NY Rac, Pari-Mut Wag & Breeding L § 521 (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 5-A - Off-Track Pari-Mutuel Betting 521 - Approval of Plans of Operation; Amendments.

§  521.  Approval  of  plans  of  operation;  amendments.  In order to accomplish the objectives of this article, the commission shall have the power, subject to the provisions of this article  but  without  limiting the  generality  of  any provision of this chapter, to approve a plan of operation submitted by any regional corporation  created  under  article five of this chapter.   1.  Before the commission may grant such approval, the commission must review and approve a feasibility study submitted  by  such  corporation, including but not limited to the following subjects:   a.  the  overall  practicability  of  establishing  and  operating  an efficient and profitable system of off-track betting in such  region  or in such counties that have elected to participate in the corporation;   b. the potential market;   c. the estimated costs of operation;   d. the probable types of wagering and number of opportunities required for successful operation; and   e.  the  probable  impact  of  the  proposed  operation  upon on-track attendance and pari-mutuel betting within  the  region.  The  commission may,   within   the  time  provided  for  approval,  request  additional information from the corporation. Disapproval of the  feasibility  study shall be accompanied by a statement of the reasons therefor and shall be treated  as  disapproval  of  a  plan  under  subdivision  three of this section.   2. The plan of operation shall include the following:   a. the organizational  structure  of  the  corporation  including  the approximate number and compensation of employees;   b. a narrative description of the system;   c.  the  types  and approximate cost of data processing, communication and  transmission  facilities  that  will  be  used,  including  back-up systems;   d. security measures;   e. the type and number of betting opportunities to be offered;   f. the race tracks and races for which bets will be taken;   g. the maximum and minimum number of retail outlets or betting offices to be established;   h. the proposed system of accounts; and   i. the amount and proposed sources of financing.   3.  Within  ninety  days of receipt of the feasibility study and plan, the commission shall issue an order approving  the  plan,  approving  it with modifications or denying approval and stating its reasons therefor. Within  such period the commission may request additional information or suggest amendments. If the commission fails to approve the plan  without modification,  the  corporation  may request a public hearing to be held within thirty days of the issuance of an order approving an  application with  modifications  or denying it. The commission shall issue its final determination within ten days  of  such  hearing.  The  corporation  may submit an amended application no sooner than ninety days after a denial.   4. A plan of operation may be amended from time to time at the request of  either the corporation or the commission. The corporation shall have the right to be heard concerning any  amendment  to  the  plan  proposed after  implementation  and the commission shall dispose of such proposed amendments as expeditiously as practicable, but  no  later  than  thirty days  following  submission  by  the  corporation  or,  in  the  case of amendments proposed by the commission, objection by the corporation.   5. Any arrangements for  telecasts  or  broadcasts  of  running  races pursuant  to  contracts  with track operators shall constitute a part of the plan of operation, or an amendment thereto, as the case may be.    6. The plan of operation  of  the  New  York  city  off-track  betting corporation  in  effect  on  July first, nineteen hundred seventy-three, shall be deemed approved by the  commission,  but  shall  thereafter  be subject to the general jurisdiction of the commission in the same manner as are the plans of other regional corporations.   7.  a.  The  city  of  Schenectady  may  continue to operate off-track pari-mutuel betting within such city, subject to the jurisdiction of the commission, until the commission approves a plan of operation  submitted by  the Capital District regional off-track betting corporation and such plan of operation is implemented; provided,  however,  that  during  any period  that  the  city  of  Schenectady  continues to operate off-track pari-mutuel betting within such city pursuant to  this  subdivision,  it may  accept  off-track  wagers  on races at any harness track within the state which so agrees subject to the approval of  the  commission  until such  time  as the harness track located within the Capital District and the city of Schenectady mutually agree on the provision  of  appropriate space  and  facilities at such track for such city and such agreement is implemented. Such plan  of  operation  shall  make  due  provision  with respect  to  investments and obligations of the city of Schenectady made or incurred in the  operation  of  off-track  pari-mutuel  betting.  The county of Schenectady shall reimburse the city of Schenectady on account of  lost revenues from the operation of off-track betting. The amount of reimbursement shall be calculated under the rules of the  commission  to guarantee  that  the  city shall receive annually an amount equal to the net revenue received  from  off-track  betting  for  the  calendar  year nineteen hundred seventy-three or a percent of the net revenues received by such county obtained by dividing the bets originating in such city by the  bets  originating  in  such  county during the distribution period, whichever is less. Reimbursement shall continue  for  a  period  of  ten years and shall be made in substantially equal quarterly payments.   b.  Until such time as the Capital District regional off-track betting corporation's plan of operation has been approved by the commission  and the  county of Schenectady has enacted enabling legislation to join such corporations and such county's participation has been  implemented,  the city  of  Schenectady  shall  have  all  the  rights, powers, duties and obligations of the county of Schenectady under this  chapter,  including but  not  limited  to  the right to participate in the formation of such corporation or subsequently to participate in the operation thereof,  as the  case may be, except that the geographical boundaries of such city's participation shall be limited to the city of Schenectady.   8. The commission may authorize and approve:   a. an application submitted by the New  York  city  off-track  betting corporation  to  amend its plan of operation, pursuant to the provisions of this section, to provide for the display in no more than two existing facilities within Richmond county of telecasts of live audio and  visual signals  of  harness  racing  from  any  harness  racing  association or corporation within its region; provided, however, that  (i) the association or corporation conducting such racing has  entered into  a  written  agreement  for  such  telecasts with the New York city off-track  betting  corporation  pursuant  to   section   five   hundred twenty-seven  of  this chapter, which agreement shall terminate no later than the thirtieth day of June, nineteen hundred eighty-five,  (ii) all expenses incurred in the implementation of such amendment  to its  plan  of operation for such telecasting shall be the responsibility of the New York city off-track betting corporation, and  (iii) the commission shall submit reports  to  the  governor  and  the legislature   evaluating   the   results   of  such  experiment  on  the compatibility with the well-being  of  the  horse  racing  and  breeding  industries  in  this  state,  and its effect on handle and attendance at off-track   facilities   within   Richmond   county,    and    including recommendations  regarding  the  future authorization of the telecast of live audio and visual signals into off-track betting facilities; and   b.   one   other   application   submitted  by  an  off-track  betting corporation, other than the New York city off-track betting corporation, to amend its plan of operation,  pursuant  to  the  provisions  of  this section,  to  provide  for the display in two existing facilities within its region of telecasts of live audio  and  visual  signals  of  harness racing  from  any  harness  racing association or corporation within its region; provided however, that  (i) the association or corporation conducting such racing has  entered into  a written agreement for such telecasts with such off-track betting corporation pursuant  to  section  five  hundred  twenty-seven  of  this chapter, which agreement shall terminate no later than the thirtieth day of June, nineteen hundred eighty-five,  (ii)  all expenses incurred in the implementation of such amendment to its plan of operation for such telecasting shall be  the  responsibility of the off-track betting corporation, and  (iii)  the  commission  shall  submit  reports to the governor and the legislature  evaluating  the  results  of   such   experiment   on   the compatibility  with  the  well-being  of  the  horse racing and breeding industries in this state, and at off-track facilities within its region, and including recommendations regarding the future authorization of  the telecast  of  live  audio  and  visual  signals  into  off-track betting facilities.   c. provided, however,  that  such  audio  and  visual  telecasts  into approved facilities shall commence no earlier than sixty days after such telecasts  have  been  approved. During such time, the off-track betting corporation shall provide to the commission daily data, to  include  but not  be  limited  to,  wagers,  separately by type of racing and wagers, attendance and promotion expenditures of such facilities in such  manner as  the  commission  may  require.  Such  data  shall  be  used  as  the pre-telecast base to evaluate the impact of such telecasts. In addition, such similar  data  and  information  shall  also  be  supplied  to  the commission  during  the  period  that  such telecasts are authorized. No change in the types of wagers offered to patrons  may  be  made  without prior  written  approval  by  the  commission of at least thirty days in advance of such requested change.