NY Rac, Pari-Mut Wag & Breeding L § 1008 (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 10 - Simulcast of Horse Races 1008 - Simulcasts to Off-Track Branch Offices.

§  1008. Simulcasts to off-track branch offices. 1. The commission may in accordance with the provisions of section one thousand three of  this article  and section five hundred twenty-three of this chapter authorize and approve an application  for  licenses  submitted  by  any  off-track betting  corporation  to  display  the  simulcasts  of  racing  from any thoroughbred or harness racing association or corporation located in the state.   2. Such application shall include, but not be limited to, a copy of  a written  agreement between the sending track and such regional off-track betting corporation and the following:   a. The location of each branch office to display the simulcast;   b. Any remuneration the sending track will receive in addition to  the provisions of section five hundred twenty-seven of this chapter; and   c.  (i)  Except  as  provided in section one thousand thirteen of this article, if such sending track  is  not  a  thoroughbred  track  in  the Catskill  region  conducting a mixed meeting, letters of consent to such agreement by the regional  track  or  tracks  conducting  a  meeting  or meetings  of  the  same  type  of  racing  during  the  period for which simulcasting is proposed. For purposes of this article,  a  track  first licensed  to  conduct  pari-mutuel  racing after January first, nineteen hundred eighty-five, shall  not  be  considered  a  regional  track  for purposes  of  applicable  letters of consent as required in this section and section one thousand nine of this  article.  Such  period  shall  be defined  as  a twenty-four hour day from midnight to midnight. For those tracks located in the city of New York or the counties of Westchester or Nassau, such period shall be limited to the same time of day, defined as afternoon against  afternoon,  twilight  against  twilight  and  evening against  evening,  the  hours for which shall be as further specified by the commission.  (ii) For any simulcasting facility located within an area of a  circle whose  radius is forty miles, the center of which shall be measured from a regional track, and as provided in section one  thousand  thirteen  of this  article,  the commission shall not approve such application unless such regional track, as described in subparagraph (i) of this paragraph, has given its written  authorization,  provided  however,  that  between thirty-one  and  forty  miles  such  approval  shall not be unreasonably withheld. Such approval  shall  not  be  required  if  the  simulcasting facility  is  located  without  the  forty mile radius or if the sending track is a thoroughbred track in the Catskill region conducting a  mixed meeting.  Such written authorization shall not be required nor shall the provisions of section five hundred twenty-three of this chapter apply to those races that such regional track may elect to receive as a simulcast race during its regularly scheduled race meeting.   2-a.  In  the  interest  of  providing  maximum  distribution  of  the simulcast  signal of New York pari-mutuel races among regional off-track betting corporations, whenever  a  sending  track  makes  its  simulcast signal available to an off-track betting region authorized to accept its wagers,  such sending track shall make its simulcast signal available to all such regions authorized to accept  its  wagers  in  accordance  with section  five  hundred twenty-three of this chapter, and subdivision two of this section. In the  event  the  sending  track  and  the  off-track betting  corporations  are  unable  to  agree  upon terms, including the identification of branch offices required to receive  the  signal,  such terms,  conditions  and  consideration  shall  be  determined by binding arbitration as  provided  in  section  one  thousand  thirteen  of  this chapter.    3. Off-track betting simulcast pools shall be distributed according to the  provisions  of  section  five hundred twenty-seven of this chapter, except that:   a.  The  share so retained by the off-track betting corporation may be divided in a manner determined by contractual agreement; and   b. Of the sums received by the sending track, fifty percent  shall  be distributed  to  purses  in  addition  to moneys distributed pursuant to section five hundred twenty-seven of this chapter. The off-track betting corporation shall pay to the commission as a regulatory fee,  which  fee is hereby levied, six-tenths of one percent of the total daily pools.   4.  a. Notwithstanding any other provision of law to the contrary, the commission may authorize a regional  off-track  betting  corporation  to amend  its  plan  of  operation  to  provide  for  the  sale of food and non-alcoholic beverages within its  simulcasting  facilities.  For  such facilities  when  facilities  of  a  hotel  or  restaurant as defined in section three of the alcoholic beverage control law are used, and  table service  for  at  least  twenty-four persons is provided, the commission may,  in  its  discretion,  authorize  a  regional   off-track   betting corporation  to  amend  its plan of operation to provide for the sale of beer, wine and liquor, in accordance with all applicable state and local licensing  requirements.  The  commission  shall  promulgate  rules  and regulations  to  carry  out  the provisions of this subdivision with the intent that such sale of food,  alcoholic  and  non-alcoholic  beverages shall  be  in accordance with appropriate health and sanitary codes, and shall not include sales on credit except such sales using a  third-party credit  card.  With  respect  to the sale of beer, wine and liquor, said rules and regulations shall provide requirements  for  seating  capacity and  the  minimum number of tables, which in no event shall be less than six.   b. (i) Regional off-track betting corporations shall have  the  option of  charging  an  admission fee to simulcasting facilities authorized to sell food, alcoholic or non-alcoholic beverages pursuant to paragraph  a of  this  subdivision.  The  amount  of such fee shall be subject to the approval of the commission.  (iii) Any county (except a county wholly within a city)  or  city,  or both,  in  which  such  simulcasting  facility  is  located,  is  hereby authorized and empowered to adopt and amend local laws imposing a tax on such admission fee at a rate  not  to  exceed  fifteen  percent  of  the admission  fee. The provisions of article eight of this chapter relating to the administration and collection  of  the  taxes  authorized  to  be imposed  by  such article (including the provisions relating to judicial review) shall apply to a tax imposed pursuant to the authority  of  this subparagraph,  in  the same manner and with the same force and effect as if the language of such provisions had been incorporated  in  full  into this  subparagraph  and  expressly  referred  to  a tax authorized to be imposed pursuant to this subparagraph, except to  the  extent  that  any such   provision  is  either  inconsistent  with  a  provision  of  this subparagraph or is not relevant to this subparagraph.   5. a. As a condition to receiving simulcasts in any branch office from any sending track a regional off-track betting corporation located in  a city  with  a population of one million shall simulcast the thoroughbred and quarter horse races of a thoroughbred track located in the  Catskill region conducting a mixed meeting in all such branches that will receive the  simulcasts  of any other thoroughbred or harness horse races on any day  that  such  thoroughbred  track  in  the  Catskill  region  may  be conducting  a  mixed  meeting and offers such simulcasts of its races to such corporation, provided, however, that the costs associated with  the  transmission  and  receipt  of the simulcast signal of such thoroughbred track located in the Catskill region shall be borne by such track.   b.   Any  branch  office  that  receives  such  simulcast  signal  for forty-five days may cease receiving such signal if the off-track betting operator justifies to the commission that the  opening  of  such  branch office  has  sustained  economic loss during such forty-five day period. Provided, however, the track and off-track betting operator  may  waiver this provision by contract.