Section 521. Approval of plans of operation; amendments

In order to
  accomplish the objectives of this article,  the  board  shall  have  the
  power,  subject  to  the provisions of this article but without limiting
  the generality of any provision of this chapter, to approve  a  plan  of
  operation  submitted  by  any regional corporation created under article
  five of this chapter.
    1. Before it may grant  such  approval,  the  board  must  review  and
  approve a feasibility study submitted by such corporation, including but
  not limited to the following subjects:
    a.  The  overall  practicability  of  establishing  and  operating  an
  efficient and profitable system of off-track betting in such  region  or
  in such counties that have elected to participate in the corporation;
    b. The potential market;
    c. The estimated costs of operation;
    d. The probable types of wagering and number of opportunities required
  for successful operation;
    e.  The  probable  impact  of  the  proposed  operation  upon on-track
  attendance and pari-mutuel betting within the  region.  The  board  may,
  within  the  time  provided for approval, request additional information
  from the corporation. Disapproval of  the  feasibility  study  shall  be
  accompanied  by a statement of the reasons therefor and shall be treated
  as disapproval of a plan under subdivision three of this section.
    2. The plan of operation shall include the following:
    a. The organizational  structure  of  the  corporation  including  the
  approximate number and compensation of employees;
    b. A narrative description of the system;
    c.  The  types  and approximate cost of data processing, communication
  and transmission facilities that will  be  utilized,  including  back-up
  systems;
    d. Security measures;
    e. The type and number of betting opportunities to be offered;
    f. The race tracks and races for which bets will be taken;
    g. The maximum and minimum number of retail outlets or betting offices
  to be established;
    h. The proposed system of accounts; and
    i. The amount and proposed sources of financing.
    3.  Within  ninety  days of receipt of the feasibility study and plan,
  the board shall issue an order approving the  plan,  approving  it  with
  modifications  or  denying  approval  and  stating its reasons therefor.
  Within such period the  board  may  request  additional  information  or
  suggest  amendments.  If  the  board  fails  to approve the plan without
  modification, the corporation may request a public hearing  to  be  held
  within  thirty days of the issuance of an order approving an application
  with modifications or denying  it.  The  board  shall  issue  its  final
  determination  within  ten  days  of  such  hearing. The corporation may
  submit an amended application no sooner than ninety days after a denial.
    4. A plan of operation may be amended from time to time at the request
  of either the corporation or the board. The corporation shall  have  the
  right  to  be  heard concerning any amendment to the plan proposed after
  implementation and the board shall dispose of such  proposed  amendments
  as expeditiously as practicable, but no later than thirty days following
  submission  by the corporation or, in the case of amendments proposed by
  the board, objection by the corporation.
    5. Any arrangements for  telecasts  or  broadcasts  of  running  races
  pursuant  to  contracts  with track operators shall constitute a part of
  the plan of operation, or an amendment thereto, as the case may be.
    6. The plan of operation  of  the  New  York  city  off-track  betting
  corporation  in  effect  on  July first, nineteen hundred seventy-three,

  shall be deemed approved by the board, but shall thereafter  be  subject
  to  the  general jurisdiction of the board in the same manner as are the
  plans of other regional corporations.
    7.  a.  The  city  of  Schenectady  may  continue to operate off-track
  pari-mutuel betting within such city, subject to the jurisdiction of the
  state racing and wagering board, until the  board  approves  a  plan  of
  operation  submitted  by the Capital District regional off-track betting
  corporation  and  such  plan  of  operation  is  implemented;  provided,
  however,  that  during any period that the city of Schenectady continues
  to operate off-track pari-mutuel betting within such  city  pursuant  to
  this subdivision, it may accept off-track wagers on races at any harness
  track  within  the  state which so agrees subject to the approval of the
  state racing and wagering board until such time  as  the  harness  track
  located within the Capital District and the city of Schenectady mutually
  agree on the provision of appropriate space and facilities at such track
  for  such city and such agreement is implemented. Such plan of operation
  shall make due provision with respect to investments and obligations  of
  the  city  of Schenectady made or incurred in the operation of off-track
  pari-mutuel betting. The county of Schenectady shall reimburse the  city
  of  Schenectady  on  account  of  lost  revenues  from  the operation of
  off-track betting. The amount of reimbursement shall be calculated under
  the rules of the board to guarantee that the city shall receive annually
  an amount equal to the net revenue received from off-track  betting  for
  the  calendar year nineteen hundred seventy-three or a per centum of the
  net revenues received by such  county  obtained  by  dividing  the  bets
  originating  in  such city by the bets originating in such county during
  the distribution period, whichever is less. Reimbursement shall continue
  for a period of ten years and  shall  be  made  in  substantially  equal
  quarterly payments.
    b.  Until such time as the Capital District regional off-track betting
  corporation's plan of operation has been approved by  the  state  racing
  and  wagering  board  and the county of Schenectady has enacted enabling
  legislation to join such corporations and  such  county's  participation
  has been implemented, the city of Schenectady shall have all the rights,
  powers,  duties  and obligations of the county of Schenectady under this
  chapter, including but not limited to the right to  participate  in  the
  formation  of  such  corporation  or  subsequently to participate in the
  operation thereof, as the case may  be,  except  that  the  geographical
  boundaries  of such city's participation shall be limited to the city of
  Schenectady.
    8. The board may authorize and approve:
    a. An application submitted by the New  York  city  off-track  betting
  corporation  to  amend its plan of operation, pursuant to the provisions
  of this section, to provide for the display in no more than two existing
  facilities within Richmond county of telecasts of live audio and  visual
  signals  of  harness  racing  from  any  harness  racing  association or
  corporation  within  its  region;  provided,  however,  that   (i)   the
  association  or  corporation  conducting  such racing has entered into a
  written agreement for such telecasts with the New  York  city  off-track
  betting  corporation  pursuant  to  section five hundred twenty-seven of
  this  chapter,  which  agreement  shall  terminate  no  later  than  the
  thirtieth  day  of June, nineteen hundred eighty-five, (ii) all expenses
  incurred in  the  implementation  of  such  amendment  to  its  plan  of
  operation  for  such  telecasting shall be the responsibility of the New
  York city off-track betting  corporation,  and  (iii)  the  board  shall
  submit  reports  to  the  governor  and  the  legislature evaluating the
  results of such experiment on the compatibility with the  well-being  of
  the  horse  racing and breeding industries in this state, and its effect

  on handle and attendance at off-track facilities within Richmond county,
  and including recommendations regarding the future authorization of  the
  telecast  of  live  audio  and  visual  signals  into  off-track betting
  facilities; and
    b.   One   other   application   submitted  by  an  off-track  betting
  corporation, other than the New York city off-track betting corporation,
  to amend its plan of operation,  pursuant  to  the  provisions  of  this
  section,  to  provide  for the display in two existing facilities within
  its region of telecasts of live audio  and  visual  signals  of  harness
  racing  from  any  harness  racing association or corporation within its
  region; provided  however,  that  (i)  the  association  or  corporation
  conducting  such  racing  has  entered into a written agreement for such
  telecasts with such off-track betting corporation  pursuant  to  section
  five  hundred  twenty-seven  of  this  chapter,  which  agreement  shall
  terminate no later than the thirtieth  day  of  June,  nineteen  hundred
  eighty-five,  (ii)  all  expenses incurred in the implementation of such
  amendment to its plan of operation for such  telecasting  shall  be  the
  responsibility of the off-track betting corporation, and (iii) the board
  shall  submit reports to the governor and the legislature evaluating the
  results of such experiment on the compatibility with the  well-being  of
  the horse racing and breeding industries in this state, and at off-track
  facilities  within  its  region, and including recommendations regarding
  the future authorization of  the  telecast  of  live  audio  and  visual
  signals into off-track betting facilities.
    c.  Provided,  however,  that  such  audio  and  visual telecasts into
  approved facilities shall commence no earlier than sixty days after such
  telecasts have been approved. During such time,  the  off-track  betting
  corporation shall provide to the board daily data, to include but not be
  limited  to, wagers, separately by type of racing and wagers, attendance
  and promotion expenditures of such facilities  in  such  manner  as  the
  board  may  require.  Such data will be used as the pre-telecast base to
  evaluate the impact of such telecasts. In addition,  such  similar  data
  and  information  shall  also be supplied to the board during the period
  that such telecasts are authorized. No change in  the  types  of  wagers
  offered  to  patrons  may  be made without prior written approval by the
  board of at least thirty days in advance of such requested change.