811 KAR 1:005. Definitions.

811 KAR 1:005. Definitions.

RELATES TO: KRS 230.210, 230.215, 230.260(1)

STATUTORY AUTHORITY: KRS 230.215(2), 230.260(3)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) and 230.260(3) authorize the Authority to promulgate administrative regulations prescribing the conditions under which horse racing shall be conducted in Kentucky. This administrative regulation defines the terms used in 811 KAR Chapter 1.

Section 1. Definitions. (1) "Added money" means the amount of money, exclusive of trophy, added into a stakes by an association, a sponsor, a state-bred program, or other fund, and which is in addition to those monies gathered by nomination, entry, sustaining and other fees paid by the horsemen.

(2) "Age" means the number of years since a horse was foaled, reckoned as if the horse was foaled in January 1 of the year in which the horse was foaled.

(3) "Also eligible" means:

(a) An eligible horse, properly entered, which is not drawn for inclusion in a race, but which becomes eligible according to preference or lot if another horse is scratched prior to the scratch time deadline; or

(b) The next preferred nonqualifier for the finals, or consolation from a set of elimination trials, which becomes eligible in the event a finalist is scratched by the judges for a rule violation or is otherwise eligible if written race conditions permit.

(4) "Appeal" means a request for the Authority to investigate, consider, and review any decision or ruling of a judge or official of a meeting to deal with placings, penalties, interpretations of the rules, or other questions dealing with the conduct of a race.

(5) "ARCI" means the Association of Racing Commissioners International.

(6) "Arrears" means all sums due by a licensee as reflected by his or her account with the horseman's bookkeeper, including subscriptions, driver fees, forfeitures, and any default incident to 811 KAR Chapter 1.

(7) "Association" is defined by KRS 230.210(1).

(8) "Authority" is defined by KRS 230.210(2).

(9) "Bleeder" means a horse known to have bled internally or from its nostrils during a workout or race.

(10) "Bleeder list" means a tabulation of all bleeders to be maintained by the Authority.

(11) "Breakage" means the net pool minus payout.

(12) "Breeder" means the owner of the dam of a horse at the time the horse was conceived.

(13) "Carryover" means nondistributed pool monies which are retained and added to a corresponding pool in accordance with 811 KAR Chapter 1.

(14) "Claiming race" means a race in which ownership of a horse participating in the race may be transferred in conformity with 811 KAR 1:035.

(15) "Classified race" means a race in which entries are selected by the racing secretary on the basis of ability or past performance.

(16) "Coggins test" means a medical procedure used to determine if a horse is positive for Equine Infectious Anemia.

(17) "Conditioned race" means an overnight race in which eligibility is determined according to specified conditions, which may include the following:

(a) Age;

(b) Sex;

(d) Number of starts; or

(e) Positions of finishes.

(18) "Conditions" means qualifications that determine a horse's eligibility to be entered in a race.

(19) "Coupled entry" means two (2) or more horses in a race that are treated as a single betting interest for pari-mutuel wagering purposes (also see "entry").

(20) "Dash", and in which means a race in a single trial or in a series of two (2) or three (3) races governed by one (1) entry fee for the series, in which a horse shall start in all dashes with positions drawn for each dash and the number of purse distributions or payouts awarded shall not exceed the number of starters in the dash.

(21) "Day" means a twenty-four (24) hour period beginning at 12:01 a.m. and ending at midnight (also known as a calendar day).

(22) "Dead heat" means a finish of a race in which the noses of two or more horses reach the finish line at the same time.

(23) "Declaration" means the naming of a particular horse as a starter in a particular race.

(24) "Disqualification" means that a:

(a) Person shall not be allowed to start or drive a horse in a race; or

(b) Horse shall not be allowed to start in a race.

(25) "Draw" means the process of assigning post positions and the process of selecting horses in a manner to ensure compliance with the requirements governing racing.

(26) "Driver" means a person who is licensed to drive a horse in a race.

(27) "Early closing race" means a race for a definite amount of money in which entries close at least six (6) weeks prior to the race.

(28) "Electronic ability" means a computer-generated eligibility certificate that records a horse's racing statistics.

(29) "Elimination heat" means an individual heat of a race in which the contestants shall qualify for a final heat.

(30) "Entry" means the act of nominating a horse for a race.

(31) "Exhibition race" means a race on which no pari-mutuel wagering is permitted.

(32) "Extended pari-mutuel meeting" means a meeting or series of meeting, at which no agriculture fair is in progress, with an annual total of more than six (6) days duration and in which pari-mutuel wagering is permitted.

(33) "Field" or "mutuel field" means a single betting interest involving more than one (1) horse formed when the number of horses in a race exceeds the numbering capacity of the totalizer, and the highest numbered horse within the numbering capacity of the totalizer and horses of a higher number are grouped in the mutuel field.

(34) "Forfeit" means money due from a licensee because of error, fault, neglect of duty, breach of contract, or a penalty imposed by the judges or the Authority.

(35) "Handicap" means a race in which allowances are made according to a horse's:

(a) Age;

(b) Sex;

(d) Performance.

(36) "Handle" means the aggregate of all pari-mutuel pools, excluding refundable wagers.

(37) "Horse" means any equine (including and designated as a mare, filly, stallion, colt, ridgeling, or gelding) registered for racing.

(38) "In harness" means that that the performance shall be to a sulky.

(39) "Inquiry" means an investigation by the judges of a contest prior to declaring the result of the contest official.

(40) Judges means duly appointed racing officials, with powers and duties specified in 811 KAR 1:015, serving at a current meeting in this Commonwealth.

(41) "Late closing race" means a race for a fixed amount of money in which entries close less that six (6) weeks but not more than three (3) days before the race is to be contested.

(42) "Licensee" means an individual, firm, association, partnership, corporation, trustee, or legal representative, licensed to conduct or participate in harness racing under the provisions of the Kentucky Revised Statutes.

(43) "Maiden" means a horse that has never won a heat or race at the gait at which it was entered, and for which a purse is offered.

(44) "Maiden race" means a race restricted to maidens.

(45) "Match race" means a race between two (2) or more horses under conditions agreed upon between the contestants.

(46) "Matinee race" means a race in which no entrance fee is charged and in which the payouts, if any, are not money.

(47) "Minus pool" means the amount of money to be distributed on winning wagers exceeds the amount of money comprising the net pool.

(48) "Month" means a calendar month.

(49) "Net pool" means the amount of gross ticket sales less refundable wagers and statutory commissions and taxes.

(50) "Nomination" means the naming of a horse to a certain race or series of races, generally accompanied by payment of a prescribed fee.

(51) "Objection" means a verbal claim of foul in a race lodged by the horses driver, trainer, or owner before the race is declared official.

(52) "Official order of finish" means the order of finish of the horses in a contest as declared official by the judges.

(53) "Official time" means the elapsed time from the moment the first horse crosses the timing beam until the first horse crosses the finish line.

(54) "Optional claiming race" means a contest restricted to horses entered to be claimed for a stated claiming price, and to horses which have started previously for that claiming price or less.

(55) "Overnight race" means a contest for which entries close at a time set by the Authority.

(56) "Pari-mutuel wagering" means a systems of wagering in which those persons who wager on horses that finish in specified positions share the total amount wagered, minus deductions permitted by law.

(57) "Payoff" or "payout" means the amount of money payable to winning wagers.

(58) "Post position" means the preassigned position from which a horse will leave the starting gate.

(59) "Post time" means the scheduled starting time for a race.

(60) "Protest" means a written objection charging that a horse is ineligible to race, alleging improper entry procedures, or citing any act of an owner, trainer, driver, or official prohibited by rules, which, if true, shall exclude that horse or driver from racing.

(61) "Purse" means the total cash awarded as a prize in a race.

(62) "Scratch" means the act of withdrawing an entered horse from a race after the closing of entries.

(63) "Scratch time" means the deadline set for withdrawal of entries from a scheduled race.

(64) "Simulcasting' is defined by KRS 230.210(11).

(65) "Single price pool" means an equal distribution of profit to winning betting interests or winning betting combinations through a single payout price.

(66) "Stable name" means a name used other than the actual legal name of an owner or lessee and registered with the United States Trotting Association.

(67) "Stake" means a race which will be contested in a year subsequent to its closing in which the money given by the association conducting the race is added to the money contributed by the nominators, all of which except deductions for breeders or nominator's awards belongs to winner or winners, and in which, except as provided in 811 KAR 1:040, Section 6, all of the money contributed by the nominators belongs to the winner or winners.

(68) "Starter" means a horse which becomes an actual contestant in a race by virtue of the starting gate opening in front of it upon dispatch by the official starter.

(69) "Sulky" means a dual-wheel racing vehicle with dual shafts not exceeding the height of the horse's withers.

(70) "Takeout" means the total amount of money, excluding breakage, withheld from each pari-mutuel pool, as authorized by KRS Chapter 230 or 811 KAR Chapter 1

(71) "Totalizator" means the system used for recording, calculating, and disseminating information about ticket sales, wagers odds, and payoff prices to patrons at a pari-mutuel wagering facility.

(72) "Touting" means the act of soliciting anything of value in exchange for information regarding the outcome of a horse race on which wagers are made at a wagering facility under the jurisdiction of the Authority.

(73) "USTA" means the United States Trotting Association.

(74) "Walkover" means a race in which only one (1) horse starts or in which all the starters are owned by the same interest. (KTC 1-8 (Rule 4); 1 Ky.R. 1097; eff. 6-11-75; Am. 4 Ky.R. 328; eff. 5-3-78; 27 Ky.R. 2579; 3086; eff. 5-14-2001; 33 Ky.R. 908; 1345; 1802; eff. 2-2-07.)