New York Reduction In Retained Commission.
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§ 901. Reduction in retained commission. 1. Notwithstanding the
provisions of subdivision two of section five hundred twenty-three of
this chapter, the board shall authorize regional off-track betting
corporations to accept additional wagers on multiple betting
opportunities on races conducted by any nonprofit racing association,
provided, however, that from July thirty-first, nineteen hundred
seventy-eight through January first, nineteen hundred seventy-nine, the
following wagering opportunities shall be authorized only for such
corporations:
a. An "additional daily double," defined as a single bet or wager to
select the winning horses in any two races other than the first four
races, and
b. A "quinella," defined as a single bet or wager to select the horses
finishing first and second, in either order of finish, in the same race.
The "quinella" shall be offered on as many as three races on each day
racing is conducted.
Provided, however, that on and after January first, nineteen hundred
seventy-nine, nonprofit racing associations may elect to offer such
similar additional daily double and quinella wagering opportunities. If
such associations offer two or more quinellas, as defined herein, the
provisions of section five hundred twenty-three of this chapter, as
modified by the provisions of subdivisions one, two and three of this
section, with respect to combined pools shall apply with respect to such
wagering opportunities. At any time such associations do not offer at
least two quinellas, the provisions of this subdivision with respect to
separate authorizations for regional corporations shall remain in effect
with respect to such quinella wagers.
At any time such associations do not offer such an additional daily
double, the provisions of this subdivision with respect to separate
authorizations for regional corporations shall remain in effect with
respect to such an additional daily double wager.
Whenever regional off-track betting corporations offer wagers pursuant
to this subdivision that are not combined in a common pool with similar
on-track wagers, the provisions of subdivision eight of section five
hundred twenty-three of this chapter shall apply to such wagers.
2. a. In addition to the authority granted under subdivision one of
this section, the board shall require, under conditions subject to its
approval, the track operator for such nonprofit racing associations to
provide direct transmissions into selected regional off-track facilities
of a current "live call of the race," defined as the current positions
of the horses at specified places on the track during the race. The
track operator itself may perform the broadcast; or, provide appropriate
space and facilities to enable a single, alternative broadcast to be
performed solely for the use of regional off-track betting corporations,
the expense of such alternative broadcast to be borne by such regional
corporations, at the discretion of such regional corporations. In either
case, all incremental transmission costs are to be borne by such
regional corporations.
b. The regional off-track betting facilities, each of which shall have
been in operation for six months or more prior to receiving such
transmissions and at least forty percent of which shall have had a total
pool on races of such nonprofit racing associations during such period
equal to or greater than the median pool on such races in all such
facilities in such county, that shall receive such transmissions are
authorized as follows, provided that such requirements with respect to
duration of operation and total pool shall not apply to facilities in
the New York city region:
(i) for the New York city region, any facility, located more than five
miles from such operating non-profit racing association track, for which
the New York city off-track betting corporation requests such
transmissions of such nonprofit racing associations.
(ii) for the Nassau region, one facility located at least ten miles
from any thoroughbred track operated by such nonprofit racing
associations.
(iii) for the Suffolk region, one facility.
(iv) for the Catskill and Western regions, six facilities each,
provided, however, that no such transmissions are authorized into the
portion of the Western and Catskill regions in the thoroughbred special
betting district on those days that a thoroughbred track is conducting
racing in such special betting district.
(v) for the Capital District region, six facilities, provided,
however, that no such transmissions are authorized into the Capital
District region on those days that a nonprofit racing association is
conducting races at a track located within such region. Nothing in this
subparagraph shall prohibit such region and a nonprofit racing
association from entering into an agreement to provide such
transmissions in additional facilities subject to the restrictions in
this subparagraph.
c. The board shall approve the request of each such regional off-track
betting corporation to transmit the call of the race, beginning January
first, nineteen hundred seventy-nine, into an additional, like number of
facilities as specified in paragraph b of this subdivision and subject
to the conditions in such paragraph. Provided, however, that nothing
shall prohibit such nonprofit racing association from entering into
agreements with such regional off-track betting corporations designating
additional facilities within the regions of such regional off-track
betting corporations that may offer a "live call of the race", except
that no such transmissions are authorized into the portion of the
Western and Catskill regions in the thoroughbred special betting
district on those days that a thoroughbred track is conducting racing in
such special betting district.
d. Notwithstanding any provisions to the contrary in this subdivision,
during and only during the period that such nonprofit racing association
shall conduct races at a racetrack not within the counties of Suffolk,
Nassau and the five counties comprising the city of New York, the track
operator for such nonprofit racing association shall provide direct
transmissions into all of the facilities operated by off-track betting
corporations, except those within the Capital District region and any
facilities within a thoroughbred special betting district, other than
those facilities authorized to accept wagers on races conducted by such
nonprofit association, on those days that a thoroughbred racing track is
conducting racing in such special betting district, of a current "live
call of the race" as defined, and subject to the conditions provided
for, in paragraph a of this subdivision. Provided, however, nothing
shall prohibit such nonprofit racing association from entering into an
agreement with the Capital District regional corporation designating
specific facilities within the Capital District region that may offer a
"live call of the race".
3. A nonprofit racing association shall make available such space and
facilities as may be required to enable regional off-track betting
corporations to obtain the information specified in section two hundred
twenty-six of this chapter for transmission to patrons in the facilities
of such corporations. In addition, such associations shall cooperate
with such corporations in order to develop a system whereby off-track
wagers are combined with on-track wagers in a common pool, and the odds
or potential payoff reflecting or based upon that pool are displayed at
off-track facilities periodically during the time preceding the race on
which such wagers are made. The purpose of the system is to enable
wagers placed off-track to be combined concurrently with wagers placed
on-track until as close to the beginning of the race as is technically
feasible, with due regard for the security and accuracy of such system.
The costs of the changes adopted pursuant to this section shall be borne
by those regional off-track betting corporations electing to receive
such information or to combine the on-track and off-track pools on a
more timely basis.
4. Notwithstanding any other provision of law, the Western region
off-track betting corporation is hereby authorized to develop a system,
subject to approval of the board, whereby off-track wagers are combined
on a current basis with on-track wagers on races conducted by an
association or corporation licensed to conduct thoroughbred races at a
track located within the Western region. Such association or corporation
shall cooperate in the provision of such wagers and shall also provide
on such races direct transmission into the facilities of such regional
corporation of a current "live call of the race" as defined in paragraph
a of subdivision two of this section.