§ 1008. Simulcasts to off-track branch offices. 1. The commission may
in accordance with the provisions of section one thousand three of this
article and section five hundred twenty-three of this chapter authorize
and approve an application for licenses submitted by any off-track
betting corporation to display the simulcasts of racing from any
thoroughbred or harness racing association or corporation located in the
state.

2. Such application shall include, but not be limited to, a copy of a
written agreement between the sending track and such regional off-track
betting corporation and the following:

a. The location of each branch office to display the simulcast;

b. Any remuneration the sending track will receive in addition to the
provisions of section five hundred twenty-seven of this chapter; and

c. (i) Except as provided in section one thousand thirteen of this
article, if such sending track is not a thoroughbred track in the
Catskill region conducting a mixed meeting, letters of consent to such
agreement by the regional track or tracks conducting a meeting or
meetings of the same type of racing during the period for which
simulcasting is proposed. For purposes of this article, a track first
licensed to conduct pari-mutuel racing after January first, nineteen
hundred eighty-five, shall not be considered a regional track for
purposes of applicable letters of consent as required in this section
and section one thousand nine of this article. Such period shall be
defined as a twenty-four hour day from midnight to midnight. For those
tracks located in the city of New York or the counties of Westchester or
Nassau, such period shall be limited to the same time of day, defined as
afternoon against afternoon, twilight against twilight and evening
against evening, the hours for which shall be as further specified by
the commission.

(ii) For any simulcasting facility located within an area of a circle
whose radius is forty miles, the center of which shall be measured from
a regional track, and as provided in section one thousand thirteen of
this article, the commission shall not approve such application unless
such regional track, as described in subparagraph (i) of this paragraph,
has given its written authorization, provided however, that between
thirty-one and forty miles such approval shall not be unreasonably
withheld. Such approval shall not be required if the simulcasting
facility is located without the forty mile radius or if the sending
track is a thoroughbred track in the Catskill region conducting a mixed
meeting. Such written authorization shall not be required nor shall the
provisions of section five hundred twenty-three of this chapter apply to
those races that such regional track may elect to receive as a simulcast
race during its regularly scheduled race meeting.

2-a. In the interest of providing maximum distribution of the
simulcast signal of New York pari-mutuel races among regional off-track
betting corporations, whenever a sending track makes its simulcast
signal available to an off-track betting region authorized to accept its
wagers, such sending track shall make its simulcast signal available to
all such regions authorized to accept its wagers in accordance with
section five hundred twenty-three of this chapter, and subdivision two
of this section. In the event the sending track and the off-track
betting corporations are unable to agree upon terms, including the
identification of branch offices required to receive the signal, such
terms, conditions and consideration shall be determined by binding
arbitration as provided in section one thousand thirteen of this
chapter.

3. Off-track betting simulcast pools shall be distributed according to
the provisions of section five hundred twenty-seven of this chapter,
except that:

a. The share so retained by the off-track betting corporation may be
divided in a manner determined by contractual agreement; and

b. Of the sums received by the sending track, fifty percent shall be
distributed to purses in addition to moneys distributed pursuant to
section five hundred twenty-seven of this chapter. The off-track betting
corporation shall pay to the commission as a regulatory fee, which fee
is hereby levied, six-tenths of one percent of the total daily pools.

4. a. Notwithstanding any other provision of law to the contrary, the
commission may authorize a regional off-track betting corporation to
amend its plan of operation to provide for the sale of food and
non-alcoholic beverages within its simulcasting facilities. For such
facilities when facilities of a hotel or restaurant as defined in
section three of the alcoholic beverage control law are used, and table
service for at least twenty-four persons is provided, the commission
may, in its discretion, authorize a regional off-track betting
corporation to amend its plan of operation to provide for the sale of
beer, wine and liquor, in accordance with all applicable state and local
licensing requirements. The commission shall promulgate rules and
regulations to carry out the provisions of this subdivision with the
intent that such sale of food, alcoholic and non-alcoholic beverages
shall be in accordance with appropriate health and sanitary codes, and
shall not include sales on credit except such sales using a third-party
credit card. With respect to the sale of beer, wine and liquor, said
rules and regulations shall provide requirements for seating capacity
and the minimum number of tables, which in no event shall be less than
six.

b. (i) Regional off-track betting corporations shall have the option
of charging an admission fee to simulcasting facilities authorized to
sell food, alcoholic or non-alcoholic beverages pursuant to paragraph a
of this subdivision. The amount of such fee shall be subject to the
approval of the commission.

(iii) Any county (except a county wholly within a city) or city, or
both, in which such simulcasting facility is located, is hereby
authorized and empowered to adopt and amend local laws imposing a tax on
such admission fee at a rate not to exceed fifteen percent of the
admission fee. The provisions of article eight of this chapter relating
to the administration and collection of the taxes authorized to be
imposed by such article (including the provisions relating to judicial
review) shall apply to a tax imposed pursuant to the authority of this
subparagraph, in the same manner and with the same force and effect as
if the language of such provisions had been incorporated in full into
this subparagraph and expressly referred to a tax authorized to be
imposed pursuant to this subparagraph, except to the extent that any
such provision is either inconsistent with a provision of this
subparagraph or is not relevant to this subparagraph.

5. a. As a condition to receiving simulcasts in any branch office from
any sending track a regional off-track betting corporation located in a
city with a population of one million shall simulcast the thoroughbred
and quarter horse races of a thoroughbred track located in the Catskill
region conducting a mixed meeting in all such branches that will receive
the simulcasts of any other thoroughbred or harness horse races on any
day that such thoroughbred track in the Catskill region may be
conducting a mixed meeting and offers such simulcasts of its races to
such corporation, provided, however, that the costs associated with the
transmission and receipt of the simulcast signal of such thoroughbred
track located in the Catskill region shall be borne by such track.

b. Any branch office that receives such simulcast signal for
forty-five days may cease receiving such signal if the off-track betting
operator justifies to the commission that the opening of such branch
office has sustained economic loss during such forty-five day period.
Provided, however, the track and off-track betting operator may waiver
this provision by contract.