Ariz. Admin. Code § 19-2-102

Current through Register Vol. 30, No. 24, June 14, 2024

Section R19-2-102 - Definitions

The definitions in A.R.S. § 5-101 apply to this Chapter. Additionally, unless the context requires otherwise, in this Article:

1. "Added money" means money a permittee adds to the nominating and starting fees in a race.

2. "Age" means the age of a horse as computed from the first day of January in the year in which the horse is foaled.

3. "Allowance race" means an overnight race for which a horse's eligibility and weight to be carried are determined according to specified conditions that include age, sex, earnings, and number of wins.

4. "Also eligible" means a horse, properly entered for a race, which is not drawn for inclusion in the race but becomes eligible according to preference or lot if an entry is scratched before the scratch-time deadline.

5. "Authorized agent" means a person appointed under R19-2-106(G).

6. "Breakage" means net pool minus payout.

7. "Breeder" means the owner or lessee of a horse's dam at the time the horse is foaled.

8. "Breeding place" means the place of birth of a horse.

9. "Business day" means a day on which live racing is conducted or a day on which entries are taken.

10. "Carryover" means non-distributed pool monies that are retained and added to a corresponding pool in accordance with this Chapter.

11. "Claiming race" means a horse race in which each owner declares in advance the price at which the owner's horse will be offered for sale after the race.

12. "Complaint" means a written allegation of a violation of A.R.S. Title 5, Chapter 1, or this Chapter.

13. "Contest" means a competitive racing event on which pari-mutuel wagering is conducted.

14. "Declaration" means the act of withdrawing an entered horse from a race.

15. "Entrance fee" means a fee set by a permittee that must be paid to make a horse eligible for a stakes race.

16. "Entry" means, according to its context, either:

a. A horse eligible and entered in a race, or

b. Two or more horses that are entered in a race as a single wagering unit and are:

i. Owned, in whole or in part, by the same owner; or

ii. Trained by a trainer who owns an interest in another horse in the race.

17. "Equipment" means whips, blinkers, tongue straps, muzzles, hoods, nose bands, shadow rolls, martingales, breast plates, bandages, boots, plates (shoes), and all other paraphernalia that is or might be used on or attached to a horse while racing.

18. "Field" means:

a. The entire group of horses in a race; or

b. Two or more starting horses running as a single wagering unit when there are more starting horses in a race than positions of the tote.

19. "Foreign substance" means any drug, medicine, metabolite, or other substance that does not exist naturally in an untreated horse and that may have a pharmacological effect on the racing performance of a horse or may affect sampling or testing procedures. Foreign substances include but are not limited to stimulants, depressants, local anesthetics, narcotics, and analgesics.

20. "Foul" means any action by a horse or jockey that interferes with another horse or jockey in the running of a race.

21. "Grounds" means the entire area used by a permittee to conduct a race meet including, but not limited to, the track, grandstand, stables, concession areas, and parking facilities.

22. "Handicap" means a race in which the weight to be carried by each entered horses is adjusted to equalize each horse's chance of winning.

23. "Horse" means a filly, mare, colt, horse, gelding, and ridgling except when referring to sex, "horse" means a male that is five years or older and retains all reproductive organs.

24. "Hurdle race" means a race over a track in which jumps or hurdles are used.

25. "Immediate," for the purpose of suspension or revocation of a license issued under this Chapter, means the first date that the suspension or revocation does not negatively impact another licensee, as determined by the Department.

26. "Inactive person" means an individual who has never been licensed or whose license has expired, been revoked, or been suspended for more than 30 days.

27. "Inquiry" means an investigation of possible interference in a contest conducted by the stewards before the stewards declare the result of the contest official.

28. "In-today horse" means a horse that is entered and has drawn a position to run on one race day and also is entered for the next race day.

29. "Lawfully issued prescription" means a prescription-only drug, as defined at A.R.S. § 13-3401, obtained directly from or under a valid prescription order written by a licensed physician acting in the course of professional practice.

30. "Lessee" or "lessor" means a person who leases a horse for racing purposes.

31. "Maiden" means a horse that at the time of starting has never won a race on the flat in any country on a recognized track or that was disqualified after finishing first.

32. "Match race" means a race between two or more horses, each of which is the property of different owners, on terms agreed to by the owners and approved by the Department.

33. "Minus pool" means there is not enough money, after deductions of state tax and statutory commissions, to pay the legally prescribed minimum on each winning wager.

34. "Net pool" means the sum of all wagers on a race minus refundable wagers and statutory commissions.

35. "Net take" means the amount of a track's commission minus allowed deductions.

36. "Nominating fee" means a fee set by a permittee that must be paid to make a horse eligible for a stakes or handicap race.

37. "Nomination" means naming a horse or its foal in utero to compete in a specific race or series of races, eligibility for which may require paying a fee at the time of naming.

38. "Nominator" means the person in whose name a horse is nominated for a stakes or handicap race.

39. "Official laboratory" means the facility with which the Department contracts under A.R.S. § 5-105(A).

40. "Official race program" means a published listing of all contests and contestants for a specific performance.

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

42. "Overnight race" means a race for which entries close 96 or fewer hours before the time set for the first race of the day on which the race is to be run.

43. "Overpayment" means the amount by which purses paid exceed the amount due horsemen based on the net take and breakage.

44. "Owner" means any person possessing all or part of the legal title to a horse.

45. "Payout" means the amount of money payable to winning wagers.

46. "Performance" means a schedule of races run consecutively as one program.

47. "Place" means a horse finishes in one of the first three positions in a race.

48. "Pool" means the sum of all wagers on a race.

49. "Post position" means the position assigned to a horse for the start of a race.

50. "Post time" means the time set for horses in a race to arrive at the starting point .

51. "Preferred list" means a record of a horse with a prior right to starting usually because the horse was previously entered in a race that did not fill with the required minimum number of horses.

52. "Program trainer" means a licensed trainer identified in the official race program as the trainer of a horse that is actually under the control of and trained by another individual who may or may not hold a trainer's license in any jurisdiction and who is not identified in the official race program as the trainer of the horse.

53. "Prohibited substance" means any substance regulated by A.R.S. Title 13, Chapter 34.

54. "Purse" means the total dollar amount for which a race is contested.

55. "Purse race" means a race for money or other prize to which owners of horses engaged in the race do not contribute an entry fee.

56. "Quarter race" means a race on the flat of 1,000 yards or less.

57. "Race" means a contest among horses for purse, stakes, premium, or wager for money, that is run in the presence of racing officials of the track and a Department representative.

58. "Race meet" means the period for which a permit to conduct racing is granted to a permittee by the Commission.

59. "Race on the flat" means a race over a track on which no jumps or other obstacles are placed.

60. "Racing Regulation Fund" means the fund established under A.R.S. § 5-113.01 and administered by the Department to receive funding for regulation of racing from various pari-mutuel racing industry sources.

61. "Racing secretary" means the official who drafts conditions of races.

62. "Recognized track" means a track where pari-mutuel wagering is authorized by law or that is recognized by the American Quarter Horse Association.

63. "Restricted area" means an enclosed portion of a permittee grounds to which access is limited to licensees whose occupation or participation requires access.

64. "Result" means the part of the official order of finish used to determine the pari-mutuel payout of pools for each contest.

65. "Ridgling" means a male horse that has one or both testicles absent from the scrotum.

66. "Ruled off" means the act of:

a. Barring a licensee from the grounds of a permittee and denying the licensee all racing privileges; or

b. Preventing a horse from being entered because the stewards have determined that preventing the horse from racing is in the best interest of the health, safety, and welfare of licensees and the state.

67. "Scratch" means to withdraw an entered horse from a race after overnight entries have been closed.

68. "Scratch time" means the time set by the permittee for withdrawing entered horses from the races of a particular day.

69. "Stakes race" means a race for which the owner of an entered horse is required to pay a fee to which the track may add money or other prize to make up the total purse and for which nominations close more than 72 hours before the time for the first race of the day on which the stakes race is to be run.

70. "Starter race" means an allowance or handicap race restricted to horses that have previously started for a specified claiming price or less and for which the racing secretary may establish other conditions.

71. "Starting fee" means the amount of money, specified by the conditions of the race and set by the permittee, which must be paid by a horse's owner for the horse to start in a race.

72. "Starting horse" means a horse that leaves the paddock for the post, excluding:

a. A horse subsequently excused by the stewards, or

b. A horse for which the starting gate stall doors do not open in front of the horse at the time the starter dispatches the field.

73. "Steward" means an official of a race meet responsible for enforcing A.R.S. Title 5, Chapter 1 and this Chapter.

74. "Subscription" means the fee paid by the owner to nominate a horse for a stakes race.

75. "Supplemental fee" means a fee set by a permittee that must be paid by a horse's owner at a time prescribed by the permittee to make the horse eligible for a stakes race after the time for nominations is closed.

76. "Suspended" means that a privilege granted by the officials of a race meet or by the Commission or Department has been temporarily withdrawn.

77. "Sustaining fees" mean fees that must be paid periodically, as prescribed by the conditions of a race, to keep a horse eligible for the race.

78. "TCO₂" means total carbon dioxide.

79. "Tote or totalisator" means the machines from which pari-mutuel tickets are sold and the board on which the approximate odds for a race are posted.

80. "Track" means the course over which a race takes place.

81. "Trainer" means a person employed by an owner or lessee to condition a horse for racing.

82. "Underpayment" means the amount by which the amount due horsemen, based on the net take and breakage, exceeds the amount of purses paid.

83. "Walkover" means a race in which there are not two or more horses of separate interest sent to post.

84. "Weight" means the standard weight described in R19-2-118.

Ariz. Admin. Code § R19-2-102

Adopted effective August 5, 1983 (Supp. 83-4). Amended paragraph (15), added new paragraphs (26) and (45) and renumbering accordingly effective June 6, 1986 (Supp. 86-3). Amended by adding paragraphs (19) and (32) and renumbering accordingly effective November 30, 1988 (Supp. 88-4). Amended effective March 20, 1990 (Supp. 90-1). R19-2-102 recodified from R4-27-102 (Supp. 95-1). Amended by exempt rulemaking at 17 A.A.R. 1484, effective July 20, 2011 (Supp. 11-3). Amended by final rulemaking at 19 A.A.R. 3412, effective November 30, 2013