§ 1008 — Simulcasts to off-track branch offices

§ 1008. Simulcasts to off-track branch offices. 1. The commission may\nin accordance with the provisions of section one thousand three of this\narticle and section five hundred twenty-three of this chapter authorize\nand approve an application for licenses submitted by any off-track\nbetting corporation to display the simulcasts of racing from any\nthoroughbred or harness racing association or corporation located in the\nstate.\n 2. Such application shall include, but not be limited to, a copy of a\nwritten agreement between the sending track and such regional off-track\nbetting corporation and the following:\n a. The location of each branch office to display the simulcast;\n b. Any remuneration the sending track will receive in addition to the\nprovisions of section five hundred twenty-seven of this chapter; and\n c. (i) Except as provided in section one thousand thirteen of this\narticle, if such sending track is not a thoroughbred track in the\nCatskill region conducting a mixed meeting, letters of consent to such\nagreement by the regional track or tracks conducting a meeting or\nmeetings of the same type of racing during the period for which\nsimulcasting is proposed. For purposes of this article, a track first\nlicensed to conduct pari-mutuel racing after January first, nineteen\nhundred eighty-five, shall not be considered a regional track for\npurposes of applicable letters of consent as required in this section\nand section one thousand nine of this article. Such period shall be\ndefined as a twenty-four hour day from midnight to midnight. For those\ntracks located in the city of New York or the counties of Westchester or\nNassau, such period shall be limited to the same time of day, defined as\nafternoon against afternoon, twilight against twilight and evening\nagainst evening, the hours for which shall be as further specified by\nthe commission.\n (ii) For any simulcasting facility located within an area of a circle\nwhose radius is forty miles, the center of which shall be measured from\na regional track, and as provided in section one thousand thirteen of\nthis article, the commission shall not approve such application unless\nsuch regional track, as described in subparagraph (i) of this paragraph,\nhas given its written authorization, provided however, that between\nthirty-one and forty miles such approval shall not be unreasonably\nwithheld. Such approval shall not be required if the simulcasting\nfacility is located without the forty mile radius or if the sending\ntrack is a thoroughbred track in the Catskill region conducting a mixed\nmeeting. Such written authorization shall not be required nor shall the\nprovisions of section five hundred twenty-three of this chapter apply to\nthose races that such regional track may elect to receive as a simulcast\nrace during its regularly scheduled race meeting.\n 2-a. In the interest of providing maximum distribution of the\nsimulcast signal of New York pari-mutuel races among regional off-track\nbetting corporations, whenever a sending track makes its simulcast\nsignal available to an off-track betting region authorized to accept its\nwagers, such sending track shall make its simulcast signal available to\nall such regions authorized to accept its wagers in accordance with\nsection five hundred twenty-three of this chapter, and subdivision two\nof this section. In the event the sending track and the off-track\nbetting corporations are unable to agree upon terms, including the\nidentification of branch offices required to receive the signal, such\nterms, conditions and consideration shall be determined by binding\narbitration as provided in section one thousand thirteen of this\nchapter.\n 3. Off-track betting simulcast pools shall be distributed according to\nthe provisions of section five hundred twenty-seven of this chapter,\nexcept that:\n a. The share so retained by the off-track betting corporation may be\ndivided in a manner determined by contractual agreement; and\n b. Of the sums received by the sending track, fifty percent shall be\ndistributed to purses in addition to moneys distributed pursuant to\nsection five hundred twenty-seven of this chapter. The off-track betting\ncorporation shall pay to the commission as a regulatory fee, which fee\nis hereby levied, six-tenths of one percent of the total daily pools.\n 4. a. Notwithstanding any other provision of law to the contrary, the\ncommission may authorize a regional off-track betting corporation to\namend its plan of operation to provide for the sale of food and\nnon-alcoholic beverages within its simulcasting facilities. For such\nfacilities when facilities of a hotel or restaurant as defined in\nsection three of the alcoholic beverage control law are used, and table\nservice for at least twenty-four persons is provided, the commission\nmay, in its discretion, authorize a regional off-track betting\ncorporation to amend its plan of operation to provide for the sale of\nbeer, wine and liquor, in accordance with all applicable state and local\nlicensing requirements. The commission shall promulgate rules and\nregulations to carry out the provisions of this subdivision with the\nintent that such sale of food, alcoholic and non-alcoholic beverages\nshall be in accordance with appropriate health and sanitary codes, and\nshall not include sales on credit except such sales using a third-party\ncredit card. With respect to the sale of beer, wine and liquor, said\nrules and regulations shall provide requirements for seating capacity\nand the minimum number of tables, which in no event shall be less than\nsix.\n b. (i) Regional off-track betting corporations shall have the option\nof charging an admission fee to simulcasting facilities authorized to\nsell food, alcoholic or non-alcoholic beverages pursuant to paragraph a\nof this subdivision. The amount of such fee shall be subject to the\napproval of the commission.\n (iii) Any county (except a county wholly within a city) or city, or\nboth, in which such simulcasting facility is located, is hereby\nauthorized and empowered to adopt and amend local laws imposing a tax on\nsuch admission fee at a rate not to exceed fifteen percent of the\nadmission fee. The provisions of article eight of this chapter relating\nto the administration and collection of the taxes authorized to be\nimposed by such article (including the provisions relating to judicial\nreview) shall apply to a tax imposed pursuant to the authority of this\nsubparagraph, in the same manner and with the same force and effect as\nif the language of such provisions had been incorporated in full into\nthis subparagraph and expressly referred to a tax authorized to be\nimposed pursuant to this subparagraph, except to the extent that any\nsuch provision is either inconsistent with a provision of this\nsubparagraph or is not relevant to this subparagraph.\n 5. a. As a condition to receiving simulcasts in any branch office from\nany sending track a regional off-track betting corporation located in a\ncity with a population of one million shall simulcast the thoroughbred\nand quarter horse races of a thoroughbred track located in the Catskill\nregion conducting a mixed meeting in all such branches that will receive\nthe simulcasts of any other thoroughbred or harness horse races on any\nday that such thoroughbred track in the Catskill region may be\nconducting a mixed meeting and offers such simulcasts of its races to\nsuch corporation, provided, however, that the costs associated with the\ntransmission and receipt of the simulcast signal of such thoroughbred\ntrack located in the Catskill region shall be borne by such track.\n b. Any branch office that receives such simulcast signal for\nforty-five days may cease receiving such signal if the off-track betting\noperator justifies to the commission that the opening of such branch\noffice has sustained economic loss during such forty-five day period.\nProvided, however, the track and off-track betting operator may waiver\nthis provision by contract.\n