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 board 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 board 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 board 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 acorporation 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.