N.Y. Comp. Codes R. & Regs. tit. 9 § 4100.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 4100.1 - Definitions

(a) As used in this Subchapter, the following definitions are applicable:

(1) Added money early closing event means an event closing in the same year in which it is to be contested in which all entrance fees received are added to the purse.

(2) The age of a horse shall be reckoned from the first day of January of the year of foaling.

(3) Appeal means a request for the commission to investigate, consider and review any decisions or rulings of judges or officials of a meeting. The appeal may deal with placings, penalties, interpretations of the rules or other questions dealing with the conduct of races.

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

(5) Attending veterinarian means a veterinarian licensed by the commission and hired by the owner or trainer.

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

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

(8) Commission means the New York State Gaming Commission.

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

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

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

(iii) age;

(iv) sex;

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

(vi) purses raced for;

(vii) claiming price in past races;

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

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

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

(11) Dash means a race decided in a single trial. Dashes may be given in a series of two or three governed by one entry fee for the series, in which event a horse must start in all dashes.

(12) Declaration means the naming of a specific horse to a specific race as a starter.

(13) Disqualification means a decision that a horse shall not start or shall not be allowed to maintain its finishing position for betting or purse purposes or both if such horse shall have started.

(14) Early closing race means a race to be contested within the year of such race's closing for a definite amount to which nominations close at least 10 days preceding the race. The eligibility fee may be on the installment plan or otherwise, and all payments are forfeits.

(15) Elimination heats mean the heats of a race split to qualify the contestants for a final heat.

(16) Expulsion whenever such penalty is prescribed in this Subchapter, means unconditional exclusion and disqualification from every phase of harness racing, either directly or indirectly, on or off the track or admission to the track as a patron or otherwise.

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

(18) Handicap means a race in which allowance is made by post position.

(19) Harness race means a contest among horses under harness pulling a sulky and being driven by a human being designated a driver.

(20) Heat means a single trial in a race two in three, or three-heat plan.

(21) In harness means that the horses participating are attached to a sulky or similar vehicle.

(22) Interference means any act that, by design or otherwise, and regardless of actual contact, hampers or obstructs any competing horse or horses.

(23) International championship means a race advised, promoted or announced as competition among the best horses in the world of any gait or age and comprised of horses from three or more countries with no more than four horses from any one country.

(24) Invitation race means an overnight race to which only those horses named by the racing secretary and listed by the racing secretary with the presiding judge shall be eligible.

(25) Late closing race means a race for a fixed amount to which nominations close fewer than six weeks and more than 10 days before the race is to be contested. The rules herein governing early closing races shall govern late closing races in all respects except that nominations to a late closing race may be taken in a calendar year prior to such race being contested and on the first calendar day of a month in addition to the 15th calendar day.

(26) Length of race. Races or dashes shall be given at a stated distance in units not shorter than one-sixteenth of a mile.

(27) Limited pari-mutuel meeting. The Orange County Driving Park Association Meeting, held in Goshen, is, for the purposes of this Subchapter, considered a limited pari-mutuel meeting.

(28) Maiden means a horse that has never won a heat or race for a purse at the gait at which it is declared to start. Races or purses awarded to a horse after the "Official" sign has been posted shall not affect such horse's status as a maiden.

(29) Match race means a race that has been arranged and the conditions of the race agreed upon between the contestants.

(30) Matinee race means a race with no declaration fee and where the premiums, if any, are other than money.

(31) Named race means an invitation race.

(32) New York State sire races means races that are conducted pursuant to conditions and rules promulgated or approved by the Agriculture and New York State Horse Breeding Development Fund and the commission. No track licensee shall designate races by such title or a similar title without express approval of said fund and the commission.

(33) Number of heats. If no distance or number of heats are specified in the conditions, all races shall be one heat at a mile.

(34) Nomination means the naming of a horse or such horse's foal in utero to compete in a specific race or a series of races, eligibility for which is conditioned upon the payment of a fee at the time of the naming, the payment of subsequent sustaining fees and/or a starting fee.

(35) Overnight event means a race for which declarations 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.

(36) Paddock means an enclosure to which horses scheduled to compete in a race program are confined prior to racing.

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

(38) Public trainer means one who trains as an independent contractor rather than as an employee.

(39) Racetrack operator means the corporation, associatio n or other business entity that is licensed or otherwise permitted to manage and operate a race track at which pari-mutuel harness horse racing is conducted in New York State.

(40) Scoring means those preliminary practice starts taken by the horses in a race, after the post parade and before they are called by the starter to line up for the start.

(41) Spouse means a person married to the licensee or applicant or one held out by a person to be his or her spouse.

(42) Stake means a race that will be contested in a year subsequent to such race's closing 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 promotion, breeders or nominators awards belongs 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 a definite purse is offered, same shall be known as a guaranteed stake.

(43) Sulky means a dual shafted, dual wheeled vehicle designed to be drawn by a horse and driven by a person. A sulky shall be not more than 72 inches wide at any point and from the point of such sulky's attachment to the harness to such sulky's most rear point including any protruding seat or other component shall be no longer than 120 inches. The wheels of a sulky shall not exceed 32 inches in diameter. Foot stirrups shall be fitted on each shaft and each shaft shall be attached to the harness on each side of the horse. For good cause shown, and after safety and fairness to competitors is established satisfactorily to the commission by an applicant, the commission may permit minor variations from these requirements.

(44) Suspension, unless otherwise specifically limited, means the unconditional exclusion and disqualification from every phase of harness racing either directly or indirectly, on or off the track, or admission to the track as a patron or otherwise.

(45) Two in three means a race in which a horse must win two heats to be entitled to first money.

(46) Three-heat plan means an event limited to three heats, except if three horses have each won a heat, in which case there shall be a fourth heat to determine the winner.

(47) Walkover means a situation in which only horses in the same interest start. In a stake race, a walkover is entitled to all the stake money and forfeits unless otherwise provided in the published conditions. To claim the purse, the entry must start and go once over the course.

(48) Winner means the horse whose nose reaches the wire first. If there is a dead heat for first, both horses shall be considered winners. Where two horses are tied in the summary, the winner of the longer dash or heat shall be entitled to the trophy. Where the dashes or heats are of the same distance and the horses are tied in the summary, the winner of the faster dash or heat shall be entitled to the trophy.

(49) Wire means a real or imaginary finish line across the track from the photo-finish camera to a point immediately across from the camera and at right angles to the track.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4100.1

Amended New York State Register December 28, 2016/Volume XXXVIII, Issue 52, eff. 12/28/2016

Amended New York State Register January 8, 2019/Volume XLII, Issue 01, eff. 1/8/2020