NY Rac, Pari-Mut Wag & Breeding L § 1012 (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 10 - Simulcast of Horse Races 1012 - Account Wagering.

§  1012.  Account  wagering.  Racing  associations  and  corporations,   franchised   corporations,   off-track    betting    corporations    and   multi-jurisdictional   account  wagering  providers  may  apply  to  the   commission to be licensed to offer account wagering.1. Racing  associations  and  corporations,  franchised  corporations,   off-track betting corporations and multi-jurisdictional account wagering   providers   may   form   partnerships,  joint  ventures,  or  any  other   affiliations or contractual arrangement in order to further the purposes   of  this  section.  Multi-jurisdictional  account   wagering   providers   involved  in  such  joint affiliations or contractual arrangements shall   follow  the  same  distributional  policy  with  respect   to   retained   commissions  as a multi-jurisdictional account wagering provider defined   in this article.2. The commission shall promulgate rules and  regulations  to  license   and regulate all phases of account wagering.3. The commission shall specify a non-refundable application fee which   shall  be  paid  by  each  applicant  for an account wagering license or   renewal thereof.4. Account wagering licensees shall  utilize  personal  identification   numbers  and  such  other  technologies as the commission may specify to   assure that only the account holder has access to  the  advance  deposit   wagering account.5.  Account  wagering licensees shall provide for: a. withdrawals from   the wagering account only by means  of  a  check  made  payable  to  the   account holder and sent to the address of the account holder or by means   of  an  electronic  transfer  to an account held by the verified account   holder or b. that  the  account  holder  may  withdraw  funds  from  the   wagering  account at a facility approved by the commission by presenting   verifiable personal and account identification information.6. Account  wagering  licensees  may  engage  in  interstate  wagering   transactions  only where there is compliance with chapter fifty-seven of   title fifteen of the United States code, commonly  referred  to  as  the   "interstate horse racing act".7.  The  account  holder's  deposits  to the wagering account shall be   submitted by the account holder to the  account  wagering  licensee  and   shall  be  in  the  form  of  one of the following: a. cash given to the   account wagering licensee; b. check, money order,  negotiable  order  of   withdrawal,  or wire or electronic transfer, payable and remitted to the   account wagering licensee; or c. charges made  to  an  account  holder's   debit  or  credit  card  upon  the  account holder's direct and personal   instruction, which instruction may be given by  telephone  communication   or  other electronic means to the account wagering licensee or its agent   by the account holder if the use of the card has been  approved  by  the   account wagering licensee.8.  a.  Each  wager shall be in the name of a natural person and shall   not  be  in  the  name  of  any  beneficiary,  custodian,  joint  trust,   corporation, partnership or other organization or entity.b.  A  wagering  account  may be established by a person completing an   application form approved by the commission and submitting  it  together   with  a  certification,  or other proof, of age and residency. Such form   shall include the address of the principal residence of the  prospective   account  holder and a statement that a false statement made in regard to   an application may subject the applicant to prosecution.c.  The  prospective  account  holder  shall  submit   the   completed   application  to  the  account  wagering  licensee.  The account wagering   licensee may accept or reject an application after receipt and review of   the application and certification, or other proof, of age and  residency   for compliance with this section. d.  No  person other than the person in whose name an account has been   established may issue wagering instructions relating to that account  or   otherwise engage in wagering transactions relating to that account.9.   A   wagering   account  shall  not  be  assignable  or  otherwise   transferable.10. Except as otherwise provided in this  article  or  in  regulations   which  the  commission  may  adopt  pursuant thereto, all account wagers   shall be final and no wager shall be canceled by the account  holder  at   any  time  after  the  wager  has  been accepted by the account wagering   licensee.11. Dormant accounts shall be treated as abandoned  property  pursuant   to section three hundred of the abandoned property law.12.  Account  wagering  providers must possess appropriate totalizator   and accounting controls that will safeguard the transmission of wagering   data and will keep a system of accounts which will maintain  a  separate   record  of revenues and an accounting of costs relative to the operation   of the wagering provider.13. Wagers placed with the account wagering providers shall result  in   the  combination  of  all  wagers  placed  with  such  provider with the   wagering pools at the host track so as  to  produce  common  pari-mutuel   betting  pools  for  the  calculation  of  odds and the determination of   payouts from such pools, which payout shall be the same for all  winning   tickets, irrespective of whether a wager is placed at a host track or at   an account wagering provider.14.  Any  account  wagering  licensee  may  require  a minimum account   balance in an amount to be determined by such entity.15.  a.  Any  regional  off-track  betting  corporation  may   suspend   collection   of   the  surcharge  imposed  under  section  five  hundred   thirty-two of this chapter on winning wagers placed in wagering accounts   maintained by such regional corporation.b. In a city of one million or more  any  regional  off-track  betting   corporation,  with  the  approval of the mayor of such city, may suspend   collection  of  the  surcharge  imposed  under  section   five   hundred   thirty-two of this chapter in winning wagers placed in wagering accounts   maintained by such regional corporation.16.  The  maintenance and operation of such wagering accounts provided   for in this section shall be subject to rules  and  regulations  of  the   commission.   The   commission   shall  include  in  such  regulation  a   requirement that wagering account information  pertaining  to  surcharge   and nonsurcharge wagering accounts shall be separately reported.17.  For  the  purposes of this section, "telephone wagering accounts"   shall mean and include all those  wagers  which  utilize  any  wired  or   wireless  communications  device,  including but not limited to wireline   telephones,  wireless  telephones  and  the  internet  to  transmit  the   placement  of wagers on races and special events offered by any regional   off-track betting corporation, and any  harness,  thoroughbred,  quarter   horse  racing  association  or  corporation  licensed  or  franchised to   conduct pari-mutuel racing in this state.18.  Every  racing   association,   off-track   betting   corporation,   franchised  corporation,  harness,  thoroughbred,  quarter  horse racing   association or corporation or other entity  licensed  or  franchised  in   this  state to conduct pari-mutuel racing and wagering, or authorized to   conduct races within the state, which operates a  wagering  account  for   the acceptance of wagers, shall locate the call center where such wagers   are received within the state of New York.