N.J. Admin. Code § 13:70-2.1

Current through Register Vol. 56, No. 9, May 6, 2024
Section 13:70-2.1 - Definitions

The following words and terms, when used in this chapter, and when used in N.J.A.C. 13:71 unless defined in N.J.A.C. 13:71-4.1(b), shall have the following meanings unless the context clearly indicates otherwise:

"Added money" means the money which in a stake race an association adds to the purse, the nominating and starting fees.

"Advance wagers" means any wager placed at least one race in advance of the current race.

"Age" of a horse means the time reckoned as beginning on the first of January in the year after the horse is foaled.

"Apprentice" means a jockey apprentice.

"Arrears" includes all money due for entrance forfeits, fees (including jockey fees), fines, subscriptions, purchase money in a claiming race and also any default in money incident to the rules.

"Assistant trainer" means a person who assumes the duties and responsibilities of a trainer while assisting the trainer or acting on behalf of the trainer in the training of the horses under his charge.

"Association" means a person or persons, partnerships or corporate body licensed by the commission to conduct a meeting where horse racing shall be permitted for any stake, purse or reward.

"Authorized agent" means a person appointed by a written instrument signed by the owner and filed in accordance with the rules.

"Breeder" of a horse means the owner of its dam at the time of foaling.

"Breeding place" means the place of a horse's birth.

"Breeze" means a horse running for any distance in a timed workout while under the control or direction of an exercise rider, jockey, or other person.

"Calendar day" means 24 hours ending at midnight.

"Clocker" means a person charged with the responsibility of timing horses at a morning workout.

"Corrupt" or "fraudulent practice" means any attempt to enrich oneself or associates, or gain any advantage, through unfair, unlawful or dishonest behavior in connection with the racing of horses.

"Declaration" means the act of withdrawing an entered horse from a race before the closing of overnight entries.

"Delay period" means the set period of time between the sounding of the bell to signal the end of wagering in each race and the time mutuel machines will not accept cancellations and are completely deactivated for the current race. This delay period can be adjusted at the discretion of the Commission from zero to 20 seconds and is available only for the protection of the mutuel clerks by permitting them to cancel wagers that patrons place and refuse to accept immediately before the beginning of the delay period.

"Disciplinary action" means revocation of a license, suspension, ruling off, fine or reprimand or any combination thereof.

"Driver" means a person who drives horses in any race at a track, matinee fair or other non-extended pari-mutuel meeting.

"Driver-trainer" means a person who is licensed as a trainer of horses who also drives horses in any race at a track, matinee fair or other non-extended pari-mutuel meeting.

"Drug" means:

1. Articles recognized in the official U.S. Pharmacopeia, official Homeopathic Pharmacopeia of the United States, or official National Formulary, or any supplement to any of them; and

2. Articles intended for use in the diagnosis, cure mitigation, treatment, or prevention of disease in man or other animals; and

3. Articles (other than food) intended to affect the structure or any function of the body or other animals; and

4. Articles intended for use as a component of any article specified in paragraphs 1, 2, or 3 but does not include devices or their components, parts or accessories.

"Early bird wagering" means wagering that occurs on races in advance of the normal time racetracks open mutuel machines for their live racing program.

"Entry" means:

1. According to the requirement of the text, a horse made eligible to run in a race; or

2. Two or more horses which are entered or run in a race and are coupled because of common ties.

"Equipment", as applied to a horse, means whips, blinkers, tongue straps, muzzles, hoods, nosebands, bits, shadow rolls, martingales, breast plates, bandages, boots, plates and so forth.

"Exercise personnel" means any person who is conducting a jogging or a work-out of a horse for the purposes of conditioning during training hours.

"Field" (or mutuel field) means the individual horses competing in a race exceed the numbering capacity of the tote; the highest numbered horse within the capacity of the tote and all horses of a higher number shall be grouped together for wagering purposes and called the "field" and a bet on one is a bet on all.

"Forensic analysis" means when samples are analyzed by scientifically qualified personnel within the Forensic Science Bureau of the Division of State Police.

"Forfeit" means money due because of an error, fault, neglect of duty, breach of contract or a penalty.

"Foul or careless riding" means any and all acts of a jockey committed in the running of a race designed to gain unfair or unsportsmanlike advantage, to the end of improving his own chance or position in a race or of lessening the chance or position of another in the race.

"Gross pool pricing" means the historic method of calculating pari-mutuel prices using the take-out and breakage rules of the host track's jurisdiction. Pari-mutuel prices calculated using the gross pool pricing method are the same for all jurisdictions in the pari-mutuel pool.

"Horse" means filly, mare, colt, horse and gelding.

"Jockey" means a race rider, whether jockey or apprentice.

"Law" or "Laws" means chapter 17 of the General Laws of New Jersey, 1940, 5:5-22 et seq. (being the general laws pertaining to horse racing), as further amended and supplemented.

"Licensee" means any association receiving a license from the commission to conduct horse racing; and, in context, any person licensed by the commission to participate in horse racing in any capacity.

"Locked in the gate" means that a horse is prevented from leaving the post at off-time because of the failure of the front door of the gate to open simultaneously with the other doors, thus preventing said horse from starting when the other horses officially start.

"Maiden" means a horse which at the time of starting has never won a race on the flat in any country.

"Maiden jumper" means a horse which has never won a race over hurdles or fences in any country. A maiden which has been disqualified after finishing first is still a maiden.

"Month" means a calendar month.

"Net pool pricing" means the method of calculating pari-mutuel prices established in 1995 that allow each jurisdiction to use their take-out and breakage rates to calculate a pari-mutuel price without jurisdictions altering their take-out rate and breakage rate to accommodate another racing jurisdiction's take-out and breakage rates. Pari-mutuel prices calculated using the net pool pricing method may differ slightly for each jurisdiction in the pari-mutuel pool.

"Nominator" means the person in whose name a horse is entered for a race.

"Off-time" means the moment at which, on signal of the starter, the horses break and start to run.

"Owner" means sole owner, part owner or lessee of a horse. An interest only in the winnings of a horse does not constitute part ownership.

"Place" in racing means first, second, third, fourth or fifth and in that order called "Win", "Place", "Show", "Fourth" and "Fifth".

"Positive analysis" means when the analyst has accumulated sufficient scientific data to specifically identify the suspected drug(s) or foreign substance(s) present in the biological test sample.

"Post-mortem necropsy" means a thorough examination of a horse's remains by a licensed veterinary practitioner to determine the cause of death and other information about the condition of a deceased horse.

"Post position" means the position assigned to the horse at the starting line of the race.

"Post time" means the time set for the arrival at the starting point of the horses in a race and must be prominently displayed at a reasonable time prior to the race.

"Race" means a contest for purse, stakes, premium or wager. It includes among others all races defined in the following paragraphs:

1. "Claiming race" means a race in which any horse entered therein may be claimed in conformity to the rules.

2. "Free" or "overnight handicap" means a handicap in which no liability for entrances money is incurred.

3. "Guaranteed race" means a race for which an association guarantees by its conditions a specified purse which shall be the limit of its liability. However, if in any such case there should be any surplus from entries and subscriptions over the sum guaranteed, it shall also be paid to the winner, unless by the conditions it is to be paid to other horses in the race.

4. "Handicap" means a race in which the weights to be carried by the entered horses are adjusted by the racing secretary for the purpose of equalizing their respective chances of winning.

5. "Highweight handicap" means a handicap in which the weight assigned to the top horse in the handicap is not less than 140 pounds.

6. "Match" means a private sweepstakes between two horses which are the property of two different owners; if either of the horses entered in the match dies, or if either owner dies the match is void. It remains a match even if money or another award is added to the stakes.

7. "Optional claiming race" means a race restricted to horses entered to be claimed for a stated price and those entered not to be claimed by the option designated in the conditions of the race. In case of horses which are entered to be claimed, the race shall be considered a claiming race for the purpose of determining future penalties and allowances, and for horses entered not to be claimed, the race shall be considered an allowance or purse race.

8. "Overnight race" means any race other than a stake or added money race.

9. "Produce race" or "futurity" means a race to be contested by the produce of horses which are named or identified before the closing of the entries.

10. "Purse race" means a race for money or any other prize to which the owners of the horses engaged do not contribute.

11. "Stake race" or "sweepstakes" means a race to which nominators of the engaged entries contribute to a purse; to which money, or any other award, may be added; but no overnight race, regardless of its conditions, shall be deemed a stake race.

12. "Starter race" means an overnight race under allowance or handicap conditions, restricted to horses which have previously started for a designated claiming price or less, as stated in the conditions of the race.

13. "Walkover" means when one and only one of the owners who has nominated for a race qualifies a horse or horses to start. Where only one horse or interest has qualified to start in a race, that horse shall be ridden past the judge's stand and go to the post and shall then be deemed the winner. It shall receive all entrance fees, forfeit, but no portion of any purse, stake or added money or any other prize.

14. "Weight for age race" means a race in which weights are assigned in keeping with the scale of weights adopted by these rules.

"Race day" means a day in which a numerical majority of scheduled races is conducted and shall be a part of the permit holder's allocated racing days.

"Race meeting" means a group of days, Sunday excepted, on which horse racing is conducted for any stake, purse or reward, at a race track.

"Recognized meeting" means any meeting wherever held under the sanction of a turf authority having reciprocal relations with the New Jersey Racing Commission and other turf authorities, for the mutual enforcement of rulings imposed on persons guilty of fraudulent turf practices of any kind.

"Respiratory bleeder" means a horse that shows evidence of hemorrhaging from the blood vessels of the nose, accessory nasal cavities, the pharynx, larynx and/or lung.

"Rule off" means the act of debarring from the grounds of an association and denying all racing privileges.

"Rules" means the rules and regulations therein prescribed and any amendments or additions thereto.

"Running meeting" means a meeting at which all horses entered to run in flat races must be registered in the American Stud Book maintained by the Jockey Club of New York, and all horses entered to be run in steeplechases must be registered in the Jockey Club or with the National Steeplechase and Hunt Association.

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

"Scratch time" means the time set by any association for the closing of application for permission to withdraw from race of that day.

"Stable employee" means a person who is employed by the trainer to perform duties such as hot walker or groom.

"Starter" means a horse becomes a starter when the stall doors of the starting gate open in front of it at the time the starter dispatches the horses.

"Stewards" means the steward of the meeting or their duly appointed deputies.

"Subscription" means the act of nominating a horse for a stake race.

"Suspicious analysis" means when the biological sample being tested is suspected of containing any drug(s) or foreign chemical substance(s), however the presence of other foreign substance(s) interferes with the isolation, detection and identity of the suspected substance(s).

"Tote" or "tote board" means the totalizer.

"Trainer" means a person licensed to condition horses for races.

"Untried horse" means one whose produce are maidens.

"Year" means a calendar year.

N.J. Admin. Code § 13:70-2.1

Amended by 50 N.J.R. 1220(a), effective 5/7/2018
Amended by 53 N.J.R. 1506(a), effective 9/7/2021