N.Y. Comp. Codes R. & Regs. tit. 9 § 4004.6

Current through Register Vol. 46, No. 25, June 18, 2024

Section 4004.6 - Transmission of racing information

Except as otherwise provided in the rules or by statute, information concerning races conducted at all pari-mutuel thoroughbred tracks in New York shall not be transmitted from any such track unless approved by the commission. The term racing information shall be deemed to include live, delayed or simulated descriptions of a race whether by audio or video transmission, the odds resulting from any betting registered before a race and other types of information, including but not limited to entries, program numbers, jockey changes, post positions, scratches, race results and pay-off prices.

(a) The commission, in making its determination, shall consider the following criteria, information concerning which must be submitted by the racing association or corporation:

(1) the nature of racing information as defined herein to be transmitted;

(2) the location to and from which such racing information is to be transmitted;

(3) the means and method of transmission of racing information;

(4) the terms of any contracts or agreements relating to the transmission of racing information; copies of all relevant contracts shall be submitted; and

(5) any other relevant information that may be specifically requested by the commission.

(b) If an application involves the transmission of racing information to a location other than an off-track betting corporation facility via a cable or closed circuit radio or television transmission, which location is either within a nonparticipating county or within the market area of a regional track then the racing association or corporation whose racing information is to be transmitted shall notify the clerk of such county or the head of such track in order that such county or track may submit written comments on such application to the commission.

(c) The commission, in the commission's discretion, may order a hearing on any application seeking the commission's approval for the transmission of racing information pursuant to this section.

(d) The commission shall approve an application submitted pursuant to this section only if it finds that such application is consistent with the best interest of the racing industry in general.

(e) The commission may suspend or revoke the commission's prior approval of the transmission of racing information and may order the termination of any such transmission for good cause.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4004.6