Wyo. Code R. 038-0001-6
Pari-Mutuel
Chapter 6: Permittee
Effective Date: 09/11/2024 to Current
Rule Type: Current Rules & Regulations
Reference Number: 038.0001.6.09112024
(a) Every permit to hold a Pari-Mutuel Event, limited to a maximum time of three (3) year(s), is granted upon the condition that the Permittee shall accept, observe and assist in the enforcement of the Rules. It shall be the duty of each officer, director and every Permittee, official and employee to observe and assist in the enforcement of the Rules.
(b) 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 mutuel plants of the Permittee.
(c) Each Permittee shall police its grounds at all times in such a manner as to preclude the admission of any person in and around the stables except those having bona fide business and duly licensed by the Commission.
(d) Racing Permittee shall make prompt written acknowledgment of stakes nominations and subscriptions to the Commission.
(e) A Permittee shall provide starting point markers and distance poles in a size and position that is clearly seen from the Steward's stand. All distance poles/markers shall be painted as follows:
(f) Stands for judges, timers and Stewards shall be maintained and protected from the elements, in positions commanding an uninterrupted view of the entire racing strip or area where the participants are competing, and subject to the approval by the Commission.
(g) A Permittee shall provide and maintain a public address system capable of clearly transmitting announcements to the patrons and to the stable area. In addition, the Permittee shall provide communications between each station of the patrol judges, starter, outrider, commission veterinarian, ambulance, mutuel manager and the Stewards. The method of communication shall be approved by the Commission.
(h) All race tracks in Wyoming operating under the jurisdiction of this Commission must install and use an approved type Film Patrol, with not less than two cameras operating from positions designated by the Commission.
(i) No Permittee shall be permitted to enter into an agreement or adopt any policy which would prohibit any horse having been granted a stall at Permittee's meeting from being entered in any race for which the horse is eligible unless the Permittee has obtained the prior approval of the Commission.
(j) Each applicant seeking dates for a live pari-mutuel event must submit an application to the Commission no later than the date set by the Commission, but not less than ninety (90) days prior to the date of the proposed meeting. Application for permits shall give dates requested, fully identify the applicant, shall include a proper financial statement showing the financial responsibility of the applicant, shall show the purpose and use of the permit, and shall describe the races to be conducted, the manner of wagering and the names and identification of those to supervise the wagering and the controls and supervision by the applicant (pari-mutuel manager, stewards, and racing secretary) and shall include an approval of the corporation or association applying by their respective County Commissioners. A non-refundable fee of one hundred ($100.00) dollars for each live event day and a surety bond, certificate of deposit or letter of credit of not less than $5,000.00 (security not required of a county entity) made in favor of the State of Wyoming must accompany the application. As part of that application, each applicant shall:
(i) Provide the Commission with a certificate of liability insurance as required by the Commission.
(k) All applicants shall, as a prerequisite to receiving a live event permit, provide in their application a certified report from a licensed surveyor detailing the grade and measurement of the distances to be run. Live racing event permits shall not be issued until the track is completed and surveyed, and a certified report is received, and approved, by the Commission. If after the issuance of a live permit there are any changes to the grade or measurement of the distances to be run, an updated report shall be provided to, and approved by, the Commission prior to any permitted events being run.
(l) Prior to the first live flat track racing event day of the season, each Permittee shall submit to an independent third party inspection, to be selected and scheduled by the Commission, at the Commission's expense. The Permittee shall make a representative available for inspection. The inspection shall be referred to as the Racetrack Safety Inspection consisting of the racetrack and permitted grounds. The inspection shall include, but not be limited to, the cushion, subsurface, base, banking of the turns, starting gate, inside and outside rail, paddock, and barn area to determine whether the racetrack and permitted grounds are adequately designed, constructed, and maintained to provide for the safety of all human and equine participants. Any safety issues identified in the Racetrack Safety Inspections shall be addressed to the Commission's satisfaction prior to any races being conducted.
(m) All applicants shall provide a live event Operations Plan, Racetrack Safety Plan, Emergency Contingency Plan, and Feasibility Study that summarizes the proposed event operations, any conflicts of racing dates, estimated human and equine participant availability, and justification of the proposed dates. These plans and study shall be reviewed and approved by the Commission as part of the final issuance of a permit.
(n) Each Permittee approved by the Commission to conduct a race meeting must offer to the public the Daily Racing Form or another publication of equal merit which reveals the past performance records of the horses racing at the meeting.
(o) A complete list of all racing officials and other personnel required by the Commission shall be submitted to the Commission by the Permittee not less than sixty (60) days prior to the date approved for the racing to begin.
(p) The Commission reserves the right to demand a change of personnel or officials for good and sufficient reason. The successor to an official or employee that is replaced shall be subject to approval of the Commission.
(q) Permittee shall furnish and maintain both a suitable man ambulance and a suitable horse ambulance each day that their tracks or area where participants are competing may be open, whether competing or exercising horses; equipped and ready for immediate duty and placed at a location approved by the Stewards, which is at no time obstructed.
(r) Permittee shall at all times maintain the event surface in good condition and shall have available adequate and proper equipment and implements to maintain a uniform event surface, weather conditions permitting. A list of all equipment and implements to be utilized during the live flat track racing event shall be submitted to the Commission at least thirty (30) days prior to the first day of the event and subject to the Executive Director's approval following consultation with the Commissions Safety Officer and or Track Stewards.
(s) Each Permittee shall make its racing surface available to the horsemen at least five (5) days in advance of the first live flat track racing event day of the season for training and conditioning, weather conditions permitting. Track availability for training and conditioning for the duration of the race meet shall be posted in the racing office.
(t) Each Permittee shall maintain and furnish police and watchman service as may be needed or requested by the Commission. Police must be fully empowered to enforce law and order and cooperate in the enforcement of the rules.
(u) Each Permittee shall employ and pay for the services of two people or more, if necessary, who will be selected by and be under the direction of the Commission as Special Police.
(v) Permittees may be required to reimburse the Commission for the actual cost of additional Veterinarian services required to effectuate the Racing Soundness Exams required by Pari-Mutuel Rules, Chapter 8, Section 2(n).
(w) Each Permittee shall employ a Track Safety Officer that shall be on duty whenever the racetrack is open for training, conditioning, and racing. The individual shall monitor the paddock, barns and racetrack areas, collect and analyze data as appropriate, and be responsible for ensuring the safety on the permitted grounds. Track Safety Officer shall report all injuries and incidents to the Stewards, Commission Veterinarian, and the Commission Safety Officer.
(x) A Permittee may request an exemption from a requirement in this chapter to utilize new technology or innovative construction or design of the racetrack facilities. The Commission may grant an exemption if the Commission determines that:
(i) The Permittee's proposal substantially satisfies the purpose of the requirement; and
(ii) The exemption is in the best interests of human and equine safety, the racing industry and public safety.
(y) The Commission shall use the following decisional criteria in the approval or disapproval of an application for live events to include the following but not limited to.
(i) The applicant’s general benefit to the state of Wyoming.
(ii) The applicant’s general benefit to the state of Wyoming’s horse racing industry.
(iii) The applicant’s proposal and any scheduling conflicts with other applicants or Permittees.
(iv) The applicant’s integrity:
(A) Individual and corporate conduct.
(B) Criminal history.
(C) Betting and gaming industry conduct.
(v) The applicant’s credibility:
(A) Accuracy of a feasibility study.
(B) Experience and expertise of the applicant in the racing industry.
(vi) Financial stability.
(z) The Commission may issue, amend or refuse to issue permits in its discretion, pursuant to W.S. § 11-25-201(f).
(aa) A Permittee shall not implement any changes or modification of the practices, procedures, or representations upon which the approval was based without the prior written approval of the Commission.
(a) The Commission may require periodic audits to determine that the Permittee has funds available to meet those distributions for purposes required by the Act, Commission rules, horsemen’s agreements, the conditions and nomination race program of the race meeting and the obligations incurred in the daily operation of the race meeting.
(b) A Permittee shall file a copy of all tax returns, a balance sheet and a profit and loss statement.
(c) A Permittee shall file with the Commission an unaudited balance sheet and profit and loss statement as required by the Commission. Those submissions must be in a format approved by the Commission.
(d) A permittee shall file an annual financial audit with the Commission within ninety (90) days after the Permittee’s fiscal year-end. The Commission, upon good cause shown, may extend the time for filing.
(a) A Permittee shall ensure that the public areas of the Permittee grounds are designed and maintained for the comfort and safety of the patrons and licensees and are accessible to all persons with disabilities as required by state and federal law.
(b) A Permittee shall provide and maintain adequate restroom facilities for the patrons and licensees.
(c) A Permittee shall make available an adequate supply of drinking water.
(d) A Permittee shall maintain all facilities on the Permittee grounds to ensure the safety and cleanliness of the facilities at all times.
(e) During a race performance, the Permittee shall provide:
(i) A first aid room or other approved area appropriately equipped; and
(ii) The services of at least one Emergency Medical Technician or other medical professional approved by the Commission.
(f) A Permittee shall provide a properly equipped transport ambulance staffed with at least one person during training hours and two persons during racing hours. If the ambulance is being used to transport an individual, the Permittee may not conduct a race, or allow horses with riders on the racetrack, until the ambulance is replaced.
(g) A Permittee shall provide mandatory orientation of racing emergency procedures for all emergency response personnel employed by or assigned as a result of a contract to the Permittee grounds.
(h) Unless otherwise approved by the Stewards, an ambulance shall follow the field at a safe distance during the running of the races.
(i) Unless otherwise approved by the Stewards the ambulance must be parked at an entrance to the racing strip except when the ambulance is being used to transport an individual or when it is following the field during the running of a race.
(j) A Permittee shall adopt, have posted, and implement a protocol for education, evaluation, diagnosis, and management of concussion of jockeys which shall be approved by the Commission.
(i) Each jockey shall acknowledge in writing that they have been made aware of the concussion protocols in place for the facility at which they are riding, it is the responsibility to the Permittee to collect and log that information;
(ii) A minimum assessment shall include the most current Sport Concussion Assessment Tool Examination, when necessary, and be performed by a medical professional authorized in Wyoming to perform such evaluation;
(iii) A return-to-ride guideline shall be established in order to clear a jockey who has been concussed, or believed to have been concussed, once the jockey is declared fit-to-ride by a medical professional authorized to do so; and
(iv) The Stewards shall be notified when a jockey is not permitted to ride and when a jockey has been authorized to return to riding.
(k) A Permittee shall provide adequate office space for the use of the Stewards and other Commission personnel as required by the Commission. The location and size of the office space, furnishings and equipment required under this section must be approved by the Commission.
(l) A Permittee shall promptly post Commission and Steward notices in places that can be easily viewed by patrons and licensees.
(a) A Permittee shall provide photo finish devices with mirror image, when possible, to photograph the finish of each race and record the time of each horse in at least hundredths of a second. The location and operation of the photo finish devices must be approved by the Commission before its first use in a race. The Permittee shall promptly post a photograph of each photo finish for win, place or show in an area accessible to the public. The Permittee shall ensure that the photo finish devices are calibrated before the first day of each race meeting and at other times as required by the Commission or Stewards. On request by the Commission or Stewards, the Permittee shall provide, without cost, a print of a photo finish to the Commission. Photo finish records of each race shall be maintained by the permittee for not less than six months after the end of the race meeting, or such other period as may be requested by the Stewards or the Commission.
(b) A Permittee shall provide a video replay system approved by the Commission. Cameras must be located to provide clear panoramic and head-on views of each race. Separate monitors, which simultaneously display the images received from each camera and are capable of simultaneously displaying a synchronized view of the recordings of each race for review shall be provided in the Stewards' stand. The location and construction of video towers must be approved by the Commission.
(c) One camera, designated by the Commission, shall video the pre-race loading of all horses into the starting gate and shall continue to video them until the field is dispatched by the starter.
(d) One camera, designated by the Commission, shall video the apparent winner of each race from the finish line until the horse has returned, the jockey has dismounted and the equipment has been removed from the horse.
(e) The Stewards may, at their discretion, direct the video camera operators to video the activities of any horses or persons handling horses prior to, during or following a race.
(f) Races run on an oval track must be recorded by at least three video cameras. Races run on a straight course must be recorded by at least two video cameras.
(g) A Permittee shall, upon request, provide to the Commission or Stewards, without cost, a copy of a video of a race.
(h) Video recorded prior to, during and following each race shall be maintained by the Permittee for not less than six months after the end of the race meeting, or such other period as may be requested by the Stewards or the Commission.
(i) A Permittee shall provide a viewing room in which, on approval by the Stewards, an owner, trainer, jockey or other interested individual may view a video recording of a race.
(j) Following any race in which there is an inquiry or objection, the Permittee shall display to the public on designated monitors the video replays of the incident in question which were utilized by the Stewards in making their decision.
(a) New rail installation after July 1, 2024, shall comply with the following specifications. Racetracks, shall have inside and outside rails, including gap rails, designed, constructed and maintained to provide for the safety of jockeys and horses. This means that they shall have structural integrity, free of cracks, breaks, and contain no exposed sharp edges or pins or joint protrusions. Wood rail systems are not permitted in new construction. Existing race rail shall be inspected by the Commission Safety Officer each year. Race rail deemed unsafe by the Commission Safety Officer must be corrected. Prior to installing a new rail system, Permittees will confirm with the Commission that any new rail is compliant.
(b) The top of the rail must be at least 38 inches but not more than 50 inches above the top of the cushion. The inside rail posts shall have a gooseneck shape of no less than 15 inches with a maximum of 24 inches, measured horizontally from the trackside of the gooseneck post to a point directly below the front edge of the trackside rail; the inside rail overhang shall have a continuous, smooth cover. The outside rail shares the same height as the inside rail and must have a minimum of a 12 inch and a maximum of 18 inch gooseneck shape.
(c) All rails must be constructed of materials designed to withstand the impact of a horse running at a gallop.
(a) During racing hours, a Permittee shall provide an operable padded starting gate, approved by the Commission or Stewards.
(b) A permittee shall make available the starting gate and qualified starting gate personnel for schooling during designated training hours.
(c) A Permittee shall ensure that an assistant starter is available for each horse in an official race.
(d) If a race is started at a place other than in a chute, the permittee shall provide and maintain in good operating condition backup equipment for moving the starting gate. The backup equipment must be immediately available to replace the primary moving equipment in the event of failure.
(a) The Permittee shall provide lighting for the racetrack and the patron facilities that is adequate to ensure the safety and security of the patrons, licensees and horses. Lighting to ensure the proper operation of the video and photo finish equipment must be approved by the Commission or Stewards.
(b) The Permittee shall provide adequate additional lighting in the stable area as required by the Commission.
(c) If a Permittee conduct racing at night, the permittee shall maintain a back-up lighting system that is sufficient to ensure the safety of race participants and patrons.
(a) The permittee shall provide an equine ambulance staffed by trained personnel on permittee grounds on each day that the racetrack is open for racing or training.
(b) The ambulance must be properly ventilated and kept at an entrance to the racing strip when not in use.
(c) The ambulance must be a vehicle that is low to the ground and large enough to accommodate a horse in distress. The ambulance must be able to:
(i) Navigate on the racetrack during all weather conditions; and
(ii) Transport a horse off the permittee grounds.
(d) The ambulance must be equipped with:
(i) Large, portable screens to shield a horse from public view;
(ii) Ramps to facilitate loading a horse;
(iii) Adequate means of loading a horse that is down;
(iv) A rear door and a door on each side;
(v) A padded interior;
(vi) A movable partition to initially provide more room to load a horse and to later restrict a horse's movement;
(vii) A shielded area for the person who is attending to the horse; and (vii) An adequate area for the storage of water and equipment.
(e) The Permittee may not conduct a race unless an equine ambulance or a Commission Veterinarian approved substitute is readily available.
(f) The equine ambulance, its supplies and attendants and the operating procedures for the equine ambulance must be approved by the Commission Veterinarian.
(a) The Permittee shall provide barns containing a sufficient number of stalls to accommodate all horses approved to race and all other horses approved to be on the grounds. The Permittee's stable area configuration and facilities must be approved by the Commission.
(b) The Permittee shall ensure that the barns are kept clean and in good repair. Each barn, including a receiving barn, must have water supply available, be well ventilated and have proper drainage and be constructed in a safe manner.
(c) The Permittee shall ensure that each horse is stabled in an individual box stall with minimum dimensions of 10 by 10 feet.
(d) Each barn shall be numbered and each stall shall be numbered and a record of each stall assignment shall be filed with the Racing Secretary.
(a) The permittee shall provide a secured area and test barn for taking specimens of urine, blood, hair or other bodily substances or tissues for testing, approved by the Commission.
(b) The test barn must be equipped with at a minimum:
(i) Proper lighting and electrical receptacles and the ability to be secured;
(ii) A walk ring that is large enough to accommodate several horses;
(iii) An enclosed area (stall and office) that permits observation of the collection process and provides for the protection of collection personnel;
(iv) Facilities and equipment for the collection, identification and storage of samples;
(v) The test barn area shall be enclosed with a security fence and locking gates;
(vi) Running water; and
(vii) An area that can be used with proper drainage to wash each horse.
(c) A Permittee shall limit access to the test barn to persons authorized by the Commission Veterinarian. All entrances shall be locked or guarded at all times.
(a) The Permittee shall implement or subscribe to a commercial, real-time lightning detection service that has been independently and objectively verified. The lightning detection service must include strike distance/radius notifications enabling lightning delay decision-making. The detection service must be available to the Stewards at all times and to designated officials during racing and training hours.
(b) The Permittee shall designate a responsible official for monitoring lightning conditions during racing and training hours. When lightning is detected within an 8-mile radius of the racetrack, the designated official shall contact the Stewards which shall order suspension of all outdoor training or racing activities and alert participants to seek shelter. Racing and training activities may resume upon approval of the Stewards after the last lightning strike within an 8-mile radius as indicated by the lightning detection service.
(a) Each Permittee shall make such sanitary arrangements as baths, toilets, etc., for the use of jockeys, mutuel employees, horsemen and other employees as may be required by the Commission.
(b) All facilities where food is served shall be maintained in sanitary condition and abide by county health department standards where operating.
(c) All used bedding and manure shall be removed from the stalls daily and shall be deposited at a place designated by the Permittee.
(d) Each trainer shall keep all hay, grain and other feed in a sanitary manner and covered.
(e) Any illness or unusual symptoms of illness shown by a horse shall be immediately reported by the trainer or attending veterinarian to the Commission Veterinarian, Stewards or the Commission.
(f) In case of any illness or unusual symptoms which might be contagious, the Stewards are empowered to employ, at the expense of the Permittee, a board of three veterinarians, licensed by the State of Wyoming, for the purpose of diagnosis, observation and/or treatment. The decision of the board to isolate any horse shall be binding upon the trainer and owner.
(i) The reasonable cost and expense of isolation, including keep and medical care, shall be borne by the owner or trainer of the horse during the period of isolation.
(ii) In event of the positive diagnosis of any infectious disease, the horse diagnosed shall remain isolated and quarantined for the period of time the Commission may determine.
(iii) A horse shall not be removed from quarantine without permission of the Stewards.