Page:United States Statutes at Large Volume 92 Part 2.djvu/533

 PUBLIC LAW 95-515—OCT. 25, 1978

92 STAT. 1813

PROHIBITION

SEC. 4. No person may accept an interstate ott'-ti-ack wager except 15 USC 3003. as provided in this Act. REOUI^ATION

SEC. 5. (a) An interstate off-track wager may be accepted by an 15 USC 3004. 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 Act ., ^^, _ 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 Act between an oft'-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 thenexisting 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thereafter be required as such condition precedent and as a part of the regular contractual process, and may not be withdrawn or varied except in the regular contractual process.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has a ,« regular contractual process with such horsemen's group, said agreement by the horsemen's group may not be withdrawn or varied except in the regular contractual process; (2) the host racing commission; (3) the off-track racing commission.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)(1) In addition to the requirement of subsection (a), any offtrack betting office shall obtain the approval of— (A) all currently operating tracks within 60 miles of such offtrack 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 with• * - i,i out 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 pro-

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