NY Rac, Pari-Mut Wag & Breeding L § 523 (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 5-A - Off-Track Pari-Mutuel Betting 523 - General Limitations on Off-Track Betting.

§ 523. General limitations on off-track betting.  The commission shall   require  that  any  regional  corporation  conduct off-track pari-mutuel   betting in accordance with this section.1. The system of  off-track  betting  operated  by  such  corporation,   except  as  otherwise  provided  in  this  section,  shall result in the   combination of all off-track  wagers  with  on-track  wagers  so  as  to   produce common pari-mutuel betting pools for the calculation of odds and   the  determination  of payouts from such pool, which payout shall be the   same for all winning tickets, irrespective of whether a wager is  placed   off-track or on-track.2.  Exotic  and  multiple  bets  on  races run within the state may be   approved by the commission without a comparable on-track pool,  provided   that  the  corporation  or  association conducting such races shall have   filed with the commission a written consent for such off-track exotic or   multiple bets on races held at its track.3. The commission may approve separate off-track pools on races run in   other  states  subject  to  the  limitations  of  this  section  and  of   subdivision eight of this section in particular.4.  No regional corporation authorized to conduct off-track betting by   the commission shall accept off-track wagers on races run at any harness   track located without its region while a harness track within its region   is conducting a race meeting involving pari-mutuel betting  without  the   approval  of  the  regional  operating harness track; provided, however,   that for the purposes of  this  subdivision,  the  Suffolk  region,  the   Nassau region, the New York city region, and the portion of the Catskill   region  outside  a special betting district shall be considered a single   region; and further provided, however, that for  the  purposes  of  this   subdivision,  there shall be created a harness special betting district,   consisting of the counties  of  Cayuga,  Chenango,  Cortland,  Franklin,   Herkimer,  Jefferson,  Lewis, Madison, Oneida, Onondaga, Oswego, Otsego,   St. Lawrence and Tompkins in which no off-track betting on races run  at   a harness track without such special betting district shall be permitted   while a harness track within such special betting district is conducting   a race meeting involving pari-mutuel betting.4-a. Notwithstanding any inconsistent provision of subdivision four of   this   section,  regional  off-track  betting  corporations  are  hereby   authorized and empowered in each year to  accept  wagers  on  the  races   known as the "Dr. Harry M. Zweig Memorial Trot" and "Empire Commission's   Cup"  (A  pace)  to  be  run  under  the  auspices of the New York State   Industrial Exhibit Authority.5. Except for races conducted by a thoroughbred track in the  Catskill   region  during  a  mixed  meeting,  no regional corporation shall accept   wagers on any thoroughbred or steeplechase race run on any  thoroughbred   or steeplechase track located without its region while a thoroughbred or   steeplechase  track  within  its  region  is  conducting  a race meeting   involving pari-mutuel betting without  the  approval  of  the  operating   regional  thoroughbred  or  steeplechase track, except that the Catskill   and Suffolk regional corporations may accept wagers on any  thoroughbred   track outside its region while a thoroughbred track within the region is   conducting such a race meeting provided the regional corporation accepts   wagers  on such track within the region; provided, however, that for the   purposes of this subdivision, there  shall  be  created  a  thoroughbred   special  betting  district,  consisting  of  the  counties  of  Orleans,   Genesee, Wyoming, Allegany, Monroe, Livingston, Steuben, Wayne, Ontario,   Yates, Seneca, Schuyler, Cayuga, Tompkins,  Onondaga  and  Cortland,  in   which   no   off-track  betting  on  races  run  at  a  thoroughbred  or   steeplechase track without such special district including such a  track   within  the  Catskill  region shall be permitted while a thoroughbred or    steeplechase track within such special district  is  conducting  a  race   meeting  involving  pari-mutuel  betting  without  the  approval  of the   operating  regional  thoroughbred  or  steeplechase   track;   provided,   however, that within such district in the counties of Wyoming, Allegany,   Steuben  and  Schuyler  off-track  betting  on races run at a track by a   franchised corporation without such special district shall be permitted.   Notwithstanding  any  inconsistent  provision  in  the  foregoing,   the   regional  off-track  betting  corporations  are  hereby  authorized  and   empowered to accept all wagers on races known as the  "Belmont  Stakes",   the  "Travers  Stakes",  the  "Breeders'  Cup  Series" and the "New York   Derby"; and such corporation,  outside  of  a  harness  special  betting   district,  is  hereby  authorized  and empowered to accept wagers on the   races comprising the seven-day  race  meeting  known  as  the  "Syracuse   Mile".6.  a.  No  regional  corporation  may accept wagers on races run at a   thoroughbred or steeplechase track in another state or country  while  a   thoroughbred  or  steeplechase  track  within this state is conducting a   race meeting involving  pari-mutuel  betting;  provided,  however,  that   notwithstanding any inconsistent provision, the commission may designate   no  more  than  fifteen  thoroughbred  or steeplechase races per year as   races of special interest on which off-track pari-mutuel betting may  be   accepted by regional corporations, provided further that for purposes of   this  subdivision the acceptance of wagers on a series of races known as   the "Breeders' Cup" shall be considered  as  a  single  thoroughbred  or   steeplechase  race  of  special  interest  and  all  such races shall be   determined in accordance with article nine of this chapter.b. When a  race  meeting  is  not  being  conducted  by  a  franchised   corporation  and  a  thoroughbred  race  meeting is being conducted at a   track located within the thoroughbred special betting district, regional   corporations  and  portions  of  regional  corporations   outside   such   district, shall, in addition to accepting wagers on races at such track,   also  be permitted to accept wagers on thoroughbred races run in another   state. In the event that wagers are accepted on  races  run  at  both  a   track  located  in  the  thoroughbred  special betting district and at a   track located in another state, the balance of  the  amount  payable  to   tracks  within  this state pursuant to paragraph f of subdivision one of   section five hundred twenty-seven of this article, but (i) not less than   one percent on regular and multiple wagering and two percent  on  exotic   wagers,  shall  be  paid  to  the  track located within the thoroughbred   special betting district running thoroughbred races, and (ii)  not  less   than  three-quarters of one percent of regular and multiple wagering and   one and one-quarter percent on  exotic  wagers  shall  be  paid  to  the   harness  track operator conducting racing within the region within which   the wagers on such out-of-state races are placed.c. If as a result of the authorization granted in paragraph b of  this   subdivision,  the  average daily distribution to harness track operators   from regional off-track betting corporations  and  attributable  to  the   conduct  of  off-track betting on thoroughbred races run concurrently by   both an in-state and an out-of-state track operator  during  the  period   from   June   first,   nineteen   hundred   seventy-eight   through  May   thirty-first,  nineteen  hundred  seventy-nine   and   each   succeeding   twelve-month   period   thereafter   is  less  than  the  average  daily   distribution to such operators from off-track betting  corporations  and   attributable   to  the  conduct  of  racing  by  a  thoroughbred  racing   association during the base  period  of  June  first,  nineteen  hundred   seventy-seven  through May thirty-first, nineteen hundred seventy-eight,   such operators shall be entitled to  a  credit  against  the  state  tax   imposed   upon   its  pari-mutuel  revenues.  The  tax  credit  for  any    twelve-month period shall be an amount  calculated  by  multiplying  the   shortfall  in  the  average  daily distribution by the number of days in   each twelve-month period that regional  off-track  betting  corporations   conduct  betting  on  thoroughbred  races  run  concurrently  by both an   in-state and an out-of-state track operator.  The  commission  shall  so   certify  to  the department of taxation and finance the amount of credit   applicable to each harness track operator  no  later  than  thirty  days   following the close of each twelve-month period.7. No regional corporation may accept wagers on races run at a harness   track  in  another  state  or  country while a harness track within this   state is  conducting  a  race  meeting  involving  pari-mutuel  betting;   provided,  however, that notwithstanding any inconsistent provisions the   commission may designate no more than fifty harness races  per  year  as   races  of special interest on which off-track pari-mutuel betting may be   accepted by regional corporations.8. Pools permitted by  subdivisions  three,  six  and  seven  of  this   section  shall  be  combined  into  a  single  statewide  pool  for  the   calculation of odds and the determination  of  payouts  which  shall  be   uniform throughout the state.9.  Notwithstanding  any  other provision of this article any regional   corporation having a missed pool as defined in  this  subdivision  shall   dispose  of  such  pool  according  to  rules  and  regulations  of  the   commission, which shall  direct  such  regional  corporations  and  such   missed  pools  to  the  in-state  track conducting the race on which the   wager was placed to be used for the next available common pool.