§ 1007. Simulcasts track to track. 1. The commission may authorize and\napprove one or more applications for a license by any harness racing\nassociation or corporation, or thoroughbred racing corporation as\nprovided in section one thousand three of this article to provide for\nthe simulcast of horse races for wagering purposes from a track operated\nby any association or corporation that conducts a pari-mutuel race\nmeeting under this chapter to a receiving track operated by any\nassociation or corporation applying for such license except it shall not\nbe applicable when a thoroughbred track in zone two simulcasts to a\nthoroughbred track in zone one, provided, however, that no application\nshall be approved by the commission:\n a. that the commission determines may cause any reduction of the total\nnumber of racing events conducted on an annual or daily basis at the\nreceiving track; and\n b. without a written agreement between the receiving track or\ncorporation applying for such license and the sending track and a letter\nof consent to such agreement from any racing association or corporation\nthat operates another track within the simulcast district in which the\nreceiving track is located, and is conducting a race meeting during the\nperiod for which simulcasting is proposed; provided, however, that such\nconsent shall not be withheld if the receiving track is more than thirty\nmiles from such other track. Such period shall be defined as a\ntwenty-four hour day from midnight to midnight. For those tracks located\nin the city of New York or the county of Westchester or Nassau, such\nperiod shall be limited to the same time of day defined as afternoon\nagainst afternoon and evening against evening.\n 2. Every racing association or corporation authorized to accept wagers\non simulcast racing events pursuant to subdivision one of this section\nshall be subject to all appropriate provisions of this chapter pursuant\nto the conduct of a race meeting by such association or corporation\nexcept as provided in subdivision three of this section.\n 3. Notwithstanding any inconsistent provisions of this chapter, the\nsums retained by any receiving track from the total deposits in pools\nwagered on simulcast racing events as provided in subdivision one of\nthis section shall be equal to the retained percentages applicable to\nthe sending track.\n a. Of the sums retained by the receiving track from simulcast pools\nthe pari-mutuel tax shall be levied at the lower of the pari-mutuel tax\nrate in effect on December thirty-first, nineteen hundred ninety-three\nat the receiving track, plus ten percent of the breaks or the following\nrates: two percent of simulcast pools generated by regular wagers, two\nand one-half percent of simulcast pools generated by multiple wagers,\nand seven percent of simulcast pools generated by exotic and super\nexotic wagers, plus ten percent of the breaks.\n b. Of the sums retained by the receiving track as provided in this\nsubdivision, an amount equal to one percent of daily pools derived from\nbets on simulcasts of harness races shall be paid to the agriculture and\nNew York state breeding and development fund, and an amount equal to\none-half of one percent of daily pools derived from bets on simulcasts\nof running races shall be paid to the New York state thoroughbred\nbreeding and development fund.\n c. Of the sums retained by the receiving track as provided in this\nsubdivision, an amount as determined through agreement between the\nsending and receiving tracks shall be distributed to the sending track.\n d. (i) Of the sums retained by a receiving track located in\nWestchester County, two and one-half percent of total pools shall be\nused exclusively for increasing purses to be awarded at races conducted\nby such receiving track.\n (ii) Of the sums retained by other receiving tracks while such tracks\nare conducting a race meeting, fifty percent of the net amounts\nremaining after payments re
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