N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 526: Use of track facilities; combined pools

§ 526. Use of track facilities; combined pools. In order to effectuate

the general policy of this article that off-track and on-track wagers be

combined into single pools to provide uniform odds and payouts, track

operators shall be subject to the requirements of this section.

1. a. At the request of a regional corporation, a track operator

conducting a race meeting at a track in this state, shall, upon such

terms and conditions as may be agreed upon by such operator and the

corporation subject to the approval of the commission, provide

appropriate space and facilities at its track whereby the corporation

may perform the functions hereinafter described with respect to the

transmission and reception of wagering and racing information; provided,

however, that payments to the track operator pursuant to section five

hundred twenty-seven of this article shall be deemed adequate

consideration for the occupancy of vacant space at such track or the use

of existing facilities. The terms and conditions shall provide that the

corporation shall bear the cost of any additional office space or the

installation, leasing, operation, maintenance and servicing of

additional facilities or equipment.

b. In the event that a corporation and such operator shall be unable

to agree upon the space and facilities of such track to be provided to

the corporation by such operator, or the terms and conditions of the use

and occupancy thereof by the corporation, the commission shall, upon

application in writing made either by the corporation or by such

operator, determine the appropriate space and facilities to be provided

to such corporation and the terms, conditions and costs of its use and

occupancy by such corporation.

c. Upon the decision of the commission, the corporation shall be

entitled to use and occupy immediately the space and facilities

prescribed by the commission, upon the terms and conditions established

by the commission.

2. No track operator shall prevent a regional corporation from using

and occupying the space and facilities prescribed according to

subdivision one of this section, nor fail to cause off-track wagers to

be combined with on-track wagers into single pools, provided off-track

wagering information is transmitted to the track in an accurate and

timely fashion, nor prevent such transmission of racing information by

the regional corporation to its offices as may be consistent with the

regulations of the commission.

3. The commission shall be entitled to the use and occupancy of space

and facilities upon reasonable terms in like manner as a regional

corporation whenever the commission shall so require in order to perform

its statewide transmission function pursuant to section five hundred

twenty-five of this article. Any claim arising from such occupancy and

use shall be determined by the court of claims.

4. The commission, on its own behalf or on behalf of a regional

corporation, may apply to the supreme court for an injunction directing

any track operator to comply with this section. In any such action the

commission shall not be required to post bond or security.

5. Nothing contained in this section shall be construed as requiring

the commission or any regional corporation to pay or deliver to any

track operator any sum received from any bettor as a wager or otherwise,

but the net amount due from the commission or such regional corporation

to the operator, in the event that payments to winning bettors at the

track exceed the portion of the pari-mutuel pool attributable to such

bettors, or the net amount due from the operator to the commission or

regional corporation, in the event that payments to winning bettors off

the track exceed the portion of the pari-mutuel pool attributable to

such bettors, as the case may be, shall be paid within seven days of a

race.