Title 9 Part 4215

Such rules for pari-mutuel betting as may be specified by the commission shall be printed in the daily racing programs sold to the public within the premises of racing association.

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

No pari-mutuel tickets shall be sold except at regular ticket windows, properly designated by signs, except that tickets may be issued by automated ticket machines, or bets may be sold by designated couriers, according to procedures approved by the commission. No such tickets shall be exchanged.

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 Tax Commission for inspection, and the ruling of said commission thereon shall be final and conclusive.

No person known to be under the age of 21 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 15 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 the judges 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, to be designated by the chairman, shall make examination daily of the records of employment of the pari-mutuel employees, and he shall make written reports to the commission with respect to the citizenship and place of residence of such employees.

Every horse shall be considered a starter when the stall gates open on the signal of the starter.

If it be determined by the steward that a horse has been prevented from racing because of the failure of the stall door of the starting gate to open, the money bet on the horse shall be refunded and such horse or horses shall be considered as scratched, notwithstanding the placing of any remaining part of an entry or field.

In all races except sweepstakes with five or more separate entries which start, racing associations shall provide win, place and show pools; in all races with four separate entries which start, they shall provide win and place pools; in races of three or two separate entries which start, they shall provide only a win pool; and pari-mutuel tickets shall be sold accordingly; provided, however, that in sweepstakes with less than four separate entries which start, racing associations may, at their 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 Part shall be made except upon the presentation and surrender of the ticket.

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 quarter horse 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 or their duties in the mutuel department of the quarter horse racing association.

Every corporation or association shall pay to the New York State Quarter Horse Breeding and 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.