§ 523 — General limitations on off-track betting

§ 523. General limitations on off-track betting. The commission shall\nrequire that any regional corporation conduct off-track pari-mutuel\nbetting in accordance with this section.\n 1. The system of off-track betting operated by such corporation,\nexcept as otherwise provided in this section, shall result in the\ncombination of all off-track wagers with on-track wagers so as to\nproduce common pari-mutuel betting pools for the calculation of odds and\nthe determination of payouts from such pool, which payout shall be the\nsame for all winning tickets, irrespective of whether a wager is placed\noff-track or on-track.\n 2. Exotic and multiple bets on races run within the state may be\napproved by the commission without a comparable on-track pool, provided\nthat the corporation or association conducting such races shall have\nfiled with the commission a written consent for such off-track exotic or\nmultiple bets on races held at its track.\n 3. The commission may approve separate off-track pools on races run in\nother states subject to the limitations of this section and of\nsubdivision eight of this section in particular.\n 4. No regional corporation authorized to conduct off-track betting by\nthe commission shall accept off-track wagers on races run at any harness\ntrack located without its region while a harness track within its region\nis conducting a race meeting involving pari-mutuel betting without the\napproval of the regional operating harness track; provided, however,\nthat for the purposes of this subdivision, the Suffolk region, the\nNassau region, the New York city region, and the portion of the Catskill\nregion outside a special betting district shall be considered a single\nregion; and further provided, however, that for the purposes of this\nsubdivision, there shall be created a harness special betting district,\nconsisting of the counties of Cayuga, Chenango, Cortland, Franklin,\nHerkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, Otsego,\nSt. Lawrence and Tompkins in which no off-track betting on races run at\na harness track without such special betting district shall be permitted\nwhile a harness track within such special betting district is conducting\na race meeting involving pari-mutuel betting.\n 4-a. Notwithstanding any inconsistent provision of subdivision four of\nthis section, regional off-track betting corporations are hereby\nauthorized and empowered in each year to accept wagers on the races\nknown as the "Dr. Harry M. Zweig Memorial Trot" and "Empire Commission's\nCup" (A pace) to be run under the auspices of the New York State\nIndustrial Exhibit Authority.\n 5. Except for races conducted by a thoroughbred track in the Catskill\nregion during a mixed meeting, no regional corporation shall accept\nwagers on any thoroughbred or steeplechase race run on any thoroughbred\nor steeplechase track located without its region while a thoroughbred or\nsteeplechase track within its region is conducting a race meeting\ninvolving pari-mutuel betting without the approval of the operating\nregional thoroughbred or steeplechase track, except that the Catskill\nand Suffolk regional corporations may accept wagers on any thoroughbred\ntrack outside its region while a thoroughbred track within the region is\nconducting such a race meeting provided the regional corporation accepts\nwagers on such track within the region; provided, however, that for the\npurposes of this subdivision, there shall be created a thoroughbred\nspecial betting district, consisting of the counties of Orleans,\nGenesee, Wyoming, Allegany, Monroe, Livingston, Steuben, Wayne, Ontario,\nYates, Seneca, Schuyler, Cayuga, Tompkins, Onondaga and Cortland, in\nwhich no off-track betting on races run at a thoroughbred or\nsteeplechase track without such special district including such a track\nwithin the Catskill region shall be permitted while a thoroughbred or\nsteeplechase track within such special district is conducting a race\nmeeting involving pari-mutuel betting without the approval of the\noperating regional thoroughbred or steeplechase track; provided,\nhowever, that within such district in the counties of Wyoming, Allegany,\nSteuben and Schuyler off-track betting on races run at a track by a\nfranchised corporation without such special district shall be permitted.\nNotwithstanding any inconsistent provision in the foregoing, the\nregional off-track betting corporations are hereby authorized and\nempowered to accept all wagers on races known as the "Belmont Stakes",\nthe "Travers Stakes", the "Breeders' Cup Series" and the "New York\nDerby"; and such corporation, outside of a harness special betting\ndistrict, is hereby authorized and empowered to accept wagers on the\nraces comprising the seven-day race meeting known as the "Syracuse\nMile".\n 6. a. No regional corporation may accept wagers on races run at a\nthoroughbred or steeplechase track in another state or country while a\nthoroughbred or steeplechase track within this state is conducting a\nrace meeting involving pari-mutuel betting; provided, however, that\nnotwithstanding any inconsistent provision, the commission may designate\nno more than fifteen thoroughbred or steeplechase races per year as\nraces of special interest on which off-track pari-mutuel betting may be\naccepted by regional corporations, provided further that for purposes of\nthis subdivision the acceptance of wagers on a series of races known as\nthe "Breeders' Cup" shall be considered as a single thoroughbred or\nsteeplechase race of special interest and all such races shall be\ndetermined in accordance with article nine of this chapter.\n b. When a race meeting is not being conducted by a franchised\ncorporation and a thoroughbred race meeting is being conducted at a\ntrack located within the thoroughbred special betting district, regional\ncorporations and portions of regional corporations outside such\ndistrict, shall, in addition to accepting wagers on races at such track,\nalso be permitted to accept wagers on thoroughbred races run in another\nstate. In the event that wagers are accepted on races run at both a\ntrack located in the thoroughbred special betting district and at a\ntrack located in another state, the balance of the amount payable to\ntracks within this state pursuant to paragraph f of subdivision one of\nsection five hundred twenty-seven of this article, but (i) not less than\none percent on regular and multiple wagering and two percent on exotic\nwagers, shall be paid to the track located within the thoroughbred\nspecial betting district running thoroughbred races, and (ii) not less\nthan three-quarters of one percent of regular and multiple wagering and\none and one-quarter percent on exotic wagers shall be paid to the\nharness track operator conducting racing within the region within which\nthe wagers on such out-of-state races are placed.\n c. If as a result of the authorization granted in paragraph b of this\nsubdivision, the average daily distribution to harness track operators\nfrom regional off-track betting corporations and attributable to the\nconduct of off-track betting on thoroughbred races run concurrently by\nboth an in-state and an out-of-state track operator during the period\nfrom June first, nineteen hundred seventy-eight through May\nthirty-first, nineteen hundred seventy-nine and each succeeding\ntwelve-month period thereafter is less than the average daily\ndistribution to such operators from off-track betting corporations and\nattributable to the conduct of racing by a thoroughbred racing\nassociation during the base period of June first, nineteen hundred\nseventy-seven through May thirty-first, nineteen hundred seventy-eight,\nsuch operators shall be entitled to a credit against the state tax\nimposed upon its pari-mutuel revenues. The tax credit for any\ntwelve-month period shall be an amount calculated by multiplying the\nshortfall in the average daily distribution by the number of days in\neach twelve-month period that regional off-track betting corporations\nconduct betting on thoroughbred races run concurrently by both an\nin-state and an out-of-state track operator. The commission shall so\ncertify to the department of taxation and finance the amount of credit\napplicable to each harness track operator no later than thirty days\nfollowing the close of each twelve-month period.\n 7. No regional corporation may accept wagers on races run at a harness\ntrack in another state or country while a harness track within this\nstate is conducting a race meeting involving pari-mutuel betting;\nprovided, however, that notwithstanding any inconsistent provisions the\ncommission may designate no more than fifty harness races per year as\nraces of special interest on which off-track pari-mutuel betting may be\naccepted by regional corporations.\n 8. Pools permitted by subdivisions three, six and seven of this\nsection shall be combined into a single statewide pool for the\ncalculation of odds and the determination of payouts which shall be\nuniform throughout the state.\n 9. Notwithstanding any other provision of this article any regional\ncorporation having a missed pool as defined in this subdivision shall\ndispose of such pool according to rules and regulations of the\ncommission, which shall direct such regional corporations and such\nmissed pools to the in-state track conducting the race on which the\nwager was placed to be used for the next available common pool.\n