9 NYCRR Part 4410 - Executive Department

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Source version current through Sep 15, 2021

All 5 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 4410.1 - Applicable rules

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Unless otherwise provided in this Part, the formulas, methods of distribution and other provisions regarding pari-mutuel pools at in-State tracks under the jurisdiction of the commission shall constitute the rules governing pools conducted by off-track betting corporations on racing at such tracks.

9 NYCRR 4410.2 - Out-of-state double exacta

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)The double exacta (or other approved name) is a form of pari-mutuel wagering conducted by an off-track betting corporation on out-of-state races. Each bettor selects, in order, the first and second placed horses in each of the two races designated and advertised by the corporation as the double exacta races. To win, except as hereinafter provided, a ticket must bear, in exact order, the first and second placed horses in each double exacta race as designated on the ticket. The double exacta pool shall be held entirely separate from all other pools and is no part of a daily double, exacta, triple or other wagering pool.

(b)Resale of double exacta tickets from one individual to another is prohibited, shall be grounds for ejection, and may be deemed illegal gambling.

(c)Races in which double exacta pools shall be conducted shall be approved by the commission and shall be clearly designated in the program and racing cards and mutuel tickets issued by the corporation.

(d)The design of double exacta tickets shall be clearly and immediately distinguishable from other pari-mutuel tickets.

(e)Scratch.

(1)If a horse is scratched or declared a nonstarter in either of the two races designated as the double exacta races before the running of the first of those races, no further double exacta tickets may be issued designating such horse and all double exacta tickets previously issued designating such horse shall be refunded and the money deducted from the gross pool.

(2)Should any horse be scratched or declared a nonstarter in the second half of the double exacta after the first half of the double exacta has been raced, all tickets combining the scratched horse with the winning combination of the first half shall become consolation tickets and shall be paid at a price per dollar bet determined as follows: the net double exacta pool (gross pool less commission) shall be divided by the total purchase price of all double exacta tickets combining the winners of the first half of the double exacta, and the result obtained shall constitute the consolation prize to be paid per dollar bet. The total amount payable on consolation tickets shall be deducted from the net double exacta pool.

(f)Failure to select a winning combination.

(1)If no double exacta ticket is sold combining the winner and second place horse in order in the first half of the double exacta, all double exacta tickets designating the winner to win in the first half shall be considered a winning combination and shall be eligible for participation in the second half of the double exacta. In the event one horse only finishes and is declared winner, all double exacta tickets designating that horse to win in the first half shall be considered winning combinations and shall be eligible for participation in the second half of the double exacta.

(2)If no double exacta ticket is sold designating the winner of the first half of the double exacta to win, all double exacta tickets shall be eligible for participation in the second half.

(3)If the first half of the double exacta is cancelled or declared “no race”, the double exacta shall be declared off and the gross pool refunded.

(4)If no double exacta ticket is sold combining the winner and second place horse in order in the second half of the double exacta, the net double exacta pool shall be distributed to holders of double exacta tickets designating the winning combination of the first half and the second half winner to win. If no double exacta ticket is sold designating the winning combination of the first half and the winner to win in the second half of the double exacta, the net pool shall be distributed as a win pool to holders of those tickets designating the winning combination of the first half of the double exacta.

(5)If for any reason, the second half of the double exacta races is cancelled or declared “no race”, the net pool shall be distributed as in a win pool to holders of tickets designating the winning combination of the first half of the double exacta.

(g)Dead heats.

(1)In the event of a dead heat for win in the first half of the double exacta, all double exacta tickets designating the winners in any combination are eligible for participation in the second half of the double exacta pool in accordance with established pari-mutuel practice relative to dead heats in win pools.

(2)In the event of a dead heat for win in the second half of the double exacta, the double exacta pool shall be distributed to each combination of winners separately as in a win pool dead heat in accordance with established pari-mutuel practice relative to dead heats.

(3)In the event of a dead heat for place in the first half of the double exacta, all double exacta tickets combining the winner with each second place horse are eligible for participation in the second half of the double exacta pools in accordance with established pari-mutuel practice relative to dead heats in win pools.

(4)In the event of a dead heat for place in the second half of the double exacta, the double exacta pool shall be divided as in a win pool dead heat among holders of double exacta tickets combining the winner with each second place horse in accordance with established pari-mutuel practice relative to dead heats.

(h)In the event of occurrences not encompassed within the explicit provisions of this section, distribution shall be formulated on the basis of established pari-mutuel practice and in accordance with the distribution philosophy set forth herein; provided, nevertheless, that if full distribution of the pool is made on the basis of outstanding tickets, the method of formulation announced by the corporation and upon which basis payments have been made shall be deemed conclusively correct and not subject to review.

(i)Coupled entries and fields for betting purposes shall not be allowed in the double exacta, and all horses, even if so coupled at the out-State track, shall be deemed separate betting interests by the corporation; provided, however, that such fact shall be advertised to the public in each betting facility.

(j)Copies of this section shall be made available free of charge to the public in each betting facility of the corporation.

(k)Placing of horses shall follow the official placing for betting purposes at the out-of-state track and such placing shall be conclusive for distribution purposes herein.

(l)Pools of all off-track betting corporations conducting a double exacta on the same races shall be combined into a single statewide pool for the calculation of odds and the determination of payouts which shall be uniform throughout the State.

9 NYCRR 4410.3 - Off-track pick four pool conducted solely off-track

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)When approved by the commission after filing of the required written consent of the track affected, an off-track betting pool designated a pick four pool may be conducted by one or a combination of off-track betting corporations in a single off-track pool, which pool is not combined with any pool at a track.

(b)The pick four (or other approved name) is a form of pari-mutuel wagering conducted by an off-track betting corporation on four races run at any track specifically designated as the pick four races by the commission. Each bettor selects, in order, the first placed horse in each of the four races designated and advertised by the corporation as the pick four races, in the race order so designated by the commission.

(c)The pick four is not a parlay and has no connection with nor relation to the other betting pools for the respective races. The pick four pool shall be held entirely separate from all other pools and is no part of a daily double, exacta, triple or other wagering pool.

(d)Resale of pick four tickets from one individual to another is prohibited, shall be grounds for ejection, and may be deemed illegal gambling.

(e)Races in which pick four pools shall be conducted shall be approved by the commission and shall be clearly designated in the program and racing cards issued by the corporation.

(f)The design of the pick four tickets shall be clearly and immediately distinguishable from other pari-mutuel tickets.

(g)Scratched horses and nonstarters.

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 site of the statewide interface 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.) 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 that if 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), is employed, then 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 at the site of the statewide interface, 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.

(h)Failure to select a winning combination.

(1)If no pick four ticket is sold combining the winners of the four pick four races, all pick four tickets designating three winners shall be considered winning tickets and the net pool distributed equally to holders of said tickets.

(2)If no pick four ticket is sold combining the winners of either four or three races of the four pick four races, all pick four tickets designating two winners shall be considered winning tickets and the net pool distributed equally to holders of said tickets.

(3)If no pick four ticket is sold combining the winners of either four, three or two races of the four pick four races, all pick four tickets designating one winner shall be considered winning tickets and the net pool distributed equally to holders of said tickets.

(4)If no pick four ticket is sold designating any winner to win in the designated pick four races, the pick four shall be declared off and the gross pool refunded.

(5)If any of the designated races are cancelled or declared “no race,” the pick four will be determined by the winners of the remaining race or races.

(i)Dead heats.

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.

(j)In the event of occurrences not encompassed with the explicit provisions of this section, distribution shall be formulated on the basis of established pari-mutuel practice and in accordance with the distribution philosophy set forth in this section; provided, nevertheless, that if full distribution of the pool is made on the basis of outstanding tickets, the method of formulation announced by the corporation, and upon which basis payments have been made, shall be deemed conclusively correct and not subject to review.

(k)Copies of this section shall be made available free of charge to the public in each betting facility of the corporation.

(l)Placing of horses shall follow the official placing for betting purposes at the track, and such placing shall be conclusive for distribution purposes herein.

9 NYCRR 4410.4 - Off-track pick three pool conducted solely off-track

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)When approved by the commission after filing of the required written consent of the track affected, an off-track betting pool designated a pick three pool may be conducted by one or a combination of off-track betting corporations in a single off-track pool, which pool is not combined with any pool at a track.

(b)The pick three (or other approved name) is a form of pari-mutuel wagering conducted by an off-track betting corporation on three consecutive races run at any track, specifically designated as the pick three races by the commission. Each bettor selects, in order, the first placed horse in each of the three races designated and advertised by the corporation as the pick three races, in the order so designated by the commission.

(c)The pick three is not a parlay and has no connection with nor relation to the other betting pools for the respective races. The pick three pool shall be held entirely separate from all other pools and is no part of a daily double, exacta, triple or other wagering pool.

(d)Resale of pick three tickets from one individual to another is prohibited, shall be grounds for ejection, and may be deemed illegal gambling.

(e)Races in which pick three pools shall be conducted shall be approved by the commission and shall be clearly designated in the program and racing cards issued by the corporation.

(f)The design of the pick three tickets shall be clearly and immediately distinguishable from other pari-mutuel tickets.

(g)Scratch.

(1)If a horse is scratched or declared a nonstarter in any of the three races designated as the pick three races before the running of the first of those races, no further pick three tickets may be issued designating such horse and all pick three tickets previously issued designating such horse shall be refunded and the money deducted from the gross pool.

(2)Should any horse be scratched or declared a nonstarter in any race of the designated pick three races, the race in which the late scratch has occurred will be declared “no race” for purposes of the pick three pool only, and the net pools shall be distributed equally to the holders of tickets who have designated the winners of the remaining pick three races.

(h)Failure to select winning combination.

(1)If no pick three ticket is sold combining the winners of the three races, all pick three tickets designating two winners shall be considered winning tickets and the net pool distributed equally to holders of said tickets.

(2)If no pick three ticket is sold combining the winners of either three or two races of the pick three races, all pick three tickets designating one winner shall be considered winning tickets and the net pool distributed equally to holders of said tickets.

(3)If no pick three ticket is sold designating any winner to win in the designated pick three races, the pick three shall be declared off and the gross pool refunded.

(4)If any of the designated races are cancelled or declared “no race,” the pick three will be determined by the winners of the remaining race or races.

(i)Dead heats.

In the event of a dead heat for win in any or all pick three races, all pick three tickets designating either horse to win in said race or races shall be eligible for participation in the remaining pick three 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.

(j)In the event of occurrences not encompassed with the explicit provisions of this Part, distribution shall be formulated on the basis of established pari-mutuel practice and in accordance with the distribution philosophy set forth in this section; provided, nevertheless, that if full distribution of the pool is made on the basis of outstanding tickets, the method of formulation announced by the corporation and upon which basis payments have been made shall be deemed conclusively correct and not subject to review.

(k)Copies of this section shall be made available free of charge to the public in each betting facility of the corporation.

(l)Placing of horses shall follow the official placing for betting purposes at the track and such placing shall be conclusive for distribution purposes herein.

9 NYCRR 4410.5 - Parlay betting

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)When consistent with the public interest and the best interests of racing generally, with permission of the commission, an off-track operator may offer parlay betting as a service to the betting public involving races at tracks similarly offering such service.

(b)The parlay is not a pari-mutuel pool, but is a series of bets combining betting entries in win, place or show pools in each of two or more separate races in chronological order. The initial amount bet constitutes the bet on the first betting entry in the first parlay race (leg); if successful, the payoff from winning the first leg (to the lowest penny) is then bet on the betting entry designated in the second leg; if again successful, and if the parlay continues, the payoff from winning the second leg is then bet (to the lowest penny) in the third leg; etc.

(c)A parlay bet may combine any of the races on a daily program and must combine at least two and not over six races. Bets are limited to win, place or show pool types for which a corresponding pool is conducted on the race selected. The races in a parlay must be chronological but need not be consecutive nor combine the same type pool. The parlay shall be designated on one pari-mutuel ticket which may also evidence other parlay bets combining the same races.

(d)A parlay bet may not combine bets in the same race or earlier races (so-called reverse bets) nor on races on other day's programs.

(e)While payoffs inserted as bets in subsequent races are broken to the lowest penny (unlike regular payoffs), payoffs to the parlay bettor shall be broken to the lowest dime. Resulting parlay breakage shall be reported separately and added to regular breakage at the end of the program for the purpose of taxation and distribution.

(f)Parlay payoffs will be so inserted as bets in subsequent pools by the off-track operator that the amount of such bets, including their effect on the betting odds, will be displayed as soon as possible after the initial change of the morning line display at the track. (Bet totals in such pools shall be displayed in truncated fashion, to the lowest dollar.)

(g)If any taxing authority requires the withholding of any portion of a winning parlay payoff prior to the completion of all bets in the parlay, such parlay shall thereupon terminate at such point and be payable to the ticket holder without further completion, selections in future races being voided. Such consequence shall be publicly announced and prominently displayed by the off- track operator who shall inform the public by explanation and examples of the operation of this subdivision before the start of a day's program.

(h)Parlay wagers may be cancelled by the ticket holder, in accordance with track policy on cancellations, only prior to the start of the first parlay race in which a parlay selection starts. Thereafter, the parlay must either be completed or be terminated by operation of these rules in order to be entitled to a payoff. The holder of the parlay ticket shall not have the option to cash in such bet prior to completion after a designated parlay entry actually starts in a race.

(i)If a race, pool or betting entry in a parlay is scratched (which includes an entry being declared a nonstarter for betting purposes, or a race or pool being declared “off”) the parlay shall be constituted by the remaining legs; if there are no remaining legs, the parlay terminates.

(j)A bet on a coupled entry or field is considered a bet on the remaining part of such coupled entry or field in the event any part of such entry or field starts for pari-mutuel purposes in accordance with the rules governing the track where the race is held. Parlay tickets incorporating an entry or field in which a scratch occurs are refundable only in accordance with subdivision (h) of this section.

(k)Surcharge shall only accrue when a parlay becomes payable to the holder.

(l)Copies of this section shall be made available to the public by the off-track betting off-track operator in each of its branches.

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