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AGRICULTURE IN THE 21ST CENTURY:
Working with Ag Clients to Diversify Their Operations
Horse Businesses in Maryland
Presented by: Kathleen J.P. Tabor, Esquire
Types of Commercial Equine Facilities
MSBA Annual Meeting June 12, 2015
Maryland Equine Initiatives
MSBA Annual Meeting June 12, 2015
Worcester County, MD
MSBA Annual Meeting June 12, 2015
LICENSING PERIOD & CIVIL PENALTY SYSTEM
If you are a stable who solicits the general public, and have ONE or more horses - and either
give lessons, board horses, or have a rental service or are a rescue or sanctuary stable, you are
required by the State of Maryland to obtain and maintain licensing through the Maryland Horse
Industry Board. Licensing is conditioned on periodic inspections by the Maryland Horse
Industry Board and failure to comply may result in civil fines and penalties.
Pursuant to State Law and regulations promulgated in 2013, license renewal
applications and fees are due on or before July 1 of each year. The stable license is valid
for one year and must be renewed annually. The one-year licensing period runs from July 1
through June 30 of the following year.
(Authority: Agriculture Article, §§2-707, and 2-711, and 2-712, Annotated Code of Maryland)
http://mda.maryland.gov/horseboard/Pages/regulations.aspx
MHIB Inspections COMAR 15.16.01
License: 15.16.01.04
General Requirements: 15.16.01.07B • Shelter • Pest control/manure containment • Fences • Stalls / bedding • Tool storage • Hazard-free areas • Adequate food, water • Basic health care
MSBA Annual Meeting June 12, 2015
Special Requirements (Lessons/Rental): 15.16.01.07C • Well-rested horses • Healthy, fit horses • Appropriately tacked, sheltered • Tack in sound condition • Grooming equipment • Wagons & Carriages: axles well-greased; brakes operational
Consequences for Non-Compliance
Failure to license, renew a license, or fail an inspection, MHIB may
impose a penalty:
For 1st violation, not less than $500 or more than
$1,000!
For 2nd violation, not less than $1,000 or more than
$1,500!
For 3rd and subsequent violations, not less than
$1,500 or more than $2,000!!
Authority: Agriculture Article, §§2-701, 2-710, and 2-718, Annotated Code of Maryland
MSBA Annual Meeting June 12, 2015
Expanding into a “Discovery Center”
MSBA Annual Meeting June 12, 2015
Maryland Horse Industry Board FY 2015 Pilot Program
Voluntary Certification Program for Equine Experience Center
In an effort to provide the general public with a safe, friendly, and educational experience, particularly for those individuals who have never or rarely experienced horses personally, MHIB has developed a network of licensed equine facilities that can offer tours, demonstrations, educational programs, and riding experiences to individuals and groups. Certification is voluntary. No fees are assessed for applying for certification. Each facility maintains its own fee structure for activities conducted on site. Certification is ongoing until revoked by MHIB for failure to comply with regulations. Facilities participating in the certification program agree to be monitored by MHIB based on the established criteria for facility, program development, staffing, and animals.
Certification: Horse Discovery Center
PHYSICAL INSPECTION Premises, Facility, Horses & Tack
Overall condition of premises
Driveway/Roadway/Parking Lot
Signage / Fire Extinguishers / Lighting
Restroom Facilities
Barns/Run-In Sheds/Other Buildings
Fencing / Pastures / Trails
Arenas: indoor; outdoor / Classroom
Condition of Horses / # of Program Horses
Condition and Types of Tack and Gear
Meds/Supplies: types and storage
Helmets
RECORDS INSPECTION Documentation & Business Operations
Orientation Program
Types of Educational Programs
Liability Waivers
Rules & Regulations
Incident/Accident Procedures
Emergency Preparedness Plan
Horse Management Plan
Facility Management Plan
Screening Procedures for Horses / Riders
Tack Inspection Procedure
Health Records of Horses
Staff Training / Volunteer Training
Insurance Policies
MSBA Annual Meeting June 12, 2015
ZONING ISSUES for Individual Owners & Stables
• Codes and permits handled at the local municipality or county level for private and commercial use
• Issues to consider: – Parcel development of structures
(signs, barns, arenas, outdoor lighting, fencing, etc.)
• Manure storage, removal, and spreading
• Traffic use (ingress and egress of property)
– Land use of equine facility • Events, lessons, and training
• Cross-country activities; fox chases
• Riding trails
• Boarding, breeding
MSBA Annual Meeting June 12, 2015
ALWAYS conduct a Liability Review!
Based on your client’s facility, the types
of activities that will be conducted and
their particular consumer-base.
• Waivers (liability releases)
• Insurance policies
– General liability
– Commercial/business liability
– Workers Compensation
MSBA Annual Meeting June 12, 2015
Types of Insurance Policies • Horse Owner Liability coverage
• Equine Mortality and Theft coverage
• Major Medical and Surgical coverage
• Loss of Use coverage
• Named Perils coverage
• Care, Custody and Control coverage
• Horse Trailer coverage
• Short-term Transit coverage
• Farm and Ranch coverage
• Commercial Equine Liability coverage
• Professional Liability coverage
• Show and Event coverage
• Riding Club and Other Group coverage
• Race Horse Owner Liability coverage
• Stallion Infertility coverage
• Barren Mare coverage
• Workers Compensation insurance
• D&O Insurance (for board of directors)
MSBA Annual Meeting June 12, 2015
NOTE: Homeowners policies may cover personal use
of a horse, but never for commercial use or
operations!
KEEP IN MIND….
Maryland’s CONTRIBUTORY
NEGLIGENCE is a favorable negligence
standard for equine businesses!
…along with…
• Contracts (waivers and other agreements)
• Assumption of Risk (knowingly, voluntarily, & willingly)
• Last Clear Chance (reasonable care to avoid)
MSBA Annual Meeting June 12, 2015
Maryland’s Contributory Negligence Standard
(it’s a good thing!)
• The individual participant is responsible for their
own actions and decisions!
• Promotes due diligence and caution.
• Requires an honest assessment of one’s own
equestrian abilities and limitations.
• Favorable to the equine business operator as well
as the private individual who practice safe riding
and conducts due diligence.
MSBA Annual Meeting June 12, 2015
Maryland Recreational Use Act Natural Resources, Title 5, Subtitle 11, Annotated Code of Maryland
Immunity from liability applies to the Land Owner if the
activity is for:
1. Educational purposes, and/or
2. Recreational purposes, AND
3. NO collection of money is made!
MSBA Annual Meeting June 12, 2015
Maryland DOES NOT HAVE:
• “Attractive Nuisance” Doctrine or
• Equine Liability Statute
MSBA Annual Meeting June 12, 2015
Expanding the Business
• Location and access
• Consumer base
• Seasonal considerations
• Other local competing interests
• Zoning restrictions
• Additional permitting or
license requirements
• Contracts and releases
• Insurance and tax considerations (retail, admissions & amusement)
MSBA Annual Meeting June 12, 2015
Comptroller of Maryland
Combined Tax Registration https://interactive.marylandtaxes.com/webapps/comptrollercra/entrance.asp
Online application and paper version available. Equine facilities may need for:
o Admission & Amusement Tax account
o Income Tax Withholding account
o Unemployment Insurance account
o Sales & Use Tax license
o Use Tax account
o Alcohol Tax license
o Sales & Use Tax Exemption certificate
MSBA Annual Meeting June 12, 2015
Additional Fees & Costs for Expansion
If expanding with selling or preparing food – some counties require “certified” food
managers (Baltimore City, Baltimore County, Howard County, Montgomery County and
Prince George’s County).
If expanding into retail with tack, supplies, gifts or related items – sales tax must
be collected and submitted to the State.
If expanding into bed and breakfast or other overnight accommodations – must
obtain a Bed & Breakfast license or similar rental license; pre-inspections required.
If expanding with a petting zoo or using animals for educational purposes – must
be licensed with USDA Animal & Plant Health Inspection Services (APHIS).
Adding any additional activity to current operations – contact insurance carrier for
updating coverage.
MSBA Annual Meeting June 12, 2015
MSBA Annual Meeting June 12, 2015
Clark's Elioak Farm A Petting Farm in the Heart of Howard County
Petting farm animals * Hayrides * Cow Train Rides
Pony Rides * Birthday Parties * Educational Tours
Enchanted Pine Tree Forest (Maze) * Special Weekend Events Enchanted Forest Attractions * Fall Season Pumpkin Patch
Clark’s Farm
MSBA Annual Meeting June 12, 2015
Riding Lessons Trail Rides Pony Rides Carriage & Sleigh
Rides Hayrides Summer Camp Tea Parties
Birthday Parties Weddings &
Receptions Bed & Breakfast Retail Sales
• gift items • books • produce, honey
A Horse Discovery Center: North East, Maryland ~ Cecil County
MSBA Annual Meeting June 12, 2015
Full Moon Farm, LLC Finksburg, Maryland ~ Carroll County
Horse Discovery Center
Offering:
Boarding and Lessons
Horse Leases
Equitation Teams
Pony Club
Competitive Horse Trials
Summer Camps
Field Trips
Parties and Special Events Venue
Farrier Services
MSBA Annual Meeting June 12, 2015
36609 Purnell Crossing Road
Willards, Maryland
Wicomico County
Trail Riding Adventures (year-round)
Riding Lessons / Summer Camp
Custom Birthday Parties
Educational Tours
Cat Classes for cat lovers
Retail Sales
Horse Discovery Center
MSBA Annual Meeting June 12, 2015
Privately-owned farm – leases facility and land for:
Competitive horse events
Hunter-Jumper events
Dressage Shows
Maryland Horse Trials
Boarding barn and pastures
Fields for crop production
Fields for beef production
Adamstown, Maryland ~ Frederick County
MSBA Annual Meeting June 12, 2015
GRAHAM EQUESTRIAN CENTER Friends of Gunpowder Falls State Park Graham Area Equestrian Center, Inc.
Glen Arm, Maryland ~ Baltimore County
A Non-Profit Equine Educational Center and Horse Discovery Center
• Boarding
• Lessons
• Training
• Horse Shows & Events
• Clinics
• Summer Camps
• Educational Programs
• Special Events
• Wine & Ride
• Day of the Horse
MSBA Annual Meeting June 12, 2015
Therapeutic Riding Program
Operation Warrior Relief
Little Leaps
Spring Break & Summer Camps
One-Time Ride
Group Ride
Educational Tours
Greenwell State Park Hollywood, Maryland ~ St. Mary’s County
Greenwell Foundation, Inc. is a non-profit
organization serving community members,
with or without disabilities.
A Horse Discovery Center!
MSBA Annual Meeting June 12, 2015
RIVER VALLEY RANCH, INC. Manchester, Maryland Horse Discovery Center
Carroll County
Began in 1952 as a cowboy summer camp and ministry for youth,
now offers programs year-round.
Trail Rides, Therapeutic Rides, Summer Camps, Retreats, Outdoor
Experiences, Paintball, Special Events, and Seasonal Activities!
Maryland Equine Law A Legal Guide to Horse Ownership & Activities
Available for $27.25 online at:
www.ktaborlaw.com
or
Today for
“MSBA Annual Meeting”
only $20.00
MSBA Annual Meeting June 12, 2015