State Codes and Statutes

Statutes > New-york > Pml > Article-10 > 1015

§  1015.  Simulcasting of races run by out-of-state harness tracks. 1.  The provisions of this section shall govern the  simulcasting  of  races  conducted  at  harness tracks located in another state or country during  the  period  July  first,  nineteen  hundred  ninety-four  through  June  thirtieth,  two  thousand  eleven.  This  section  shall  supersede  all  inconsistent provisions of this chapter.    2. Harness racing associations or corporations subject  to  a  written  agreement   with  such  association's  or  corporation's  representative  horsemen's association  and  off-track  betting  facilities  are  hereby  authorized  to  accept  wagers  and  display  the signal of out-of-state  harness tracks provided that:    a. the payments to the out-of-state track  for  accepting  wagers  and  displaying  the  live  simulcast signals of these races shall not exceed  two percent of total handle for facilities licensed in  accordance  with  section  one  thousand  eight  and one thousand nine of this chapter and  three  percent  of  total  handle  for  those  facilities  licensed   in  accordance with section one thousand seven of this chapter.    b.  all off-track betting branches are permitted to accept such wagers  and that all simulcast facilities licensed in accordance  with  sections  one  thousand  eight and one thousand nine of this article are permitted  to display the live simulcast signal under the same terms and conditions  as facilities licensed in accordance with section one thousand seven  of  this article;    c. on any day on which a harness track is conducting a racing program,  it shall offer its signal to all off-track betting facilities authorized  to  receive  such  signals  under terms and conditions no less favorable  than  those  in  effect  on   March   thirty-first,   nineteen   hundred  ninety-three;  and  that  in  addition  to any out-of-state simulcasting  program, the track shall accept wagers and display the  signal  from  at  least one in-state harness track;    d.  on  any  day  on which a harness association or corporation is not  conducting a racing program, it shall accept the signal from  not  fewer  than  two  in-state  harness  tracks  conducting  a  program except this  requirement may be waived by the written consent of those harness tracks  conducting the race meeting;    e. every  off-track  betting  branch  office  and  simulcast  facility  licensed in accordance with sections one thousand eight and one thousand  nine  of  this  article, as a condition to accepting out-of-state wagers  and displaying the live simulcast signal of  such  races,  shall  accept  wagers and display the simulcast signal of its regional harness track at  all  locations  at  which out-of-state wagers are accepted or the signal  displayed. If the regional  harness  track  is  not  conducting  a  race  meeting  but  another  harness  association in the state is conducting a  meeting, the off-track betting facilities as a  condition  of  accepting  out-of-state  wagers  shall accept wagers and display the signal from at  least one in-state harness track;    f. No off-track betting facility shall accept wagers  or  display  the  simulcast signal from an out-of-state harness track without an agreement  with  the  regional  track,  provided,  however,  that off-track betting  facilities  shall  have  the  right  to  display  any  simulcast  signal  displayed  by  a regional harness track and any such agreement shall not  unreasonably be withheld.    3. Any facility authorized to accept  wagers  on  out-of-state  tracks  shall  distribute  all  sums  deposited  in  any pari-mutuel pool to the  holders of any tickets therein provided such tickets are  presented  for  payment  prior  to  April  first of the year following the year of their  purchase less nineteen per centum of total deposits in  pools  resulting  from regular bets, less twenty-one per centum of total deposits of poolsresulting  from  multiple  bets,  less  twenty-seven per centum of total  deposits of pools resulting from exotic bets, less thirty-six per centum  of total deposits of pools resulting from super  exotic  bets  plus  the  breaks  as  defined  in  section  three hundred eighteen of this chapter  except that the retention rates and breaks shall  be  as  prescribed  by  another  state  or country if such wagers are combined with those in the  other state or country pursuant to section nine  hundred  five  of  this  chapter.    a.  Distribution  of  retained  commissions  for  all licensed harness  tracks shall be in accordance with article three of this chapter.    b. For off-track betting facilities, (1) of the sums so retained,  the  applicable tax rate shall be one percent of all such wagers;    (2) of the sum so retained, one percent of all wagers shall be paid to  the New York state agricultural and horse breeding and development fund;    (3) of the sum so retained, five percent shall be paid to the regional  licensed  harness  track  to be distributed in the same manner as though  such payments were on races conducted at such track;    (4) of the sum so retained, an additional one percent  of  all  wagers  shall  be paid to the regional licensed harness track for the purpose of  increasing purses.    c. In those regions in which there is more than one regional  licensed  harness  track, the payments required under subparagraphs three and four  of paragraph b of this subdivision shall be made to the  regional  track  conducting a meet on the day out-of-state simulcasting occurs. If either  no  track  is  conducting a meet, or more than one track is conducting a  meet, the distribution shall be made in the proportion that each track's  handle bore to the total regional licensed harness track  handle  during  the  preceding  calendar  month  or  in  accordance  with  a contractual  agreement  between  the  regional  tracks  and  the  off-track   betting  corporation.    d.  For wagers placed at an off-track betting facility in that portion  of the western  region  located  with  a  thoroughbred  special  betting  district,  but  not  included in a harness special betting district, one  and one-half per centum of such wagers  shall  be  paid  to  the  racing  association  located  in  such  district  provided  such  association is  neither accepting wagers nor simulcasting  out-of-state  harness  races.  Any payments required by this subdivision shall reduce payments required  to  be  made to the regional licensed harness track under the provisions  of subparagraph three of paragraph b of this subdivision.    e. Any thoroughbred racing corporation or harness  racing  association  or  corporation  or off-track betting 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 all  wagering pools.    4. The provisions of section five hundred thirty-two of  this  chapter  shall apply as follows:    a.  for  all  wagers  placed  at  facilities  licensed to receive such  out-of-state simulcasts in accordance with section one thousand eight of  this article, distribution  shall  first  be  made  in  accordance  with  subdivision  three-a,  and then fifty percent of the remaining amount in  accordance with paragraph a of subdivision three of section five hundred  thirty-two of this chapter and the other fifty percent shall be retained  by such operator for its general purpose.    b.  for  wagers  placed  at  off-track  betting  branch   offices   on  out-of-state  tracks  where  such  simulcasting  is  not  conducted,  in  accordance with section five hundred thirty-two of this chapter.    c. upon application  of  any  facility  licensed  in  accordance  with  sections  one  thousand seven and one thousand nine of this article, theboard shall authorize the imposition  of  a  sum  equal  to  the  amount  authorized  by  section  five  hundred  thirty-two of this chapter which  shall apply to wagers placed at such facility.  Such  sums  received  by  facilities licensed in accordance with section one thousand nine of this  article  shall  be  retained for the general purpose of the corporation.  Such sums received  by  such  facilities  licensed  in  accordance  with  section  one  thousand  seven  of  this  article shall be distributed as  follows:    (1) fifty percent shall be used  exclusively  for  purses  awarded  in  races conducted by such licensed facility; and    (2)  fifty percent shall be retained by such licensed facility for its  general purposes.    5. Nothing  in  this  section  shall  be  construed  to  prohibit  the  accepting  of  wagers  on races conducted at out-of-state tracks without  the display of the live simulcast signal if authorized under  any  other  provision of this chapter.

State Codes and Statutes

Statutes > New-york > Pml > Article-10 > 1015

§  1015.  Simulcasting of races run by out-of-state harness tracks. 1.  The provisions of this section shall govern the  simulcasting  of  races  conducted  at  harness tracks located in another state or country during  the  period  July  first,  nineteen  hundred  ninety-four  through  June  thirtieth,  two  thousand  eleven.  This  section  shall  supersede  all  inconsistent provisions of this chapter.    2. Harness racing associations or corporations subject  to  a  written  agreement   with  such  association's  or  corporation's  representative  horsemen's association  and  off-track  betting  facilities  are  hereby  authorized  to  accept  wagers  and  display  the signal of out-of-state  harness tracks provided that:    a. the payments to the out-of-state track  for  accepting  wagers  and  displaying  the  live  simulcast signals of these races shall not exceed  two percent of total handle for facilities licensed in  accordance  with  section  one  thousand  eight  and one thousand nine of this chapter and  three  percent  of  total  handle  for  those  facilities  licensed   in  accordance with section one thousand seven of this chapter.    b.  all off-track betting branches are permitted to accept such wagers  and that all simulcast facilities licensed in accordance  with  sections  one  thousand  eight and one thousand nine of this article are permitted  to display the live simulcast signal under the same terms and conditions  as facilities licensed in accordance with section one thousand seven  of  this article;    c. on any day on which a harness track is conducting a racing program,  it shall offer its signal to all off-track betting facilities authorized  to  receive  such  signals  under terms and conditions no less favorable  than  those  in  effect  on   March   thirty-first,   nineteen   hundred  ninety-three;  and  that  in  addition  to any out-of-state simulcasting  program, the track shall accept wagers and display the  signal  from  at  least one in-state harness track;    d.  on  any  day  on which a harness association or corporation is not  conducting a racing program, it shall accept the signal from  not  fewer  than  two  in-state  harness  tracks  conducting  a  program except this  requirement may be waived by the written consent of those harness tracks  conducting the race meeting;    e. every  off-track  betting  branch  office  and  simulcast  facility  licensed in accordance with sections one thousand eight and one thousand  nine  of  this  article, as a condition to accepting out-of-state wagers  and displaying the live simulcast signal of  such  races,  shall  accept  wagers and display the simulcast signal of its regional harness track at  all  locations  at  which out-of-state wagers are accepted or the signal  displayed. If the regional  harness  track  is  not  conducting  a  race  meeting  but  another  harness  association in the state is conducting a  meeting, the off-track betting facilities as a  condition  of  accepting  out-of-state  wagers  shall accept wagers and display the signal from at  least one in-state harness track;    f. No off-track betting facility shall accept wagers  or  display  the  simulcast signal from an out-of-state harness track without an agreement  with  the  regional  track,  provided,  however,  that off-track betting  facilities  shall  have  the  right  to  display  any  simulcast  signal  displayed  by  a regional harness track and any such agreement shall not  unreasonably be withheld.    3. Any facility authorized to accept  wagers  on  out-of-state  tracks  shall  distribute  all  sums  deposited  in  any pari-mutuel pool to the  holders of any tickets therein provided such tickets are  presented  for  payment  prior  to  April  first of the year following the year of their  purchase less nineteen per centum of total deposits in  pools  resulting  from regular bets, less twenty-one per centum of total deposits of poolsresulting  from  multiple  bets,  less  twenty-seven per centum of total  deposits of pools resulting from exotic bets, less thirty-six per centum  of total deposits of pools resulting from super  exotic  bets  plus  the  breaks  as  defined  in  section  three hundred eighteen of this chapter  except that the retention rates and breaks shall  be  as  prescribed  by  another  state  or country if such wagers are combined with those in the  other state or country pursuant to section nine  hundred  five  of  this  chapter.    a.  Distribution  of  retained  commissions  for  all licensed harness  tracks shall be in accordance with article three of this chapter.    b. For off-track betting facilities, (1) of the sums so retained,  the  applicable tax rate shall be one percent of all such wagers;    (2) of the sum so retained, one percent of all wagers shall be paid to  the New York state agricultural and horse breeding and development fund;    (3) of the sum so retained, five percent shall be paid to the regional  licensed  harness  track  to be distributed in the same manner as though  such payments were on races conducted at such track;    (4) of the sum so retained, an additional one percent  of  all  wagers  shall  be paid to the regional licensed harness track for the purpose of  increasing purses.    c. In those regions in which there is more than one regional  licensed  harness  track, the payments required under subparagraphs three and four  of paragraph b of this subdivision shall be made to the  regional  track  conducting a meet on the day out-of-state simulcasting occurs. If either  no  track  is  conducting a meet, or more than one track is conducting a  meet, the distribution shall be made in the proportion that each track's  handle bore to the total regional licensed harness track  handle  during  the  preceding  calendar  month  or  in  accordance  with  a contractual  agreement  between  the  regional  tracks  and  the  off-track   betting  corporation.    d.  For wagers placed at an off-track betting facility in that portion  of the western  region  located  with  a  thoroughbred  special  betting  district,  but  not  included in a harness special betting district, one  and one-half per centum of such wagers  shall  be  paid  to  the  racing  association  located  in  such  district  provided  such  association is  neither accepting wagers nor simulcasting  out-of-state  harness  races.  Any payments required by this subdivision shall reduce payments required  to  be  made to the regional licensed harness track under the provisions  of subparagraph three of paragraph b of this subdivision.    e. Any thoroughbred racing corporation or harness  racing  association  or  corporation  or off-track betting 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 all  wagering pools.    4. The provisions of section five hundred thirty-two of  this  chapter  shall apply as follows:    a.  for  all  wagers  placed  at  facilities  licensed to receive such  out-of-state simulcasts in accordance with section one thousand eight of  this article, distribution  shall  first  be  made  in  accordance  with  subdivision  three-a,  and then fifty percent of the remaining amount in  accordance with paragraph a of subdivision three of section five hundred  thirty-two of this chapter and the other fifty percent shall be retained  by such operator for its general purpose.    b.  for  wagers  placed  at  off-track  betting  branch   offices   on  out-of-state  tracks  where  such  simulcasting  is  not  conducted,  in  accordance with section five hundred thirty-two of this chapter.    c. upon application  of  any  facility  licensed  in  accordance  with  sections  one  thousand seven and one thousand nine of this article, theboard shall authorize the imposition  of  a  sum  equal  to  the  amount  authorized  by  section  five  hundred  thirty-two of this chapter which  shall apply to wagers placed at such facility.  Such  sums  received  by  facilities licensed in accordance with section one thousand nine of this  article  shall  be  retained for the general purpose of the corporation.  Such sums received  by  such  facilities  licensed  in  accordance  with  section  one  thousand  seven  of  this  article shall be distributed as  follows:    (1) fifty percent shall be used  exclusively  for  purses  awarded  in  races conducted by such licensed facility; and    (2)  fifty percent shall be retained by such licensed facility for its  general purposes.    5. Nothing  in  this  section  shall  be  construed  to  prohibit  the  accepting  of  wagers  on races conducted at out-of-state tracks without  the display of the live simulcast signal if authorized under  any  other  provision of this chapter.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pml > Article-10 > 1015

§  1015.  Simulcasting of races run by out-of-state harness tracks. 1.  The provisions of this section shall govern the  simulcasting  of  races  conducted  at  harness tracks located in another state or country during  the  period  July  first,  nineteen  hundred  ninety-four  through  June  thirtieth,  two  thousand  eleven.  This  section  shall  supersede  all  inconsistent provisions of this chapter.    2. Harness racing associations or corporations subject  to  a  written  agreement   with  such  association's  or  corporation's  representative  horsemen's association  and  off-track  betting  facilities  are  hereby  authorized  to  accept  wagers  and  display  the signal of out-of-state  harness tracks provided that:    a. the payments to the out-of-state track  for  accepting  wagers  and  displaying  the  live  simulcast signals of these races shall not exceed  two percent of total handle for facilities licensed in  accordance  with  section  one  thousand  eight  and one thousand nine of this chapter and  three  percent  of  total  handle  for  those  facilities  licensed   in  accordance with section one thousand seven of this chapter.    b.  all off-track betting branches are permitted to accept such wagers  and that all simulcast facilities licensed in accordance  with  sections  one  thousand  eight and one thousand nine of this article are permitted  to display the live simulcast signal under the same terms and conditions  as facilities licensed in accordance with section one thousand seven  of  this article;    c. on any day on which a harness track is conducting a racing program,  it shall offer its signal to all off-track betting facilities authorized  to  receive  such  signals  under terms and conditions no less favorable  than  those  in  effect  on   March   thirty-first,   nineteen   hundred  ninety-three;  and  that  in  addition  to any out-of-state simulcasting  program, the track shall accept wagers and display the  signal  from  at  least one in-state harness track;    d.  on  any  day  on which a harness association or corporation is not  conducting a racing program, it shall accept the signal from  not  fewer  than  two  in-state  harness  tracks  conducting  a  program except this  requirement may be waived by the written consent of those harness tracks  conducting the race meeting;    e. every  off-track  betting  branch  office  and  simulcast  facility  licensed in accordance with sections one thousand eight and one thousand  nine  of  this  article, as a condition to accepting out-of-state wagers  and displaying the live simulcast signal of  such  races,  shall  accept  wagers and display the simulcast signal of its regional harness track at  all  locations  at  which out-of-state wagers are accepted or the signal  displayed. If the regional  harness  track  is  not  conducting  a  race  meeting  but  another  harness  association in the state is conducting a  meeting, the off-track betting facilities as a  condition  of  accepting  out-of-state  wagers  shall accept wagers and display the signal from at  least one in-state harness track;    f. No off-track betting facility shall accept wagers  or  display  the  simulcast signal from an out-of-state harness track without an agreement  with  the  regional  track,  provided,  however,  that off-track betting  facilities  shall  have  the  right  to  display  any  simulcast  signal  displayed  by  a regional harness track and any such agreement shall not  unreasonably be withheld.    3. Any facility authorized to accept  wagers  on  out-of-state  tracks  shall  distribute  all  sums  deposited  in  any pari-mutuel pool to the  holders of any tickets therein provided such tickets are  presented  for  payment  prior  to  April  first of the year following the year of their  purchase less nineteen per centum of total deposits in  pools  resulting  from regular bets, less twenty-one per centum of total deposits of poolsresulting  from  multiple  bets,  less  twenty-seven per centum of total  deposits of pools resulting from exotic bets, less thirty-six per centum  of total deposits of pools resulting from super  exotic  bets  plus  the  breaks  as  defined  in  section  three hundred eighteen of this chapter  except that the retention rates and breaks shall  be  as  prescribed  by  another  state  or country if such wagers are combined with those in the  other state or country pursuant to section nine  hundred  five  of  this  chapter.    a.  Distribution  of  retained  commissions  for  all licensed harness  tracks shall be in accordance with article three of this chapter.    b. For off-track betting facilities, (1) of the sums so retained,  the  applicable tax rate shall be one percent of all such wagers;    (2) of the sum so retained, one percent of all wagers shall be paid to  the New York state agricultural and horse breeding and development fund;    (3) of the sum so retained, five percent shall be paid to the regional  licensed  harness  track  to be distributed in the same manner as though  such payments were on races conducted at such track;    (4) of the sum so retained, an additional one percent  of  all  wagers  shall  be paid to the regional licensed harness track for the purpose of  increasing purses.    c. In those regions in which there is more than one regional  licensed  harness  track, the payments required under subparagraphs three and four  of paragraph b of this subdivision shall be made to the  regional  track  conducting a meet on the day out-of-state simulcasting occurs. If either  no  track  is  conducting a meet, or more than one track is conducting a  meet, the distribution shall be made in the proportion that each track's  handle bore to the total regional licensed harness track  handle  during  the  preceding  calendar  month  or  in  accordance  with  a contractual  agreement  between  the  regional  tracks  and  the  off-track   betting  corporation.    d.  For wagers placed at an off-track betting facility in that portion  of the western  region  located  with  a  thoroughbred  special  betting  district,  but  not  included in a harness special betting district, one  and one-half per centum of such wagers  shall  be  paid  to  the  racing  association  located  in  such  district  provided  such  association is  neither accepting wagers nor simulcasting  out-of-state  harness  races.  Any payments required by this subdivision shall reduce payments required  to  be  made to the regional licensed harness track under the provisions  of subparagraph three of paragraph b of this subdivision.    e. Any thoroughbred racing corporation or harness  racing  association  or  corporation  or off-track betting 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 all  wagering pools.    4. The provisions of section five hundred thirty-two of  this  chapter  shall apply as follows:    a.  for  all  wagers  placed  at  facilities  licensed to receive such  out-of-state simulcasts in accordance with section one thousand eight of  this article, distribution  shall  first  be  made  in  accordance  with  subdivision  three-a,  and then fifty percent of the remaining amount in  accordance with paragraph a of subdivision three of section five hundred  thirty-two of this chapter and the other fifty percent shall be retained  by such operator for its general purpose.    b.  for  wagers  placed  at  off-track  betting  branch   offices   on  out-of-state  tracks  where  such  simulcasting  is  not  conducted,  in  accordance with section five hundred thirty-two of this chapter.    c. upon application  of  any  facility  licensed  in  accordance  with  sections  one  thousand seven and one thousand nine of this article, theboard shall authorize the imposition  of  a  sum  equal  to  the  amount  authorized  by  section  five  hundred  thirty-two of this chapter which  shall apply to wagers placed at such facility.  Such  sums  received  by  facilities licensed in accordance with section one thousand nine of this  article  shall  be  retained for the general purpose of the corporation.  Such sums received  by  such  facilities  licensed  in  accordance  with  section  one  thousand  seven  of  this  article shall be distributed as  follows:    (1) fifty percent shall be used  exclusively  for  purses  awarded  in  races conducted by such licensed facility; and    (2)  fifty percent shall be retained by such licensed facility for its  general purposes.    5. Nothing  in  this  section  shall  be  construed  to  prohibit  the  accepting  of  wagers  on races conducted at out-of-state tracks without  the display of the live simulcast signal if authorized under  any  other  provision of this chapter.