Title 9 Part 4122

Harness racing associations licensed by the commission to conduct harness racing meets with pari-mutuel betting shall use vending machines for the sale of pari-mutuel tickets unless otherwise authorized by the commission.

For the purpose of pari-mutuel betting, every heat shall be a separate and distinct race.

No pari-mutuel tickets shall be sold for any pool more than one hour 15 minutes before post time of the first pari-mutuel race of the day.

Bookmaking or betting other than pari-mutuel betting is strictly prohibited.

All wagering shall stop as soon as the word “go” shall be given either by record or by voice of the starter. Where vending machines for the sale of pari-mutuel tickets are used, they shall be electrically locked by the presiding judge from the judges' stand.

When the sale of pari-mutuel tickets has closed, it shall remain closed until after the race or heat has finished.

The method of selling pari-mutuel tickets shall be approved by the commission and the State Tax Commission. No employee of a licensed track assigned to or working in the pari-mutuel department shall accept a wager from any person except through the track's pari-mutuel windows and in the regular course of business. No employee of the pari-mutuel department of any licensed corporation or association shall be permitted to bet during those periods of any day that such person is actually working in such capacity.

The manager of the pari-mutuel department shall be properly and timely advised by the presiding judge, prior to the beginning of wagering on each race, of the horses that will compete in the race and any driver changes from those listed in the official program.

A wager on any horse coupled as an entry shall be a wager on all horses coupled in such entry.

When more horses representing separate interests are started in a race than the number of post positions on the infield tote commission, all horses in excess of a number of interests one less than the total number of post positions on the infield tote commission shall be grouped in the betting as the field.

At the end of each race, the judges shall determine the proper order of finish and upon such determination having been made the public shall be so informed by the word “official” being lighted on the tote commission in the infield of the track or upon failure of such device by public announcement. Upon the lighting of such word “official” or upon its public announcement, the result of the race for pari-mutuel purposes shall be final and no appeal therefrom shall be allowed. Any ruling of the judges or of the Harness Racing Commission with regard to the award of purse money made after the sign “official” has been purposely displayed shall have no bearing on the mutuel payoff. The judges shall advise the manager of the pari-mutuel department and the representative of the State Tax Commission and the Harness Racing Commission in writing of the official placement of the horses. When no mechanical or electrical indication of the official finish of the race is used between the judges and the mutuel department, no payoff shall be made until receipt of such written notice.

If two horses coupled in the betting as an entry or the field finish first and second, first and third or second and third, the division of the net show pool shall be as follows: two-thirds of the net show pool shall be allotted to the pool of the entry and the balance one-third to the other horse.

Unless otherwise authorized by the commission, one daily double only shall be permitted during a single racing program.

In order to win a daily double, it is necessary for the purchaser of a daily double ticket to select the winners of each of the two races specified for the double. If either of a purchaser’s selections fails to win, such purchaser’s contract is void, except as hereafter provided.

Whenever a horse is scratched or declared a nonstarter, and a refund is required under these rules, the tickets previously issued designating such horse shall be refunded or, at the option of the holder, may be exchanged for another selection of the same denomination in the same pool provided the track has an operating facility for such an exchange and conditions and circumstances, including available time remaining before the start, make an exchange feasible in the judgment of management. Refunds and exchanges shall be made at locations designated for the purposes by management and convenient for the public.

In all cases when a horse has been excused by the judges after wagering has started but before the horses shall have actually started, all money wagered on the horse so excused shall be deducted from the pool and refunded.

If, after wagering has begun on a race, a horse, programmed to start as part of a coupled entry or field is scratched in such race, all betting upon such coupled entry or field shall cease and all money theretofore wagered upon such coupled entry or field shall be refunded. Notwithstanding the termination of betting upon all horses that are part of such coupled entry or field, the horse or horses in such coupled entry or field that are not scratched shall start in such race as nonbetting interests for the purse and the finish of such horses in the race shall be disregarded for pari-mutuel purposes. Such circumstances shall be announced by public address and explained to the public at the time of such action and thereafter as may be necessary to adequately inform the public.

In the case of a race being declared off or postponed to another day by the judges after the wagering has begun, all money wagered in that race shall be refunded.

The officers and employees of the licensed harness racing association shall promptly give the commission and the State Tax Commission such information as they may request from time to time and shall freely and fully cooperate with them in every way.

An itemized record of all unpaid winning mutuel tickets shall be prepared and a complete record, including total, forwarded to the commission and the State Tax Commission within five days after the last day of any racing meeting.

The licensed harness racing association, if operating a mutuel system without the totalizator, shall, in taking off total of mutuel ticket sales, prepare an additional copy is at the same time of making and furnish the same to the representative of the commission and the State Tax Commission before the calculations for mutuel prices to be paid are made.

Complete and detailed records of each race containing the actual payoff on each horse shall be filed with the commission at the end of each day.

The licensed harness racing association shall supply daily to the commission a report of the handle of each race, total daily handle and attendance.

All tracks shall have a test, by actual operation, of the pari-mutuel equipment before the opening of each meeting, which shall be approved by a representative of the commission and of the State Tax Commission.

Each track licensee shall cause to be erected a sign or commission upon which shall be displayed the approximate straight odds on each horse in any race; the total amount wagered upon each horse in each pool; the value of a $2 winning mutuel ticket, straight, place or show on the first three horses in any race; the elapsed time of the race; the value of a $2 winning daily double or twin double ticket, if a daily double or twin double be conducted; and any other information that the commission may deem necessary for the guidance of the general public. All machines and equipment used for pari-mutuel betting or for the display of such information must be approved by the commission and the State Tax Commission before being used. The commission and the State Tax Commission shall not require the installation of any particular make of mechanical or electrical equipment.

A list of the personnel of the pari-mutuel department shall be submitted to the commission for its approval. Such list shall indicate the residence of each employee and state whether such employee has been a citizen of the United States of America and a resident of the State of New York for the two years immediately prior to the commencement of such employment. A copy of the pari-mutuel department payroll shall be submitted each week to the commission and such payroll shall be accompanied by a statement sworn to by the manager of the pari-mutuel department or an official of the licensed harness racing association stating that at least 85 percent of such employees each day have been citizens of the United States of America and residents of the State of New York for at least two years immediately prior to the commencement of their employment.

All licensed harness racing associations conducting pari-mutuel racing shall submit to the commission, within 24 hours after a scheduled day's racing, a complete set of such pari-mutuel forms and data as have been used in the calculations and totals of pari-mutuel wagering.

The numbers of the first two horses as made official shall be the winning combination except that where more than one of such horses is part of a coupled entry or field with another of such horses only the best finisher of such horses shall be counted in the winning combination for payoff, and the horse or horses not in such coupled entry or field finishing the same, or, if applicable, next finishing, shall be the other part of the winning exacta combination. For example, if two horses in a coupled entry (or field):

If no exacta ticket is sold combining the winner and second place horse in order, the net pool shall be distributed to holders of exacta tickets designating the winner to win. In the event one horse only finishes and is declared winner, the net pool shall be distributed to holders of exacta tickets designating the winner to win.

The jackpot super high five is a pari-mutuel wager in which the bettor selects five betting interests in the exact order of the first-through fifth-place finishers for a single race.

If fewer than five betting interests finish a race and the race is declared official, payoffs shall be made based upon the order of finish of those betting interests completing the race. The balance of any selection on any ticket beyond the number of betting interests completing the race shall be ignored. The jackpot super high five contest's carryover shall not be included in the payoff and shall be retained for the next contest's carryover. The jackpot super high five pool for the contest to be settled according to whether there is a unique winning ticket for the betting interests that finished the race.

If there is a dead heat for first involving:

If there is a dead heat for second involving:

If there is a dead heat for third involving:

If there is a dead heat for fourth, all wagering combinations correctly selecting the first three betting interest finishers, in correct order, along with any two of the betting interests involved in the dead heat for fourth, without regard to the order of finish of the dead-heated contestants, shall share in a profit split.

If there is a dead heat for fifth, all wagering combinations correctly selecting the first four betting interest finishers, in correct order, along with any of the betting interests involved in the dead heat for fifth shall share in a profit split.

The numbers of the first five horses as made official shall constitute the winning combination, except that where two or more such horses are part of the same coupled entry or field only the best finishing position attained by such coupled entry or field horses shall be considered for pay-off purposes and the next best finishing horses not part of such coupled entry or field shall be selected to determine the winning jackpot super high five combination.

No change shall be made to the jackpot super high five wager format without the prior approval of the commission.

If a horse is scratched or declared a nonstarter, no further tickets may be issued designating such horse, and all tickets previously issued designating such horse shall be refunded and the money deducted from the gross pool.

If no ticket is sold on a winning combination in a quinella pool, the net pool shall be apportioned among those holding tickets designating the horse placing first with any other horse and those holding tickets designating the horse placing second with any other horse, in the same manner in which a place pool is calculated.

In case of a dead heat between two horses for the first place, that combination shall be the winner of the quinella pool. In cases of a dead heat for first place involving more than two horses, the net pool shall be calculated and distributed to holders of tickets combining any two dead-heated horses as in a win pool dead heat.

The numbers of the first two horses as made official shall be the winning combination regardless of their respective order of finish, except that where more than one of such horses is part of a coupled entry or field with another of such horses, only the one best finisher of such horses shall be counted in the winning combination for payoff, and the horse or horses not in such coupled entry or field finishing the same, or, if applicable, next finishing, shall be the other part of the winning quinella combination. For example, if two horses in a coupled entry (or field):

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 harness 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 duties in the mutuel department of the harness racing association.

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

The rules in this section shall govern all super exotic pari-mutuel pools conducted by a licensed harness track operator.

A super exotic pari-mutuel pool known as the “pick-seven,” “pick-eight,” “pick-nine,” “pick-ten” or such other name as may be approved by the commission, is authorized to be conducted by a harness track operator upon the outcome of 7, 8, 9 or 10 consecutive pari-mutuel races to be contested at such operator’s track on the same racing program. Such pool shall be separate and distinct from all other pari-mutuel pools conducted at such track. Wagers in such pool shall be represented by pari-mutuel tickets immediately distinguishable from pari-mutuel tickets issued in other pools. A wager, that shall select a winner for each designated race, shall be included on the same pari-mutuel ticket, that shall be issued prior to the start of the first designated super exotic race. Races designated for the super exotic pool shall be clearly described as such in the official program.

In general, after deductions for cancellations, refunds and statutory take-out, the resulting super exotic net pool shall be distributed, less breaks, to the holders of tickets selecting winners of all designated races in the pool. Should there be no wager selecting winners of all designated races, then, at the option of the track operator, established before the first such pool of the meeting is conducted, a stated percentage of not less than 25 percent nor more than 75 percent of the net pool shall be distributed, less breaks, to the holders of tickets selecting the winners of the most super exotic races and the balance of the net pool shall be carried over and added to and distributed with the net pool of the next subsequent super exotic pool in which a wager correctly selects the winners of all designated super exotic races. The number of races designated for the super exotic pool shall not be changed during a meeting until a wager has correctly selected the winner of every designated race of a super exotic pool or until there has been an intermediate distribution.

In addition to the net pool and any carry-overs distributable when a wager correctly selects winners of all designated races of a super exotic pool, there shall be distributed by the track operator from its own funds, upon such occurrence, any amounts it has advertised that it will add to the total distribution, or any amounts necessary to yield an advertised guaranteed total distribution.

Prior to the last two weeks of a licensed race meeting, a date and program approved by the commission may be announced by the track operator when (provided no one thereafter has correctly selected the winners of all designated races of a super exotic pool through such program) accumulated carry-overs in an amount announced by the track operator will be added to the established percentage of the net pool distributable to wagers selecting the winners of the most races of the super exotic pool conducted on such program. The balance of undistributed carry-overs above such announced amount, plus any carry-over from such program, shall in turn carry-over for distribution with subsequent super exotic pools conducted by such track operator. An intermediate distribution may also be directed at any time, upon three days' notice by the commission, of such portion or all of the accumulated carry-over money as may be directed by the commission.

The commission shall select a date and program during the final week of the licensed race meeting of a track operator when there shall be a final distribution of all accumulated carry-overs together with the entire net pool of the super exotic pool conducted during such program to the holders of wagers selecting the winners of the most super exotic races contested during such program. Thereafter no super exotic pools will be conducted at such meeting. In the event that all super exotic races on the program designated for final distribution are cancelled, and no further programs are conducted at the meeting, the commission shall require that a super exotic pool be conducted on the first program of the next subsequent race meeting conducted at such track by such track operator to provide for final distribution for such prior meeting. The commission may also order a final distribution for an earlier time in the commission’s discretion.

Each horse in a dead heat for win shall be considered the winner, and no allocations among wagers shall be made as a result thereof, unlike the practice in a pari-mutuel win pool. The payoff price per dollar shall be the same for all winning wagers.

At any time after wagering begins on the pool should an entire betting entry or field be scratched or declared a nonstarter in any super exotic race, no further tickets selecting such betting entry or field shall be issued, and wagers upon such betting entry or field, for purposes of the super exotic pool, shall be deemed wagers upon the betting entry or field upon which the most wagers have been registered in the win pool at the track at the close of win pool betting for such race (designated horse). (In the event of a money tie, the tied betting entry or field with the lowest program number shall be designated.) Wagers remaining in the pool upon horses that may have been scratched will, in the case of multiple betting entries or fields be deemed wagers upon the horses remaining in such entries or fields, and in the case of single betting entries be deemed wagers upon the designated horse in the race affected by the scratch. Should the balance of a betting entry or field race as a nonbetting starter for purposes of other pari-mutuel pools, as provided in section 4122.27 of this Part, wagers upon such entry or field shall be deemed wagers upon the designated horse for such race. Should a programmed starter be scratched or declared a nonstarter prior to the start of the first leg, the betting operator shall be authorized to refund any tickets designating betting entries affected thereby prior to such first leg.

Except for pools in which an intermediate or final distribution is to be made, should one or more super exotic races be cancelled, no carry-overs from prior super exotic pools, advertised guaranteed amounts nor advertised added amounts will be distributed to winners in such super exotic pool and that program's entire net pool only shall be distributed, less breaks, to holders of wagers upon the winners of all super exotic races contested for such pool. Should no wager select the winners of all super exotic races contested, the established percentage of that net pool shall be distributed, less breaks, to the holders of wagers upon the winners of the most super exotic races contested and the balance shall be carried over as elsewhere provided in this section, for subsequent distribution.

Two percent of the total super exotic pool shall be held apart by the track operator from the take-out of each super exotic pool to reimburse such track operator for the cost of any insurance it may secure to guarantee minimum distributions to winners of such pools, or to reimburse a track operator for funds it expends for added money or guaranteed minimum distributions to winners of such pools. Any accumulation of such two percent allocations not necessary to reimburse a track for expenditures actually incurred for such purposes shall be added to the amounts distributable in the pool designated for final distribution for the year.

Every wagering combination entitled to a payoff shall be posted publicly by the track operator together with the payoff price therefor.

Carry-over monies shall be held in a separate account in trust by track operators for the benefit of participants in super exotic pools until distributed.

Added monies or guaranteed minimum distributions advertised by a track operator shall not be reduced for subsequent super exotic pools until a wager correctly selects winners of all designated races of a super exotic pool, or a final distribution occurs, whichever is first. Advertised added monies or minimum distributions shall not apply to intermediate or final distributions unless a wager correctly selects winners of all designated races of the super exotic. A guaranteed minimum distribution or guaranteed added money amount, once advertised, may not be reduced and shall continue to be guaranteed by the track operator for every super exotic pool for the balance of the meeting.

Unless otherwise ordered by the commission, information concerning combinations wagered upon or not wagered upon in a super exotic pool shall not be disclosed by the tote operator or otherwise, until all races of a super exotic pool have been contested and declared official. The operation of the totalisator equipment and reports generated thereby as well as the communication of any information concerning such pool shall be subject to the strict supervision of the commission.

Super exotic tickets shall be nontransferable and violations of this subdivision may lead to confiscation and cancellation of such tickets in addition to other disciplinary action.

Should circumstances occur that are not foreseen in this section, questions arising thereby shall be resolved in accordance with general pari-mutuel practice in the judgment of the presiding judge. Decisions regarding distribution of super exotic pools are final and unappealable.

These rules shall be posted in the public area of the track by the track operator and copies thereof shall be made available to the public by the track operator.

At any time after wagering begins on the pick four pool, should an entire betting entry or field be scratched or declared a nonstarter in any pick four race, no further tickets selecting such betting entry or field shall be issued, and wagers upon such betting entry or field, for purposes of the pick four pool, shall be deemed wagers upon the betting entry or field (designated horse) upon which the most wagering money has been registered at the track in the win pool at the close of win pool betting for such race. (In the event of a money tie, the tied betting entry or field upon which the most wagering money has been registered at the track in the place pool at the close of place pool betting for that race shall be designated.) Wagers in the pick four pool upon an entry or field of horses from which a starter or starters may have been scratched will, in the case of such entry or field, be deemed wagers upon the horse or horses remaining in such entry or field; except at tracks with totalisator capability to record wagers selecting a coupled entry (or field) and wagers selecting any individual constituent horses therein (merging such wagers for odds display and payoff purposes), in which case, the wagers upon scratched constituent horses will be deemed wagers upon the “designated horse” in such race. In case no starter remains representing any betting entry or field, wagers upon such entry or field shall be deemed wagers upon the “designated horse” in the race affected by the scratch. Should the balance of a betting entry or field race as a nonbetting starter for purposes of other pari-mutuel pools, as provided in section 4122.27 of this Part, wagers upon such entry or field shall be deemed wagers upon the “designated horse” for such race. Should a programmed starter be scratched or declared a nonstarter in any pick-four race prior to the start of the first leg, the betting operator shall be authorized to refund any tickets designating betting entries affected thereby prior to such first leg.

In the event of a dead heat for win in any or all pick four races, all pick four tickets designating either horse to win in said race or races shall be eligible for participation in the remaining pick four races, and the net pool shall be equally distributed to the winners, that is, the net pool will be divided by the total amount represented by all winning tickets and the resulting price, per dollar, and after breakage, shall be the payoff price, which shall be uniform for any winning combination.

Should a programmed starter be scratched or declared a nonstarter in any pick-six jackpot race before the start of the first pick-six jackpot race, affected bettors may select another betting interest, if a wager can be canceled and a replacement wager issued before the start of the first pick-six jackpot race, or may obtain a cancellation of the wager issued before the start of the first race of the pick-six jackpot sequence. If neither option is exercised, then wagers upon such scratched or declared nonstarter shall be deemed wagers upon the designated horse for such race. The designated horse means the betting entry or field upon which the most wagering money has been registered at the track in the win pool at the close of win-pool betting for such race. (In the event of a money tie, the tied betting entry or field with the lowest program number shall be designated.) At any time after wagering begins on the pick-six jackpot pool, should an entire betting entry or field be scratched or declared a nonstarter in any pick-six jackpot race, no further tickets selecting such betting entry or field shall be issued, and wagers upon such betting entry or field, for purposes of the pick-six jackpot pool, shall be deemed wagers upon the designated horse. Wagers in the pick-six jackpot pool upon an entry or field of horses from which a starter or starters may have been scratched will, in the case of such entry or field, be deemed wagers upon the horse or horses remaining in such entry or field, except at tracks with totalisator capability to record wagers selecting a coupled entry (or field) and wagers selecting any individual constituent horses therein (merging such wagers for odds display and payoff purposes), in which case, the wagers upon scratched constituent horses will be deemed wagers upon the designated horse in such race. In case no starter remains representing any betting entry or field, wagers upon such entry or field shall be deemed wagers upon the designated horse in the race affected by the scratch. Should the balance of a betting entry or field race as a non-betting starter for purposes of other pari-mutuel pools, as provided in section 4122.25 of this Part, wagers upon such entry or field shall be deemed wagers upon the designated horse for such race. Should a programmed starter be scratched or declared a nonstarter prior to the start of the first leg, the betting operator shall be authorized to refund any tickets designating betting entries affected thereby prior to such first leg.

Except as otherwise provided in subdivision (h) of this section:

This subdivision applies except for pick-six jackpot pools in which an intermediate or final distribution is to be made. The net pool shall be distributed as a single price pool to those whose selection finished first in the greatest number of pick-six jackpot races, if one or two pick-six jackpot races are cancelled or declared no race, non-betting or no contest after the first pick-six jackpot race has been made official. The pick-six jackpot pool shall be declared off and the gross pool refunded:

Each horse in a dead heat for win shall be considered the winner, and no allocations among wagers shall be made as a result thereof, unlike the practice in a pari-mutuel win pool. The payoff price per dollar shall be the same for each class of winning wager.

Carryovers from prior pick-six jackpot pools, advertised guaranteed amounts or advertised added amounts will be distributed to winners in such day's pick-six jackpot pools, provided that there are no cancelled or no-contest races in the pick-six jackpot sequence and no intermediate or final distribution is to be made.

Prior to the last two weeks of a race meeting at a track, a date and program approved by the commission may be announced by the track operator at which (provided no one thereafter has the only wager that correctly selects the winners of all six designated races) accumulated carryovers will be added to the net pool distributable to wagers selecting the winners of the most races of the pick six jackpot pool conducted on such program. Distributing the pick-six jackpot carryover requires a written request for permission submitted for Commission approval. The request must contain justification for the distribution, an explanation of the benefit to be derived and intended date of the distribution. If all pick-six jackpot races on the program designated for intermediate distribution are canceled, or the pick-six jackpot pool is refunded, a pick-six jackpot pool shall be conducted on the next available race date with entries not yet carded. If no further programs are conducted at the race meeting, a pick-six jackpot pool shall be conducted on the first program of the next meeting conducted at such track by such track operator to provide for final distribution for such prior meeting. An intermediate distribution also may be directed at any time at the commission's discretion, upon three days' notice by the commission, so long as entries have not yet been carded.

The track shall select, with the approval of the commission, a date and program during the final week of the annual assigned racing dates of the track operator, when there shall be a final distribution of all accumulated carryovers. The unique-wager provision of this section (set forth in paragraph [g][1] of this section) shall be suspended, and the entire pool shall be distributed as a single-price pool to those whose selection finished first in the greatest number of pick-six jackpot races. Thereafter, no pick-six jackpot pools are permitted to be conducted during such week. In the event that all pick-six jackpot races on the program designated for final distribution are cancelled, or the pick-six jackpot pool is refunded, and no further programs are conducted at the meeting, the commission shall require that a pick-six jackpot pool be conducted on the first program of the next race meeting conducted at such track by such track operator to provide for final distribution for such prior meeting. The commission also may order a final distribution for an earlier time in the commission's discretion.

Every pick-six jackpot wagering combination entitled to a payoff shall be posted publicly by the track operator together with the payoff price.

Pick-six jackpot tickets shall be nontransferable, and violations of this subdivision may lead to confiscation and cancellation of such tickets in addition to other disciplinary action.

Unless otherwise ordered by the commission, information concerning combinations wagered upon or not wagered upon in a pick-six jackpot pool shall not be disclosed by the totalisator operator, or otherwise, until the final pick-six jackpot race remains as the only race to be contested for completion of the pick-six jackpot wager. The operation of the totalisator equipment and reports generated thereby, as well as the communication of any information concerning such pool, shall be subject to the strict supervision of the commission.

Advertised added monies or minimum distributions shall not apply to intermediate or final distributions, unless a wager correctly selects winners of all six designated races, or five winners and no more than one all-win of the pick-six pool. A guaranteed minimum distribution or guaranteed added money amount, once advertised, may not be reduced and shall continue to be guaranteed by the track operator for every pick-six pool for the balance of the meeting.

Interfacing of off-track wagers shall be accomplished according to procedures approved by the commission. In the event there is a failure to interface all such wagers with on-track wagers in accordance with such procedures, the procedure for distribution of the pool and computation of payoff prices shall be approved by the commission.

Carry-over monies shall be held in a separate account in trust by track operators for the benefit of participants in pick-six pools until distributed.

A percentage designated by the track operator and approved by the commission, not exceeding two percent of the total daily pick-six jackpot pool wagering, shall be held apart by the track operator from the takeout of each pick-six jackpot pool to reimburse such track operator for the cost of any insurance it may secure to guarantee minimum distributions to winners of such pools, or to reimburse a track operator for funds such track operator expends for added money or guaranteed minimum distributions to winners of such pools. Any accumulation of such allocations not necessary to reimburse a track for expenditures actually incurred for such purposes shall be added to the amounts distributable in the pool designated for final distribution for the meeting.

An association or corporation must obtain written approval from the commission for the initial scheduling or specific performances of Grand Slam races or any other name used to characterize this bet type, and identify the pari-mutuel pool and any required distribution percentages. Changes to the approved Grand Slam format, or suspension of previously approved Grand Slam wagering, require prior written approval from the commission.

In addition to the types of wagers authorized by this Part, an association or corporation may, with the prior permission of the commission, offer any type of pari-mutuel wagering as defined by chapter 9, Pari-Mutuel Wagering, Uniform Rules of Racing, as adopted and published in December, 1996 by the Association of Racing Commissioners International at 2343 Alexandria Drive, Suite 200, Lexington, KY 40504-3276. This is available for public inspection at the New York State Gaming Commission located at 354 Broadway, Schenectady, NY 12305 and at the Department of State, 99 Washington Avenue, Albany, NY 12231.