N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 526

§ 526. Use of track facilities; combined pools. In order to effectuate\nthe general policy of this article that off-track and on-track wagers be\ncombined into single pools to provide uniform odds and payouts, track\noperators shall be subject to the requirements of this section.\n 1. a. At the request of a regional corporation, a track operator\nconducting a race meeting at a track in this state, shall, upon such\nterms and conditions as may be agreed upon by such operator and the\ncorporation subject to the approval of the board, provide appropriate\nspace and facilities at its track whereby the corporation may perform\nthe functions hereinafter described with respect to the transmission and\nreception of wagering and racing information; provided, however, that\npayments to the track operator pursuant to section five hundred\ntwenty-seven of this article shall be deemed adequate consideration for\nthe occupancy of vacant space at such track or the use of existing\nfacilities. The terms and conditions shall provide that the cost of any\nadditional office space or the installation, leasing, operation,\nmaintenance and servicing of additional facilities or equipment shall be\nborne by the corporation.\n b. In the event that a corporation and such operator shall be unable\nto agree upon the space and facilities of such track to be provided to\nthe corporation by such operator, or the terms and conditions of the use\nand occupancy thereof by the corporation, the board shall, upon\napplication in writing made either by the corporation or by such\noperator, determine the appropriate space and facilities to be provided\nto such corporation and the terms, conditions and costs of its use and\noccupancy by such corporation.\n c. Upon the decision of the board, the corporation shall be entitled\nto use and occupy immediately the space and facilities prescribed by the\nboard, upon the terms and conditions established by the board.\n 2. No track operator shall prevent a regional corporation from using\nand occupying the space and facilities prescribed according to\nsubdivision one of this section, nor fail to cause off-track wagers to\nbe combined with on-track wagers into single pools, provided off-track\nwagering information is transmitted to the track in an accurate and\ntimely fashion, nor prevent such transmission of racing information by\nthe regional corporation to its offices as may be consistent with the\nregulations of the board.\n 3. The board shall be entitled to the use and occupancy of space and\nfacilities upon reasonable terms in like manner as a regional\ncorporation whenever it shall so require in order to perform its\nstatewide transmission function pursuant to section five hundred\ntwenty-five of this article. Any claim arising from such occupancy and\nuse shall be determined by the court of claims.\n 4. The board, on its own behalf or on behalf of a regional\ncorporation, may apply to the supreme court for an injunction directing\nany track operator to comply with this section. In any such action the\nboard shall not be required to post bond or security.\n 5. Nothing contained in this section shall be construed as requiring\nthe board or any regional corporation to pay or deliver to any track\noperator any sum received from any bettor as a wager or otherwise, but\nthe net amount due from the board or such regional corporation to the\noperator, in the event that payments to winning bettors at the track\nexceed the portion of the pari-mutuel pool attributable to such bettors,\nor the net amount due from the operator to the board or regional\ncorporation, in the event that payments to winning bettors off the track\nexceed the portion of the pari-mutuel pool attributable to such bettors,\nas the case may be, shall be paid within seven days of a race.\n