2023 New York Laws › PML - Racing, Pari-Mutuel Wagering and Breeding Law › Article 10 - Simulcast of Horse Races › 1012 - Account Wagering.

§  1012.  Account  wagering.  Racing  associations  and  corporations,
  franchised   corporations,   off-track    betting    corporations    and
  multi-jurisdictional   account  wagering  providers  may  apply  to  the
  commission to be licensed to offer account wagering.
1. Racing  associations  and  corporations,  franchised  corporations,
  off-track betting corporations and multi-jurisdictional account wagering
  providers   may   form   partnerships,  joint  ventures,  or  any  other
  affiliations or contractual arrangement in order to further the purposes
  of  this  section.  Multi-jurisdictional  account   wagering   providers
  involved  in  such  joint affiliations or contractual arrangements shall
  follow  the  same  distributional  policy  with  respect   to   retained
  commissions  as a multi-jurisdictional account wagering provider defined
  in this article.
2. The commission shall promulgate rules and  regulations  to  license
  and regulate all phases of account wagering.
3. The commission shall specify a non-refundable application fee which
  shall  be  paid  by  each  applicant  for an account wagering license or
  renewal thereof.
4. Account wagering licensees shall  utilize  personal  identification
  numbers  and  such  other  technologies as the commission may specify to
  assure that only the account holder has access to  the  advance  deposit
  wagering account.
5.  Account  wagering licensees shall provide for: a. withdrawals from
  the wagering account only by means  of  a  check  made  payable  to  the
  account holder and sent to the address of the account holder or by means
  of  an  electronic  transfer  to an account held by the verified account
  holder or b. that  the  account  holder  may  withdraw  funds  from  the
  wagering  account at a facility approved by the commission by presenting
  verifiable personal and account identification information.
6. Account  wagering  licensees  may  engage  in  interstate  wagering
  transactions  only where there is compliance with chapter fifty-seven of
  title fifteen of the United States code, commonly  referred  to  as  the
  "interstate horse racing act".
7.  The  account  holder's  deposits  to the wagering account shall be
  submitted by the account holder to the  account  wagering  licensee  and
  shall  be  in  the  form  of  one of the following: a. cash given to the
  account wagering licensee; b. check, money order,  negotiable  order  of
  withdrawal,  or wire or electronic transfer, payable and remitted to the
  account wagering licensee; or c. charges made  to  an  account  holder's
  debit  or  credit  card  upon  the  account holder's direct and personal
  instruction, which instruction may be given by  telephone  communication
  or  other electronic means to the account wagering licensee or its agent
  by the account holder if the use of the card has been  approved  by  the
  account wagering licensee.
8.  a.  Each  wager shall be in the name of a natural person and shall
  not  be  in  the  name  of  any  beneficiary,  custodian,  joint  trust,
  corporation, partnership or other organization or entity.
b.  A  wagering  account  may be established by a person completing an
  application form approved by the commission and submitting  it  together
  with  a  certification,  or other proof, of age and residency. Such form
  shall include the address of the principal residence of the  prospective
  account  holder and a statement that a false statement made in regard to
  an application may subject the applicant to prosecution.
c.  The  prospective  account  holder  shall  submit   the   completed
  application  to  the  account  wagering  licensee.  The account wagering
  licensee may accept or reject an application after receipt and review of
  the application and certification, or other proof, of age and  residency
  for compliance with this section.
d.  No  person other than the person in whose name an account has been
  established may issue wagering instructions relating to that account  or
  otherwise engage in wagering transactions relating to that account.
9.   A   wagering   account  shall  not  be  assignable  or  otherwise
  transferable.
10. Except as otherwise provided in this  article  or  in  regulations
  which  the  commission  may  adopt  pursuant thereto, all account wagers
  shall be final and no wager shall be canceled by the account  holder  at
  any  time  after  the  wager  has  been accepted by the account wagering
  licensee.
11. Dormant accounts shall be treated as abandoned  property  pursuant
  to section three hundred of the abandoned property law.
12.  Account  wagering  providers must possess appropriate totalizator
  and accounting controls that will safeguard the transmission of wagering
  data and will keep a system of accounts which will maintain  a  separate
  record  of revenues and an accounting of costs relative to the operation
  of the wagering provider.
13. Wagers placed with the account wagering providers shall result  in
  the  combination  of  all  wagers  placed  with  such  provider with the
  wagering pools at the host track so as  to  produce  common  pari-mutuel
  betting  pools  for  the  calculation  of  odds and the determination of
  payouts from such pools, which payout shall be the same for all  winning
  tickets, irrespective of whether a wager is placed at a host track or at
  an account wagering provider.
14.  Any  account  wagering  licensee  may  require  a minimum account
  balance in an amount to be determined by such entity.
15.  a.  Any  regional  off-track  betting  corporation  may   suspend
  collection   of   the  surcharge  imposed  under  section  five  hundred
  thirty-two of this chapter on winning wagers placed in wagering accounts
  maintained by such regional corporation.
b. In a city of one million or more  any  regional  off-track  betting
  corporation,  with  the  approval of the mayor of such city, may suspend
  collection  of  the  surcharge  imposed  under  section   five   hundred
  thirty-two of this chapter in winning wagers placed in wagering accounts
  maintained by such regional corporation.
16.  The  maintenance and operation of such wagering accounts provided
  for in this section shall be subject to rules  and  regulations  of  the
  commission.   The   commission   shall  include  in  such  regulation  a
  requirement that wagering account information  pertaining  to  surcharge
  and nonsurcharge wagering accounts shall be separately reported.
17.  For  the  purposes of this section, "telephone wagering accounts"
  shall mean and include all those  wagers  which  utilize  any  wired  or
  wireless  communications  device,  including but not limited to wireline
  telephones,  wireless  telephones  and  the  internet  to  transmit  the
  placement  of wagers on races and special events offered by any regional
  off-track betting corporation, and any  harness,  thoroughbred,  quarter
  horse  racing  association  or  corporation  licensed  or  franchised to
  conduct pari-mutuel racing in this state.
18.  Every  racing   association,   off-track   betting   corporation,
  franchised  corporation,  harness,  thoroughbred,  quarter  horse racing
  association or corporation or other entity  licensed  or  franchised  in
  this  state to conduct pari-mutuel racing and wagering, or authorized to
  conduct races within the state, which operates a  wagering  account  for
  the acceptance of wagers, shall locate the call center where such wagers
  are received within the state of New York.