R 431.1095 Associations; duties.

Rule 1095. (1) Each association licensed by the executive director, and each licensed association's officers, directors, officials, and employees, shall observe and enforce the laws of this state, the rules promulgated under the act, and orders of the executive director at and during race meetings conducted by the association. Each association, and its officers, directors, and employees, shall also honor all written orders of expulsion or ruling off issued by the executive director, and pursuant thereto shall immediately eject and exclude from the grounds any person whom the association, or its officers, directors, or employees, knows to be under expulsion and ruled off pursuant to the written order of the executive director. (2) Each association shall provide a competent and adequate security force, night and day, in and about the grounds and shall police and maintain order on its grounds so as to reasonably insure the safety of all persons on its grounds and protect and preserve the integrity of racing and pari-mutuel wagering conducted on its grounds. (3) Each association shall exclude all of the following from its grounds: (a) Upon written notification of the executive director, all persons whom it knows have been designated by written order of the recognized racing authority in another recognized racing jurisdiction to be under expulsion, ruled off, or otherwise excluded from grounds in such other racing jurisdiction. (b) All persons whom it knows to be engaged in activities on the grounds to avoid, or aid others in avoiding, compliance with federal or state income tax laws or rules pertaining to gambling winnings derived from pari-mutuel wagering. (c) All persons whom it knows to be engaged in bookmaking or other illegal wagering or gambling activities on the grounds. (d) All persons whom it knows to be engaged in touting or the illegal solicitation of bets on the grounds. (e) All persons whom it knows to be engaged in activities to unlawfully influence or fix the results or outcome of a race conducted on the grounds. (f) All persons whom it knows have been convicted of crimes involving fraud or deception in the conduct of racing or pari-mutuel wagering. (g) All persons whose presence and conduct on the grounds reasonably threatens the health and safety of other persons on the grounds or reasonably threatens or undermines public confidence in the integrity of racing or pari-mutuel wagering conducted on the grounds. (4) Each association shall eject and exclude, from its stable areas, paddock, and other restricted areas, any person not authorized for admission to such areas under these rules. (5) Each association may, in its sole discretion and on its own volition, eject or exclude from its grounds, or any part thereof, any person, licensed or unlicensed, for any reason it considers appropriate and without giving any reason or cause therefor, if, however, such ejection or exclusion is not based in any way upon the person's sex, race, color, creed, or national origin and is not otherwise in violation of state or federal law. (6) When any association ejects or excludes any person from its grounds, it shall promptly report such action to the executive director in writing. (7) The association shall provide the executive director with copies of available police reports pertaining to conduct on the grounds. (8) The stable area of each licensed track shall be enclosed by a fence or other barrier of reasonable height that will deter entry of unauthorized persons. (9) The association shall maintain a 24-hour guard at any entrance to the stable area 30 days before and during the live race meeting if horses are stabled on the grounds. (10) The stable area shall be patrolled by track security officers, who shall pay special attention to the presence of unauthorized personnel, to the enforcement of fire prevention measures, and to the inspection of tack rooms and living quarters for fire hazards and contraband. (11) An association shall take prompt corrective action on all fire safety deficiencies noted in inspections by local and state fire marshals. (12) An association shall provide protected sheds for the storage of hay, straw, feed, and other flammable materials. (13) An association shall at all times maintain its grounds and facilities so as to be neat and clean, painted, and in good repair, with special consideration for the comfort, health, and safety of patrons, employees, and other persons whose business requires attendance, and with special consideration for the health and safety of horses stabled, exercising, entered to race, or racing, at the association's facilities. (14) An association shall provide and maintain lighting to ensure illumination in the stable, spectator, and parking areas. (15) An association shall provide and maintain facilities for drivers and jockeys. Separate toilet and dressing facilities shall be provided for female and male drivers and jockeys. (16) An association shall provide all of the following: (a) Training and race course surfaces that are safe and humane. (b) Proper equipment to maintain race course surfaces. (c) Sufficient trained personnel to properly operate maintenance equipment and to assess needs in race course maintenance on a day-to-day basis. (d) Daily records must be kept on the condition and maintenance of each training and racing surface. The records shall be available and submitted to the stewards upon request. (17) An association shall have in attendance, during all live racing and morning training hours, at least 1 ambulance and 1 horse ambulance with personnel to render first aid and transport injured persons or horses to the most suitable place available for medical or veterinary treatment. A licensed paramedic or licensed EMT may be substituted for an ambulance during training hours with prior approval of the executive director. Ambulances shall be stationed near an entrance to the racing surface. (18) An association shall equip and maintain adequate first aid facilities with medical personnel in attendance. (19) An association shall install and maintain in good service a communication system between the stewards' stand and all of the following persons or places: (a) Pari-mutuel department. (b) Starting gate. (c) Clerk of scales. (d) Clerk of course. (e) Paddock judge. (f) Patrol judges. (g) Official veterinarian. (h) Detention barn. (20) For pari-mutuel wagering, an association shall use either a totalisator or another mechanical device which is equal in accuracy and clearness to the totalisator and which is approved by the executive director. No other place or method of betting, pool making, wagering, or gaming shall be used or permitted without the executive director’s approval. (21) An association conducting racing shall provide photo finish service of a type and quality approved by the executive director as an aid to the stewards, in determining the order of finish. When a photo finish picture is used to determine the order of finish, the picture, or true copies or projections thereof, shall be posted or projected for public inspection as required by the stewards or executive director. Film strips shall be preserved by the association for 1 year. (22) An association conducting racing shall install an automatic electric timing device in conjunction with the photo finish camera or independent of the photo finish camera for the purpose of accurately recording the timing of all races. This time shall be considered as the official time of each race. (23) The association shall designate an approved racing official as timer. The final time recorded by the timer on a hand-held watch or device of similar accuracy shall be the official time of a race if the electric timer fails. (24) An association shall make a visual recording of each race including qualifying races. The recording shall be by videotape or other means approved by the executive director. The equipment necessary to promptly show the recordings to the stewards to assist them in determining questions pertaining to a race shall be provided by the association. The recordings shall in all cases be considered only as aids to the stewards. A visual recording of all views of each race shall be preserved by the association in a secure manner for 90 days after the close of a meeting or for a longer period set by the stewards or executive director. Specific recordings shall be shown to the stewards at any time during the meeting or shall be delivered to the executive director or his or her authorized representative at any time upon request. As the stewards consider necessary, and for the purpose of educating jockeys, drivers, and racing officials, the association may show visual recordings of races to jockeys, drivers, and racing officials on the racing day following the races in question. (25) The association shall display post time a reasonable time before a race on a clock device provided for that purpose, on the infield results board, or on another prominent structure which is clearly readable from the spectator areas. (26) An association conducting racing shall maintain a paddock that secures horses preparing to race in the daily program. The paddock shall be entirely enclosed and the gate or gates into the enclosure shall be controlled to exclude unauthorized persons. (27) During racing hours, the association shall provide the services of a blacksmith and extra equipment in or adjacent to the paddock to ensure the proper conduct of racing without unnecessary delay. (28) An association shall provide necessary office space with proper conveniences and adequate parking spaces for the executive director and his or her authorized representatives. Identification signifying the bearer as a representative of the executive director shall be honored for entrance to all points on the grounds. (29) The names and addresses of the racing officials with at least 1 back up for each position shall be submitted to the executive director not less than 30 days before the start of the race meeting and shall thereafter be approved or disapproved by the executive director. (30) Racing officials subject to the approval of the executive director shall not hold more than 1 official position during a race meeting unless approved by the executive director.