Request By:
Ms. Katherine D. Morgan
Executive Secretary
Kentucky Harness Horsemen's
Association, Inc.
4802-B Brownsboro Center
Louisville, Kentucky 40207
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: George Geoghegan, III, Assistant Deputy Attorney General
The following is in response to your letter dated October 22, 1980, inquiring about the permissibility of pari-mutuel wagering for harness racing at the various county fairs held in Kentucky.
The regulation of pari-mutuel wagering for harness racing is the subject of KRS 230.385(1) which provides in pertinent part:
". . . Such wagering shall be conducted only by a person licensed under this chapter to conduct harness race meetings. . ."
As can be seen, only those licensed by the Kentucky Harness Racing Commission, in accordance with Chapter 230 of the Kentucky Revised Statutes, may conduct such wagering. The prerequisites for the issuance of licenses and awarding of race dates are set forth in KRS 230.690. KRS 230.610(2) states:
"The provisions of KRS 230.610 to 230.760 do not apply to standardbred horse races conducted by any state, county or other fair association, holding not more than one (1) meeting annually, which meeting does not exceed six (6) days and at which there is no pari-mutuel wagering. "
KRS 230.398 provides:
"All sums reported and paid to the commission under the provisions of KRS 230.386 or 230.387 shall be used by it for purses at harness racing events at county fairs within the Commonwealth of Kentucky that have been licensed and approved by it. The commission shall have the authority to adopt rules and regulations as may be necessary for the conduct of such races."
It is apparent from the foregoing that county fairs may offer pari-mutuel wagering in connection with harness race meets as long as the county fairs have complied with the license requirements of KRS 230.690. This would entitle your Association to apply to the Kentucky Harness Racing Commission for a license to conduct Standardbred horse racing. The application shall specify the location of the track and the days on which racing is desired to be conducted or held, and shall be in the form and contain such other information and data as the Commission may, by rule, require. Said application shall be filed at the Commission's general office on or before a day fixed by said office. The fee for a license sought under KRS 230.690 shall be in such amount as prescribed by the Commission, pursuant to KRS 230.680.
The Commission may issue such a license if it finds that the proposed conduct of racing by your Association
". . . would be in the best interest of the public health, safety, and welfare of the immediate community as well as to the Commonwealth, and if by reason of financial stability, track location, traffic flow, facilities for the public, facilities for racing participants and horses, character and reputation for honesty of all persons identified with the association, competence of proposed racing officials and association employees, absence of conflict with other race meetings in time and patronage area, sentiment of the community in which such association proposes to conduct a race meeting, and capability to comply with the rules and rulings of the commission, the licensing of such association would serve to nurture, promote, develop, or improve the Standardbred industry in the Commonwealth. As a condition precedent to the issuance of such license, the commission may require a surety bond or other surety conditioned upon the payment of all taxes due the Commonwealth, together with the payment of operating expenses including, but not limited to, purses and awards to owners of horses participating in races." KRS 230.690(2).
If the Commission decides to grant such a license (the power is discretionary), pari-mutuel wagering would be permissible upon the licensed premises and on the dates and hours for which racing may have been authorized by the Commission. The system of wagering shall be operated only by a totalizator or other mechanical equipment approved by the Commission, in accordance with KRS 230.385(1).