S.D. Admin. R. 20:04:31:01

Current through Register Vol. 50, page 159, June 17, 2024

Section 20:04:31:01 - Definitions

In addition to the definitions contained in SDCL 42-7-48, terms used in this article mean:

(1) "Added money," the money which an association adds in a stakes race to the nominating and starting fee;

(2) "Age of a greyhound," age reckoned from the day a greyhound was whelped;

(3) "Age of a horse," the assigned age of a horse reckoned from the first day of January in the year in which the horse is foaled;

(4) "Arrears," all sums due for entrance money fees, including jockey fees if applicable, subscriptions, stakes, forfeitures, purchase money in claiming races, and any default incident to this article;

(5) "Association," a person, persons, association, or corporation licensed to conduct a racing meet under SDCL 42-7;

(6) "Authorized agent," a person appointed by a written instrument signed and acknowledged before a notary public by the owner and filed in accordance with § 20:04:13:74 or 20:04:21:32;

(7) "Big perfecta," a form of pari-mutuel wagering in which the bettor selects the two greyhounds or horses that will finish first and second in each of two consecutive races in the exact order as officially posted;

(8) "Breaks," or "breakage," the difference between the amount contributed to the pari-mutuel pool and the total of the commissions and sums redistributed to the contributors;

(9) "Bred," the place of a horse's birth;

(10) "Breeder," the owner of a greyhound's dam at the time of whelping or the owner of a horse's dam at the time of foaling;

(11) "Commission," the South Dakota commission on gaming;

(12) "Crate," an enclosure for the individual housing of greyhounds;

(13) "Day," a 24-hour period ending at midnight;

(14) "Declaration," the act of withdrawing an entered greyhound from a race at least one-half hour before the time designated for the drawing of post positions for the race in which the greyhound is entered; or the act of withdrawing an entered horse from a race before closing of overnight entries;

(15) "Duration of meeting," from 10:00 a.m. of the first day of a meeting to one hour after the last race of the last day;

(16) "Entry," a horse eligible to run in a race, two or more horses owned by the same owner or trained by the same trainer which are entered to run in a race, or a greyhound entered to run;

(17) "Equipment," whips, blinkers, tongue straps, muzzles, hoods, nosebands, bits, shadow rolls, martingales, breast plates, bandages, boots, plates (shoes), and all other paraphernalia common or otherwise which might be used on or attached to a horse while racing; or muzzles, number blankets, and all other paraphernalia common or otherwise which might be used on or attached to a greyhound while racing;

(18) "Established weight," the racing weight established by the owner or trainer as a greyhound's best racing weight;

(19) "Forfeit," money due because of an error, fault, neglect of duty, breach of contract, or penalty;

(20) "Foul riding," all acts of a jockey committed in the running of a race which are designed to gain unfair or unsportsmanlike advantage, to the end of improving his own chance or position in the race or of lessening the chance or position of another in the race;

(21) "Fraudulent or corrupt practice," an attempt to enrich oneself or one's associates or gain an advantage through unfair, unlawful, or dishonest behavior in connection with the racing of horses or greyhounds; those practices listed in SDCL 42-7-91;

(22) "Horse," a colt, filly, gelding, mare, or ridgling or an entire male five years old or older designated for racing purposes and programming as follows:

(a) "Male," a horse, colt, gelding, or ridgling;

(b) "Female," a filly or mare. A filly becomes a mare when five years old;

(23) "Host track," the licensee conducting live racing from which simulcasting originates;

(24) "Interstate simulcasting," the telecast of live audio and visual signals conducted outside the state of South Dakota to an authorized facility within South Dakota for the purpose of pari-mutuel betting;

(25) "Intrastate simulcasting," the telecast of live audio and visual signals of racing conducted on a licensed track within South Dakota to an authorized facility within South Dakota for the purpose of pari-mutuel betting;

(26) "Jockey," a race rider, whether a licensed jockey, an apprentice, or an amateur;

(27) "Kennel name," any type of name other than the legal name or names of the owners;

(28) "Kennel operator," the person designated by a kennel owner to preside over and be responsible for the daily operations of the kennel;

(29) "Kennel owner," a person who has contracted with the association to race greyhounds at the meeting conducted by the association. A kennel owner may or may not be a true owner;

(30) "Lead-out," the attendant who handles the greyhound while enroute to the starting box;

(31) "Lessee," a person who holds a contract for the racing of a greyhound or horse in his name;

(32) "Licensee," or "license holder," a person granted an occupational license in connection with greyhound or horse racing issued by the South Dakota racing commission; or a corporation, association, organization, partnership, or individual granted a license to conduct racing in South Dakota;

(33) "Locked in the gate," a condition which prevents a horse from leaving the post at off time when the other horses officially start because of the failure of the front door of the gate to open simultaneously with the other doors;

(34) "Lure," a mechanical apparatus consisting of the following components: a stationary rail installed around the track, a motorized mechanism which travels on the rail, a pole which is attached to the mechanism and extends out over the track, and a reasonable facsimile of a rabbit attached to the pole;

(35) "Maiden," a horse which has never won a race on the flat in any country; a greyhound which has never won a race other than a match or private sweepstakes;

(36) "Matinee," a schedule of races conducted on a racetrack in daylight hours;

(37) "Meeting," the series of dates which have been allocated and granted by the commission to any one association to conduct live racing during a calendar year, or the series of dates which have been allocated and granted by the commission to an association to conduct satellite simulcast races during the period of time between live seasons. A satellite simulcast race during a live season by an association is part of the live season;

(38) "Minor," a person under the age of 18 years;

(39) "Month," a calendar month;

(40) "Night performance," a schedule of races conducted on a racetrack during night hours;

(41) "Nominator," the person in whose name a horse or greyhound is entered for a race;

(42) "Off time," the moment at the start of a race at which the dogs break and run; the instant the stall doors of the starting gate open in front of the horses at the start of the race;

(43) "Operating hours," the hours in which pari-mutuel windows are open;

(44) "Owner," a sole owner, part owner, or lessee of a horse or greyhound;

(45) "Owner-trainer," a person who is a kennel owner and conditions greyhounds for racing;

(46) "Pari-mutuel output data," the data provided by the totalizator system other than sales transaction data, including odds, will pays, race results, and payoff prices;

(47) "Perfecta," a form of pari-mutuel wagering in which the bettor selects the two greyhounds in a single race that finish first and second as officially posted; also called an exacta in horse racing;

(48) "Place," for greyhounds, the first, second, or third winners of a race who are in that order called "win," "place," and "show," for horses, the first, second, third, and fourth winners of a race are in that order called "win," "place," "show," and "fourth";

(49) "Post position," the position assigned to a horse or greyhound at the start of the race;

(50) "Post time," the time set for the arrival at the starting point of the greyhounds or horses in a race;

(51) "Program," a schedule of races of either a matinee or night performance conducted in any racing day;

(52) "Quarter horse," a horse registered with the American Quarter Horse Association which is entered in a race of less than one-half mile;

(53) "Quinella," a form of pari-mutuel wagering in which the bettor selects the two greyhounds or horses in a single race that finish first and second, but not necessarily in the order officially posted;

(54) "Race," a contest for purse, stakes premium, wager for money, or entry fees on any course and in the presence of appointed racing officials;

(55) "Ruled off," barred from the grounds of an association and denied all racing privileges;

(56) "Sales transaction data," the transmitted data between totalizator ticket-issuing machines and the totalizator central processing unit for the purpose of accepting wagers and generating, canceling, and cashing pari-mutuel tickets and the financial information resulting from processing sales transaction data, such as handle;

(57) "Satellite facility," a facility licensed by the commission, where patrons may place and collect wagers placed on horse and greyhound races through interstate combined wagering pools; or the live race facility during the period of time between live seasons;

(58) "Satellite simulcast performance," the period beginning when mutuel windows open for betting until thirty minutes after official results of the final race have been posted at a facility receiving simulcast races;

(59) "Satellite wagering," pari-mutuel wagering at a satellite facility located within South Dakota;

(60) "Scratch," the act of withdrawing an entered horse or greyhound from a race after the drawing for post positions in that race has been completed, with no substitutions or replacement allowed;

(61) "Scratch time," the time set by the association for the closing of applications for permission to withdraw from races of that day;

(62) "Simulcast," a telecast of live audio and visual signals from a live track to an authorized facility within South Dakota for the purpose of pari-mutuel betting;

(63) "South Dakota resident," a person who is eligible to vote in a South Dakota general election;

(64) "South Dakota bred horse," a horse that is foaled in this state whose dam is owned, in whole, at the time of foaling by a South Dakota resident;

(65) "South Dakota owned horse," a horse that is the property of a South Dakota resident for at least 60 days prior to date of entry in a race;

(66) "Stable names," all names used which do not reveal the actual identity of the owner or owners;

(67) "Starter," a greyhound or horse at the time the starter dispatches the greyhounds or horses for a race and the doors or gates of the starting box or gate open in front of it; the official whose duty it is to give the starting signal at the beginning of the race;

(68) "Stewards," the stewards of the meeting or their deputies;

(69) "Subscription," the act of nominating to a stakes race;

(70) "Superfecta," a contract by the purchaser of a ticket combining four greyhounds in a single race, selecting the first four finishers in the exact order of finish as officially posted;

(71) "Suspension," or "suspended," the withdrawal of a privilege granted to a license holder by the stewards, judges, or commission;

(72) "Trainer," a person employed by an owner to condition greyhounds for racing;

(73) "Tri-super combination," the form of pari-mutuel wagering in which the bettor selects the three or four animals that finish first, second, third, and fourth in each of the two designated races in the exact order as officially posted;

(74) "True owner," the person, persons, or corporation whose name or names designate ownership on a greyhound's registration papers (see "Owner,");

(75) "Tote," or "tote board," the board on which approximate odds are posted; the totalizator;

(76) "Twin trifecta," the form of pari-mutuel wagering in which the bettor selects the three animals which finish first, second, and third in each of the two designated races in the exact order as officially posted;

(77) "Untried horse," one whose produce are maidens;

(78) "Weighing in," the weight of the greyhound taken at first weighing in, in accordance with § 20:04:12:53.01;

(79) "Weighing out," the weight of the greyhound previous to post time or time of the race in which it is entered;

(80) "Weight for age," the standard weight assigned by these rules to horses according to their age;

(81) "Whelped," the birth of a greyhound;

(82) "Winnings," all net moneys won in all countries, up to the time appointed for the start, including walkovers and forfeits but no second and third money or the value of a prize not in money; and

(83) "Year," a calendar year.

S.D. Admin. R. 20:04:31:01

5 SDR 87, effective 4/15/1979; 8 SDR 94, effective 2/14/1982; transferred from

General Authority: SDCL 42-7-56(13).

Law Implemented: SDCL 42-7-56(13).