Licensee's Duties, Obligations, etc.

(1) Before entering upon the discharge of their duties the following officials employed by the Association shall be licensed by the Commission; association stewards, racing secretaries, handicappers, starters, placing judges, timers/clockers, racing veterinarians, outriders, patrol judges, paddock judges, horse identifiers, clerks of scales, assistant starters, and such other persons as the Commission may designate from time to time because of their importance in the actual conduct of racing. (2) No person younger than 16 years old shall be employed in or about the track of any association, except as may be permitted by M.G.L. c. 149, § 60. (3) It shall be the duty of each and every licensee of the Commission and the officers, officials, and employees of said licensee to observe and enforce 205 CMR 4.00. Any and all of 205 CMR 4.00 may be amended, altered, repealed or supplemented by new and additional rules and regulations, at the discretion of the Commission. Every license to hold a race meeting is granted upon the condition that the licensee therein named shall accept, observe and enforce 205 CMR 4.00. (4) Each Association shall provide and equip a first aid room within its enclosure. (5) Distance poles of all associations licensed by the Commission shall be standard color designations that are, namely: ¼ Poles Red and White c Poles Green and White 1/16 Poles Black and White (6) Each Association running a racing meeting shall keep a separate bank account to be known as the "Horsemen's Account" with at all times sufficient funds in such account to cover all monies due horsemen in regard to purses, stakes, rewards, claims and deposits. Withdrawals from this account shall be only for such purposes and said account shall at all times are subject to audit by the Commission. (7) Members of the Commission and its representatives shall have the right to full and complete entry to any and all points of the grounds of the Association licensed to conduct horse racing in Massachusetts. (8) Each Association conducting racing shall before publishing submit to the Commission, the conditions for all races it proposes to hold, together with the stake, purse or reward, all of which shall be subject to the approval of the Commission. (9) Each Association shall install at the finish line at their track, and shall adequately maintain, two photo finish cameras, to be approved by the Commission, to automatically photograph the finish of races. The official photographer shall furnish promptly to the Commission a print of every photo finish. (10) Each Association shall provide that no person shall be admitted to the stable area and test area unless he or she is wearing an identification badge issued to him or her by the Commission. Each person whose duties or occupation requires their presence in the stable area and test area shall wear his or her identification badge affixed to the outer clothing or otherwise, readily visible in plain view at all times, while in the stable area and other restricted areas. The Commission will hold the Association to strict accountability for full compliance with the provisions of 205 CMR 4.20(10). (11) Any licensed person who allows another to use his or her license identification card or badge or any person who used the license identification card or badge of another person for the purpose of transferring any of the benefits pertaining thereto may be suspended, assessed a forfeiture, or both. (12) No Association shall permit bets to be made on the grounds on any race run outside said grounds without permission of the Commission. (13) No gambling device, other than permitted by law, shall be permitted on the grounds. Petty games of chance are prohibited. (14) The Association shall choose the only attendants who will be permitted within the limits of 205 CMR 4.00, to: (a) assist a jockey after weighing out and until he or she leaves the paddock; and (b) assist a jockey in weighing in and until he or she arrives at the jockey room. The Association shall pay such attendants for their services from an assessment collected from the jockeys. A system of rotation of attendants shall be maintained. (15) During the term of disqualification of any participant in racing, it shall be the duty of the Association to see to it that the privileges of his or her admission and identification badges are revoked, and that he or she is kept out of the grounds unless otherwise permitted to enter under certain conditions and at certain times as may be provided for elsewhere in 205 CMR 4.00. (16) Each Association licensed by the Commission shall police its grounds at all times in such a manner as to preclude the admission and confiscate the identification badge of any person in and around the stables not duly licensed or authorized by the Commission. (17) Each Association shall furnish to the Commission the names and addresses of all persons ejected by the Association from its grounds, together with the offense or offenses alleged against them, and any other material information relating thereto. (18) Any person ejected from the grounds of an Association, by said Association, shall be denied admission to said grounds until written permission for his or her re-entering has been obtained from the licensee association and written notification of such permission shall forthwith be filed with the Commission and approved by the Commission. (19) A person ejected from the grounds of an Association licensed by the Commission shall be refused admission to the grounds of all other licensed Associations in Massachusetts until he or she has been permitted to re-enter the track where he or she was originally ejected in accordance with the procedure as provided for in 205 CMR 4.20(18). (20) All portions of purse money shall be made available to the winners 48 hours (Sunday excluded) following their winning. (21) No percentage of winnings shall be deducted by an Association for itself or for another person, club, or body, unless at the request of the person to whom such winnings are payable and except that an Association may withhold from winnings any money due it. (22) Each Association shall provide within its grounds an equipped office for the use and to be at the disposal of, the Commission and all its officials. (23) No Association licensed by the Commission shall assign stable accommodations or accept the entry of any horse five years or older which has been in competition during the immediately preceding two calendar years and has failed to finish first, second or third and which has started at least eight times during the said two calendar years period on a licensed horse racing track. The Association may impose more stringent requirements. (24) If the pari-mutuel manager is to be absent from the track for a complete racing program, the Association shall inform the Commission’s chief pari-mutuel officer at the track at least ½ hour before post time of the first race of the name of the person who will perform the duties of the Pari-mutuel Manager during his or her absence.