Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
WEST VIRGINIA CODE
‹ Back  |  print page Print
WVC 19 - 23 - 3 §19-23-3. Definitions.
     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 time 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) ôPurseö means any purse, stake or award for which a horse or dog race is run;

     (7) ôRacing associationö or ôpersonö means any individual, partnership, firm, association, corporation or other entity or organization of whatever character or description;

     (8) ôApplicantö means any 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) ôLicenseö means the license required by the provisions of section one of this article;

     (10) ôPermitö means the permit required by the provisions of section two of this article;

     (11) ôConstruction permitö means the construction permit required by the provisions of section eighteen of this article;

     (12) ôLicenseeö 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) ôPermit holderö 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) ôConstruction permit holderö 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) ôHold or conductö includes ôassist, aid or abet in holding or conductingö;

     (16) ôRacing commissionö means the West Virginia Racing Commission;

     (17) ôStewardsö 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) ôPari-mutuelö means a mutuel or collective pool that can be 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;

     (19) ôPari-mutuel clerkö means any employee of a licensed racing association who is responsible for the collection of wagers, the distribution of moneys for winning pari-mutuel tickets, verification of the validity of pari-mutuel tickets and accounting for pari-mutuel funds;

     (20) ôPoolö means a combination of interests in a joint wagering enterprise or a stake in such enterprise;

     (21) ôLegitimate breakageö is the percentage left over in the division of a pool;

     (22) ôTo the dimeö means that wagers shall be figured and paid to the dime;

     (23) ôCodeö means the Code of West Virginia, 1931, as heretofore and hereinafter amended;

     (24) "Accredited thoroughbred horse" means a thoroughbred horse that is registered with the 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) ôAccredited West Virginia sireö 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) ôBreeder of an accredited West Virginia horseö is the owner of the foal at the time it was born in West Virginia;

     (27) ôRaiser of an accredited West Virginia horseö 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 the 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 racing 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 ôowner of an accredited West Virginia sireö is the owner of record at the time the offspring is conceived;

     (29) The ôowner of an accredited West Virginia horseö means the owner at the time the horse earned designated purses to qualify for restricted purse supplements provided in section thirteen-b of this article;

     (30) ôRegistered greyhound ownerö means an owner of a greyhound that is registered with the National Greyhound Association;

     (31) ôFundö means the West Virginia Thoroughbred Development Fund established in section thirteen-b of this article; and

     (32) ôRegular purseö means both regular purses and stakes purses. Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ***