US Laws, Codes, Statutes & Cases

 
    §  532.  Surcharge  on off-track winnings; disposition of revenues. 1.
  Notwithstanding any other provision of law, any city having a population
  of one million or more is hereby authorized and  empowered  to  adopt  a
  local  law  imposing  a  surcharge  of five per centum on the portion of
  pari-mutuel wagering pools distributable to persons having  placed  bets
  at  off-track  betting facilities located within such city. The revenues
  derived from such surcharge, plus the breaks, shall be held separate and
  apart  from  any  amounts  otherwise  authorized  to  be  retained  from
  pari-mutuel pools.
    2.  If,  and only if, any such city having a population of one million
  or more adopts the local law  authorized  by  subdivision  one  of  this
  section,  and  only during the period such law is in effect, every other
  regional off-track betting corporation  or  off-track  betting  operator
  authorized  to  conduct  off-track  betting  in this state shall, within
  sixty days of such adoption, also collect, pursuant to this section, the
  surcharge described in subdivision one of this section. Such  surcharge,
  subject  to  the  conditions  described  in  this subdivision, is hereby
  levied.
    3. The revenues received from  any  surcharge  imposed  by  local  law
  adopted  pursuant  to  subdivision  one or imposed by subdivision two of
  this section, plus the breaks, shall be distributed monthly, as follows:
    a. Fifty per centum to such  city,  or  to  the  counties  and  cities
  entitled  to  receive revenues from the regional corporation pursuant to
  section five hundred sixteen of this chapter and in the same  proportion
  as provided therein, or to an off-track betting operator; and
    b. The balance as follows:
    (i) where the track conducting the race on which the bet was placed is
  located  within  a  city  with  a  population  in  excess of one hundred
  thousand, to such city;
    (ii) where the track conducting the race on which the bet  was  placed
  is  not located within a city with a population in excess of one hundred
  thousand, to the county in which such track is located;
    (iii) where the track conducting the race on which the bet was  placed
  is  located  partially  within a city with a population in excess of one
  million and partially within a county, twenty-five per  centum  of  such
  balance to the city and the remainder to the county; and
    (iv)  where  the track conducting the race on which the bet was placed
  is located outside the  state,  in  the  same  manner  as  described  in
  paragraph a of this subdivision.
    (v)  where  the track conducting the race is located in a thoroughbred
  special betting district and is simulcasting  pursuant  to  section  one
  thousand  eight  of  this chapter outside such special betting district,
  ninety per centum to the off-track betting operator and ten  per  centum
  to the county in which such track is located.
    (vi)  for the period of September first, two thousand two until August
  thirty-first, two thousand seven and where the track conducting the race
  on which the bet was placed is a harness track located in  the  counties
  of Erie or Genesee, to such track.
    3-a.  Such  five  per  centum  surcharge  herein  provided  is  hereby
  increased by a supplemental one per centum surcharge on the  portion  of
  pari-mutuel  wagering  pools  of  multiple, exotic and super exotic bets
  distributable  to  persons  having  placed  bets  at  off-track  betting
  facilities  to  be  distributed  in  accordance  with  the provisions of
  section five hundred nine-a or  six  hundred  nine-a  of  this  chapter,
  whichever  may  be  applicable  to  the corporation with which such bets
  originated.
    4. The  state  racing  and  wagering  board  shall  issue  regulations
  providing  for  monthly  distribution  to  cities  and  counties  of the
  revenues received under this section,  through  the  regional  off-track
  betting  corporation  in  which  such  cities  or  counties are located;
  provided, however, in the event that such cities or  counties  otherwise
  entitled  to  receive  such  revenues  are  not  participating cities or
  counties with a regional off-track betting corporation then such monthly
  distributions shall be payable directly  to  such  cities  or  counties.
  Regional off-track betting corporations that receive payments under this
  subdivision  shall distribute such payments to appropriate participating
  cities and counties within three business days following receipt of such
  payments.  The board shall also provide for periodic reports by regional
  off-track betting corporations to  ensure  that  the  purposes  of  this
  section are carried out.
    5. Notwithstanding any other provision of law, moneys distributable to
  the  county  of Saratoga pursuant to subparagraph (ii) of paragraph b of
  subdivision three of this section shall be distributed as follows:
    a. The first one million six hundred fifty-eight thousand one  hundred
  fifty-four  dollars and sixty-four cents of distributable revenues shall
  be paid to the county of Saratoga.
    b. The next three hundred twenty-two thousand  nine  hundred  fourteen
  dollars  and twenty-one cents of distributable revenues shall be paid to
  the city of Saratoga.
    c. If any surplus moneys are available after  the  payments  are  made
  pursuant  to  paragraphs a and b of this subdivision such surplus moneys
  shall be paid as follows:
    (i) 83.7% of such surplus shall be paid to the county of Saratoga.
    (ii) 16.3% of such surplus shall be paid to the city of Saratoga.
    Upon the  release  of  the  federal  census  figures  for  the  census
  conducted  in  nineteen  hundred eighty, the allocation of such revenues
  shall be apportioned between the county of  Saratoga  and  the  city  of
  Saratoga  and  shall  be  determined  by  the  percentages  of the total
  population of the county  of  Saratoga  and  the  city  of  Saratoga  in
  relation to each other.
    6.  Notwithstanding  any  provision  herein or in section one thousand
  nine of this chapter to the contrary where the track conducting the race
  is a thoroughbred track located in  the  Catskill  region  conducting  a
  mixed  meeting such surcharge shall be collected on all wagers placed in
  branch offices or simulcast theaters of  a  regional  off-track  betting
  corporation.  The  revenues  received from any such surcharge imposed in
  accordance with this  section  plus  the  breaks  shall  be  distributed
  monthly as follows:
    a. one-fifth to the county in which such track is located;
    b. three-fifths to a regional track located in the region in which the
  bet  is  placed  in  accordance  with provisions of section five hundred
  twenty-seven of this article, one-half thereof to be used for purses  at
  such  regional  track,  except that in any region containing two or more
  regional tracks such tracks shall be entitled to an equal share;
    c. one-fifth to be retained by the  off-track  betting  operator  with
  whom such bet originated as operating revenues.