2023 New York Laws › PML - Racing, Pari-Mutuel Wagering and Breeding Law › Article 5-A - Off-Track Pari-Mutuel Betting › 523 - General Limitations on Off-Track Betting.

§ 523. General limitations on off-track betting.  The commission shall
  require  that  any  regional  corporation  conduct off-track pari-mutuel
  betting in accordance with this section.
1. The system of  off-track  betting  operated  by  such  corporation,
  except  as  otherwise  provided  in  this  section,  shall result in the
  combination of all off-track  wagers  with  on-track  wagers  so  as  to
  produce common pari-mutuel betting pools for the calculation of odds and
  the  determination  of payouts from such pool, which payout shall be the
  same for all winning tickets, irrespective of whether a wager is  placed
  off-track or on-track.
2.  Exotic  and  multiple  bets  on  races run within the state may be
  approved by the commission without a comparable on-track pool,  provided
  that  the  corporation  or  association conducting such races shall have
  filed with the commission a written consent for such off-track exotic or
  multiple bets on races held at its track.
3. The commission may approve separate off-track pools on races run in
  other  states  subject  to  the  limitations  of  this  section  and  of
  subdivision eight of this section in particular.
4.  No regional corporation authorized to conduct off-track betting by
  the commission shall accept off-track wagers on races run at any harness
  track located without its region while a harness track within its region
  is conducting a race meeting involving pari-mutuel betting  without  the
  approval  of  the  regional  operating harness track; provided, however,
  that for the purposes of  this  subdivision,  the  Suffolk  region,  the
  Nassau region, the New York city region, and the portion of the Catskill
  region  outside  a special betting district shall be considered a single
  region; and further provided, however, that for  the  purposes  of  this
  subdivision,  there shall be created a harness special betting district,
  consisting of the counties  of  Cayuga,  Chenango,  Cortland,  Franklin,
  Herkimer,  Jefferson,  Lewis, Madison, Oneida, Onondaga, Oswego, Otsego,
  St. Lawrence and Tompkins in which no off-track betting on races run  at
  a harness track without such special betting district shall be permitted
  while a harness track within such special betting district is conducting
  a race meeting involving pari-mutuel betting.
4-a. Notwithstanding any inconsistent provision of subdivision four of
  this   section,  regional  off-track  betting  corporations  are  hereby
  authorized and empowered in each year to  accept  wagers  on  the  races
  known as the "Dr. Harry M. Zweig Memorial Trot" and "Empire Commission's
  Cup"  (A  pace)  to  be  run  under  the  auspices of the New York State
  Industrial Exhibit Authority.
5. Except for races conducted by a thoroughbred track in the  Catskill
  region  during  a  mixed  meeting,  no regional corporation shall accept
  wagers on any thoroughbred or steeplechase race run on any  thoroughbred
  or steeplechase track located without its region while a thoroughbred or
  steeplechase  track  within  its  region  is  conducting  a race meeting
  involving pari-mutuel betting without  the  approval  of  the  operating
  regional  thoroughbred  or  steeplechase track, except that the Catskill
  and Suffolk regional corporations may accept wagers on any  thoroughbred
  track outside its region while a thoroughbred track within the region is
  conducting such a race meeting provided the regional corporation accepts
  wagers  on such track within the region; provided, however, that for the
  purposes of this subdivision, there  shall  be  created  a  thoroughbred
  special  betting  district,  consisting  of  the  counties  of  Orleans,
  Genesee, Wyoming, Allegany, Monroe, Livingston, Steuben, Wayne, Ontario,
  Yates, Seneca, Schuyler, Cayuga, Tompkins,  Onondaga  and  Cortland,  in
  which   no   off-track  betting  on  races  run  at  a  thoroughbred  or
  steeplechase track without such special district including such a  track
  within  the  Catskill  region shall be permitted while a thoroughbred or

  steeplechase track within such special district  is  conducting  a  race
  meeting  involving  pari-mutuel  betting  without  the  approval  of the
  operating  regional  thoroughbred  or  steeplechase   track;   provided,
  however, that within such district in the counties of Wyoming, Allegany,
  Steuben  and  Schuyler  off-track  betting  on races run at a track by a
  franchised corporation without such special district shall be permitted.
  Notwithstanding  any  inconsistent  provision  in  the  foregoing,   the
  regional  off-track  betting  corporations  are  hereby  authorized  and
  empowered to accept all wagers on races known as the  "Belmont  Stakes",
  the  "Travers  Stakes",  the  "Breeders'  Cup  Series" and the "New York
  Derby"; and such corporation,  outside  of  a  harness  special  betting
  district,  is  hereby  authorized  and empowered to accept wagers on the
  races comprising the seven-day  race  meeting  known  as  the  "Syracuse
  Mile".
6.  a.  No  regional  corporation  may accept wagers on races run at a
  thoroughbred or steeplechase track in another state or country  while  a
  thoroughbred  or  steeplechase  track  within this state is conducting a
  race meeting involving  pari-mutuel  betting;  provided,  however,  that
  notwithstanding any inconsistent provision, the commission may designate
  no  more  than  fifteen  thoroughbred  or steeplechase races per year as
  races of special interest on which off-track pari-mutuel betting may  be
  accepted by regional corporations, provided further that for purposes of
  this  subdivision the acceptance of wagers on a series of races known as
  the "Breeders' Cup" shall be considered  as  a  single  thoroughbred  or
  steeplechase  race  of  special  interest  and  all  such races shall be
  determined in accordance with article nine of this chapter.
b. When a  race  meeting  is  not  being  conducted  by  a  franchised
  corporation  and  a  thoroughbred  race  meeting is being conducted at a
  track located within the thoroughbred special betting district, regional
  corporations  and  portions  of  regional  corporations   outside   such
  district, shall, in addition to accepting wagers on races at such track,
  also  be permitted to accept wagers on thoroughbred races run in another
  state. In the event that wagers are accepted on  races  run  at  both  a
  track  located  in  the  thoroughbred  special betting district and at a
  track located in another state, the balance of  the  amount  payable  to
  tracks  within  this state pursuant to paragraph f of subdivision one of
  section five hundred twenty-seven of this article, but (i) not less than
  one percent on regular and multiple wagering and two percent  on  exotic
  wagers,  shall  be  paid  to  the  track located within the thoroughbred
  special betting district running thoroughbred races, and (ii)  not  less
  than  three-quarters of one percent of regular and multiple wagering and
  one and one-quarter percent on  exotic  wagers  shall  be  paid  to  the
  harness  track operator conducting racing within the region within which
  the wagers on such out-of-state races are placed.
c. If as a result of the authorization granted in paragraph b of  this
  subdivision,  the  average daily distribution to harness track operators
  from regional off-track betting corporations  and  attributable  to  the
  conduct  of  off-track betting on thoroughbred races run concurrently by
  both an in-state and an out-of-state track operator  during  the  period
  from   June   first,   nineteen   hundred   seventy-eight   through  May
  thirty-first,  nineteen  hundred  seventy-nine   and   each   succeeding
  twelve-month   period   thereafter   is  less  than  the  average  daily
  distribution to such operators from off-track betting  corporations  and
  attributable   to  the  conduct  of  racing  by  a  thoroughbred  racing
  association during the base  period  of  June  first,  nineteen  hundred
  seventy-seven  through May thirty-first, nineteen hundred seventy-eight,
  such operators shall be entitled to  a  credit  against  the  state  tax
  imposed   upon   its  pari-mutuel  revenues.  The  tax  credit  for  any

  twelve-month period shall be an amount  calculated  by  multiplying  the
  shortfall  in  the  average  daily distribution by the number of days in
  each twelve-month period that regional  off-track  betting  corporations
  conduct  betting  on  thoroughbred  races  run  concurrently  by both an
  in-state and an out-of-state track operator.  The  commission  shall  so
  certify  to  the department of taxation and finance the amount of credit
  applicable to each harness track operator  no  later  than  thirty  days
  following the close of each twelve-month period.
7. No regional corporation may accept wagers on races run at a harness
  track  in  another  state  or  country while a harness track within this
  state is  conducting  a  race  meeting  involving  pari-mutuel  betting;
  provided,  however, that notwithstanding any inconsistent provisions the
  commission may designate no more than fifty harness races  per  year  as
  races  of special interest on which off-track pari-mutuel betting may be
  accepted by regional corporations.
8. Pools permitted by  subdivisions  three,  six  and  seven  of  this
  section  shall  be  combined  into  a  single  statewide  pool  for  the
  calculation of odds and the determination  of  payouts  which  shall  be
  uniform throughout the state.
9.  Notwithstanding  any  other provision of this article any regional
  corporation having a missed pool as defined in  this  subdivision  shall
  dispose  of  such  pool  according  to  rules  and  regulations  of  the
  commission, which shall  direct  such  regional  corporations  and  such
  missed  pools  to  the  in-state  track conducting the race on which the
  wager was placed to be used for the next available common pool.