§ 236. Disposition of pari-mutuel pools; percentage payable to state\nas a tax; authority of counties or certain cities to impose a tax. 1.\nEvery corporation authorized under this chapter to conduct pari-mutuel\nbetting at a race meeting on races run thereat, except as provided in\nsection two hundred thirty-eight of this article with respect to the\nfranchised corporation, shall distribute all sums deposited in any\npari-mutuel pool to the holders of winning tickets therein, providing\nsuch tickets be presented for payment before April first of the year\nfollowing the year of their purchase, less an amount that shall be\nestablished and retained by such racing corporation of between fourteen\nto twenty percent of the total deposits in pools resulting from regular\non-track bets and less sixteen to twenty-two percent of the total\ndeposits in pools resulting from multiple on-track bets and less twenty\nto thirty percent of the total deposits in pools resulting from exotic\non-track bets and less twenty to thirty-six percent of the total pools\nresulting from super exotic on-track bets, plus the breaks. The\nretention rate to be established is subject to the prior approval of the\ncommission. Such rate may not be changed more than once per calendar\nquarter to be effective on the first day of the calendar quarter.\n"Exotic bets" and "multiple bets" shall have the meanings set forth in\nsection five hundred nineteen of this chapter and breaks are hereby\ndefined as the odd cents over any multiple of five for payoffs greater\nthan one dollar five cents but less than five dollars, over any multiple\nof ten for payoffs greater than five dollars but less than twenty-five\ndollars, over any multiple of twenty-five for payoffs greater than\ntwenty-five dollars but less than two hundred fifty dollars, or over any\nmultiple of fifty for payoffs over two hundred fifty dollars. "Super\nexotic bets" shall have the meaning set forth in section three hundred\none of this chapter. Of the amount so retained there shall be paid by\nsuch corporation to the department of taxation and finance as a\nreasonable tax by the state for the privilege of conducting pari-mutuel\nbetting on the races run at the race meeting held by such corporation,\nwhich tax is hereby levied, the following percentages of the total pool,\nplus fifty-five percent of the breaks; the applicable rates for regular\nand multiple bets shall be one and one-half percent; the applicable\nrates for exotic bets shall be six and three-quarter percent and the\napplicable rate for super exotic bets shall be seven and three-quarter\npercent. Effective on and after September first, nineteen hundred\nninety-four, the applicable tax rate shall be one percent of all wagers,\nprovided that, an amount equal to one-half the difference between the\ntaxation rate for on-track regular, multiple and exotic bets as of\nDecember thirty-first, nineteen hundred ninety-three and the rates on\nsuch on-track wagers as herein provided shall be used exclusively for\npurses. Provided, however, that for any twelve-month period beginning on\nApril first in nineteen hundred ninety and any year thereafter, each of\nthe applicable rates set forth above shall be increased by one-quarter\nof one percent on all on-track bets of any such racing corporation that\ndid not expend an amount equal to at least one-half of one percent of\nits on-track bets during the immediately preceding calendar year for\nenhancements consisting of capital improvements as defined by section\ntwo hundred thirty-seven of this article, repairs to its physical plant,\nstructures, and equipment used in its racing or wagering operations as\ncertified by the commission to the commissioner of taxation and finance\nno later than eighty days after the close of such calendar year, and\nfive special events at each track in each calendar year, not otherwise\nconducted in the ordinary course of business, the purpose of which shall\nbe to encourage, at
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