2023 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.