§ 3A-205.6a. Offtrack wagering plans - Conditions - Notification - Licensing - Breakage and unclaimed ticket proceeds.

A.  Any organization licensee shall file with the Oklahoma Horse Racing Commission its plan to conduct pari-mutuel wagering at a facility or facilities located outside the organization licensee's racing enclosure.  Such pari-mutuel wagering may be conducted at any time as authorized by the Commission.  The conducting of pari-mutuel wagering at a facility outside the organization licensee's enclosure is subject to the following:

1.  Pari-mutuel wagering shall be permitted only in a county which approves or has approved the conducting of pari-mutuel horse racing in that county pursuant to the provisions of Section 209 of this title;

2.  Pari-mutuel wagering conducted by an organization licensee shall not be permitted within thirty (30) miles of another organization licensee's racing enclosure without the express permission granted by the other organization licensee;

3.  All pari-mutuel wagering facilities located outside any organization licensee's racing enclosure shall be operated in accordance with all applicable rules of the Oklahoma Horse Racing Commission Rules of Racing (Pari-Mutuel Edition);

4.  The organization licensee sending its racing signal to a facility or facilities outside its racing enclosure may combine the pari-mutuel pools of all facilities with those of the organization licensee for the purpose of determining odds and computing payoffs.  The amount of money to be retained and distributed by the organization licensee and to be remitted to the Oklahoma Tax Commission from money wagered pursuant to the provisions of this section shall be the same as set forth in paragraph 1 of subsection B, in subsection D, and in subsection E of Section 205.6 of this title and in Section 208.2 of this title;

5.  One percent (1%) of the total monies wagered at a facility other than an organization licensee's racing enclosure shall be distributed from the amount retained pursuant to paragraph 4 of this subsection as follows:

a.ten percent (10%) to the State Auditor and Inspector for the purpose of auditing such facilities, and

b.forty-five percent (45%) to the county in which the facility is located, and

c.forty-five percent (45%) to the city in which the facility is located, or

d.if the facility is not located within the corporate limits of any city, ninety percent (90%) to the county in which the facility is located;

6.  The distribution for purses at facilities other than an organization licensee's racing enclosures shall be:

a.six and one-half percent (6.5%) of total handle during the first thirty-six (36) months after the opening of a facility in a county, and

b.seven and one-half percent (7.5%) of total handle thereafter.

Upon completion of three hundred sixty-five (365) calendar days since the opening of a facility in a county, the thirty-six-month period commences retroactive to the opening of that facility.  If the facility does not operate for three hundred sixty-five (365) calendar days, a new facility may be opened and operated, with the thirty-six-month period commencing consistent with this paragraph.  If a facility terminates operation after the three-hundred-sixty-fifth calendar day, all days shall be allotted to subsequent facilities not to exceed one thousand ninety-five (1,095) calendar days per facility; and

7.  The organization licensee, after the distribution to the Oklahoma Tax Commission pursuant to the provisions of paragraph 4 of this subsection and distributions pursuant to paragraphs 5 and 6 of this subsection, shall retain the balance of the monies wagered.

B.  Notification by an organization licensee to conduct pari-mutuel wagering at a facility or facilities outside of the organization licensee's racing enclosure shall be made annually to the Oklahoma Horse Racing Commission.  An organization licensee may make an original notification to conduct pari-mutuel wagering at a facility or facilities outside of the organization licensee's racing enclosure at any time.

C.  All persons employed in the actual conduct of pari-mutuel wagering at a facility outside an organization licensee's racing enclosure shall be licensed by the Commission, consistent with Section 204.2 of this title.

D.  Breakage and unclaimed ticket proceeds shall be distributed in the manner applicable to the races of the racing program of the organization licensee sending the racing program.

E.  All monies retained or to be distributed for purses shall be held in trust by the Horsemen’s Bookkeeper pursuant to Section 5 of this act for the duly designated horsemen’s organization for purses.

Added by Laws 1995, c. 125, § 1.  Amended by Laws 1996, c. 176, § 1, emerg. eff. May 14, 1996; Laws 2010, c. 340, § 2, eff. Nov. 1, 2010.