Horse Racing Law
Amendments
| June 6, 1949 Law No.197 | Law which amends a part of the Horse Racing Law |
| June 6, 1949 Law No.198 | Law which amends a part of the Horse Racing Law |
| December 17 1949 Law No.275 | Law which amends a part of the Horse Racing Law |
| May 31 1950 Law No.216 | Law which amends a part of the Horse Racing Law |
| December 12 1950 Law No.259 | Law which amends a part of the Horse Racing Law |
| December 21, 1950 Law No.294 | Law which amends a part of the Horse Racing Law |
| April 9, 1951 Law No.141 | Law which amends a part of the Horse Racing Law |
| May 22, 1951 Law No.156 | Law which amends a part of the Horse Racing Law |
| June 14, 1955 Law No.21 | Law which amends a part of the Horse Racing Law |
| April 20, 1962 Law No.83 | Law which amends a part of the Horse Racing Law |
| March 31 1965 Law No.22 | Law which amends a part of the Law which amends a part of the Horse Racing Law |
| May 17, 1968 Law No.52 | Law which amends a part of the Horse Racing Law |
| May 10, 1991 Law No.70 | Law which amends a part of the Law which amends a part of the Horse Racing Law and the Japan Racing Association Law |
| June 9, 2004 Law No.86 | Law which amends the Horse Racing Law in part |
| June 6, 2007 Law No.76 | Law which amends a part of the Horse Racing Law and the Japan Racing Association Law |
Related Laws
| May 31 1949 Law No.155 | Article 6 of the Law concerning the rearrangement of the related laws and ordinances accompanying the enforcement of the Ministry of Agriculture and Forestry Establishment Law |
| May 30 1950 Law No.210 | Paragraph 12, Supplementary Provisions, the Local Finance Committee Establishment Law |
| July 31. 1952 Law No.262 | Article 5 of the Law concerning the rearrangement of the related laws and ordinances accompanying the enforcement of the Autonomy Agency Establishment Law |
| August 15. 1953 Law No.213 | Article 50 of the Law concerning the rearrangement of the related laws and ordinances accompanying the enforcement of the Law which amends a part of the Local Autonomy Law |
| May 13, 1954 Law No.95 | Paragraph 41, Supplementary Provisions of the Law amending a part of the Local Tax Law |
| July 1, 1954 .Law No.205 | Paragraph 12, Supplementary Provisions of the Japan Racing Association Law |
| March 24, 1958 Law No.12 | Paragraph 9, Supplementary Provisions of the Law which amends a part of the National Treasury Receipts and Disbursements, Etc., Fraction Calculation Law |
| June 30, 1960 Law No.113 | Article 28, Supplementary Provisions of the Law which amends a part of the Autonomy Agency Establishment Law |
| June 1, 1974 Law No.71 | Article 8, Supplementary Provisions of the Law which amends a part of the Local Autonomy Law |
| July 5, 1978 Law No.87 | Item 9, Article 12, Supplementary Provisions of the Law which amends a part of the Ministry of Agriculture and Forestry Establishment Law |
| June 29, 1994 Law No.49 | Article 43 of the Law concerning the readjustment of the related laws and ordinances accompanying the enforcement of the Law which amends a part of the Local Autonomy Law |
| June 24, 1997 Law 103 | Article 39 of the Law on the creation of financial statements of special public corporations |
| December 8, 1999 Law No.151 | Article 28 of the Law on the readjustment, etc., of the relevant laws and ordinances accompanied by the enforcement of the law which amends the civil code in part |
| December 22, 1999 Law No.160 | Article 782 of the Enforcement Law of the laws and ordinances concerning the reforms of central government ministries and agencies, etc. |
Horse Racing Law
Index
Chapter 1 - General Provisions (Article 1)
Chapter 2 - National Racing (Article 2-Article 18)
Chapter 3 - Regional Public Racing (Article 19-Article 23-46)
Chapter 4 - Miscellaneous Provisions (Article 24-Article 29-2)
Chapter 5 - Penal Provisions (Article 30-Article 34)
Supplementary Provisions
Chapter 1: General Provisions
Article 1: The Japan Racing Association and Japan's forty-seven prefectures can hold horse racing under this Law.
2. Inclusive of the special wards (the same shall apply hereinafter), the municipalities which fall under one of the following Items, and those which have been designated by the Minister for Home Affairs in consultation with the Minister for Agriculture, forestry and Fisheries and in consideration of their special necessity from the standpoint of financing (hereinafter referred to as "designated municipalities") can hold horse racing under this Law from the date of this designation up to the expiry date of the period of such designation, when this special necessity is expected to cease.
| (1) | Municipalities which have suffered severe damage from natural disasters. | |
| (2) | Municipalities in which Regional Public Racing racecourses are located within their territorial limits. |
3. When the Minister of Home Affairs designates municipalities under the provisions of Paragraph 2, above, the minister shall hear opinions of the Local Finance Council.
4. Conditions can be attached to the designation under the provisions of Paragraphs 2 and 3, above.
5. The horse racing held by the Japan Racing Association shall be called "National Racing" and the horse racing held by the forty-seven prefectures or by the designated municipalities shall be called Regional Public Racing
6. No person other than the Japan Racing Association, the forty-seven prefectures, or the designated municipalities, can hold horse racing by selling pari-mutuel betting tickets or any facsimile thereof.
Chapter 2: National Racing
Article 2: Racecourses
There shall be up to 12 racecourses under National Racing as prescribed in the Ministerial Ordinance of the Ministry of Agriculture, Forestry and Fisheries.
Article 3: Conduct of Horse Racing
National Racing shall not be conducted in excess of the scope prescribed in the Ministry of Agriculture, Forestry and Fisheries Ordinance, or in violation of the dates prescribed in it with regard to the following Items:
| (1) | The annual number of meetings | |
| (2) | The annual number of meetings per racecourse | |
| (3) | The number of days per meeting | |
| (4) | The number of races per day |
Article 3-2: Entrusting Activities of Implementing Horse Racing
The Japan Racing Association can entrust the implementation of horse racing to the forty-seven prefectures, municipalities, or private persons under the provisions of the Cabinet Ordinance.
Article 4: Admission Fees
In conducting horse racing, the Japan Racing Association shall collect from an entering person (exclusive of the persons provided for in each Item of Article 29, and any other persons prescribed in the Ministry of Agriculture and Forestry Ordinance) an admission fee equal to or more than that prescribed in the Ministry of Agriculture, Forestry and Fisheries Ordinance. However, this shall not apply when the approval for other handling is obtained from the Minister for Agriculture, Forestry and Fisheries, if deemed that such handling raises no obstacles to the preservation of order in a racecourse.
Article 5: Pari-mutuel Betting Tickets
The Japan Racing Association can sell the pari-mutuel betting tickets with the face value of 10 yen.
2. The Japan Racing Association can sell pari-mutuel betting tickets that represent 10, or, more units of the pari-mutuel betting tickets described in the preceding Paragraph.
3. The issuance of the pari-mutuel betting tickets described in Paragraph 1, above, can be substituted by the creation of electromagnetic records of them (created by electronic, magnetic, or any other unobservable means and prescribed in the Ministry of Agriculture, Forestry and Fisheries Ordinance as means available for computer data processing; the same shall apply throughout this Paragraph). In this case, the electromagnetic records shall be deemed to be the same as the pari-mutuel betting tickets described in Paragraph 1, and the data of such electromagnetic records are deemed to be the same as the descriptions of the pari-mutuel betting tickets described in Paragraph 1.
Article 6: Pari-mutuel Betting Methods
The pari-mutuel betting shall consist of five methods, comprised of win, place, correct-order forecast and either-order forecast ("basic pari-mutuel betting methods" in this article and in Paragraph 4 of Article 12) as well as the multiple pari-mutuel betting (in which the winning horse is a combination of individual winning horses according to the same basic pari-mutuel betting method used in multiple races held in one day; the same shall apply hereinafter). The method for deciding the winning horse in each of the pari-mutuel betting methods (multiple pari-mutuel betting method or any other pari-mutuel betting method prescribed in the Ministry of Agriculture, Forestry and Fisheries Ordinance shall be subject to the pari-mutuel betting method as individually prescribed in the Ministry of Agriculture, Forestry and Fisheries Ordinance; the same shall apply hereinafter) and the implementation of combinations and limits of pari-mutuel betting methods and other Items shall be prescribed in the Ministry of Agriculture, Forestry and Fisheries Ordinance.
Article 7: In regard to the amount obtained by dividing the net pari-mutuel betting turnover (remaining amounts after money to be refunded under the provisions of Article 12 are deducted from gross pari-mutuel betting turnover; the same shall apply hereinafter) by the number of pari-mutuel betting methods used for the race concerned, after the amount calculated by "No. 1 calculation" has been deducted by the amount calculated by "No. 2 calculation", and has been added by the amount calculated by "No. 3 calculation", with all such calculations prescribed in the Supplementary Provisions, the Japan Racing Association shall proportionately pay the result of such deduction and addition as payoff money to individual holders of winning pari-mutuel betting tickets for win and place pari-mutuel betting methods for the winning horse concerned.
2. In regard to the amount obtained by dividing the net pari-mutuel betting turnover by the number of pari-mutuel betting methods used for the race concerned, after the amount calculated by No. 1 calculation has been deducted by the amount calculated by No. 2 calculation, with all such calculations prescribed in the Supplementary Provisions, the Japan Racing Association shall proportionately pay the result of such deduction as payoff money to individual holders of winning pari-mutuel betting tickets for correct-order, either-order, and multiple pari-mutuel betting methods for the winning horse concerned. (If there are any additional amount provided in Paragraph 1 or in Paragraph 3 of Article 9 in the multiple pari-mutuel betting method, after the amount calculated by No. 1 calculation has been deducted by the amount calculated by No. 2 calculation, with all such calculations prescribed in the Supplementary Provisions, and has been added by the amount obtained by dividing the additional amount by the number of the winning horses, the Japan Racing Association shall proportionately the result of such deduction and addition as payoff money to individual holders of winning pari-mutuel betting tickets for the multiple pari-mutuel betting method for the winning horse concerned.)
3. For calculation of payoff money under the preceding two Paragraphs, if there is a winning horse for which there are no holders of winning pari-mutuel betting tickets, it shall be considered that there is no winning horse involved in the calculation.
4. If the amounts calculated under the preceding three Paragraphs are less than the face values of the pari-mutuel betting tickets, these face values shall be considered the amounts of payoff money.
Article 8: If there are no winning pari-mutuel betting ticket holders (exclusive of Paragraph 1 of Article 9), after both the amount obtained by multiplying the net pari-mutuel betting turnover by a percentage within 15/100 to 20/100 prescribed by the Minister for Agriculture, Forestry and Fisheries and the amount calculated by No 2 calculation as prescribed in the Supplementary Provisions have been deducted from the net pari-mutuel betting turnover, the balance remaining shall be proportionately divided and paid as payoff money to individual pari-mutuel betting ticket holders who have bet on the horses which have raced, other than the winning horse.
Article 9: If there are no winning pari-mutuel betting ticket holders in the multiple pari-mutuel betting methods prescribed as races of low-hitting ratios by the Ministry of Agriculture, Forestry and Fisheries Ordinance ("designated multiple pari-mutuel betting methods" in this article), after both the amount obtained by multiplying the net pari-mutuel betting turnover by the percentage prescribed by the Ministry for Agriculture, Forestry and Fisheries Ordinance and the amount calculated by No 2 calculation prescribed in the Supplementary Provisions have been deducted from the net pari-mutuel betting turnover, the balance remaining shall be the additional amount for the first multiple pari-mutuel betting method which is the same as the designated multiple pari-mutuel betting method and in which there are winning pari-mutuel betting ticket holders.
2.If the amount of payoff money for the designated multiple pari-mutuel betting method prescribed in Paragraph 2 of Article 7 exceeds the maximum amount of the payoff money prescribed by the Ministry for Agriculture, Forestry and Fisheries Ordinance, an amount equivalent to that maximum amount shall be the amount of the payoff money.
3. For the preceding Paragraph, the portion of the total amount of payoff money prescribed in Paragraph 2 of Article 7 exceeding the maximum amount shall be the additional money for the first multiple pari-mutuel betting method which is the same as the designated multiple pari-mutuel betting method, and in which there are winning pari-mutuel betting ticket holders.
4. If the use of the designated multiple pari-mutuel betting method is suspended, the disposal of the additional money prescribed in Paragraph 1 and Paragraph 3 shall be subject to the provisions of the Ministry of Agriculture, forestry and Fisheries Ordinance.
Article 10: when paying payoff money, if there are fractions under one yen (\1) in the amounts calculated under the preceding three articles, these fractions shall be discarded.
2. The amounts arising as a result of discarded fractions in the preceding Paragraph shall become the income of the Japan Racing Association.
Article 11: The claims on payoff money under the provisions of Articles 7, Article 8 and 9, or, on refund money under Paragraph 6 of the following Article, shall become null and void under the statute of limitations if they are not exercised within a period of 60 days.
Article 12: Invalidity of Betting
After the pari-mutuel betting tickets (exclusive of those related to multiple pari-mutuel betting methods; the same shall apply in Paragraph 2 and Paragraph 3, below) have been sold, if there arises in the race concerned a cause which falls under one of the following Items, the betting for the race concerned shall be considered null and void.
| (1) | When no horses which are to start remain, or only 1 horse remains | |
| (2) | When the race does not materialize. |
2. In addition to the previous Paragraph, after the pari-mutuel betting tickets have been sold, when there is any pari-mutuel betting method resulting in no winning horse, the betting for such pari-mutuel betting method shall be considered null and void.
3. If a horse does not start despite its number being indicated on a pari-mutuel betting ticket sold (for correct-order forecast and either-order forecast pari-mutuel betting methods, the horse number which falls under any one of the numbers which constitute the combination indicated on the pari-mutuel betting ticket), the betting on such horse (for correct-order forecast and either-order forecast pari-mutuel betting methods, betting on a combination which includes the number of such horse) shall be null and void. The same shall apply to betting on a combination when only one of the horses whose numbers constitute the combination starts, if identical numbers are bracketed into one combination in correct-order and either-order forecast pari-mutuel betting methods.
4. When a basic pari-mutuel betting method related to the multiple pari-mutuel betting method becomes null and void according to Paragraphs 1, 2, or 3, above, the betting for the multiple pari-mutuel betting method, in which the multiple pari-mutuel betting tickets indicate the same numbers of the horses indicated on the basic pari-mutuel betting tickets (if the basic pari-mutuel betting method is the correct-order forecast or either-order forecast pari-mutuel betting method, the multiple pari-mutuel betting tickets indicating the same combinations as indicated on the basic pari-mutuel betting tickets), shall be null and void.
5. If due to a disaster it becomes impossible to total all or a portion of the amount of pari-mutuel betting tickets sold to persons other than those admitted to the racecourse and add it to the amount of pari-mutuel betting tickets sold to the admitted persons, bets, which are made by such persons (other than those admitted to the racecourse) and cannot be totaled, shall be null and void.
6. In each of the preceding Paragraphs, the holders of the pari-mutuel betting ticket concerned can demand a face-value refund from the Japan Racing Association in exchange of these pari-mutuel betting tickets.
Article 13: Registration of owners
As prescribed in the Ministry of Agriculture, Forestry and Fisheries Ordinance, a person who has not undergone registration conducted by the Japan Racing Association cannot start his horse in National Racing races.
2. The Japan Racing Association, if it deems necessary to insure the enforcement of fair and impartial horse racing, it can erase the registration under the provisions of the preceding Paragraph as prescribed in the Ministry of Agriculture, Forestry and Fisheries Ordinance.
Article 14: Registration of Horses
A horse which has not undergone registration conducted by the Japan Racing Association cannot start in National Racing races.
Article 15: Registration of Racing Colors
A person who intends to start a horse using his own racing colors in National Racing races, his racing colors shall undergo registration conducted by the Japan Racing Association.
Article 16: Training and Riding Racehorses
As prescribed in the Ministry of Agriculture, Forestry and Fisheries Ordinance, a horse cannot be trained, or, ridden for the purpose of starting in National Racing races unless a trainer, or, a jockey has undergone licensing by the Japan Racing Association.
2. The Japan Racing Association, in event it deems necessary to insure the enforcement of fair and impartial, and, moreover, safe horse racing, it can cancel the license under the provisions of the preceding Paragraph as prescribed in the Ministry for Agriculture, Forestry and Fisheries Ordinance.
Article 17: Registration Fees and License Fees
The Japan Racing Association, in regards to registration and licensing under the provisions from Article 13 to the preceding Article, can collect, while giving consideration to actual expense, registration fees and licensing fees as prescribed in the Ministry of Agriculture, Forestry and Fisheries Ordinance.
Article 18: Special Registration Fees
The Japan Racing Association can collect a special registration fee of 3,000,000 yen, or, less from a person intending to start a horse in the prescribed National Racing races by obtaining the approval from the Minister for Agriculture, Forestry and Fisheries.
2. The special registration fees collected under the provisions of the preceding Paragraph shall be appropriated for a part of the prize money of races in the preceding Paragraph.
Chapter 3: Regional Public Racing
Article 19: Number of Racecourses
The number of Regional Public Racing racecourses shall not exceed 5 in Hokkaido and in the forty-seven prefectures, the number shall not exceed 2.
Article 20: Conduct of Meetings
Regional Public Racing shall not be conducted in excess of the scope prescribed in each of the following Items of the Ministry of Agriculture, Forestry and Fisheries Ordinance, or, in violation of the dates prescribed in the Ministry of Agriculture, Forestry and Fisheries Ordinance.
| (1) | The annual number of meetings in each area of the forty-seven prefectures | |
| (2) | The number of days per meeting | |
| (3) | The number of races per day |
2. The Minister for Agriculture, Forestry and Fisheries, from the viewpoint of coordination, can issue necessary instructions to the forty-seven prefectures or the designated municipalities in connection with the number of meetings, the number of days in a meeting, the dates of the conduct of meetings, and other meeting related Items.
Article 21: Implementing Entrustment of Horse Racing
As prescribed in the Cabinet Ordinance, the forty-seven prefectures or the designated municipalities can entrust the business connected with the implementation of horse racing to other prefectures or municipalities, the Japan racing Association, the National Association of Racing, or private persons.
Article 22: Applicable Provisions
The provisions from Articles 4 to 9, Articles 11 to 14 and Articles 16 to 18 shall apply mutatis mutandis to Regional Public Racing. In this case, "the Japan Racing Association" in Article 4, Paragraphs 1 and 2 of Article 5, Paragraph 1 and 2 of Article 7, Paragraph 6 of Article 12 and Paragraph 1 of Article 18 shall be changed to read "the forty-seven prefectures or the designated municipalities" and "the Japan Racing Association" in Article 13, Article 14, Article 16 and Article 17 shall be changed to read "the National Association of Racing".
Article 23: Subsidy Payable to the National Association of Racing
The forty-seven prefectures or the designated municipalities shall pay to the National Association of Racing the amounts described in the following.
| (1) | If the amount of net pari-mutuel betting turnover from one race meeting corresponds to the amount indicated in the upper row of the Separate Table, the amount corresponding to each amount indicated in the lower row of the same Table, in accordance with the amount of the net pari-mutuel betting turnover. | |
| (2) | In accordance with the amount of net pari-mutuel betting turnover from one race meeting, the amount not exceeding 4/1,000 of the amount corresponding to the amount as prescribed in the Ministry of Agriculture, Forestry and Fisheries Ordinance |
2. The subsidy prescribed in the preceding Paragraph shall be paid within 30 days after the ending date of each race meeting as prescribed in the Ministry of Agriculture, Forestry and Fisheries Ordinance.
Article 23-2: Exceptions to the Subsidy
If it is extremely difficult for the forty-seven prefectures or the designated municipalities to pay the subsidy prescribed in Item 1, Paragraph 1, of the preceding Article (hereinafter referred to as "Item 1 Subsidy") within the period prescribed in Paragraph 2 of the same article due to events which fall under both Item 1 and Item 2, below, they can extend the deadline notwithstanding the provisions of Paragraph 2 of the same article.
| (1) | There is an extreme imbalance of revenues and expenditures in the horse racing business or it is expected that the horse racing business will definitely have an extreme imbalance of revenues and expenditures. | |
| (2) | It is expected that the current extreme imbalance of revenues and expenditures in the horse racing business will continue for a period of more than one year, as prescribed in the Ministry of Agriculture, Forestry and Fisheries Ordinance. |
2. In the case of the preceding Paragraph, in advance of extending the deadline for payment of the Item 1 Subsidy concerned, the forty-seven prefectures or the designated municipalities shall consult the Minister for Agriculture, Forestry and Fisheries and obtain the minister's approval with an attached document describing the Items mentioned below, as prescribed in the Ministry of Agriculture, Forestry and Fisheries Ordinance.
| (1) | The period in which the forty-seven prefectures or the designated municipalities take measures to extend the deadline for payment of the Item 1 Subsidy (hereinafter referred to as "special period"). | |
| (2) | The expected amount of the Item 1 Subsidy whose payment deadline is to be extended during the special period. | |
| (3) | The extended deadline for payment of the Item 1 Subsidy prescribed in the preceding Item (hereinafter referred to as "special deadline") | (4) | Other Items as prescribed in the Ministry of Agriculture, Forestry and Fisheries Ordinance |
3. The special period shall not exceed five years and the special deadline shall be determined within a period of 10 years, reckoning from the date following the end-date of the special period.
4. The forty-seven prefectures or the designated municipalities to consult the Minister for Agriculture, Forestry and Fisheries under the provisions of Paragraph 2, above, shall prepare a business plan to improve the balance of revenues and expenditures in the horse racing business, describing its current status, measures for its improvement, and other Items as prescribed in the Ministry of Agriculture, Forestry and Fisheries Ordinance, and submit it to the minister.
Article 23-3: For the consultations under Paragraph 2 of the preceding Article, the Minister for Agriculture, Forestry and Fisheries shall approve the special deadline as prescribed in the same Paragraph only when the horse racing business falls under both of the following Items:
| (1) | The balance of revenues and expenditures in the horse racing business falls under all Items of Paragraph 1 of the preceding Article. | |
| (2) | It is expected that the balance of revenues and expenditures will improve through solid implementation of the business plan to improve it after the end of the special period, due to which the Item 1 Subsidy will be paid regularly. |
2. When approving the special deadline, the Minister for Agriculture, Forestry and Fisheries shall seek to hear opinions of the National Association of Racing in advance.
3. When it offers its opinions in the preceding Paragraph, the National Association of Racing shall seek to obtain the prior approval of the Management Committee, as prescribed in Paragraph 1 of Article 23-17.
4. When the Minister for Agriculture, Forestry and Fisheries has approved a special deadline under the provisions of Paragraph 2 of the preceding Article, the minister shall promptly inform the National Association of Racing.
Article 23-4: When the forty-seven prefectures or the designated municipalities are expected to have extreme difficulty in paying the Item 1 Subsidy concerned by the special deadline as a result of the extension of the original deadline for payment of the Item 1 Subsidy under the provisions of Article 23-2, they can still renew the special deadline for payment of the Item 1 Subsidy. In this case, the renewed deadline shall be determined within a period of 3 years, reckoning from the date following the special deadline.
2. The provisions of the preceding Article, and Paragraph 2 and Paragraph 4 of Article 23 shall apply mutatis mutandis to the extension of the special deadline in the preceding Paragraph.
Article 23-5: The forty-seven prefectures or the designated municipalities which have obtained the approval for the special deadline under the provisions of Paragraph 2 of Article 23-2 (inclusive of the mutatis mutandis application in Paragraph 2 of the preceding Article) shall implement the horse racing business in accordance with the business plan to improve the balance of revenues and expenditures as concerned with the foregoing approval.
Article 23-6: When the deadline for payment of the Item 1 Subsidy has been extended as prescribed in the provisions of Article 23-2, the forty-seven prefectures or the designated municipalities have withdrawn the horse racing business (which means that they will no longer hold horserace meetings based on the resolution of their local assemblies; the same shall apply hereinafter) because they are expected to have extreme difficulty in paying the Item 1 Subsidy (hereinafter referred to as "special subsidy") by the special deadline (when the special deadline has been renewed as prescribed in the provisions of Article 23-4, the renewed deadline) subject to the extension concerned. In this case, they can appropriate all or part of the special subsidy concerned to the expenses required for the withdrawal from the horse racing business.
2. In the case of the preceding Paragraph, before appropriating the special subsidy concerned to the necessary expenses, accompanying the withdrawal from the horse racing business, the forty-seven prefectures or the designated municipalities shall consult the Minister for Agriculture, Forestry and Fisheries and obtain the minister's approval with an attached document describing the Items mentioned, below, as prescribed in the Ministry of Agriculture, Forestry and Fisheries Ordinance.
| (1) | The date of the withdrawal from the horse racing business. | |
| (2) | The period required for the pursuit of the activities accompanying withdrawal from the horse racing business. | |
| (3) | The sum of the necessary expenses accompanying withdrawal from the horse racing business within the period in the preceding Item. | |
| (4) | The amount of the special subsidy to be appropriated for any part of the expenses in the preceding Item. | |
| (5) | Other Items as prescribed in the Ministry of Agriculture, Forestry and Fisheries Ordinance |
3. The consultations under the provisions of the preceding Paragraph shall be conducted within a period of one year after the end of the special period.
4. In the consultations under Paragraph 2, if the Minister for Agriculture, Forestry and Fisheries considers it adequate that the special subsidy for the amount in Item 4 of the same Paragraph be appropriated for the expenses in Item 3 of the same Paragraph, the minister shall approve such appropriation.
5. If the forty-seven prefectures or the designated municipalities which have withdrawn from the horse racing business and have obtained the approval from the Minister for Agriculture, Forestry and Fisheries under Paragraph 2, above, intend to hold horserace meetings again, they shall pay to the National Association of Racing an amount equivalent to the special subsidy appropriated for the expenses accompanying their withdrawal from the horse racing business with the following amount added to it: an amount calculated at an annual rate of 5 percent of it for the corresponding period from the date of the minister's approval under Paragraph 2, above, until the date of its payment.
6. The provisions of Paragraphs 2, 3 and 4 of Article 23-3 shall apply mutatis mutandis to the provisions of Paragraph 2, above.
Article 23-7: Authorization of Horse Racing Revitalization Plan
Under the Ordinance of the Ministry of Agriculture, Forestry and Fisheries, the prefectures or the designated municipalities may jointly make a plan to improve the balance of revenues and expenditures in the horse racing business through the implementation of measures to contribute to the revitalization of regional public racing, such as the promotion of their tie-ups for the implementation of horse racing(hereinafter referred to as the "horse racing revitalization plan"), and moreover, may apply for the authorization of the Minister for Agriculture, Forestry and Fisheries regarding such plan.
2. The horse racing revitalization plan shall prescribe the following matters:
| (1) | The purpose of the horse racing revitalization plan. | |
| (2) | The period of the horse racing revitalization plan. | |
| (3) | An index to show the degree of improvement in the balance of revenues and expenditures in the horse racing business by each of the prefectures or the designated municipalities involved in the horse racing revitalization plan. | |
| (4) | Matters related to measures needed to make horse races more attractive, such as the arrangements of the composition of horse races or the entry conditions among the prefectures or designated municipalities involved in the horse racing revitalization plan to be made by such prefectures or designated municipalities, in accordance with the arrangements or recommendations by the National Association of Racing. | |
| (5) | Matters related to the projects to contribute to the revitalization of regional public racing, including the installation of facilities or equipment necessary for the prefectures or designated municipalities involved in the horse racing revitalization plan to separately or jointly hold horse racing meetings. | |
| (6) | Matters related to the conference organized by the prefectures or designated municipalities involved in the horse racing revitalization plan to have necessary discussions on how to encourage the implementation of the plan and other matters needed to implement the plan. | |
| (7) | Other Items as prescribed in the Ministry of Agriculture, Forestry and Fisheries Ordinance |
3. If the Minister for Agriculture, Forestry and Fisheries Ordinance approves that the horse racing revitalization plan submitted to the minister for the authorization under the provisions of Paragraph 1, above, meets the criteria below, the minister shall authorize the plan.
| (1) | The period of the horse racing revitalization plan is five years or less. | |
| (2) | It is expected that the implementation of the horse racing revitalization plan will help improve the balance of revenues and expenditures in the horse racing business of the prefectures or the designated municipalities involved in the plan. | |
| (3) | When the horse racing revitalization plan includes matters related to projects respectively carried out by the prefectures or designated municipalities involved in the plan, such projects shall contribute to the promotion of mutual tie-ups for holding horse racing meetings or to the revitalization of regional public racing in any other way. |
4. When authorizing the horse racing revitalization plan as provided in Paragraph 1 hereof, the Minister for Agriculture, Forestry and Fisheries shall seek to hear the prior opinion of the National Association of Racing.
5. When it offers its opinions in the preceding Paragraph, the National Association of Racing shall seek to obtain the prior approval of the Management Committee, as provided in Paragraph 1 of Article 23-17.
6. When the Minister for Agriculture, Forestry and Fisheries has authorized the horse racing tie-up plan under Paragraph 1, above, the minister shall promptly notify the National Association of Racing.
Article 23- 8: Changes to Horse Racing Revitalization Plan, etc.
If the prefectures or designated municipalities involved in the horse racing revitalization plan, authorized as provided in Paragraph 1 of the preceding Article (referred to as "authorized prefectures etc." in the next Paragraph and in Item 8 of Paragraph 1 of Article 23-36), make changes to such plan, they shall jointly obtain the authorization of the Minister for Agriculture, Forestry and Fisheries for such changes beforehand.
2. If the Minister for Agriculture, Forestry and Fisheries does not deem the authorized prefectures etc. to have appropriately conducted the horse racing business according to the horse racing revitalization plan authorized by the Minister ( when changes have been made to the plan under the foregoing Paragraph, according to the revised plan; hereinafter referred to as the "authorized horse racing revitalization plan"), the Minister may cancel such authorization.
3. The provisions of Paragraphs 3 to 6 of the preceding Article shall apply mutatis mutandis to the authorization of the changes under Paragraph 1 hereof. The provisions of Paragraph 6 of the preceding Article shall apply mutatis mutandis to the cancellation of the authorization under the preceding Paragraph.
Article 23-9: Expenditure of Proceeds
The forty-seven prefectures shall endeavor to allot their proceeds from horse racing, for resources of expenditures necessary to conduct livestock promotion, increase social welfare, diffusion of medical care, development of education and culture, and sports promotion, and for rehabilitation measures in time of disaster.
Article 23-10: The National Association of Racing
The purpose of the National Association of Racing shall be to promote fair, impartial and smooth implementation of Regional Public Racing and to contribute to promoting the proliferation and improvement of horses and other livestock activities.
Article 23-11: Corporate Status
The National Association of Racing (hereinafter referred to as "Association") shall be a corporation.
Article 23-12: Offices
The Association shall locate its principal office in the Metropolis of Tokyo.
2. The Association can locate a branch office at a necessary location upon receiving the approval from the Minister for Agriculture, Forestry and Fisheries.
Article 23-13: Registration
The Association shall be registered as prescribed in the Cabinet Ordinance.
2. The Items that shall be registered under the provisions of the preceding Paragraph cannot be used to affect a third party until after the registration.
Article 23-14: Limitation on Use of Name
Any person who is not the Association cannot use the name of the National Association of Racing.
Article 23-15: Application of Civil Law
The provisions of Article 44 (capacity of corporation to commit an illegal act) and Article 50 (address of corporation) of the Civil Law (1896, Law No 89), shall apply mutatis mutandis to the Association.
Article 23-16: Articles of Incorporation
The Association shall establish its Articles of Incorporation to provide the following matters:
| (1) | Purposes | |
| (2) | Name | |
| (3) | Location of the Office | |
| (4) | Matters related to assets | |
| (5) | Matters related to the selection and dismissal of members of the Management Committee and other matters related to the Committee | |
| (6) | Matters related to the Board of Trustees | |
| (7) | Matters related to the Officers | |
| (8) | Matters related to activities and their execution | |
| (9) | Matters related to finance and accounting | |
| (10) | Method of public notice |
2. If any change to the Articles of Incorporation is not authorized by the Minister for Agriculture, Forestry and Fisheries, such change shall not become effective.
Article 23-17: The establishment and organization of the Management Committee
The Association shall establish the Management Committee.
2. The Management Committee shall consist of nine or less members.
3. The following individuals shall serve as the Committee members:
| (1) | The heads of the prefectures and designated municipalities involved in the horse racing business（referred to as “ prefectures etc. involved in the horse racing business” in Paragraph 1 of Article 23-19）: Seven or less | |
| (2) | Academic experts: Two or less |
Article 23-18: Power and Authority of the Management Committee
In addition to matters as otherwise provided herein, the following matters shall be subject to the decision of the Management Committee:
| (1) | Changes to the Articles of Incorporation | |
| (2) | Preparation of and changes to the business prescriptions | |
| (3) | Budgetary matters and financial statements | |
| (4) | Preparation of and changes to the business plan | |
| (5) | Decisions on or changes to the policies related to the implementation of activities mentioned in Item 5 of Paragraph 1 of Article 23-36 | |
| (6) | Other matters as provided in the Articles of Incorporation |
Article 23-19: Members of the Management Committee
Under the Articles of Incorporation, the Committee Members shall be selected by a meeting consisting of heads of the prefectures etc. involved in the horse racing business (referred to as "Meeting" in Article 23-22).
2. The term of the Committee Members shall be three years, provided, however, that any substitute member nominated to fill a vacated position on the Committee shall serve for the remainder of the predecessor.
3. The Committee Members may be reappointed.
4. When the Committee Members, as stated in Item 1 of Paragraph 3 of Article 23-17, lose their positions of the heads of their prefectures or designated municipalities or when their prefectures or designated municipalities withdraw from the horse racing business, such Members shall lose their positions in the Management Committee.
Article 23-20: The Chairman of the Management Committee
The Management Committee shall elect one of their Members as the Chairman.
2. The Chairman shall supervise all the committee-related matters and serve as the representative of the Management Committee.
3. If the Chairman gets involved in any accident or is absent from any meeting of the Committee, the Committee Member appointed in advance by the Chairman shall serve as the substitute for the Chairman.
Article 23-21: Disqualification Conditions of the Committee Members
A person to whom any of the following items applies shall not become a Committee Member, as stated in Item 1 of Paragraph 3 of Article 23-17:
| (1) | A person who has become bankrupt and who has not been rehabilitated; | |
| (2) | A person who was sentenced to imprisonment without hard labor or a heavier punishment and for whom a period of 3 years has not elapsed, since either the person completed the execution of the sentence, or, when the person was no longer placed under the execution of the sentence; | |
| (3) | A person who was sentenced to a fine in violation of this Law or the Japan Racing Association Law (1954 Law No. 205) and for whom a period of 3 years has not elapsed since either the person completed the execution of the sentence, or, when the person was no longer placed under the execution of the sentence; | |
| (4) | A person who has undergone registration as an owner of Regional Public Racing; or, | |
| (5) | A person who buys and sells goods or provides facilities or services to the Association or undertakes construction for the Association and who has a close business relationship with the Association. In case of a legal entity, such person shall mean its officer (inclusive of, regardless of whatever title, a person who possesses a position of power or any control equal to or more than that of such officer). |
2. A person to whom any of the following items applies shall not become a Committee Member as stated in Item 2 of Paragraph 3 of Article 23-17:
| (1) | A person as stated in each item of the preceding Paragraph; or, | |
| (2) | An official of the Government or a local public organization (excluding individuals who are part-time officers). |
Article 23-22: Dismissal of Committee Members
If a Committee Member is deemed to be disqualified as a Committee Member under the preceding Article, the Meeting shall dismiss such Committee Member under the Articles of Incorporation.
2. When a Committee Member has come to fall under any of the following items, or, in any other cases when a Committee Member is deemed to be disqualified, the Meeting may dismiss such Committee Member under the Articles of Incorporation
| (1) | In cases when it is deemed that the person cannot continue to serve as a Committee Member due to a mental or physical disorder. | |
| (2) | In cases where the person breaches the obligations of a Committee Member. |
Article 23-23: Status of Committee Members as Public Employees
In regards to the application of the Criminal Law (1907 Law No. 45) and other penal regulations, the Committee Members shall be deemed as officials engaged in public service by laws and regulations.
Article 23-24: Officers
The Association shall establish as officers, one president, one vice-president, directors not exceeding 5 and auditors not exceeding 2.
Article 23-25: Duties and Powers of the Officers
The president shall represent the Association and coordinate its activities.
2. The vice-president shall assist the president in the administration of the activities of the Association, act on his behalf should the president meet with an accident, and conduct the duties of the president should the position of president be vacant.
3. As prescribed by the president, the directors shall assist the president and vice-president in the administration of the activities of the Association, act on their behalf should the president and vice-president meet with an accident and conduct the duties of the president and vice-president should these positions be vacant.
4. The auditors shall audit the activities of the Association.
5. The auditors can submit an opinion to the Management Committee, the president, or, the Minister for Agriculture, Forestry and Fisheries in event they deem it necessary based on the results of the auditing.
Article 23-26: Appointment and Term of Office of the Officers
The Management Committee shall appoint the President and the Auditors after obtaining the approval of the Minister for Agriculture, Forestry and Fisheries.
2. The president shall appoint the vice-president and the directors upon receiving the approval from the Minister for Agriculture, Forestry and Fisheries.
3. When appointing the Vice President and other Directors under the preceding Paragraph, the President shall seek the consent of the Management Committee on any such appointment.
4. The term of office of the president and vice-president shall be 3 years and the term of office for the directors and auditors shall be 2 years. Provided, however, the term of office of a substitute officer shall be the remaining term of office of the predecessor.
5. The provisions of Paragraph 3 of Article 23-19 shall apply mutatis mutandis to the Officers.
Article 23-27: Disqualification Conditions of the Officers
A person falling under any of the following Items shall not become an officer:
| (1) | A person as stated in each Item of Paragraph 1 of Article 23-21 | |
| (2) | An official of the Government or a local public organization (excluding individuals who are part-time officers) |
Article 23-28: Dismissal of Officers
The Management Committee, or, the president shall dismiss an officer concerned with each respective appointment, in event the officer becomes a person who falls under the provisions of the preceding Paragraph in which he can no longer be an officer.
2. When an Officer appointed by the Management Committee or the President has come to fall under any of the following Items or is deemed to be disqualified as an Officer for other reasons, the Management Committee or the President may dismiss such Officer, after obtaining the approval of the Minister for Agriculture, Forestry and Fisheries.
| (1) | In event it is deemed that the officer is unable to endure the performance of his duties due to physical, or, mental disability | |
| (2) | In event there has been a violation of obligation from an ex officio viewpoint |
3. When dismissing an Officer under the preceding Paragraph, the President shall obtain the consent from the Management Committee.
4. When an Officer appointed by the Management Committee or the President has come to fall under any Item of Paragraph 2 hereof, the Minister for Agriculture, Forestry and Fisheries may order such appointer of either the Management Committee or the President to dismiss such Officer within a designated period.
5. When the Management Committee disobeys the order, as stated in the preceding Paragraph, the Minister for Agriculture, Forestry and Fisheries may dismiss the President or the Auditors involved in such order.
Article 23-29: Prohibition of Officers Holding Concurrent Posts
The officers cannot become officers of an organization whose purpose is profit-making, or, himself engage in a profit-making enterprise.
Article 23-30: Limitation of Representation Rights
The president shall not possess the powers of representation in regards to matters in which interests of the Association and the president run counter to each other. In this case, the auditors shall represent the Association.
Article 23-31: Appointment of Authorized Agent
From among the vice-president, directors, or, the officials of the Association, the president can appoint an authorized agent possessing the powers to perform any court actions, or, any out-of-court settlement in connection with the business of a branch office of the Association.
Article 23-32: Appointment of Officials
The officials of the Association shall be appointed by the president.
Article 23-33: Status of Officers and Officials as Public Employees
The provisions of Article 23-23 shall apply mutatis mutandis to the Officers and Officials of the Association.
Article 23-34: Board of Trustees
A board of trustees shall be established in the Association.
2. The Board of Trustees shall investigate and deliberate important matters involved in the management of the activities of the Association, in response to the President's request for advice.
3. The President shall seek to hear the prior opinions of the Board of Trustees regarding the following matters:
| (1) | Changes to the Articles of Incorporation | |
| (2) | Preparation of and changes to the business prescriptions | |
| (3) | Budgetary matters and financial statements | |
| (4) | Preparation of and changes to the business plan |
4. The board of trustees can express their opinions to the president in regards to the administration of the business of the Association.
Article 23-35: Trustees
The board of trustees shall consist of trustees not exceeding twelve.
2. The President shall appoint the trustees from among individuals with relevant knowledge and experience, after obtaining the approval of the Minister for Agriculture, Forestry and Fisheries on such appointments.
3. The term of office of the trustees shall be 3 years. Provided, however, the term of office of a substitute trustee shall be the remaining term of office of the predecessor.
4. The provisions of Paragraph 3 of Article 23-19 and Paragraph 2 of Article 23-28 shall apply mutatis mutandis to the trustees.
Article 23-36: Scope of Business
The Association shall conduct the following mentioned business in order to achieve the purpose mentioned in Article 23-10.
| (1) | Register owners and horses | |
| (2) | License trainers and jockeys | |
| (3) | Develop, or, train trainers and jockeys | |
| (4) | Develop, or, train stewards and other personnel who will conduct the activities connected with implementation of Regional Public Racing, or, dispatch these personnel or offer their services upon request from the forty-seven prefectures, the designated municipalities, or the entrusted persons limited to municipalities | |
| (5) | Make necessary arrangements among or issue necessary instructions to the prefectures or designated municipalities concerned for the number of meetings, the number of days in a meeting, the schedules of meetings, the composition of horse races and other meeting-related matters. | |
| (6) | Carry out the installation or development of the facilities or equipment for the horse racing business shared by the prefectures or designated municipalities concerned (referred to as “Installation etc.” in Item 4 of Paragraph 2 of Article 23-38). | |
| (7) | Carry out studies and researches on Regional Public Racing. | |
| (8) | Support the expenses of projects to be conducted by the authorized prefectures, etc. based on the authorized horse racing revitalization plan. | |
| (9) | Support the expenses of activities which contribute toward promoting the proliferation and improvement of horses and other livestock | |
| (10) | Receive subsidies under the provisions of Paragraph 1 of Article 23 | |
| (11) | Conduct the business incidental to the business mentioned in each of the preceding Items | |
| (12) | Conduct necessary business in order to achieve the purpose mentioned in Article 23-10, in addition to the business mentioned in each of the preceding Items |
2. The Association may carry out the activities mentioned in the preceding Paragraph as well as the clerical work involved in holding horse racing meetings under the entrustment, as prescribed in Article 21.
3. When carrying out the activities, as stated in Item 12 of Paragraph 1 hereof, or those as stated in the preceding Paragraph, the Association shall obtain the approval of the Minister for Agriculture, Forestry and Fisheries.
Article 23 - 37: Appropriate implementation of subsidization
The Association shall fairly and efficiently implement the subsidization, as stated in Item 9 of Paragraph 1 of the preceding Article (referred to as "Subsidization" in the next Paragraph).
2. A business operator subsidized by the Association shall carry out its activities in good faith in accordance with the authorized business prescriptions, as stated in Paragraph 1 of the next Article, and also in accordance with the purposes for the Subsidization.
Article 23 - 38: Business Prescriptions
At the commencement of business, the Association shall prepare the business prescriptions and receive the approval from the Minister for Agriculture, Forestry and Fisheries. The same shall apply in event it intends to alter the business prescriptions.
2. The business prescriptions in the preceding Paragraph shall describe the following Items.
| (1) | Items concerned with the registration of owners and horses | |
| (2) | Items concerned with the licensing of trainers and jockeys | |
| (3) | Matters related to the activities mentioned in Item 5 of Paragraph 1 of Article 23-36 | |
| (4) | The scope of the facilities or equipment subject to the Installation etc. and involved in the activities mentioned in Item 6 of Paragraph 1 of Article 23-36 and the method of such Installation etc | |
| (5) | The selection standards of projects subject to subsidization for the activities mentioned in Items 8 and 9 of Paragraph 1 of Article 23-36, and the subsidization method, including the procedures for the application and determination of such subsidization. | |
| (6) | Matters related to the activities, as stated in Paragraph 2 of Article 23-36, in case of the implementation of such activities. | |
| (7) | Other matters, as provided in the Ordinance of Ministry of Agriculture, Forestry and Fisheries |
Article 23 - 39: Business Year
The business year of the Association shall commence each year on April 1 and end on March 31 of the following year.
Article 23 - 40: Approval of the Budget, etc.
The Association shall prepare the budget and the program of business for each business year and the Association shall receive the approval from the Minister for Agriculture, Forestry and Fisheries before the commencement of the business year concerned. The same shall apply in event the Association intends to alter the budget and the program of business.
Article 23 - 41: Financial Statements, etc.
The Association shall prepare each business year, an inventory, a balance sheet and a statement of profit and loss (in this Article, hereinafter collectively referred to as "financial statements"), submit the financial statements to the Minister for Agriculture, Forestry and Fisheries within 3 months after the end of the business year concerned, and receive the minister's approval.
2. The Association, in event of submitting the financial statements to the Minister for Agriculture, Forestry and Fisheries under the provisions of the preceding Paragraph 1, these financial statements shall accompany the business report of the business year concerned, the statement of accounts prepared complying with budget classifications and the written opinion of the auditor concerning the financial statements and the statement of accounts.
3. When the financial statements have been approved by the Minister for Agriculture, Forestry and Fisheries under the provisions of Paragraph 1, the Association shall gazette the financial statements or their summary, keep at each of its offices the financial statements and the supporting schedule, and the business report and the statement of account mentioned in the preceding Paragraph, as well as the document describing the auditor's opinion, and shall make all of them available for public inspection.
Article 23 - 42: Use of Subsidy
The Association, in regards to the accounting mentioned in each Item below, shall separate it from other accounting and account it by establishing the account as prescribed according to each Item, below.
| (1) | Business mentioned in Item 9 of Paragraph 1 of Article 23-36 and other business necessary for contributing to livestock promotion | |
| (2) | Business mentioned in Item 10 of Paragraph 1 of Article 23-36 (limited to the business related to the Item-1 subsidy) | |
| (3) | Business incidental to the business mentioned in the preceding 2 Items |
Article 23 - 43: Classified Accounting
The Association shall not allot, or, use the money corresponding to the amounts received as the Item-1 subsidy (inclusive of the amounts corresponding to the income derived from their investments, or, their use) as necessary expenditures for business other than the business mentioned below.
| (1) | Livestock promotion account for the accounting concerned with the business mentioned in each Item of the preceding Article. | |
| (2) | The accounting of the activities mentioned in Items 6 and 8 of Paragraph 1 of Article 23-36 and their incidental activities: The horse-racing revitalization account. |
Article 23 - 44: Entrustment to the Ministry of Agriculture, Forestry and Fisheries Ordinance
In matters other than those provided in this Law, the Ministry of Agriculture, Forestry and Fisheries Ordinance shall prescribe necessary Items connected with finance and accounting of this Association.
Article 23 - 45: Supervision
The Minister for Agriculture, Forestry and Fisheries shall supervise the Association.
2. The Minister for Agriculture, Forestry and Fisheries can issue necessary orders to the Association connected with its business from the viewpoint of supervision in event it deems it necessary for the purpose of enforcing this Law.
Article 23 - 46: Dissolution
The dissolution of the Association shall be prescribed in a separate Law.
Chapter 4 -Miscellaneous Provisions
Article 24: Maintenance of Law and Order, etc.
The maintenance of law and order in racecourses and other matters necessary to insure fair and impartial horse racing shall be prescribed in the Cabinet Ordinance.
Article 24-2: Suspension of Horse Racing
When the municipalities (other than designated municipalities), the private persons (hereinafter referred to as "Entrusted Persons") or the Association (hereinafter referred to as "Entrusted Persons etc."), which have been entrusted with the clerical work involved in holding horse racing meetings under Articles 3-2 or 21, have conducted the clerical work involved in holding horse racing meetings as part of the performance of clerical work under such entrustment, in violation of this Law or an order issued under the same, the Minister for Agriculture, Forestry and Fisheries may order such Entrusted Persons etc. to suspend the performance of such clerical work.
2. The Minister for Agriculture, Forestry and Fisheries can order municipalities (other than designated municipalities) or private persons (hereinafter referred to as "entrusted persons") that have been entrusted with the activities connected with the implementation of horse racing under the provisions of Article 3-2 or Article 21 to suspend the performance of the activities for the implementation of horse racing in connection with the entrustment in case the entrusted persons have conducted the entrusted activities connected with the implementation of horse racing in violation of this Law, or, an order issued based on this Law.
3. In case a designated municipality conducts Regional Public Racing in violation of this Law, or, an order issued based on this Law, the governor of the prefecture concerned can order the designated municipality to suspend Regional Public Racing after obtaining the approval from the Minister for Agriculture, Forestry and Fisheries.
Article 25: Supervision of Horse Racing, etc.
The Minister for Agriculture, Forestry and Fisheries can instruct the forty-seven prefectures, the designated municipalities, the entrusted persons, or the Association, and the governors of the forty-seven prefectures can instruct the designated municipalities, within necessary limits for the enforcement of this Law, to report on the opening and the closing of Regional Public Racing, accounting and any other matters deemed necessary, or instruct their officials to enter these offices, or, racecourses, or, any other facility to inspect the state of activities, or, books and documents, or, any other necessary property.
2. The governors of the forty-seven prefectures shall report to the Minister for Agriculture, Forestry, and Fisheries the report obtained under the provisions of the preceding Paragraph, or, the results of the inspection.
3. If necessary during the horse racing meeting, as for National Racing and Regional Public Racing, the Minister for Agriculture, Forestry and Fisheries may order its officials to enter the racecourse or the offices or other facilities involved in the horse racing meeting to instruct the Japan Racing Association, the prefectures, the designated municipalities or the Entrusted Persons etc. to take measures necessary to maintain peace and order inside the racecourse as well as other measures necessary to ensure fair and impartial horse racing, and, as for horse racing meetings held by the designated municipalities, the governors of the forty-seven prefectures may order their officials to conduct such activities.
4. In case of entry by officials under the provisions of Paragraph l, or, the preceding Paragraph, the officials shall carry a certificate which indicates their identity and this shall be presented to the persons concerned.
5. The authority to inspect by entry under the provisions of Paragraph l shall not be interpreted as a criminal investigation.
Article 26: Audit by Board of Audit
The board of audit can audit, in event it deems necessary, the accounts concerned with Regional Public Racing, the forty-seven prefectures, or the designated municipalities.
2. The board of audit shall notify the related persons in event it audits under the preceding Paragraph.
Article 27: Prohibition of Evasion of the Law
Regardless of whatever the name is, no person shall conduct any act in evasion of the provisions of Paragraph 5 of Article l.
Article 28: Restrictions on Purchase of Pari-mutuel Tickets
No minor can purchase, or, obtain pari-mutuel betting tickets.
Article 29: No person falling under one of the following Items can purchase, or, obtain pari-mutuel betting tickets.
| (1) | Government officials related to horse racing for all races of horse racing. | |
| (2) | Officers and officials of the Japan Racing Association for races of National Racing (including races of the horse racing for which the Japan Racing Association performs activities connected with its implementation under the entrustment as prescribed in the provisions of Article 21.) | |
| (3) | Officials of the forty-seven prefectures, or municipalities related to Regional Public Racing, or, the officials of a part of the business association, or, a federation encompassing a wide area in Paragraph 1 of Article 284 of the Local Autonomy Law (1947, Law No. 67) for all Regional Public Racing races | |
| (4) | Officials of the forty-seven prefectures, or municipalities which perform activities connected with implementation of horse racing under the entrustment as prescribed in Article 3-2, or, the officials of a part of the business association, or, a federation encompassing a wide area in Paragraph 1 of Article 284 of the Local Autonomy Law (1947, Law No. 67) who are involved in the entrusted activities concerned for National Racing races. | |
| (5) | Officers and officials of the Association for all Regional Public Racing races | |
| (6) | Trainers (inclusive of persons who conduct the feed and care of racehorses. Hereinafter the same shall apply) and jockeys related to National Racing as well as persons who assist in the feed and care, or, training of racehorses related to National Racing for all national racing races. | |
| (7) | Trainers and jockeys related to Regional Public Racing as well as persons who assist in the feed and care, or, training of racehorses related to Regional Public Racing for all Regional Public Racing races. | |
| (8) | Persons engaged in horse racing business, excluding the persons mentioned in each of the preceding Items, for races of the horse racing concerned |
Article 29-2: Exceptions to the Acts Resembling Pari-mutuel Betting
The officials of the Japan Racing Association, in regard to National Racing races, and the officials of the forty-seven prefectures or the designated municipalities, in regard to Regional Public Racing races, can conduct acts resembling pari-mutuel betting after obtaining the approval from the Minister for Agriculture, Forestry and Fisheries as prescribed in the Ministry of Agriculture, Forestry and Fisheries Ordinance.
Chapter 5 - Penal Provisions
Article 30: An imprisonment at forced labor of 5 years, or, less, or, a fine of 5,000,000 yen, or, less, shall be imposed on any person falling under one of the following Items.
| (1) | A person who has violated the provisions of Paragraph 6 of Article 1 | |
| (2) | A person who has violated the provisions of Article 27 | |
| (3) | A person who has attempted to profit by compelling a person to perform an act resembling pari-mutuel betting connected with races in National Racing, or, Regional Public Racing |
Article 31: An imprisonment at forced labor of 3 years, or less or a fine of 3,000,000 yen, or, less, shall be imposed on a person falling under one of the following Items.
| (1) | A person who accepts an consignment as a business to purchase pari-mutuel betting tickets, or, who accepts on consignment to purchase pari-mutuel betting tickets for a group of unidentified persons for the purpose of gaining financial profit | |
| (2) | A person who administers a drug, or, medicine which temporarily stimulates, or, depresses the racing performance of a horse declared to start | |
| (3) | A jockey who prevents a horse from displaying its full capabilities in a race to gain financial profits for himself or for others |
Article 32: According to the circumstances, a combination of an imprisonment at forced labor and a fine can be imposed on any person who commits a crime under the preceding 2 articles.
Article 32-2: An imprisonment at forced labor of 3 years, or, less, shall be imposed on a trainer, jockey, or, a person who assists with the feed and care, or, training of racehorses in event he receives, demands, or, promises a bribe in connection with a race. An imprisonment at forced labor of 5 years, or, less, shall be imposed in event a dishonest act has been committed as a result of these acts, or, in event no appropriate rectifying measures have been taken against these acts.
Article 32-3: In case of the preceding Article, the bribe received shall be confiscated. In event it is not possible to confiscate all, or, a part of the bribe, its value shall be additionally collected.
Article 32-4: An imprisonment at forced labor of 3 years, or, less, or, a fine of 3,000,000 yen, or, less, shall be imposed on a person who provides, or proposes, or, promises the bribe provided in Article 32-2.
2. A person who has committed the crime under the preceding Paragraph surrenders himself, his punishment can be reduced, or, exonerated.
Article 32-5: An imprisonment at forced labor of 3 years, or, less, or, a fine of 2,000,000 yen, or, less shall be imposed on a person who commits an act damaging to fair and impartial horse racing by using a deceptive scheme, or, force.
Article 32-6: In horse racing, an imprisonment at forced labor of 2 years, or, less, or, a fine of 1,000,000 yen, or. less, shall be imposed on a person who has conspired to conduct a race in a manner damaging to fair and impartial horse racing.
Article 32-7: In case there has been an act in violation of the provisions of Paragraph 1 of Article 23-42, an imprisonment at forced labor of one year, or, less, or, a fine of 1,000,000 yen, or, less, shall be imposed on the officer, or, official of the Association who has committed the violation.
Article 32-8: In case a report is not made under the provisions of Paragraph 1 of Article 25, or, a false report is made, or, the inspection under the provisions of the same Paragraph is refused, obstructed, or, evaded, a fine of 300,000 yen, or, less, shall be imposed on the entrusted person (limited to a private person), or the officer or the official of the Association who has committed the violation.
Article 32-9: A correctional fine of 200,000 yen, or, less, shall be imposed in case the act of violation by an officer, or, an official of the Association, which falls under any one of the following Items.
| (1) | In event in case where a permission, or, approval shall be obtained from the Minister for Agriculture, Forestry and Fisheries under the provisions of this Law, this permission, or, approval was not obtained. | |
| (2) | In event a person neglects to register in violation of the provisions of the Cabinet Ordinance under the provisions of Paragraph 1 of Article 23-13. | |
| (3) | In event a person conducts business other than the business mentioned in Paragraph 1 and Paragraph 2 of Article 23-36. | |
| (4) | In event there is a violation of the provisions of Article 23-43. | |
| (5) | In event there has been a violation of an order by the Minister for Agriculture, Forestry and Fisheries under the provisions Paragraph 2 of Article 23-45. |
Article 32-10: A correctional fine of 100,000 yen, or, less, shall be imposed on a person who has violated the provisions of Article 23-14.
Article 33: A fine of 1,000,000 yen, or, less, shall be imposed on a person who falls under one of the following Items.
| (1) | A person who has violated the provisions of Article 29 | |
| (2) | A person who has committed an act resembling pari-mutuel betting in case of Item 3 of Article 30 (excluding those who have obtained the permission under the provisions of Paragraph 1 of Article 29-2) |
Article 34: In case there has been an act by a person in violation of the provisions of Article 28, or, Article 29, in spite of being aware that the person has been prohibited from selling, or, obtaining pari-mutuel betting tickets under these provisions, any person who becomes the other party to that offense, shall be imposed a fine of 500,000 yen, or, less.
Supplement
Formula No. 1
(W +D/P) X (1 - R)= T
W: the total face value amounts of the pari-mutuel betting tickets bet on the winning horses concerned
D: the total face value amounts of the pari-mutuel betting tickets bet on the horses that have run but were other than the winning horses
P: the total number of winning horses (P is "1" in case there are no holders of pari-mutuel betting tickets bet on the winning horses.)
R: the rate prescribed by the Minister for Agriculture, Forestry and Fisheries under the provisions of Article 8 (inclusive of in case applied mutatis mutandis in Article 22)
Formula No. 2
(T - W) × r
T: the same as T in Formula No. 1
W: the same as W in Formula No. 1
R: indicates l0/100
Formula No.3
A/P × a
A: the total face value amount of the pari-mutuel betting tickets bet on the horses that have run
P: the same as P in Formula No.1
a: the rate prescribed by the Minister for Agriculture, Forestry and Fisheries under the provisions of Article 8 for the National Racing or for the Regional Public Racing, which is less than 5/100
Cause (July 13, 1948, Law No 158)
In order to conduct fair and impartial horse racing, it is necessary that horse racing be managed by the Government and the forty-seven prefectures. This is the cause for submitting this draft of this proposed Law.
Cause (June 6, 1949, Law No 197)
It is necessary that a town, or, village, which has received severe damage from a disaster and has been so designated by the prime minister, can conduct horse racing in order to insure a source of income. This is the cause for submitting this draft of this proposed Law.
Cause (June 6, 1949, Law No 198)
In consideration of the results of the enforcement, it is necessary that a part of the Horse Racing Law be amended to add the multiple pari-mutuel betting method, abolish free admittance, eliminate from owners the persons who have been sentenced to an imprisonment of one year, or, more, at forced labor and include more severe penal regulations and other Items. This is the cause for submitting this draft of this proposed Law.
Cause (December 17, 1949, Law No 275)
Among the municipalities which have received severe damage from a disaster and which have received the designation to conduct horse racing, especially, the large cities of Yokohama City, Nagoya City, Osaka City and Kobe City, it is necessary that the number of meetings be increased as the same as for the forty-seven prefectures This is the cause for submitting this draft of this proposed law.
Cause (May 31, 1950, Law No. 216)
A designated city in which a racecourse exists within its area, as greater expenditures are necessary for including maintenance and management of the racecourse in comparison with other designated cities, it is necessary to plan an increase of its income by increasing the number of meetings more than the other designated municipalities. This is the cause for submitting this draft of this proposed Law.
Cause (December 12, 1950. Law No. 259)
In order to including decrease of the deduction rate for promoting horse racing, it is necessary to amend a part of the Horse Racing Law. This is the cause for submitting this draft of this proposed Law.
Cause (December 21, 1950. Law No 294)
It is necessary to plan an increase of the amount of pari-mutuel betting ticket sales in Government Racing by establishing a Government racecourse within an area whose center is Nagoya City. This is the cause for submitting this draft of this proposed law.
Cause (April 9, 1951. Law No 141)
The number of meetings of a racecourse in which circumstances make it impossible to conduct meetings at the present time, it is necessary to plan an increase of Government Racing income by conducting meetings at another racecourse This is the cause for submitting this draft of this proposed Law.
Cause (May 22, 1951, Law No, 156)
It is necessary that the municipalities which are not the municipalities that have received serious damage from a disaster can conduct horse racing in event there exists a Regional Public Racing racecourse within their areas This is the cause for submitting this draft of this proposed Law.
Cause (June 14, 1955, Law No 21)
In order to plan the wholesome development of horse racing, it is necessary to prescribe penal regulations against persons who act as agents for pari-mutuel betting tickets This is the cause for submitting this draft of this proposed Law.
Cause (April 20, 1962. Law No 83)
In consideration of recent circumstances in the enforcement of horse racing and, at the same time, in compliance with the report by the Public Gaming Board of Inquiry, it is necessary to implement measures necessary for readjustment of the system of enforcing Regional Public Racing, improvement in the method of enforcement of horse racing, and tighter regulations of horse racing, and, in addition, for promotion of the enforcement of fair and impartial horse racing by establishing the National Association of Racing and for appropriation of the horse racing income for enterprises which promote the animal industry and social welfare activities, thereby contributing to the development of these enterprises. This is the cause for submitting this draft of this proposed Law.
Cause (March 31, 1965. Law No. 22)
In consideration of the financial circumstances of the municipalities as provided for in the provisions of Article 7 of the Supplementary Provisions of the Law (1962 Law No 83) which amends a part of the Horse Racing Law, it is necessary to extend the period in which the municipalities concerned can enforce horse racing for a further 3 years This is the cause for submitting this draft of this proposed Law.
Cause (May 17, 1968, Law No 52)
In consideration of the special circumstances of the special wards, together with prescribing a special exception in connection with the enforcement of Regional Public Racing and, at the same time, in order to alleviate the sudden influence accompanying the abolition of the enforcement of Regional Public Racing to the municipalities from the standpoint of finance as provided for in Article 7 of the Supplementary Provisions of the Law (1960, Law No.83) which amends a part of the Horse Racing Law, it is necessary that the municipalities concerned be subsidized by a part of the profits from horse racing conducted by the forty-seven prefectures This is the cause for submitting this draft of this proposed Law.
Cause (May 10, 1991, Law No.70)
In view of the recent changes in various state of affairs surrounding horse racing, in order to plan the wholesome development of horse racing and to promote animal industry and, together with planning the strengthening of the system of insuring fair and impartial horse racing, it is necessary that the Japan Racing Association establish a special promotion fund so that it can conduct business including for the purpose of planning the wholesome development of horse racing business and to promote animal industry. This is the cause for submitting this draft of this proposed Law.
Cause (June 9, 2004, Law No.86)
In view of difficult conditions of the balance of revenues and expenditures in the horse racing business for horse racing promoters due to decreases in net pari-mutuel betting sales in recent years, it is necessary to take measures for deregulation of business entrustment and other Items in relation to implementation of horse racing and for support of the Regional Public Racing promoters. This is the cause for submitting this draft of this proposed Law.
Cause (June 6, 2007, Law No.76)
In order to contribute to the smooth implementation of the "Consolidation and Rationalization Plan of Public Corporations etc." under the Basic Law on the Reform of Public Corporations etc., the National Association of Racing should become a corporation where regional public racing operators can take initiatives for its management, and, the Japan Racing Association should take measures such as the establishment of a new decision-making body consisting of people with wide experience and knowledge. And, the efforts to this end have resulted in the submission of this draft legislation.
Establishment of the Deduction Rate Accompanied by Revision of the Horse Racing Law in Part
(December 20, 1950, Notification of the Ministry of Agriculture and Forestry No. 385)
Based on the provisions of Article 9 (inclusive of in case applied mutatis mutandis in Article 22) of the Horse Racing Law (1948, Law 158), the rate established by the Minister for Agriculture and Forestry shall be determined as follows and become effective as of December 22, 1950.
The rate under the provisions of Article 9 (inclusive of in case applied mutatis mutandis in Article 22) shall be 18/100.
