§ 1009. Simulcast theaters. 1. The commission may authorize and\napprove eight licenses, except that any approval of a license for a\nfranchised corporation shall not decrease the number of licenses\navailable, as of July first, nineteen hundred ninety to any other\neligible operator under subdivision two of this section, for the\noperation of simulcast theaters as defined in section one thousand one\nof this article. One such license shall only be approved for the\nregional off-track betting corporation defined by paragraph b of\nsubdivision one of section five hundred nineteen of this chapter.\n 2. Such a simulcast theater, pursuant to a license issued in\naccordance with the provisions of this section and section one thousand\nthree of this article may be owned or leased, and operated, (a) by one\nor more racing associations or corporations; (b) by the regional\noff-track betting corporation of the region where such simulcast theater\nfacility is to be located; (c) jointly by one or more racing\nassociations or corporations and the regional off-track betting\ncorporation of the region where such simulcast theater facility is to be\nlocated; or (d) by a franchised corporation; provided, however, that for\nthe purposes of paragraph (a) of subdivision two-a of this section, an\nentity authorized by paragraph (b) or (c) of this subdivision to own,\nlease or operate a simulcast theater may, pursuant to a competitive\nbidding procedure carried out in accordance with rules and regulations\nissued by the commission, select another person, firm or corporation to\noperate or jointly own or lease such facility and enter into a written\nagreement with such person, firm or corporation provided that such party\nshall be subject to the licensing requirements of the commission.\n 2-a. Notwithstanding the provisions of subdivision one of this\nsection, the commission may authorize one or more licenses, as provided\nin paragraphs (b) and (c) of subdivision two of this section, to enter\ninto a written agreement with another person, firm or corporation to\njointly operate or lease such facility for the operation of simulcast at\nentertainment theaters as special demonstration projects for purposes of\nstimulating economic development, employment opportunities and state and\nlocal revenues. Such demonstration projects shall be licensed in\naccordance with all applicable laws, rules and regulations of this\narticle.\n (a) In Sullivan, Greene and Ulster counties the commission shall\ndetermine the number of such projects to be located in privately owned\nhotels in such counties for the exclusive use of the hotel guests.\n (b) The commission may additionally authorize one special\ndemonstration project within the city of New York.\n (c) The commission may authorize a special demonstration project to be\nlocated in any facility licensed pursuant to article thirteen of this\nchapter in Schenectady county. Notwithstanding the provisions of\nparagraph a of subdivision five of this section, an admission fee shall\nnot be required for a demonstration project authorized in this\nparagraph. On any day when a regional harness track conducts a live race\nmeeting, a demonstration facility within that region shall predominantly\ndisplay the live video of such regional harness track.\n The regional off-track betting corporations operating such\ndemonstration facilities within New York city may elect to apply the\nprovisions of section five hundred thirty-two of this chapter in lieu of\nany admission charges.\n 3. Any application for such license shall be subject to those\nconditions set forth in section one thousand three and shall also\ninclude:\n a. A written agreement between the sending tracks and the applicant;\n b. Letters of consent to the application from any regional track that\nis not a party to the operation of the proposed theater unless such\ntrack is located more than forty miles from the proposed simulcast\ntheater; and a copy of any a
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