3 Del. Admin. Code § 501-4.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 501-4.0 - Associations

4.1 General Duty

4.1.1 An Association, its officers, directors, officials and employees shall comply with the rules and orders of the Commission and judges.

4.1.2 An Association may request an exemption from a requirement in this chapter to utilize new technology or innovative construction or design of the racetrack facilities. The Commission may grant an exemption if it determines that:

4.1.2.1 The Association's proposal substantially satisfies the purpose of the requirement; and

4.1.2.2 The exemption is in the best interests of the race horses, the racing industry and the citizens of Delaware.

4.2 Financial Requirements

4.2.1 Insurer of the Race Meeting

4.2.1.1 Approval of a race meeting by the Commission does not establish the Commission as the insurer or guarantor of the safety or physical condition of the Association's facilities or purse of any race.

4.2.1.2 In accordance with §10043 of the Act, an Association shall timely provide the Commission with a certificate of liability insurance, in an amount approved by the Commission, with premium prepaid. The insurance shall provide a minimum of medical expense coverage equal to the average daily purse account raced for at the previous meeting conducted by the Association.

4.2.1.3 An Association shall maintain in an approved depository, those amounts deducted from the pari-mutuel handle for distribution for the purposes specified in the Act and Commission rules.

4.2.1.4 An Association is responsible to ensure that the amounts retained from the pari-mutuel handle are distributed according to the Act and Commission rules and not otherwise.

4.2.1.5 An Association shall ensure that all purse monies, disbursements and appropriate nomination race monies are available to make timely distribution in accordance with the Act, Commission rules, Association rules and race conditions, and with any contractual arrangements with the horsemen's association recognized for purposes related to the allocation of purses, if applicable.

4.2.2 Financial Reports

4.2.2.1 The Commission may require periodic audits to determine that the Association has funds available to meet those distributions for the purposes required by the Act, Commission rules, the conditions and nomination race program of the race meeting and the obligations incurred in the daily operation of the race meeting.

4.2.2.2 Pursuant to §10029(e) or §10055(a) of the Act, the Commission may require that the books, records and financial or other statements of any Association licensed under the provisions of the Act, or licensed to make, conduct and sell pools in accordance with Subchapter IV of the Act, shall be kept in such form or in such manner as the Commission prescribes.

4.2.2.3 In accordance with §10030 of the Act, every licensed Association shall file with the Department of Finance, not later than four (4) months after the close of the Association's fiscal year, a statement, duly certified by an independent public accountant, of its receipts from all sources whatsoever during the fiscal year and of all expenses and disbursements, itemized in the manner and form directed by the Department of Finance, showing the net revenue from all sources derived by the licensee during the fiscal year covered by such statement.

4.2.2.4 Pursuant to §10029(e) or §10055(a) of the Act, the Commission may visit, investigate and place expert accountants and such other persons as it deems necessary, in the offices, tracks or places of business of any licensed Association, or in the office or place of business of any person or entity licensed to operate a pool, for the purpose of satisfying itself that the Commission's rules and regulations are strictly complied with. The salaries and expenses of such expert accountants or other persons shall be paid by the Association to whom they are assigned.

4.2.2.5 Any financial reports, or any other financial information, obtained pursuant to the Act or these rules shall not be disclosed as public information except as required by 29 Del.C. Ch. 100.

4.3 Facilities and Equipment

4.3.1 Facilities for Patrons and Licensees

4.3.1.1 An Association shall ensure that the public areas of the Association grounds are designed and maintained for the comfort and safety of the patrons and licensees and are accessible to all persons with disabilities as required by federal law.

4.3.1.2 An Association shall provide and maintain adequate restroom facilities for the patrons and licensees.

4.3.1.3 An Association shall provide an adequate supply of free drinking water.

4.3.1.4 An Association shall maintain all facilities on Association grounds to ensure the safety and cleanliness of the facilities at all times.

4.3.1.5 During a race performance, the Association shall provide:

4.3.1.5.1 a first aid room equipped with at least two beds and other appropriate equipment; and

4.3.1.5.2 the services of at least one certified emergency medical technician (EMT).

4.3.1.6 An Association shall provide a properly equipped ambulance, staffed with certified paramedics or EMTs, at any time the racetrack is open for racing. If the ambulance is being used to transport an individual, the Association may not conduct a race until the ambulance is replaced.

4.3.1.7 An Association shall provide adequate office space for the use of the judges and other Commission personnel as required by the Commission. The location and size of the office space, furnishings and equipment required under this section must be approved by the Commission, after appropriate consideration has been given to the limitations of available space or other resources or infrastructure on the grounds of the Association.

4.3.1.8 An Association shall promptly post Commission notices in places that can be easily viewed by patrons and licensees.

4.3.2 Officials' Stands. An Association shall provide adequate stands for officials to have a clear view of the racetrack. The location and design of the stands must be approved by the Commission.

4.3.3 Audio and Visual Equipment

4.3.3.1 An Association shall provide and maintain in good working order a communication system between the:

4.3.3.1.1 Judges' stand;

4.3.3.1.2 Racing office;

4.3.3.1.3 Tote room;

4.3.3.1.4 Paddock;

4.3.3.1.5 Test barn;

4.3.3.1.6 Starting gate;

4.3.3.1.7 Recording system locations;

4.3.3.1.8 Veterinarian and Veterinary Technician;

4.3.3.1.9 Track announcer;

4.3.3.1.10 Location of the ambulances (equine and human); and

4.3.3.1.11 Other locations and persons designated by the Commission.

4.3.3.2 An Association shall provide and maintain a public address system capable of clearly transmitting announcements to the patrons and to the stable area.

4.3.3.3 An Association shall provide an electronic photo finish device to photograph, videotape or otherwise record visually the finish of each race and record the time of each horse in at least hundredths of a second. The location and operation of the photo finish devices must be approved by the Commission before its first use in a race. The Association shall promptly post a photograph of each photo finish for win, place or show in an area accessible to the public. The Association shall ensure that the photo finish devices are calibrated before the first day of each race meeting and at other times as required by the Commission. On request by the Commission, the Association shall provide, without cost, a print of a photo finish to the Commission. Photo finish prints of each race shall be maintained by the Association for not less than six months after the end of the race meeting, or such other period as may be requested by the judges or the Commission.

4.3.3.3.1 It is the duty of the Presiding Judge to ensure that the photo finish camera is in proper working order before the start of the race. Whenever the judges use a photo to determine the order of finish it shall be displayed for public inspection.

4.3.3.4 An Association shall provide for the use of the photo finish head numbers, saddle pads, and a starting gate, with approved backups.

4.3.3.5 An Association shall provide a recording system approved by the Commission. Cameras must be located to provide clear panoramic and head-on views of each race. Separate monitors, which simultaneously display the images received from each camera and are capable of simultaneously displaying a synchronized view of the recordings of each race for review shall be provided in the judges' stand. The location and construction of recording system equipment supports must be approved by the Commission.

4.3.3.6 The judges may, at their discretion, direct the recording system operators to record the activities of any horses or persons handling horses prior to, during or following a race.

4.3.3.7 Races must be recorded by an adequate number of recording cameras, as approved by the Commission.

4.3.3.8 An Association shall, upon request, provide to the Commission, without cost, a copy of a recording of a race.

4.3.3.9 Recordings made prior to, during and following each race shall be maintained by the Association for not less than six months after the end of the race meeting, or such other period as may be requested by the judges or the Commission.

4.3.3.10 An Association shall provide a viewing area in which, on approval by the judges, an owner, trainer, driver or other interested individual may view a recording of a race.

4.3.3.11 Following any race in which there is an inquiry or objection, the Association shall display to the public on designated monitors the videotaped recorded replays of the incident in question which were utilized by the judges in making their decision.

4.3.4 Racetrack

4.3.4.1 The surface of a racetrack must be designed, constructed and maintained to provide for the safety of the drivers and horses.

4.3.4.2 Upon the request of the Commission, a licensed surveyor shall provide to the Commission a certified track measurement.

4.3.4.3 Distances to be run shall be measured from the starting line at a distance three feet out from the inside rail or other fixed marker.

4.3.4.4 The surveyor's report must be approved by the Commission prior to the first race day of the meeting.

4.3.4.5 An Association shall provide an adequate drainage system for the racetrack.

4.3.4.6 An Association shall provide adequate equipment and personnel to maintain the track surface and appurtenances in a safe training and racing condition. The Association shall provide back-up equipment for maintaining the track surface.

4.3.5 Rails. The design and construction of rails, where used, must be approved by the Commission prior to the first race meeting at the track.

4.3.6 Starting Gates. During racing hours, an Association shall provide at least two operable starting gates, which have been approved by the Commission.

4.3.7 Distance Markers. An Association shall provide starting point markers and distance poles in a size and position that is clearly seen from the judges' stand.

4.3.8 Saddle Pad Colors

4.3.8.1 All extended pari-mutuel racetracks shall adopt the following color format for saddle pad colors for post positions in each race:

4.3.8.1.1 Post Position One - Red

4.3.8.1.2 Post Position Two - Blue

4.3.8.1.3 Post Position Three - White

4.3.8.1.4 Post Position Four - Green

4.3.8.1.5 Post Position Five - Black

4.3.8.1.6 Post Position Six - Yellow

4.3.8.1.7 Post Position Seven - Pink

4.3.8.1.8 Post Position Eight - Gray

4.3.8.1.9 Post Position Nine - Purple

4.3.8.1.10 Post Position Ten - Blue/Red

4.3.8.1.11 Post Position Eleven - Light Blue

4.3.8.1.12 Post Position Twelve - Red/White

4.3.8.2 All saddle pad numbers, with the exception of post positions three and five, shall be white with a black border. The saddle pad numbers for post positions three and five shall be solid black and solid white, respectively.

4.3.9 Lighting

4.3.9.1 An Association shall provide lighting for the racetrack and the patron facilities that is adequate to ensure the safety and security of the patrons, licensees and horses. Lighting to ensure the proper operation of the videotape and photo finish equipment must be approved by the Commission.

4.3.9.2 An Association shall provide adequate additional lighting in the stable area as required by the Commission.

4.3.9.3 If an Association conducts racing at night, the Association shall maintain a back-up lighting system that is sufficient to ensure the safety of race participants and patrons.

4.3.10 Equine Ambulance

4.3.10.1 An Association shall provide an equine ambulance on Association grounds on each day that the racetrack is open for pari-mutuel and qualifying racing or training.

4.3.10.2 The ambulance must be properly ventilated and kept at an entrance to the racing strip when not in use.

4.3.10.3 The ambulance must be a covered vehicle that is low to the ground and large enough to accommodate a horse in distress. The ambulance must be able to:

4.3.10.3.1 Navigate on the racetrack during all weather conditions; and

4.3.10.3.2 Transport a horse off the Association grounds.

4.3.10.4 The ambulance must be equipped with:

4.3.10.4.1 Ramps to facilitate loading a horse;

4.3.10.4.2 Adequate means of loading a horse that is down;

4.3.10.4.3 A rear door;

4.3.10.4.4 A movable partition to initially provide more room to load a horse and to later restrict a horse's movement; and

4.3.10.4.5 A shielded area for the person who is attending to the horse.

4.3.10.5 An Association may not conduct a race unless an equine ambulance or an official veterinarian-approved substitute is readily available.

4.3.10.6 The equine ambulance, its supplies and attendants and the operating procedures for the equine ambulance must be approved by the official veterinarian.

4.3.11 Receiving Area

4.3.11.1 An Association shall provide a receiving area and paddock containing a sufficient number of stalls to accommodate all horses in to race for that day.

4.3.11.2 An Association shall ensure that the paddock and receiving barns are kept clean and in good repair. Each paddock, including the receiving barn, shall include hot and cold water, be well-ventilated, have proper drainage and be constructed to be comfortable in all seasons.

4.3.11.3 An Association shall provide an adequate area for the placement of manure removed from the stalls. All manure must be removed from the stable area on a prompt and regular schedule.

4.3.12 Isolation Area

4.3.12.1 An Association shall provide an isolation area for the care and treatment of a horse that is ordered isolated by the State veterinarian.

4.3.12.2 The isolation area must be approved by the Presiding Judge.

4.3.13 Weather Equipment. An Association shall provide a consistent method whether by instrumentation or otherwise to obtain an appropriate means for measuring temperature. The Presiding Judge shall consult at least one member of the driver's committee by the third race to determine an allowance. The following guidelines shall be used in making this determination:

Temperature or Wind chill:

32 degrees - 25 degrees (F) = 1 second allowance

24 degrees - 15 degrees (F) = 2 second allowance

14 degrees - 0 degrees (F) = 3 second allowance

Other relevant factors such as precipitation shall also be considered.

4.4 Operations

4.4.1 Security

4.4.1.1 An Association conducting a race meeting shall maintain security controls over its premises. Security controls are subject to the approval of the Commission.

4.4.1.2 An Association may establish a system or method of restricting access to its restricted areas or to ensure that all participants at its race meeting are licensed as required by these rules.

4.4.1.3 An Association shall prevent access to and shall remove or cause to be removed from its restricted areas any person who is unlicensed, or who has not been issued a visitor's pass or other identifying credential, or whose presence in such restricted area is unauthorized.

4.4.1.4 Unless otherwise authorized by the Commission, an Association shall provide continuous security in the receiving and paddock areas during all times that horses are on the grounds to race. An Association shall provide security fencing around the paddock and receiving areas in a manner that is approved by the Commission.

4.4.1.5 On request by the Commission, an Association shall provide a list of the security personnel, including the name, qualifications, training, duties duty station and area supervised by each employee.

4.4.1.6 Each day, the chief of security for an Association shall deliver a written report to the Presiding Judge regarding occurrences on Association grounds relating to harness horse racing on the previous day. Not later than 24 hours after an incident occurs requiring the attention of security personnel, the chief of security shall deliver to the Presiding Judge a written report describing the incident. The report must include the name of each individual involved in the incident, the circumstances of the incident and any recommended charges against each individual involved.

4.4.2 Fire Prevention.

4.4.2.1 An Association shall develop and implement a program for fire prevention on Association grounds. An Association shall instruct employees working on Association grounds of the procedures for fire prevention.

4.4.2.2 No person shall:

4.4.2.2.1 Smoke in the receiving areas, paddock, or within any building on Association grounds;

4.4.2.2.2 Burn open fires or oil and gas lamps in the Association grounds;

4.4.2.2.3 Leave unattended any electrical appliance that is plugged-in to an electrical outlet;

4.4.2.2.4 Permit horses to come within reach of electrical outlets or cords;

4.4.2.2.5 Store flammable materials such as cleaning fluids or solvents in the receiving and paddock areas; or

4.4.2.2.6 Lock a stall which is occupied by a horse.

4.4.2.3 An Association shall post a notice in the receiving areas and paddock which lists the prohibitions outlined in subsections 4.4.2.2.1 - 4.4.2.2.6 above.

4.4.3 Insect and Rodent Control. An Association and the licensees occupying the Association's receiving areas and paddock shall cooperate in procedures to control insects, rodents or other hazards to horses or licensees.

4.4.4 Complaints

4.4.4.1 An Association shall designate a location and provide personnel who shall be readily available to the public to provide or receive information.

4.4.4.2 An Association shall promptly notify the Commission of a complaint regarding:

4.4.4.2.1 An alleged violation of the Act or a rule of the Commission;

4.4.4.2.2 An alleged violation of ordinances or statutes;

4.4.4.2.3 Accidents or injuries; or

4.4.4.2.4 Unsafe or unsanitary conditions for patrons, licensees or horses.

4.4.5 Ejection and Exclusion. An Association may eject or exclude a person for any lawful reason.

3 Del. Admin. Code § 501-4.0

1 DE Reg. 502 (11/01/97)
2 DE Reg. 1240 (01/01/99)
2 DE Reg. 1765 (04/01/99)
5 DE Reg. 832 (10/01/01)
11 DE Reg. 308 (09/01/07)
26 DE Reg. 831 (4/1/2023) (Final)