§ 238. Disposition of pari-mutuel pools of the franchised corporation;\npercentage payable to state as a tax; authority of counties or certain\ncities to impose a tax. 1. (a) The franchised corporation authorized\nunder this chapter to conduct pari-mutuel betting at a race meeting or\nraces run thereat shall distribute all sums deposited in any pari-mutuel\npool to the holders of winning tickets therein, provided such tickets\nare presented for payment before April first of the year following the\nyear of their purchase, less an amount that shall be established and\nretained by such franchised corporation of between twelve to seventeen\npercent of the total deposits in pools resulting from on-track regular\nbets, and fourteen to twenty-one percent of the total deposits in pools\nresulting from on-track multiple bets and fifteen to twenty-five percent\nof the total deposits in pools resulting from on-track exotic bets and\nfifteen to thirty-six percent of the total deposits in pools resulting\nfrom on-track super exotic bets, plus the breaks. The retention rate to\nbe established is subject to the prior approval of the commission.\n Such rate may not be changed more than once per calendar quarter to be\neffective on the first day of the calendar quarter. "Exotic bets" and\n"multiple bets" shall have the meanings set forth in section five\nhundred nineteen of this chapter. "Super exotic bets" shall have the\nmeaning set forth in section three hundred one of this chapter. For\npurposes of this section, a "pick six bet" shall mean a single bet or\nwager on the outcomes of six races. The breaks are hereby defined as the\nodd cents over any multiple of five for payoffs greater than one dollar\nfive cents but less than five dollars, over any multiple of ten for\npayoffs greater than five dollars but less than twenty-five dollars,\nover any multiple of twenty-five for payoffs greater than twenty-five\ndollars but less than two hundred fifty dollars, or over any multiple of\nfifty for payoffs over two hundred fifty dollars. Out of the amount so\nretained there shall be paid by such franchised corporation to the\ncommissioner of taxation and finance, as a reasonable tax by the state\nfor the privilege of conducting pari-mutuel betting on the races run at\nthe race meetings held by such franchised corporation, the following\npercentages of the total pool for regular and multiple bets five percent\nof regular bets and four percent of multiple bets plus twenty percent of\nthe breaks; for exotic wagers seven and one-half percent plus twenty\npercent of the breaks, and for super exotic bets seven and one-half\npercent plus fifty percent of the breaks.\n For the period April first, two thousand one through December\nthirty-first, two thousand twenty-six, such tax on all wagers shall be\none and six-tenths percent, plus, in each such period, twenty percent of\nthe breaks. Payment to the New York state thoroughbred breeding and\ndevelopment fund by such franchised corporation shall be one-half of one\npercent of total daily on-track pari-mutuel pools resulting from\nregular, multiple and exotic bets and three percent of super exotic bets\nand for the period April first, two thousand one through December\nthirty-first, two thousand twenty-six, such payment shall be\nseven-tenths of one percent of regular, multiple and exotic pools.\n (b) An amount equal to fifty percent of any compensation received by a\nfranchised corporation from simulcasting or from wagering conducted\noutside the United States or outside New York state and within the\nUnited States shall be distributed to purses, except with respect to\nsuch compensation received from Connecticut which shall be computed as a\npercentage of wagering handle in a manner approved by the commission.\n (c) An amount equal to fifty percent of any compensation received by\nthe franchised corporation from simulcasting or from wagering conducted\noutside the United States shall be distributed to
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