N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 521

§ 521. Approval of plans of operation; amendments. In order to\naccomplish the objectives of this article, the board shall have the\npower, subject to the provisions of this article but without limiting\nthe generality of any provision of this chapter, to approve a plan of\noperation submitted by any regional corporation created under article\nfive of this chapter.\n 1. Before it may grant such approval, the board must review and\napprove a feasibility study submitted by such corporation, including but\nnot limited to the following subjects:\n a. The overall practicability of establishing and operating an\nefficient and profitable system of off-track betting in such region or\nin such counties that have elected to participate in the corporation;\n b. The potential market;\n c. The estimated costs of operation;\n d. The probable types of wagering and number of opportunities required\nfor successful operation;\n e. The probable impact of the proposed operation upon on-track\nattendance and pari-mutuel betting within the region. The board may,\nwithin the time provided for approval, request additional information\nfrom the corporation. Disapproval of the feasibility study shall be\naccompanied by a statement of the reasons therefor and shall be treated\nas disapproval of a plan under subdivision three of this section.\n 2. The plan of operation shall include the following:\n a. The organizational structure of the corporation including the\napproximate number and compensation of employees;\n b. A narrative description of the system;\n c. The types and approximate cost of data processing, communication\nand transmission facilities that will be utilized, including back-up\nsystems;\n d. Security measures;\n e. The type and number of betting opportunities to be offered;\n f. The race tracks and races for which bets will be taken;\n g. The maximum and minimum number of retail outlets or betting offices\nto be established;\n h. The proposed system of accounts; and\n i. The amount and proposed sources of financing.\n 3. Within ninety days of receipt of the feasibility study and plan,\nthe board shall issue an order approving the plan, approving it with\nmodifications or denying approval and stating its reasons therefor.\nWithin such period the board may request additional information or\nsuggest amendments. If the board fails to approve the plan without\nmodification, the corporation may request a public hearing to be held\nwithin thirty days of the issuance of an order approving an application\nwith modifications or denying it. The board shall issue its final\ndetermination within ten days of such hearing. The corporation may\nsubmit an amended application no sooner than ninety days after a denial.\n 4. A plan of operation may be amended from time to time at the request\nof either the corporation or the board. The corporation shall have the\nright to be heard concerning any amendment to the plan proposed after\nimplementation and the board shall dispose of such proposed amendments\nas expeditiously as practicable, but no later than thirty days following\nsubmission by the corporation or, in the case of amendments proposed by\nthe board, objection by the corporation.\n 5. Any arrangements for telecasts or broadcasts of running races\npursuant to contracts with track operators shall constitute a part of\nthe plan of operation, or an amendment thereto, as the case may be.\n 6. The plan of operation of the New York city off-track betting\ncorporation in effect on July first, nineteen hundred seventy-three,\nshall be deemed approved by the board, but shall thereafter be subject\nto the general jurisdiction of the board in the same manner as are the\nplans of other regional corporations.\n 7. a. The city of Schenectady may continue to operate off-track\npari-mutuel betting within such city, subject to the jurisdiction of the\nstate racing and wagering board, until the board approves a plan of\noperation submitted by the Capital District regional off-track betting\ncorporation and such plan of operation is implemented; provided,\nhowever, that during any period that the city of Schenectady continues\nto operate off-track pari-mutuel betting within such city pursuant to\nthis subdivision, it may accept off-track wagers on races at any harness\ntrack within the state which so agrees subject to the approval of the\nstate racing and wagering board until such time as the harness track\nlocated within the Capital District and the city of Schenectady mutually\nagree on the provision of appropriate space and facilities at such track\nfor such city and such agreement is implemented. Such plan of operation\nshall make due provision with respect to investments and obligations of\nthe city of Schenectady made or incurred in the operation of off-track\npari-mutuel betting. The county of Schenectady shall reimburse the city\nof Schenectady on account of lost revenues from the operation of\noff-track betting. The amount of reimbursement shall be calculated under\nthe rules of the board to guarantee that the city shall receive annually\nan amount equal to the net revenue received from off-track betting for\nthe calendar year nineteen hundred seventy-three or a per centum of the\nnet revenues received by such county obtained by dividing the bets\noriginating in such city by the bets originating in such county during\nthe distribution period, whichever is less. Reimbursement shall continue\nfor a period of ten years and shall be made in substantially equal\nquarterly payments.\n b. Until such time as the Capital District regional off-track betting\ncorporation's plan of operation has been approved by the state racing\nand wagering board and the county of Schenectady has enacted enabling\nlegislation to join such corporations and such county's participation\nhas been implemented, the city of Schenectady shall have all the rights,\npowers, duties and obligations of the county of Schenectady under this\nchapter, including but not limited to the right to participate in the\nformation of such corporation or subsequently to participate in the\noperation thereof, as the case may be, except that the geographical\nboundaries of such city's participation shall be limited to the city of\nSchenectady.\n 8. The board may authorize and approve:\n a. An application submitted by the New York city off-track betting\ncorporation to amend its plan of operation, pursuant to the provisions\nof this section, to provide for the display in no more than two existing\nfacilities within Richmond county of telecasts of live audio and visual\nsignals of harness racing from any harness racing association or\ncorporation within its region; provided, however, that (i) the\nassociation or corporation conducting such racing has entered into a\nwritten agreement for such telecasts with the New York city off-track\nbetting corporation pursuant to section five hundred twenty-seven of\nthis chapter, which agreement shall terminate no later than the\nthirtieth day of June, nineteen hundred eighty-five, (ii) all expenses\nincurred in the implementation of such amendment to its plan of\noperation for such telecasting shall be the responsibility of the New\nYork city off-track betting corporation, and (iii) the board shall\nsubmit reports to the governor and the legislature evaluating the\nresults of such experiment on the compatibility with the well-being of\nthe horse racing and breeding industries in this state, and its effect\non handle and attendance at off-track facilities within Richmond county,\nand including recommendations regarding the future authorization of the\ntelecast of live audio and visual signals into off-track betting\nfacilities; and\n b. One other application submitted by an off-track betting\ncorporation, other than the New York city off-track betting corporation,\nto amend its plan of operation, pursuant to the provisions of this\nsection, to provide for the display in two existing facilities within\nits region of telecasts of live audio and visual signals of harness\nracing from any harness racing association or corporation within its\nregion; provided however, that (i) the association or corporation\nconducting such racing has entered into a written agreement for such\ntelecasts with such off-track betting corporation pursuant to section\nfive hundred twenty-seven of this chapter, which agreement shall\nterminate no later than the thirtieth day of June, nineteen hundred\neighty-five, (ii) all expenses incurred in the implementation of such\namendment to its plan of operation for such telecasting shall be the\nresponsibility of the off-track betting corporation, and (iii) the board\nshall submit reports to the governor and the legislature evaluating the\nresults of such experiment on the compatibility with the well-being of\nthe horse racing and breeding industries in this state, and at off-track\nfacilities within its region, and including recommendations regarding\nthe future authorization of the telecast of live audio and visual\nsignals into off-track betting facilities.\n c. Provided, however, that such audio and visual telecasts into\napproved facilities shall commence no earlier than sixty days after such\ntelecasts have been approved. During such time, the off-track betting\ncorporation shall provide to the board daily data, to include but not be\nlimited to, wagers, separately by type of racing and wagers, attendance\nand promotion expenditures of such facilities in such manner as the\nboard may require. Such data will be used as the pre-telecast base to\nevaluate the impact of such telecasts. In addition, such similar data\nand information shall also be supplied to the board during the period\nthat such telecasts are authorized. No change in the types of wagers\noffered to patrons may be made without prior written approval by the\nboard of at least thirty days in advance of such requested change.\n