US Laws, Codes, Statutes & Cases

 
    §  523.  General  limitations  on  off-track  betting. The board shall
  require that any  regional  corporation  conduct  off-track  pari-mutuel
  betting in accordance with this section.
    1.  The  system  of  off-track  betting  operated by such corporation,
  except as otherwise provided  in  this  section,  shall  result  in  the
  combination  of  all  off-track  wagers  with  on-track  wagers so as to
  produce common pari-mutuel betting pools for the calculation of odds and
  the determination of payouts from such pool, which payout shall  be  the
  same  for all winning tickets, irrespective of whether a wager is placed
  off-track or on-track.
    2. Exotic and multiple bets on races  run  within  the  state  may  be
  approved  by the board without a comparable on-track pool, provided that
  the corporation or association conducting such races  shall  have  filed
  with  the  board a written consent for such off-track exotic or multiple
  bets on races held at its track.
    3. The board may approve separate off-track  pools  on  races  run  in
  other  states  subject  to  the  limitations  of  this  section  and  of
  subdivision eight of this section in particular.
    4. No regional corporation authorized to conduct off-track betting  by
  the  board  shall  accept  off-track  wagers on races run at any harness
  track located without its region while a harness track within its region
  is conducting a race meeting involving pari-mutuel betting  without  the
  approval  of  the  regional  operating harness track; provided, however,
  that for the purposes of  this  subdivision,  the  Suffolk  region,  the
  Nassau region, the New York city region, and the portion of the Catskill
  region  outside  a special betting district shall be considered a single
  region; and further provided, however, that for  the  purposes  of  this
  subdivision,  there shall be created a harness special betting district,
  consisting of the counties  of  Cayuga,  Chenango,  Cortland,  Franklin,
  Herkimer,  Jefferson,  Lewis, Madison, Oneida, Onondaga, Oswego, Otsego,
  St. Lawrence and Tompkins in which no off-track betting on races run  at
  a harness track without such special betting district shall be permitted
  while a harness track within such special betting district is conducting
  a race meeting involving pari-mutuel betting.
    4-a. Notwithstanding any inconsistent provision of subdivision four of
  this   section,  regional  off-track  betting  corporations  are  hereby
  authorized and empowered in each year to  accept  wagers  on  the  races
  known as the "Dr. Harry M. Zweig Memorial Trot" and "Empire Commission's
  Cup"  (A  pace)  to  be  run  under  the  auspices of the New York State
  Industrial Exhibit Authority.
    5. Except for races conducted by a thoroughbred track in the  Catskill
  region  during  a  mixed  meeting,  no regional corporation shall accept
  wagers on any thoroughbred or steeplechase race run on any  thoroughbred
  or steeplechase track located without its region while a thoroughbred or
  steeplechase  track  within  its  region  is  conducting  a race meeting
  involving pari-mutuel betting without  the  approval  of  the  operating
  regional  thoroughbred  or  steeplechase track, except that the Catskill
  and Suffolk regional corporations may accept wagers on any  thoroughbred
  track outside its region while a thoroughbred track within the region is
  conducting such a race meeting provided the regional corporation accepts
  wagers  on such track within the region; provided, however, that for the
  purposes of this subdivision, there  shall  be  created  a  thoroughbred
  special  betting  district,  consisting  of  the  counties  of  Orleans,
  Genesee, Wyoming, Allegany, Monroe, Livingston, Steuben, Wayne, Ontario,
  Yates, Seneca, Schuyler, Cayuga, Tompkins,  Onondaga  and  Cortland,  in
  which   no   off-track  betting  on  races  run  at  a  thoroughbred  or
  steeplechase track without such special district including such a  track
  within  the  Catskill  region shall be permitted while a thoroughbred or
  steeplechase track within such special district  is  conducting  a  race
  meeting  involving  pari-mutuel  betting  without  the  approval  of the
  operating  regional  thoroughbred  or  steeplechase   track;   provided,
  however, that within such district in the counties of Wyoming, Allegany,
  Steuben  and  Schuyler  off-track  betting  on  races run at a nonprofit
  racing association or steeplechase track without such  special  district
  shall  be  permitted.  Notwithstanding any inconsistent provision in the
  foregoing,  the  regional  off-track  betting  corporations  are  hereby
  authorized  and  empowered  to  accept  all wagers on races known as the
  "Belmont Stakes", the "Travers Stakes", the "Breeders  Cup  Series"  and
  the "New York Derby"; and such corporation, outside of a harness special
  betting district, is hereby authorized and empowered to accept wagers on
  the  races  comprising the seven-day race meeting known as the "Syracuse
  Mile".
    6. a. No regional corporation may accept wagers  on  races  run  at  a
  thoroughbred  or  steeplechase track in another state or country while a
  thoroughbred or steeplechase track within this  state  is  conducting  a
  race  meeting  involving  pari-mutuel  betting;  provided, however, that
  notwithstanding any inconsistent provision, the board may  designate  no
  more  than  fifteen thoroughbred or steeplechase races per year as races
  of special interest  on  which  off-track  pari-mutuel  betting  may  be
  accepted by regional corporations, provided further that for purposes of
  this  subdivision the acceptance of wagers on a series of races known as
  the "Breeders' Cup" shall be considered  as  a  single  thoroughbred  or
  steeplechase  race  of  special  interest  and  all  such races shall be
  determined in accordance with article nine of this chapter.
    b. When a race meeting is not  being  conducted  by  nonprofit  racing
  associations  and  a  thoroughbred  race meeting is being conducted at a
  track located within the thoroughbred special betting district, regional
  corporations  and  portions  of  regional  corporations   outside   such
  district, shall, in addition to accepting wagers on races at such track,
  also  be permitted to accept wagers on thoroughbred races run in another
  state.  In the event that wagers are accepted on races  run  at  both  a
  track  located  in  the  thoroughbred  special betting district and at a
  track located in another state, the balance of  the  amount  payable  to
  tracks  within  this state pursuant to paragraph f of subdivision one of
  section five hundred twenty-seven of this article, but (i) not less than
  one per centum on regular and multiple wagering and two  per  centum  on
  exotic   wagers,   shall  be  paid  to  the  track  located  within  the
  thoroughbred special betting district running  thoroughbred  races,  and
  (ii)  not  less  than  three-quarters  of  one per centum of regular and
  multiple wagering and one and one-quarter per centum  on  exotic  wagers
  shall be paid to the harness track operator conducting racing within the
  region within which the wagers on such out-of-state races are placed.
    c.  If as a result of the authorization granted in paragraph b of this
  subdivision, the average daily distribution to harness  track  operators
  from  regional  off-track  betting  corporations and attributable to the
  conduct of off-track betting on thoroughbred races run  concurrently  by
  both  an  in-state  and an out-of-state track operator during the period
  from  June   first,   nineteen   hundred   seventy-eight   through   May
  thirty-first,  nineteen  hundred seventy-nine and each succeeding twelve
  month period thereafter is less than the average daily  distribution  to
  such  operators  from off-track betting corporations and attributable to
  the conduct of racing by a thoroughbred racing  association  during  the
  base  period  of  June first, nineteen hundred seventy-seven through May
  thirty-first, nineteen hundred seventy-eight, such  operators  shall  be
  entitled  to a credit against the state tax imposed upon its pari-mutuel
  revenues. The tax credit for any twelve month period shall be an  amount
  calculated   by   multiplying   the   shortfall  in  the  average  daily
  distribution by the number of days in  each  twelve  month  period  that
  regional  off-track betting corporations conduct betting on thoroughbred
  races  run  concurrently  by  both an in-state and an out-of-state track
  operator. The board shall so certify to the  state  tax  commission  the
  amount of credit applicable to each harness track operator no later than
  thirty days following the close of each twelve month period.
    7. No regional corporation may accept wagers on races run at a harness
  track  in  another  state  or  country while a harness track within this
  state is  conducting  a  race  meeting  involving  pari-mutuel  betting;
  provided,  however, that notwithstanding any inconsistent provisions the
  board may designate no more than fifty harness races per year  as  races
  of  special  interest  on  which  off-track  pari-mutuel  betting may be
  accepted by regional corporations.
    8. Pools permitted by  subdivisions  three,  six  and  seven  of  this
  section  shall  be  combined  into  a  single  statewide  pool  for  the
  calculation of odds and the determination  of  payouts  which  shall  be
  uniform throughout the state.
    9.  (a)  Notwithstanding  any  other  provision  of  this  article any
  regional corporation having a missed pool as defined in this subdivision
  shall dispose of such pool as follows:
    (1) Any missed pools of wagers placed  at  off-track  betting  parlors
  subsequent  to  December  thirty-first,  nineteen hundred eighty-two and
  prior to August first, nineteen hundred ninety-four which were not  used
  to calculate payouts to winning bettors because such wagers failed to be
  transmitted  to  and  were  not  included  in  the statewide pari-mutuel
  betting pool shall be retained by  such  corporation  for  its  ordinary
  operating expenses.
    (2)  On or before August first, nineteen hundred ninety-four the board
  shall promulgate rules  and  regulations,  which  direct  said  regional
  corporations  and said missed pools to the in-state track conducting the
  race on which the wager was placed to be used  for  the  next  available
  common pool.