23 CAR § 357-105. Duties and obligations

(a)(1) No applicant, officer, director, or principal stockholder of the applicant, nor any officer or director of any corporation which is a principal stockholder of the applicant, nor any spouse or lineal heir of any such person, nor any corporation in which the applicant or an officer, director, or principal stockholder of the applicant holds stock, shall, directly or indirectly, in the name of or on behalf of the applicant, promise or offer to give or cause or procure to be promised, offered, or given, any money, goods, present, or reward, or any promise, contract, undertaking, obligation, or security for the payment or delivery of any goods, money, present, or reward or any other thing of value whatsoever, to: (A) Any member of the Arkansas Racing Commission; (B) Employees of the commission; or (C) Any spouse, lineal heir, or employee of any member of the commission or any corporation in which any member of the commission is a principal stockholder, with the intent to influence the action or decision of any such person on any question, matter, cause, or proceeding concerning the applicant, which may be pending or which may hereafter in the future be brought before any such person in his official capacity. (2) No officer, director, or principal stockholder of the applicant, nor any officer or director of any corporation which is a principal stockholder of the applicant, nor any spouse or lineal heir of any such person, nor any corporation in which an officer, director, or principal stockholder is a principal stockholder shall: (A) Contract with the applicant, except for bona fide contract for salaries for directors and officers actually serving as such or for professional services actually rendered; or (B) Provide goods or services that are ultimately sold to applicant's patrons. (3) Upon application to the commission, but prior to entering into any such contract or doing any such business or making any such payment or contribution, the provisions of subdivisions (a)(1) and (2) of this section may be waived by the commission in its discretion if the proposed contract or the proposed business or any proposed payment or contribution is under the circumstances advantageous to the applicant in the conduct of its business of thoroughbred horse racing. (4) No license shall be granted to any applicant if the applicant or any officer, director, or principal stockholder of the applicant has been convicted of a felony by any court of record of any state or country. (b) No applicant shall enter into any contract in which the term exceeds three (3) years or the consideration exceeds five percent (5%) of the net income of the applicant for the year immediately preceding the date of the contract without first submitting advance written notice thereof to the commission. (c) Minutes of the meetings of stockholders and directors of the applicant shall be made available to the commission, but copies thereof need not be filed as a matter of record in the office of the commission. (d)(1) The original and six (6) copies of all applications, notices, and other matters required by this part shall be filed with the: Arkansas Racing Commission 1515 Building 1515 West 7th Street, Suite 505 Little Rock, Arkansas 72203 (Post Office Box 3076, Little Rock, Arkansas, 72203) (2) One (1) additional copy shall be submitted to each commissioner at the commissioner’s address of record on file in the office of the commission. (3) All applications, notices, and other matters shall be verified, under oath, and all copies shall be manually signed in ink. (e) Members of the commission and its designated representatives shall have the right of full and complete entry to any and all parts of the grounds and facilities of the franchise holder licensed to conduct racing in Arkansas. (f) Each franchise holder shall provide and install within its grounds: (1) An office for the use of the commission and its officials; (2) Stands for racing officials, which shall be maintained in positions commanding an uninterrupted view of the entire racing strip and which shall be subject to approval of the commission; (3) A suitable telephone system between the racing officials; and (4) A first aid room in the grandstand. (g)(1) No franchise holder shall permit the making of handbooks on the grounds. (2) Any person who bets with or through any such handbook shall be ejected from the grounds and refused admission to the grounds of all other licensed franchise holders in Arkansas, and in the case of an owner or trainer, the entries of said owner or trainer shall be refused for all Arkansas tracks. (h)(1)With prior approval of the commission and consistent with applicable federal law, a franchise holder may enter into agreements and arrangements with other parties pursuant to which its patrons may wager on races run at other racetracks which are shown live by television or otherwise at locations on the grounds at the Arkansas racetrack at any time or times during the calendar year, and agreements and arrangements whereby its races are shown live at other racetracks and locations. Such agreements and arrangements shall specify all financial, wagering, distribution, and other details, which shall govern. (2) The franchise holder may conduct pari-mutuel wagering at locations on the grounds of the licensed racetrack of the franchise holder on races run at other racetracks, even if the races are not shown live to patrons at the franchise holder's premises for any reason, including, but not limited to, lapses in satellite transmission, power outage, store-and-forward digital network nodes, buffering spooling, or other electronic delays or re-transmission, or due to races being run at times when the franchise holder's premises are not open to the public; provided that transmission delays or replays shall not compromise the integrity of pari-mutuel wagering by the franchise holder's patrons wagering on such races, and provided that the terms, conditions, formats, content, and agreements relating to such races and any delays or replays thereof must be satisfactory to the commission. (i) Any official or other employee of a franchise holder or any owner or trainer who unlawfully solicits bets from the public by correspondence or other methods on any entry that is to run on a track in Arkansas shall be suspended. (j) No person who has been convicted of a felony by a court for illegal sales, possession, or giving away of narcotics shall be granted a license without prior approval of the commission. (k) No person or horse ruled off or under suspension by any recognized turf authority, any licensing body in any country or any horse franchise holder, shall be admitted to the grounds of any franchise holder except that a jockey temporarily suspended for a minor offense shall not be denied admittance to the track. (l) When a person is ruled off any course or suspended by any recognized turf authority, any licensing body of any state or country or any thoroughbred horse franchise holder, every horse owned in whole or in part by the person shall be ineligible to be entered or to start in any race until said horse has been reinstated either by the rescission of the owner's suspension or by its transfer through bona fide sale to an ownership acceptable to the stewards. (m)(1) When a person is ruled off any course or suspended by any recognized turf authority, any licensing body of any state or country or any thoroughbred horse franchise holder, any horse which is under the person's care, management, training, or superintendence shall not be qualified to be entered or to start in any race until said horse has been reinstated by the rescission of said person's suspension or by the placement of the horse in the hands of a licensed trainer, with such transfer approved by the stewards. (2) If a trainer’s suspension exceeds thirty (30) days, a transfer of the trainer’s horses during the period of suspension to a family member or employee of the trainer will not be approved except under extraordinary circumstances, as determined by the stewards. (n) When a person is ruled off any course or suspended by any recognized turf authority, any licensing body of any country, or any racing franchise holder, the person shall not be qualified, whether acting as an agent or otherwise, to subscribe for or to enter or run any horse in any race either in his or her own name or in that of any other person until the rescinding of that person's suspension. (o) A thoroughbred horse or stable ruled off or under suspension by any recognized turf authority, any licensing body of any state or country, or any racing franchise holder shall not be permitted to race on any Arkansas track where this part is in force during the continuance of such ruling. (p) During the term of disqualification of any participant in racing, it shall be the duty of the franchise holder to see to it that the privileges of the participant's admission badge are revoked and that the participant is kept off of the grounds, unless otherwise permitted to enter under certain conditions and at certain times as may be provided for elsewhere in this part. (q) Violators of any rule will be subject to ejection from the grounds and/or to fine, suspension, or ruling off. (r) Each franchise holder shall police its grounds at all times in such a manner as to preclude the admission of any person in and around the stables excepting those having bona fide business or duly licensed by the commission. (s) Each franchise holder shall furnish to the commission the names and addresses of all persons ejected by the franchise holder from its grounds, together with the offense or offenses alleged against them and any other material information relating thereto. (t) The officials of the race meetings, in making decisions, shall be guided by the practices and procedures that are recognized and established in the conduct of all properly authorized race meetings. (u) Racing franchise holders shall exclude from the paddock, in the interest of public safety, all those persons who have no immediate business with the entries, except the members of the commission, its staff and special representatives, and those having special permission from the franchise holder. (v) Each franchise holder running a race meeting shall keep a separate account to be known as the owner’s account and shall not mingle any of the funds therein with the general funds of the franchise holder. (w) Sufficient funds shall be maintained in said account to cover all moneys due owners in regard to purses, stakes, rewards, and deposits. (x) Racing franchise holders shall make prompt written acknowledgment of stake nominations and subscriptions. (y) All daily programs sold at the racetrack must contain a prominent notice that there is an information window where complaints may be made or filed in writing, and the exact locations of these windows must be set forth in said notice. Daily programs sold during the live racing meet shall contain a: (1) Notice that the racetrack is licensed by the commission and operates under its rules; and (2) Listing of the members and manager of the commission, officers, and directors of the franchise holder, and racing officials for the race meeting. (z) A franchise holder shall maintain in good service a satisfactory totalisator. (aa)(1) The commission may require a franchise holder to install and maintain in good service a satisfactory photographic device, and where installed it shall be required that all finishes be recorded by the said photographic devices. (2) However, in the event of any mechanical difficulty or insufficient light for a picture to be taken, the Placing Judges shall decide the order of finish, which decision shall be final. (bb) When finishes are so recorded, each entry in each race shall wear a number of adequate size on the side which at the finish will be towards the camera, corresponding to his number on the official program. (cc)(1) All portions of purse money earned by horses competing in stakes races shall be made available to the owners of such horse following the clearance of chemical analysis results from those horses who have undergone chemical analysis in such stakes races. (2) All portions of purse money for horses running in overnight races shall be made available to the owners of such horses on the next racing day following the day such horses competed and earned purse money. (3) Provided, however, any purse money earned by any horse in any race may be ordered by the stewards to be withheld, pending a hearing and resolution of all appeals, should the chemical analysis of the horse indicate the presence of a drug, except as allowed in 23 CAR § 357-108, or for any other good cause indicating that the horse involved (or its owner, trainer, or jockey) may have violated any rule of the commission, or otherwise engaged in any conduct which reasonably warrants withholding the purse under the circumstances. (4) Provided, further, however, should the chemical analysis of any sample of a horse entitled to a share of the purse indicate the presence of a drug, except as allowed by 23 CAR § 357-108, the purse may be revoked at any time up to nine (9) months following the race and ordered redistributed by the commission. (5) The failure of the owner or jockey of the horse testing positive for the presence of a drug to repay the funds to the proper person or persons as ordered by the commission shall result in the suspension and/or revocation of the owner’s or jockey’s license. (6) The money shall be repaid to the proper person or persons for distribution as soon as possible after recovery. (7) After the period of nine (9) months following the race, all tests and obligations shall be void. (dd)(1)Every franchise holder shall carry on its books an account which shows the total due on outstanding unredeemed mutuel tickets, which represents the winning tickets not presented for payment. Further, every franchise holder shall at all times maintain adequate funds to pay said outstanding tickets. (2) Live races. (A) With respect to live races run at the franchise holder's racing facility during the franchise holder's live race meeting, all winning pari-mutuel tickets not presented to the franchise holder for redemption on or before the one hundred eightieth day next following the last racing day of the live racing meet shall be void as provided in Arkansas Code § 23-110-406(b). (B) All moneys represented by such void pari-mutuel tickets shall be distributed as provided in Arkansas Code § 23-110-406(b). (3) Simulcast races. (A) With respect to races run at other racing facilities and simulcast at the franchise holder's racing facility, all winning pari-mutuel tickets on such simulcast races run on or after the first day of the live racing meet through the last day of the live racing meet (the "last live race meeting day") not presented to the franchise holder for redemption on or before the one hundred eightieth day next following such last live race meeting day shall be void, and all winning pari-mutuel tickets with respect to such simulcast races run after the last live race meeting day through the day immediately preceding the first day of the next live racing meet (such day immediately preceding the first day of the next live racing meet hereafter referred to as the "last simulcast season day") not presented to the franchise holder for redemption on or before the one hundred eightieth day next following such last simulcast season day shall be void. (B) All moneys represented by any such void pari-mutuel tickets shall be distributed by the franchise holder as provided in Arkansas Code § 23-110-406(b) in the same manner as uncashed winning pari-mutuel tickets with respect to live races run at the franchise holder's racing facility. (ee) No person shall be allowed to wager in violation of any law of the State of Arkansas.