SECTION 325:10-1-33. Horsemen's Purses

(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.

[Source: 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; Amended at 33 Ok Reg 1535, eff 9-11-16]