230.210 Definitions for chapter.
As used in this chapter, unless the context requires otherwise: <br>(1) "Association" means any person licensed by the Kentucky Horse Racing
Commission under KRS 230.300 and engaged in the conduct of a recognized horse <br>race meeting;
(2) "Racing Commission" means the Kentucky Horse Racing Commission; <br>(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 <br>requirements of and registered with The Jockey Club of New York) and is mounted <br>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 <br>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 Commission, and may include <br>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
Commission to conduct horse racing. "Track" shall include any facility or real <br>property that is owned, leased, or purchased by a track within the same geographic <br>area within a sixty (60) mile radius of a track but not contiguous to track premises, <br>upon racing commission approval, and provided the noncontiguous property is not <br>within a sixty (60) mile radius of another licensed track premise where live racing is <br>conducted and not within a forty (40) mile radius of a simulcast facility, unless any <br>affected track or simulcast facility agrees in writing to permit a noncontiguous <br>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 <br>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 <br>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 <br>the regulatory criteria for granting an association license of the same breed as the <br>host track, and shall have a heated and air-conditioned facility that meets all state <br>and local life safety code requirements and seats a number of patrons at least equal <br>to the average daily attendance for intertrack wagering on the requested breed in the <br>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 <br>direct telephone call or by communication through other electronic media owned by <br>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 <br>conduct a horse race meeting or an applicant for a license to conduct a horse race <br>meeting: <br>(a) The chairman and all members of the board of directors of a corporation; <br>(b) All partners of a partnership and all participating members of a limited
liability company;
(c) All trustees and trust beneficiaries of an association; <br>(d) The president or chief executive officer and all other officers, managers, and
employees who have policy-making or fiduciary responsibility within the <br>organization;
(e) All stockholders or other individuals who own, hold, or control, either directly
or indirectly, five percent (5%) or more of stock or financial interest in the <br>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 <br>over the applicant's or licensee's operation;
(18) "Kentucky Quarter Horse Purse Program" means a purse program established to
receive funds from the racing commission for purse programs established in KRS <br>230.3771(4) to supplement purses for quarter horse races. The purse program shall <br>be administered by the Kentucky Quarter Horse Racing Association;
(19) "Advance deposit account wagering" means a form of pari-mutuel wagering in
which an individual may establish an account with a person or entity licensed by the <br>racing commission, and may place a pari-mutuel wager through that account that is <br>permitted by law;
(20) "Advance deposit account wagering licensee" means a person or entity licensed by
the racing commission to conduct advance deposit account wagering and accept <br>deposits and wagers, issue a receipt or other confirmation to the account holder <br>evidencing such deposits and wagers, and transfer credits and debits to and from <br>accounts; and
(21) "Secondary pari-mutuel organization" or "SPMO" means an advance deposit
account wagering licensee, a hub as defined in KRS 230.775, or any entity other <br>than a licensed association or simulcast facility that offers and accepts pari-mutuel <br>wagers. "SPMO" includes any off-track wagering system or advance deposit <br>account wagering system, regardless of whether the off-track or advance deposit <br>account wagering system is affiliated with a licensed association.
Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 443, effective July 15, 2010. -- Amended
2009 Ky. Acts ch. 80, sec. 1, effective June 25, 2009. -- Amended 2004 Ky. Acts <br>ch. 191, sec. 2, effective July 13, 2004. -- Amended 2003 Ky. Acts ch. 104, sec. 1, <br>effective June 24, 2003. -- Amended 1998 Ky. Acts ch. 237, sec. 3, effective July 15, <br>1998. -- Amended 1992 Ky. Acts ch. 109, sec. 11, effective March 30, 1992. -- <br>Amended 1986 Ky. Acts ch. 214, sec. 2, effective July 15, 1986. -- Amended 1974 <br>Ky. Acts ch. 403, sec. 1. -- Created 1960 Ky. Acts ch. 184, sec. 1, effective June 16, <br>1960.
Legislative Research Commission Note (7/15/20100). In subsection (2) of this statute,
"Kentucky Horse Racing Authority" has been changed in codification to "Kentucky <br>Horse Racing Commission" to correct an oversight in 2010 Ky. Acts ch. 24, sec. 443, <br>which confirmed Executive Order 2009-535, including the renaming of the authority. <br>This action was taken pursuant to 2010 Ky. Acts ch. 24, sec. 1938.
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