State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-29 > 59-1-392

§ 59.1-392. Percentage retained; tax.

A. Any person holding an operator's license to operate a horse racetrack orsatellite facility in the Commonwealth pursuant to this chapter shall beauthorized to conduct pari-mutuel wagering on horse racing subject to theprovisions of this chapter and the conditions and regulations of theCommission.

B. On pari-mutuel pools generated by wagering at the racetrack on live horseracing conducted within the Commonwealth, involving win, place and showwagering, the licensee shall retain an amount not to exceed eighteen percentof such pool and the legitimate breakage, out of which shall be paid one andone-quarter percent to be distributed as follows: one percent to theCommonwealth as a license tax, and one-quarter percent to the locality inwhich the racetrack is located. The remainder of the eighteen percentretainage shall be paid as provided in subsection D.

C. On pari-mutuel pools generated by wagering at each Virginia satellitefacility on live horse racing conducted within the Commonwealth, involvingwin, place and show wagering, the licensee shall retain an amount not toexceed eighteen percent of such pool and the legitimate breakage, out ofwhich shall be paid one and one-quarter percent to be distributed as follows:three-quarters percent to the Commonwealth as a license tax, one-quarterpercent to the locality in which the satellite facility is located, andone-quarter percent to the locality in which the racetrack is located. Theremainder of the eighteen percent retainage shall be paid as provided insubsection D.

D. On pari-mutuel pools generated by wagering at the racetrack and eachVirginia satellite facility on live horse racing conducted within theCommonwealth, involving win, place and show wagering, the licensee shallretain an amount not to exceed eighteen percent of such pool and thelegitimate breakage, out of which shall be paid:

1. Eight percent as purses or prizes to the participants in such race meeting;

2. Seven and one-half percent, and all of the breakage and the proceeds ofpari-mutuel tickets unredeemed 180 days from the date on which the race wasconducted, to the operator;

3. One percent to the Virginia Breeders Fund;

4. Fifteen one-hundredths percent to the Virginia-Maryland Regional Collegeof Veterinary Medicine;

5. Five one-hundredths percent to the Virginia Horse Center Foundation;

6. Five one-hundredths percent to the Virginia Horse Industry Board; and

7. The remainder of the eighteen percent retainage shall be paid asappropriate under subsection B or C.

E. On pari-mutuel pools generated by wagering at the racetrack on live horseracing conducted within the Commonwealth involving wagering other than win,place and show wagering, the licensee shall retain an amount not to exceedtwenty-two percent of such pool and the legitimate breakage, out of whichshall be paid two and three-quarters percent to be distributed as follows:two and one-quarter percent to the Commonwealth as a license tax, andone-half percent to the locality in which the racetrack is located. Theremainder of the twenty-two percent retainage shall be paid as provided insubsection G.

F. On pari-mutuel pools generated by wagering at each Virginia satellitefacility on live horse racing conducted within the Commonwealth involvingwagering other than win, place and show wagering, the licensee shall retainan amount not to exceed twenty-two percent of such pool and the legitimatebreakage, out of which shall be paid two and three-quarters percent to bedistributed as follows: one and three-quarters percent to the Commonwealth asa license tax, one-half percent to the locality in which the satellitefacility is located, and one-half percent to the locality in which theracetrack is located. The remainder of the twenty-two percent retainage shallbe paid as provided in subsection G.

G. On pari-mutuel pools generated by wagering at the racetrack and eachVirginia satellite facility on live horse racing conducted within theCommonwealth involving wagering other than win, place and show wagering, thelicensee shall retain an amount not to exceed twenty-two percent of such pooland the legitimate breakage, out of which shall be paid:

1. Nine percent as purses or prizes to the participants in such race meeting;

2. Nine percent, and the proceeds of the pari-mutuel tickets unredeemed 180days from the date on which the race was conducted, to the operator;

3. One percent to the Virginia Breeders Fund;

4. Fifteen one-hundredths percent to the Virginia-Maryland Regional Collegeof Veterinary Medicine;

5. Five one-hundredths percent to the Virginia Horse Center Foundation;

6. Five one-hundredths percent to the Virginia Horse Industry Board; and

7. The remainder of the twenty-two percent retainage shall be paid asappropriate under subsection E or F.

H. On pari-mutuel wagering generated by simulcast horse racing transmittedfrom jurisdictions outside the Commonwealth, the licensee may, with theapproval of the Commission, commingle pools with the racetrack where thetransmission emanates or establish separate pools for wagering within theCommonwealth. All simulcast horse racing in this subsection must comply withthe Interstate Horse Racing Act of 1978 (15 U.S.C. § 3001 et seq.).

I. On pari-mutuel pools generated by wagering at the racetrack on simulcasthorse racing transmitted from jurisdictions outside the Commonwealth,involving win, place and show wagering, the licensee shall retain one andone-quarter percent of such pool to be distributed as follows: three-quarterspercent to the Commonwealth as a license tax, and one-half percent to theVirginia locality in which the racetrack is located.

J. On pari-mutuel pools generated by wagering at each Virginia satellitefacility on simulcast horse racing transmitted from jurisdictions outside theCommonwealth, involving win, place and show wagering, the licensee shallretain one and one-quarter percent of such pool to be distributed as follows:three-quarters percent to the Commonwealth as a license tax, one-quarterpercent to the locality in which the satellite facility is located, andone-quarter percent to the Virginia locality in which the racetrack islocated.

K. On pari-mutuel pools generated by wagering at the racetrack and eachVirginia satellite facility on simulcast horse racing transmitted fromjurisdictions outside the Commonwealth, involving win, place and showwagering, the licensee shall retain one and one-quarter percent of such poolto be distributed as follows:

1. One percent of the pool to the Virginia Breeders Fund;

2. Fifteen one-hundredths percent to the Virginia-Maryland Regional Collegeof Veterinary Medicine;

3. Five one-hundredths percent to the Virginia Horse Center Foundation; and

4. Five one-hundredths percent to the Virginia Horse Industry Board.

L. On pari-mutuel pools generated by wagering at the racetrack on simulcasthorse racing transmitted from jurisdictions outside the Commonwealth,involving wagering other than win, place and show wagering, the licenseeshall retain two and three-quarters percent of such pool to be distributed asfollows: one and three-quarters percent to the Commonwealth as a license tax,and one percent to the Virginia locality in which the racetrack is located.

M. On pari-mutuel pools generated by wagering at each Virginia satellitefacility on simulcast horse racing transmitted from jurisdictions outside theCommonwealth, involving wagering other than win, place and show wagering, thelicensee shall retain two and three-quarters percent of such pool to bedistributed as follows: one and three-quarters percent to the Commonwealth asa license tax, one-half percent to the locality in which the satellitefacility is located, and one-half percent to the Virginia locality in whichthe racetrack is located.

N. On pari-mutuel pools generated by wagering at the racetrack and eachVirginia satellite facility on simulcast horse racing transmitted fromjurisdictions outside the Commonwealth, involving wagering other than win,place and show wagering, the licensee shall retain one and one-quarterpercent of such pool to be distributed as follows:

1. One percent of the pool to the Virginia Breeders Fund;

2. Fifteen one-hundredths percent to the Virginia-Maryland Regional Collegeof Veterinary Medicine;

3. Five one-hundredths percent to the Virginia Horse Center Foundation; and

4. Five one-hundredths percent to the Virginia Horse Industry Board.

O. Moneys payable to the Commonwealth shall be deposited in the general fund.Gross receipts for license tax purposes under Chapter 37 (§ 58.1-3700 etseq.) of Title 58.1 shall not include pari-mutuel wagering pools and licensetaxes authorized by this section.

P. All payments by the licensee to the Commonwealth or any locality shall bemade within five days from the date on which such wagers are received by thelicensee. All payments by the licensee to the Virginia Breeders Fund shall bemade to the Commission within five days from the date on which such wagersare received by the licensee. All payments by the licensee to theVirginia-Maryland Regional College of Veterinary Medicine, the Virginia HorseCenter Foundation, and the Virginia Horse Industry Board shall be made by thefirst day of each quarter of the calendar year. All payments made under thissection shall be used in support of the policy of the Commonwealth to sustainand promote the growth of a native industry.

Q. If a satellite facility is located in more than one locality, any amount alicensee is required to pay under this section to the locality in which thesatellite facility is located shall be prorated in equal shares among thoselocalities.

R. Any contractual agreement between a licensee and other entities concerningthe distribution of the remaining portion of the retainage under subsectionsI through N shall be subject to the approval of the Commission.

S. The horsemen's organizations representing a majority of the horsemenracing at a licensed unlimited race meeting may, subject to the approval ofthe Commission, withdraw for administrative costs associated with serving theinterests of the horsemen an amount not to exceed two percent of the amountin the horsemen's account.

T. The legitimate breakage from each pari-mutuel pool for both live racingand simulcast horse racing shall be distributed as follows:

1. Seventy percent to be retained by the licensee to be used for capitalimprovements that are subject to approval of the Commission; and

2. Thirty percent to be deposited in the Racing Benevolence Fund,administered jointly by the licensee and the horsemen's organizationrepresenting a majority of the horsemen racing at a licensed unlimited racemeeting, to be disbursed with the approval of the Commission for gamblingaddiction and substance abuse counseling, recreational, educational or otherrelated programs.

(1988, c. 855; 1991, c. 591; 1992, c. 820; 1995, c. 217; 1998, cc. 608, 619;2000, c. 1031; 2007, c. 61.)

State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-29 > 59-1-392

§ 59.1-392. Percentage retained; tax.

A. Any person holding an operator's license to operate a horse racetrack orsatellite facility in the Commonwealth pursuant to this chapter shall beauthorized to conduct pari-mutuel wagering on horse racing subject to theprovisions of this chapter and the conditions and regulations of theCommission.

B. On pari-mutuel pools generated by wagering at the racetrack on live horseracing conducted within the Commonwealth, involving win, place and showwagering, the licensee shall retain an amount not to exceed eighteen percentof such pool and the legitimate breakage, out of which shall be paid one andone-quarter percent to be distributed as follows: one percent to theCommonwealth as a license tax, and one-quarter percent to the locality inwhich the racetrack is located. The remainder of the eighteen percentretainage shall be paid as provided in subsection D.

C. On pari-mutuel pools generated by wagering at each Virginia satellitefacility on live horse racing conducted within the Commonwealth, involvingwin, place and show wagering, the licensee shall retain an amount not toexceed eighteen percent of such pool and the legitimate breakage, out ofwhich shall be paid one and one-quarter percent to be distributed as follows:three-quarters percent to the Commonwealth as a license tax, one-quarterpercent to the locality in which the satellite facility is located, andone-quarter percent to the locality in which the racetrack is located. Theremainder of the eighteen percent retainage shall be paid as provided insubsection D.

D. On pari-mutuel pools generated by wagering at the racetrack and eachVirginia satellite facility on live horse racing conducted within theCommonwealth, involving win, place and show wagering, the licensee shallretain an amount not to exceed eighteen percent of such pool and thelegitimate breakage, out of which shall be paid:

1. Eight percent as purses or prizes to the participants in such race meeting;

2. Seven and one-half percent, and all of the breakage and the proceeds ofpari-mutuel tickets unredeemed 180 days from the date on which the race wasconducted, to the operator;

3. One percent to the Virginia Breeders Fund;

4. Fifteen one-hundredths percent to the Virginia-Maryland Regional Collegeof Veterinary Medicine;

5. Five one-hundredths percent to the Virginia Horse Center Foundation;

6. Five one-hundredths percent to the Virginia Horse Industry Board; and

7. The remainder of the eighteen percent retainage shall be paid asappropriate under subsection B or C.

E. On pari-mutuel pools generated by wagering at the racetrack on live horseracing conducted within the Commonwealth involving wagering other than win,place and show wagering, the licensee shall retain an amount not to exceedtwenty-two percent of such pool and the legitimate breakage, out of whichshall be paid two and three-quarters percent to be distributed as follows:two and one-quarter percent to the Commonwealth as a license tax, andone-half percent to the locality in which the racetrack is located. Theremainder of the twenty-two percent retainage shall be paid as provided insubsection G.

F. On pari-mutuel pools generated by wagering at each Virginia satellitefacility on live horse racing conducted within the Commonwealth involvingwagering other than win, place and show wagering, the licensee shall retainan amount not to exceed twenty-two percent of such pool and the legitimatebreakage, out of which shall be paid two and three-quarters percent to bedistributed as follows: one and three-quarters percent to the Commonwealth asa license tax, one-half percent to the locality in which the satellitefacility is located, and one-half percent to the locality in which theracetrack is located. The remainder of the twenty-two percent retainage shallbe paid as provided in subsection G.

G. On pari-mutuel pools generated by wagering at the racetrack and eachVirginia satellite facility on live horse racing conducted within theCommonwealth involving wagering other than win, place and show wagering, thelicensee shall retain an amount not to exceed twenty-two percent of such pooland the legitimate breakage, out of which shall be paid:

1. Nine percent as purses or prizes to the participants in such race meeting;

2. Nine percent, and the proceeds of the pari-mutuel tickets unredeemed 180days from the date on which the race was conducted, to the operator;

3. One percent to the Virginia Breeders Fund;

4. Fifteen one-hundredths percent to the Virginia-Maryland Regional Collegeof Veterinary Medicine;

5. Five one-hundredths percent to the Virginia Horse Center Foundation;

6. Five one-hundredths percent to the Virginia Horse Industry Board; and

7. The remainder of the twenty-two percent retainage shall be paid asappropriate under subsection E or F.

H. On pari-mutuel wagering generated by simulcast horse racing transmittedfrom jurisdictions outside the Commonwealth, the licensee may, with theapproval of the Commission, commingle pools with the racetrack where thetransmission emanates or establish separate pools for wagering within theCommonwealth. All simulcast horse racing in this subsection must comply withthe Interstate Horse Racing Act of 1978 (15 U.S.C. § 3001 et seq.).

I. On pari-mutuel pools generated by wagering at the racetrack on simulcasthorse racing transmitted from jurisdictions outside the Commonwealth,involving win, place and show wagering, the licensee shall retain one andone-quarter percent of such pool to be distributed as follows: three-quarterspercent to the Commonwealth as a license tax, and one-half percent to theVirginia locality in which the racetrack is located.

J. On pari-mutuel pools generated by wagering at each Virginia satellitefacility on simulcast horse racing transmitted from jurisdictions outside theCommonwealth, involving win, place and show wagering, the licensee shallretain one and one-quarter percent of such pool to be distributed as follows:three-quarters percent to the Commonwealth as a license tax, one-quarterpercent to the locality in which the satellite facility is located, andone-quarter percent to the Virginia locality in which the racetrack islocated.

K. On pari-mutuel pools generated by wagering at the racetrack and eachVirginia satellite facility on simulcast horse racing transmitted fromjurisdictions outside the Commonwealth, involving win, place and showwagering, the licensee shall retain one and one-quarter percent of such poolto be distributed as follows:

1. One percent of the pool to the Virginia Breeders Fund;

2. Fifteen one-hundredths percent to the Virginia-Maryland Regional Collegeof Veterinary Medicine;

3. Five one-hundredths percent to the Virginia Horse Center Foundation; and

4. Five one-hundredths percent to the Virginia Horse Industry Board.

L. On pari-mutuel pools generated by wagering at the racetrack on simulcasthorse racing transmitted from jurisdictions outside the Commonwealth,involving wagering other than win, place and show wagering, the licenseeshall retain two and three-quarters percent of such pool to be distributed asfollows: one and three-quarters percent to the Commonwealth as a license tax,and one percent to the Virginia locality in which the racetrack is located.

M. On pari-mutuel pools generated by wagering at each Virginia satellitefacility on simulcast horse racing transmitted from jurisdictions outside theCommonwealth, involving wagering other than win, place and show wagering, thelicensee shall retain two and three-quarters percent of such pool to bedistributed as follows: one and three-quarters percent to the Commonwealth asa license tax, one-half percent to the locality in which the satellitefacility is located, and one-half percent to the Virginia locality in whichthe racetrack is located.

N. On pari-mutuel pools generated by wagering at the racetrack and eachVirginia satellite facility on simulcast horse racing transmitted fromjurisdictions outside the Commonwealth, involving wagering other than win,place and show wagering, the licensee shall retain one and one-quarterpercent of such pool to be distributed as follows:

1. One percent of the pool to the Virginia Breeders Fund;

2. Fifteen one-hundredths percent to the Virginia-Maryland Regional Collegeof Veterinary Medicine;

3. Five one-hundredths percent to the Virginia Horse Center Foundation; and

4. Five one-hundredths percent to the Virginia Horse Industry Board.

O. Moneys payable to the Commonwealth shall be deposited in the general fund.Gross receipts for license tax purposes under Chapter 37 (§ 58.1-3700 etseq.) of Title 58.1 shall not include pari-mutuel wagering pools and licensetaxes authorized by this section.

P. All payments by the licensee to the Commonwealth or any locality shall bemade within five days from the date on which such wagers are received by thelicensee. All payments by the licensee to the Virginia Breeders Fund shall bemade to the Commission within five days from the date on which such wagersare received by the licensee. All payments by the licensee to theVirginia-Maryland Regional College of Veterinary Medicine, the Virginia HorseCenter Foundation, and the Virginia Horse Industry Board shall be made by thefirst day of each quarter of the calendar year. All payments made under thissection shall be used in support of the policy of the Commonwealth to sustainand promote the growth of a native industry.

Q. If a satellite facility is located in more than one locality, any amount alicensee is required to pay under this section to the locality in which thesatellite facility is located shall be prorated in equal shares among thoselocalities.

R. Any contractual agreement between a licensee and other entities concerningthe distribution of the remaining portion of the retainage under subsectionsI through N shall be subject to the approval of the Commission.

S. The horsemen's organizations representing a majority of the horsemenracing at a licensed unlimited race meeting may, subject to the approval ofthe Commission, withdraw for administrative costs associated with serving theinterests of the horsemen an amount not to exceed two percent of the amountin the horsemen's account.

T. The legitimate breakage from each pari-mutuel pool for both live racingand simulcast horse racing shall be distributed as follows:

1. Seventy percent to be retained by the licensee to be used for capitalimprovements that are subject to approval of the Commission; and

2. Thirty percent to be deposited in the Racing Benevolence Fund,administered jointly by the licensee and the horsemen's organizationrepresenting a majority of the horsemen racing at a licensed unlimited racemeeting, to be disbursed with the approval of the Commission for gamblingaddiction and substance abuse counseling, recreational, educational or otherrelated programs.

(1988, c. 855; 1991, c. 591; 1992, c. 820; 1995, c. 217; 1998, cc. 608, 619;2000, c. 1031; 2007, c. 61.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-29 > 59-1-392

§ 59.1-392. Percentage retained; tax.

A. Any person holding an operator's license to operate a horse racetrack orsatellite facility in the Commonwealth pursuant to this chapter shall beauthorized to conduct pari-mutuel wagering on horse racing subject to theprovisions of this chapter and the conditions and regulations of theCommission.

B. On pari-mutuel pools generated by wagering at the racetrack on live horseracing conducted within the Commonwealth, involving win, place and showwagering, the licensee shall retain an amount not to exceed eighteen percentof such pool and the legitimate breakage, out of which shall be paid one andone-quarter percent to be distributed as follows: one percent to theCommonwealth as a license tax, and one-quarter percent to the locality inwhich the racetrack is located. The remainder of the eighteen percentretainage shall be paid as provided in subsection D.

C. On pari-mutuel pools generated by wagering at each Virginia satellitefacility on live horse racing conducted within the Commonwealth, involvingwin, place and show wagering, the licensee shall retain an amount not toexceed eighteen percent of such pool and the legitimate breakage, out ofwhich shall be paid one and one-quarter percent to be distributed as follows:three-quarters percent to the Commonwealth as a license tax, one-quarterpercent to the locality in which the satellite facility is located, andone-quarter percent to the locality in which the racetrack is located. Theremainder of the eighteen percent retainage shall be paid as provided insubsection D.

D. On pari-mutuel pools generated by wagering at the racetrack and eachVirginia satellite facility on live horse racing conducted within theCommonwealth, involving win, place and show wagering, the licensee shallretain an amount not to exceed eighteen percent of such pool and thelegitimate breakage, out of which shall be paid:

1. Eight percent as purses or prizes to the participants in such race meeting;

2. Seven and one-half percent, and all of the breakage and the proceeds ofpari-mutuel tickets unredeemed 180 days from the date on which the race wasconducted, to the operator;

3. One percent to the Virginia Breeders Fund;

4. Fifteen one-hundredths percent to the Virginia-Maryland Regional Collegeof Veterinary Medicine;

5. Five one-hundredths percent to the Virginia Horse Center Foundation;

6. Five one-hundredths percent to the Virginia Horse Industry Board; and

7. The remainder of the eighteen percent retainage shall be paid asappropriate under subsection B or C.

E. On pari-mutuel pools generated by wagering at the racetrack on live horseracing conducted within the Commonwealth involving wagering other than win,place and show wagering, the licensee shall retain an amount not to exceedtwenty-two percent of such pool and the legitimate breakage, out of whichshall be paid two and three-quarters percent to be distributed as follows:two and one-quarter percent to the Commonwealth as a license tax, andone-half percent to the locality in which the racetrack is located. Theremainder of the twenty-two percent retainage shall be paid as provided insubsection G.

F. On pari-mutuel pools generated by wagering at each Virginia satellitefacility on live horse racing conducted within the Commonwealth involvingwagering other than win, place and show wagering, the licensee shall retainan amount not to exceed twenty-two percent of such pool and the legitimatebreakage, out of which shall be paid two and three-quarters percent to bedistributed as follows: one and three-quarters percent to the Commonwealth asa license tax, one-half percent to the locality in which the satellitefacility is located, and one-half percent to the locality in which theracetrack is located. The remainder of the twenty-two percent retainage shallbe paid as provided in subsection G.

G. On pari-mutuel pools generated by wagering at the racetrack and eachVirginia satellite facility on live horse racing conducted within theCommonwealth involving wagering other than win, place and show wagering, thelicensee shall retain an amount not to exceed twenty-two percent of such pooland the legitimate breakage, out of which shall be paid:

1. Nine percent as purses or prizes to the participants in such race meeting;

2. Nine percent, and the proceeds of the pari-mutuel tickets unredeemed 180days from the date on which the race was conducted, to the operator;

3. One percent to the Virginia Breeders Fund;

4. Fifteen one-hundredths percent to the Virginia-Maryland Regional Collegeof Veterinary Medicine;

5. Five one-hundredths percent to the Virginia Horse Center Foundation;

6. Five one-hundredths percent to the Virginia Horse Industry Board; and

7. The remainder of the twenty-two percent retainage shall be paid asappropriate under subsection E or F.

H. On pari-mutuel wagering generated by simulcast horse racing transmittedfrom jurisdictions outside the Commonwealth, the licensee may, with theapproval of the Commission, commingle pools with the racetrack where thetransmission emanates or establish separate pools for wagering within theCommonwealth. All simulcast horse racing in this subsection must comply withthe Interstate Horse Racing Act of 1978 (15 U.S.C. § 3001 et seq.).

I. On pari-mutuel pools generated by wagering at the racetrack on simulcasthorse racing transmitted from jurisdictions outside the Commonwealth,involving win, place and show wagering, the licensee shall retain one andone-quarter percent of such pool to be distributed as follows: three-quarterspercent to the Commonwealth as a license tax, and one-half percent to theVirginia locality in which the racetrack is located.

J. On pari-mutuel pools generated by wagering at each Virginia satellitefacility on simulcast horse racing transmitted from jurisdictions outside theCommonwealth, involving win, place and show wagering, the licensee shallretain one and one-quarter percent of such pool to be distributed as follows:three-quarters percent to the Commonwealth as a license tax, one-quarterpercent to the locality in which the satellite facility is located, andone-quarter percent to the Virginia locality in which the racetrack islocated.

K. On pari-mutuel pools generated by wagering at the racetrack and eachVirginia satellite facility on simulcast horse racing transmitted fromjurisdictions outside the Commonwealth, involving win, place and showwagering, the licensee shall retain one and one-quarter percent of such poolto be distributed as follows:

1. One percent of the pool to the Virginia Breeders Fund;

2. Fifteen one-hundredths percent to the Virginia-Maryland Regional Collegeof Veterinary Medicine;

3. Five one-hundredths percent to the Virginia Horse Center Foundation; and

4. Five one-hundredths percent to the Virginia Horse Industry Board.

L. On pari-mutuel pools generated by wagering at the racetrack on simulcasthorse racing transmitted from jurisdictions outside the Commonwealth,involving wagering other than win, place and show wagering, the licenseeshall retain two and three-quarters percent of such pool to be distributed asfollows: one and three-quarters percent to the Commonwealth as a license tax,and one percent to the Virginia locality in which the racetrack is located.

M. On pari-mutuel pools generated by wagering at each Virginia satellitefacility on simulcast horse racing transmitted from jurisdictions outside theCommonwealth, involving wagering other than win, place and show wagering, thelicensee shall retain two and three-quarters percent of such pool to bedistributed as follows: one and three-quarters percent to the Commonwealth asa license tax, one-half percent to the locality in which the satellitefacility is located, and one-half percent to the Virginia locality in whichthe racetrack is located.

N. On pari-mutuel pools generated by wagering at the racetrack and eachVirginia satellite facility on simulcast horse racing transmitted fromjurisdictions outside the Commonwealth, involving wagering other than win,place and show wagering, the licensee shall retain one and one-quarterpercent of such pool to be distributed as follows:

1. One percent of the pool to the Virginia Breeders Fund;

2. Fifteen one-hundredths percent to the Virginia-Maryland Regional Collegeof Veterinary Medicine;

3. Five one-hundredths percent to the Virginia Horse Center Foundation; and

4. Five one-hundredths percent to the Virginia Horse Industry Board.

O. Moneys payable to the Commonwealth shall be deposited in the general fund.Gross receipts for license tax purposes under Chapter 37 (§ 58.1-3700 etseq.) of Title 58.1 shall not include pari-mutuel wagering pools and licensetaxes authorized by this section.

P. All payments by the licensee to the Commonwealth or any locality shall bemade within five days from the date on which such wagers are received by thelicensee. All payments by the licensee to the Virginia Breeders Fund shall bemade to the Commission within five days from the date on which such wagersare received by the licensee. All payments by the licensee to theVirginia-Maryland Regional College of Veterinary Medicine, the Virginia HorseCenter Foundation, and the Virginia Horse Industry Board shall be made by thefirst day of each quarter of the calendar year. All payments made under thissection shall be used in support of the policy of the Commonwealth to sustainand promote the growth of a native industry.

Q. If a satellite facility is located in more than one locality, any amount alicensee is required to pay under this section to the locality in which thesatellite facility is located shall be prorated in equal shares among thoselocalities.

R. Any contractual agreement between a licensee and other entities concerningthe distribution of the remaining portion of the retainage under subsectionsI through N shall be subject to the approval of the Commission.

S. The horsemen's organizations representing a majority of the horsemenracing at a licensed unlimited race meeting may, subject to the approval ofthe Commission, withdraw for administrative costs associated with serving theinterests of the horsemen an amount not to exceed two percent of the amountin the horsemen's account.

T. The legitimate breakage from each pari-mutuel pool for both live racingand simulcast horse racing shall be distributed as follows:

1. Seventy percent to be retained by the licensee to be used for capitalimprovements that are subject to approval of the Commission; and

2. Thirty percent to be deposited in the Racing Benevolence Fund,administered jointly by the licensee and the horsemen's organizationrepresenting a majority of the horsemen racing at a licensed unlimited racemeeting, to be disbursed with the approval of the Commission for gamblingaddiction and substance abuse counseling, recreational, educational or otherrelated programs.

(1988, c. 855; 1991, c. 591; 1992, c. 820; 1995, c. 217; 1998, cc. 608, 619;2000, c. 1031; 2007, c. 61.)