2023 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-five; 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-five; 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.