N.Y. Comp. Codes R. & Regs. tit. 9 § 4201.1

Current through Register Vol. 46, No. 53, December 31, 2024

Section 4201.1 - Definitions

(a) Age of a horse. The age of a horse shall be computed on the basis of a calendar year starting on January 1st of the year foaled. It is a weanling during the calendar year in which foaled and a yearling during the first calendar year following its foaling date regardless of the time of year foaled.

(b) Allowance race. Shall mean a race in which contestants carry weight allowance based on performance and/or winnings as stipulated in the conditions thereof.

(c) Appeal. A request for the commission to consider and review any decision or ruling of a steward or judges of a meeting which shall include interpretations, conduct, penalties or any other questions relating to racing or the conduct of racing.

(d) Association or racing association. Shall be deemed to mean any corporation authorized by chapter 1023 of the Laws of 1970, as amended, whether or not duly licensed by the commission.

(e) Authorized agent. Shall mean an agent appointed by a notarized document signed by the owner and filed with the secretary of the racing meeting.

(f) Breeder. Means the owner of its dam at the time of foaling. A horse is bred at the place of his birth.

(g) Bookmaking or making book. Shall be deemed to mean the acceptance or solicitation of a wager upon any result in a horse race, as defined by section 986 of the Penal Law, except through the duly licensed pari-mutuel system.

(h) Claiming race. One in which any horse starting therein may be claimed for a designated amount in conformance with the rules.

(i) Classified race. A race regardless of the money winnings, eligibility of horses, entries being selected by a race secretary on the basis of ability or performance.

(j) Commission or commission shall be deemed to be the New York State Racing and Wagering Board.

(k) Conditioned race. An overnight event to which eligibility is determined according to specified qualifications. Such qualifications may only be based upon:

(1) money winnings in a specified number of previous races or during a specified previous time;

(2) finishing positions in a specified number of previous races or during a specified period of time;

(3) age;

(4) sex;

(5) number of starts during a specified period of time;

(6) purses raced for;

(7) claiming price in past races

(8) any one or more combinations of the qualifications herein listed;

(9) other qualifications for which permission has been granted by the commission in writing.

(l) Coupled entry. The combination of two or more starters in the same race as a unit for wagering and disqualification.

(m) Declaration. A declaration is the withdrawal of a specific horse from a race before the closing of overnight entries.

(n) Disqualification. A decision that a horse shall not start or shall not be allowed to maintain its finishing position for betting or purse purpose or both, if it shall have started.

(o) [Repealed]

(p) Entry. Means according to the requirement of the text:

(1) a horse eligible to run in a race;

(2) two or more horses which are entered to run in a race by the same owner or trained by the same trainer.

(q) Field. Means that when the individual horses competing in a race exceed the numbering capacity of the tote commission, the highest numbered horse within the capacity of the tote commission and all horses of a higher number shall be classified together in wagering and called the field.

(r) Futurity. A stake in which the animal to compete is nominated either in utero or during the year of foaling.

(s) Graded quarter race. Means a quarter horse race for which horses are arbitrarily classified by the race secretary on the basis of past performance.

(t) Handicap race. Means a race in which weights to be carried by the entered horses are adjusted by the race secretary for the purpose of equalizing their respective chances of winning.

(u) Interference. Whenever used, this term shall mean any act, which by design or otherwise, and regardless of actual contact, hampers or obstructs any competing horse or horses.

(v) Maiden. Is a horse which at the time of starting has never won a race on a quarter horse race track whose results are recorded by the American Quarter Horse Chart Book. For the purposes of this subdivision, the winner is that horse which has been declared the winner by the judges for the "official" pari-mutuel placing. A maiden which has been disqualified after finishing first, but before the race is declared official, is still to be considered a maiden. Races or purses awarded to a horse or denied to a horse after the "official" sign has been posted shall not affect its status as a maiden.

(w) Nomination. The naming of a horse or its foal in utero to compete in a specific race or a series of races, eligibility for which may be conditioned upon the payment of a fee at the time of the naming, the payment of subsequent sustaining fees and/or a starting fee.

(x) Owner of stable. Shall be deemed to include a part owner and a lessee and may comprise one or more natural persons in a partnership or any other form of collective ownership or control.

(y) Overnight event. A race for which entries close not more than four days (omitting Sundays) before such race is to be contested. All races other than stakes and early closing events shall be considered overnight events.

(z) Paddock. An enclosure in which horses scheduled to compete in a race program are confined prior to racing.

(aa) Post position. The position assigned to the horses at the starting line of the race.

(bb) Protest. An objection properly sworn to charging that a horse is ineligible to race, alleging improper declaration or citing any act of an owner, trainer, or jockey or official prohibited by the rules, and which if true, should exclude the horse or jockey from the race.

(cc) Public trainer. One who trains as an independent contractor rather than as an employee.

(dd) Purse race. A race for money or a prize to which the owners of the horses do not contribute an entry fee of more than $50.

(ee) Quarter horse racing. The term quarter horse racing as used in this Subchapter shall be construed to mean only horse racing in which the horses participating are mounted by a jockey and registered by the American Quarter Horse Association.

(ff) Race track or track. Shall be deemed to mean any and all parts of the plant of a racing association including, but not limited to, the racing strip, the approaches and entrances, the stands and all other accommodations and facilities provided for the public, the stables, barns, paddocks, quarters of jockeys and others employed in or about the track, judges' and stewards' boxes, photo-finish and film plants, pari-mutuel offices, facilities and equipment, totalizator and public announcement systems.

(gg) Rules and regulations. Shall be deemed to include the rules and regulations adopted by the commission and orders or directives of the commission applicable to administration and racing unless another meaning is clearly indicated.

(hh) Scratched. Means withdrawal of a horse entered in a race after the closing of overnight entries.

(ii) Stakes. A race in which the money given by the track conducting the same is added to the money contributed by the nominators, all of which, except deductions for the cost of nominators or other awards, belong to the winner or winners. In any event, all of the money contributed by the nominators, must be paid to the winner or winners. Where definite purse is offered, same shall be known as a "guaranteed stakes."

(jj) Starter.

(1) Official who dispatches the horses from the starting gate.

(2) A horse is a starter when the stall doors of the starting gate open in front of it at the time the official starter dispatches the horses.

(kk) Suspension. Whenever the term suspension is referred to, unless otherwise specifically limited, it shall be construed to mean the unconditional exclusion and disqualification from every phase of quarter horse racing, either directly or indirectly, on or off the track or admission to the track as a patron or otherwise.

(ll) Gender. Words of the masculine gender include the feminine and the neuter and may refer to a partnership or other form of ownership or control, and words in the singular include the plural and words in the plural include the singular.

(mm) Association veterinarian. A veterinarian licensed by the commission and employed by a racing association or corporation.

(nn) Attending veterinarian. A veterinarian licensed by the commission and hired by the owner or trainer.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4201.1