(a)Description.A winning pick-five wager requires selection of the first-place finisher in each of five designated, consecutive contests, unless otherwise provided in this section. The track operator must obtain written approval from the commission concerning the scheduling of pick-five contests, the designation of the method used and the amount of any cap to be set on the carryover. Any changes to the approved pick-five format require prior approval from the commission.
(b)Separate wager.The pick-five wager is not a parlay and has no connection or relation to the other betting pools for the respective races. The pick-five pool shall be held entirely separate from all other pools and is no part of a daily double, exacta, quinella, trifecta, superfecta or other wagering pool.
(c)No resale.Resale of pick-five tickets from one individual to another is prohibited, shall be grounds for ejection, and may be deemed illegal gambling.
(d)Clear designation.Races in which pick-five pools shall be conducted shall be clearly designated in the program and racing cards issued by the association or corporation.
(e)Ticket design.The design of the pick-five tickets shall be clearly and immediately distinguishable from other pari-mutuel tickets.
(f)Scratched horses and nonstarters.Should a programmed starter be scratched or declared a nonstarter in any pick-five race before the start of the first pick-five race, any affected bettor may select another betting interest, if the wager can be canceled and a replacement wager issued before the start of the first pick-five race, or may obtain a cancellation of the wager prior to the start of the first race of the pick-five sequence. If neither option is exercised, then wagers upon such scratched or declared nonstarter shall be deemed wagers upon the designated horse for such race. The designated horse means the betting entry or field upon which the most wagering money has been registered at the track in the win pool at the close of win-pool betting for such race. (In the event of a money tie, the tied betting entry or field with the lowest program number shall be designated.) At any time after wagering begins on the pick-five pool, should an entire betting entry or field be scratched or declared a nonstarter in any pick-five race, no further tickets selecting such betting entry or field shall be issued, and wagers upon such betting entry or field, for purposes of the pick-five pool, shall be deemed wagers upon the designated horse. Wagers in the pick-five pool upon an entry or field of horses from which a starter or starters may have been scratched will, in the case of such entry or field, be deemed wagers upon the horse or horses remaining in such entry or field. In case no starter remains representing any betting entry or field, wagers upon such entry or field shall be deemed wagers upon the designated horse in the race affected by the scratch. Should the balance of a betting entry or field race as a non-betting starter for purposes of other pari-mutuel pools, as provided in sections 4009.20 and 4009.21 of this Article, wagers upon such entry or field shall be deemed wagers upon the designated horse for such race.
(g) Wagering tickets and winners. If neither subdivision (h) nor subdivision (i) of this section applies, then the pick-five pool shall be apportioned, with the prior written approval of the commission following the request of track operator offering this wager, pursuant to either paragraph (1) or (2) of this subdivision, as follows:
(1) the net pick-five pool and carryover, if any, shall be distributed as a single price pool to those who selected the first-place finisher in each of the pick-five contests, based on the official order of finish, unless otherwise provided in this section. If there are no such wagers, the net pick-five pool shall be added to the carryover; or(2) the net pick-five pool and carryover, if any, shall be distributed as a single price pool to those who selected the first-place finisher in each of the pick-five contests, based on the official order of finish, or to the holders of wagers selecting the first-place finisher in each of the pick-five contests with no more than one all-win race, unless otherwise provided in this paragraph. Should there be no wager selecting winners of all five designated races or no wager selecting the winners of the designated races with no more than one all-win race, then 25 percent of the net pool, excluding carryover from the previous program, shall be distributed, less breaks, to the holders of wagers selecting the winners of the most pick-five races and 75 percent of the net pool shall be added to the carryover. In addition to the net-pool share and any carry-overs distributable when a wager correctly selects winners of all five designated races, or four winners and no more than one all-win race of a pick-five pool, there shall be distributed by the track operator from its own funds, upon such occurrence, any amounts the track operator has advertised that the track operator will add to the total distribution.(h) Race cancellations. Except for pick-five pools in which a designated distribution is to be made, the following shall apply:
(1) If one or two of the pick-five races are cancelled or declared no race or non-betting, then those who selected the winners of other pick-five races shall share the net pool. Any carryover from previous programs will be carried over to the next pick-five wager pool. If there are no such wagers and the track operator has selected the pick-five wagering option set forth in paragraph (2) of subdivision (g) of this section, 25 percent of the net pick-five pool, excluding any carryover from previous programs, shall be distributed, less breaks, as a single price pool to those who selected the first-place finisher in the greatest number of pick-five races, and 75 percent shall be added to the carryover.(2) If more than two of the pick-five races are cancelled or declared no race or non-betting, then the entire pool shall be cancelled and all pick-five wagers shall be refunded.(3) If any of the designated races of the pick-five sequence is cancelled or declared no race or non-betting before the first pick-five race is made official, then the pick-five pool shall be declared off and the gross pool refunded.(i) Surface transfer. When the condition of a turf course warrants a change of racing surface to a non-turf course in any of the pick-five races, and such change has not been known to the public before the close of wagering for the pick-five pool, then such changed race shall be deemed an all win race for pick-five wagering purposes. An all-win race means the winning horse of that race is assigned to each pick-five bettor as such bettor's selection for that race. Except for pick-five pools in which a final distribution is to be made, a pick-five pool with surface transfer(s) shall be handled as follows:
(1) If there was a surface change to a non-turf course in only one of the pick-five races, then the bettors who selected the winners of the four pick-five races for which there were no surface changes shall share that day's net pool for such wager as well as any carryover. If there are no such wagers and the track operator has selected the pick-five wagering option set forth in paragraph (2) of subdivision (g) of this section, 25 percent of the net pick-five pool, excluding any carryover from previous programs, shall be distributed, less breaks, as a single price pool to those who selected the first-place finisher in the greatest number of pick-five races, and 75 percent shall be added to the carryover.(2) If there was a surface change to a non-turf course in more than one of the pick-five races, then the bettors who selected the winners of all the other pick-five races shall share that day's net pool for such wager but shall not share any carryover (any such previous carryover to be carried over to the next performance's pick-five wager pool). If there are no such wagers and the track operator has selected the pick-five wagering option pursuant to paragraph (2) of subdivision (g) of this section, 25 percent of the net pick-five pool, excluding any carryover from previous programs, shall be distributed, less breaks, as a single price pool to those who selected the first-place finisher in the greatest number of pick-five races, and 75 percent shall be added to the carryover.(3) If there are one or more surface change races in the pick-five sequence, and there are no bettors who selected the winner(s) of all the other pick-five races, then: (i) if the track operator has selected the pick-five wagering option set forth in paragraph (1) of subdivision (g) of this section, the net pool for such program shall be carried over to the next performance's pick-five wager pool; or(ii) if the track operator has selected the pick-five wagering option pursuant to paragraph (2) of subdivision (g) of this section, 25 percent of the net pick-five pool, excluding any carryover from previous programs, shall be distributed, less breaks, as a single price pool to those who selected the first-place finisher in the greatest number of pick-five races, and 75 percent shall be added to the carryover.(4) If there are one or more surface change races in the pick-five sequence and there are no bettors who selected the winner of any of the other pick-five races, then the entire pool for such program shall be refunded.(j)Dead heats.If there is a dead heat for first in any of the pick-five contests involving:
(1) contestants representing the same betting interest, then the pick-five pool shall be distributed as if no dead heat occurred; or(2) contestants representing two or more betting interests, then the pick-five pool shall be distributed as a single price pool with each winning wager receiving an equal share of the profit.(k) Carryovers. (1) The pick-five carryover may be capped at a designated level approved by the commission so that if, at the close of any performance, the amount in the pick-five carryover equals or exceeds the designated cap, then the pick-five carryover will be frozen until such carryover is won or distributed under the other provisions of this section. After the pick-five carryover is frozen, 100 percent of the net pool that ordinarily would be added to the pick-five carryover shall be distributed to those whose selection finished first in the greatest number of pick-five contests for that performance.(2) A written request for permission to distribute the pick-five carryover on a specific performance may be submitted to the commission. The request must contain justification for the distribution, an explanation of the benefit to be derived and the intended date and performance for the distribution.(3) If for any reason the pick-five carryover must be held over to a subsequent meet, the carryover shall be deposited in an interest-bearing account approved by the commission. The pick-five carryover plus accrued interest shall then be added to the net pick-five pool of the following meet on a date and performance so designated by the commission.(4) With the written approval of the commission, the track operator may contribute to the pick-four carryover a sum of money up to the amount of any designated cap.(l)Other designated distributions.The pick-five carryover may be designated for distribution on a specified date and performance, other than as a final distribution, as set forth in subdivision (m) of this section, only under the following circumstances:
(1) upon written approval from the commission as provided in subdivision (i) of this section; or(2) upon written approval from the commission when there is a change in the carryover cap, a change from one type of pick-(n) wagering to another, or when the pick-five pool is discontinued. If the pick-five carryover is designated for distribution on a specified date and performance in which there are no wagers selecting the winner in each of the pick-five races, then the net pool, with any carryover, shall be distributed as a single-price pool to those whose selection finished first in the greatest number of pick-five contests.
(m) Final distribution. The track operator shall select, with the approval of the commission, a date and program during the final week of the annual assigned racing dates of the track operator, and also during the year during the final week of a meeting at a track after which such track operator will operate at another track, when there shall be a final distribution of all accumulated carryovers together with the net pool of the pick-five pool conducted during such program to the holders of wagers selecting the winners of the most pick-five races contested during such program. If all pick-five races on the program designated for final distribution are cancelled and no further programs are conducted at the meeting, then no other pick-five pools shall be conducted during such week and the commission shall require that a pick-five pool be conducted on the first program of the next race meeting conducted at such track by such track operator to provide for final distribution for such prior meeting. The commission may also order a final distribution for an earlier time in the commission's discretion.
(n)Suspension of wager. The track operator may suspend previously approved pick-five wagering with the prior approval of the commission. Any carryover shall be held until the suspended pick-five wagering is reinstated. A track operator may request approval of a pick-five wager or separate wagering pool for specific performances.(p)Other occurrences. In the event of occurrences not encompassed within the explicit provisions of this section, distribution shall be formulated on the basis of established pari-mutuel practice and in accordance with the distribution philosophy set forth in this section; provided, nevertheless, that if full distribution of the pool is made on the basis of outstanding tickets, then the method of formulation announced by the track and the basis upon which payments have been made shall be deemed conclusively correct and not subject to review.(q)Posting of winning combinations.Every pick-five wagering combination entitled to a payoff shall be posted publicly by the track operator together with the payoff price.
(r)Non-transferability.Pick-five tickets shall be nontransferable, and violations of this subdivision may lead to confiscation and cancellation of such tickets in addition to other disciplinary action.
(s) Betting information. A track operator may display publicly information in regard to combinations wagered upon, amounts wagered on such combinations, numbers of tickets sold or number of tickets still capable of winning a pick-five pool. The operation of the totalisator equipment and reports generated thereby shall be subject to the strict supervision of the commission.
(x)Rule availability. Copies of this section shall be made available free of charge by the track operator to the public in the public betting area of the track.N.Y. Comp. Codes R. & Regs. Tit. 9 § 4011.25
Adopted New York State Register May 11, 2016/Volume XXXVIII, Issue 19, eff. 7/22/2016Amended New York State Register August 7, 2019/Volume XLI, Issue 32, eff. 8/7/2019Amended New York State Register June 3, 2020/Volume XLII, Issue 22, eff. 6/3/2020Amended New York State Register June 5, 2024/Volume XLVI, Issue 23, eff. 6/5/2024