West Virginia Code § 19-23-3

Definitions
Open in Lexace · Ask the AI about this section
Unless the context clearly requires a different meaning, as used in this article:
(1) ?Horse racing" means any type of horse racing, including, but not limited to,
thoroughbred racing and harness racing;
(2) ?Thoroughbred racing" means flat or running type horse racing in which each horse
participating is a thoroughbred and mounted by a jockey;
(3) ?Harness racing" means horse racing in which the horses participating are harnessed to
a sulky, carriage or other vehicle and does not include any form of horse racing in which the
horses are mounted by jockeys;
(4) ?Horse race meeting" means the whole period of tiame for which a license is required by
the provisions of section one of this article;
(5) "Dog racing" means any type of dog racing, including, but not limited to, greyhound
racing;
(6) "Purse" means any purse, stake or award for which a horse or dog race is run;
(7) "Racing association" or "person" means any individual, partnership, firm, association,
corporation or other entity or eorganization of whatever character or description;
(8) "Applicant" means aLny racing association making application for a license under the
provisions of this article or any person making application for a permit under the provisions
of this article or any person making application for a construction permit under the
provisions of this article;
(9) "License" means the license required by the provisions of section one of this article;
(10) "Permit" means the permit required by the provisions of section two of this article;
(11) "Construction permit" means the construction permit required by the provisions of
section eighteen of this article;
(12) "Licensee" means any racing association holding a license required by the provisions of
section one of this article and issued under the provisions of this article;
(13) "Permit holder" means any person holding a permit required by the provisions of
section two of this article and issued under the provisions of this article;
(14) "Construction permit holder" means any person holding a construction permit required
by the provisions of section eighteen of this article and issued under the provisions of this
article;
(15) "Hold or conduct" includes "assist, aid or abet in holding or conducting";
(16) "Racing commission" means the West Virginia Racing Commission;
(17) "Stewards" means the steward or stewards representing the Racing Commission, the
steward or stewards representing a licensee and any other steward or stewards whose duty
it is to supervise any horse or dog race meeting, all as may be provided by reasonable rules
of the Racing Commission which rules shall specify the number of stewards to be appointed,
the method and manner of their appointment and their powers, authority and duties;
(18) "Pari-mutuel" means a mutuel or collective pool that can beu divided among those who
have contributed their wagers to one central agency, the odds to be reckoned in accordance
to the collective amounts wagered upon each contestant running in a horse or dog race upon
which the pool is made, but the total to be divided among the first three contestants on the
basis of the number of wagers on these; a
(19) "Pari-mutuel clerk" means any employee of a llicensed racing association who is
responsible for the collection of wagers, the dsistribution of moneys for winning pari-mutuel
tickets, verification of the validity of pari-mutuel tickets and accounting for pari-mutuel
funds; i
(20) "Pool" means a combination of interests in a joint wagering enterprise or a stake in such
enterprise;
(21) "Legitimate breakage" is the percentage left over in the division of a pool;
(22) "To the dime" means that wagers shall be figured and paid to the dime;
(23) "Code" means the Code of West Virginia, 1931, as heretofore and hereinafter amended;
(24) "Accredited thoroughbred horse" means a thoroughbred horse that is registered with
theW West Virginia Thoroughbred Breeders Association and that is:
(A) Foaled in West Virginia; or
(B) Sired by an accredited West Virginia sire; or
(C) As a yearling, finished twelve consecutive months of verifiable residence in the state,
except for thirty days' grace: (i) For the horse to be shipped to and from horse sales where
the horse is officially entered in the sales catalogue of a recognized thoroughbred sales
company, or
(ii) For obtaining veterinary services, documented by veterinary reports;
(25) "Accredited West Virginia sire" is a sire that is permanently domiciled in West Virginia,
stands a full season in West Virginia and is registered with West Virginia Thoroughbred
Breeders Association;
(26) "Breeder of an accredited West Virginia horse" is the owner of the foal at the time it
was born in West Virginia;
(27) "Raiser of an accredited West Virginia horse" is the owner of the yearling at the time it
finished twelve consecutive months of verifiable residence in the state. During the period,
the raiser will be granted one month of grace for his or her horse to be shipped to and from
thoroughbred sales where the horse is officially entered in the sales catalogue of a
recognized thoroughbred sales company. In the event the yearling was born in another state
and transported to this state, this definition does not apply after uthe December 31, 2007, to
any pari-mutuel racing facility located in Jefferson County nor shall it apply after the
December 31, 2012, and thereafter to any pari-mutuel racintg facility located in Hancock
County. Prior to the horse being shipped out of the state for sales, the raiser must notify the
Racing Commission of his or her intentions;
(28) The "owner of an accredited West Virginia sirel" is the owner of record at the time the
offspring is conceived; s
(29) The "owner of an accredited West Viriginia horse" means the owner at the time the
horse earned designated purses to qgualify for restricted purse supplements provided in
section thirteen-b of this article;
(30) "Registered greyhound owner" means an owner of a greyhound that is registered with
the National Greyhound Association;
(31) "Fund" means the West Virginia Thoroughbred Development Fund established in
section thirteen-b of this article; and
(32) "Regular purse" means both regular purses and stakes purses.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.