Other Licenses - Horse Racing - Business & Professions - CA

Section § 19520

This law requires that anyone involved in horse racing in certain roles must be licensed by the board overseeing horse racing. These roles include various positions like jockeys, trainers, and veterinarians, among others. Licenses must include a current photo, and individuals cannot participate in races without a valid license. The board may also set rules for licensing, including tests for certain positions like outriders. Detailed definitions specify what each role entails, making it clear who needs a license.

(a)

(1) Every person not required to be licensed under Article 4 (commencing with Section 19480) who participates in, or has anything to do with, the racing of horses in any of the following capacities shall be licensed by the board pursuant to rules and regulations that the board may adopt and upon the payment of a license fee fixed and determined by the board:

(A) Assistant trainer.

(B) Association employee.

(D) Corporate officer.

(E) Driver.

(F) Exercise rider.

(G) Farrier.

(H) Jockey.

(I) Jockey agent.

(J) Jockey apprentice.

(K) Jockey valet.

(L) Off-track wagering personnel.

(M) Open claim owner.

(N) Outrider.

(O) Owner.

(P) Parimutuel employee.

(Q) Pony rider.

(R) Safety personnel.

(S) Special event personnel.

(T) Stable agent.

(U) Stable foreman.

(V) Stableworker.

(W) Stakeholder representative.

(X) Trainer.

(Y) Vendor or vendor employee.

(Z) Veterinarian.

(AA) Veterinarian assistant.

(2) Any license issued pursuant to this article shall include a current photograph of the licensed person.

(b) A person required to be licensed pursuant to this article shall not participate in any capacity in any horse race meeting without a valid and unrevoked license authorizing the participation.

(c) The board may adopt regulations to require outrider license applicants to pass both a written and an oral examination and to authorize outriders to exercise the duties and powers of the board set forth in Section 19440 as are delegated by the board.

(d) For purposes of this section, the following definitions apply:

(1) “Assistant trainer” means a person employed by a trainer that has passed the board-issued trainer’s examination but fails to meet the board’s minimum qualifications for a trainer’s license.

(2) “Association employee” means a person hired by a racing association that has access to the licensed inclosure. An “association employee” includes management of the racetrack and persons hired to work as maintenance, food service, media, security, and racing staff.

(3) “Bloodstock agent” means a person who for gain, gratuity, commission or reward, in either money or goods, acts as an agent for the sale or purchase of any racehorse not their own that is eligible to race at an authorized race meeting in the state.

(4) “Corporate officer” means an officer, director, or partner, or an individual who holds 5 percent or more of outstanding shares, of an advance deposit wagering, mini-satellite wagering provider, simulcast service supplier, or totalizer company.

(5) “Driver” means a person who drives and controls the horse from a seated position on a two-wheel sulky.

(6) “Exercise rider” means a person mounted and exercising a horse within a licensed inclosure.

(7) “Farrier” means a person responsible for shoeing and caring for equine hooves. A “farrier” is also interchangeably referred to as a “horseshoer” or “plater.”

(8) “Jockey” means a race rider.

(9) “Jockey agent” means a person who represents a jockey whose main responsibility is to arrange and book mounts.

(10) “Jockey apprentice” means a race rider who otherwise meets the license qualifications of a jockey, but has not ridden the requisite number of winners, as established by the board.

(11) “Jockey valet” means a person responsible for preparing both jockey and horse for racing.

(12) “Off-track wagering personnel” means a person employed at an off-track simulcast wagering facility or a person employed to represent an organization overseeing off-track wagering at a simulcast location pursuant to section 19608.2.

(13) “Open-claim owner” means a prospective owner of a horse entered into a claiming race.

(14) “Outrider” means a person responsible for providing a safe environment during training or racing.

(15) “Owner” means the owner, part owner, or lessee of a horse. An interest only in the earnings of a horse does not constitute ownership.

(16) “Parimutuel employee” means a person hired to work for the company licensed to accept wagers on the outcome of a horse race. A “parimutuel employee” includes totalizer technicians and those persons employed by a licensed totalizer company.

(17) “Pony rider” means a person riding a pony horse on training or race days.

(18) “Safety personnel” means a person hired to provide security, medical services, or emergency services within a racing inclosure.

(19) “Special event personnel” means a person who works for the Breeders’ Cup World Championships when the event is held at a board-licensed racing facility or a person who is otherwise hired for a temporary racing event.

(20) “Stable agent” means a person who is the authorized representative of a stable or an owner that may act on their behalf in managing the schedule of races.

(21) “Stable foreman” means a person in charge of daily operations in a racing stable.

(22) “Stableworker” means a person employed at the operation of a stable at a board-licensed inclosure that is not more specifically described by another classification. This classification includes those who feed, groom, exercise, train, and conduct general care of horses.

(23) “Stakeholder representative” means a person whose constituents are located within a licensed inclosure. This includes clergy, union representatives, and representatives from state-recognized organizations of trainers or horsepersons.

(24) “Trainer” means a person who has passed the board’s trainer’s examination and otherwise meets the board’s qualifications for licensure as established pursuant to regulation.

(25) “Vendor or vendor employee” means a person who provides goods or services related to horse racing at a facility licensed by the board. A “vendor” includes persons who access the licensed inclosure for the purpose of delivering equine supplies or transporting equines and maintenance workers, media, food service staff, jockey room staff, and stable staff.

(26) “Veterinarian” means a California-licensed veterinarian.

(27) “Veterinarian assistant” means a person employed by a board-licensed veterinarian.

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Section § 19521

This law states that a license related to horse racing can be given for up to three years, and the board can decide on the exact duration and the fee schedule through regulations. The license is valid for all horse racing events in California during its effective period, unless it gets suspended or revoked earlier.

(a) A license issued pursuant to this article shall be issued for a period not to exceed three years, which the board may, by regulation, establish. The board may establish a license fee schedule consistent with the different period for which the licenses may be granted.

(b) The license shall be valid at all horse racing meetings in this state during the period for which it is issued, unless it is suspended or revoked before the expiration of the period.

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Section § 19522

This law section explains the requirements for a satellite facility supervisor at wagering facilities operated by the state or on public land, ensuring they monitor the performance of licensees. However, if a fair satellite facility makes less than $10 million annually, it can skip these requirements if its board deems them unfeasible after a public hearing. The board must notify the supervising board in advance and maintain all legal and regulatory responsibilities. They also need to inform the board about who will take over the supervisor’s duties within 10 days after a decision is made.

(a) The board shall also set forth requirements for the position of satellite facility supervisor for all satellite wagering facilities operated by the state or on public land. The satellite facility supervisor shall, among other things, monitor the performance of licensees at the facilities.

(b) A fair satellite facility generating less than ten million dollars ($10,000,000) annually in total handle may elect not to be subject to the requirements of this section if the board of directors of the fair satellite facility, after a public hearing, deems those requirements to be not economically feasible and all of the following requirements are met:

(1) Thirty days prior to the public hearing, the fair board notifies the board in writing of its intention to take the action described in this subdivision.

(2) The fair satellite facility shall continue to abide by all laws and regulations pertaining to the operation of a satellite facility, including the responsibilities of the position of satellite facility supervisor.

(3) Notice of the fair board’s action shall be provided to the board within 10 days of approval by the fair board. Notice shall include the name and contact information of the individual or individuals assuming the responsibilities of the position of satellite facility supervisor.

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Section § 19523

This law allows a board to remove any racing official or employee if they suspect the person has engaged in dishonesty related to horse racing, not followed rules set by the license they hold, or broken any laws or regulations set by the board.

The board may, at any time, require the removal of any racing official or employee in any case where it has reason to believe that the official or employee has been guilty of any dishonest practice in connection with horse racing, has failed to comply with any condition of the licensee’s license, or has violated any law or any rule or regulation of the board.

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Section § 19525

This law regulates the sale, purchase, and transfer of horses used for racing or showing. Any transaction must include a written document detailing the purchase price signed by buyer and seller, or their agents. It's illegal for someone to act as an agent for both the seller and buyer without both parties' knowledge and written consent. Agents can't receive over $500 from third parties without full disclosure and written consent from their client. Agents must provide financial records upon request, and anyone harmed by violations can claim triple damages. Contracts for commissions need to be in writing to be enforceable. Violations may lead to license suspension or revocation. Public auctions have some exceptions under certain conditions, like being properly licensed.

(a) For purposes of this section, “equine” means a horse of any breed used for racing or showing, including prospective racehorses, breeding prospects, stallions, stallion seasons, broodmares, yearlings, or weanlings, or any interest therein.

(b) Any sale, purchase, or transfer of an equine shall be both of the following:

(1) Accompanied by a written bill of sale or acknowledgment of purchase setting forth the purchase price.

(2) Signed by both the purchaser and the seller or their duly authorized agents or, in a transaction solely relating to a season or fractional interest in a stallion, signed by the syndicate manager or stallion manager.

(c) When a transaction described in subdivision (b) is accomplished through a public auction, the bill of sale requirement may be satisfied by the issuance of an auction receipt generated by the auction house and signed by the purchaser or an agent whom the purchaser has authorized.

(d) It is unlawful for a person to act as a “dual agent,” which is hereby defined as a person acting as an agent for both the purchaser and the seller, in a transaction involving the sale, purchase, or transfer of an interest in an equine without the prior knowledge of both the purchaser and seller, and the written consent of both the purchaser and seller.

(e) It is unlawful for a person acting as an agent for either a purchaser or a seller or acting as a dual agent in a transaction involving the sale, purchase, or transfer of an equine to receive in excess of five hundred dollars ($500) worth of compensation, fees, gratuities, or other items of value, related directly or indirectly to that transaction, from an individual or entity, including any consigner involved in the transaction, other than the agent’s principal, unless both of the following occur:

(1) The agent receiving the item of value and the individual or entity giving the item of value disclose the transfer of that item of value in writing to the principal or principals for whom the agent is acting.

(2) Each principal for whom the agent is acting consents thereto in writing.

(f) Any person acting as an agent for a purchaser or seller or acting as a dual agent in a transaction involving the sale, purchase, or transfer of an equine shall, upon request by his or her principal or principals, provide to the requesters copies of all financial records in the possession or control of the agent pertaining to the transaction. For purposes of this subdivision, financial records shall not include the agent’s or owner’s work product used to internally evaluate the equine.

(g) Any person injured by a violation of this section shall recover treble damages from persons or entities violating this section.

(h) No contract or agreement for payment of a commission, fee, gratuity, or any other form of compensation in connection with any sale, purchase, or transfer of an equine shall be enforceable by way of an action or defense unless both of the following occur:

(1) The contract or agreement is in writing and is signed by the party against whom enforcement is sought.

(2) The recipient of the compensation provides a written bill of sale or auction receipt for the transaction in accordance with paragraph (1) of subdivision (b) and subdivision (c) respectively.

(i) The board may suspend or revoke the license of any person who violates this section.

(j) Subdivisions (g) and (h) shall not apply to the acts or omissions of an entity or individual engaged in conducting a public auction of an equine, or the entity or individual’s employees or agents, if both of the following conditions apply:

(1) The acts or omissions of the entity, individual, employee, or agent are in furtherance of or pursuant to the conduct of the public auction of an equine.

(2) The entity or individual is appropriately licensed or authorized to conduct that specific public auction by the California Horse Racing Board and any other governmental entity whose permission or authorization is required to conduct the auction.

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Section § 19526

This section outlines the requirements for trainers to keep detailed payroll records for their employees, including names, addresses, work hours, and wages. These records must be available for inspection by the employees, board, and labor authorities, and must be provided within specific timeframes upon request. Trainers are also required to submit certain tax forms and notify changes in record locations. Failure to comply can result in license suspension. The Labor Commissioner is tasked with auditing trainers’ records to ensure compliance with labor laws, particularly those not under a collective bargaining agreement.

(a) Each trainer shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, paid to each of his or her employees.

(b) The payroll records enumerated under subdivision (a) shall be available for inspection at all reasonable hours at the principal office of the trainer on the following basis:

(1) A copy of an employee’s payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative upon request.

(2) A copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to the board and the Division of Labor Standards Enforcement of the Department of Industrial Relations.

(3) On or before January 31 of each year, each trainer shall provide copies of federal W-2 and 1099 tax forms for his or her backstretch employees for the previous calendar year to the administrator of the pension fund for backstretch employees.

(c) The payroll records described in this section shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.

(d) A trainer shall make the records enumerated in subdivision (a) available to an employee or his or her authorized representative within 10 days after receipt of a written request.

(e) The trainer shall inform the board of the location of the records enumerated under subdivision (a), including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address.

(f) In addition to any other penalty imposed by law, any trainer who fails to provide access to the records enumerated in subdivision (a) to the board, the employee or his or her authorized representative, the administrator of the pension or welfare funds, or to the Division of Labor Standards enforcement as required by law shall be subject to suspension of his or her license.

(g) Except for trainers covered by an operative collective bargaining agreement pursuant to Section 19613.7, the board may require, as a condition of issuing or renewing a trainer’s license, that the trainer submit a declaration that they have maintained true and correct payroll records and have complied with the requirements of the Labor Code and applicable wage orders of the Industrial Welfare Commission.

(h) The Labor Commissioner shall establish and maintain a program to audit the payroll records of trainers who are not parties to a collective bargaining agreement entered pursuant to Article 2.5 (commencing with Section 19455) and who operate in California for 90 or more racing days in a calendar year, in a manner to ensure that every subject licensee is audited at least once prior to January 1, 2006. Evidence of substantial noncompliance with the Labor Code and applicable wage orders of the Industrial Welfare Commission shall be referred by the board to the Labor Commissioner.

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