9 NYCRR Part 4118 - Executive Department

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Source version current through Jul 15, 2022

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9 NYCRR 4118.1 - Purses shall follow race results

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 15, 2022

(a)Unless otherwise specified in the conditions, the purse money shall be divided 50 percent, 25 percent, 12 percent, 8 percent, and 5 percent. All races conducted shall be bona fide contests with the winner in overnight events receiving at least 50 percent of the purse and the balance of the purse distributed according to the order of finish. No agreement, prearrangement, contract or conspiracy for distribution of purses other than that stated in the conditions, or provided in this Subchapter, will be permitted.

(b)Payment of purses.

Unless otherwise directed by the presiding judge or other authorized representative of the commission, all purse checks shall be mailed to the owners of horses earning such purses within 72 hours after the time the race was run.

9 NYCRR 4118.2 - Deductions

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 15, 2022

(a)At a licensed track where there is no provision relating to purse deductions for drivers in an agreement between such track and such track’s horsemen's representative, each driver shall be entitled to five percent of the purse earned by any horse such driver drives at such track, which amount shall be deducted from such purse otherwise payable to the horse's owner (which term shall include lessee, nominator and breeder) and shall be payable directly to said driver by such track at such time as such purse payment is authorized. In the event a purse is thereafter declared forfeit or ordered redistributed, such action shall in like manner affect such five percent allocation, and if previously paid, the driver recipient shall promptly repay such sum to such track. Any private agreement with a driver relating to driver compensation shall not affect the track's responsibility herein to pay said driver's five percent allocation. At a licensed track where there is any provision relating to purse deductions for drivers in an agreement between such track and such track’s horsemen's representative, this rule shall not apply.

(b)Except as provided in subdivision (a) of this section, all purses contested for shall be distributed according to the conditions of the race and no deduction, voluntary or involuntary, may be made from any purse or stake or futurity other than for payments to be made to owners, nominators or breeders of money-winning horses and organization or promotion expenses stipulated for stakes and futurities.

(c)At a licensed track where there is no provision relating to purse deductions for trainers, in an agreement between such track and such track’s horsemen's representative, each trainer shall be entitled to five percent of the purse earned by any horse such trainer trains at such track, which amount shall be deducted from such purse otherwise payable to the horse's owner (which term shall include lessee, nominator and breeder) and shall be payable directly to said trainer by such track at such time as such purse payment is authorized. In the event a purse is thereafter declared forfeit or ordered redistributed, such action shall in like manner affect such five-percent allocation, and if previously paid, the trainer recipient shall promptly repay such sum to such track. Any private agreement with a trainer relating to trainer compensation shall not affect the track's responsibility herein to pay said trainer's five percent allocation. At a licensed track where there is any provision relating to purse deductions for trainers in an agreement between such track and such track’s horsemen's representative, this rule shall not apply.

9 NYCRR 4118.3 - Racing inducements

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 15, 2022

No track shall give, promise, loan or offer to any horseman any consideration or thing of value to secure the appearance of a horse or horseman at a track for the purpose of participating in racing except:

(a)purse money distributed according to the posted conditions of a race;

(b)round trip transportation of a horse, such horse’s regular driver and groom, and one ownership interest to and from a track for an international championship and a reasonable subsistence allowance for said persons during the period they are restricted from racing at another track as provided for in section 4118.9 of this Part. If such transportation and subsistence allowance are furnished by a track the cost thereof may be charged by the track, if the parties so agree, against purse winnings, except from said international championship, to the extent of said cost; provided that the track in being reimbursed does not receive more than one half of each said purse won in other races. However, such cost may not be charged against an owner for failing for good cause to enter or start such owner’s horse in any race; and

(c)awards made to drivers of horses breaking or equaling track or world records, or to leading drivers at a race meeting.

9 NYCRR 4118.4 - Acceptance of purse schedule

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 15, 2022

When a licensed harness race track advertises minimum and/or total season's purses to be offered, or a formula whereby such purses shall be determined, the acceptance of stabling at such race meeting by a licensed owner, or trainer shall constitute an agreement to race for such purses or to vacate such stabling promptly.

9 NYCRR 4118.5 - Drivers' and trainers' insurance

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 15, 2022

Every licensed harness race track shall carry policies of insurance providing indemnity to drivers and trainers for injury and hospital expense sustained while racing or training horses at its race meeting. A certificate stating the benefits of such policy shall be prominently displayed in the office of the racing secretary of the meeting.

9 NYCRR 4118.6 - Stall applications

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 15, 2022

All conditions contained in stall applications shall be submitted to the commission for approval prior to issuance or publication.

9 NYCRR 4118.7 - Incomplete finish

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 15, 2022

If there is any premium for which no horse has maintained a position either through failure to start or to finish or through disqualification, such premium shall go to the race winner.

9 NYCRR 4118.9 - Restraints on racing

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 15, 2022

No track may enter a contract that restricts the appearance of a horse at any other track, except that a track, in consideration for transportation afforded to participate in an international championship race may bind a horse to appear and start (if at all) at its track only for such race and a period of 10 consecutive days prior to and 15 consecutive days subsequent to such race.

9 NYCRR 4118.10 - International championships

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 15, 2022

A track may schedule only one international championship at each gait in any racing year. The conditions for such event must be submitted to the commission for approval not less than 30 days prior to the date scheduled. Such conditions shall state the date and distance of the event, the purse, the method to be used in selecting starters, the number of starters, and any other special conditions. Any contract made between a track and a horseman concerning such international championship must be in writing and must be filed by the track with the commission within 30 days of its execution.

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