PART 1409 OWNERSHIP, PARTNERSHIP, AND STABLE NAME : Sections Listing

TITLE 11: ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING
SUBTITLE B: HORSE RACING
CHAPTER I: ILLINOIS RACING BOARD
SUBCHAPTER g: RULES AND REGULATIONS OF HORSE RACING (THOROUGHBRED)
PART 1409 OWNERSHIP, PARTNERSHIP, AND STABLE NAME


 

Section 1409.5  Racing Colors

 

Owners or trainers shall provide racing colors, which may be subject to the approval of the Board, except at racetracks where colors are furnished by the organization licensee.  Racing colors shall be registered with the Racing Secretary.  The Stewards may authorize a temporary substitution of racing colors when necessary.  The racing colors to be worn by each jockey in a race shall be described in the program, and any change shall be announced to the public prior to the commencement of the race.

 

(Source:  Amended at 35 Ill. Reg. 15088, effective September 1, 2011)

 

Section 1409.10  Application for Colors (Repealed)

 

(Source:  Repealed at 35 Ill. Reg. 15088, effective September 1, 2011)

 

Section 1409.20  Deviations

 

Any deviation from the recorded colors of the owner or lessee must be approved by the stewards, and posted by the clerk of the scales on the notice board.

 

(Source:  Amended at 17 Ill. Reg. 12429, effective July 16, 1993)

 

Section 1409.30  Register Name of Real Owner and Lessee

 

All horses shall be registered in the name of the real owner or owners and lessee or lessees with the racing secretary of the race track operator at which it is intended to race such horses. Before making registration, trainers shall learn the facts of ownership or leasehold interest of all horses registered by said trainer.

 

(Source:  Amended at 17 Ill. Reg. 12429, effective July 16, 1993)

 

Section 1409.40  Owner-Trainer Registrations

 

If the registration is made by the trainer, owner, trainer and lessee shall be bound by such registration.

 

(Source:  Amended at 17 Ill. Reg. 12429, effective July 16, 1993)

 

Section 1409.50  Change in Ownership

 

Any change in ownership of a horse or horses or leasehold or other interest therein shall be immediately made in Registration Book and additional affidavit filed if necessary.

 

(Source:  Amended at 17 Ill. Reg. 12429, effective July 16, 1993)

 

Section 1409.60  False Registration

 

In the event of any false registration or false affidavit, the guilty parties shall be fined, suspended or ruled off, and the horse or horses involved suspended or ruled off.

 

Section 1409.70  List of Changes

 

The Registration Clerk shall furnish the stewards and the Board each day, a complete list of any changes in ownership, leasehold interest, or trainer of any horse or horses.

 

(Source:  Amended at 17 Ill. Reg. 12429, effective July 16, 1993)

 

Section 1409.80  Stable Names

 

a)         A person wishing to race under a stable name may do so by registering and by paying the fee of $50, the said registration being effective only during the calendar year.

 

b)         A person cannot register more than one stable name at the same time, nor can he use his real name so long as he has a registered one.

 

c)         A stable name may be changed at any time by registering a new stable name and paying the fee of $50.

 

d)         A person cannot register as his stable name one which has already been registered by any other person or one which is the real name of any owner or lessee of race horses.

 

e)         Any person who has registered under a stable name may at any time abandon it after he has given written notice and the fact of the abandonment has been duly advertised.

 

f)         The stable name must be carried on the official program with the name of at least one owner or lessee. If stable name consists of more than one owner or lessee, the program will list the name of the owner or lessee a long with the phrase "et al."

 

(Source:  Amended at 17 Ill. Reg. 12429, effective July 16, 1993)

 

Section 1409.90  Registration of Stable Names

 

All registration of stable names by The Jockey Club (New York), the National Steeplechase and Hunt Association, and the incorporated Canadian Racing Associations, shall be respected in Illinois, provided however, that the Board may at any time demand any one engaged in racing on the Illinois tracks to disclose his or her real name, the Illinois Racing Board being an agency for the registration of stable names.

 

Section 1409.100  Trainers' Use of Stable Names

 

Where an application is filed for a stable name or farm name, or nom de course which must have been properly registered, such application shall be accompanied by proper affidavit of ownership or leasehold interest as provided for under Sections 120, 180 and 185 of this Part.

 

(Source:  Amended at 17 Ill. Reg. 12429, effective July 16, 1993)

 

Section 1409.110  Affidavit of Ownership

 

Where an application is filed for a stable name or farm name, or nom de course which must have been properly registered, such application shall be accompanied by proper affidavit of ownership or leasehold interest as provided for under Sections 120, 180 and 185 of this Part.

 

(Source:  Amended at 17 Ill. Reg. 12429, effective July 16, 1993)

 

Section 1409.120  Partnerships

 

All partnerships must be registered and the name and address of every person having any interest in a horse, the relative proportions of such interests and the terms of any sale with contingencies, lease or other arrangement must be signed by all the parties or by their authorized agents and be lodged with the racing secretary, a copy of which shall be transmitted after the race meeting to the office of the Illinois Racing Board. All the partners and each of them shall be jointly and severally liable for all stakes and forfeits.  All partners of a general partnership shall be licensed as owners.  In the case of a limited partnership, all general partners and limited partners owning a 5% or more interest in the limited partnership shall be licensed as owners.  These licensure requirements shall apply to all partnerships owning any interest in a horse.  All non-licensed partners shall be eligible for licensure. Any non-licensed partner shall submit application materials sufficient for the Board to verify his status whenever the stewards have determined that it is more probable than not that such person is ineligible for licensure. Such materials shall consist of the name, social security number, fingerprints, or other material required of an applicant for an owner's license.  If any non-licensed partner is ineligible for licensure then each of the partners and the partnership shall be ineligible for licensure.

 

(Source:  Amended at 17 Ill. Reg. 12429, effective July 16, 1993)

 

Section 1409.130  Corporations

 

All corporations having an interest in a horse shall at the time of filing application for an owner's license file statement in duplicate setting forth the names and addresses of all officers, directors, and stockholders of said corporation, together with the amount of the respective holdings of each stockholder and a statement as to whether or not said stock is paid in full, and including the designation of an authorized agent or agents of said corporation. The said statement shall be signed by the president of the corporation, attested to by its secretary, and the corporate seal attached. A copy of said statement shall be transmitted promptly to the office of the Illinois Racing Board by the state steward. All officers, directors and shareholders owning 5% or more of any class of stock of a corporation shall be licensed as owners.  These licensure requirements shall apply to all corporations owning any interest in a horse.  All non-licensed shareholders shall be eligible for licensure.  Any non-licensed shareholder shall submit application materials sufficient for the Board to verify his status whenever the stewards have determined that it is more probable than not that such person is ineligible for licensure.  Such materials shall consist of the name, social security number, fingerprints, or other material required of an applicant for an owner's license.  If any non-licensed shareholder is ineligible for licensure then each of the shareholders and the corporation shall be ineligible for licensure.

 

(Source:  Amended at 17 Ill. Reg. 12429, effective July 16, 1993)

 

Section 1409.132  Number of Stockholders (Repealed)

 

(Source:  Repealed at 13 Ill. Reg. 1841, effective January 27, 1989)

 

Section 1409.135  File Reports With Board

 

Any corporation and all stockholders or members thereof which lease horses for racing purposes in the State of Illinois shall file with the Board upon request a report or reports containing such information as the Board may specify.  Upon refusal or failure to file such report or reports the Board may refuse a license to any lessee or lessees of such corporation and/or may revoke any such license which it may have granted.

 

(Source:  Amended at 17 Ill. Reg. 12429, effective July 16, 1993)

 

Section 1409.138  Board May Waive Requirements

 

Any of the above requirements may be waived by the Board.

 

(Source:  Amended at 17 Ill. Reg. 12429, effective July 16, 1993)

 

Section 1409.140  Change in Officers

 

Any transfer of stock of such corporation or change in the officers or directors thereof shall be reported in writing to the state Stewards at the track where the corporation is racing horses within 48 hours of such change. The state Stewards shall immediately transmit such information to the Illinois Racing Board.

 

(Source:  Amended at 17 Ill. Reg. 12429, effective July 16, 1993)

 

Section 1409.150  Entries, Declarations and Winnings

 

All statements of sales and contingencies or arrangements, by partnerships, corporations, lessors or lessees shall declare to whom winnings are payable, in whose name the horse shall run and with whom rests the power of entry or declaration of forfeit. A copy of this information shall be transmitted to the Illinois Racing Board.

 

(Source:  Amended at 17 Ill. Reg. 12429, effective July 16, 1993)

 

Section 1409.160  Signature by Racing Secretary

 

In cases of emergency, the authority to sign a declaration of partnership may be given to the racing secretary by a telegram promptly confirmed in writing.

 

(Source:  Amended at 17 Ill. Reg. 12429, effective July 16, 1993)

 

Section 1409.170  Consent of Partners

 

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 shall be filed with the racing secretary.

 

(Source:  Amended at 17 Ill. Reg. 12429, effective July 16, 1993)

 

Section 1409.180  Name All Owners

 

If a stable name or nom de course is used, even though printed in the program with the personal name of the owner or owners, lessors or lessees, or if a horse is actually owned or leased in whole or in part by any person other than the registered owner, or any lien or contingent interest in said horse is held by any other person or if the registered owner or owners, lessors or lessees of any horse has or have borrowed money for the purchase or lease of said horse in whole or in part, or for the upkeep or maintenance thereof, an affidavit shall be filed at the time of such registration in duplicate.  One copy shall be retained by the racing secretary of the track operator and one shall be filed with the Board, on a printed form to be furnished by the Board.  A registration so made at one track need not be repeated at succeeding tracks in the same racing season unless required by change in ownership.  The racing secretary of the track operator shall, at the termination of its meeting, immediately forward all affidavits on file with him to the racing secretary of the succeeding meeting in the area or state.

 

(Source:  Amended at 17 Ill. Reg. 12429, effective July 16, 1993)

 

Section 1409.185  Corporation With Stable Name

 

Nothing herein contained shall excuse a corporation which owns or leases a horse running under a stable name or nom de course from complying with the provisions of Sections 1409.120 and 1409.130.

 

(Source:  Amended at 17 Ill. Reg. 12429, effective July 16, 1993)