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1999 NY Att'y Gen. Rep. & Op. [i] (1999)

handle is hein.nyattgen/nysag0114 and id is 1 raw text is: OPINIONS OF THE NEW YORK STATE A7 TORNEY GENERAL Opn. No. F 99-1 RACING, PARI-MUTUEL WAGERING AND BREEDING LAW ART H, ART III, ART V, ART V-a, §§ 37, 38, 245, 253, 254, 302, 303, 304, 307, 318, 330, 502, 503, 516, 518, 603; L 1982, CH 865; L 1973, CH 346; L 1940, CH 254; L 1926, CH 440, §§ 1-3; L 1909, CH 40, §§ 280-82; L 1895, CH 570. An off-track betting corporation may not conduct a harness race meeting. Your counsel has asked whether an off-track betting corpora- tion (OTB) may hold a harness race meeting and, if so, whether it may apply for licensure to conduct pari-mutuel wagering at the track. He has advised us that the Western Regional Off- Track Betting Corporation (Western OTB) has applied to the Racing and Wagering Board (Board) for a license to conduct harness race meetings with pari-mutuel wagering at the har- ness track known as Batavia Downs. Western OTB purchased the assets of the former track operator, including the racetrack site. Specifically, your counsel asks whether an OTB is an entity qualified to conduct harness races under the Racing, Pari-Mutuel Wagering and Breeding Law (Racing Law) and whether the Board may license it to conduct pari-mutuel wagering. Harness racing is governed by article III of the Racing Law and is regulated comprehensively by the Board. As you have noted, pari-mutuel harness racing in New York State historically has been conducted by racing corporations or associations formed pursuant to Racing Law § 302 or predecessor statutes; regional OTBs have conducted off-track pari-mutuel betting on horse races conducted by racetrack operators formed pursuant to section 302.

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