W. Va. Code R. § 178-2-2

Current through Register Vol. XLI, No. 40, October 4, 2024

Section 178-2-2 - Definitions

As used in this rule and unless the context clearly requires a different meaning, the following terms have the meaning ascribed in this section.

2.1. "Added Money" means a sum by which the established purse is increased.

2.2. "Age" means the age of a greyhound beginning on the day it was whelped.

2.3. "Appeal" means a request for the Racing Commission or its designee to consider and review any decisions or rulings of the judges of a meeting or to consider and review an ejection/exclusion of an occupational permit holder by the association as authorized by West Virginia Code § 19-23-1 et seq., and this rule.

2.4. "Applicant" means any racing association making application for a license, or any person making application for an occupational permit.

2.5 "Association" or "racing association" means any individual, partnership, firm, association, corporation or other entity or organization of whatever character or description licensed by the Racing Commission to conduct a meeting where greyhound racing and pari-mutuel wagering are permitted for a purse involving pari-mutuel wagering.

2.6. "Association grounds" means all real property utilized by the association in the conduct of its race meeting, including the race course, grandstand, concession stands, offices, kennel compound, pari-mutuel areas, parking lots, and any other areas under the jurisdiction of the Racing Commission.

2.7. "Authorized agent" means a person appointed by another person to act as his or her representative in a notarized document signed by the owner and filed with the Racing Commission.

2.8. "Bertillon" means a card listing identifying features of a greyhound.

2.9. "Betting interest" means one or more greyhounds in a race involving pari-mutuel wagering, which is identified by a single program number for wagering purposes.

2.10. "Blanket" means the covering on which a greyhound's starting box post position number is displayed.

2.11. "Bolt" refers to a greyhound departing from the race course during the running of a race.

2.12. "Bookmaking" means a form of gambling that is not authorized by law in which chances are sold to individuals who may win a part or all of the pool depending on the outcome of the event for which the pool is made.

2.13. "Breakage" or "Legitimate breakage" means the remainder after deducting the payout from the net pool.

2.14. "Breeder" of a greyhound means the registered owner or registered lessee of the greyhound's dam at the time of breeding.

2.15. "Chairman" means the chairman of the West Virginia Racing Commission, or his or her designee

2.16. "Commission" means the West Virginia Racing Commission.

2.17. "Complaint" means a written allegation of a violation of these rules or West Virginia Code § 19-23-1 et seq.

2.18. "Course" means the track over which greyhounds race.

2.19. "Day" means a calendar day.

2.19.a. "Dark day" means a day during a racing meeting in which no live racing occurs at the association.

2.19.b. "Race day" means a day during a race meeting in which pari-mutuel wagering is conducted on live racing occurring at the association.

2.19.C. "Simulcast race day" means a day during a race meeting in which pari-mutuel wagering is conducted on races being conducted at a location other than the racetrack where the wager is placed.

2.20. "Dead heat" means the finish of a race in which the muzzles and/or nose of two (2) or more greyhounds reach the finish line at the same time.

2.21. "Double entry" means an entry of two (2) or more greyhounds in the same race from the same kennel that are separate wagering interests.

2.22. "Draw" means the process of selecting greyhounds and assigning post or starting box positions, and the process of selecting dogs in a manner to ensure compliance with the conditions of the rules of racing.

2.23. "Ejection" means the physical removal of a person at a licensed racetrack from the association grounds under the jurisdiction of the Racing Commission.

2.24. "Entry" means a greyhound eligible for and entered in a race.

2.25. "Equipment" means as applied to a greyhound muzzle, number blankets, and all other paraphernalia, which might be used on or attached to a greyhound when racing.

2.26. "Established weight" means the racing weight established by the trainer as the greyhound's best racing weight.

2.27. "Executive Secretary" means the racing secretary of the Racing Commission.

2.28. "False start" means any race, which fails to start as, stipulated by the rules.

2.29. "Finish" means the order of finish in which the greyhounds complete the race.

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

2.31. "Fund" means the West Virginia greyhound breeding development fund established under the provisions of W. Va. Code § 19-23-10.

2.32. "Handle" means the total amount of all pari-mutuel wagering sales less refunds and cancellations.

2.33. "Judge" means the person or persons designated to represent the Racing Commission whose duty it is to supervise any greyhound race meeting according to these rules.

2.34. "Juvenile" means a greyhound fifteen (15) months of age through twenty-four (24) months of age.

2.35. "Kennel compound" means the facilities on association grounds providing for the housing of the racing kennels.

2.36. "Kennel helper" means a person employed by a kennel owner to assist in the conditioning of greyhounds for racing.

2.37. "Kennel owner" means a person or persons who are contracted by the association to supply greyhounds for racing.

2.38. "Lead-Out" means the attendant that handles or cares for the greyhounds in the paddock and while they are en route to tire starting box.

2.39. "Lessee" means a person who holds a registered lease certificate for the racing of a greyhound in his or her name.

2.40. "Lease agreement" means an Association of Racing Commissioners International and/or National Greyhound Association Uniform Greyhound Lease or other written document stating the names of the lessee, lessor, and the terms and purpose of the lease.

2.41. "License" means an authorization by the Racing Commission to an association to conduct dog racing with pari-mutuel wagering at a specified location.

2.42. "Licensee" means any racing association holding a license required by West Virginia Code § 19-23-1 et seq. and this rule.

2.43. "Live racing" means greyhound racing occurring on the association grounds of a racing association holding a license required by West Virginia Code § 19-23-1 et seq. and this rule.

2.44. "Lock out kennel" is the secure and restricted facility within the paddock used to temporarily house entered greyhounds prior to their participation in the current performance.

2.45. "Lure" means a mechanical apparatus consisting of the following component parts; 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 race course and the object which is attached to the pole.

2.46. "Maiden" means a greyhound, which has never, in any jurisdiction, won an official race and which is less than twenty-four (24) Months of age. Conditions referring to a maiden means maidens at the time of starting. A maiden who has been disqualified after finishing first is to be considered a maiden.

2.47. "Matinee" means a performance or schedule of races conducted upon a race course in daylight hours.

2.48. "Meet" means the specified periods and dates within a race meeting, during which an association is authorized by the Racing Commission to conduct racing and/or pari-mutuel wagering.

2.49. "Meeting" means the total specified periods and dates each year during which an association is authorized by the Racing Commission to conduct racing and/or pari-mutuel wagering.

2.50. "Month" means a calendar month.

2.51. "Night performance" means a performance or schedule of races conducted upon a race course during night hours.

2.52. "Nomination" means the initial naming of a greyhound for entry in a stake race.

2.53. "No race" means a race canceled or voided for any reason by the judges.

2.54. "Official order of finish" means the order of finish of the greyhounds in a contest as declared by the judges.

2.55. "Official race" means a race in the presence of duly appointed racing officials, for which purse monies are paid involving pari-mutuel wagering.

2.56. "Official time" means the elapsed time from the moment the starting box opens and ending when the first greyhound crosses the finish line.

2.57. "Official schooling races" means trial races that are supervised by the judges which are conducted for qualification purposes. Pari-mutuel wagering is prohibited on these races.

2.58. "Owner" means the person in whose name the greyhound is registered with the National Greyhound Association determined at the time of breeding, whelping, and racing at a meeting in accordance with this rule. An owner may be a sole owner, part owner, or lessee. A beneficial interest in a greyhound, such as an interest in just the winnings of the greyhound does not constitute part ownership of that greyhound.

2.59. "Paddock" means an area that is restricted to the Racing Commission, association and restricted employees. The paddock area includes the lock-out kennel, reviewing stand and offices.

2.60. "Pari-mutuel" means a mutuel or collective pool that can be divided among those who have contributed their wagers to one central agency. The odds of these wagers are to be reckoned in accordance with the collective amounts wagered upon each greyhound running in a greyhound race relative to the amount wagered on each greyhound in each pool with the total to be apportioned among the first three contestants on the basis of the number of wagers.

2.61. "Pari-mutuel clerk" means any employee of a licensed racing association, who is responsible for the collection of wagers, the distribution of moneys for winning pari-mutuel tickets, verification of the validity of pari-mutuel ticket and accounting for pari-mutuel funds.

2.62. "Patron" means a member of the public present on the grounds of a pari-mutuel association during a meeting for the purpose of wagering or to observe racing.

2.63. "Performance" means an approved number of races run consecutively as one program.

2.64. "Permit" is the written authorization issued by the Racing Commission to a person allowing occupational participation with dog racing for a purse involving pari-mutuel wagering at a licensee's dog racetrack.

2.65. "Permit holder" means any person holding a permit required by the Racing Commission.

2.66. "Person" means any individual, partnership, firm, association, corporation, or other entity or organization of whatever character or description.

2.67. "Pool" means a combination of interests in a joint wagering enterprise or a stake in the enterprise.

2.68. "Position" means the position at the starting box assigned to a greyhound for the start of tire race.

2.69. "Post time" means the time set for the arrival at tire starting box for tire greyhounds in a race. This information shall be shown at a reasonable time prior to the race on a clock device provided specifically for this purpose, and shall be prominently displayed and clearly readable from the grandstand.

2.70. "Program" means tire published listing of all races and greyhounds for a specific performance.

2.71. "Purse" means the total cash amount for which a race is contested.

2.72. "Purse race" means a race for money or other prizes to which tire owners of the greyhounds engaged do not contribute.

2.73. "Race" means a contest for purse, stakes, or entry fees on any race course and while in the presence of duly appointed racing officials.

2.74. "Racetrack" means the association grounds, as defined in this rule.

2.75. "Racing association" means any individual, partnership, firm, association, corporation, or other entity or organization of whatever character or description licensed in accordance with W. Va. Code § 19-23-1 et seq. to hold a greyhound race meeting.

2.76. "Random testing" means a strategy for testing for alcohol or controlled substances not based on a reasonable belief that an individual has drugs and/or alcohol in his or her system that assures that all affected individuals have an equal probability of being selected for testing.

2.77. "Reasonable cause/reasonable suspicion testing" means a strategy for testing for alcohol or controlled substances based on an official's having good reason to believe that an occupational permit holder has alcohol or controlled substance in his or her system.

2.78. "Recognized meeting" means;

2.78.a. A meeting held under license of tire Racing Commission;

2.78.b. A meeting held in this or any other country under the sanction of a Commission or authority whose jurisdiction over racing is recognized by the Racing Commission and which recognizes, accepts, and gives effect to sentences imposed by tire Racing Commission upon those guilty of improper practices.

2.79. "Registered Greyhound Owner" means an owner of a greyhound that is registered with the National Greyhound Association.

2.80. "Restricted area" means an area of association's grounds that is designated by the Racing Commission to which access is limited to certain persons only. Restricted areas may include, but are not necessarily limited to, the kennel compound, the paddock, the mutuel department, etc.

2.81. "Result" means that part of the official order of finish used to determine tire pari-mutuel payout of pools to patrons for each individual contest.

2.82. "Ruled-off' means the act of disallowing a person to enter or remain upon the premises of any or all licensed racetracks and/or simulcast facilities.

2.83. "Rules" means the rules of the Racing Commission.

2.84. "Scratch" means the act of removing an entered greyhound from a race after the selection for the post positions in a race has been completed.

2.85. "Secretary" means the Secretary of the West Virginia Department of Revenue, or his or her designee.

2.86. "Simulcast" means the transmission and/or reception for pari-mutuel wagering purposes of greyhound racing conducted at a licensed racetrack other than where the pari-mutuel wager is placed.

2.87. "Stakes race" means a race publicly declared open to all complying with its conditions to be fulfilled wholly or in part subsequent to its closing and involved which may required a fee to be paid for each greyhound.

2.88. A "Starter" means a greyhound is a starter for a race when the doors of the starting box open.

2.89. "Tote" or "tote board" means the totalizator system used for recording, calculating and disseminating information about pari-mutuel ticket sales, wagers, odds and payoff prices to patrons at a licensed racetrack.

2.90. "Touting" means soliciting or providing unauthorized wagering tips on animals for a profit in races under the jurisdiction of the Racing Commission.

2.91. "Trainer" means a person who conditions or prepares greyhounds for racing.

2.92. "Weighing in" means the weight of the greyhound taken at first weighing in as provided for in this rule.

2.93. "Weighing out" means the weight of the greyhound prior to post time or time of the race in which it is entered.

2.94. "Weight loser" means a greyhound recognized by the officials known to be a consistent weight loser while in the lockout kennel.

2.95. "Whelped" means the time of a greyhound's birth.

2.96. "Withdrawal" means the act of withdrawing an entered greyhound from a race before the time for the posting of starting box positions for the race in which the greyhound is entered.

2.97. "Year" means a calendar year.

W. Va. Code R. § 178-2-2