N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 418

§ 418. Disposition of pari-mutuel pools. 1. Every association or\ncorporation authorized under section four hundred five of this article\nto conduct pari-mutuel betting at a quarter horse race meeting on races\nrun thereat shall distribute all sums deposited in any pari-mutuel pool\nto the holders of winning tickets therein provided such tickets be\npresented for payment before April first of the year following the year\nof their purchase, less seventeen percent of the total deposits in pools\nresulting from regular on-track bets and less nineteen percent of the\ntotal deposits in pools resulting from multiple bets and less\ntwenty-five percent of the total deposits in pools resulting from exotic\non-track bets. "Multiple bet" or "multiple wager" shall mean a single\nbet or wager on two horses, evidenced by a single ticket and\nrepresenting an interest in a single betting pool. "Exotic bet" or\n"exotic wager" shall mean a single bet or wager on three or more horses,\nevidenced by a single ticket and representing an interest in a single\nbetting pool. Of the sum so retained there shall be eight percent, plus\nsixty-five percent of the amount of the breaks from on-track regular,\nmultiple and exotic bets shall be paid by such corporation or\nassociation to the department of taxation and finance as a reasonable\ntax by the state for the privilege of conducting pari-mutuel betting on\nthe races run at the quarter horse race meetings held by such\ncorporation or association, which tax is hereby levied, in the\napplicable percentage set forth in subdivision one of section one\nhundred thirty-six of this chapter. The payment of such state tax shall\nbe made to the department of taxation and finance at such regular\nintervals as the department of taxation and finance may require, and\nshall be accompanied by a report under oath showing the total of all\nsuch contributions together with such other information as the\ndepartment of taxation and finance may require. A penalty of five\npercent and interest at the rate of one percent per month from the date\nthe report is required to be filed to the date of payment of the tax\nshall be payable in case any tax imposed by this section is not paid\nwhen due. If the department of taxation and finance determines that any\nmoneys received under this section were paid in error, it may cause the\nsame to be refunded without interest out of any moneys collected\nthereunder, provided an application therefor is filed with it within one\nyear from the time the erroneous payment was made. Such taxes, interest\nand penalties when collected, after the deduction of refunds of taxes\nerroneously paid, shall be paid by the department of taxation and\nfinance into the general fund of the state treasury.\n 2. Except as may be authorized by the legislature, no county, city,\ntown, village or other political subdivision of the state may impose,\nlevy or collect a tax on admission fees or tax on admission, on wagers\nmade by patrons in the form of purchases of pari-mutuel tickets or upon\nsuch tickets, on pari-mutuel pools, on breaks, on dividends or payments\nmade to winning bettors, or on that part of the pari-mutuel pools or\nbreaks to be retained by quarter horse racing corporations or\nassociations under this section.\n 3. The sums paid by any corporation or association to the department\nof taxation and finance shall be determined by multiplying each\napplicable rate for total daily pools from on-track regular bets by the\npercentage that on-track regular bets is of the total on-track daily\npool and by multiplying each applicable rate for total daily pools on\non-track exotic bets by the percentage that exotic bets is of total\ndaily pool, then combining the two determined percentages and applying\nthe result to the appropriate level of the total daily pool from\non-track regular and exotic bets.\n