§ 901 — Reduction in retained commission

§ 901. Reduction in retained commission. 1. Notwithstanding the\nprovisions of subdivision two of section five hundred twenty-three of\nthis chapter, the commission shall authorize regional off-track betting\ncorporations to accept additional wagers on multiple betting\nopportunities on races conducted by any franchised corporation.\n A franchised corporation may elect to offer such similar additional\ndaily double and quinella wagering opportunities. If such franchised\ncorporation offers two or more quinellas, as defined herein, the\nprovisions of section five hundred twenty-three of this chapter, as\nmodified by the provisions of subdivisions one, two and three of this\nsection, with respect to combined pools shall apply with respect to such\nwagering opportunities. At any time such a franchised corporation does\nnot offer at least two quinellas, the provisions of this subdivision\nwith respect to separate authorizations for regional corporations shall\nremain in effect with respect to such quinella wagers.\n At any time such franchised corporation does not offer such an\nadditional daily double, the provisions of this subdivision with respect\nto separate authorizations for regional corporations shall remain in\neffect with respect to such an additional daily double wager.\n Whenever regional off-track betting corporations offer wagers pursuant\nto this subdivision that are not combined in a common pool with similar\non-track wagers, the provisions of subdivision eight of section five\nhundred twenty-three of this chapter shall apply to such wagers.\n 2. a. In addition to the authority granted under subdivision one of\nthis section, the commission shall require, under conditions subject to\nits approval, the franchised corporation to provide direct transmissions\ninto selected regional off-track facilities of a current "live call of\nthe race," defined as the current positions of the horses at specified\nplaces on the track during the race. The track operator itself may\nperform the broadcast; or, provide appropriate space and facilities to\nenable a single, alternative broadcast to be performed solely for the\nuse of regional off-track betting corporations, the expense of such\nalternative broadcast to be borne by such regional corporations, at the\ndiscretion of such regional corporations. In either case, all\nincremental transmission costs are to be borne by such regional\ncorporations.\n b. The regional off-track betting facilities, each of which shall have\nbeen in operation for six months or more prior to receiving such\ntransmissions and at least forty percent of which shall have had a total\npool on races of such franchised corporation during such period equal to\nor greater than the median pool on such races in all such facilities in\nsuch county, that shall receive such transmissions are authorized as\nfollows, provided that such requirements with respect to duration of\noperation and total pool shall not apply to facilities in the New York\ncity region:\n (i) for the New York city region, any facility, located more than five\nmiles from any thoroughbred racetrack operated by a franchised\ncorporation, for which the New York city off-track betting corporation\nrequests such transmissions of such franchised corporation.\n (ii) for the Nassau region, one facility located at least ten miles\nfrom any thoroughbred racetrack operated by a franchised corporation.\n (iii) for the Suffolk region, one facility.\n (iv) for the Catskill and Western regions, six facilities each,\nprovided, however, that no such transmissions are authorized into the\nportion of the Western and Catskill regions in the thoroughbred special\nbetting district on those days that a thoroughbred track is conducting\nracing in such special betting district.\n (v) for the Capital District region, six facilities, provided,\nhowever, that no such transmissions are authorized into the Capital\nDistrict region on those days that a franchised corporation is\nconducting races at a track located within such region. Nothing in this\nsubparagraph shall prohibit such region and a franchised corporation\nfrom entering into an agreement to provide such transmissions in\nadditional facilities subject to the restrictions in this subparagraph.\n c. The commission shall approve the request of each such regional\noff-track betting corporation to transmit the call of the race,\nbeginning January first, nineteen hundred seventy-nine, into an\nadditional, like number of facilities as specified in paragraph b of\nthis subdivision and subject to the conditions in such paragraph.\nProvided, however, that nothing shall prohibit such franchised\ncorporation from entering into agreements with such regional off-track\nbetting corporations designating additional facilities within the\nregions of such regional off-track betting corporations that may offer a\n"live call of the race", except that no such transmissions are\nauthorized into the portion of the Western and Catskill regions in the\nthoroughbred special betting district on those days that a thoroughbred\ntrack is conducting racing in such special betting district.\n d. Notwithstanding any provisions to the contrary in this subdivision,\nduring and only during the period that such franchised corporation shall\nconduct races at a racetrack not within the counties of Suffolk, Nassau\nand the five counties comprising the city of New York, the track\noperator for such franchised corporation shall provide direct\ntransmissions into all of the facilities operated by off-track betting\ncorporations, except those within the Capital District region and any\nfacilities within a thoroughbred special betting district, other than\nthose facilities authorized to accept wagers on races conducted by such\nfranchised corporation, on those days that a thoroughbred racetrack is\nconducting racing in such special betting district, of a current "live\ncall of the race" as defined, and subject to the conditions provided\nfor, in paragraph a of this subdivision. Provided, however, nothing\nshall prohibit such franchised corporation from entering into an\nagreement with the Capital District regional corporation designating\nspecific facilities within the Capital District region that may offer a\n"live call of the race".\n 3. A franchised corporation shall make available such space and\nfacilities as may be required to enable regional off-track betting\ncorporations to obtain the information specified in section two hundred\nthirty-four of this chapter for transmission to patrons in the\nfacilities of such corporations. In addition, such associations shall\ncooperate with such corporations in order to develop a system whereby\noff-track wagers are combined with on-track wagers in a common pool, and\nthe odds or potential payoff reflecting or based upon that pool are\ndisplayed at off-track facilities periodically during the time preceding\nthe race on which such wagers are made. The purpose of the system is to\nenable wagers placed off-track to be combined concurrently with wagers\nplaced on-track until as close to the beginning of the race as is\ntechnically feasible, with due regard for the security and accuracy of\nsuch system. The costs of the changes adopted pursuant to this section\nshall be borne by those regional off-track betting corporations electing\nto receive such information or to combine the on-track and off-track\npools on a more timely basis.\n 4. Notwithstanding any other provision of law, the Western region\noff-track betting corporation is hereby authorized to develop a system,\nsubject to approval of the board, whereby off-track wagers are combined\non a current basis with on-track wagers on races conducted by a\ncorporation licensed to conduct thoroughbred races at a track located\nwithin the Western region. Such corporation shall cooperate in the\nprovision of such wagers and shall also provide on such races direct\ntransmission into the facilities of such regional corporation of a\ncurrent "live call of the race" as defined in paragraph a of subdivision\ntwo of this section.\n