2006 New York Code - Reduction In Retained Commission.

 
    §  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.