††††† 810 KAR 1:120. Exotic wagering.

 

††††† RELATES TO: KRS 230.210-230.375, 230.990

††††† STATUTORY AUTHORITY: KRS 230.215, 230.240, 230.260, 230.280, 230.290, 230.300, 230.310, 230.320, 230.361, 230.370

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) grants the commission the authority to regulate conditions under which thoroughbred racing and pari-mutuel wagering thereon shall be conducted in Kentucky. KRS 230.361(1) requires the commission to promulgate administrative regulations governing and regulating mutuel wagering on horse races under the pari-mutuel system of wagering. This administrative regulation establishes the procedures and regulations governing exotic wagering under KRS Chapter 230 and 810 KAR Chapter 1.

 

††††† Section 1. All Pari-mutuel Wagers on an Historical Horse Race Are Exotic Wagers. All pari-mutuel wagers other than win, place, or show wagers on a live horse race are exotic wagers.

 

††††† Section 2. Exotic Wagers to Be Approved by Commission. (1) An association shall not offer an exotic wager on any live or historical horse race without the prior written approval of the commission.

††††† (2) An association making a request to offer an exotic wager on a live or historical horse race may make an oral presentation to the commission regarding the wager prior to the commission deciding on the request.

††††† (a) The presentation shall be made by the association during a meeting of the commission.

††††† (b) The presentation shall be limited to the information contained in the written request and any supplemental information relevant to the commissionís determination of the suitability of the wager.

††††† (c) The commission may require an association to clarify or otherwise respond to questions concerning the written request as a condition to approval of the exotic wager.

††††† (3) The commission may request additional information from an association regarding the exotic wager if the additional information would assist the commission in deciding whether to approve it.

††††† (4) In reviewing a written request for an exotic wager, the commission may consider any information, data, reports, findings, or other factors available which it considers important or relevant to its determination of whether the wager should be approved.

††††† (5) The commission or its designee shall review and test the exotic wager and shall give its approval if it is satisfied that:

††††† (a) The wager does not adversely affect the safety or integrity of horse racing or pari-mutuel wagering in the Commonwealth; and

††††† (b) The wager complies with KRS Chapter 230 and 810 KAR Chapter 1.

††††† (6) The commission shall notify the association if it determines that the criteria set forth in subsection (5) of this section are no longer being met and it intends to withdraw approval of a particular exotic wager.

††††† (7) An association shall not implement any change or modification to the practices, procedures, or representations upon which the approval of the exotic wager was based without the prior written approval of the commission.

 

††††† Section 3. Exotic Wagers on a Live Horse Race. (1) Except as set forth in subsection (2) of this section, an association shall submit a written request to the commission for permission to offer any exotic wager on a live horse race, which shall include a detailed description of the rules that apply to the wager and the method of calculating payouts.

††††† (2) If the rules have not been modified since the wager was approved by the commission, an association shall not be required to seek the commissionís approval to offer the following previously approved exotic wagers on live horse races: Exacta, Perfecta, Quinella, Trifecta, Superfecta, Double Perfecta, Big Q, Twin Trifecta, Daily Double, Super High 5, Pick-3, Pick-4, and Pick-6.

 

††††† Section 4. Exotic Wagers on an Historical Horse Race. (1) An association shall submit a written request to the commission for permission to offer any exotic wager on an historical horse race, which shall include:

††††† (a) The types, number, and denominations of pari-mutuel wagers to be offered;

††††† (b) A detailed description of the rules that apply to the pari-mutuel wager and the method of calculating payouts, including how money will be allocated to the seed pool;

††††† (c) The days and hours of operation during which wagering on historical horse races will be offered;

††††† (d) A detailed description of the proposed designated area and the terminal or terminals on which the pari-mutuel wagers will be made, including an architectís rendering of the proposed designated area which describes the size, construction, layout, capacity, number of terminals, and location of surveillance and other security equipment, and at least one (1) photograph of the designated area when construction is completed;

††††† (e) The practices and procedures that will ensure the security, safety, and comfort of patrons in the designated area;

††††† (f) The manufacturer, make, and model of the terminal, including a copy of all literature supplied by the manufacturer of the terminal;

††††† (g) The maintenance and repair procedures that will ensure the integrity of the terminals;

††††† (h) A complete list of individuals who are authorized to examine and repair the terminals for any reason; and

††††† (i) A memorandum outlining the terms of the agreement between the association and either the Kentucky Horsemenís Benevolent and Protective Association or the Kentucky Thoroughbred Association/Kentucky Thoroughbred Owners and Breeders referenced in Section 6(2) of this administrative regulation.

††††† (2)(a) Except as set forth in paragraph (b) of this subsection, each association that is approved by the commission to offer exotic wagering on an historical horse race shall request, in any application submitted for a license, to conduct live horse racing pursuant to KRS 230.300 and 810 KAR 1:037:

††††† 1. No less than 100 percent of the number of racing days initially requested by the association in its application to conduct thoroughbred racing for the 2010 racing year; and

††††† 2. No less than 100 percent of the number of races initially requested by the association in its application to conduct thoroughbred racing for the 2010 racing year.

††††† (b) An association may apply for less than 100 percent of the number of racing days initially applied for by the association in its application to conduct thoroughbred racing for 2010, or the number of races initially applied for by the association in its application to conduct thoroughbred racing for 2010, if written approval is obtained from the commission, and either the Kentucky Horsemen's Benevolent and Protective Association or the Kentucky Thoroughbred Association/Kentucky Thoroughbred Owners and Breeders, as appropriate.

 

††††† Section 5. Terminals Used for Wagering on an Historical Horse Race. (1) Wagering on historical horse races shall be conducted only on terminals approved by the commission as set forth in Sections 2(5) and 5(2) of this administrative regulation. The commission shall not require any particular make of terminal.

††††† (2)(a) The commission shall require testing of each terminal used for wagering on historical horse races by an independent testing laboratory to ensure its integrity and proper working order.

††††† (b) The independent testing laboratory shall be chosen by the commission and the expense of the testing shall be paid by the association offering the wagering on historical horse races.

††††† (3) Each terminal for wagering on an historical horse race shall display odds or pool amounts that the patron will receive for a winning wager on each pari-mutuel wagering pool.

 

††††† Section 6. Takeout. (1) Each association conducting exotic wagering on historical horse races shall deduct a takeout, which shall not exceed the percentages set forth in KRS 230.3615.

††††† (2)(a) Each association shall enter into an agreement with either the Kentucky Horsemen's Benevolent and Protective Association or the Kentucky Thoroughbred Association/Kentucky Thoroughbred Owners and Breeders, as appropriate, establishing the allocation of the takeout on all exotic wagers on historical horse races offered by the association. The agreement shall apply to all exotic wagers on historical horse races offered, or to be offered, by the association during the term of the agreement.

††††† (b) The agreement shall include provisions allocating a percentage of the takeout to purses on live races run by the association.

††††† (c) Each association shall provide a memorandum outlining the terms of the agreement to the commission.

 

††††† Section 7. Severability. In the event that 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. (37 Ky.R. 895; 2859; eff. 7-1-11.)