Section 16.03 - Licensing and Operation of Riding Schools and Stables(1)License Required.(a) No Person shall engage in the business of operating a riding school or a Stable where horses are kept for hire in the Commonwealth of Massachusetts unless licensed by the Department.(b) Any Person desiring to apply for a Riding School and Stable license shall submit, on a form provided by the Department, an application and the appropriate fee.(c) Upon receipt of a completed application for a license, the Department shall inspect the applicant's facilities. If the Department finds the facilities and equipment in compliance with 330 CMR 16.03(2)(a) through (g), the Department may issue a license.(d) All Riding School and Stable licenses shall expire on March 31st following the date of issuance.(e) All licensees shall post their license on their premises in a place prominently visible to the public.(f) The Department may deny a license to any applicant whose facilities and equipment fail to comply with 330 CMR 16.03(2)(a) through (g). Any applicant whose license has been denied may submit a written request for a hearing within 14 days following receipt of the Department's decision to deny the license.(g) The Department may revoke or suspend a license after a M.G.L. c. 30A hearing and upon finding that the licensee has: 1. Violated M.G. L. c. 129, §§ 9, 44, 44A, 45 or 46, or c. 128, §§ 2A or 2B, or any provision in 330 CMR 16.00 or M.G.L. c. 272, §§ 77 through 79B;2. Allowed an issued license to be used by an unlicensed Person;3. Violated a quarantine order issued by the Department; or4. Made a material misstatement in the application for a license.(2)Facilities and Equipment. All licensees shall: (a) Maintain all areas where horses are kept: 1. In a safe and sanitary condition, and in good repair;2. Free of glass, wire or other material which may cause injury to horses;3. In such a manner as to prevent the infestation of the horses and the premises with external parasites or vermin; and4. In such a manner as to prevent the spread of infectious or contagious disease.(b) Clean all areas where horses are kept as frequently as necessary to ensure their sanitary condition;(c) Provide an adequate, dry shelter for the horses maintained on the premises;(d) Ensure that if box stalls are utilized, they are large enough to enable any horse to stand up and lie down;(e) Provide shelter in outdoor holding and grazing areas if any horse is kept outdoors for more than eight hours and no natural shelter exists;(f) Provide equipment for any necessary storage or disposal of waste material to control vermin, insects, disease, and obnoxious odors; and(g) Ensure that all saddle packs and tack are clean, supple and in safe working condition.(3)General Care of Horses and Equipment. All licensees shall ensure that: (a) Sufficient fresh food of a type and amount consistent with the dietary requirements and age of the horse is offered at least twice daily;(b) Sufficient fresh and clean water is available;(c) Containers used for the feeding and watering of horses are cleaned regularly in order that they remain free from debris and contamination;(d) All horses are properly shod or their feet are appropriately trimmed at all times;(e) All horses are kept clean with particular attention given to those areas which are in contact with a saddle, harness or other tack; and(f) Horses are housed without overcrowding and in groups of compatible temperament and gender.(4)Use of Horses. (a) No licensee shall use any horse unfit for work. A horse is unfit for work if it has any of the following conditions: 1. Lameness of any kind unless the licensee has a health certificate signed by a licensed veterinarian dated within the previous 12 months stating that the lameness is mechanical in nature and does not cause pain or suffering during use;2. Sores or abrasions caused or likely to be irritated by the bearing surfaces of saddles, girths, harnesses, or bridles being worn;3. Serious injuries or illness;4. Obvious signs of emaciation, malnutrition or exhaustion; or(b) No licensee shall work a horse more than: 1. Five consecutive hours without the horse being given at a least one hour rest period;(c) All licensees shall ensure that: 1. Horses used at concessions consisting of a wheel-like device are not attached to or moving with the device unless they being ridden;2. All horses are ridden or driven in a manner which:a. Is appropriate for the terrain;b. Preserves the health and safety of the horse and the rider; andc. Does not cause the horse to become overheated or exhausted;3. All horses which are worked during icy conditions are equipped with ice caulks, borium, or other similar shoes to prevent slipping; and4. Water is offered at frequent intervals to working horses.(5)Operation of Riding Schools and Stables. All licensees shall ensure that: (a) All lead riders guide in a manner which preserves the health and safety of the horses and other riders; and(b) Only licensed instructors provide riding lessons at the premises.(6)Record Keeping and Inspections.(a) All licensees shall maintain records of the daily work periods for each horse for 30 days; and(b) All premises and records shall be open for inspection by the Department, Massachusetts Society for the Prevention of Cruelty to Animals and the Animal Rescue League.Amended by Mass Register Issue 1323, eff. 10/7/2016.