15 U.S.C. § 3004 : US Code - Section 3004: Regulation of interstate off-track wagering

Search 15 U.S.C. § 3004 : US Code - Section 3004: Regulation of interstate off-track wagering

(a) Consent of host racing association, host racing commission, and
off-track racing commission as prerequisite to acceptance of
wager
An interstate off-track wager may be accepted by an off-track
betting system only if consent is obtained from -
(1) the host racing association, except that -
(A) as a condition precedent to such consent, said racing
association (except a not-for-profit racing association in a
State where the distribution of off-track betting revenues in
that State is set forth by law) must have a written agreement
with the horsemen's group, under which said racing association
may give such consent, setting forth the terms and conditions
relating thereto; provided,
(B) that where the host racing association has a contract
with a horsemen's group at the time of enactment of this
chapter which contains no provisions referring to interstate
off-track betting, the terms and conditions of said then-
existing contract shall be deemed to apply to the interstate
off-track wagers and no additional written agreement need be
entered into unless the parties to such then-existing contract
agree otherwise. Where such provisions exist in such existing
contract, such contract shall govern. Where written consents
exist at the time of enactment of this chapter between an off-
track betting system and the host racing association providing
for interstate off-track wagers, or such written consents are
executed by these parties prior to the expiration of such then-
existing contract, upon the expiration of such then-existing
contract the written agreement of such horsemen's group shall
thereafter be required as such condition precedent and as a
part of the regular contractual process, and may not be
withdrawn or varied except in the regular contractual process.
Where no such written consent exists, and where such written
agreement occurs at a racing association which has a regular
contractual process with such horsemen's group, said agreement
by the horsemen's group may not be withdrawn or varied except
in the regular contractual process;
(2) the host racing commission;
(3) the off-track racing commission.
(b) Approval of tracks as prerequisite to acceptance of wager;
exceptions
(1) In addition to the requirement of subsection (a) of this
section, any off-track betting office shall obtain the approval of -

(A) all currently operating tracks within 60 miles of such off-
track betting office; and
(B) if there are no currently operating tracks within 60 miles
then the closest currently operating track in an adjoining State.
(2) Notwithstanding the provisions of paragraph (1) of this
subsection, any off-track betting office in a State with at least
250 days of on-track parimutuel horseracing a year, may accept
interstate off-track wagers for a total of 60 racing days and 25
special events a year without the approval required by paragraph
(1), if with respect to such 60 racing days, there is no racing of
the same type at the same time of day being conducted within the
off-track betting State within 60 miles of the off-track betting
office accepting the wager, or such racing program cannot be
completed. Excluded from such 60 days and from the consent required
by subsection (b)(1) of this section may be dark days which occur
during a regularly scheduled race meeting in said off-track betting
State. In order to accept any interstate off-track wager under the
terms of the preceding sentence the off-track betting office shall
make identical offers to any racing association described in
subparagraph (A) of subsection (b)(1) of this section. Nothing in
this subparagraph shall be construed to reduce or eliminate the
necessity of obtaining all the approvals required by subsection (a)
of this section.
(c) Takeout amount
No parimutuel off-track betting system may employ a takeout for
an interstate wager which is greater than the takeout for
corresponding wagering pools of off-track wagers on races run
within the off-track State except where such greater takeout is
authorized by State law in the off-track State.