New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4011 - The Daily Double › The Superfecta › Section 4011.25 - Pick-five pools

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Description.
A winning pick-five wager requires selection of the
							 first-place finisher in each of five designated, consecutive contests, unless
							 otherwise provided in this section. The track operator must obtain written
							 approval from the commission concerning the scheduling of pick-five contests,
							 the designation of the method used and the amount of any cap to be set on the
							 carryover. Any changes to the approved pick-five format require prior approval
							 from the commission.
(b)
Separate wager.
The pick-five wager is not a parlay and has no
							 connection or relation to the other betting pools for the respective races. The
							 pick-five pool shall be held entirely separate from all other pools and is no
							 part of a daily double, exacta, quinella, trifecta, superfecta or other
							 wagering pool.
(c)
No resale.
Resale of pick-five tickets from one individual to
							 another is prohibited, shall be grounds for ejection, and may be deemed illegal
							 gambling.
(d)
Clear
						  designation.
Races in which pick-five pools shall be conducted
							 shall be clearly designated in the program and racing cards issued by the
							 association or corporation.
(e)
Ticket design.
The design of the pick-five tickets shall be clearly
							 and immediately distinguishable from other pari-mutuel
							 tickets.
(f)
Scratched
						  horses and nonstarters.
Should a programmed starter be scratched or declared
							 a nonstarter in any pick-five race before the start of the first pick-five
							 race, any affected bettor may select another betting interest, if the wager can
							 be canceled and a replacement wager issued before the start of the first
							 pick-five race, or may obtain a cancellation of the wager prior to the start of
							 the first race of the pick-five sequence. If neither option is exercised, then
							 wagers upon such scratched or declared nonstarter shall be deemed wagers upon
							 the designated horse for such race. The
designated horse
means
							 the betting entry or field upon which the most wagering money has been
							 registered at the track in the win pool at the close of win-pool betting for
							 such race. (In the event of a money tie, the tied betting entry or field with
							 the lowest program number shall be designated.) At any time after wagering
							 begins on the pick-five pool, should an entire betting entry or field be
							 scratched or declared a nonstarter in any pick-five race, no further tickets
							 selecting such betting entry or field shall be issued, and wagers upon such
							 betting entry or field, for purposes of the pick-five pool, shall be deemed
							 wagers upon the designated horse. Wagers in the pick-five pool upon an entry or
							 field of horses from which a starter or starters may have been scratched will,
							 in the case of such entry or field, be deemed wagers upon the horse or horses
							 remaining in such entry or field. In case no starter remains representing any
							 betting entry or field, wagers upon such entry or field shall be deemed wagers
							 upon the designated horse in the race affected by the scratch. Should the
							 balance of a betting entry or field race as a non-betting starter for purposes
							 of other pari-mutuel pools, as provided in sections
							 4009.20 and
							 4009.21 of this Article, wagers
							 upon such entry or field shall be deemed wagers upon the designated horse for
							 such race.
(g) Wagering
						  tickets and winners.
If neither subdivision (h) nor subdivision (i) of
							 this section applies, then the pick-five pool shall be apportioned, with the
							 prior written approval of the commission following the request of track
							 operator offering this wager, pursuant to either paragraph (1) or (2) of this
							 subdivision, as follows:
(1) the net
						  pick-five pool and carryover, if any, shall be distributed as a single price
						  pool to those who selected the first-place finisher in each of the pick-five
						  contests, based on the official order of finish, unless otherwise provided in
						  this section. If there are no such wagers, the net pick-five pool shall be
						  added to the carryover; or
(2) the
						  net pick-five pool and carryover, if any, shall be distributed as a single
						  price pool to those who selected the first-place finisher in each of the
						  pick-five contests, based on the official order of finish, or to the holders of
						  wagers selecting the first-place finisher in each of the pick-five contests
						  with no more than one all-win race, unless otherwise provided in this
						  paragraph. Should there be no wager selecting winners of all five designated
						  races or no wager selecting the winners of the designated races with no more
						  than one all-win race, then 25 percent of the net pool, excluding carryover
						  from the previous program, shall be distributed, less breaks, to the holders of
						  wagers selecting the winners of the most pick-five races and 75 percent of the
						  net pool shall be added to the carryover. In addition to the net-pool share and
						  any carry-overs distributable when a wager correctly selects winners of all
						  five designated races, or four winners and no more than one all-win race of a
						  pick-five pool, there shall be distributed by the track operator from its own
						  funds, upon such occurrence, any amounts the track operator has advertised that
						  the track operator will add to the total distribution.