2006 Minnesota Statutes

240.13 PARI-MUTUEL BETTING.
    Subdivision 1. Authorized. (a) Class B and class D licenses give the licensees authority to
conduct pari-mutuel betting on the results of races run at the licensed racetrack, and on other races
as authorized by the commission under this section.
(b) A class B or class D license gives the licensee the authority to transmit and receive
telecasts and conduct pari-mutuel betting on the results of horse races run at its class A facility,
and of other horse races run at other locations, as authorized by the commission. The class B or
class D licensee may present racing programs separately or concurrently.
(c) Subject to the approval of the commission the types of betting, takeout, and distribution
of winnings on pari-mutuel pools on simulcast races at a class B or class D facility are those in
effect at the sending racetrack. Pari-mutuel pools may be commingled with pools at the sending
racetrack, for the purposes of determining odds and payout prices, via the totalizator computer at
the class A facility.
(d) The commission may not authorize a class B licensee to conduct simulcasting or telerace
simulcasting unless 125 days of live racing, consisting of not less than eight live races on each
racing day, have been conducted at the class A facility within the preceding 12 months. The
number of live racing days required may be adjusted by agreement between the licensee and the
horsepersons' organization representing the majority of horsepersons racing the breed racing the
majority of races at the licensee's class A facility during the preceding 12 months. The number of
live racing days required must be reduced by one day for each assigned racing day that the licensee
is unable to conduct live racing due to natural occurrences or catastrophes beyond its control.
(e) The commission may authorize no more than five class D licensees to conduct
simulcasting in any year. Simulcasting may be conducted at each class D licensee's facility:
(1) only on races conducted at another class D facility during a county fair day at that
facility; and
(2) only on standardbred races.
A class D licensee may not conduct simulcasting for wagering purposes unless the licensee
has a written contract, permitting the simulcasting, with a horseperson's organization representing
the standardbred industry the breed being simulcast under authority of the class D license.
    Subd. 2. Requirements. (a) A licensee conducting pari-mutuel betting must provide at the
licensed track:
(1) the necessary equipment for issuing pari-mutuel tickets; and
(2) mechanical or electronic equipment for displaying information the commission requires.
All mechanical or electronic devises must be approved by the commission before being used.
(b) A licensee conducting pari-mutuel betting must post prominently at each point of sale of
pari-mutuel tickets, in a manner approved by the commissioner of human services, the toll-free
telephone number established by the commissioner of human services in connection with the
compulsive gambling program established under section 245.98.
    Subd. 3. Types of betting. The commission shall by rule designate those types of pari-mutuel
pools which are permitted at licensed racetracks, and no licensee may conduct any type of
pari-mutuel pool which has not been so designated.
    Subd. 4. Takeout; distribution of winnings. A licensee conducting pari-mutuel betting must
deduct from a straight pari-mutuel pool, before payments to holders of winning tickets, an amount
equal to not more than 17 percent of the total money in that pool. The licensee must deduct from a
multiple pari-mutuel pool, before payments to the holders of winning tickets, an amount equal
to not more than 23 percent of the total money in that pool. The remaining money in each pool
must be distributed among the holders of winning tickets in a manner the commission by rule
prescribes for each type of pool. Breakage must be computed on the basis of payoffs rounded
down to the next lowest increment of 10 cents, with a minimum payoff of $1.10 on a $1 ticket,
except that the licensee may reduce the minimum payoff to $1.05 on a $1 ticket if there is not a
sufficient amount in a pool to make a minimum payoff of $1.10.
    Subd. 5. Purses. (a) From the amounts deducted from all pari-mutuel pools by a licensee, an
amount equal to not less than the following percentages of all money in all pools must be set aside
by the licensee and used for purses for races conducted by the licensee, provided that a licensee
may agree by contract with an organization representing a majority of the horsepersons racing the
breed involved to set aside amounts in addition to the following percentages:
(1) for live races conducted at a class A facility, and for races that are part of full racing card
simulcasting that takes place within the time period of the live races, 8.4 percent;
(2) for simulcasts conducted during the racing season other than as provided for in clause (1),
50 percent of the takeout remaining after deduction for taxes on pari-mutuel pools, payment to the
breeders fund, and payment to the sending out-of-state racetrack for receipt of the signal; and
(3) for simulcasts conducted outside of the racing season, 25 percent of the takeout remaining
after deduction for the state pari-mutuel tax, payment to the breeders fund, payment to the sending
out-of-state racetrack for receipt of the signal and, before January 1, 2005, a further deduction
of eight percent of all money in all pools. In the event that wagering on simulcasts outside of
the racing season exceeds $125 million in any calendar year, the amount set aside for purses by
this formula is increased to 30 percent on amounts between $125,000,000 and $150,000,000
wagered; 40 percent on amounts between $150,000,000 and $175,000,000 wagered; and 50
percent on amounts in excess of $175,000,000 wagered. In lieu of the eight percent deduction,
a deduction as agreed to between the licensee and the horsepersons' organization representing
the majority of horsepersons racing at the licensee's class A facility during the preceding 12
months, is allowed after December 31, 2004.
The commission may by rule provide for the administration and enforcement of this
subdivision. The deductions for payment to the sending out-of-state racetrack must be actual,
except that when there exists any overlap of ownership, control, or interest between the sending
out-of-state racetrack and the receiving licensee, the deduction must not be greater than three
percent unless agreed to between the licensee and the horsepersons' organization representing the
majority of horsepersons racing the breed racing the majority of races during the existing racing
meeting or, if outside of the racing season, during the most recent racing meeting.
In lieu of the amount the licensee must pay to the commission for deposit in the Minnesota
breeders fund under section 240.15, subdivision 1, the licensee shall pay 5-1/2 percent of the
takeout from all pari-mutuel pools generated by wagering at the licensee's facility on full racing
card simulcasts of races not conducted in this state.
(b) From the money set aside for purses, the licensee shall pay to the horseperson's
organization representing the majority of the horsepersons racing the breed involved and
contracting with the licensee with respect to purses and the conduct of the racing meetings and
providing representation, benevolent programs, benefits, and services for horsepersons and their
on-track employees, an amount, sufficient to perform these services, as may be determined by
agreement by the licensee and the horseperson's organization. The amount paid may be deducted
only from the money set aside for purses to be paid in races for the breed represented by the
horseperson's organization. With respect to racing meetings where more than one breed is racing,
the licensee may contract independently with the horseperson's organization representing each
breed racing.
(c) Notwithstanding sections 325D.49 to 325D.66, a horseperson's organization representing
the majority of the horsepersons racing a breed at a meeting, and the members thereof, may
agree to withhold horses during a meeting.
(d) Money set aside for purses from wagering, during the racing season, on simulcasts must
be used for purses for live races conducted at the licensee's class A facility during the same racing
season, over and above the 8.4 percent purse requirement or any higher requirement to which the
parties agree, for races conducted in this state. Money set aside for purses from wagering, outside
of the racing season, on simulcasts must be for purses for live races conducted at the licensee's
class A facility during the next racing season, over and above the 8.4 percent purse requirement or
any higher requirement to which the parties agree, for races conducted in this state.
(e) Money set aside for purses from wagering on simulcasts must be used for purses for live
races involving the same breed involved in the simulcast except that money set aside for purses
and payments to the breeders fund from wagering on full racing card simulcasts of races not
conducted in this state, occurring during a live mixed meet, must be allotted to the purses and
breeders fund for each breed participating in the mixed meet in the same proportion that the
number of live races run by each breed bears to the total number of live races conducted during
the period of the mixed meet.
(f) The allocation of money set aside for purses to particular racing meets may be
adjusted, relative to overpayments and underpayments, by contract between the licensee and the
horsepersons' organization representing the majority of horsepersons racing the breed involved at
the licensee's facility.
(g) Subject to the provisions of this chapter, money set aside from pari-mutuel pools for
purses must be for the breed involved in the race that generated the pool, except that if the breed
involved in the race generating the pari-mutuel pool is not racing in the current racing meeting, or
has not raced within the preceding 12 months at the licensee's class A facility, money set aside for
purses may be distributed proportionately to those breeds that have run during the preceding 12
months or paid to the commission and used for purses or to promote racing for the breed involved
in the race generating the pari-mutuel pool, or both, in a manner prescribed by the commission.
(h) This subdivision does not apply to a class D licensee.
    Subd. 6. Simulcasting. (a) The commission may permit an authorized licensee to conduct
simulcasting at the licensee's facility on any day authorized by the commission. All simulcasts
must comply with the Interstate Horse Racing Act of 1978, United States Code, title 15, sections
3001 to 3007.
(b) The commission may not authorize any day for simulcasting at a class A facility during
the racing season, and a licensee may not be allowed to transmit out-of-state telecasts of races the
licensee conducts, unless the licensee has obtained the approval of the horsepersons' organization
representing the majority of the horsepersons racing the breed involved at the licensed racetrack
during the preceding 12 months.
(c) The licensee may pay fees and costs to an entity transmitting a telecast of a race to the
licensee for purposes of conducting pari-mutuel wagering on the race. The licensee may deduct
fees and costs related to the receipt of televised transmissions from a pari-mutuel pool on the
televised race, provided that one-half of any amount recouped in this manner must be added to the
amounts required to be set aside for purses.
(d) With the approval of the commission and subject to the provisions of this subdivision, a
licensee may transmit telecasts of races it conducts, for wagering purposes, to locations outside
the state, and the commission may allow this to be done on a commingled pool basis.
(e) Except as otherwise provided in this section, simulcasting may be conducted on a separate
pool basis or, with the approval of the commission, on a commingled pool basis. All provisions
of law governing pari-mutuel betting apply to simulcasting except as otherwise provided in this
subdivision or in the commission's rules. If pools are commingled, wagering at the licensed
facility must be on equipment electronically linked with the equipment at the licensee's class A
facility or with the sending racetrack via the totalizator computer at the licensee's class A facility.
Subject to the approval of the commission, the types of betting, takeout, and distribution of
winnings on commingled pari-mutuel pools are those in effect at the sending racetrack. Breakage
for pari-mutuel pools on a televised race must be calculated in accordance with the law or rules
governing the sending racetrack for these pools, and must be distributed in a manner agreed
to between the licensee and the sending racetrack. Notwithstanding subdivision 7 and section
240.15, subdivision 5, the commission may approve procedures governing the definition and
disposition of unclaimed tickets that are consistent with the law and rules governing unclaimed
tickets at the sending racetrack. For the purposes of this section, "sending racetrack" is either
the racetrack outside of this state where the horse race is conducted or, with the consent of the
racetrack, an alternative facility that serves as the racetrack for the purpose of commingling pools.
(f) If there is more than one class B licensee conducting racing within the seven-county
metropolitan area, simulcasting may be conducted only on races run by a breed that ran at the
licensee's class A facility within the 12 months preceding the event.
    Subd. 6a.[Repealed, 1991 c 336 art 1 s 33]
    Subd. 7. Time limit for payments. The licensee must pay off on an uncashed ticket
presented for payment within 90 days of the end of the racing meeting during which it was
issued. A ticket not presented for payment within that period is an unredeemed ticket and shall be
reported to the commission as provided in section 240.15, subdivision 5.
    Subd. 8. Prohibited acts. A licensee may not accept a bet or a pari-mutuel ticket for
payment from any person under the age of 18 years. It is an affirmative defense to a charge under
this paragraph for the licensee to prove by a preponderance of the evidence that the licensee,
reasonably and in good faith, relied upon representation of proof of age described in section
340A.503, subdivision 6, in accepting the bet or pari-mutuel ticket for payment.
    Subd. 9. Transmission to Indian lands; pooling of bets. A licensed racetrack may, with the
approval of the horsepersons' organization representing the majority of horsepersons racing the
breed involved, transmit telecasts of races the licensee conducts to sites on Indian lands of tribes
who are lawfully conducting pari-mutuel wagering authorized by a tribal-state compact entered
into pursuant to the Indian Gaming Regulatory Act, Public Law 100-497, or through litigation,
arbitration, or mediation relative to that act. Nothing in this subdivision shall be construed to
indicate that state policy or law permits or encourages the transmission of telecasts to sites on
Indian lands. With prior approval of the commission, a licensed racetrack transmitting telecasts of
races it conducts, to sites on Indian lands within or outside of Minnesota or to other locations
outside the state, may commingle the amounts bet at the receiving entity with the pools at the
sending licensed racetrack.
History: 1983 c 214 s 13; 1985 c 212 s 12,13; 1986 c 444; 1987 c 327 s 1; 1988 c 696 s
2-4; 1989 c 141 s 4-7; 1989 c 334 art 1 s 12; 1991 c 336 art 1 s 17-23; art 2 s 4; 1992 c 513 art
3 s 46,47; 1994 c 633 art 1 s 4-9