§ 1003. Licenses for simulcast facilities. 1. (a) Any racing\nassociation or corporation or regional off-track betting corporation,\nauthorized to conduct pari-mutuel wagering under this chapter, desiring\nto display the simulcast of horse races on which pari-mutuel betting\nshall be permitted in the manner and subject to the conditions provided\nfor in this article may apply to the commission for a license so to do.\nApplications for licenses shall be in such form as may be prescribed by\nthe commission and shall contain such information or other material or\nevidence as the commission may require. No license shall be issued by\nthe commission authorizing the simulcast transmission of thoroughbred\nraces from a track located in Suffolk county. The fee for such licenses\nshall be five hundred dollars per simulcast facility and for account\nwagering licensees that do not operate either a simulcast facility that\nis open to the public within the state of New York or a licensed\nracetrack within the state, twenty thousand dollars per year payable by\nthe licensee to the commission for deposit into the general fund. Except\nas provided in this section, the commission shall not approve any\napplication to conduct simulcasting into individual or group residences,\nhomes or other areas for the purposes of or in connection with\npari-mutuel wagering. The commission may approve simulcasting into\nresidences, homes or other areas to be conducted jointly by one or more\nregional off-track betting corporations and one or more of the\nfollowing: a franchised corporation, thoroughbred racing corporation or\na harness racing corporation or association; provided (i) the\nsimulcasting consists only of those races on which pari-mutuel betting\nis authorized by this chapter at one or more simulcast facilities for\neach of the contracting off-track betting corporations which shall\ninclude wagers made in accordance with section one thousand fifteen, one\nthousand sixteen and one thousand seventeen of this article; provided\nfurther that the contract provisions or other simulcast arrangements for\nsuch simulcast facility shall be no less favorable than those in effect\non January first, two thousand five; (ii) that each off-track betting\ncorporation having within its geographic boundaries such residences,\nhomes or other areas technically capable of receiving the simulcast\nsignal shall be a contracting party; (iii) the distribution of revenues\nshall be subject to contractual agreement of the parties except that\nstatutory payments to non-contracting parties, if any, may not be\nreduced; provided, however, that nothing herein to the contrary shall\nprevent a track from televising its races on an irregular basis\nprimarily for promotional or marketing purposes as found by the\ncommission. For purposes of this paragraph, the provisions of section\none thousand thirteen of this article shall not apply. Any agreement\nauthorizing an in-home simulcasting experiment commencing prior to May\nfifteenth, nineteen hundred ninety-five, may, and all its terms, be\nextended until June thirtieth, two thousand twenty-six; provided,\nhowever, that any party to such agreement may elect to terminate such\nagreement upon conveying written notice to all other parties of such\nagreement at least forty-five days prior to the effective date of the\ntermination, via registered mail. Any party to an agreement receiving\nsuch notice of an intent to terminate, may request the commission to\nmediate between the parties new terms and conditions in a replacement\nagreement between the parties as will permit continuation of an in-home\nexperiment until June thirtieth, two thousand twenty-six; and (iv) no\nin-home simulcasting in the thoroughbred special betting district shall\noccur without the approval of the regional thoroughbred track.\n (b) Any agreement authorizing in-home simulcasting pursuant to this\nsection shall be in writing, and upon written request, a copy shall
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