2023 New York Laws › PML - Racing, Pari-Mutuel Wagering and Breeding Law › Article 5-A - Off-Track Pari-Mutuel Betting › 526 - Use of Track Facilities; Combined Pools.

§ 526. Use of track facilities; combined pools. In order to effectuate
  the general policy of this article that off-track and on-track wagers be
  combined  into  single  pools to provide uniform odds and payouts, track
  operators shall be subject to the requirements of this section.
1. a. At the request of  a  regional  corporation,  a  track  operator
  conducting  a  race  meeting  at a track in this state, shall, upon such
  terms and conditions as may be agreed upon  by  such  operator  and  the
  corporation   subject   to  the  approval  of  the  commission,  provide
  appropriate space and facilities at its track  whereby  the  corporation
  may  perform  the  functions  hereinafter  described with respect to the
  transmission and reception of wagering and racing information; provided,
  however, that payments to the track operator pursuant  to  section  five
  hundred   twenty-seven   of   this  article  shall  be  deemed  adequate
  consideration for the occupancy of vacant space at such track or the use
  of existing facilities. The terms and conditions shall provide that  the
  corporation  shall  bear  the cost of any additional office space or the
  installation,  leasing,  operation,   maintenance   and   servicing   of
  additional facilities or equipment.
b.  In  the event that a corporation and such operator shall be unable
  to agree upon the space and facilities of such track to be  provided  to
  the corporation by such operator, or the terms and conditions of the use
  and  occupancy  thereof  by  the corporation, the commission shall, upon
  application in writing  made  either  by  the  corporation  or  by  such
  operator,  determine the appropriate space and facilities to be provided
  to such corporation and the terms, conditions and costs of its  use  and
  occupancy by such corporation.
c.  Upon  the  decision  of  the  commission, the corporation shall be
  entitled  to  use  and  occupy  immediately  the  space  and  facilities
  prescribed  by the commission, upon the terms and conditions established
  by the commission.
2. No track operator shall prevent a regional corporation  from  using
  and   occupying   the  space  and  facilities  prescribed  according  to
  subdivision one of this section, nor fail to cause off-track  wagers  to
  be  combined  with on-track wagers into single pools, provided off-track
  wagering information is transmitted to the  track  in  an  accurate  and
  timely  fashion,  nor prevent such transmission of racing information by
  the regional corporation to its offices as may be  consistent  with  the
  regulations of the commission.
3.  The commission shall be entitled to the use and occupancy of space
  and facilities upon reasonable  terms  in  like  manner  as  a  regional
  corporation whenever the commission shall so require in order to perform
  its  statewide  transmission  function  pursuant to section five hundred
  twenty-five of this article. Any claim arising from such  occupancy  and
  use shall be determined by the court of claims.
4.  The  commission,  on  its  own  behalf  or on behalf of a regional
  corporation, may apply to the supreme court for an injunction  directing
  any  track  operator to comply with this section. In any such action the
  commission shall not be required to post bond or security.
5. Nothing contained in this section shall be construed  as  requiring
  the  commission  or  any  regional  corporation to pay or deliver to any
  track operator any sum received from any bettor as a wager or otherwise,
  but the net amount due from the commission or such regional  corporation
  to  the  operator,  in the event that payments to winning bettors at the
  track exceed the portion of the pari-mutuel pool  attributable  to  such
  bettors,  or  the  net amount due from the operator to the commission or
  regional corporation, in the event that payments to winning bettors  off
  the  track  exceed  the  portion of the pari-mutuel pool attributable to

  such bettors, as the case may be, shall be paid within seven days  of  a
  race.