W. Va. Code R. § 178-5-4

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 178-5-4 - Totalisator System

4.1. The West Virginia Racing Commission shall license an association to hold a race meet only after a totalisator system and personnel approved by the Racing Commission, have been installed and employed to process the pari-mutuel wagering. The totalisator board's data shall cycle at least once every sixty (60) seconds.

4.1.a. All totalisator operators shall inform the Racing Commission of planned totalisator program modifications by completing the formal modification form which is supplied by the Racing Commission and sending the form to the Racing Commission at least two (2) weeks in advance of performing a software modification or change. In emergency situations, where programs are modified in response to operational problems, the form shall be prepared and forwarded to the Racing Commission immediately after the modification has been made. This form, too, is applicable when an association plans or makes hardware or peripheral equipment changes.

4.1.b. Totalisator operators shall undertake appropriate procedures in the presence of Racing Commission and association personnel to test software modifications and make available to the Racing Commission, upon request, documentation of testing procedures and results including production of all affected reports. The Racing Commission reserves the right to review the test procedures and results prior to installation of a new version of a totalisator system within the State, upon the modification of existing systems or at any other time or under any other circumstances desired.

4.1.c. All totalisator operators shall provide the Racing Commission with a list of representatives authorized to have access to the totalisator room.

4.1.d. All totalisator operators shall maintain, in conjunction with the association, a control log of keys and access cards to the totalisator room and detail to whom the keys or access cards are assigned. When a person possessing a key or access card to the totalisator room is no longer employed, the key or access card shall be surrendered. All keys and access cards providing entry to the totalisator room shall be non-duplicable.

4.1.e. The associations shall submit to the Racing Commission for prior approval a list of all persons and their duties who are to have access to the totalisator room. Racing Commission employees shall be included among the authorized persons.

4.1.f. Associations shall maintain appropriate facilities and enforce adequate procedures to insure the security of paper stock used for producing mutuel tickets. Specifically, locked storage facilities shall be maintained for all ticket paper storage.

4.1.g. All totalisator systems shall maintain at least two (2) independent sets of pool totals for comparison. In the event that a difference in final pool totals is encountered and it cannot be ascertained which pool is correct, the higher pool total shall be used in all calculations, including pay-out, commissions, etc. Any waiver provided to this subdivision shall be considered only after a written request is made by the totalisator company to the Racing Commission detailing all the facts and circumstances for exemption of this subdivision. In any event, final approval or disapproval rests with the Racing Commission in granting or not granting a waiver.

4.1.h. The sell/cash totalisator system shall have the capability to produce, upon request of the Racing Commission, a listing of the daily cashed tickets and "outs" tickets cashed by a seller-cashier, sorted by unique ticket number or time of cashing for each performance.

4.1.h.1. The association, upon request of the Racing Commission, shall produce by the unique ticket number:

4.1.h.1.A. the corresponding daily cashed ticket requested by the Racing Commission; and

4.1.h.1.B. the corresponding cashed "outs" ticket requested by the Racing Commission.

4.1.h.2. issued tickets may be canceled only under the following conditions:

4.1.h.2.A. Where there was an error on the part of the seller or when a patron claims that a ticket issued was not the one requested and the claim is made before the patron leaves the seller's window or subsequently when the claim is approved by the association mutuel manager or his or her designee;

4.1.h.2.B. The ticket issuing machine has not been locked by issue of the "stop betting" command; and

4.1.h.2.C. The race for which the ticket was purchased has not officially started.

4.1.i. The seller-cashier shall retain and account for all cashed, refunded and cancelled tickets. These cashed, refunded and cancelled tickets shall be retained by the association for a period of one (1) year from the date of filing of the outs ledger at the end of the ninety (90) days outs period with the Racing Commission or until all audit tests have been completed and a letter from the Racing Commission has been issued allowing for their disposal, whichever occurs first. The retention period for cashed, refunded and cancelled tickets is also applicable to used computer printouts as well as all other hard copy information described in this rule as well as any other data generated by the computers and terminals that are related directly or indirectly to the pari-mutuel process.

4.1.i.1. In the event a cashed ticket cannot be produced by the association prior to the date when disposal of the ticket is allowed, then the association shall pay to the Racing Commission the money equal to the amount of the ticket's winnings. The Racing Commission shall treat the payment as if it were money represented by the unclaimed, uncashed or abandoned ticket pursuant to W. Va. Code § 19-23-13.

4.1.i.2. The association must present to the Racing Commission's auditor of pari-mutuel wagering all manually cashed and manually cancelled pari-mutuel tickets for inspection upon request. The association's failure to produce a manually cashed and manually cancelled pari-mutuel ticket shall result in the association providing the monetary value of the pari-mutuel ticket to the Racing Commission.

4.1.j. Usage and storage of modem:

4.1.j.1. The modem shall be secured in a locked cabinet under the dual control of representatives of the totalisator company and the association.

4.1.j.2. An unpublished telephone line shall also be obtained for the exclusive use of modem sessions and the number shall be changed on a periodic basis. The timing, frequency and changing of the numbers are at the sole discretion and direction of the Racing Commission.

4.1.k. Physical security of the computer room:

4.1.k.1. A fire extinguisher specifically designed for electronic data processing equipment shall be installed at various key locations;

4.1.k.2. Glass windows permitting public viewing of computer room operations shall be composed of shatterproof glass; and

4.1.k.3. Backup tapes for production data and program files shall be stored in a protected area that is fireproof and secure.

4.1.l. Maintenance of emergency electrical generator:

4.1.l.1. The association shall start and test weekly the back-up electrical generator to ascertain its reliability in the event of a power failure.

4.1.l.2. The testing shall be logged in a record to be maintained by the association and to be made available to the Racing Commission upon request.

4.2. Each racing association shall in all cases of a pari-mutuel pool distribute not less than one dollar and ten cents ($1.10) on each winning one dollar ($1.00) wager.

4.2.a. The minimum straight wager shall be one dollar ($1.00). For multiple wagers, the association may accept wagers in multiples of ten cents (10¢) or twenty-five cents (25¢), upon approval of the Commission's executive director, provided that the total amount wagered is not less than one dollar ($1.00).

4.3. An immediate distribution by the association of all pari-mutuel pools shall be made upon the posting of the "official sign" for each race. Any subsequent change in the order of finish after the posting of the "official sign" shall not affect the association's posted pay-off prices.

4.4. Two or more contestants entered in a race that are owned or leased in whole or in part by the same owner or are trained by a trainer who owns or leases any interest in any of the other contestants in a race, shall be coupled as an "entry," except that such entries may be uncoupled in stakes races, futurities or other special events. A pari-mutuel wager on any one of the contestants in the coupled entry is considered wagering on the entire coupled entry. There shall be no refunds when at least one contestant in a coupled entry remains entered in a race, although others in the coupled entry are scratched or excused from the race.

4.5. The association shall make refunds to the patrons when contestants are scratched prior to being locked in the gate. If the scratched number of contestants results in an insufficient number of required contestants for show or place betting, then entire refunds shall be made of the show or place pools.

4.6. If any contestant is excused by the stewards or the judges after the contestants have left the paddock for the post, the money bet on any excused contestants shall be deducted from the pool and refunded to the purchaser or purchasers of tickets on the excused contestants: Provided, That after the start, there shall be no refund, except for non-starters declared by the stewards or judges when the gate fails to open.

4.7. All payments to holders of tickets entitled to share in the distribution of the respective pools shall be in proportion to their investment in the contestants sharing in the distribution from these pools; reference to payments out of pools, meaning the distributable portion thereof; but refunds, when made, include all the money in the pool or pools to which they apply.

4.8. The association shall add any underpayment to the patrons when there is an error in calculation to the comparable pool in a succeeding race. The association's share shall be charged for any overpayment when there is an error in a calculation.

4.9. No association shall recognize either during the course of a race meeting or thereafter, any claim on pari-mutuel tickets unless a valid pari-mutuel ticket is presented. To be considered a valid pari-mutuel ticket the ticket should have been issued by a pari-mutuel ticket machine operated by the association and recorded as a ticket entitled to a share of the pari-mutuel pool and contain imprinted information as to:

4.9.a. The name of the association operating the meeting;

4.9.b. The date of the wagering transaction;

4.9.c. A unique identifying number or code;

4.9.d. The race number for which the pool is conducted;

4.9.e. The type or types of wager represented;

4.9.f. The number or numbers representing the wagering interests for which the wager is recorded; and

4.9.g. The amount or amounts of the contributions to the pari-mutuel pool for which the ticket is evidence.

4.10. The association may pay no mutilated ticket if the unique identifying number or code is missing. No pari-mutuel ticket recorded or reported as previously paid, canceled or non-existent shall be considered a valid pari-mutuel ticket by the association.

4.11. The stewards or the judges shall close and lock all mutuel machines at the scheduled post time as shown on the field mutuel board.

4.12. Each association shall maintain a suitable electric apparatus for locking the totalisator windows. It shall be operated from the stewards' or judges' stand by one (1) of the stewards or judges designated for this duty.

4.13. While the betting is in progress, there shall be frequent posting of the approximate odds on the contestants taking part in the race, "entries" being listed on the odds board as one (1) contestant, and, likewise, the "field" when either or both are a part of the race.

4.14. A suitable apparatus shall be provided whereby notice is given to the mutuel department:

(1) that the contestants that are to run are on the track after leaving the paddock;

(2) that they are parading;

(3) that the lead contestant has just reached the starting gate; and

(4) that the contestants are off.

4.15. Totalisator adjustments shall be summarized at the close of each meeting, and, if the net result is a credit to the company operating the totalisator, then the auditor of pari-mutuel wagering shall obtain a check from the company for the amount of the net credit, made payable to the West Virginia Racing Commission, which the Racing Commission shall deposit with the State Treasurer.

4.16. No association holding a race meeting under a license issued by the West Virginia Racing Commission shall permit bets to be made on the grounds of the association on any race run outside of the grounds and no foreign book or gambling device of any kind is be permitted on the grounds.

W. Va. Code R. § 178-5-4