CHAPTER Pari 500 ADMINISTRATIVE
RULES APPLICABLE TO ALL LICENSEES
REVISION NOTE:
Document
#5498, effective 11-4-92, adopted Chapter Pari 500, which had expired.
The
prior filings for the rules in Chapter Part 500 (numbered Ra 500 until Document
#3191) include the following documents:
#2225, eff 12-27-82 #3087, eff 8-9-85
#2554, eff 12-22-83, Emergency #3089, eff 8-16-85, Emergency
#2648, eff 3-21-84 #3188, eff
1-24-86
#2697, eff 5-2-84 #3190, eff
1-24-86
#2843, eff 9-6-84, Emergency #3191, eff 1-24-86
#2934, eff 12-27-84 #3192, eff
1-24-86
#3065, eff 7-19-85, Emergency
The
rules in Chapter Pari 500 had all expired by 1-24-92. The rules contained in Document #2934 which
were not amended, superseded, or repealed by later documents expired on
12-27-90.
REVISION NOTE:
Document #7820, effective 1-11-03 adopted a new Chapter
Pari 500 ADMINISTRATIVE RULES APPLICABLE TO ALL LICENSEES and adopted and moved
the previous Chapter Pari 500 RULES OF GREYHOUND RACING to Pari 800.
PART Pari 501 DEFINITIONS
Pari 501.01 "Commission" means the racing and
charitable gaming commission
established pursuant to RSA 284:6-a.
Source.
(See Revision Note at chapter heading for Pari 500) #5498, eff 11-4-92;
EXPIRED 11-4-98
New. (See Revision Note at chapter heading for
Pari 500) #7820, eff 1-11-03; ss by #9248, eff 8-29-08
Pari 501.02 "Course"
means the prescribed ground over which greyhounds or horses race.
Source. (See Revision Note at
chapter heading for Pari 500) #5498, eff 11-4-92; EXPIRED 11-4-98
New. (See Revision Note at chapter heading for
Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 501.03 "Kennel
compound" means the facilities provided for the housing of greyhounds.
Source. (See Revision Note at
chapter heading for Pari 500) #5498, eff 11-4-92; EXPIRED 11-4-98
New. (See Revision Note at chapter heading for
Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 501.04 “Licensee” means a person, corporation or
association holding a license issued by the commission, pursuant to RSA 284:15
or RSA 284:15-a, to conduct racing and pari-mutuel wagering.
Source. (See Revision Note at
chapter heading for Pari 500) #5498, eff 11-4-92; EXPIRED 11-4-98
New. (See Revision Note at chapter heading for
Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 501.05
"Occupational licensee" means an individual licensed by the
commission pursuant to RSA 284-18-a or RSA
284-19.
Source. (See Revision Note at
chapter heading for Pari 500) #5498, eff 11-4-92; EXPIRED 11-4-98
New. (See Revision Note at chapter heading for
Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 501.06 "Paddock"
means the building and associated enclosure where the animals entered in a race
are held before the beginning of the race.
Source. (See Revision Note at
chapter heading for Pari 500) #5498, eff 11-4-92; EXPIRED 11-4-98
New. (See Revision Note at chapter heading for
Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 501.07
"Past performance line" means a description of the performance of a
greyhound in a single race.
Source. (See Revision Note at
chapter heading for Pari 500) #5498, eff 11-4-92; EXPIRED 11-4-98
New. (See Revision Note at chapter heading for
Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 501.08 "Photo
finish device" means a camera which takes still images of the finish of
races on videotape, computer disc or film.
Source. (See Revision Note at
chapter heading for Pari 500) #5498, eff 11-4-92; EXPIRED 11-4-98
New. (See Revision Note at chapter heading for
Pari 500) #7820, eff 1-11-03
Pari 501.09 "Photo image" means the
image produced by a photo finish device.
Source. (See Revision Note at
chapter heading for Pari 500) #5498, eff 11-4-92; EXPIRED 11-4-98
New. (See Revision Note at chapter heading for
Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 501.10 "Purse"
means the cash amount for which a race is contested.
Source. (See Revision Note at
chapter heading for Pari 500) #5498, eff 11-4-92; EXPIRED 11-4-98
New. (See Revision Note at chapter heading for
Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 501.11 "Racing
meet" means the total of all races conducted by a licensee during the
period of validity of the license issued by the commission to the licensee.
Source. (See Revision Note at
chapter heading for Pari 500) #5498, eff 11-4-92; EXPIRED 11-4-98
New. (See Revision Note at chapter heading for
Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 501.12 “Race performance” means a group of
races run consecutively and published in a single official program described in
Pari 502.20.
Source. (See Revision Note at
chapter heading for Pari 500) #5498, eff 11-4-92; EXPIRED 11-4-98
New. (See Revision Note at chapter heading for
Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 501.13 "Racing premises" means all real
property utilized by a licensee in the conduct of its racing meet, including
the course, grandstand, concession stands, offices, areas for the housing and
management of animals, employee housing facilities, if any, and parking lots.
Source. (See Revision Note at
chapter heading for Pari 500) #5498, eff 11-4-92; EXPIRED 11-4-98
New. (See Revision Note at chapter heading for
Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 501.14 "Restricted area" means that
part of the racing premises to which access is limited in accordance with these
rules.
Source. (See Revision Note at
chapter heading for Pari 500) #5498, eff 11-4-92; EXPIRED 11-4-98
New. (See Revision Note at chapter heading for
Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
PART Pari 502 DUTIES OF LICENSEES
Pari 502.01 Purpose. The purpose of this part is to set forth the
duties of the persons, corporations and associations licensed to conduct
greyhound racing, horse racing and pari-mutuel wagering.
Source. (See Revision Note at
chapter heading for Pari 500) #5498, eff 11-4-92; EXPIRED 11-4-98
New. (See Revision Note at chapter heading for
Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 502.02 Waiver of Rules.
(a) A licensee seeking a waiver of any rule shall
do so by submitting to the commission a written request describing the waiver
sought and the reasons for granting the waiver.
(b) The commission shall grant the waiver if it
determines that:
(1) Compliance with the rule is rendered
unnecessary by new technology or innovative design or construction of
facilities; and
(2) The purpose of the rule would be achieved
even if the waiver were granted.
Source. (See Revision Note at
chapter heading for Pari 500) #5498, eff 11-4-92; EXPIRED 11-4-98
New. (See Revision Note at chapter heading for
Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 502.03 General Obligations of
Licensees.
(a) Licensees, racing officials and employees
other than racing officials shall abide by the rules of the commission.
(b) Licensees shall comply with all federal,
state and municipal laws and cooperate with law enforcement agencies to ensure
the integrity of racing.
(c) Licensees shall maintain under the
supervision of a certified public accountant an accounting system in accordance
with generally accepted accounting procedures.
(d) Licensees shall promptly post commission
notices in places that can be easily viewed by patrons and others authorized to
be on the racing premises.
Source. (See Revision Note at
chapter heading for Pari 500) #5498, eff 11-4-92; EXPIRED 11-4-98
New. (See Revision Note at chapter heading for
Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 502.04 Reports
Required. Licensees shall submit the following reports to the commission:
(a) On a daily basis, a report detailing the
amount of money wagered in each pari-mutuel pool and the pari-mutuel tax
payable to the commission for each race performance; and
(b) Annually, by June 1, a report by a New
Hampshire certified public accountant stating each of the items specified in
RSA 284:32-a and:
(1) The number of admissions;
(2) The amount of pari-mutuel pools sales;
(3) The amount of pari-mutuel taxes paid; and
(4) The names of the officers, directors,
administrative officials, pari-mutuel officials and racing officials.
Source. (See Revision Note at
chapter heading for Pari 500) #5498, eff 11-4-92; EXPIRED 11-4-98
New. (See
Revision Note at chapter heading for Pari 500) #7820, eff
1-11-03; amd by #8933, eff 7-11-07; para. (a)
EXPIRED: 1-11-11
Pari 502.05 Purse
Payments.
(a) Licensees shall maintain records adequate to
substantiate all purse payments.
(b) Purse payments shall be issued and available
not later than 4:00 P.M. on the 4th day following the end of the
week in which they were earned unless withheld if so ordered by the judges,
stewards, the commission or the commission's designee pending an investigation
into a claim of irregularity in the conduct or running of a race.
Source. (See Revision Note at
chapter heading for Pari 500) #5498, eff 11-4-92; EXPIRED 11-4-98
New. (See Revision Note at chapter heading for
Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 502.06 Facilities and Equipment.
(a) Licensees shall ensure that the public areas
of the premises:
(1) Are designed and maintained for the comfort
and safety of the patrons; and
(2) Are accessible to
all persons with disabilities as required by federal law.
(b) Licensees shall provide and maintain restroom
facilities in compliance with local ordinances.
(c) Licensees shall provide free drinking water
facilities for patrons and others authorized to be on the premises.
(d) Licensees shall maintain the cleanliness of
all facilities.
(e) During live races licensees shall provide:
(1) A first aid room;
(2) The services of at least one:
a. Registered
nurse; or
b. Emergency medical technician licensed at
least at the basic level, affiliated with a licensed EMS unit and acting in
conformance with the rules of the division of emergency medical services of the
department of safety; and
(3) First aid equipment and supplies needed by
the registered nurse or emergency medical technician.
(f) Licensees shall provide the office space,
office equipment and office supplies requested for their use by racing
officials and commission personnel.
(g) Licensees shall keep and operate the parking
lot in a clean and uncluttered manner.
Source. (See Revision Note at
chapter heading for Pari 500) #5498, eff 11-4-92; EXPIRED 11-4-98
New. (See Revision Note at chapter heading for Pari
500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 502.07 Permission Required for
Certain Activities on Racing Premises Owned by Licensees.
(a) If the
racing premises are owned by them, licensees shall request and receive
permission from the commission before allowing the following activities on the
premises:
(1) Public dances;
(2) Public exhibitions of vaudeville;
(3) Stage, screen, radio, television and
nightclub performers;
(4) Drawing of lotteries;
(5) Trade shows;
(6) Human athletic events; and
(7) Solicitations of donations made by charitable
and non-charitable organizations.
(b) The commission shall grant the permission
requested under (a) above if the activities will not:
(1) Injure the animals;
(2) Produce lights or noises sufficient to
distract the animals from running; or
(3) Otherwise interfere with a racing meet or a
race.
Source. (See Revision Note at chapter heading
for Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 502.08 Audio,
Visual and Recording Equipment. Licensees shall provide and maintain in
good working order:
(a) An internal communication system to ensure
communication among:
(1) The judges’ or stewards’ stand;
(2) The racing office;
(3) The tote room;
(4) The paddock; and
(5) The vicinity of the starting box or gate;
(b) A public address system capable of
transmitting announcements to the patrons and to the paddock;
(c)
(d) A color videotape system to record each race
from start to finish;
(e) Monitors in the judges’ or stewards’ stand,
as applicable, which display the images being transmitted during the running of
the race and immediately afterwards for the purposes of reviewing the race; and
(f) Closed circuit television throughout the
facilities for the benefit of the patrons.
Source. (See Revision Note at chapter heading
for Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 502.09 Display
and Preservation of Images.
(a) Licensees shall promptly post in an area
accessible to the patrons a photo image of each finish for win, place, show and
any other order of finish needed to satisfy pari-mutuel requirements.
(b) Licensees shall preserve for at least 6
months after the last day of the racing meet:
(1) A videotape of each race; and
(2) The photo image of the finish of each race.
(c) Licensees shall provide to the commission
without cost:
(1) A copy of a videotape of each race; and
(2) The photo image of the finish of each race.
Source. (See Revision Note at chapter heading
for Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 502.10 Lighting.
(a) Licensees shall provide and maintain in good
working order lighting for:
(1) The racecourse;
(2) The patron facilities;
(3) The proper operation of the videotape; and
(4) The proper operation of the photo finish
device.
(b) Licensees shall maintain an auxiliary
lighting system to serve in an emergency.
(c) Licensees shall provide and maintain in good
working order adequate lighting in the kennel compound or stable area, as
applicable.
Source. (See Revision Note at chapter heading
for Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 502.11 Security.
(a) The following areas shall be restricted
areas:
(1) The paddock area;
(2) The stable or kennel compound;
(3) The test area;
(4) The course;
(5) The money room;
(6) The pari-mutuel sales area;
(7) The computer room;
(8) All food concession areas;
(9) All food preparation areas;
(10) All security stations; and
(11) The areas on the roof which accommodate the
judges, chart writer, lure operator, timer, photo finish operator and video
equipment operator.
(b) Licensees shall allow access to restricted
areas only by persons displaying:
(1) A badge issued by a licensee pursuant to Pari 502.12
or issued by the commission; or
(2) A visitor's pass issued pursuant to Pari 502.13.
(c) Licensees shall secure the stable area or
kennel compound, as applicable, with a fence.
(d) Licensees shall provide security personnel in
numbers sufficient to maintain security on the racing premises.
(e) Licensees shall provide continuous security
service in the kennel compound and stable area, as applicable, during all times
that animals are housed there.
(f) Licensees shall provide a list of their
security personnel including for each individual the following information:
(1) Name;
(2) Qualifications;
(3) Duties;
(4) Duty station; and
(5) Area supervised.
(g) No later than 24 hours after an incident
occurs which has received the attention of security personnel, the licensee's
chief of security shall deliver to the commission's executive director or other
commission designee a written incident report including:
(1) The name of each individual involved in the
incident;
(2) The circumstances of the incident;
(3) Any recommended charges against each
individual involved; and
(4) The final outcome.
(h) Licensees shall maintain incident reports
made pursuant to (f) above for 3 years after the date of the incident for
inspection by the commission.
Source. (See Revision Note at chapter heading
for Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 502.12 Identification
Badges.
(a) Licensees shall issue badges to identify the
following persons whose duties requires their presence
in a restricted area:
(1) Employees of the licensee;
(2) Independent contractors to the licensee; and
(3) Individuals holding occupational licenses
pursuant to RSA
284:19 or RSA 284:18-a.
(b) The identification badges issued pursuant to
(a) above shall consist of a tamper-proof badge laminated both front and back
and showing:
(1) The name of the licensee;
(2) The year and date of issue; and
(3) For the individual identified by the badge:
a. A color
photograph;
b. The
individual's name or an identifying number;
c. The
position or occupation of the individual; and
d. The
signature of the individual.
(c) Licensees shall:
(1) Maintain in their files a copy of each badge
issued pursuant to (a) above;
(2) Make the copies of badges available for
inspection by the commission or the commission's designee; and
(3) File with the commission weekly a list of the
names of the individuals to whom they have issued badges.
(d) Licensees shall insure that no persons are
admitted to restricted areas unless they are wearing in view at all times:
(1) An identification badge issued by the
licensee pursuant to (a) above;
(2) An identification badge issued by the
commission; or
(3) A visitor's pass issued pursuant to Pari
502.13.
Source. (See Revision Note at chapter heading
for Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 502.13 Visitor's
Passes.
(a) Licensees shall issue visitor's passes to restricted areas only in accordance with this section.
(b) Licensees shall maintain a visitor's pass log
showing for each visitor's pass issued;
(1) The date and time of issuance;
(2) The name of the visitor;
(3) The pass number; and
(4) The licensee requesting the pass and that
person's commission license number.
(c) Visitors to whom a visitor's pass has been
issued shall wear the pass in view at all times while in a restricted area.
Source. (See Revision Note at chapter heading
for Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 502.14 Fire
Protection.
(a) Licensees shall develop and implement
procedures for fire prevention on racing premises and shall instruct employees
in those procedures.
(b) Licensees shall post rules that prohibit:
(1) Smoking in the kennel compound or stable
areas;
(2) Open fires and oil or gas lamps in the kennel
compound or stable areas;
(3) Unattended electrical heating appliances that
are plugged in to an outlet;
(4) Electrical outlets or cords left within reach
of an animal; and
(5) Flammable cleaning fluids or solvents in the
kennel compound or stable areas.
(c) Licensees shall provide and maintain in good
working order fire extinguishing equipment as shall be required by the fire
department of the locality in which the racing premises are located.
Source. (See Revision Note at chapter heading
for Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 502.15 Patron
Information and Complaints.
(a) Licensees shall designate a location and
staff it for the purpose of:
(1) Answering patrons' questions relating to
racing or the sale of pari-mutuel pools; and
(2) Receiving complaints and information related
to racing or the sale of pari-mutuel pools.
(b) The location described in (a) above shall be
easily accessed by patrons and identified with a prominent sign.
(c) Licensees shall promptly notify the
commission of a complaint or any report regarding:
(1) Alleged violations of RSA 284 or these rules;
(2) Accidents or injuries; or
(3) Unsafe or unsanitary conditions for patrons,
other persons and animals present on the premises.
Source. (See Revision Note at chapter heading
for Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 502.16 Commission
Approval of Racing Meets and Race Performances; Required Filings.
(a) No fewer than 60 days before holding the
first race of a racing meet a licensee shall request commission approval for
the licensee's proposed racing meet and race performances.
(b) Requests for approval shall be in writing and
include the proposed:
(1) Duration of the racing meets;
(2) Number of racing performances during each
racing meet;
(3) Number of races in each racing performance;
(4) Hours of the day during which racing will
take place;
(5) Post time for the first race of each racing
performance; and
(6) The licensee's rules for each type of
pari-mutuel wager to be included by the licensee in each racing meet.
(c) In considering requests for approval the
commission shall take into account:
(1) The effect of approval on State revenue;
(2) The effect of approval on the commission's
budget;
(3) The total number of potential contestants;
(4) Local ordinances and state laws restricting
racing on the racing premises to be used;
(5) The readiness of the racing premises to be
used on the dates proposed;
(6) The welfare of the animals in terms of the
expected frequency with which they will run races; and
(7) Whether there is reason to believe that the
licensee acts or has acted in a manner injurious to the health, safety or
physical well-being of an animal.
(d) The commission shall grant the request for
approval of the licensee’s proposed racing meet and race performances if:
(1) No fewer than 60 days before holding the
first race of a racing meet, the licensee timely submits the information set
forth in (b) above and the materials set forth in (e) and (g) below; and
(2) The request would not negatively affect, or
conflict with, one or more of the factors set forth in (c) above.
(e) At the time that a licensee requests approval
of the proposed racing meet and race performances the licensee shall file with
the commission maps and plans of the racing premises showing:
(1) All structures;
(2) Piping;
(3) Fixed equipment;
(4) Race course, noting elevation as filled; and
(5) The composition of the course base and
cushion.
(f) Licensees shall file revised maps and plans
of the racing premises whenever material changes in the premises occur.
(g) Licensees shall provide the commission with
proof of public liability insurance for the premises.
(h) The amount of insurance
required to be proven by (g) above shall be determined by the licensee.
Source. (See Revision Note at chapter heading
for Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 502.17 Cancellation
of Races.
(a) Licensees shall notify the commission of the
cancellation of races at least 3 hours before the scheduled post time of the
first race of the race performance.
(b) The board of judges or stewards, as
applicable, shall meet to decide whether to cancel remaining races when
inclement weather, including extreme cold, occurs during a race performance and
has the potential to:
(1) Cause injuries to the contestants; or
(2) Alter the course so that the contestants can
not run properly.
(c)
In making the decision described in (b) above the board shall seek the
advice of the commission veterinarian.
Source. (See Revision Note at chapter heading
for Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 502.18 Ejection
and Exclusion.
(a) Licensees shall honor all ejection and
exclusion orders made by the commission.
(b) Licensees shall notify the executive director
of the commission in writing of:
(1) The ejection or exclusion of any person by
the licensee; and
(2) The reasons for the ejection or exclusion.
(c) The licensee shall take the identification
badge of any terminated, suspended or ejected employee.
Source. (See Revision Note at chapter heading
for Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 502.19 Official Racing Program.
(a)
Licensees conducting a racing meet shall provide patrons with an
official racing program for each race performance.
(b)
All official racing programs shall contain the following:
(1) A preprinted statement reading "This
race course is licensed by the
(2) A preprinted statement in font size no smaller
than 20 point reading "Wager responsibly-bet with your head-not over it!";
(3) The names and titles of the following
commission members and commission staff:
a. The
chair;
b. The
secretary;
c. Members of
the commission;
d. The
executive director; and
e. The
deputy director;
(4) The names and titles of the officers and
directors of the licensee;
(5) The names and titles of the racing officials;
and
(6) The names and titles of the following:
a. The
judge;
b. The
commission veterinarian; and
c. The chief
inspector.
Source. (See Revision Note at chapter heading
for Pari 500) #7820, eff
1-11-03; amd by #9248, eff 8-29-08; paras. (a) & (b)(2)-(6)
EXPIRED: 1-11-11
Pari 502.20 Access by Commission and
Commission Employees. The commission
and its employees shall have access to all areas of the racing premises.
Source. (See Revision Note at chapter heading
for Pari 500) #7820, eff 1-11-03, EXPIRED: 1-11-11
Pari 502.21 Interference with Sample
Taking. Any person refusing to allow
the taking of any urine or blood sample or any other test substance, or acting
or threatening to impede, prevent or otherwise interfere with any such sample
taking, shall immediately have their license suspended by the stewards or
judges of the meeting, and the matter shall be referred to the commission for
further investigation to determine what other penalties may be appropriate.
Source. #8933, eff 7-11-07
Appendix
|
Rule |
Specific
State Statute which the Rules Implement |
|
Pari 501 |
RSA 541-A:7 |
|
Pari 502.01-502.03(b) |
RSA 284:12-a; 284:12, II & III |
|
Pari 502.03(c) |
RSA 284:15, III |
|
Pari 502.03(d) - 502.20 |
RSA 284:12-a; 284:12, II & III |
|
Pari 502.04(b) |
RSA 284:32-a |
|
Pari 502.21 |
RSA 284:12, I, II, V and VI; RSA 284:18-a; RSA
284:19 |