§ 41-10-7. Off track betting taxes and commissions. (a) Each licensee conducting wagering in an off track betting facility under the pari-mutuel system shall pay to the state, and there is hereby imposed, a tax on such events at the rate of:

(1) Three and one half percent (3.5%) of the total money wagered thereon on win, place, and show wagers;

(2) Four percent (4%) on multiple wagers therein involving two (2) animals; and

(3) Four and one half percent (4.5%) on exotic wagers therein involving three (3) or more animals.

(b) Where the division has approved the commingling of wagers placed at the off track betting facility into similar wagering pools at a host facility where the racing event is conducted, each licensee conducting wagering in an off track betting facility may retain as his or her licensee's commission an amount equal to the takeout at the host facility. Where commingling of wagers does not occur the division shall be:

(1) Eighteen percent (18%) of the amount wagered therein on win, place and show wagers;

(2) Twenty percent (20%) on multiple wagers therein, involving two (2) animals;

(3) Twenty-five percent (25%) on exotic wagers therein involving three (3) or more animals; and

(4) One half (1/2) of the breakage to the dime resulting from such betting shall be paid to the division to support the division in accordance with § 41-4-4.1. The remaining breakage shall be retained by the licensee.

(c) Off track betting licensees may impose a surcharge on winning wagers of up to five and one half percent (5.5%) to offset telecommunications costs and the cost of acquiring racing signals.

History of Section. (P.L. 1990, ch. 512, § 1.)