2023 New York Laws › PML - Racing, Pari-Mutuel Wagering and Breeding Law › Article 9 - Miscellaneous › 901 - Reduction in Retained Commission.

§  901.  Reduction  in  retained  commission.  1.  Notwithstanding the
provisions of subdivision two of section five  hundred  twenty-three  of
this  chapter, the commission shall authorize regional off-track betting
corporations  to  accept   additional   wagers   on   multiple   betting
opportunities on races conducted by any franchised corporation.
A  franchised  corporation  may elect to offer such similar additional
daily double and quinella wagering  opportunities.  If  such  franchised
corporation  offers  two  or  more  quinellas,  as  defined  herein, the
provisions of section five hundred  twenty-three  of  this  chapter,  as
modified  by  the  provisions of subdivisions one, two and three of this
section, with respect to combined pools shall apply with respect to such
wagering opportunities. At any time such a franchised  corporation  does
not  offer  at  least  two quinellas, the provisions of this subdivision
with respect to separate authorizations for regional corporations  shall
remain in effect with respect to such quinella wagers.
At  any  time  such  franchised  corporation  does  not  offer such an
additional daily double, the provisions of this subdivision with respect
to separate authorizations for regional  corporations  shall  remain  in
effect with respect to such an additional daily double wager.
Whenever regional off-track betting corporations offer wagers pursuant
to  this subdivision that are not combined in a common pool with similar
on-track wagers, the provisions of subdivision  eight  of  section  five
hundred twenty-three of this chapter shall apply to such wagers.
2.  a.  In  addition to the authority granted under subdivision one of
this section, the commission shall require, under conditions subject  to
its approval, the franchised corporation to provide direct transmissions
into  selected  regional off-track facilities of a current "live call of
the race," defined as the current positions of the horses  at  specified
places  on  the  track  during  the  race. The track operator itself may
perform the broadcast; or, provide appropriate space and  facilities  to
enable  a  single,  alternative broadcast to be performed solely for the
use of regional off-track betting  corporations,  the  expense  of  such
alternative  broadcast to be borne by such regional corporations, at the
discretion  of  such  regional  corporations.  In   either   case,   all
incremental  transmission  costs  are  to  be  borne  by  such  regional
corporations.
b. The regional off-track betting facilities, each of which shall have
been in operation for  six  months  or  more  prior  to  receiving  such
transmissions and at least forty percent of which shall have had a total
pool on races of such franchised corporation during such period equal to
or  greater than the median pool on such races in all such facilities in
such county, that shall receive such  transmissions  are  authorized  as
follows,  provided  that  such  requirements with respect to duration of
operation and total pool shall not apply to facilities in the  New  York
city region:
(i) for the New York city region, any facility, located more than five
miles   from   any  thoroughbred  racetrack  operated  by  a  franchised
corporation, for which the New York city off-track  betting  corporation
requests such transmissions of such franchised corporation.
(ii)  for  the  Nassau region, one facility located at least ten miles
from any thoroughbred racetrack operated by a franchised corporation.
(iii) for the Suffolk region, one facility.
(iv) for the  Catskill  and  Western  regions,  six  facilities  each,
provided,  however,  that  no such transmissions are authorized into the
portion of the Western and Catskill regions in the thoroughbred  special
betting  district  on those days that a thoroughbred track is conducting
racing in such special betting district.
(v)  for  the  Capital  District  region,  six  facilities,  provided,
however,  that  no  such  transmissions  are authorized into the Capital
District  region  on  those  days  that  a  franchised  corporation   is
conducting  races at a track located within such region. Nothing in this
subparagraph  shall  prohibit  such  region and a franchised corporation
from entering  into  an  agreement  to  provide  such  transmissions  in
additional facilities subject to the restrictions in this subparagraph.
c.  The  commission  shall  approve  the request of each such regional
off-track  betting  corporation  to  transmit  the  call  of  the  race,
beginning   January   first,  nineteen  hundred  seventy-nine,  into  an
additional, like number of facilities as specified  in  paragraph  b  of
this  subdivision  and  subject  to  the  conditions  in such paragraph.
Provided,  however,  that  nothing  shall   prohibit   such   franchised
corporation  from  entering into agreements with such regional off-track
betting  corporations  designating  additional  facilities  within   the
regions of such regional off-track betting corporations that may offer a
"live  call  of  the  race",  except  that  no  such  transmissions  are
authorized into the portion of the Western and Catskill regions  in  the
thoroughbred  special betting district on those days that a thoroughbred
track is conducting racing in such special betting district.
d. Notwithstanding any provisions to the contrary in this subdivision,
during and only during the period that such franchised corporation shall
conduct races at a racetrack not within the counties of Suffolk,  Nassau
and  the  five  counties  comprising  the  city  of  New York, the track
operator  for  such  franchised   corporation   shall   provide   direct
transmissions  into  all of the facilities operated by off-track betting
corporations, except those within the Capital District  region  and  any
facilities  within  a  thoroughbred special betting district, other than
those facilities authorized to accept wagers on races conducted by  such
franchised  corporation,  on those days that a thoroughbred racetrack is
conducting racing in such special betting district, of a  current  "live
call  of  the  race"  as defined, and subject to the conditions provided
for, in paragraph a of  this  subdivision.  Provided,  however,  nothing
shall  prohibit  such  franchised  corporation  from  entering  into  an
agreement with the Capital  District  regional  corporation  designating
specific  facilities within the Capital District region that may offer a
"live call of the race".
3. A franchised  corporation  shall  make  available  such  space  and
facilities  as  may  be  required  to  enable regional off-track betting
corporations to obtain the information specified in section two  hundred
thirty-four   of  this  chapter  for  transmission  to  patrons  in  the
facilities of such corporations. In addition,  such  associations  shall
cooperate  with  such  corporations in order to develop a system whereby
off-track wagers are combined with on-track wagers in a common pool, and
the odds or potential payoff reflecting or  based  upon  that  pool  are
displayed at off-track facilities periodically during the time preceding
the  race on which such wagers are made. The purpose of the system is to
enable wagers placed off-track to be combined concurrently  with  wagers
placed  on-track  until  as  close  to  the  beginning of the race as is
technically feasible, with due regard for the security and  accuracy  of
such  system.  The costs of the changes adopted pursuant to this section
shall be borne by those regional off-track betting corporations electing
to receive such information or to combine  the  on-track  and  off-track
pools on a more timely basis.
4.  Notwithstanding  any  other  provision  of law, the Western region
off-track betting corporation is hereby authorized to develop a  system,
subject  to approval of the board, whereby off-track wagers are combined
on a current  basis  with  on-track  wagers  on  races  conducted  by  a

corporation  licensed  to  conduct thoroughbred races at a track located
within the Western region.  Such  corporation  shall  cooperate  in  the
provision  of  such  wagers  and shall also provide on such races direct
transmission  into  the  facilities  of  such  regional corporation of a
current "live call of the race" as defined in paragraph a of subdivision
two of this section.