N.Y. PML Law § 526 — New York Code / Act PML / Article 5-A / Section 526
Use of track facilities; combined pools
Status: in_force

§ 526. Use of track facilities; combined pools. In order to effectuate\nthe general policy of this article that off-track and on-track wagers be\ncombined into single pools to provide uniform odds and payouts, track\noperators shall be subject to the requirements of this section.\n  1. a. At the request of a regional corporation, a track operator\nconducting a race meeting at a track in this state, shall, upon such\nterms and conditions as may be agreed upon by such operator and the\ncorporation subject to the approval of the commission, provide\nappropriate space and facilities at its track whereby the corporation\nmay perform the functions hereinafter described with respect to the\ntransmission and reception of wagering and racing information; provided,\nhowever, that payments to the track operator pursuant to section five\nhundred twenty-seven of this article shall be deemed adequate\nconsideration for the occupancy of vacant space at such track or the use\nof existing facilities. The terms and conditions shall provide that the\ncorporation shall bear the cost of any additional office space or the\ninstallation, leasing, operation, maintenance and servicing of\nadditional facilities or equipment.\n  b. In the event that a corporation and such operator shall be unable\nto agree upon the space and facilities of such track to be provided to\nthe corporation by such operator, or the terms and conditions of the use\nand occupancy thereof by the corporation, the commission shall, upon\napplication in writing made either by the corporation or by such\noperator, determine the appropriate space and facilities to be provided\nto such corporation and the terms, conditions and costs of its use and\noccupancy by such corporation.\n  c. Upon the decision of the commission, the corporation shall be\nentitled to use and occupy immediately the space and facilities\nprescribed by the commission, upon the terms and conditions established\nby the commission.\n  2. No track operator shall prevent a regional corporation from using\nand occupying the space and facilities prescribed according to\nsubdivision one of this section, nor fail to cause off-track wagers to\nbe combined with on-track wagers into single pools, provided off-track\nwagering information is transmitted to the track in an accurate and\ntimely fashion, nor prevent such transmission of racing information by\nthe regional corporation to its offices as may be consistent with the\nregulations of the commission.\n  3. The commission shall be entitled to the use and occupancy of space\nand facilities upon reasonable terms in like manner as a regional\ncorporation whenever the commission shall so require in order to perform\nits statewide transmission function pursuant to section five hundred\ntwenty-five of this article. Any claim arising from such occupancy and\nuse shall be determined by the court of claims.\n  4. The commission, on its own behalf or on behalf of a regional\ncorporation, may apply to the supreme court for an injunction directing\nany track operator to comply with this section. In any such action the\ncommission shall not be required to post bond or security.\n  5. Nothing contained in this section shall be construed as requiring\nthe commission or any regional corporation to pay or deliver to any\ntrack operator any sum received from any bettor as a wager or otherwise,\nbut the net amount due from the commission or such regional corporation\nto the operator, in the event that payments to winning bettors at the\ntrack exceed the portion of the pari-mutuel pool attributable to such\nbettors, or the net amount due from the operator to the commission or\nregional corporation, in the event that payments to winning bettors off\nthe track exceed the portion of the pari-mutuel pool attributable to\nsuch bettors, as the case may be, shall be paid within seven days of a\nrace.\n