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 B - Harness Racing › Part 4122 - PARI-MUTUEL WAGERING › Section 4122.45 - Super exotic pools

Current through Register Vol. 46, No. 28, July 10, 2024
The rules in this section shall govern all super exotic
						pari-mutuel pools conducted by a licensed harness track operator.
(a) Wagering tickets. A super exotic
					 pari-mutuel pool known as the "pick-seven," "pick-eight," "pick-nine,"
					 "pick-ten" or such other name as may be approved by the commission, is
					 authorized to be conducted by a harness track operator upon the outcome of 7,
					 8, 9 or 10 consecutive pari-mutuel races to be contested at such operator's
					 track on the same racing program. Such pool shall be separate and distinct from
					 all other pari-mutuel pools conducted at such track. Wagers in such pool shall
					 be represented by pari-mutuel tickets immediately distinguishable from
					 pari-mutuel tickets issued in other pools. A wager, that shall select a winner
					 for each designated race, shall be included on the same pari-mutuel ticket,
					 that shall be issued prior to the start of the first designated super exotic
					 race. Races designated for the super exotic pool shall be clearly described as
					 such in the official program.
(b)
					 Winners and carry-overs. In general, after deductions for cancellations,
					 refunds and statutory take-out, the resulting super exotic net pool shall be
					 distributed, less breaks, to the holders of tickets selecting winners of all
					 designated races in the pool. Should there be no wager selecting winners of all
					 designated races, then, at the option of the track operator, established before
					 the first such pool of the meeting is conducted, a stated percentage of not
					 less than 25 percent nor more than 75 percent of the net pool shall be
					 distributed, less breaks, to the holders of tickets selecting the winners of
					 the most super exotic races and the balance of the net pool shall be carried
					 over and added to and distributed with the net pool of the next subsequent
					 super exotic pool in which a wager correctly selects the winners of all
					 designated super exotic races. The number of races designated for the super
					 exotic pool shall not be changed during a meeting until a wager has correctly
					 selected the winner of every designated race of a super exotic pool or until
					 there has been an intermediate distribution.
(c) Added payments to winners. In addition to
					 the net pool and any carry-overs distributable when a wager correctly selects
					 winners of all designated races of a super exotic pool, there shall be
					 distributed by the track operator from its own funds, upon such occurrence, any
					 amounts it has advertised that it will add to the total distribution, or any
					 amounts necessary to yield an advertised guaranteed total
					 distribution.
(d) Intermediate
					 distributions. Prior to the last two weeks of a licensed race meeting, a date
					 and program approved by the commission may be announced by the track operator
					 when (provided no one thereafter has correctly selected the winners of all
					 designated races of a super exotic pool through such program) accumulated
					 carry-overs in an amount announced by the track operator will be added to the
					 established percentage of the net pool distributable to wagers selecting the
					 winners of the most races of the super exotic pool conducted on such program.
					 The balance of undistributed carry-overs above such announced amount, plus any
					 carry-over from such program, shall in turn carry-over for distribution with
					 subsequent super exotic pools conducted by such track operator. An intermediate
					 distribution may also be directed at any time, upon three days' notice by the
					 commission, of such portion or all of the accumulated carry-over money as may
					 be directed by the commission.
(e)
					 Final distribution. The commission shall select a date and program during the
					 final week of the licensed race meeting of a track operator when there shall be
					 a final distribution of all accumulated carry-overs together with the entire
					 net pool of the super exotic pool conducted during such program to the holders
					 of wagers selecting the winners of the most super exotic races contested during
					 such program. Thereafter no super exotic pools will be conducted at such
					 meeting. In the event that all super exotic races on the program designated for
					 final distribution are cancelled, and no further programs are conducted at the
					 meeting, the commission shall require that a super exotic pool be conducted on
					 the first program of the next subsequent race meeting conducted at such track
					 by such track operator to provide for final distribution for such prior
					 meeting. The commission may also order a final distribution for an earlier time
					 in the commission's discretion.
(f)
					 Dead heats. Each horse in a dead heat for win shall be considered the winner,
					 and no allocations among wagers shall be made as a result thereof, unlike the
					 practice in a pari-mutuel win pool. The payoff price per dollar shall be the
					 same for all winning wagers.
(g)
					 Scratched horses and nonstarters. At any time after wagering begins on the pool
					 should an entire betting entry or field be scratched or declared a nonstarter
					 in any super exotic 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 super exotic pool, shall be deemed wagers upon the betting
					 entry or field upon which the most wagers have been registered in the win pool
					 at the track at the close of win pool betting for such race (designated horse).
					 (In the event of a money tie, the tied betting entry or field with the lowest
					 program number shall be designated.) Wagers remaining in the pool upon horses
					 that may have been scratched will, in the case of multiple betting entries or
					 fields be deemed wagers upon the horses remaining in such entries or fields,
					 and in the case of single betting entries 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 nonbetting starter for purposes of other pari-mutuel
					 pools, as provided in section
					 4122.27 of this Part, wagers upon
					 such entry or field shall be deemed wagers upon the designated horse for such
					 race. Should a programmed starter be scratched or declared a nonstarter prior
					 to the start of the first leg, the betting operator shall be authorized to
					 refund any tickets designating betting entries affected thereby prior to such
					 first leg.
(h) Race cancellations.
					 Except for pools in which an intermediate or final distribution is to be made,
					 should one or more super exotic races be cancelled, no carry-overs from prior
					 super exotic pools, advertised guaranteed amounts nor advertised added amounts
					 will be distributed to winners in such super exotic pool and that program's
					 entire net pool only shall be distributed, less breaks, to holders of wagers
					 upon the winners of all super exotic races contested for such pool. Should no
					 wager select the winners of all super exotic races contested, the established
					 percentage of that net pool shall be distributed, less breaks, to the holders
					 of wagers upon the winners of the most super exotic races contested and the
					 balance shall be carried over as elsewhere provided in this section, for
					 subsequent distribution.
(i) Seed
					 money or insurance allocation. Two percent of the total super exotic pool shall
					 be held apart by the track operator from the take-out of each super exotic pool
					 to reimburse such track operator for the cost of any insurance it may secure to
					 guarantee minimum distributions to winners of such pools, or to reimburse a
					 track operator for funds it expends for added money or guaranteed minimum
					 distributions to winners of such pools. Any accumulation of such two percent
					 allocations not necessary to reimburse a track for expenditures actually
					 incurred for such purposes shall be added to the amounts distributable in the
					 pool designated for final distribution for the year.
(j) Posting of winning combinations. Every
					 wagering combination entitled to a payoff shall be posted publicly by the track
					 operator together with the payoff price therefor.
(k) Trust funds. Carry-over monies shall be
					 held in a separate account in trust by track operators for the benefit of
					 participants in super exotic pools until distributed.
(l) No reduction in guaranteed distributions.
					 Added monies or guaranteed minimum distributions advertised by a track operator
					 shall not be reduced for subsequent super exotic pools until a wager correctly
					 selects winners of all designated races of a super exotic pool, or a final
					 distribution occurs, whichever is first. Advertised added monies or minimum
					 distributions shall not apply to intermediate or final distributions unless a
					 wager correctly selects winners of all designated races of the super exotic. A
					 guaranteed minimum distribution or guaranteed added money amount, once
					 advertised, may not be reduced and shall continue to be guaranteed by the track
					 operator for every super exotic pool for the balance of the meeting.
(m) Betting information. Unless otherwise
					 ordered by the commission, information concerning combinations wagered upon or
					 not wagered upon in a super exotic pool shall not be disclosed by the tote
					 operator or otherwise, until all races of a super exotic pool have been
					 contested and declared official. The operation of the totalisator equipment and
					 reports generated thereby as well as the communication of any information
					 concerning such pool shall be subject to the strict supervision of the
					 commission.
(n) Nontransferability.
					 Super exotic tickets shall be nontransferable and violations of this
					 subdivision may lead to confiscation and cancellation of such tickets in
					 addition to other disciplinary action.
(o) Unforeseen circumstances. Should
					 circumstances occur that are not foreseen in this section, questions arising
					 thereby shall be resolved in accordance with general pari-mutuel practice in
					 the judgment of the presiding judge. Decisions regarding distribution of super
					 exotic pools are final and unappealable.
(p) Posting of rules. These rules shall be
					 posted in the public area of the track by the track operator and copies thereof
					 shall be made available to the public by the track operator.