Title 9 Part 4009

Such rules for pari-mutuel betting as may be specified from time to time by the commission shall be reproduced in legible type and permanently displayed in locations within all betting areas of the premises of racing associations. The daily racing programs sold to the public by racing associations shall contain a statement indicating that such rules are posted in all betting areas.

All race tracks under the jurisdiction of the commission are required to install and maintain mechanically operated totalisators and result commissions in plain view of patrons.

Payment on winning pari-mutuel tickets shall be made only upon presentation and surrender of such tickets. In the discretion of management or by direction of the commission, payments may be made by cash or by check to the holder of a winning pari-mutuel ticket, from whom identification may be required.

Each association must in all cases of a pari-mutuel pool distribute not less than $2.10 on each winning two-dollar wager. No part of any minus pools resulting from such payments shall be charged against the State's participation in the total pools or the breaks.

Mutilated pari-mutuel tickets or those whose validity is questioned shall be submitted to the New York State Department of Taxation and Finance for inspection, and the ruling of said Department of Taxation and Finance thereon shall be final and conclusive.

No person known to be under the age of 18 years shall be permitted to purchase a pari-mutuel ticket.

Mutuel sellers' windows shall open at least 30 minutes before the first race and at least 20 minutes before each other race. Mutuel cashiers' windows shall open as soon as possible after the official notice has been posted.

The pari-mutuel machines will be locked by electrical control or by the State steward immediately upon the opening of the stall doors of the starting gate on the signal of the starter.

No association shall be responsible for ticket sales not completed before the machines are locked.

Mutuel cashiers' windows shall remain open until 30 minutes after the last race.

Bookmaking or betting, other than through the pari-mutuel system conducted by a duly licensed association, is strictly prohibited. Bookmaking is a misdemeanor under the Penal Law and is punishable by a fine or imprisonment or both.

An itemized record of all unpaid pari-mutuel tickets shall be prepared and a complete record thereof, including total, forwarded to the commission and the State Tax Department within 30 days after the last day of each race meeting.

Complete and detailed records of each race, containing each change of readings of the odds and the actual possible payoff on each horse, shall be filed with the commission at the end of each racing day.

A member of the staff designated by the chair, shall make examination daily of the records of employment of the pari-mutuel employees, and he or she shall make daily written report to the commission with respect to compliance or otherwise with section 249 of the Racing, Pari-Mutuel Wagering and Breeding Law having to do with the citizenship and place of residence of such employees.

When more betting interests are programmed to start in a race than can be accommodated by the track's tote commission, those separate betting interests in excess of the maximum number that can be so accommodated shall be combined with one other such separate interest into a betting field. The composition of the field shall be selected by the racing secretary prior to program time.

When a horse starts. Every horse shall be considered a starter when the stall gates open on the signal of the starter, unless the stewards declare a horse or horses non-starters because, in their opinion, the horses' chances were compromised leaving the starting gate. If so, all bets on the non-starters will be refunded unless the horse wins. For placing and program purposes, the non-starters will be considered to have run for purse only. If it be determined by the stewards that a horse is declared a non-starter, the money bet on the horse shall be refunded; if such horse is part of an entry or field, such circumstances shall be treated as a scratch for wagering as provided in section 4009.20 of this Part, notwithstanding the placing of any remaining part of the entry or field.

In all races except sweepstakes with five or more separate entries that start, a racing association shall provide win, place and show pools. In all races with four separate entries that start, a racing association shall provide win and place pools and at such racing association’s option may conduct a show pool. In races of three separate entries, a racing association shall provide a win pool and, at such racing association’s option may conduct a place pool. For two separate entries that start, a racing association shall provide only a win pool. Pari-mutuel tickets shall be sold accordingly; provided, however, that in sweepstakes with fewer than four separate entries that start, a racing association may, at such racing association’s option, provide that there shall be no betting, and in such cases an additional race with betting shall be added to the program, if feasible.

No refunds of money paid for pari-mutuel tickets to be made as directed by this Subchapter shall be made except upon the presentation and surrender of the tickets.

A track may deduct from the wages of a pari-mutuel employee monies owed as a result of such employee's going short on any particular racing day. The term short as used in this section shall mean any loss to the racing association arising from amounts missing from funds in the possession, custody or control or under the supervision of any pari-mutuel employee or employees in the course of the performance of his, her or their duties in the mutuel department of the racing association.

Every corporation, association or nonprofit racing association shall pay to the New York State Thoroughbred Breeding and Development Fund the percentage of the pari-mutuel pool as required by law when the payment of State taxes are due to the State Tax Commission.