Horse Racing Law
法令番号: 法律第158号
公布年月日: 昭和23年7月13日
法令の形式: 法律
I hereby promulgate the Horse Racing Law.
Signed:HIROHITO, Seal of the Emperor
This thirteenth day of the seventh month of the twenty-third year of Showa (July 13, 1948)
Prime Minister ASHIDA Hitoshi
Law No.158
Horse Racing Law
Chapter 1. General Provisions
Article 1. The horse racing may be held by the Government, by the prefecture, or by the city which has sustained serious damage from disasters and has been designated by the Prime Minister (hereinafter referred to as the designated city), under the provisions of this Law.
2. The horse racing held by the Government shall be called the national horse racing and the horse racing held by the prefecture or by the designated city the local horse racing.
3. Any person other than the Government, prefecture or designated city may not hold the horse racing issuing the betting ticket or anything similar thereto.
Chapter 2. National Horse Racing
(Race Track)
Article 2. The race tracks of the national horse racing shall be eleven in number, that is:Sapporo, Hakodate, Fukushima, Niigata, Nakayama, Tokyo, Yokohama, Kyoto, Hanshin, Kokura and Miyazaki Race Tracks.
(Race Meeting)
Article 3. The race meeting of the national horse racing shall not be held more than twice a year at each race track; provided that, in case it can not be held twice a year at a race track owing to such an unavoidable reason as a natural calamity, it may be held thrice a year at its neighboring race track.
2. The Government may, for the time being, hold the national race meeting four times a year at the Kyoto and Kokura Race Tracks until it becomes possible to hold the race meeting at the Hanshin and Miyazaki Race Tracks, notwithstanding the provisions of Par.1.
3. The days of the race meeting in each term as mentioned in the preceding two paragraph shall not exceed eight days.
(Admission Fee)
Article 4. The Government shall raise the admission fee of between 30 yen and 100 yen in which the admission tax and the surtax of the admission tax in accordance with the provisions of the Local Tax Law (Law No.110 of 1948) are included from any visitor when the race meeting is held;provided that the Minister of Agriculture and Forestry may permit visitors to enter the race track free of charge within the limit of two thousand persons in each term.
2. The admission tax and the surtax of the admission tax raised in accordance with the provisions of the preceding paragraph shall be delivered by the Government to the local public body concerned.
3. During the period until the date on which the Local Tax Law becomes effective, in Par.1, "the Local Tax Law (Law No.110 of 1948)" shall read "the Admission Tax Law (Law No.44 of 1940)" , "the admission tax and the surtax of the admission tax" shall read "the admission tax" , and the provisions of Par.2 shall not apply thereto.
(Betting Ticket)
Article 5. The Government may sell the betting ticket of which the face value is ten yen or twenty yen at its face value.
2. The Government may sell the betting ticket which represents ten or one hundred chances of the betting ticket as mentioned in the preceding paragraph.
(Betting Method)
Article 6. The betting method shall consist of the winning, placing and forecasting systems.
Article 7. In the winning system, the horse of the first arrival shall be the winner.
2. In the placing system, the horse of the first arrival in case the number of starters is no more than four when the betting ticket begins to be sold, the horses of the first and second arrival in case the number of starters is between five and seven, the horses of the first, second and third arrival in case the number of starters is more than eight, shall be the winner.
3. In the forecasting system the set combining the horses of the first and second arrival in the order of arrival shall be the winner.
4. In the forecasting system, in case the number of starters is more than seven, the ballot number may be placed on starters in accordance with the example as shown in Appendix No.1.
5. In case the ballot number is placed in accordance with the provisions of the preceding paragraph, the said ballot number shall be deemed the number of the horse in the forecasting system.
(Dividend)
Article 8. The Government shall deliver to the holder of the betting ticket on the winner or placed horses as the dividend the amount of each betting ticket on the winner or placed horses concerned, plus such balance, which is to be divided into each betting ticket, as remained after deducting the amount calculated by applying Formula No.2 as provided for in Appendix No.2, from the amount calculated by applying Formula No.1 as provided for in Appendix No.2, to the net proceeds of the betting ticket (such balance as remains after deducting the amount to be repayed in accordance with the provisions of Art.12 from the total proceeds of the betting ticket. The same shall apply hereinafter.) as divided into parts in accordance with each method of betting.
2. In case the amount calculated in accordance with the provisions of the preceding paragraph is less than the face value of the betting ticket, the amount of the dividend shall be represented by the said face value.
Article 9. With regard to the net proceeds in the case of there being no holder of the betting tickets on the winner or any placed horse, the amount which remains after deducting therefrom the amount represented by 25 per cent of the net proceeds and the amount calculated by Formula No.2 as provided for in Appendix No.2, shall be repaid as dividends proportionated to each betting ticket to the holder of the betting tickets on the horses other than the winner or placed horses which have run the race concerned.
Article 10. In delivering the devidends, if the amount calculated in accordance with the provisions of the preceding two Articles has any small pittance less than one yen, the small pittance shall be omitted.
2. The amount arisen from omitting the small pittance as mentioned in the preceding paragraph shall be received by the Government.
Article 11. The claim for the dividends as mentioned in the provisions of Arts.8 and 9 shall be extinguished by prescription in case it is not exercised for full one year.
(Invalidity of Betting)
Article 12. If, after the betting ticket has been sold, the case which comes under any of the following Items has occured in respect to the race concerned, the betting on the said race shall be null and void:
1) The case that the number of starters has been reduced to one;
2) The case that the race is not materialized;
3) The case that there is no winning horse in the race.
2. In any case as mentioned in the preceding paragraph, any person who has the said betting ticket may demand to the Government redemption of the ticket at face value in exchange for the said betting ticket.
3. The claim as mentioned in the preceding paragraph shall be exercised within one year after the said betting ticket is been sold.
4. In case such a horse as indicated in the ticket which has been sold (fellow one except either of horses indicated in the case where the horses of the same ballot number are combined to a set in the forecasting system), has not started, the same as the preceding three paragraph shall apply to the betting on the said horse, (or the combination to which the said horse belongs in the case of the forecasting system).
(Registration of Horse Owner)
Article 13. No person may enter his horse in any race of the national race meeting unless he has been registered by the Government.
2. No person who comes under any of the following Items shall be registered:
1) Any quasi-incompetent person, interdict, or any bankrupt who has not yet been rehabilitated;
2) Any person who has ever been condemned to a heavier penalty than a fine in contravention of the Horse Racing Law (Law No.47 of 1923, hereinafter referred to as the former Horse Racing Law), the Local Horse Racing Law (Law No.57 of 1946) or this Law.
(Registration of Horse)
Article 14. No person shall enter his horse in any race of the national race meeting unless it has been registered by the Government.
(Registration of Color)
Article 15. Any person who wishes to enter a horse wearing his own color in a race of the national race meeting shall register the color with the Government.
(Training and Riding of Race Horse)
Article 16. No person other than the trainer or jockey who has obtained the licence of the Government as provided for by Ministerial Ordinance shall train or ride any horse for any race of the national race meeting.
(Registration Fee and Licence Fee)
Article 17. With regard to the registration and licence as mentioned in the preceding four Articles, the Government may raise the registration fee of less than five thousand yen and licence fee of less than five hundred yen.
(Special Registration Fee)
Article 18. The Government may raise the special registration fee of less than ten thousand yen from owners who wish to enter their horses in the races of the national race meeting which is provided for by Ministerial Ordinance.
2. The special registration fee raised in accordance with the provisions of the preceding paragraph shall be appropriated to a part of the prize for such races as mentioned in the preceding paragraph.
Chapter 3. Local Horse Racing
(Number of Race Tracks)
Article 19. The number of the race tracks at which the local race meeting is to be held shall be no more than six in Hokkaido and no more than two in each prefecture.
(Race Meeting)
Article 20. The race meeting held by the prefecture shall not be held more than four times a year at each race track;provided that in case it can not be held four times a year at a race track under such an unavoidable circumstance as a natural calamity or others, the prefectural governor may, on obtaining the permission of the Minister of Agriculture and Forestry, hold it five times a year at a neighboring race track.
2. The race meeting held by a designated city shall not be held more than twice a year at each designated city.
3. The days of the race meeting in each term as mentioned in the preceding two paragraphs shall not exceed six days.
(Admission Fee)
Article 21. The prefecture or designated city shall raise the admission fee of between 5 yen and 50 yen from any visitor when the race meeting is held;provided that the prefectural governor or the mayor of the designated city may permit visitors to enter the race track free of charge within the limit of six hundred persons in each term.
(Provisions Applying Mutatis Mutandis)
Article 22. The provisions of Arts.5 to 17 inclusive shall apply mutatis mutandis to the local horse racing;provided that in Arts.5, 8, 10 and 12, "Government" shall read "prefecture or designated city" ;in Art.9, "25 per cent" shall read "29 per cent" ;in Arts.13 to 16 inclusive, "Government" and "national horse racing" shall read "prefecture or an association of prefecture" and "local horse racing" respectively;in Art.16, "trainer or jockey" shall read "jockey" and in Art.17, "Government" shall read "prefecture or an association of prefecture."
(Suspension of Local Horse Racing)
Article 23. The Minister of Agriculture and Forestry may issue an order to the prefecture concerned of suspension of local horse racing, in case the prefecture has held the local race meeting in contravention of this Law or any other order issued in pursuance of this Law.
2. The prefectural governor may issue any order to the designated city concerned of suspension of the local horse racing upon obtaining the recognition of the Minister of Agriculture and Forestry, in case the designated city has held the local race meeting in contravention of this Law or any order issued in pursuance of this Law.
Chapter 4. Miscellaneous Provisions
(Maintenance of Order)
Article 24. The Minister of Agriculture and Forestry may direct any necessary order for the purpose of maintaining the order at the national race track or securing fairness of the race of the meeting.
2. Matters necessary for maintaining order at the local race track or securing fairness of race shall be provided for by Cabinet Order.
(Supervision of Local Horse Racing)
Article 25. The Minister of Agriculture and Forestry and the prefectural governor may respectively make the prefecture and the designated city deliver any report concerning the opening, close, and account of the local race meeting and other matters which are deemed necessary, or inspect the document or book concerned.
2. The prefectural governor shall submit to the Minister of Agriculture and Forestry the report concerning the report received in accordance with the provisions of the preceding paragraph or the result of inspection thereof.
(Audit by Board of Audit)
Article 26. The Board of Audit may, in case the Board deems it necessary to do so, audit the account and finance of the prefecture or the designated city with regard to the local horse racing.
2. In case the audit as mentioned in the preceding paragraph is to be make, the Board of Audit shall notify the persons concerned thereof.
(Prohibition of Evasion of Law)
Article 27. No matter what name he may assume, no person shall be allowed to do any act which evades the provisions of Art.1, Par.3.
(Restriction on Purchase of Betting Ticket)
Article 28. Any student or minor shall be prohibited from buying the betting ticket.
Article 29. The same as in the preceding Article shall also apply to any case which comes under any of the following Items:
1) Any government official or employee who has any connection with the horse racing, with regard to any race of any race meeting;
2) Any official or employee of the prefecture or of the designated city who has any connection with the local horse racing, with regard to any race of the local race meeting held by the prefecture or by the designated city concerned;
3) Any trainer, jockey or groom who has any connection with the national horse racing, with regard to any race of the national race meeting;
4) Any jockey or groom who has any connection with the local horse racing, with regard to any race of the local race meeting held by the prefecture or the designed city concerned;
5) Any person, other than those mentioned in any of the preceding Items, who is engaged in any horse racing business, with regard to any race of the race meeting concerned.
Chapter 5. Penal Provisions
Article 30. Any person who comes under any of the following Items shall be liable to penal servitude not exceeding five years or a fine not exceeding one hundred thousand yen:
1) Any person who has contravened the provisions of Art.1, Par.3;
2) Any person who has contravened the provisions of Art.27.
Article 31. Any person who comes under any of the following Items shall be liable to penal servitude not exceeding three years or a fine not exceeding fifty thousand yen:
1) Any person, in case he has attempted to gain any profit by letting someone act any deed similar to the betting in respect to the race of the national race meeting or local meeting;
2) Any person who enters in any racing event a horse whose ability is in any way affected by the administration of a drug or other preparation which has the effect of a sedative or a stimulant.
Article 32. Any person may, in case he has violated the provisions of the preceding two Articles, be liable to both penal servitude and a fine in consideration of the circumstances.
Article 33. Any person who comes under any of the following Items shall be liable to a fine not exceeding twenty thousand yen:
1) Any person who has contravened the provisions of Art.29;
2) Any person who has issued anything similar to the betting in case of Art.31, Par.1.
Article 34. Any person who has contravened the provisions of Art.28 shall be liable to a fine not exceeding one thousand yen.
Supplementary Provisions:
Article 35. This Law shall come into force as from the day designated by Cabinet Order within sixty days from the day of the promulgation of this Law.
Article 36. The Horse Racing Law, the Law concerning the Extraordinary Exception of the Horse Racing Law (Law No.38 of 1939), the Local Horse Racing Law, and the Betting Ticket Tax Law (Law No.60 of 1942) shall be repealed hereby.
2. With regard to the betting ticket tax which either was imposed or should have been imposed, on the person who has held the horse racing before the abrogation of the Betting Ticket Tax Law, the previous examples shall be followed.
3. With regard to the application of the penal provisions to any deed which has been done prior to the abrogation of the Laws as mentioned in Par.1, the previous examples shall be followed.
Artticle 37. The Government may assume the assets and liabilities of the Japan Racing Association and the Central Horse Affairs Association, a corporate juridical person (one which has obtained the permission of the establishment on Feb.9, 1946. The same shall apply hereinafter).
2. The prefectural government may assume the assets and liabilities of the Federation of the Horse Owners'Associations (including the Horse Owners'Association which has the prefectural area under its jurisdiction. The same shall apply hereinafter).
3. In case the prefectural government has assumed the assets of the Federation of Horse Owners'Associations in accordance withe the provisions of the preceding paragraph, a federation of agricultural cooperative associations and an agricultural cooperative association shall, in accordance with the provisions of a Cabinet Order, have the priority in purchasing the assets concerned (except for the assets necessary for the conduct of racing).
4. In case either the Government or the prefectural government has assumed the assets and liabilities of the Japan Racing Association, and the Central Horse Affairs Association or the Federation of Horse Owners'Associations, the Minister of Agriculture and Forestry or the prefectural governor concerned shall register the dissolution of these organizations.
Article 38. In order that the Governmentt can operate the horse racing which has hitherto been operated by the Japan Racing Association under the former Horse Racing Law, the personnel of the Ministry of Agriculture and Forestry may be increased in accordance with a Cabinet Order.
2. In order to take charge of the business relating to the national horse racing and to the supervision of the local horse racing, the Horse Racing Division shall be established temporarily in the Livestock Bureau, the Ministry of Agriculture and Forestry.
3. In order to take charge of a part of the business relating to the national horse racing, the Horse Racing Offices shall be established temporarily in Sapporo-shi, Tokyo-to and Kyoto-shi.
4. The names of the Horse Racing Offices, the race tracks which are under the jurisdiction of each Office, and classification of the business to be handled shall be decided by Cabinet Order.
5. The establishment of the section, sub-section or branch of the Horse Racing Division and the Horse Racing Offices, and the limit of their official duties shall be decided by the Minister of Agriculture and Forestry.
Article 39. 
Article 7, Item 14 of the Transaction Tax Law (Law No.108 of 1948) shall be amended as follows:
14) Any transaction on which either the exchange special tax or the transaction tax is imposed in pursuance of the Exchange Tax Law (Law No.23 of 1914).
Article 40. Procedures of revision or abrogation shall be taken with regard to this Law by the day (when full one year has elapsed from the day of its enforcement.
Appendix No.1 
Appendix No.2 
Formula No.1
(W+D/P)(1-R)=T
W:Amount represented by the total face value of the betting tickets on the winner or placed horses concerned.
D:Amount represented by the total face value of the betting tickets on the horses other than the winner or the placed horses which have run in the race concerned.
R:25/100 in case of the national horses racing;29/100 in case of the local horse racing.
P:Number of the winner or placed horses, with the exception of the following cases in the placing system of the betting method:
(T-W) r
T:The same as "T" in Formula No.1.
W:The same as "W" in Formula No.1.
r:20/100 in case of the national horses racing.10/100 in case of the local horse racing.
Minister of Finance KITAMURA Tokutaro
Minister of Agriculture and Forestry NAGAE Kazuo
Prime Minister ASHIDA Hitoshi