811 KAR 1:220. Harness racing at county fairs.

 

      RELATES TO: KRS 230.215, 230.260, 230.280, 230.290, 230.310, 230.398

      STATUTORY AUTHORITY: KRS 230.215, 230.260, 230.398

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) and 230.260(8) authorize the commission to promulgate administrative regulations prescribing the conditions under which horse racing shall be conducted in Kentucky. KRS 230.398 authorizes the commission to promulgate administrative regulations as may be necessary for the conduct of county fair races. This administrative regulation establishes conditions, races, purses, and payments in races conducted at county fairs in which funds for purses are provided by the commission, and regulates eligibility for participation in harness racing at county fairs.

 

      Section 1. Definitions. (1) "Individual" means a natural person, at least eighteen (18) years of age, but does not include any corporation, partnership, limited liability company, trust, estate, association, joint venture, or any other group or combination acting as a unit.

      (2) "Individual or Person domiciled in Kentucky" means:

      (a) An individual who has his permanent residence in Kentucky; and

      (b) A person organized under the laws of Kentucky or registered to do business in Kentucky with the Kentucky Secretary State.

      (3) "Person" means any corporation, whether organized for profit or not, partnership, limited liability company, trust, estate, association, joint venture, or any other group or combination acting as a unit.

 

      Section 2. (1) The commission shall determine all questions of domicile.

      (2) In determining questions of domicile, the commission shall weigh:

      (a) The eligibility factors set forth in Section 3 of this administrative regulation; and

      (b) Factors which indicate domicile and intent, including:

      1. The amount of time the individual spends in Kentucky each year as compared to the amount of time spent elsewhere;

      2. Whether the individual or person owns real estate in Kentucky;

      3. Whether the individual is registered to vote in Kentucky;

      4. Whether the person is organized under Kentucky law;

      5. The permanent residence of the individual or principal place of business of the person, as indicated by the records of the commission and the United States Trotting Association; and

      6. Whether the individual has a Kentucky automobile driver’s license.

 

      Section 3. Eligibility. A horse is eligible to participate in a stake race at a county fair if:

      (1) The horse is:

      (a) A two (2) or three (3) year old that is sired by a stallion that was registered with the Kentucky Standardbred Development Fund and Kentucky Standardbred Breeders’ Incentive Fund as provided in 811 KAR 1:215 at the time of conception;

      (b) A two (2) or three (3) year old whose dam was partially or wholly owned by an individual or person domiciled in Kentucky at the time of conception; or

      (c) A two (2) or three (3) year old that is owned by an individual or person domiciled in Kentucky;

      (2) An owner of the participating horse is a current member of the Kentucky Colt Racing Association, Inc.;

      (3) An owner of the participating horse holds a current license with the commission; and

      (4) The trainer and driver of the participating horse hold a current license with the commission.

 

      Section 4. (1) A fair shall have a safe and adequate track, and the entire track, including start and finish lines, shall be visible to judges and spectators.

      (2) The track shall be inspected and approved by a representative of the commission.

 

      Section 5. A track shall have a hub rail or pylons approved by the commission.

 

      Section 6. (1) A fair shall have safe and adequate stalls for participating horses.

      (2) If permanent stalls are not available, either on or off the fairgrounds, tents or other tie-in type stalls may be used.

      (3)(a) Except as provided by paragraph (b) of this subsection, a county fair shall not charge stall rent for horses racing at the fair.

      (b) A county fair may charge stall rent if the fair is held on state-owned property.

 

      Section 7. (1) The Kentucky Colt Racing Association county fair fee shall be as follows:

      (a) A nomination fee of fifty (50) dollars per horse due before February 15 of the year in which the fair is being conducted;

      (b) A sustaining fee of $200 per horse due before April 15;

      (c) A starting fee of fifty (50) dollars per horse, per fair, due at the time of entry to the fair; and

      (d) A twenty-five (25) dollar fee per horse for starting in an overnight race, due at the time of entry to the fair.

      (2) A $200 payment shall be due at the time of entry for a horse eligible for the fair finals.

 

      Section 8. Officials at County Fairs. (1) The Kentucky Colt Racing Association shall submit to the commission, at least sixty (60) days prior to the opening of a race meeting, a written list of racing officials and applicable employees.

      (2) At a county fair, there shall be at least one (1) presiding judge approved by the commission in the judges' stand. In addition, at a meeting in which races are charted, the association member shall provide both a licensed charter and licensed clerk of the course.

      (3) A fair shall use licensed United States Trotting Association judges to preside over the racing.

      (4) The judges shall review the ownership of any horse that is entered in order to ensure the horse’s eligibility to race.

      (5) The judges may determine the validity for racing purposes of any lease, transfer, or agreement pertaining to ownership of a horse and may call for adequate evidence of ownership at any time.

      (6) The judges may declare a horse ineligible to race if the ownership or control of the horse is in question.

 

      Section 9. A fair shall use a licensed starter with adequate equipment.

 

      Section 10. (1) The entry fees established in Section 7 of this administrative regulation shall be collected by a fair and used:

      (a) To pay racing officials;

      (b) To provide purses for overnight racing events; and

      (c) To promote fair racing as otherwise needed.

      (2) A fair shall, upon request, make a full accounting of the entry fees to the commission.

 

      Section 11. A fair shall apply to the commission for a license to conduct a harness racing event and for approval of funds by December 15 of the year prior to the year of the event. At the time of application, the request for pari-mutuel wagering shall be included.

 

      Section 12. A fair shall have the right to change the order of its program and to postpone or cancel an event due to bad weather or unavoidable cause. If a race is canceled because of lack of entries, entry fees shall be refunded.

 

      Section 13. An early closing event, and all divisions of that event, shall race a single heat at a distance of one (1) mile and shall be contested for a purse approved by the commission annually.

 

      Section 14. There shall not be more than nine (9) starters in any race. If a race is divided into divisions, the purse shall be divided so that each division races for an equal portion of the purse. The purses shall be divided as follows:

      (1) Five (5) starters - fifty (50) percent, twenty-five (25) percent, twelve (12) percent, eight (8) percent, and five (5) percent;

      (2) Four (4) starters - fifty (50) percent, twenty-five (25) percent, fifteen (15) percent, and ten (10) percent;

      (3) Three (3) starters - fifty-five (55) percent, thirty (30) percent, and fifteen (15) percent;

      (4) Two (2) starters - sixty-five (65) percent and thirty-five (35) percent; and

      (5) One (1) starter - 100 percent.

 

      Section 15. (1) Points shall be awarded in an early closing race, and any division of an early closing race, as follows:

      (a) First place finisher - fifty (50) points;

      (b) Second place finisher - twenty-five (25) points;

      (c) Third place finisher - twelve (12) points;

      (d) Fourth place finisher - eight (8) points;

      (e) Fifth place finisher - five (5) points; and

      (f) Each starter that finishes out of the money - one (1) point.

      (2) If two (2) horses dead-heat for any position, they shall each receive one-half (1/2) of the points awarded for that position and one-half (1/2) of the points awarded for the next lower position. The same procedure shall be used for the allocation of points if there is a dead-heat of three (3) or more horses.

      (3) A horse that is declared in and then is the subject of a judge’s scratch shall be awarded one (1) point based upon the decision of the presiding judge. This decision shall be final.

      (4) A horse that starts in a Kentucky Sires Stake race within three (3) days of a scheduled county fair race of the same class shall be awarded a county fair start and one (1) point.

      (5) If there is a tie among two (2) or more horses with the same number of points, the tie shall be resolved in favor of the horse with the higher earnings in the early closing fair events in which the horses have competed.

 

      Section 16. A horse shall not be allowed to compete in more than one (1) race at any fair.

 

      Section 17. In order for a horse, for whom the nomination fee has been paid, to remain eligible to race at a county fair after there has been a transfer of ownership, the following payments shall be required:

      (1) $300 the first time ownership is transferred from the owner at the time of nomination; and

      (2) An additional $600 thereafter if the same horse is transferred.

 

      Section 18. (1) The winning horse at a fair race and any other horse or horses as selected by the judges may be subjected to a drug test as set forth in 811 KAR 1:090 and 811 KAR 1:260.

      (2) A fair shall provide two (2) enclosed stalls and bedding to be used by the commission veterinarian for drug testing.

      (3) The stalls required by subsection (2) of this section shall be located as close to the race track as possible.

      (4) The stalls shall be positioned so as to allow the track announcer to be heard.

 

      Section 19. A current negative Coggins test shall be required for each horse racing at a fair.

 

      Section 20. A driver shall wear full colors, white pants, a safety vest that meets the standards set forth in 811 KAR 1:075, Section 21, and a safety helmet that meets the standards set forth in 811 KAR 1:075, Section 20, if on the track less than one (1) hour before the start of a fair racing program.

 

      Section 21. A fair shall provide a trophy or blanket to the winner of a race. If a race is contested in heats or divisions, the trophy shall be presented to the winner of the fastest heat or division.

 

      Section 22. An early closing race shall be contested regardless of the number of entries. However, a fair may cancel an overnight race with less than five (5) entries.

 

      Section 23. The deadline for entries at a fair shall be set by the Kentucky Colt Racing Association at its annual October meeting preceding the racing year.

 

      Section 24. A county fair track holding races for purses shall provide a printed program available to the public containing the following information for:

      (1) Non pari-mutuel tracks:

      (a) Horse’s name and sex;

      (b) Color and age of horse;

      (c) Sire and dam of horse;

      (d) Owner’s name and colors;

      (e) Driver’s name;

      (f) Trainer’s name; and

      (g) Summary of starts in purse races, earnings, and the best win time for the current and preceding year. A horse’s best win time may be earned in either a purse or nonpurse race; and

      (2) Pari-mutuel tracks:

      (a) Horse’s name and sex;

      (b) Color and age of horse;

      (c) Sire and dam of horse;

      (d) Owner’s name;

      (e) Driver’s name and colors;

      (f) Trainer’s name;

      (g) Summary of starts in purse races, earnings, and best win time for the current and preceding year. A horse’s best win time may be earned in either a purse or nonpurse race;

      (h) At least the last six (6) performance and accurate chart lines. An accurate chart line shall include:

      1. Date of race;

      2. Location of race;

      3. Size of track if other than a one-half (1/2) mile track;

      4. Symbol for free-legged pacers;

      5. Track condition;

      6. Type of race;

      7. Distance;

      8. The fractional times of the leading horse including race times;

      9. Post position;

      10. Position of the one-quarter (1/4) marker, the one-half (1/2) marker, and the three-quarters (3/4) marker;

      11. Stretch with lengths behind leader;

      12. Finish with lengths behind leader;

      13. Individual time of the horse;

      14. Closing dollar odds;

      15. Name of the driver;

      16. Names of the horses that placed first, second, and third by the judges; and

      17. Standard symbols for breaks and park-outs, if applicable;

      (i) Indicate drivers racing with a provisional license; and

      (j) Indicate pacers that are racing without hobbles.

 

      Section 25. Payments. Nomination and sustaining payments shall be made to the Kentucky Colt Racing Association. Entry fees shall be paid to the fair for which the entry is taken.

 

      Section 26. A person or association that violates a provision of this administrative regulation shall have committed a Category 1 violation and shall be subject to the penalties set forth in 811 KAR 1:095. (12 Ky.R. 1569; eff. 4-17-86; Am. 27 Ky.R. 2593; 3099; eff. 5-14-2001; 33 Ky.R. 988; 1817; eff. 2-2-07; 37 Ky.R. 1089; Am. 1654; eff. 2-4-2011; 40 Ky.R. 711; 1073; eff. 12-6-2013.)