Legislation

§ 418. Disposition of pari-mutuel pools. 1. Every association or
corporation authorized under section four hundred five of this article
to conduct pari-mutuel betting at a quarter horse race meeting on races
run thereat shall distribute all sums deposited in any pari-mutuel pool
to the holders of winning tickets therein provided such tickets be
presented for payment before April first of the year following the year
of their purchase, less seventeen percent of the total deposits in pools
resulting from regular on-track bets and less nineteen percent of the
total deposits in pools resulting from multiple bets and less
twenty-five percent of the total deposits in pools resulting from exotic
on-track bets. "Multiple bet" or "multiple wager" shall mean a single
bet or wager on two horses, evidenced by a single ticket and
representing an interest in a single betting pool. "Exotic bet" or
"exotic wager" shall mean a single bet or wager on three or more horses,
evidenced by a single ticket and representing an interest in a single
betting pool. Of the sum so retained there shall be eight percent, plus
sixty-five percent of the amount of the breaks from on-track regular,
multiple and exotic bets shall be paid by such corporation or
association to the department of taxation and finance as a reasonable
tax by the state for the privilege of conducting pari-mutuel betting on
the races run at the quarter horse race meetings held by such
corporation or association, which tax is hereby levied, in the
applicable percentage set forth in subdivision one of section one
hundred thirty-six of this chapter. The payment of such state tax shall
be made to the department of taxation and finance at such regular
intervals as the department of taxation and finance may require, and
shall be accompanied by a report under oath showing the total of all
such contributions together with such other information as the
department of taxation and finance may require. A penalty of five
percent and interest at the rate of one percent per month from the date
the report is required to be filed to the date of payment of the tax
shall be payable in case any tax imposed by this section is not paid
when due. If the department of taxation and finance determines that any
moneys received under this section were paid in error, it may cause the
same to be refunded without interest out of any moneys collected
thereunder, provided an application therefor is filed with it within one
year from the time the erroneous payment was made. Such taxes, interest
and penalties when collected, after the deduction of refunds of taxes
erroneously paid, shall be paid by the department of taxation and
finance into the general fund of the state treasury.

2. Except as may be authorized by the legislature, no county, city,
town, village or other political subdivision of the state may impose,
levy or collect a tax on admission fees or tax on admission, on wagers
made by patrons in the form of purchases of pari-mutuel tickets or upon
such tickets, on pari-mutuel pools, on breaks, on dividends or payments
made to winning bettors, or on that part of the pari-mutuel pools or
breaks to be retained by quarter horse racing corporations or
associations under this section.

3. The sums paid by any corporation or association to the department
of taxation and finance shall be determined by multiplying each
applicable rate for total daily pools from on-track regular bets by the
percentage that on-track regular bets is of the total on-track daily
pool and by multiplying each applicable rate for total daily pools on
on-track exotic bets by the percentage that exotic bets is of total
daily pool, then combining the two determined percentages and applying
the result to the appropriate level of the total daily pool from
on-track regular and exotic bets.