Section R19-2-304. Permittee Responsibilities

A.      A permittee shall maintain the grounds in a neat, clean, and safe condition. If a steward determines that compliance does not exist, the steward shall require that the permittee immedi- ately bring the grounds into compliance.

B.       A permittee shall not allow a person, corporation, firm, or association not licensed by the Department to do or perform any act at the permittee’s track that requires a license under

A.R.S. Title 5, Chapter 1, or these rules.

C.      A permittee shall ensure that employees of the permittee are licensed and shall furnish the Department a list of the employ- ees upon request.

D.      A permittee shall take all steps necessary to deny access to the permittee grounds by a person who has been ruled off or whose license has been revoked or suspended.

E.       A permittee or any of its employees shall not obstruct in any way a representative of the Department acting in the perfor- mance of official duties.

F.       A permittee shall not knowingly allow on its grounds any bet- ting or other operation in contravention of any law of Arizona or the United States.

G.      A permittee who knows of a violation of any racing rule or statute shall immediately report the violation to the Depart- ment and shall cooperate with the Department and state, fed- eral, and local authorities in investigation of the violation.

H.      A permittee shall provide the following services at the track:

1.        An adequate security force that shall:

a.         Maintain order;

b.        Exclude from the grounds all handbooks, touts, and operators of gambling devices;

c.         Exclude from the grounds all persons ruled off by the stewards or the Department;

d.        Exclude from the grounds all persons not eligible for a license, pursuant to A.R.S. § 5-108, and all other undesirables; and

e.         Report immediately to the stewards any licensee who, while on the premises of the permittee, creates a disturbance, is intoxicated, interferes with any rac- ing operation, or acts in an abusive or threatening manner to any racing official or other person.

2.        A security guard stationed at the kennel area entrance that shall:

a.         Deny entrance to all persons not holding a license or credentials issued by the Department or a Depart- ment pass issued by the permittee; and

b.        Allow any person seeking employment with the per- mittee to have access to the kennel area for a period of one day, if:

i.         The person is given a numbered card or tempo- rary badge,

ii.        A list of recipients of the numbered cards or temporary badges is provided to the track office of the Department upon request, and

iii.      The numbered card or badge is retrieved by the security guard when the person leaves the restricted area.

3.        During a race meeting, a permittee shall provide 24-hour security at the entrance to the kennel compound. The per- mittee shall establish a system to monitor those who enter and leave the compound ensuring that only licensed per- sonnel, authorized visitors, and those whose duties clearly require entry to the area are permitted access. A public safety officer or Department employee in the per- formance of official duties shall be granted access to the kennel compound. An unlicensed visitor shall be accom- panied by a licensee or security personnel and shall obtain a temporary badge before entering the kennel com- pound. The licensee requesting the admittance of a visitor is responsible for the conduct of the visitor and shall ensure that the visitor complies with all Department rules.

4.        A furnished office, including utilities and necessary office equipment, for exclusive use of Department employees and officials.

5.        A uniformed security official approved by the Depart-

ment shall be on duty in the test area during its regular business hours to:

a.         Provide security, and

b.        Monitor  the  collection  procedure   and  sealing  of samples taken from the greyhounds.

6.        Adequate space and facilities so that the testing personnel may perform inspections, tests, and other collection pro- cedures.

7.        First aid quarters available during racing hours.

I.        A permittee shall ensure that wagering conducted upon the grounds of the permittee is done only under the pari-mutuel method as provided by statute and these rules and by the use of mechanical or other equipment as required by the Department. A permittee shall ensure that there is no bookmaking or betting other than by the pari-mutuel method.

J.        A permittee shall not allow the official racing of greyhounds on any track under its control unless:

1.        All track rules are posted conspicuously and a copy of the track rules is filed with the Department,

2.        The conditions of the race are written by the racing secre- tary at the meeting,

3.        The entries are made in accordance with the requirements in R19-2-316, and

4.        The race is programmed as a part of a regular racing card conducted under the pari-mutuel system.

K.      A simulcast originating from a racing facility within the state of Arizona may be permitted provided the out-of-state facility receiving the signal operates under the approval and regulation of an official agency of that state.

L.       Each day as soon as the entries have been closed and compiled and the declarations have been made, a permittee shall post a list of the entries in a conspicuous place.

M.     A permittee shall print a racing program each day that contains a list of permittee, track and racing officials, and permittee directors, along with pertinent rules designated by the Depart- ment.

N.      A permittee may not allow an official to act until the official’s appointment has been approved by the Department; provided, however, that in the case of sickness or inability to act, the pro- visions of R19-2-309(A)(5) apply.

O.      A permittee shall provide a photo finish and videotape device approved by the Department to record all official races. The photographs and videotapes may be used to aid the stewards in determining the finishes of races. A permittee shall retain for three months all official race photographs and videotapes. The Department may require that specific photographs and video-

tapes be retained for a longer period or transmitted to the Department for use in administrative or judicial proceedings.

P.       The Department shall approve any automatic timing device installed by a permittee.

Q.      All permittees shall provide annual financial statements audited and certified by a firm approved by the auditor gen- eral.

1.        The audit shall comply with audit standards prescribed by the auditor general.

2.        The financial statements shall be prepared in accordance with generally accepted accounting practices.

R.      The following information shall accompany the financial statements on a form provided by the Department:

1.        The total amount of salaries and bonuses expense,

2.        Legal and accounting expenses attributable to racing- related matters,

3.        An explanation of the types of revenues and expenses classified in accounts titled “other,”

4.        Additional information requested by the Commission or the Department, and

5.        Financial statements submitted within 120 calendar days of the end of the calendar year.

S.       Each permittee shall comply with the provisions of Article 2 of this Chapter.

Historical Note

Adopted effective August 5, 1983 (Supp. 83-4).

Amended subsection (Q) effective June 6, 1986 (Supp. 86-3). Amended effective March 20, 1990 (Supp. 90-1).

Amended effective August 6, 1991 (Supp. 91-3). R19-2- 304 recodified from R4-37-304 (Supp. 95-1). Amended by final rulemaking at 12 A.A.R. 1771, effective July 1, 2006 (Supp. 06-2). Amended by exempt rulemaking at 17

A.A.R. 1484, effective July 20, 2011 (Supp. 11-3).