Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 200 - PARI-MUTUEL RULES AND REGULATIONS › Section 462-200-0390 - Surcharges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The method of
			 charging surcharges will be set forth in the race meet licensee's application
			 for off track sites. The percentage of the surcharge will be in an amount
			 agreed on by the race meet licensee and the off track site, set forth in the
			 contract between the race meet licensee and the off track site and approved by
			 the commission. No surcharge may be in an amount over 5% of the wager or the
			 winnings depending on the surcharge method chosen.
(2) The distribution of the surcharge will be
			 set forth in the contract between the race meet licensee and the off-track
			 site. Payment of the surcharge to the parties or account(s) entitled to a
			 portion of the surcharge will be made at least every two weeks and not later
			 than five (5) days after the last day of racing of the two week period.
			 Surcharge amounts will be deposited into a separate account containing only
			 surcharges from off-track sites on a weekly basis. All surcharge monies will
			 remain in that account until such time as they are distributed to the parties
			 or account(s) entitled to a portion of the monies.
(3) If a portion of the surcharge is to be
			 used for advertising or promotion per the contract between the race meet
			 licensee and the off-track site, the party holding the funds will maintain a
			 ledger showing the amount of money deposited in the "advertising/promotion"
			 account for each off-track site, the amount of money spent for
			 advertising/promotion of each off-track site, and the amount of money available
			 for expenditure for each off-track site.
(a)
			 The race meet licensee and the off-track site shall prepare a written agreement
			 prior to the opening of the site regarding an advertising/promotion program
			 which includes what types of expenditures will fall into the
			 "advertising/promotion" category, and whether the payment of the funds will be
			 made on a reimbursement or a direct payment basis. (If the payment from the
			 advertising fund is a reimbursement, payment shall be made not later than ten
			 (10) days after the receipt of the appropriate documentation and invoice by the
			 holder of the funds. If the payment is directly to the vendor of the service,
			 payment shall be made by the holder of the funds within the time-line set forth
			 on the invoice, given that proper documentation has been received.) A copy of
			 the plan shall be available for inspection by a representative of the
			 commission at either the race meet licensee's track or the off-track
			 site.
(b) In cases of a dispute
			 between the race meet licensee and the off-track site as to payment of
			 invoices, the amount of money available for an off-track site, or other issue
			 regarding the advertising/promotion account, the holder of the funds will make
			 all records available to the commission or its representative.
(c) Disbursement of portions of the surcharge
			 dedicated to advertising and promotion not used during a race meet shall be set
			 forth in the contract between the race meet licensee and the off
			 track-site.