§ 109-b. Rebates. 1. For the purposes of this section, "rebate" shall\nmean a portion of pari-mutuel wagers, otherwise payable to an entity\nconducting pari-mutuel betting, that is paid to holders of pari-mutuel\nwagering tickets and that reduces the amount otherwise payable to such\nentity, including, but not limited to, refunds to holders of pari-mutuel\nwagering tickets of any portion or percentage of the full face value of\na pari-mutuel wager, paying a bonus on a winning pari-mutuel ticket,\nawards of merchandise, services such as meals, parking, admission,\nseating and programs, free or reduced cost pari-mutuel wagers, monetary\nawards, or any other benefit that the state gaming commission deems\nappropriate to reward horse racing patrons for their patronage at race\nmeetings.\n 2. The state gaming commission, upon application of an entity\nauthorized to conduct pari-mutuel betting, may approve the payment of\nrebates by such entity for a rebate program, subject to the following\nrequirements:\n a. the applicant discloses the extent of the rebate program. Such\ndisclosure shall include a listing of the monetary value of all rebates\npaid to bettors during the previous calendar year, and the terms and\nconditions governing the award of rebates to bettors;\n b. the applicant provides assurances that the values of the rebates\nare determined solely by (i) attendance at one or more race meetings,\n(ii) the amount wagered by a bettor, (iii) the amount payable to the\nentity on each wager, or (iv) how frequently a bettor wagers;\n c. the entity maintains records of all wagers subject to a rebate, for\na period of not less than three years; and\n d. the applicant demonstrates that such rebates are in the best\ninterests of horse racing.\n
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