Title 15, Commerce and TradeRelease 119-110

§3004 Regulation of Interstate Off-track Wagering

Title 15 › CHAPTER 57 — INTERSTATE HORSERACING › § 3004

Last updated Sep 22, 2026|Official source

Summary

Off-track betting systems may only take interstate bets if they get three permissions first: the host racing association, the host racing commission, and the off-track racing commission. The host racing association must have a written agreement with the horsemen’s group that lets the association give that permission, unless an existing contract at the time this law started already covers interstate off-track betting. If older contracts already had rules or prior written consents, those rules stay in place until normal contract changes are made, and new agreements can’t be withdrawn except through the usual contract process. An off-track betting office must also get OK from every currently operating track within 60 miles, or if none are that close then from the nearest operating track in a neighboring State. One exception: in a State with at least 250 days of on-track parimutuel racing, an off-track office may take interstate bets without those nearby-track approvals for up to 60 racing days and 25 special events a year, but only if no same-type racing is happening at the same time within 60 miles in the off-track State (or the racing program can’t be completed). Dark days during a scheduled meet may be excluded. The office must offer the same terms to any nearby track and still must have the three permissions above. Finally, the takeout (house cut) on an interstate wager cannot be higher than the takeout for the same type of off-track wager in the off-track State, unless that State’s law allows a higher takeout.

Full Legal Text

Title 15, §3004

Commerce and Trade, Source: USLM XML via OLRC

(a)Consent of host racing association, host racing commission, and off-track racing commission as prerequisite to acceptance of wager
An interstate off-track wager may be accepted by an 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 chapter 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 chapter between an off-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 then-existing 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)Approval of tracks as prerequisite to acceptance of wager; exceptions
(1)In addition to the requirement of subsection (a), any off-track betting office shall obtain the approval of—
(A)all currently operating tracks within 60 miles of such off-track 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 without 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 program cannot be completed. Excluded from such 60 days and from the consent required by subsection (b)(1) may be dark days which occur during a regularly scheduled race meeting in said off-track betting State. In order to accept any interstate off-track wager under the terms of the preceding sentence the off-track betting office shall make identical offers to any racing association described in subparagraph (A) of subsection (b)(1). Nothing in this subparagraph shall be construed to reduce or eliminate the necessity of obtaining all the approvals required by subsection (a).
(c)Takeout amount
No parimutuel off-track betting system may employ a takeout for an interstate wager which is greater than the takeout for corresponding wagering pools of off-track wagers on races run within the off-track State except where such greater takeout is authorized by State law in the off-track State.

Reference

Citations & Metadata

Citation

15 U.S.C. § 3004

Title 15, Commerce and Trade

Last Updated

Sep 22, 2026

Release point: 119-110