Current through Vol. 42, No. 1, September 16, 2024
(a) Purses at
Commission-sanctioned race meeting(s) shall consist of statutorily designated
revenue to purses from:
(1) wagering at the
Organization Licensee's facilities, (including the Organization Licensee's
offtrack wagering facilities) on live races run at the Organization Licensee's
track and revenue from simulcasting the Organization Licensee's races to other
tracks and/or wagering facilities; and
(2) wagering revenue which accrues to purses
from the receipt by the Organization Licensee (including the Organization
Licensee's offtrack wagering facilities) of races simulcast to the Organization
Licensee, from other racing facilities, plus non-statutory money added to
purses, including nomination payments, sponsorship money, and money designated
to go to purses from any other source provided by statute and other sources
approved by the Commission. Organization Licensees licensed to conduct only
mixed breed race meeting(s) shall establish and distribute purses subject to
approval by the Commission and subject to paragraph (c) of this rule. Licensees
who conduct race meeting(s) by single breed or by single breed and mixed breed,
shall pay as purses during each race meeting statutorily-designated revenue
generated from (a)(1) above, during each race meeting, subject to paragraph (c)
of this rule. Statutorily-generated revenue from (a)(2) above shall be divided
between the race meetings, if more than one, based on an agreement (on a
calendar year basis) between the Organization Licensee and the duly elected
horsemen's representative organizations recognized by the Commission as
representing the breeds authorized to race at the respective race meetings. In
the absence of an agreement by October 1 of each calendar year, the parties
failing to agree shall immediately apply to the Commission for an Order
directing the division of such purse monies between the respective race
meeting(s).
(b) An
applicant for an organization license pursuant to Rule
325:15-3-4
shall submit with the application a request for approval of a purse overpayment
or underpayment amount for each race meeting for which a license is requested.
The amount requested shall have a reasonable relationship to the manner in
which permitted underpayments and overpayments have historically been
calculated. Upon granting the organization license, the Commission shall
approve and include in the license the amount of the permitted underpayment or
overpayment for each race meeting.
(c) Purses at Commission-sanctioned race
meetings shall be adjusted by the Organization Licensee to reflect as nearly as
possible the appropriate percentages designated by the Act from subparagraph
(a)(1) of this rule, generated during each race meeting as well as the division
by race meeting of simulcast proceeds provided for in subparagraph (a)(2) of
this rule.
(1) An Organization Licensee shall
not underpay or overpay the total amount designated for purses according to
subparagraphs (a)(1) and (a)(2) of this rule by more than the amount permitted
in the organization license. Any underpayment must be paid during the next race
meeting for that breed(s). Any overpayment not in excess of the amount
permitted in the organization license, may be recouped by the Organization
Licensee from statutorily-designated takeout percentages, which accrue to
purses from wagering handle, prior to or at the next subsequent race meeting.
(2) Except as otherwise authorized
in this rule, any purse overpayment in excess of the amount permitted in the
organization license shall be the responsibility of the Organization Licensee.
(3) The Commission may allow an
Organization Licensee to alter the amount of underpayment or overpayment set
forth in the organization license between race meetings for good cause shown
upon the joint application of the Organization Licensee and the duly elected
horsemen's representative organization. Any overpayment in excess of the amount
permitted in the organization license which has been approved by the Commission
may be recouped by the Organization Licensee from statutorily-designated
takeout percentages which accrue to purses from wagering handle prior to or at
the next subsequent race meeting unless a longer recoupment time is approved by
the Commission.
(d)
Subject to subparagraph (c) of this rule, all statutorily-designated revenue
which accrues to purses from (a)(2) above after the close of a live race
meeting for each breed shall be applied to purses during the next live race
meeting for that breed(s).
(e) In
the event any statutorily-designated purse money cannot be paid to purses in
accordance with provisions of this rule the Commission shall determine the
disposition of such accrued, but unpaid, purse money.
(f) Sub-paragraph (a) of this rule shall be
applicable to the division of statutorily-designated purses commencing January
1, 1999.
Amended at 10 Ok Reg 2251,
eff 3-11-93; Amended at 11 Ok Reg 4191, eff 7-26-94; Amended at 15 Ok Reg 3192,
eff 7-13-98
