2006 New York Code - On-track Wagers On The Kentucky Derby, The Preakness And The Breeders\' Cup.

 
    §  905.  On-track  wagers on the Kentucky Derby, the Preakness and the
  Breeders' Cup. 1. Notwithstanding any  inconsistent  provision  of  this
  chapter,  whenever  a  regional  off-track  betting  corporation accepts
  wagers on  and  displays  the  simulcast  of  the  Kentucky  Derby,  the
  Preakness  or  races  known  as  the "Breeders' Cup", any corporation or
  association or  non-profit  racing  association  conducting  pari-mutuel
  betting  pursuant  to  this  chapter  may  elect to accept wagers on and
  display the simulcast of the Kentucky Derby, the Preakness and the races
  known as the Breeders' Cup. Upon such election:
    a. The applicable state tax provided for in  paragraphs  a  and  b  of
  subdivision  one  of  section  five hundred twenty-seven of this chapter
  shall be one-half per centum for regular, multiple and exotic bets.  Any
  harness   racing   or   association  or  corporation,  nonprofit  racing
  association or thoroughbred racing association or corporation authorized
  pursuant to this section 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 pari-mutuel pools.
    b.  The  system  of  on  and  off-track  betting  shall  result in the
  combination of all off-track  wagers  with  on-track  wagers  so  as  to
  produce  common  pari-mutuel  betting pools. Provided, however, that the
  board  may  authorize  separate  pari-mutuel  wagering  pools  for   any
  corporation  or  association  electing  to  accept  such  wagers,  if it
  determines that a common on and off-track pari-mutuel betting pool,  due
  to limitations in existing computer systems and information transmission
  and  receiving  capacities  cannot  practically be accomplished so as to
  maximize  a  reasonable  number  of  separate  wagering  interests.  The
  resulting  separate  pools  for  regional off-track betting corporations
  shall be subject to the limitations set forth in  subdivision  eight  of
  section five hundred twenty-three of this chapter.
    c.  Every  association,  corporation and non-profit racing association
  shall distribute all sums deposited in any pari-mutuel pool to the hold-
  ers of winning tickets therein, providing such tickets be presented  for
  payment  before  April  first  of  the  year following the year of their
  purchase, less an  amount  which  it  shall  retain  at  the  same  rate
  established by the sending track plus the breaks.
    d.  For  non-profit  racing associations, the applicable state tax and
  distributions to purses and the New York state thoroughbred breeding and
  development fund shall be the same amounts as provided  in  section  two
  hundred  twenty-nine  of  this  chapter  provided,  however,  that  upon
  election of any corporation or association to  accept  such  wagers,  no
  additional  amounts  may  be withheld as provided in section two hundred
  twenty-eight-a of this chapter.
    e. For any association or corporation licensed pursuant to article two
  of this  chapter,  other  than  a  non-profit  racing  association,  the
  applicable  state  tax  shall  be  one percent of all wagers, the amount
  payable to the thoroughbred  breeding  and  development  fund  shall  be
  one-half  of  one  percent  and  distribution  to  purses shall be fifty
  percent of the amount retained by the  track  after  all  statutory  and
  contracted  payments  are made. No additional amounts may be withheld as
  provided in section two hundred twenty-eight-a of this chapter.
    f. For any association or corporation  licensed  pursuant  to  article
  three  of this chapter, the applicable state tax shall be one percent of
  all  wagers,  the  amount  payable  to  the  thoroughbred  breeding  and
  development  fund  shall be one-half of one percent and distributions to
  purses shall be one and three-quarters percent.  No  additional  amounts
  may  be  withheld  as provided in section three hundred nineteen of this
  chapter. For the purposes of purse  distributions,  any  association  or
  corporation  located in the Western Off-Track Betting Region shall remit
  said distributions to the thoroughbred track located within said  region
  and  all  other  corporations  or  associations  shall  remit said purse
  distributions to a non-profit racing association.
    Notwithstanding  any  other  provision of law, any such association or
  corporation conducting pari-mutuel wagering on races run by a non-profit
  racing association on the days when they are  accepting  wagers  on  the
  Kentucky  Derby,  the  Preakness  or the Breeders' Cup shall pay a state
  pari-mutuel tax of one percent of all such wagers in  lieu  of  the  tax
  imposed  by  paragraph  a  of  subdivision three of section one thousand
  seven of this chapter.
    2. The state racing and wagering board shall  approve  an  application
  from   any  racing  corporation  or  association  or  non-profit  racing
  association pursuant to  subdivision  one  of  this  section  to  accept
  on-track  wagers  and display the simulcast of the Kentucky Derby or the
  Preakness provided, however, that no application shall  be  approved  by
  the  board  that it determines may cause a reduction of the total number
  of racing events normally conducted at the track on a daily basis.
    2-a. The state racing and wagering board shall approve an  application
  from   any  racing  corporation  or  association  or  non-profit  racing
  association pursuant to  subdivision  one  of  this  section  to  accept
  on-track  wagers on the Breeders' Cup races, and, in instances where the
  application contemplates the  on-track  display  of  simulcasts  of  and
  wagering  on  the  entire  card  of Breeders' Cup races, the board shall
  authorize, for that day, a reduction  of  the  total  number  of  racing
  events  normally  conducted  at the track on a daily basis provided that
  the total number of live racing events conducted at the track shall  not
  be less than two.
    3.  Every  racing  association  or  corporation  or  non-profit racing
  association authorized to accept  wagers  on  the  Kentucky  Derby,  the
  Preakness  or  the  Breeders'  Cup  pursuant  to subdivision one of this
  section shall be subject to all appropriate provisions of  this  chapter
  pursuant  to  the  conduct  of  a  race  meeting  by such association or
  corporation or non-profit racing association.
    4. Notwithstanding any other provision  of  law,  whenever  a  harness
  racing  association  or  corporation is receiving the simulcast of races
  run at a thoroughbred racing association or  corporation,  such  harness
  racing association may also receive the telecast of and accept wagers on
  any  out  of  state  races which are telecast to the thoroughbred racing
  association or corporation. Pools resulting from wagers in  the  out  of
  state  races shall be combined with the appropriate pools resulting from
  wagers  on  such  races  at  the  thoroughbred  racing  association   or
  corporation.