2010 Tennessee Code
Title 4 - State Government
Chapter 36 - Racing Control Act of 1987
Part 3 - Race Meetings
4-36-303 - Pari-mutuel wagering races.

4-36-303. Pari-mutuel wagering races.

(a)  The commission may prescribe rules and regulations under which a live race may be run or a simulcast race may be presented at a recognized race meeting in this state upon which results the pari-mutuel style of wagering is solely permitted.

(b)  (1)  Only those persons licensed by the commission to conduct race meetings in this state may conduct pari-mutuel wagering, and such wagering shall be conducted only on the association's premises, notwithstanding any other statutes of this state to the contrary.

     (2)  Any association, except a fair, that requests approval for at least thirty-four (34) live racing days may also request approval to conduct simulcast wagering on dark days at the enclosure or simulcast wagering at a satellite teletheater, or both.

     (3)  An association that makes application for an initial race meeting license may request approval to conduct simulcast wagering on its premises that are within the same local governmental boundaries as its enclosure prior to the initial commencement of live racing at such enclosure. Such approval, however, shall not be given by the commission prior to the grant of a race meeting license. Such simulcast wagering shall be considered to be conducted at the enclosure.

(c)  (1)  Notwithstanding any other statutes of this state to the contrary, interstate combined pool wagering may be permitted on simulcast races, and the commission is authorized to enter into agreements with other racing commissions or boards and their respective states or jurisdictions to effect such combined pool wagering.

     (2)  Interstate simulcasts shall be in compliance with the Interstate Horseracing Act, 15 U.S.C. § 3001 et seq.

     (3)  With the approval of the commission, whenever an association participates in an interstate combined wagering pool, the association may adopt the take-out of the host jurisdiction or facility. Of the simulcast handle, the state of Tennessee shall receive one percent (1%) of the first six hundred thousand dollars ($600,000) and two percent (2%) of the amount over six hundred thousand dollars ($600,000) for distribution by the department of revenue in accordance with § 4-36-306(b)(3) and (4), and shall receive one-half percent (0.5%) of the handle for deposit into the “racing development fund” established in § 4-36-105.

     (4)  The commission may permit an association to use one (1) or more of its races for interstate combined wagering pools at locations outside this state, and may allow pari-mutuel pools in other states or jurisdictions to be combined with pari-mutuel pools in this state for the purpose of establishing interstate combined wagering pools.

     (5)  The participation by an association in an interstate combined wagering pool shall not cause that association to be considered to be doing business in any jurisdiction other than the jurisdiction in which the association is physically located.

     (6)  Tennessee pari-mutuel taxes or retainage (the “take-out”) may not be imposed on any amounts wagered in an interstate combined wagering pool other than on amounts wagered in this state.

     (7)  Breakage for interstate combined wagering pools shall be calculated in accordance with the statutes or rules of the host jurisdiction and shall be distributed among the participating jurisdictions in a manner agreed to by the jurisdictions.

     (8)  The commission may approve types of wagering, distribution of winnings, and rules of racing for simulcast races and interstate combined pool wagering that are different from those that normally apply in Tennessee.

(d)  Any association conducting a race meeting under this chapter may provide a place or places in the race meeting enclosure at which such an association may conduct, under the supervision of the commission, the pari-mutuel system of wagering by patrons on the results of races, either live or simulcast, within the terms of this chapter.

(e)  A place provided in conformity with this section shall be equipped with automatic ticket-issuing and vending machines with totalisating machine equipment capable of accurate and speedy determination of the amount of money in each wagering pool and on each entry and the amount or award owing to winning patrons and displaying same to patrons. Such machines shall be equipped with automatic or hand-operated machinery suitable for displaying on the totalisator board, located in the infield portion of the track within easy viewing distance of the patrons, the total amount of sales on each and every live or simulcast race and the amount of award to winning patrons.

[Acts 1987, ch. 311, § 27; 1993, ch. 248, § 2; 1996, ch. 1080, § 3.]