NY Rac, Pari-Mut Wag & Breeding L § 1003 (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 10 - Simulcast of Horse Races 1003 - Licenses for Simulcast Facilities.

§  1003.  Licenses  for  simulcast  facilities.  1.  (a)  Any racing association or corporation or regional  off-track  betting  corporation, authorized  to conduct pari-mutuel wagering under this chapter, desiring to display the simulcast of horse races  on  which  pari-mutuel  betting shall  be permitted in the manner and subject to the conditions provided for in this article may apply to the commission for a license so to  do. Applications  for licenses shall be in such form as may be prescribed by the commission and shall contain such information or other  material  or evidence  as  the  commission may require. No license shall be issued by the commission authorizing the simulcast  transmission  of  thoroughbred races  from a track located in Suffolk county. The fee for such licenses shall be five hundred dollars per simulcast  facility  and  for  account wagering  licensees that do not operate either a simulcast facility that is open to the public within  the  state  of  New  York  or  a  licensed racetrack  within the state, twenty thousand dollars per year payable by the licensee to the commission for deposit into the general fund. Except as provided in this  section,  the  commission  shall  not  approve  any application to conduct simulcasting into individual or group residences, homes  or  other  areas  for  the  purposes  of  or  in  connection with pari-mutuel wagering.  The  commission  may  approve  simulcasting  into residences,  homes or other areas to be conducted jointly by one or more regional  off-track  betting  corporations  and  one  or  more  of   the following:  a franchised corporation, thoroughbred racing corporation or a  harness  racing  corporation  or  association;   provided   (i)   the simulcasting  consists  only of those races on which pari-mutuel betting is authorized by this chapter at one or more  simulcast  facilities  for each  of  the  contracting  off-track  betting  corporations which shall include wagers made in accordance with section one thousand fifteen, one thousand sixteen and one thousand seventeen of  this  article;  provided further that the contract provisions or other simulcast arrangements for such  simulcast facility shall be no less favorable than those in effect on January first, two thousand five; (ii) that  each  off-track  betting corporation  having  within  its  geographic boundaries such residences, homes or other areas technically  capable  of  receiving  the  simulcast signal  shall be a contracting party; (iii) the distribution of revenues shall be subject to contractual agreement of  the  parties  except  that statutory  payments  to  non-contracting  parties,  if  any,  may not be reduced; provided, however, that nothing herein to  the  contrary  shall prevent  a  track  from  televising  its  races  on  an  irregular basis primarily  for  promotional  or  marketing  purposes  as  found  by  the commission.  For  purposes  of this paragraph, the provisions of section one thousand thirteen of this article shall  not  apply.  Any  agreement authorizing  an  in-home simulcasting experiment commencing prior to May fifteenth, nineteen hundred ninety-five, may,  and  all  its  terms,  be extended  until  June  thirtieth,  two  thousand  twenty-two;  provided, however, that any party to such agreement may elect  to  terminate  such agreement  upon  conveying  written  notice to all other parties of such agreement at least forty-five days prior to the effective  date  of  the termination,  via  registered  mail. Any party to an agreement receiving such notice of an intent to terminate, may  request  the  commission  to mediate  between  the  parties new terms and conditions in a replacement agreement between the parties as will permit continuation of an  in-home experiment  until  June  thirtieth, two thousand twenty-two; and (iv) no in-home simulcasting in the thoroughbred special betting district  shall occur without the approval of the regional thoroughbred track.  (b)  Any  agreement  authorizing in-home simulcasting pursuant to this section shall be in writing, and upon written request, a copy  shall  be provided   to   the   representative  horsemen's  group  of  the  racing  association or  corporation  that  is  party  to  said  agreement.  Such agreement  shall  include a categorical statement of new and incremental expenses directly related and attributable to  the  conduct  of  in-home simulcasting.  The  representative  horsemen's  group may, within thirty days  of  receiving  the  agreement,  petition  the  commission  for   a determination  as  to  the  appropriateness  and  reasonableness  of any expenses attributed by either the racing association or  corporation  or the off-track betting corporation.   2.  Before the commission may grant such license, the commission shall review and approve a plan  of  operation  submitted  by  such  applicant including, but not limited to the following information:   a. A feasibility study denoting the revenue earnings expected from the simulcast  facility  and the costs expected to operate such facility. No feasibility study shall be received for a  simulcast  facility  that  is applying  to  renew its license. The form of the feasibility study shall be prescribed by the commission and may include:  (i) the number of simulcast races to be displayed;  (ii) the types of wagering to be offered;  (iii) the level of attendance expected and the area  from  which  such attendance will be drawn;  (iv) the level of anticipated wagering activity;  (v)  the  source  and  amount  of  revenues  expected  from other than pari-mutuel wagering;  (vi)  the  cost  of  operating  the   simulcast   facility   and   the identification  of  costs to be amortized and the method of amortization of such costs;  (vii) the amount and source  of  revenues  needed  for  financing  the simulcast facility;  (viii)  the  probable  impact of the proposed operation on revenues to local government;   b. The security measures to be employed to protect  the  facility,  to control  crowds,  to safeguard the transmission of the simulcast signals and to control the transmission of wagering data  to  effectuate  common wagering pools;   c.  The  type  of  data  processing,  communication  and  transmission equipment to be utilized;   d. The description  of  the  management  groups  responsible  for  the operation of the simulcast facility;   e.  The  system  of accounts to maintain a separate record of revenues collected by the simulcast facility, the distribution of  such  revenues and the accounting of costs relative to the simulcast operation;   f.  The  location  of  the  facility  and  a written confirmation from appropriate local officials that the location of such facility  and  the number  of  patrons  expected  to occupy such facility are in compliance with all applicable local ordinances;   g. The written agreements and letters  of  consent  between  specified parties  pursuant to sections one thousand seven, one thousand eight and one thousand nine of this article.   3. Within forty-five days of receipt of the plan of operation provided in subdivision two of this section, the commission shall issue an  order approving the plan, approving it with modifications or denying approval, in  which  latter  case the commission shall state its reasons therefor. Within such period the commission may request additional information  or suggest  amendments.  If  the  commission fails to approve the plan, the applicant may request a public hearing to be held within thirty days  of the  issuance  of  an  order  denying it. The commission shall issue its final determination within ten days of such hearing. The  applicant  may submit an amended application no sooner than thirty days after a denial.    4.  No  racing  association,  franchised corporation or corporation or regional off-track betting corporation shall be  allowed  to  operate  a simulcast  facility  except  according  to the provisions of an approved plan of operation. No change in such plan of operation may  occur  until an  amendment  proposing  a  change  to  the  plan  is  approved  by the commission. A plan of operation may be amended from time to time at  the request  of  either  the  operator or the commission. The operator shall have the right to be heard concerning any amendment to the plan and  the commission shall dispose of such proposed amendments as expeditiously as practicable,  but  no later than thirty days following submission by the operator or, in the case  of  amendments  proposed  by  the  commission, objection by the operator.   5.  For  the  purpose  of  maintaining  proper control over simulcasts conducted pursuant to this article, the  commission  shall  license  any person, association or corporation participating in simulcasting, as the commission  may  by rule prescribe, including, if the commission deem it necessary so to do, any or all persons, associations or corporations who create, distribute, transmit or display simulcast signals. In  the  case of thoroughbred racing simulcasting or harness racing simulcasting, such licenses  shall  be  issued  in  accordance  with  and  subject  to  the provisions governing licenses for participants and employees in  article two  or  article three of this chapter as may be applicable to such type of racing.