Normative Instruction No. 8, of March 28, 2008
MINISTER'S OFFICE
Normative Instruction No. 8, of March 28, 2008
The Minister of State for Agriculture, Livestock and Supply, in the exercise of the powers conferred upon him by Article 87, sole paragraph, item II, of the Constitution, and in view of the provisions of Article 1 of Law No. 7.291, of December 19, 1984, regulated by Decree No. 96.993, of October 17, 1988, which provides for equine breeding activities in the country, and considering the decision of the Attorney General's Office, and what is contained in Process No. 70100.0024408/2007-58, resolves:
Article 1. Repeal Normative Instruction No. 21, of October 27, 2005.
Article 2. This Normative Instruction enters into force on the date of its publication.
REINHOLD STEPHANES
ANNEXED
General Betting Plan Regulations
CHAPTER I
REGULATORY DEFINITIONS
Article 1. For the purposes of the Regulations of Law No. 7.291, of December 19, 1984, which provides for equine breeding activities in the country, the following definitions apply:
I – General Betting Plan: an instrument that establishes the various types of bets, regulating them separately and conveniently, so that the bettor is perfectly aware of the entity's procedure regarding the calculation, distribution of winnings, percentage of withdrawals, and the particularities that govern the system adopted by it.
II – Betting: includes all forms of gambling for money, carried out on horse races, sponsored by legally authorized entities, also encompassing contests, lottery games, auctions or betting auctions.
III – Hippodrome: location where horse races are held, organized and sponsored by legally authorized turf entities, and may be classified as a closed-circuit or straight-track hippodrome.
IV – Turf entity: a non-profit, private law civil society authorized to operate betting on horse races, by means of an operating license called a patent letter.
V – Accredited Agent: a natural or legal person, authorized in writing by the turf entity, to receive bets and pay prizes.
VI – Total Betting Volume: total bets advertised to the public in each race, across all categories, by the racing organization, for the purpose of calculating prize distribution, according to the allocation of funds raised.
CHAPTER II
GENERAL PROVISIONS
Article 2. Bets on horse racing competitions may only be placed on the premises or premises of racetracks, at the headquarters or sub-headquarters of horse racing entities, in agencies and through accredited agents, duly authorized by the competent body of the Ministry of Agriculture, Livestock and Supply (MAPA).
Sole paragraph. Applications for operating licenses for accredited agencies and agents shall be accompanied by the following documents:
I – a request submitted to the designated authority by the legal representative of the entity;
II – an express declaration from the President of the Jockey Club, assuming full responsibility for the sale of bets and payment of prizes on behalf of the racing entity;
III – certified copy of the service concession contract for an accredited agent, signed by the turf entity;
IV – Site plan of the premises, at a minimum scale of 1:500, of the accredited agent;
V – Description of the facilities, with a list of the equipment available, according to the Data Processing Center/Totalizer;
VI – table of commissions for the accredited agent, paid by the legally authorized turf entity;
VII – copy of the agreement signed with the similar entity for approval (when applicable);
VIII – copy of the registration with the CNPJ (Brazilian National Registry of Legal Entities) or CPF (Brazilian Individual Taxpayer Registry) of the agent accredited by the turf entity;
IX – copy of the Articles of Association of the accredited agent (when applicable);
X – Power of attorney by private instrument, with notarization of the principal's signature (when applicable).
Article 3. The operation of betting on horse racing competitions, by entities legally authorized in accordance with regulations, may be carried out on horse races held at the racetrack itself, as well as on horse races held at racetracks of other similar entities with a valid license.
§ 1. Races held at other racetracks, known as simulcasting races, may be promoted or sponsored by the entity that operates the betting service, or by a similar entity, with the granting of the right to display sounds, images and data from each race, transmitted in real time to the venues or premises authorized to place bets.
§ 2. For the purposes of real-time race reproduction, of races held at other racetracks of similar entities, it is understood to mean the live transmission of previously designated races, for the purpose of placing bets, with the taxation attributed at the racetrack of origin or in the network of accredited agents.
§ 3 In the case of operating bets on national simulcasting races (races held at other racetracks of similar authorized entities and broadcast live), the turf entity must submit the following documents along with the General Betting Plan:
I – copy of the contract for the assignment of rights to use sounds, images and data relating to races held at the racetracks of the similar entity;
II – a copy of the contract established with the provider of the live streaming system for horse racing competitions, including all additional information;
III – Proof of ownership of a CDP/Totalizer for managing data related to rides or a copy of the outsourcing contract signed with the system operator.
IV – List of accredited agents with the number and date of issue of the operating license, authorized to receive the video signal.
§ 4. The following are considered additional information, which must be disclosed in live broadcasts of scheduled horse races:
I – Type and distance of the race and designation of the event;
II – Names and performance of the horses in the race;
III – Name and performance of the Jockeys;
IV – Type, conditions and characteristics of the runway.
Article 4. The operation of the betting service will be administered and directed by the Racing Commission of each turf entity, as determined by the National Racing Code.
Article 5. Bettors on horse racing competitions will be subject to the provisions of this instrument and the relevant legislation, and it is their obligation to check the purchased betting slip, regarding the meeting, race, value and information, after its purchase, and no subsequent claims will be accepted.
Article 6. The General Betting Plan prepared by the turf entities in accordance with this regulation, to be approved by the competent body, must contain the following information, as per Article 23 of Decree No. 96.993 of October 17, 1988:
I – the types of bets, regulated separately;
II – the unit value of each ticket, according to the respective type of bet;
III – the percentage to be deducted by the turf entity from the total amount wagered, in each type of bet;
IV – the calculation for the distribution of payouts to bettors in each of the betting modalities;
V – the minimum and maximum bonus limits for bets;
VI – In case of annulment, refunds and ticket replacements due to errors in issuance, non-completion of one or more races, withdrawal of animals, or any other unforeseen circumstances;
VII – the locations and times for receiving each type of bet;
VIII – the method of advertising bets;
IX – the statute of limitations for betting slips;
X – the destination of any amounts not received due to the expiration of the ticket price.
Sole paragraph. Applications for approval of the General Betting Plan shall be accompanied by the following documents:
I – a request submitted to the designated authority by the legal representative of the turf entity;
II – general betting plan drawn up in accordance with Article 23 of Decree No. 96.993 of October 17, 1988, and in compliance with these Regulations;
III – Certified copy of the license agreement for the rights to broadcast sounds, images and data from horse racing competitions, including a list of the racetracks where the horse races originate;
IV – certified copy of the outsourcing contract for the provision of services for the development and operation of the Data Processing Center/Totalizer, the provider of the real-time race transmission system, doping control through chemical analysis of biological material, as well as veterinary and outpatient medical assistance to the races (when applicable);
V – Sample printed materials for horse racing meetings (set of races to be shown in each program) for bettors' information;
VI – proof of technical viability (issued by MAPA) and economic viability (issued by an auditing firm) of the turf entity;
VII – commitment agreement for the submission to MAPA, as determined in article 73 of Decree No. 96.993, of October 17, 1988, of the monthly MGA assessment report;
VIII – confirmation of the payment of the contribution due (tax charge) to MAPA within the established deadlines;
IX – financial statements that separate horse racing activities from recreational and social activities, as defined by Law No. 6.404 of 1976, according to the standards and criteria established by the Federal Accounting Council, after being audited by independent auditors.
CHAPTER III
OF THE BETTING MODALITIES
Art. 7 For the purposes of this regulation, bets on horse races, operated by turf entities, will be classified into (3) three categories, namely:
I – tickets/passes;
II – accumulated/competitions; and
III – auctions/betting sessions.
§ 1 In the types of bets classified as "pules," bettors indicate the order of arrival of the horses in races previously designated by the Racing Commission.
§ 2 In the types of bets classified as accumulators, bettors accumulate indications of the order of arrival of the horses in more than one race of the race schedule.
§ 3 In the types of bets classified as auctions, the betting slips for certain races are sold in advance, through auctions, to the bettors who offer the highest bid, on a specific horse or group of horses registered to participate in the races.
Article 8. Bets known as slips/tickets may consist of the following types:
I – Winner: a type of bet in which the animal is considered the winner of the race;
II – Place: a type of bet that considers the animals that came in first or second place in the race;
III – Show: a type of bet that considers the animals that finished in the top three positions;
IV – Double: a type of bet that considers the animals that obtained first and second place in the race, regardless of the order of arrival;
V – Exacta: a type of bet that considers the animals that obtained first and second place in the race, in that order;
VI – Trifecta: a type of bet in which the animals that obtained first, second, and third place in a given race are considered;
VII – Quadrifecta: a type of bet that considers the animals that obtained first, second, third, and fourth place in a given race.
Article 9. Accumulator/contest bets may consist of the following types:
I – Simple Accumulator: these are bets on the Winner, Place, Double or Exacta modalities, in two or more distinct races, and may adopt their own denominations;
II – Combined Accumulator: these are bets on two or more animals, in the Winner or Place modalities, or on two or more Doubles or Exacts, from different races, and may adopt their own denominations;
III – Mixed Accumulator: These are bets on two or more different modalities, in distinct races designated by the Racing Commission, and may adopt their own denominations.
Art. 10. The categorized bets for auctions/betting sessions consist of the advance sale of Winner, Exacta, and Double bets for specific races, with the number of rounds being independent of each other and freely determined by the auctioneer.
Article 11. The disciplinary rules governing the announcement of the horses' classification results in the race, for the purpose of distributing prizes to the winners, will be established by each turf entity, by betting modality, in the General Betting Plan to be approved, given the possibilities of variations and characteristics presented.
Art. 12. The turf entity may choose not to adopt any of the modalities provided for in this Regulation in its betting system or propose new betting modalities, on an experimental basis, for a period not exceeding 180 (one hundred and eighty) days for approval.
Article 13. Changes to the General Betting Plan will only be permitted if the Turf Entity has fully deposited the amounts due to the Ministry of Agriculture, Livestock and Supply (MAPA).
CHAPTER IV
OF THE UNIT VALUE OF EACH TICKET
Article 14. The unit value of each ticket, according to the respective type of bet, will be set by the Racing Commission of the turf entity, which is obliged to send the Commission's Resolution approving the arbitrated value to the competent body of MAPA for homologation.
CHAPTER V
PERCENTAGE WITHDRAWN BY THE TURF ENTITY
Article 15. The percentage to be withdrawn by the turf entities from the total wagered on the different types of pool and accumulator bets, or in each round in the case of a draw, may vary; however, the limit established in § 2 of Article 23 of Decree No. 96.993, of October 17, 1988, must be strictly observed.
CHAPTER VI
CALCULATION FOR DISTRIBUTION OF APPORTIONMENTS
Article 16. The specifics governing the system adopted by each entity, regarding the calculation for the distribution of the prize pool to bettors, for each of the betting modalities of the different categories, will be established in the General Betting Plan of each Jockey Club, considering that the service of operating bets on horse races does not establish the obligation of a single betting slip.
CHAPTER VII
Regarding the minimum and maximum limits of bonuses.
Article 17. The minimum and maximum bonus limits for bets in the accumulator category depend on the number of races included and the types of bets considered, with the obligation to detail them in the General Betting Plan of each turf entity, given that a specific betting slip is not mandatory.
only.
CHAPTER VIII
IN THE CASE OF INVALIDATION OF RACES OR WITHDRAWAL OF ANIMALS
Article 18. In case of annulment, refunds of wagered amounts and replacement of tickets, due to errors in their issuance, non-completion of one or more races, withdrawal of animals or any other unforeseen events, the rules will be established by the turf entity in the General Betting Plan, in order to safeguard the rights of the consumer of the horse racing betting service, carried out by legally authorized turf entities.
CHAPTER IX
LOCATIONS AND TIMES FOR RECEIVING BETS
Article 19. The locations authorized to receive bets are those defined in Article 18 of Decree No. 96.993, of October 17, 1988, while their operating hours will be established by the racing commission according to the turf program.
CHAPTER X
Regarding the method of advertising bets
Article 20. The announcement of the prize distribution, for the purpose of paying prizes to bettors of winning tickets, in any type of bet, will be made after the confirmation and announcement of the race result by the Racing Commission, respecting the total allocation of the funds collected.
§ 1 The subsequent alteration of the result of a race may not, under any circumstances, be invoked for the acceptance of betting slips, which will always be valid based on the results confirmed immediately after the race.
§ 2 The apportionments will always be announced based on R$ 1,00 (one real), never less than this reference, and in values that represent only the 1st decimal place, disregarding the others.
§ 3 The announcement of the results of the apportionment may be by electronic means, video or stone.
§ 4 After the race has taken place and its result confirmed, the prize distribution for each type of bet will be announced, and the discounts determined by law will be observed.
CHAPTER XI
Regarding the statute of limitations for tickets
Article 21. Winning tickets will be valid for eight days, starting from the date of the race program.
CHAPTER XII
Regarding the allocation of uncollected funds.
Article 22. Unclaimed prize money within the ticket's expiration period will revert to the turf organization for use in turf-related expenses.
Article 23. Winning tickets will only be paid to their holders, and no claim of loss, theft, misplacement, or any other complaint will be considered. Tickets that are torn or defaced, or whose authenticity cannot be proven, will not be paid.
CHAPTER XIII
Regarding the collection and its allocation.
Article 24. The collection and allocation of resources must comply with the provisions of articles in chapters VI and VII of Decree No. 96.993, of October 17, 1988, and related laws, with the promoting entity being obliged to pay a monthly contribution to the Ministry of Agriculture, Livestock and Supply (MAPA), calculated on the total value of the general movement of bets, according to a percentage table based on the average movement of bets, per meeting, of the previous month.
Article 25. The funds allocated to the Ministry of Agriculture, Livestock and Supply (MAPA) will be collected monthly, through the issuance of a Federal Collection Form – GLU, into a specific account provided by the Ministry of Agriculture, Livestock and Supply (MAPA), by the 10th day of the following month.
CHAPTER XIV
Regarding the oversight of tourism entities
Article 26. Turf organizations are obligated to provide the officials responsible for inspection with all the necessary clarifications, as well as to show them, when requested for examination or expert analysis, the documents, books, receipts, balance sheets, financial statements, and any other elements deemed necessary for the exercise of the inspection activity.
Article 27. Turf organizations are required to submit a monthly report to the competent body of the Ministry of Agriculture, Livestock and Supply (MAPA) with the following information:
I – number of races completed;
II – total bets and contests for each meeting;
III – the total amount of prizes paid out at each meeting;
IV – the percentage of the Total Betting Volume that is distributed as prizes;
V – the percentage of withdrawals made, in each type of bet, by the company promoting the race;
VI – the total contribution to be collected by the Ministry of Agriculture, Livestock and Supply (MAPA); and
VII – Additional clarifications when requested.
Article 28. The promoting entities are obliged to make available to the Ministry of Agriculture, Livestock and Supply (MAPA) online information on the total movement of bets, without prejudice to the obligations of Article 27 of this Normative Instruction.
CHAPTER XV
PENALTIES
Article 29. In the event of a violation of any of the provisions of this Regulation, the provisions of Articles 91 to 97 of Decree 96.993, of October 17, 1988, shall apply.
