Wyo. Code R. 038-0001-7
Pari-Mutuel
Chapter 7: Licensing/Licensees
Effective Date: 01/03/2024 to Current
Rule Type: Current Rules & Regulations
Reference Number: 038.0001.7.01032024
Licensing / Licensees
(a) Any person who is engaged in or employed by those engaged in a pari-mutuel event racing or operating a race meeting and those who operate concessions under authority from any Permittee must be licensed by the Commission.
(i) Members of the Commission, appointed officials, and employees of the Commission shall be issued Commission identification badges in lieu of a license. The identification badges shall be authority to access any and all areas of the grounds.
(ii) Any charitable, religious or civic organization which is approved by the Commission to operate a concession or its employees, working without pay for their services, providing if the employee and concessionaire could meet all requirements of a licensee, may be furnished a "tax-free" pass providing a list of the employees has been furnished to the Commission.
(iii) Any person who operates concessions, other than the permittee or an organization which qualifies under Sub-Section (ii) above, shall be licensed and approved by the Commission. A Concession operator shall furnish the Commission a list of all employees. A "tax free" pass may be furnished employees meeting all requirements of a licensee.
(iv) The Permittee shall furnish a list of all employees working in concessions, parking, or admissions. A "tax free" pass may be furnished, employees meeting all requirements of a licensee.
(v) "Tax free" passes furnished under Sub-Sections (ii), (iii), (iv) above will not be afforded access to restricted areas.
(b) The following annual fees shall be charged by the Commission for licenses:
(i) A two hundred and fifty ($250.00) dollar license fee:
Simulcast Service Supplier/Provider
(ii) A one hundred and fifty ($150.00) dollar license fee:
Live Event Totalisator Provider
Live Event Photo Finish Provider
Live Event Security Provider, if other than permittee
Concession Operator other than Chapter 7, Section 1, (a), (ii) above.
(iii) A thirty five ($35.00) dollar license fee:
| Authorized Agent | Owner/Trainer |
|---|---|
| Partnership (each partner) | |
| Exerciser | Permittee Official |
| Horsemen's Bookkeeper | Plater |
| Jockey | Pony Rider |
| Jockey Agent | Roper |
| Jockey Apprentice | Stable Name |
| Mutuel Official | Trainer (& Asst. Trainer) |
| Outrider | Veterinarian |
| Owner | Vet. Assistant |
| (includes any part owner or prospective owner) | Vendor |
(iv) A fifteen ($15.00) dollar license fee:
| Asst. Starter | Mutuel Employee |
|---|---|
| Concession Employee | Permittee Employee |
| Gateman | Security |
| Groom | Valet |
| Jockey Runner | Vendor Employee |
(v) Each prepared photo bearing license must be worn when the licensee is acting in his official capacity on the grounds.
(vi) The fee for a duplicate license shall be ten ($10) dollars.
(c) Individual applicants will have the option of a one or three year license. The license fee for a one (1) year license shall be the annual fee for each category in which the person is licensed, the fee for a three (3) year license shall be three (3) times the annual fee for each category in which the person is licensed. Association and stable licenses shall expire on December 31 of each year issued.
(i) The Commission may renew licenses at their discretion without requiring fingerprinting or a national criminal history record background check, so long as a national criminal history record background check was completed and verified by the Commission within the last three (3) years.
(d) It is the responsibility of an employer to license his employees. The employment of a non-licensed individual may be cause for fine, suspension or both.
(e) No license will be granted to anyone less than sixteen (16) years of age if the employment will violate the child labor laws of the State of Wyoming.
(f) All applications for license shall be filed with the Commission who shall have the authority to issue the license or hold the application for further investigation.
(g) Every licensed person shall carry his license with him at all times.
(h) Any licensed person who allows another to use his license may be suspended, fined or both.
(i) The Commission may refuse to issue a license, or may suspend or revoke a license for the following:
(i) Conviction of a felony in any jurisdiction.
(ii) Engaging in bookmaking or touting.
(iii) Associating with bookmakers or touts.
(iv) Fraud or misrepresentation in connection with racing or pari-mutuel events.
(v) Violation of any racing law in any jurisdiction.
(vi) Violation of Commission rules or orders.
(vii) Refusal of a license by any other state racing commission or authority.
(viii) Falsifying his license application.
(ix) Financial irresponsibility in connection with racing or pari-mutuel events.
(x) Conduct which is detrimental to pari-mutuel events approved by the Commission, and would jeopardize the health, safety, and welfare of the equine athletes involved.
(j) The Commission may impose probationary sentences on licensees. Any licensee who violates any of the rules and regulations of the Commission during the period he is on probation shall have his license revoked and his case referred to the Commission.
(k) When a license is denied, revoked or suspended by the Commission or the Stewards it shall be reported to the Association of Racing Commissioners International and the American Quarter Horse Association, giving reasons why the action was taken.
(l) Every person whose license is suspended, revoked or denied by any other State must be reinstated by the state in which the original ruling was made before being licensed in Wyoming.
(a) Each authorized agent must obtain a license from the Commission. (b) Application for a license must be filed for each owner represented.
(c) A written instrument signed by the owner must accompany the application and shall clearly set forth among the delegated powers whether or not the agent is empowered to collect money from the Permittee and the owner's signature must be acknowledged before a notary public.
(d) If the written instrument is a power of attorney, it shall be filed with the Commission. It shall be attached to the application.
(e) Any changes must be in writing and be filed with the Commission.
(f) The term of the license shall expire December 31, of each year unless the agent's appointment is revoked by the owner or the license is revoked by the Commission.
(g) Owner's revocations must be in writing, sworn to before a notary public and filed with the Commission.
(a) All racing colors carried in races shall be registered annually with the Commission.
(b) The annual fee is twenty ($20) dollars.
(c) No person shall start a horse in racing colors other than those registered in his own or assumed name, except that an owner may start a horse in colors registered to his or her trainer providing any horse owned by the trainer starts in the trainer's colors.
(d) Any disputes between claimants to the right of the particular racing colors shall be decided by the Stewards.
(e) The Commission will not permit the use of colors which in its opinion are not neat and clean and proper in other respects.
(f) Unless otherwise approved by the Commission, the standard colors for specific post positions shall be as follows:
| Number 1---Red | Number 2---White |
|---|---|
| Number 3---Blue | Number 4---Yellow |
| Number 5---Green | Number 6---Black |
| Number 7---Orange | Number 8---Pink |
| Number 9---Turquoise | Number 10--Purple |
| Number 11--Grey | Number 12--Lime |
(i) The Permittee shall supply the standard colors and may charge the owners a reasonable rental for the use and maintenance of the colors.
(g) Registered colors may be worn in all races.
(a) Each jockey must obtain a license from the Commission.
(b) No person under sixteen (16) years of age shall be granted a jockey's license.
(c) A person who has never ridden as a jockey shall not be granted a license as a jockey. (See Sec. 6 for apprentice jockey.)
(d) No jockey licensed in Wyoming shall be the owner or part owner of any horse racing in Wyoming.
(e) A jockey who is under contract shall not ride in any race without the consent an owner he is contracted with.
(f) Each Jockey who is under contract shall file a copy of each contract with the Commission and the Racing Secretary.
(g) All jockeys shall faithfully fulfill all engagements in respect to racing. Inability to fulfill engagements must be reported to and receive the approval of the Stewards.
(i) Any jockey having given a call personally or through his agent, who fails to fulfill the engagement may not accept another mount or be assigned to another mount in that race by the Stewards.
(h) A jockey may not ride in any race against a starter of his contract employer unless his mount and his contract employer's starter are both in the hands of the same trainer.
(i) When riding in a race a jockey must be neat in appearance. All riders must be dressed in clean jockey costume, cap and jacket of silk; white breeches of satin or waterproof material; and top boots. Jockeys must wear approved safety helmets in all races. Helmet weight shall not be included in the jockey's weight.
(j) A jockey must wear a safety vest when riding in any official race. The safety vest shall weigh no more than two pounds and be designed to provide shock absorbing protection to the upper body of at least a rating of five, as defined by the British Equestrian Trade Association (BETA).
(k) A jockey shall wear a number on his right arm (also on his left arm if the judges stand is in the infield) and the arm number and the saddle cloth number shall correspond to the number of the horse in the official program.
(l) Every jockey who is engaged to ride in a race shall report to the Jockey Quarters not less than one hour before post time for the first race. He shall then report his engagements and overweight to the clerk of scales. He shall not leave the Jockey Room except to view the races from a point approved by the Stewards or to ride in a race until all of his engagements of the day have been fulfilled. The Stewards may permit jockeys engaged for later races to report at a later hour.
(m) All jockeys must pass a physical examination once a year before the commencement of a meeting. The Stewards may require that any jockey be re-examined and may refuse to allow any jockey to ride until he successfully passes the examination. If a jockey has previously passed an examination prior to his appearance at a track in this state, he must present a physical fitness card signed by the examining doctor that shows the date upon which the examination was made.
(n) A jockey shall not make a bet on any race.
(o) A jockey shall not accept the promise or token of any bet with respect to the race in which he is riding, except through or from the owner or trainer of the horse he rides and then only on that horse.
(p) Jockey riding fees must be paid to the Horsemen's Bookkeeper not later than thirty (30) minutes prior to post time of the first race on the day of the race.
(i) When purses of intermediate amounts are paid the fees for the next lowest purse figures shall be paid.
(ii) If any owner or trainer engaged two or more jockeys for the same race, he shall pay the losing fee for each engaged jockey not riding in the race as well as the proper fee to the jockey who does ride.
(iii) Engagement slips shall be used and shall determine all priorities. Signatures must be affixed by the owner or trainer and the jockey or his agent.
(iv) Jockey's fee shall be considered earned when the jockey weighs out for that race. The fee shall not be considered earned if the jockey voluntarily does not finish the race, except where injury to the horse or rider is involved.
(q) In a dead heat the jockeys involved shall divide equally the total sum of the fees they earned. The owners of the horses involved shall pay their equal share.
(r) A jockey who is under suspension will not be permitted to fulfill any engagements including stakes races.
(s) A jockey under suspension in any other state will not be permitted to ride in Wyoming during the suspension.
(t) The suspension of a jockey for an offense not involving fraud shall begin on the second day after the ruling unless otherwise ordered by the Stewards. A suspension for fraud shall begin immediately after the ruling.
(u) A jockey who is temporarily suspended may be permitted to exercise or gallop horses during the morning hours and to lodge on the grounds of the Permittee at night.
(v) Every jockey may have one agent and no more. All engagements to ride, other than those for his contract employer shall be made by himself or his agent; the one making the engagements shall be held responsible for the proper maintenance of the engagement book.
(w) No jockey shall have an attendant (valet) other than those provided by the Permittee. The attendants may be paid from an assessment collected from the jockeys.
(x) Employers retaining the same jockey have precedence according to priority of the retainers as specified in the contracts.
(y) Each jockey or his agent is responsible to be present at the draw and/or at scratch time to take care of his business. A jockey is obligated to ride the horses that he is named on unless he refuses the rides by scratch time.
(z) A jockey may not possess or use any electrical or mechanical device during any race. The owner and trainer may be penalized for a jockey violation of this rule.
(a) Each Jockey Agent must obtain a license from the Commission.
(b) The Stewards may permit an applicant to act pending decision on his application for a license.
(c) A jockey agent may handle no more than one jockey and one apprentice at the same time. A jockey agent shall not make or assist the making of any engagement for any rider other than those he is licensed to represent. The Stewards may approve a jockey agent's representing two journeymen if conditions justify.
(d) If a jockey agent gives up the making of engagements for any rider, he shall immediately notify the Stewards and the Racing Secretary and he shall also turn over to the Stewards a list of any unfilled engagements he may have made for that rider.
(e) Jockey agents must have in their possession at all times engagement books approved by the Stewards, and all engagements made for jockeys by agents must be recorded in the books. Books are subject to examination by the Stewards at all times.
(i) When an owner or trainer engages the services of a jockey through a jockey agent he must obtain a ticket from the jockey agent specifying whether or not he has first or second call on the services of the jockey. The calls must be declared at time of entry.
(ii) No person other than an owner, trainer, jockey agent or authorized agent of an owner shall make engagements for a jockey. A jockey not represented by an agent may make his own engagements.
(iii) Before each day's entries are taken jockey agents are required to file their first, second, and third calls in each race in the Racing Secretary's office with a person designated by the Stewards. If during the time entries are being taken, an agent should lose or pick up a call, he shall immediately add those calls to the one previously filed.
(f) Conflicting claims for the services of a jockey shall be decided by the Stewards and the first call shall have priority.
(g) A jockey agent shall not give to anyone any information or advice pertaining to a race or engage in the practice of "touting" for the purpose of influencing any person in the making of a wager on the result of any race.
(h) Any agent who falsifies his record shall be suspended by the Stewards and his case referred to the Commission.
(i) Jockey agents will be called upon to explain rival claims for any mount or for any rider and inability to satisfy the Stewards that the rival claim arose through honest error shall be considered a falsification of records.
(j) Jockey agents shall not be allowed in the paddock at any time except by permission of the Stewards.
(a) Jockey apprentices must obtain a license from the Commission.
(b) Jockey apprentices shall be bound by all rules for jockeys except as the rules may be in conflict with the following specific regulations for apprentices.
(c) The Stewards may grant a temporary license for the riding of two races and if approved by the Stewards the temporary license may be replaced with an apprentice jockey license.
(d) Apprentice certificates must be on forms supplied by the Commission and a duplicate original copy, along with a satisfactory record of birth, shall be filed with the Commission.
(e) An apprentice jockey shall ride with a five pound weight allowance beginning after his first mount and for one full year from the date of his fifth winning mount.
(i) If after riding one full year from the date of his fifth winning mount, the apprentice jockey has failed to ride a total of 40 winners from the date of his first winning mount, he shall continue to ride with a five pound weight allowance for one more year from the date of his fifth winning mount or until he has ridden a total of 40 winners, whichever comes first.
(ii) If an apprentice jockey is unable to ride for a period of 14 consecutive days or more after the date of his fifth winning mount because of service in the armed forces of the U.S.A., or because of physical disablement, the Commission may extend the time during which the apprentice weight allowance may be claimed for a period not to exceed the period the apprentice jockey was unable to ride.
(f) Any person between the ages of sixteen and twenty-five, and if under age, with the written consent of his parents or guardian, may be granted an apprentice certificate and license in lieu of an apprentice contract. The apprentice certificate shall grant an apprentice all the allowances and conditions granted to the apprentice who is under contract and he may claim in all overnight races, except handicaps, all allowances as set forth in the rules and regulations governing apprentice jockeys.
(a) Each owner must obtain a license from the Commission and shall register with the Racing Secretary at each track all his horses, giving the name, color, sex, age and breeding of each horse.
(b) A license as an owner shall not be granted to a corporation or to the lessee of any corporation unless the corporation shall have no more than ten stockholders or members, each of whom shall be the registered and beneficial owner of stock or membership in the corporation. A corporation having more than ten stockholders shall not lease for racing purposes to any natural person or partnership any horse owned or controlled by it. Each stockholder must obtain an owners license. All the stockholders of a corporation which own or lease horses for racing purposes in Wyoming shall file with the Commission when requested, a report containing information the Commission may specify. If a stockholder fails to file the report the Commission may refuse a license to any lessee of the corporation or may revoke any license.
(i) Prior approval by the Stewards shall be required for leases. No licensee shall lease a horse for the purpose of racing at Wyoming tracks without prior approval of the Stewards.
(ii) The lessee and lessor shall hold an owners license.
(iii) A copy of the lease shall be furnished to the Commission. Each licensee who leases a horse racing at any meeting must submit a copy of that lease to the Commission. The lease must contain at least all of the conditions of the lease arrangement and the names of all parties and horses related to the lease. The failure to submit accurate and complete information under this rule is a violation of these rules.
(iv) Lessor information. When any lessor of a horse is a corporation, syndicate, partnership or other entity of multiple interest it shall furnish the Commission under oath the identification of its stockholders, members, partners, etc.
(c) If any owner changes trainers, he must secure permission of the Stewards and notify the Racing Secretary and cause the new trainer to sign his name on the owner's registration.
(d) No owner shall employ a jockey for the purpose of preventing him from riding in any race.
(e) No owner shall accept any bribe, gift or gratuity which might influence the result of any race.
(f) An owner shall see to it that a report is made promptly to the Racing Secretary and to the official veterinarian of any and all sickness of his horses.
(g) A stable may not have in its employment in any capacity any under age employee who has not been granted written permission by his parents or guardian or whose employment violates the law.
(h) The personnel of every stable and changes shall be registered by the trainer with the Commission.
(i) The owner of a horse ridden by a jockey in a race, who possesses or uses a mechanical or electrical device, may be penalized by loss of purse, etc.
(a) Partnerships, including husband and wife, must be licensed by the Commission.
(b) An authorized agent must be appointed to represent a partnership in all matters and only he shall withdraw money or sign claims for the partnership. A notarized instrument must be signed by all members of a partnership in the appointment of an authorized agent.
(c) Partnership papers shall set forth the following:
(i) The name and address of each person having any interest in the horses involved.
(ii) The relative proportions of the interests.
(iii) To whom the winnings are payable.
(iv) In whose name the horses shall run.
(v) Who has the power of entry and declaration.
(vi) The terms of any contingency, lease or any other arrangement.
(d) All partnership papers must be signed by all parties or by their authorized agent.
(e) In case of emergency, authority to sign declarations of partnerships may be given to the Commission by electronic means and promptly confirmed in writing.
(f) The part owner of any horse cannot assign his share or any part of it without the written consent of the other partners, the consent to be filed with the Commission and the Racing Secretary.
(g) An alteration in a recorded partnership registration must be reported in writing to the Commission and signed by all the partners.
(h) All parties to a partnership and each of them shall be jointly and severally liable for all stakes, forfeits and other obligations.
(a) All names used that do not reveal the actual identity of the owner shall be considered a "Stable Name" and must be licensed with the Commission.
(b) When applying to race under a Stable Name the applicant must disclose the identity behind the Stable Name. If multiple ownership or a partnership is involved in the identity, the Rules covering partnerships and/or multiple ownerships must be complied with.
(c) Changes in identities must be reported immediately to and be approved by the Commission.
(d) A person cannot register more than one Stable Name at the same time, nor can he use his real name for racing purposes so long as he has a registered Stable Name.
(e) Any person who has been registered under a Stable Name may cancel it after he has given written notarized notice to the Commission.
(f) A person cannot register as his Stable Name one which has been registered by any other person with an Association conducting a recognized meeting, with the Jockey Club of New York, or with another racing authority.
(g) A person may not register as his Stable Name one which is the real name of any owners of race horses nor one which is the real name of any prominent person not owning race horses.
(h) A trainer who is a licensed owner or part owner may use a Stable Name as owner or part owner providing he is the trainer for the Stable Name owner. No trainer may be licensed as a trainer other than in his legal name.
(i) A Stable Name shall be plainly distinguishable from that of another registered Stable Name. When appearing on the program, the Stable Name must be accompanied by the legal name of the owner. If the Stable Name has more than one owner, one legal name of an owner must appear followed by the term "et al".
(j) A corporate name shall be considered a Stable Name for the purposes of these Rules, but the Commission reserves the right to refuse any corporation the privileges of registering a Stable Name or racing as a corporation unless Section 7 of these rules are complied with.
(k) If more then one (1) person races with a Stable Name registered as the owner, an authorized agent shall be appointed and he shall transact all business.
(a) No person shall be eligible to hold a trainer's license unless he:
(i) Is at least 19 years old.
(ii) Is qualified in the opinion of the Stewards by reason of experience, background and knowledge of racing.
(iii) Passes a written examination administered by the Stewards.
(iv) Passes a "barn test" administered by horsemen's representatives under the supervision of the Stewards.
(b) Each trainer must obtain a license from the Commission. He shall list all the names of owners or part owners of all horses trained by him.
(c) No trainer of race horses shall register under a stable name nor shall he train except under his own legal name.
(d) The Stewards may permit a trainer to act pending action on his application for license, but under no circumstances shall his name appear on a program as trainer nor shall he enter the paddock prior to a race until the license has been issued.
(e) Each trainer shall register with the Racing Secretary all the horses in his charge giving the name, age, sex, breeding and ownership of each. Any horse stabled on the grounds of the Permittee or under the jurisdiction of the Permittee without having been registered, or occupying a stall not assigned for him will be cause for disciplinary action.
(i) When a trainer is to be absent from his stable or the grounds where his horses are racing for a period of more than two racing days and his horses are entered or are to be entered, he must provide a licensed trainer to assume the complete responsibility of the horse or horses he is entering or running. The licensed trainer shall sign in the presence of the Stewards a form furnished by the Commission, accepting complete responsibility of the horses being entered or running and of the absent trainer's other horses stalled on the grounds.
(ii) When a trainer is to be absent from his stable or the grounds where his horses are racing for a period of not more than two racing days, and his horses are entered or are to be entered, he may name an assistant trainer who is licensed by the Commission to assume the complete responsibility of the horses the trainer plans to enter or run and all other horses the trainer has stalled on the grounds.
(iii) Assistant trainers have the same duties as trainers, and are equally responsible with the regular trainer as the absolute insurer of the condition of horses in their care.
(g) A licensed trainer may represent the owner in the matter of entries, declarations and the employment of jockeys, but shall not be allowed to withdraw any money from the Permittee either in his own name or that of an owner nor may he contract obligations against the account of any owner or part owner unless he is the authorized agent of the owner or part owner and has an authorized agents license.
(h) A trainer shall be responsible for the condition of a horse trained by him, and shall be the absolute insurer of that horse's condition during a race, subject to rebuttal of the presumption.
(i) Each trainer shall register with the Commission every person in his employ. He is responsible for the licensing of each employee. He shall not harbor, engage or retain any person that is not licensed.
(j) A trainer shall not have in his charge nor under his supervision any horse owned in whole or in part by a disqualified person.
(k) A trainer shall not accept any bribe, gift or gratuity in any form which might influence the result of any race.
(l) A trainer shall not move any horse in his care from the grounds of a Permittee without permission of from the Racing Secretary or the Stewards.
(m) A trainer shall not employ a jockey for the purpose of preventing him from riding in any race, nor allow a jockey to possess or use any electrical or mechanical device during a race.
(n) A trainer shall promptly report any and all sickness of his horses to the Racing Secretary, to the Official Veterinarian and to the Stewards.
(a) Every veterinarian who examines or treats a horse whose papers are on file in the Racing Secretary's office or treats a horse that is going to be entered as a haul-in entry must be licensed by the Commission.
(b) Each veterinarian must report to the Commission Veterinarian and the Stewards no later than 9 a.m. on the following morning on forms supplied by the Commission the following:
(i) The name of the horse examined and/or treated.
(ii) The name of the owner and trainer of the horse.
(iii) The diagnosis made and the name and amount of all drugs and medicines prescribed or administered.
(iv) The name and amount of all drugs and medicines prescribed for future use by the trainer.
(c) The penalty for falsification of any report or the failure to submit the record shall be permanent barring from the racing enclosures under the jurisdiction of the Commission.
(d) Veterinarians practicing on a race track shall use one time disposable type needles and shall dispose of them in an approved manner.
(e) The use of other than single use disposable syringes is prohibited. Syringes are to be disposed of in a proper manner.