§ 3004. — Regulation of interstate offtrack wagering.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC3004]
TITLE 15--COMMERCE AND TRADE
CHAPTER 57--INTERSTATE HORSERACING
Sec. 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contractual process, and may not be withdrawn or varied except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may not be withdrawn or varied except in the regular contractual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.
(Pub. L. 95-515, Sec. 5, Oct. 25, 1978, 92 Stat. 1813.)
