Abstract: 528.110 Horse races, messenger betting prohibited -Exception. (1) Any person who, either for himself or as agent or employee of another, wagers money or anything of value on a horse race run or about to be run or advertised, posted or reported as being run at any race track in or out of this state,
http://www.lrc.ky.govhttp://www.lrc.ky.gov/krs/528-00/110.pdf
230.210 Definitions for chapter.
As used in this chapter, unless the context requires otherwise:
(1) "Association" means any person licensed by the Kentucky Horse Racing Authority
under KRS 230.300 and engaged in the conduct of a recognized horse race meeting;
(2) "Authority" means the Kentucky Horse Racing Authority;
(3) "Thoroughbred race or thoroughbred racing" means a form of horse racing in which
each horse participating in the race is a thoroughbred, (i.e., meeting the
requirements of and registered with The Jockey Club of New York) and is mounted
by a jockey;
(4) "Harness race" or "harness racing" means trotting and pacing races of the
standardbred horses;
(5) "Appaloosa race or Appaloosa racing" means that form of horse racing in which
each horse participating in the race is registered with the Appaloosa Horse Club of
Moscow, Idaho, and is mounted by a jockey;
(6) "Horse race meeting" means horse racing run at an association licensed and
regulated by the Kentucky Horse Racing Authority, and may include thoroughbred,
harness, and quarter horse racing;
(7) "Quarter horse" means a horse that is registered with the American Quarter Horse
Association of Amarillo, Texas;
(8) "Arabian" means a horse that is registered with the Arabian Horse Registry of
Denver, Colorado;
(9) "Track" means any association duly licensed by the Kentucky Horse Racing
Authority to conduct horse racing. "Track" shall include any facility or real property
that is owned, leased, or purchased by a track within the same geographic area
within a sixty (60) mile radius of a track but not contiguous to track premises, upon
authority approval, and provided the noncontiguous property is not within a sixty
(60) mile radius of another licensed track premise where live racing is conducted
and not within a forty (40) mile radius of a simulcast facility, unless any affected
track or simulcast facility agrees in writing to permit a noncontiguous facility within
the protected geographic area;
(10) "Simulcast facility" means any facility approved pursuant to the provisions of KRS
230.380 to simulcast racing and conduct pari-mutuel wagering;
(11) "Simulcasting" means the telecast of live audio and visual signals of horse races for
the purpose of pari-mutuel wagering;
(12) "Intertrack wagering" means pari-mutuel wagering on simulcast horse races from a
host track by patrons at a receiving track;
(13) "Interstate wagering" means pari-mutuel wagering on simulcast horse races from a
track located in another state or foreign country by patrons at a receiving track or
simulcast facility;
(14) "Host track" means the track conducting racing and offering its racing for intertrack
wagering, or, in the case of interstate wagering, means the Kentucky track
conducting racing and offering simulcasts of races conducted in other states or
foreign countries;
(15) "Receiving track" means a track where simulcasts are displayed for wagering
purposes. A track that submits an application for intertrack wagering shall meet all
the regulatory criteria for granting an association license of the same breed as the
host track, and shall have a heated and air-conditioned facility that meets all state
and local life safety code requirements and seats a number of patrons at least equal
to the average daily attendance for intertrack wagering on the requested breed in the
county in which the track is located during the immediately preceding calendar year;
(16) "Telephone account wagering" means a form of pari-mutuel wagering where an
individual may deposit money in an account at a track and may place a wager by
direct telephone call or by communication through other electronic media owned by
the holder of the account to the track;
(17) "Principal" means any of the following individuals associated with a partnership,
trust, association, limited liability company, or corporation that is licensed to
conduct a horse race meeting or an applicant for a license to conduct a horse race
meeting:
(a) The chairman and all members of the board of directors of a corporation;
(b) All partners of a partnership and all participating members of a limited
liability company;
(c) All trustees and trust beneficiaries of an association;
(d) The president or chief executive officer and all other officers, managers, and
employees who have policy-making or fiduciary responsibility within the
organization;
(e) All stockholders or other individuals who own, hold, or control, either directly
or indirectly, ten percent (10%) or more of stock or financial interest in the
collective organization; and
(f) Any other employee, agent, guardian, personal representative, or lender or
holder of indebtedness who has the power to exercise a significant influence
over the applicant's or licensee's operation; and
(18) "Kentucky Quarter Horse Purse Program" means a purse program established to
receive funds from the authority for purse programs established in KRS
230.3771(4) to supplement purses for quarter horse races. The purse program shall
be administered by the Kentucky Quarter Horse Racing Association.
Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 191, sec. 2, effective July 13, 2004. -- Amended
2003 Ky. Acts ch. 104, sec. 1, effective June 24, 2003. -- Amended 1998 Ky. Acts
ch. 237, sec. 3, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 109, sec. 11,
effective March 30, 1992. -- Amended 1986 Ky. Acts ch. 214, sec. 2, effective July
15, 1986. -- Amended 1974 Ky. Acts ch. 403, sec. 1. -- Created 1960 Ky. Acts
ch. 184, sec. 1, effective June 16, 1960.
230.215 Legislative purpose for chapter -- Authority's power to exclude
undesirables.
(1) It is the policy of the Commonwealth of Kentucky, in furtherance of its
responsibility to foster and to encourage legitimate occupations and industries in the
Commonwealth and to promote and to conserve the public health, safety, and
welfare, and it is hereby declared the intent of the Commonwealth to foster and to
encourage the horse breeding industry within the Commonwealth and to encourage
the improvement of the breeds of horses. Further, it is the policy and intent of the
Commonwealth to foster and to encourage the business of legitimate horse racing
with pari-mutuel wagering thereon in the Commonwealth on the highest possible
plane. Further, it hereby is declared the policy and intent of the Commonwealth that
all racing not licensed under this chapter is a public nuisance and may be enjoined
as such. Further, it is hereby declared the policy and intent of the Commonwealth
that the conduct of horse racing, or the participation in any way in horse racing, or
the entrance to or presence where horse racing is conducted, is a privilege and not a
personal right; and that this privilege may be granted or denied by the authority or
its duly approved representatives acting in its behalf.
(2) It is hereby declared the purpose and intent of this chapter in the interest of the
public health, safety, and welfare, to vest in the authority forceful control of horse
racing in the Commonwealth with plenary power to promulgate administrative
regulations prescribing conditions under which all legitimate horse racing and
wagering thereon is conducted in the Commonwealth so as to encourage the
improvement of the breeds of horses in the Commonwealth, to regulate and
maintain horse racing at horse race meetings in the Commonwealth of the highest
quality and free of any corrupt, incompetent, dishonest, or unprincipled horse racing
practices, and to regulate and maintain horse racing at race meetings in the
Commonwealth so as to dissipate any cloud of association with the undesirable and
maintain the appearance as well as the fact of complete honesty and integrity of
horse racing in the Commonwealth. In addition to the general powers and duties
vested in the authority by this chapter, it is the intent hereby to vest in the authority
the power to eject or exclude from association grounds or any part thereof any
person, licensed or unlicensed, whose conduct or reputation is such that his
presence on association grounds may, in the opinion of the authority, reflect on the
honesty and integrity of horse racing or interfere with the orderly conduct of horse
racing.
Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 191, sec. 44, effective July 13, 2004. -- Amended
1992 Ky. Acts ch. 109, sec. 12, effective March 30, 1992. -- Amended 1986 Ky. Acts
ch. 296, sec. 3, effective July 15, 1986. -- Amended 1974 Ky. Acts ch. 164, sec. 1;
and ch. 403, sec. 2. -- Created 1970 Ky. Acts ch. 156, sec. 1.
230.225 Kentucky Horse Racing Authority -- Membership -- Terms --
Compensation -- Office -- Meetings -- Administrative regulations.
(1) The Kentucky Horse Racing Authority is created as an independent agency of state
government to regulate the conduct of horse racing and pari-mutuel wagering on
horse racing, and related activities within the Commonwealth of Kentucky. The
authority shall be attached to the Environmental and Public Protection Cabinet for
administrative purposes.
(2) The Kentucky Horse Racing Authority shall consist of thirteen (13) members
appointed by the Governor, with the secretaries of the Environmental and Public
Protection Cabinet, Commerce Cabinet, and Economic Development Cabinet
serving as ex officio, nonvoting members. Two (2) members shall have no financial
interest in the business or industry regulated. The members of the authority shall be
appointed to serve for a term of three (3) years except, of the members initially
appointed, four (4) shall serve for a term of three (3) years, five (5) shall serve for a
term of two (2) years, and four (4) shall serve for a term of one (1) year. Any
member appointed to fill a vacancy occurring other than by expiration of a term
shall be appointed for the remainder of the unexpired term. In making
appointments, the Governor may consider members broadly representative of the
thoroughbred industry and members broadly representative of the standardbred,
quarter horse, Appaloosa, or Arabian industries. The Governor may also consider
recommendations from the Kentucky Thoroughbred Owners and Breeders, Inc., the
Kentucky Division of the Horsemen's Benevolent and Protective Association, the
Kentucky Harness Horsemen's Association, and other interested organizations.
(3) Members of the authority shall receive fifty dollars ($50) per day for each meeting
attended and shall be reimbursed for all expenses paid or incurred in the discharge
of official business. The Governor shall appoint one (1) member of the authority to
serve as its chairperson who shall serve at the pleasure of the Governor. The
Governor shall further designate a second member to serve as vice chair with
authority to act in the absence of the chairperson. Before entering upon the
discharge of their duties, all members of the Kentucky Horse Racing Authority shall
take the constitutional oath of office.
(4) The authority shall establish and maintain a general office for the transaction of its
business and may in its discretion establish a branch office or offices. The authority
may hold meetings at any of its offices or at any other place when the convenience
of the authority requires. All meetings of the authority shall be open and public, and
all persons shall be permitted to attend meetings. A majority of the authority shall
constitute a quorum for the transaction of its business or exercise of any of its
powers.
(5) The duly promulgated administrative regulations of the Kentucky Horse Racing
Authority, in effect as of January 6, 2004, shall remain in effect as the initial
regulations of the Kentucky Horse Racing Authority until revoked or modified by
the authority.
(6) All licenses approved by, and dates awarded by, the Kentucky Horse Racing
Authority shall remain in effect through December 31, 2004.
(7) Except as otherwise provided, the authority shall be responsible for the following:
(a) Developing programs and procedures for oversight and regulation of horse
racing matters, including but not limited to race day medications;
(b) Recommending tax incentives and other options to promote the strength and
growth of the thoroughbred industry and to preserve the economic viability of
Kentucky's horse farms;
(c) Designing and implementing programs that strengthen the ties between
Kentucky's horse industry and the state's universities, with the goal of
increasing the horse industry's impact on the state's economy;
(d) Developing and supporting programs which ensure that Kentucky remains a
national leader in equine research; and
(e) Developing and implementing programs that promote Kentucky's horse and
tourism industry.
Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 191, sec. 3, effective July 13, 2004. -- Created
1992 Ky. Acts ch. 109, sec. 1, effective March 30, 1992.
230.990 Penalties.
(1) Any person who violates KRS 230.070 or KRS 230.080(3) shall be guilty of a Class
D felony.
(2) Any person who violates KRS 230.090 shall be guilty of a Class A misdemeanor.
(3) Any person who violates KRS 230.680 shall be guilty of a Class A misdemeanor.
(4) Any person who refuses to make any report or to turn over sums as required by
KRS 230.361 to 230.373 shall be guilty of a Class A misdemeanor.
(5) Any person failing to appear before the authority at the time and place specified in
the summons issued pursuant to KRS 230.260(7), or refusing to testify, shall be
guilty of a Class B misdemeanor. False swearing on the part of any witness shall be
deemed perjury and punished as such.
(6) (a) A person is guilty of tampering with or interfering with a horse race when,
with the intent to influence the outcome of a horse race, he uses any device,
material, or substance not approved by the Kentucky Horse Racing Authority
on or in any participant involved in or eligible to compete in a horse race to be
viewed by the public.
(b) Any person who, while outside the Commonwealth and with intent to
influence the outcome of a horse race contested within the Commonwealth,
tampers with or interferes with any equine participant involved in or eligible
to compete in a horse race in the Commonwealth is guilty of tampering with
or interfering with a horse race.
(c) Tampering with or interfering with a horse race is a Class C felony.
Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 191, sec. 45, effective July 13, 2004. -- Amended
1998 Ky. Acts ch. 342, sec. 1, effective July 15, 1998. -- Amended 1992 Ky. Acts
ch. 109, sec. 37, effective July 14, 1992; ch. 463, sec. 26, effective July 14, 1992. --
Amended 1986 Ky. Acts ch. 214, sec. 14, effective July 15, 1986. -- Amended 1980
Ky. Acts ch. 188, sec. 224, effective July 15, 1980. -- Amended 1978 Ky. Acts
ch. 307, sec. 15, effective June 17, 1978. -- Amended 1966 Ky. Acts ch. 255,
sec. 209. -- Amended 1960 Ky. Acts ch. 184, sec. 17. -- Amended 1950 Ky. Acts
ch. 173, sec. 10. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1,
1942, from Ky. Stat. sec. 1326, 1327, 1328, 3990a-4.
Legislative Research Commission Note (7/14/2000). KRS 230.680, referenced in
subsection (3) of this statute, was repealed by 1992 Ky. Acts ch. 109, sec. 40,
effective March 20, 1992.
|
Golden Casino
Colosseum Casino
Wofacai Casino