Section 462.140 - Prohibitions concerning bookmaking, betting; track take; computation, use of breaks(1) A person may not conduct or commit, attempt or conspire to conduct or commit pool selling, bookmaking, or circulate handbooks, or bet or wager on any licensed race meet, other than by the mutuel method. All moneys wagered in Oregon must be accounted for through a computerized mutuel wagering system in use by an operating race meet in this state and approved by the Oregon Racing Commission. Wagering into pools outside of Oregon via telephone or other device is prohibited unless the wagering information is transmitted by a licensee that conducts off-race course mutuel wagering pursuant to ORS 462.700 to 462.740.(2) A race meet licensee may not take more than 22 percent of the gross receipts of any mutuel wagering system subject to approval by the commission.(3) A race meet licensee shall compute breaks in the mutuel system at 10 cents for each dollar wagered in a specific mutuel pool except, when the breaks in the mutuel system compute to less than 10 cents total for each dollar wagered, the race meet licensee shall compute the breaks on that specific mutuel pool at five cents. When the breaks in the mutuel system compute at 10 cents or more for each dollar wagered, the race meet licensee shall pay in increments of 10 cents for each dollar wagered. When the breaks in the mutuel system compute to less than 10 cents for each dollar wagered, the race meet licensee shall pay five cents for each dollar wagered. For horses, 45 percent of the breaks shall be retained by the licensee. For greyhounds, 33-1/3 percent shall be retained by the licensee. The other 55 percent for horses and 66-2/3 percent for greyhounds shall be paid as follows: (a) For thoroughbred horse races, to the Oregon Thoroughbred Owners and Breeders Association, Incorporated, to be used by that association subject to prior approval of the commission, in such amounts and for such of the following purposes as the association deems desirable: (C) For education of the members of the association and other horsemen regarding the breeding and racing of thoroughbred horses; or(D) For the promotion and development of thoroughbred horse breeding and racing in Oregon.(b) For quarter horse races, to the Oregon Quarter Horse Racing Association, Incorporated, to be used by that association subject to prior approval of the commission, in such amounts and for such of the following purposes as the association deems desirable: (C) For education of the members of the association and other horsemen regarding the breeding and racing of quarter horses; or(D) For the promotion and development of quarter horse breeding and racing in Oregon.(c) For races for any other horses not designated in paragraphs (a) and (b) of this subsection, to each association of horsemen recognized by the commission as representing the other breeds of horses, to be used by that association subject to prior approval of the commission, in such amounts and for such of the following purposes as each recognized association deems desirable: (C) For education of the members of the association and other horsemen regarding the breeding and racing of horses; or(D) For the promotion and development of horse breeding and racing in Oregon.(d) By a licensee of a race meet for greyhounds: (A) One-half thereof to augment purses subject to reasonable regulations prescribed by the commission.(B) The other one-half thereof for benefit and improvement of the breeding, ownership, training and racing of greyhounds in Oregon, subject to reasonable regulations prescribed by the commission. Included, but not by way of limitation, would be payment of purses for maiden graduation or special schooling races without wagering, and construction and operation of one or more appropriate public training facilities within the state. All such funds shall be retained by the licensee in an account separate from all other funds, and no disbursements or transfers shall be made therefrom without prior approval of the commission. Amended by 1955 c.456 §1; 1957 c.313 §9; 1965 c.627 §1; 1969 c.356 §19; 1975 c.550 §7; 1977 c.855 §5; 1979 c.698 §4; 1981 c.544 §12; 1985 c.675 §7; 1987 c.413 §20; 1993 c.682 §6; 1997 c.865 §8; 2005 c. 777, § 20; 2007 c. 177, § 6