§64-7-3 Racing Commission. - West Virginia Statutes

§64-7-3. Racing Commission.
The legislative rule filed in the State Register on July 29, 2006, authorized under the authority of section six, article twenty-three, chapter nineteen of this code, approved for promulgation by the Legislature on March 11, 2006 and refiled in the State Register on May 5, 2006, relating to the Racing Commission (Greyhound Racing, 178 CSR 2) is authorized with the following amendment:

§178-2-53. Training Tracks.
2-53.1. General physical requirements.

53.1.a. Any public training track must be approved and licensed by the commission. Only a public training track meeting the following criteria shall be eligible to receive funds as provided in WVC §19-23-10.

53.1.b. The state may own or operate or both own and operate any training track built in this state, or a training track may be on land leased at fair market value for a period of twenty years. The state may contract operations to a private entity. Any lease or contract for services will follow the requirements of article three, chapter five-a of this code and the requirements of the Department of Administration regarding purchasing.

53.1.b.1. The track compound shall have (1) a minimum area of twenty acres for development of the initial facility and an additional ten acres available for future expansion, (2) a ten-thousand-gallons-per-minute sewer plant, (3) adequate ingress and egress for safety and accessibility and (4) adequate public parking.

53.1.b.2. The track shall be at least 1,320 feet in circumference or 1/4 mile in length, and the track shall have adequate in-ground heating elements to ensure year-round training.

53.1.b.3. The track shall have an approved racing surface, rails, lure, timing equipment, and starting box. The track surface shall consist of at least six inches of silt surface, followed by at least six inches of fill sand, followed by two inches of rigid insulation with an under-slab membrane.

53.2. Security requirements.

53.2.a. Security shall be adequate to ensure the safety of persons and dogs. The training track must have the following minimum security measures at a kennel compound.

53.2.b. The kennel compound must be surrounded by a perimeter fence which will reduce the likelihood of unauthorized entry. The perimeter fence must be approved by the commission's chief investigator.

53.2.b.1. The training track must have an appropriate check in and out system which will ensure that only those individuals who are licensees or authorized visitors and whose duties clearly require entry to the area will be allowed access.

53.2.b.2. No law-enforcement officer, employee of the commission, or employee of a licensee, when in the performance of official duties, may be denied entry to the kennel compound. All visitors to the kennel compound will be accompanied by a commission representative, the licensee sponsoring the visitor or the licensee's security personnel.

53.2.b.3. Access records will be available to the commission, its investigative personnel and the board of judges on request.

53.2.b.4. In a case of an emergency a veterinarian licensed by the West Virginia State Board of Veterinarian Examiners may be allowed in the kennel compound if accompanied by appropriate personnel.

53.2.b.5. At least one fire extinguisher shall be installed on the exterior wall of each kennel enclosure. The type and size of fire extinguisher must meet the State Fire Marshal's standards.

53.2.b.6. A veterinarian licensed by West Virginia may possess, transport or use any drug or medication which by federal or state law requires a prescription within the confines of the kennel compound.

53.2.b.6.A. A person having a legally valid prescription which includes a complete statement of the uses and purposes of the medication upon the medicine container may possess, transport or use a drug or medication which by federal or state law requires a prescription within the confines of the kennel compound if a copy of the prescription has been filed with the commission veterinarian and he or she has approved the use of the medication prior to its use on a greyhound.

53.2.b.6.B. Over the counter drugs are allowed in the kennel compound however, the medication must be in the original container bearing the manufacturer's label with the serial or lot number.

53.2.b.6.C. While in the compound all medications must be stored in locked cabinets in the kennel.

53.2.b.6.D. The trainer must provide a list of all drugs or medications in the trainer's kennel to the commission veterinarian on a form provided by the commission veterinarian. The trainer is responsible for updating the list on a daily basis so that at all times it reflects the current drugs or medications in the trainer's kennel. A copy of the current list with the commission veterinarian's initials or signature on it must be posted in the trainer's kennel next to the medication cabinet.

53.3. Operation and Maintenance of Kennel Compound

53.3.a. No living quarters are provided and overnight stays will not be permitted except for emergencies. For emergency needs that require 24 hour assistance to a sick or injured greyhound the stay must first be approved by the training track's chief of security.

53.3.b. The following restrictions apply to entry to the compound during the race meet, beginning with the start of official schooling. The kennel compound is a restricted area which requires special security controls and identity verification by security for all persons entering and leaving the compound:

53.3.b.1. The person is a race-meet licensee official, a designated facility employee, or a West Virginia Racing Commission official or employee, each of whom shall present proper identification to the kennel compound security officer;

53.3.b.2. Designated service-company personnel such as a licensed food vendor, electrical maintenance and repair, equipment and building servicing, telephone and utilities service, or garbage collection. These individuals do not require a kennel compound pass, but they must properly identify themselves and their purpose for entering and leaving the facility with the security officer prior to entering and leaving the facility.

53.3.b.3. Visitors to the compound are discouraged; however, the facility licensee may develop a visitor pass system subject to the approval of the commission.

53.3b.4. Alcoholic beverages are not allowed in the kennel compound.

53.4.1. The facility licensee shall be responsible for providing garbage and waste disposal;

53.4.2. Each kennel is responsible for the daily pick up of all turn-out pen waste;

53.4.3. Each kennel is responsible for the regular watering of turn-out pens to minimize odor;

53.4.4. A 5 mile per hour speed limit shall be posted in the kennel compound.