N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 901: Reduction in retained commission

§ 901. Reduction in retained commission. 1. Notwithstanding the

provisions of subdivision two of section five hundred twenty-three of

this chapter, the commission shall authorize regional off-track betting

corporations to accept additional wagers on multiple betting

opportunities on races conducted by any franchised corporation.

A franchised corporation may elect to offer such similar additional

daily double and quinella wagering opportunities. If such franchised

corporation offers two or more quinellas, as defined herein, the

provisions of section five hundred twenty-three of this chapter, as

modified by the provisions of subdivisions one, two and three of this

section, with respect to combined pools shall apply with respect to such

wagering opportunities. At any time such a franchised corporation does

not offer at least two quinellas, the provisions of this subdivision

with respect to separate authorizations for regional corporations shall

remain in effect with respect to such quinella wagers.

At any time such franchised corporation does not offer such an

additional daily double, the provisions of this subdivision with respect

to separate authorizations for regional corporations shall remain in

effect with respect to such an additional daily double wager.

Whenever regional off-track betting corporations offer wagers pursuant

to this subdivision that are not combined in a common pool with similar

on-track wagers, the provisions of subdivision eight of section five

hundred twenty-three of this chapter shall apply to such wagers.

2. a. In addition to the authority granted under subdivision one of

this section, the commission shall require, under conditions subject to

its approval, the franchised corporation to provide direct transmissions

into selected regional off-track facilities of a current "live call of

the race," defined as the current positions of the horses at specified

places on the track during the race. The track operator itself may

perform the broadcast; or, provide appropriate space and facilities to

enable a single, alternative broadcast to be performed solely for the

use of regional off-track betting corporations, the expense of such

alternative broadcast to be borne by such regional corporations, at the

discretion of such regional corporations. In either case, all

incremental transmission costs are to be borne by such regional

corporations.

b. The regional off-track betting facilities, each of which shall have

been in operation for six months or more prior to receiving such

transmissions and at least forty percent of which shall have had a total

pool on races of such franchised corporation during such period equal to

or greater than the median pool on such races in all such facilities in

such county, that shall receive such transmissions are authorized as

follows, provided that such requirements with respect to duration of

operation and total pool shall not apply to facilities in the New York

city region:

(i) for the New York city region, any facility, located more than five

miles from any thoroughbred racetrack operated by a franchised

corporation, for which the New York city off-track betting corporation

requests such transmissions of such franchised corporation.

(ii) for the Nassau region, one facility located at least ten miles

from any thoroughbred racetrack operated by a franchised corporation.

(iii) for the Suffolk region, one facility.

(iv) for the Catskill and Western regions, six facilities each,

provided, however, that no such transmissions are authorized into the

portion of the Western and Catskill regions in the thoroughbred special

betting district on those days that a thoroughbred track is conducting

racing in such special betting district.

(v) for the Capital District region, six facilities, provided,

however, that no such transmissions are authorized into the Capital

District region on those days that a franchised corporation is

conducting races at a track located within such region. Nothing in this

subparagraph shall prohibit such region and a franchised corporation

from entering into an agreement to provide such transmissions in

additional facilities subject to the restrictions in this subparagraph.

c. The commission shall approve the request of each such regional

off-track betting corporation to transmit the call of the race,

beginning January first, nineteen hundred seventy-nine, into an

additional, like number of facilities as specified in paragraph b of

this subdivision and subject to the conditions in such paragraph.

Provided, however, that nothing shall prohibit such franchised

corporation from entering into agreements with such regional off-track

betting corporations designating additional facilities within the

regions of such regional off-track betting corporations that may offer a

"live call of the race", except that no such transmissions are

authorized into the portion of the Western and Catskill regions in the

thoroughbred special betting district on those days that a thoroughbred

track is conducting racing in such special betting district.

d. Notwithstanding any provisions to the contrary in this subdivision,

during and only during the period that such franchised corporation shall

conduct races at a racetrack not within the counties of Suffolk, Nassau

and the five counties comprising the city of New York, the track

operator for such franchised corporation shall provide direct

transmissions into all of the facilities operated by off-track betting

corporations, except those within the Capital District region and any

facilities within a thoroughbred special betting district, other than

those facilities authorized to accept wagers on races conducted by such

franchised corporation, on those days that a thoroughbred racetrack is

conducting racing in such special betting district, of a current "live

call of the race" as defined, and subject to the conditions provided

for, in paragraph a of this subdivision. Provided, however, nothing

shall prohibit such franchised corporation from entering into an

agreement with the Capital District regional corporation designating

specific facilities within the Capital District region that may offer a

"live call of the race".

3. A franchised corporation shall make available such space and

facilities as may be required to enable regional off-track betting

corporations to obtain the information specified in section two hundred

thirty-four of this chapter for transmission to patrons in the

facilities of such corporations. In addition, such associations shall

cooperate with such corporations in order to develop a system whereby

off-track wagers are combined with on-track wagers in a common pool, and

the odds or potential payoff reflecting or based upon that pool are

displayed at off-track facilities periodically during the time preceding

the race on which such wagers are made. The purpose of the system is to

enable wagers placed off-track to be combined concurrently with wagers

placed on-track until as close to the beginning of the race as is

technically feasible, with due regard for the security and accuracy of

such system. The costs of the changes adopted pursuant to this section

shall be borne by those regional off-track betting corporations electing

to receive such information or to combine the on-track and off-track

pools on a more timely basis.

4. Notwithstanding any other provision of law, the Western region

off-track betting corporation is hereby authorized to develop a system,

subject to approval of the board, whereby off-track wagers are combined

on a current basis with on-track wagers on races conducted by a

corporation licensed to conduct thoroughbred races at a track located

within the Western region. Such corporation shall cooperate in the

provision of such wagers and shall also provide on such races direct

transmission into the facilities of such regional corporation of a

current "live call of the race" as defined in paragraph a of subdivision

two of this section.