(1) Any person who, either for himself or as agent or employee of another, wagers money or anything of value on a horse race run or about to be run or advertised, posted, or reported as being run at any race track in or out of this state, or who engages in the occupation of receiving, making, transmitting, or negotiating, either in person or by messenger, telephone, or telegraph, wagers on horse races run or about to be run or advertised, posted, or reported as being run or about to be run at any race track in or out of the state, shall, except in the case of wagers made within the enclosure of a race track licensed by the Kentucky Horse Racing and Gaming Corporation during an authorized race meeting at that track, or an enclosure during regular meetings in which running, trotting, or pacing races are being conducted by associations regularly organized for that purpose, be guilty of a Class A misdemeanor.
(2) In any prosecution under subsection (1) of this section, the state need not prove that the horse race upon which the wager was placed was actually run. Proof that the wager was made upon what purported to be or what was advertised, reported, or understood to be a horse race shall be sufficient to establish a prima facie case for the state.