US Laws, Codes, Statutes & Cases

 
    §  1008.  Simulcasts  to off-track branch offices. 1. The board may in
  accordance with the provisions of section one  thousand  three  of  this
  article  and section five hundred twenty-three of this chapter authorize
  and approve:
    a. An application for licenses  submitted  by  any  off-track  betting
  corporation to display the simulcasts of racing from any thoroughbred or
  harness racing association or corporation located in the state.
    2.  Such application shall include, but not be limited to, a copy of a
  written agreement between the sending track and such regional  off-track
  betting corporation and the following:
    a. The location of each branch office to display the simulcast;
    b.  Any remuneration the sending track will receive in addition to the
  provisions of section five hundred twenty-seven of this chapter; and
    c. (i) Except as provided in section  ten  hundred  thirteen  of  this
  chapter,  if  such  sending  track  is  not  a thoroughbred track in the
  Catskill region conducting a mixed meeting, letters of consent  to  such
  agreement  by  the  regional  track  or  tracks  conducting a meeting or
  meetings of the  same  type  of  racing  during  the  period  for  which
  simulcasting  is  proposed.  For purposes of this article, a track first
  licensed to conduct pari-mutuel racing  after  January  first,  nineteen
  hundred  eighty-five,  shall  not  be  considered  a  regional track for
  purposes of applicable letters of consent as required  in  this  section
  and  section  one  thousand  nine  of this chapter. Such period shall be
  defined as a twenty-four hour day from midnight to midnight.  For  those
  tracks located in the city of New York or the counties of Westchester or
  Nassau, such period shall be limited to the same time of day, defined as
  afternoon  against  afternoon,  twilight  against  twilight  and evening
  against evening, the hours for which shall be as  further  specified  by
  the board.
    (ii)  For any simulcasting facility located within an area of a circle
  whose radius is forty miles, the center of which shall be measured  from
  a  regional  track,  and  as provided in section ten hundred thirteen of
  this chapter, the board shall not approve such application  unless  such
  regional  track, as described in subparagraph (i), has given its written
  authorization, provided however, that between thirty-one and forty miles
  such approval shall not be unreasonably withheld.  Such  approval  shall
  not  be  required  if  the  simulcasting facility is located without the
  forty mile radius or if the sending track is a thoroughbred track in the
  Catskill region conducting a mixed meeting. Such  written  authorization
  shall  not  be required nor shall the provisions of section five hundred
  twenty-three of this chapter apply to those  races  that  such  regional
  track  may  elect  to  receive  as a simulcast race during its regularly
  scheduled race meeting.
    2-a.  In  the  interest  of  providing  maximum  distribution  of  the
  simulcast  signal of New York pari-mutuel races among regional off-track
  betting corporations, whenever  a  sending  track  makes  its  simulcast
  signal available to an off-track betting region authorized to accept its
  wagers,  such sending track shall make its simulcast signal available to
  all such regions authorized to accept  its  wagers  in  accordance  with
  section  five  hundred twenty-three of this chapter, and subdivision two
  of this section. In the  event  the  sending  track  and  the  off-track
  betting  corporations  are  unable  to  agree  upon terms, including the
  identification of branch offices required to receive  the  signal,  such
  terms,  conditions  and  consideration  shall  be  determined by binding
  arbitration as provided in section ten hundred thirteen of this chapter.
    3. Off-track betting simulcast pools shall be distributed according to
  the provisions of section five hundred  twenty-seven  of  this  chapter,
  except that:
    a.  The  share so retained by the off-track betting corporation may be
  divided in a manner determined by contractual agreement; and
    b.  Of  the sums received by the sending track, fifty percent shall be
  distributed to purses in addition  to  moneys  distributed  pursuant  to
  section five hundred twenty-seven of this chapter. The off-track betting
  corporation  shall  pay to the racing and wagering board as a regulatory
  fee, which fee is hereby levied, fifty hundredths of one percent of  the
  total daily pools.
    4.  a. Notwithstanding any other provision of law to the contrary, the
  board may authorize a regional off-track betting  corporation  to  amend
  its  plan of operation to provide for the sale of food and non-alcoholic
  beverages within its simulcasting facilities. For such  facilities  when
  facilities  of  a hotel or restaurant as defined in section three of the
  alcoholic beverage control law are utilized, and table  service  for  at
  least twenty-four persons is provided, the board may, in its discretion,
  authorize  a regional off-track betting corporation to amend its plan of
  operation to  provide  for  the  sale  of  beer,  wine  and  liquor,  in
  accordance  with  all applicable state and local licensing requirements.
  The board shall promulgate  rules  and  regulations  to  carry  out  the
  provisions  of  this subdivision with the intent that such sale of food,
  alcoholic and  non-alcoholic  beverages  shall  be  in  accordance  with
  appropriate  health  and  sanitary codes, and shall not include sales on
  credit except such sales utilizing  a  third  party  credit  card.  With
  respect to the sale of beer, wine and liquor, said rules and regulations
  shall  provide  requirements for seating capacity and the minimum number
  of tables, which in no event shall be less than six.
    b. (i) Regional off-track betting corporations shall have  the  option
  of  charging  an  admission fee to simulcasting facilities authorized to
  sell food, alcoholic or non-alcoholic beverages pursuant to paragraph  a
  of  this  subdivision.  The  amount  of such fee shall be subject to the
  approval of the board.
    (ii) Such fee shall be subject to a state admission tax imposed at the
  rate of four  per  centum  of  the  admission  fee.  The  tax  shall  be
  administered  by  the  commissioner  of  taxation  and  finance  and the
  provisions of section three hundred six of this chapter relating to  the
  administration  and  collection of the tax imposed by such section shall
  apply to the tax imposed by this subparagraph, in the  same  manner  and
  with the same force and effect as if the language of such provisions had
  been  incorporated in full into this subparagraph and expressly referred
  to the tax imposed by this subparagraph, except to the extent  that  any
  such   provision  is  either  inconsistent  with  a  provision  of  this
  subparagraph or is not relevant to this subparagraph.
    (iii) Any county (except a county wholly within a city)  or  city,  or
  both,  in  which  such  simulcasting  facility  is  located,  is  hereby
  authorized and empowered to adopt and amend local laws imposing a tax on
  such admission fee at a rate not to exceed fifteen  per  centum  of  the
  admission  fee. The provisions of article eight of this chapter relating
  to the administration and collection  of  the  taxes  authorized  to  be
  imposed  by  such article (including the provisions relating to judicial
  review) shall apply to a tax imposed pursuant to the authority  of  this
  subparagraph,  in  the same manner and with the same force and effect as
  if the language of such provisions had been incorporated  in  full  into
  this  subparagraph  and  expressly  referred  to  a tax authorized to be
  imposed pursuant to this subparagraph, except to  the  extent  that  any
  such   provision  is  either  inconsistent  with  a  provision  of  this
  subparagraph or is not relevant to this subparagraph.
    5. a. As a condition to receiving simulcasts in any branch office from
  any sending track a regional off-track betting corporation located in  a
  city  with  a population of one million shall simulcast the thoroughbred
  and quarter horse races of a thoroughbred track located in the  Catskill
  region  conducting  a  mixed  meeting  in all such branches that will be
  receiving  the  simulcasts  of  any  other thoroughbred or harness horse
  races on any day that such thoroughbred track in the Catskill region may
  be conducting a mixed meeting and offers such simulcasts of its races to
  such corporation, provided, however, that the costs associated with  the
  transmission  and  receipt  of the simulcast signal of such thoroughbred
  track located in the Catskill region shall be borne by such track.
    b.  Any  branch  office  that  receives  such  simulcast  signal   for
  forty-five days may cease receiving such signal if the off-track betting
  operator  justifies  to the board that the opening of such branch office
  has sustained economic loss during such forty-five day period. Provided,
  however, the track  and  off-track  betting  operator  may  waiver  this
  provision by contract.