipated
stock offerings. The Commission may refuse to issue a license to, or suspend
the license of, any organization that fails to disclose the real name of any
shareholders.
9. Denial of License.
The Commission may deny a license to conduct a horse racing meeting when in its
judgment it determines the proposed meeting is not in the public interest, or
fails to serve the purposes of Title 4, Chapter 38, the Utah Horse Regulation
Act, or fails to meet any requirements of state law or the Commission's rules.
The Commission shall refuse to issue a license to any applicant who fails to
provide the Commission with evidence of its ability to meet its estimated
financial obligations for the conduct of the meeting.
10. Duty of Licensed Organization. Each
organization shall observe and enforce the rules of the Commission. The license
is granted on the condition that the organization, its officials, its
employees, and its concessionaires shall obey the decisions and orders of the
Commission. The organization may not allow any wagering within the enclosure of
the racing facility that might be construed as being in violation of the laws
of Utah.
11. Conditions of A Race
Meeting. The organization may impose conditions for its race meeting as it may
consider necessary; except that conditions may not conflict with any
requirements of Utah State Law or the rules, and orders of the Commission. Such
conditions shall be published in the Condition Book or otherwise made available
to licensees participating in its race meeting. A copy of the conditions and
nomination race book shall be published no later than 45 days before the
commencement of the race meeting. A proof of such conditions and nomination
race book shall be filed with the Commission no later than 45 days before
printing. The conditions and nomination race book is subject to the approval of
the Commission. The organization may impose requirements, qualifications,
requisites, and track rules for its race meeting as it may consider necessary;
provided requirements, qualifications, and track rules do not conflict with
Utah State Law or the rules, and orders of the Commission. Such information
shall be published in the Condition Book, posted on the organization's bulletin
boards, or otherwise made available to licensees participating at its race
meeting. Any requirements, qualifications, requisites or track rules imposed by
the organization require earlier review and approval by the Commission, that
reserves the right of final decision in matters pertaining to the conditions of
a race meeting.
12. Right of
Commission to Information. The organization may be asked to furnish the
Commission, on forms approved by the Commission, a daily itemized report of the
receipts of attendance, parking, concessions, commissions, and any other
requested information. The organization shall also provide a corrected official
program, completed race results charts approved by the Commission, and any
other information the Commission may require. Such daily reports shall be filed
with the Commission within 72 hours of the race day.
13. Duty to Compile Official Program. The
organization shall compile an official program for each racing day that shall
contain the names of the horses that are to run in each race together with
their respective post positions, post time for first race, age, color, sex,
breeding, jockey, trainer, owners or stable name, racing colors, weight
carried, conditions of the race, the order in which each race shall be run, the
distance to be run, the value of each race, a list of Racing Officials and
track management personnel, and any other information the Commission may
require. The Commission may direct the organization to publish in the program
any other information and notices to the public as it deems
necessary.
14. Duty to Maintain
Racing Records. The organization shall maintain a complete record of races of
each authorized race meeting of the same type of racing being conducted by the
organization, and such records shall be maintained and retained for a period of
five years. This requirement may be met by race records of Triangle
Publications, the American Quarter Horse Association, the Appaloosa Horse Club,
the American Paint Horse Association, other breed registry associations' racing
records department, or other racing publications approved by the
Commission.
15. Horsemen's
Bookkeeper. The organization shall employ a Horsemen's Bookkeeper who shall
maintain records as the organization and Commission shall direct. The records
shall include the name, address, social security or federal identification
number, and the state or country of residence of each horse owner, trainer, or
jockey participating at the race meeting who has funds due or on deposit in the
horseman's account. The Horsemen's Bookkeeper shall keep the riding accounts of
the jockeys and shall disburse the received fees to the proper claimants. It
shall be the duty of the Horsemen's Bookkeeper to receive and disburse the
purses of each race and any stakes, entrance money, jockey fees, and other
monies that properly come into their possession, and make disbursements within
48 hours of receipt of notification from the testing laboratory that drug tests
have cleared unless an appeal or protest has been filed with the Stewards or
the Commission. The Horsemen's Bookkeeper may accept monies due belonging to
other organizations or recognized meetings, provided prompt return is made to
the organization to which the money is due. Upon written request, the
Horsemen's Bookkeeper shall, within 30 days after the meeting, disburse any
monies to the persons entitled to receive them. The Horsemen's Bookkeeper shall
maintain a file of required statements of partnerships, syndicates,
corporations, assignments of interest, lease agreements, and registrations of
authorized agents. Records and monies of the Horsemen's Bookkeeper shall be
kept separate and apart from any other of the organization and are subject to
inspection by the Commission at any time.
16. Accounting Practices and Responsibility.
The organization and its managing officers shall ensure that purse monies,
disbursements, and appropriate nomination race monies are available to make
timely distribution in accordance with the state law, the rules of the
Commission, the organization rules, and race conditions. Copies of nomination
payment race contracts, agreements, and conditions shall be submitted to the
Commission and related reporting requirements fulfilled as specified by the
Commission. Subject to approval of the Commission, the organization shall
maintain on a current basis a bookkeeping and accounting program under the
guidance of a Certified Public Accountant. The Commission may require periodic
audits to determine that the organization has funds available to meet those
distributions for the purposes required by state law, the rules of the
Commission, the conditions and nomination race program of the race meeting, and
the obligations incurred in the daily operation of the race meeting. Annually,
the organization shall file a copy of tax returns, a balance sheet, and a
profit and loss statement.
17.
Electronic Photo Finish Device. Each organization shall install and maintain in
good service an electronic photo finish device for photographing the finishes
of races and recording the time of each horse in hundredths of a second, when
applicable, to assist the placing judges and the Stewards in determining the
finishing positions and time of the horses. Before first use, the electronic
photo finish device must be approved by the Commission, and a calibration
report shall be filed with the Commission by January 1 of each year. A
photograph of each finish shall be promptly posted for public view in at least
one conspicuous place in the public enclosure.
18. Videotape Recording of Races. Each
organization shall install and operate a system to provide a videotape
recording of each race so that such recording clearly shows the position and
action of the horses and jockeys at close enough range to be easily
discernible. A video monitor shall be located in the Stewards' Tower to assist
in reviewing the running of the races. Before first use, the videotape
recording system and location and placement of its equipment shall be approved
by the Commission. Each race other than a race run solely on a straight course
may be recorded by use of at least two cameras to provide panoramic and head-on
views of the race. Races run solely on the straight course shall be recorded by
the use of at least one camera to provide a head-on view. Except with earlier
approval of the Commission, organizations shall maintain an auxiliary videotape
recording camera and player in case of breakdown or malfunction of a primary
videotape recording camera or player.
19. Identification of Photo Finish
Photographs and Videotape Recordings. Photo finish photographs and videotape
recordings required by this rule shall be identified by indicating thereon, the
date, number of the race, and the name of the racetrack at which the race is
held.
20. Altering Official
Photographs or Recordings. A person may not cut, mutilate, alter, or change any
photo finish photograph or videotape recording for deceit or fraud of any
type.
21. Preservation of Official
Photographs and Recordings. Organizations shall keep any photographic negatives
and videotape recordings of races for at least 180 days after the close of
their meeting. Upon request of the Commission, the organization shall furnish
the Commission with a clear, positive print of any photograph of any race, or a
kinescope print or copy of the videotape recording of any race.
22. Viewing Room Required. The organization
shall maintain a viewing room for screening the videotape recording of the
races for viewing by Racing Officials, jockeys, trainers, owners, and other
interested persons authorized by the Stewards.
23. Office Space for The Commission. The
organization shall provide within the enclosure adequate office space for use
by the Commission and its authorized representatives, and shall provide such
necessary office furniture and utilities as may be required for the conduct of
the Commission's business and the collection of the public revenues at the
organization's meetings.
24. Duty
to Receive Complaints. The organization shall maintain a place where written
complaints or claims of violations or objections of racetrack rules,
regulations, and conditions; Commission rules; or Utah State Laws may be filed.
A copy of any written complaint or claim filed with the organization shall be
filed by the organization with the Commission or Commission representatives
within 24 hours of receipt of the complaint or claim.
25. Bulletin Boards Required. The
organization shall erect and maintain a glass enclosed bulletin board close to
the Racing Secretary's Office in a place where access is granted to licensees,
upon which official notices of the Commission shall be posted. The organization
shall also erect and maintain a glass enclosed bulletin board in the grandstand
area where access is granted to race day patrons, upon which official notices
of the Commission shall be posted.
26. Communication Systems Required. The
organization shall install and maintain in good service a telephonic
communication system between the Stewards' stand, racing office, jockey room,
paddock, testing barn, starting gate, video camera locations, and other
designated places. The organization shall also install and maintain in good
service a public address communication system for announcing the racing
program, the running of the races, and any public service notices, as well as
maintaining communications with the barn area for paddock calls and the paging
of horsemen.
27. Ambulance Service.
Subject to the approval of the Commission, the organization shall provide the
services of an approved medical ambulance and its properly qualified attendants
during the running of the race program at its meeting and, except with earlier
permission of the Commission, during the hours the organization permits the use
of its race course for training purposes. The organization shall also provide
the service of a horse ambulance during the same hours. A means of
communication shall be provided by the organization between a staffed
observation point such as the Stewards' Tower and Clocker's Stand for the race
course and the place where the required ambulances and their attendants are
posted for prompt response in the event of accident to any person or horse. In
the event an emergency necessitates the departure of a required ambulance, the
race course shall be closed until an approved ambulance is again available
within the enclosure.
28. Safety of
Race Course and Premises. The organization shall take cognizance of any
complaint regarding the safety or uniformity of its race course or premises,
and shall maintain in safe condition the race course and rails and other
equipment required for the conduct of its races.
29. Starting Point Markers and Distance
Poles. Permanent markers shall be located at each starting point to be utilized
in the organization's racing program. The starting point markers and distance
poles shall be of a size and in a position where they can be seen clearly from
the Stewards' stand. The starting point markers and distance poles shall be
marked with the appropriate distance and colors as listed in Table 1:
|
TABLE 1 DISTANCE MARKERS |
|
|
1/16 poles |
Black and white horizontal stripes |
|
1/8 poles |
Green and white horizontal stripes |
|
1/4 poles |
Red and white horizontal stripes |
|
220 yards |
Green and white horizontal stripes |
|
250 yards |
Blue |
|
300 yards |
Yellow |
|
330 yards |
Black and white horizontal stripes |
|
350 yards |
Red |
|
400 yards |
Black |
|
440 yards |
Red and white horizontal stripes |
|
550 yards |
Black and white horizontal stripes |
|
660 yards |
Green and white horizontal stripes |
|
770 yards |
Black and white horizontal stripes |
|
870 yards |
Blue and white horizontal stripes |
30.
Grade and Distance Survey. A survey by a licensed surveyor of the race course,
including starting chutes, indicating the grade and measurement of distances to
be run shall be filed with the Commission before the first race
meeting.
31. Physical Requirements
for Non pari-Mutuel Racing Facility. In order for an organization to be granted
a license to conduct non pari-mutuel racing, the facility shall meet the
following physical requirements:
A. A
regulation track shall be a straightaway course of 440 yards in length. The
straightaway shall connect with an oval not less than one-half mile in
circumference; except that the width may vary according to the number of horses
started in a field, but a minimum of 20 feet shall be allowed for the first two
horses with an additional five feet for each added starter.
B. The inner and outer rails shall extend the
entire length of the straightaway and around the connecting oval; it shall be
at least 30 inches and not more than 42 inches in height. A racetrack not
approved by the Commission before January 1, 1993, shall otherwise have inner
and outer rails of at least 38 inches and not more than 42 inches in height. It
shall be constructed of metal not less than two inches in diameter, wood not
less than two inches in thickness and six inches in width, or other
construction material approved by the Commission. Whatever construction
material is used must provide for the safety of both horse and rider. It shall
be painted white and maintained at all times.
C. Stabling facilities should be adequate for
the number of horses to be on hand for the meet. In no case will a track with
less than 200 stalls be acceptable, without Utah Horse Commission
approval.
D. Stands for Stewards
and Timers shall be located exactly on the finish line and provide a commanding
and uninterrupted view of the entire racing strip.
E. The paddock shall be spacious enough to
provide adequate safety. The jockey's room shall be in or adjacent to the
paddock enclosure and shall be equipped with separate but equal complete
sanitation facilities including showers for both male and female riders. This
area shall be fenced to keep out unauthorized persons and provide maximum
security and safety. The fence shall be at least four feet high of chain link,
v-mesh or similar construction.
F.
A Test Barn with a minimum of two stalls shall be provided for purpose of
collecting urine specimens. The Test Barn and a walking ring large enough to
accommodate several horses cooling out at the same time shall be completely
enclosed by a fence at least eight feet high of chain link, v-mesh or similar
construction. There shall be only one entrance into the Test Barn enclosure
that shall remain locked or guarded. Provisions shall be made in this area for
an office to accommodate the needs of the Official Veterinarian and from which
they can observe the stalls and the entrance into the Test Barn enclosure. The
organization shall provide facilities for the immediate cooling and freezing of
urine specimens, and shall make provisions for the specimens to be shipped to
the laboratory packed in dry ice.
G. A grandstand or bleachers shall be
provided for the spectators and shall provide for the comfort and safety of the
spectators. Facilities shall include rest rooms and a public water
supply.
32. Organization
as the Insurer of the Race Meeting. Approval of a race meeting by the
Commission does not establish the Commission as the insurer or guarantor of the
safety or physical condition of the organization's facilities or purse of any
race. The organization does thereby agree to indemnify, save and hold harmless
the Utah Horse Commission from any liability arising from unsafe conditions of
track facilities or grandstand and default in payment of purses. The
organization shall provide the Commission with a certificate of adequate
liability insurance.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.