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.