Sec. 12-572. Off-track betting facilities. Deposit of daily receipts. Distribution of sums in pari-mutuel pool. Contract disputes.
Sec. 12-572. Off-track betting facilities. Deposit of daily receipts. Distribution
of sums in pari-mutuel pool. Contract disputes. (a) The executive director, with the
advice and consent of the board, may establish or authorize the establishment of such
off-track betting facilities throughout the state for the purpose of receiving moneys
wagered on the results of races or jai alai games as he shall deem will serve the convenience of the public and provide maximum economy and efficiency of operation, provided the establishment of such a facility in any municipality for the purpose of receiving
moneys on the results of races or jai alai games shall be subject to the approval of the
legislative body of such municipality which shall be given only after a public hearing
on the same. Until the effective date of transfer of ownership of the off-track betting
system, moneys received at such facilities shall be deposited in a betting fund from
which daily payments, in such amount as the executive director deems suitable, shall
be made. If an operator of an off-track betting facility intends to conduct wagering on
dog racing events or jai alai games, such operator (1) shall conduct wagering on dog
racing events or jai alai games conducted by any association licensee which offers such
racing events or games for off-track betting provided such operator obtains the written
consent of such licensee and (2) may conduct wagering on out-of-state dog racing events
or jai alai games when no such association licensee is conducting such racing events or
games provided such operator has complied with the provisions of subdivision (1) of
this subsection. No operator of an off-track betting facility shall conduct wagering on
any dog racing event or jai alai game if such racing event or game is conducted within
forty miles of such facility unless such operator has obtained the written consent of the
licensee conducting such racing event or game.
(b) The executive director, with the approval of the board, is authorized to contract
with any person or business organization to provide such facilities, components, goods
or services as may be necessary for the effective operation of an off-track betting system.
Compensation for such facilities, components, goods or services shall be deducted from
the moneys retained pursuant to subsections (c) and (d) of this section in such amount
as the executive director shall determine.
(c) The division or any person or business organization operating an off-track betting system shall distribute all sums deposited in a pari-mutuel pool, to the holders of
winning tickets therein, less seventeen per cent of the total deposits of such pool plus
the breakage to the dime of the amount so retained, except as provided in subsection
(d) of this section.
(d) (1) If the multiple forms of wagering known as daily double, exacta and quinella
are permitted by the board, the division or any person or business organization operating
the off-track betting system shall distribute all sums deposited in the pari-mutuel pool
for any such event to the holders of winning tickets therein, less nineteen per cent of
the total deposits in such pool plus the breakage to the dime.
(2) If multiple forms of wagering on three or more animals are permitted by the
board, the division or such person or business organization operating an off-track betting
system, shall retain twenty-four and one-half per cent of the total sums deposited in the
pool for such event, plus the breakage to the dime.
(e) The division or any person or business organization operating an off-track betting system and conducting wagering on racing events or jai alai games held in this state
and licensed under the provisions of this chapter shall distribute all sums deposited in
a pari-mutuel pool to the holders of winning tickets therein, less the same percentage
of the total deposits of such pool applicable to such racing events or jai alai games plus
the breakage to the dime of the amount retained by each licensee conducting the racing
events or jai alai games.
(f) Any person or business organization which has entered into a contract with the
state, acting through the executive director under the provisions of subsection (b) of this
section, except a contract with an individual for personal services, may, in the event of
any disputed claims under such contract, bring an action against the state to the superior
court for the judicial district of Hartford for the purpose of having such claims determined, provided notice of the general nature of such claims shall have been given in
writing to the division not later than one year after the termination of such contract. No
action shall be brought under this section later than three years from the date of termination of the contract. Such action shall be tried to the court without a jury. Damages
recoverable in such action shall not include any amount attributable to anticipated profits
but shall be limited to the recovery of actual damages sustained arising out of such
contract. All legal defenses except governmental immunity shall be reserved to the state.
(g) The division or any person or business organization operating an off-track betting system, with the approval of the board, may combine wagers placed within such off-track betting system with similar wagering pools at the facility where a racing program is
being conducted, regardless of whether such facility is located within or without the
state. Such pari-mutuel wagers shall be combined in such form and manner as the executive director may determine to be in the best interests of the off-track betting system
established pursuant to the provisions of section 12-571. Notwithstanding the provisions
of subsection (c) or (d) of this section to the contrary, the division or any person or
business organization operating an off-track betting system and conducting wagering
on racing events held without this state, with the approval of the board, may distribute
to the holders of winning tickets who have placed wagers in said combined pools such
sums as may be deposited in said combined pari-mutuel pools, less the same percentage
of the total deposits of such combined pools as is established at the facility where such
racing program is conducted plus the breakage to the dime, as shall be determined by
the executive director with the approval of the board.
(1971, P.A. 865, S. 16; 1972, P.A. 187, S. 8; P.A. 73-344, S. 1, 2; P.A. 78-280, S. 6, 127; P.A. 79-404, S. 22, 45; P.A.
80-133, S. 3, 10; P.A. 82-284, S. 1, 4; P.A. 83-275, S. 1, 2; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; May Sp. Sess. P.A.
92-17, S. 31, 59; P.A. 93-142, S. 4, 7, 8; 93-332, S. 31, 42; P.A. 94-223, S. 2, 4; P.A. 95-220, S. 4-6; P.A. 97-277, S. 11,
13; P.A. 04-176, S. 1.)
History: 1972 act replaced "shall" with "may", thereby making establishment of branch offices dependent upon commission's discretion and deleted reference to a state lottery on race results; P.A. 73-344 replaced references to branch offices
with references to off-track betting facilities and added Subsecs. (b) to (e); P.A. 78-280 substituted judicial district of
Hartford-New Britain for Hartford county; P.A. 79-404 substituted "executive director", "division" and "board" for "commission" as necessary and made Subsec. (d) apply with respect to animals in general rather than to horses only; P.A. 80-133 substituted "business organization" for "firm, partnership, association or corporation"; P.A. 82-284 added Subsec.
(d)(1) provisions increasing the takeout for daily double exacta and quinella wagers; P.A. 83-275 inserted new Subsec.
(e) to require the division or any person operating an off-track betting system and conducting off-track betting on in-state
racing events to adopt takeout rate applicable to in-state racing activity for off-track purposes, relettering former Subsec.
(e) accordingly; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford",
effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September
1, 1993; May Sp. Sess. P.A. 92-17 added new Subsec. (g) to authorize division or any person operating an off-track betting
system, with approval of board, to combine wagering pools at facilities located within or without the state; P.A. 93-142
changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A.
93-332 made technical changes in section re operation of the off-track betting system by an authorized licensee, effective
June 25, 1993; P.A. 94-223 amended Subsecs. (a) and (e) to add references to "jai alai games" after references to "races"
and "racing events" and inserted new language in Subsec. (a) re conduct of wagering on dog racing events or jai alai games
by operators of off-track betting facilities, effective June 8, 1994; P.A. 95-220 changed the effective date of P.A. 88-230
from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 97-277 fixed the takeout rate on wagers made
on three or more animals ("exotic wagers") at 23% in Subsec. (d)(2) and deleted provision allowing exact takeout rate to
be established by the Gaming Policy Board, provided in no case shall the percentage retained be less than 17%, effective
July 1, 1997; P.A. 04-176 amended Subsec. (d)(2) to increase the takeout rate from 23% to 24.5%, effective June 1, 2004.
Cited. 35 CS 522.