Section 1003. Licenses for simulcast facilities

1.  (a)  Any  racing
  association or corporation or regional  off-track  betting  corporation,
  authorized  to conduct pari-mutuel wagering under this chapter, desiring
  to display the simulcast of horse races  on  which  pari-mutuel  betting
  shall  be permitted in the manner and subject to the conditions provided
  for in this article may apply to the board  for  a  license  so  to  do.
  Applications  for licenses shall be in such form as may be prescribed by
  the board and shall  contain  such  information  or  other  material  or
  evidence  as  the  board  may require. No license shall be issued by the
  board authorizing the simulcast transmission of thoroughbred races  from
  a  track  located  in Suffolk county. The fee for such licenses shall be
  five hundred dollars per simulcast facility  per  year  payable  by  the
  licensee  to  the  board  for  deposit  into the general fund. Except as
  provided herein, the board shall not approve any application to  conduct
  simulcasting  into  individual or group residences, homes or other areas
  for the purposes of or in  connection  with  pari-mutuel  wagering.  The
  board  may approve simulcasting into residences, homes or other areas to
  be  conducted  jointly  by  one  or  more  regional  off-track   betting
  corporations and one or more of the following: a franchised corporation,
  thoroughbred  racing  corporation  or  a  harness  racing corporation or
  association; provided (i) the simulcasting consists only of those  races
  on  which  pari-mutuel  betting  is authorized by this chapter at one or
  more simulcast facilities for each of the contracting off-track  betting
  corporations  which shall include wagers made in accordance with section
  one thousand fifteen, one thousand sixteen and one thousand seventeen of
  this article; provided further that the  contract  provisions  or  other
  simulcast  arrangements  for  such  simulcast  facility shall be no less
  favorable than those in effect on January first, two thousand five; (ii)
  that each off-track betting corporation  having  within  its  geographic
  boundaries  such residences, homes or other areas technically capable of
  receiving the simulcast signal shall be a contracting party;  (iii)  the
  distribution  of  revenues  shall be subject to contractual agreement of
  the parties except that statutory payments to  non-contracting  parties,
  if  any,  may  not be reduced; provided, however, that nothing herein to
  the contrary shall prevent a track  from  televising  its  races  on  an
  irregular basis primarily for promotional or marketing purposes as found
  by  the board. For purposes of this paragraph, the provisions of section
  one thousand thirteen of this article shall  not  apply.  Any  agreement
  authorizing  an  in-home simulcasting experiment commencing prior to May
  fifteenth, nineteen hundred ninety-five, may,  and  all  its  terms,  be
  extended until June thirtieth, two thousand ten; provided, however, that
  any  party  to such agreement may elect to terminate such agreement upon
  conveying written notice to all other parties of such agreement at least
  forty-five days prior to the effective  date  of  the  termination,  via
  registered  mail.  Any party to an agreement receiving such notice of an
  intent to terminate, may  request  the  board  to  mediate  between  the
  parties  new terms and conditions in a replacement agreement between the
  parties as will permit continuation of an in-home experiment until  June
  thirtieth,  two  thousand  ten;  and (iv) no in-home simulcasting in the
  thoroughbred special betting district shall occur without  the  approval
  of the regional thoroughbred track.
    (b)  Any  agreement  authorizing in-home simulcasting pursuant to this
  section shall be in writing, and upon written request, a copy  shall  be
  provided   to   the   representative  horsemen's  group  of  the  racing
  association or  corporation  that  is  party  to  said  agreement.  Such
  agreement  shall  include a categorical statement of new and incremental
  expenses directly related and attributable to  the  conduct  of  in-home
  simulcasting.  The  representative  horsemen's  group may, within thirty

  days of receiving the agreement, petition the board for a  determination
  as  to the appropriateness and reasonableness of any expenses attributed
  by either the racing association or corporation or the off-track betting
  corporation.
    2.  Before  it  may  grant  such  license,  the board shall review and
  approve a plan of operation submitted by such applicant  including,  but
  not  limited  to  the  following  information:  a.  A  feasibility study
  denoting the revenue earnings expected from the simulcast  facility  and
  the  costs expected to operate such facility. No feasibility study shall
  be received for a simulcast facility  that  is  applying  to  renew  its
  license.    The form of the feasibility study shall be prescribed by the
  board and may include:
    (i) the number of simulcast races to be displayed;
    (ii) the types of wagering to be offered;
    (iii) the level of attendance expected and the area  from  which  such
  attendance will be drawn;
    (iv) the level of anticipated wagering activity;
    (v)  the  source  and  amount  of  revenues  expected  from other than
  pari-mutuel wagering;
    (vi)  the  cost  of  operating  the   simulcast   facility   and   the
  identification  of  costs to be amortized and the method of amortization
  of such costs;
    (vii) the amount and source  of  revenues  needed  for  financing  the
  simulcast facility;
    (viii)  the  probable  impact of the proposed operation on revenues to
  local government;
    b. The security measures to be employed to protect  the  facility,  to
  control  crowds,  to safeguard the transmission of the simulcast signals
  and to control the transmission of wagering data  to  effectuate  common
  wagering pools;
    c.  The  type  of  data  processing,  communication  and  transmission
  equipment to be utilized;
    d. The description  of  the  management  groups  responsible  for  the
  operation of the simulcast facility;
    e.  The  system  of accounts to maintain a separate record of revenues
  collected by the simulcast facility, the distribution of  such  revenues
  and the accounting of costs relative to the simulcast operation;
    f.  The  location  of  the  facility  and  a written confirmation from
  appropriate local officials that the location of such facility  and  the
  number  of  patrons  expected  to occupy such facility are in compliance
  with all applicable local ordinances;
    g. The written agreements and letters  of  consent  between  specified
  parties  pursuant to sections one thousand seven, one thousand eight and
  one thousand nine of this article.
    3. Within forty-five days of receipt of the plan of operation provided
  in subdivision two of this section,  the  board  shall  issue  an  order
  approving the plan, approving it with modifications or denying approval,
  in  which latter case the board shall state its reasons therefor. Within
  such period the board may  request  additional  information  or  suggest
  amendments.  If  the  board fails to approve the plan, the applicant may
  request a public hearing to be held within thirty days of  the  issuance
  of  an  order  denying it. The board shall issue its final determination
  within ten days of such hearing. The applicant  may  submit  an  amended
  application no sooner than thirty days after a denial.
    4.  No racing association or corporation or regional off-track betting
  corporation shall be allowed to  operate  a  simulcast  facility  except
  according  to the provisions of an approved plan of operation. No change
  in such plan of operation may  occur  until  an  amendment  proposing  a

  change  to the plan is approved by the board. A plan of operation may be
  amended from time to time at the request of either the operator  or  the
  board.  The  operator  shall  have  the right to be heard concerning any
  amendment  to  the  plan  and  the  board shall dispose of such proposed
  amendments as expeditiously as practicable, but  no  later  than  thirty
  days  following submission by the operator or, in the case of amendments
  proposed by the board, objection by the operator.
    5. For the purpose  of  maintaining  proper  control  over  simulcasts
  conducted  pursuant to this article, the state racing and wagering board
  shall license any person, association or  corporation  participating  in
  simulcasting,  as  the  board  may  by rule prescribe, including, if the
  board deem it necessary so to do, any or all  persons,  associations  or
  corporations  who  create,  distribute,  transmit  or  display simulcast
  signals. In the case of  thoroughbred  racing  simulcasting  or  harness
  racing  simulcasting,  such  licenses shall be issued in accordance with
  and subject to the provisions governing licenses  for  participants  and
  employees  in  article  two  or  article three of this chapter as may be
  applicable to such type of racing.