OAR 462-200-0390
Surcharges

(1)

The method of charging surcharges will be set forth in the race meet licensee’s application for off track sites. The percentage of the surcharge will be in an amount agreed on by the race meet licensee and the off track site, set forth in the contract between the race meet licensee and the off track site and approved by the commission. No surcharge may be in an amount over 5% of the wager or the winnings depending on the surcharge method chosen.

(2)

The distribution of the surcharge will be set forth in the contract between the race meet licensee and the off-track site. Payment of the surcharge to the parties or account(s) entitled to a portion of the surcharge will be made at least every two weeks and not later than five (5) days after the last day of racing of the two week period. Surcharge amounts will be deposited into a separate account containing only surcharges from off-track sites on a weekly basis. All surcharge monies will remain in that account until such time as they are distributed to the parties or account(s) entitled to a portion of the monies.

(3)

If a portion of the surcharge is to be used for advertising or promotion per the contract between the race meet licensee and the off-track site, the party holding the funds will maintain a ledger showing the amount of money deposited in the “advertising/promotion” account for each off-track site, the amount of money spent for advertising/promotion of each off-track site, and the amount of money available for expenditure for each off-track site.

(a)

The race meet licensee and the off-track site shall prepare a written agreement prior to the opening of the site regarding an advertising/promotion program which includes what types of expenditures will fall into the “advertising/promotion” category, and whether the payment of the funds will be made on a reimbursement or a direct payment basis. (If the payment from the advertising fund is a reimbursement, payment shall be made not later than ten (10) days after the receipt of the appropriate documentation and invoice by the holder of the funds. If the payment is directly to the vendor of the service, payment shall be made by the holder of the funds within the time-line set forth on the invoice, given that proper documentation has been received.) A copy of the plan shall be available for inspection by a representative of the commission at either the race meet licensee’s track or the off-track site.

(b)

In cases of a dispute between the race meet licensee and the off-track site as to payment of invoices, the amount of money available for an off-track site, or other issue regarding the advertising/promotion account, the holder of the funds will make all records available to the commission or its representative.

(c)

Disbursement of portions of the surcharge dedicated to advertising and promotion not used during a race meet shall be set forth in the contract between the race meet licensee and the off track-site.

(4)

Surcharges may be charged using one of two methods: A surcharge on the amount wagered; or, A surcharge on the amount of the winnings at the time the winnings are paid.

(a)

Surcharge on the Amount Wagered. A surcharge on the amount wagered may be an amount up to 5% which will be collected, at the time of the wager, in addition to the amount actually wagered. The surcharge will not be considered as part of the mutuel pool and will be accounted for separately from the mutuel pool. In cases of a refund, the surcharge amount will also be refunded.

(b)

Surcharge on the Amount of Winnings. “Winnings” is defined as the unbroken on-track price of the winning payout.

(A)

After the $1 Unbroken On-Track Price is Calculated:
(i)
Surcharge Liability = $1 Unbroken On-Track Price x Surcharge %;
(ii)
$1 Unbroken Off-Track Price = $1 Unbroken On-Track Price — Surcharge Amount;
(iii)
$1 Broken Off-Track Profit = $1 Unbroken Off-Track Price Rounded Down to the Break Point;
(iv)
Posted Off-Track Price = $1 Broken Off-Track Price x $2;
(v)
Total Off-Track Payout = $1 Broken Off-Track Price x Gross Amount Bet on Winner at Off-Track Sites;
(vi)
Total Off-Track Breakage = $1 Breakage x Gross Amount Bet on Winner at Off-Track Sites and Cashed;
(vii)
Total Surcharge = $1 Surcharge Amount x Gross Amount Bet on Winner at Off-Track Sites and Cashed.
NOTE: Surcharges on Winnings are paid at the time the winnings are paid, therefore, prior to the cashing of the winning ticket the surcharge and off track breakage amounts are liabilities only.

(B)

Winnings shall not be surcharged when it would cause the profit on one dollar wagered to be reduced below five cents.

(C)

The surcharge on winnings will be paid when the wagerer cashes the winning ticket. The totalizator system shall provide a daily report showing the surcharges paid from cashed tickets from previous day’s wagering, surcharges paid from today’s tickets and surcharge payables to date. This report shall also show the debits and credits between off-track sites.

(D)

Surcharges received from surcharges on winnings shall be credited to the site at which the wager was placed.

(E)

Surcharges on the winnings shall not be deducted from the unclaimed winnings reverting to the State of Oregon.

Source: Rule 462-200-0390 — Surcharges, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=462-200-0390.

462‑200‑0010
Pari-Mutuel Rules and Regulations 462‑200‑0020
Minimum Payoff 462‑200‑0030
Breakage and Computation on Each Mutuel Pool 462‑200‑0040
Days Racing Permitted 462‑200‑0050
Underpayment 462‑200‑0060
Identification and Conduct of Mutuel Employees 462‑200‑0070
Closing Wagering and Locking Pari-Mutuel Machines 462‑200‑0080
Totalizator Standards 462‑200‑0090
Totalizator and Tote Board Operations 462‑200‑0100
Public Information 462‑200‑0110
Emergency 462‑200‑0120
Minus Pool 462‑200‑0130
Unclaimed Winnings Account 462‑200‑0140
Daily Racing Program Publishing Requirements 462‑200‑0150
General Provisions 462‑200‑0160
Records 462‑200‑0170
Pari-Mutuel Tickets 462‑200‑0180
Pari-Mutuel Ticket Sales 462‑200‑0190
Pay Out 462‑200‑0200
Advance Performance Wagering 462‑200‑0210
Claims for Payment from Pari-Mutuel Pool 462‑200‑0220
Payment for Errors 462‑200‑0230
Cancelled Contests 462‑200‑0240
Refunds 462‑200‑0250
Coupled Entries and Mutuel Fields 462‑200‑0260
Pools Dependent Upon Betting Interests 462‑200‑0270
Prior Approval Required for Betting Pools 462‑200‑0280
Complaints Pertaining to Pari-Mutuel Operations 462‑200‑0290
Duties of Sending Track 462‑200‑0300
Duties of Authorized Receiving Track 462‑200‑0305
Approval Criteria of the Commission for Authorizing Receiving Tracks 462‑200‑0310
Off-Track Wagering 462‑200‑0320
General Provisions 462‑200‑0330
Intrastate Wagering Approval Orders 462‑200‑0340
Application and Approval of Off-Track Wagering Facilities 462‑200‑0350
Financial Reports 462‑200‑0360
Licenses for Other Employees and Officials at the Off-Track Wagering Facility 462‑200‑0370
General Operations of Off-Track Facility 462‑200‑0390
Surcharges 462‑200‑0400
General 462‑200‑0410
Guest State Participation in Interstate Common Pools 462‑200‑0420
Host State Participation in Merged Pools 462‑200‑0430
Takeout Rates in Interstate Common Pools 462‑200‑0440
Distribution of Takeout and Breakage from Received Interstate Wagering 462‑200‑0450
Hearing in Cases of Alleged Violation of Intra State or Inter State Simulcasting Rules or Statute 462‑200‑0460
General 462‑200‑0470
Win Pools 462‑200‑0480
Place Pools 462‑200‑0490
Show Pools 462‑200‑0500
Double Pools 462‑200‑0510
Pick Three Pools 462‑200‑0520
Pick (n) Pools 462‑200‑0530
Quinella Pools 462‑200‑0540
Quinella Double Pools 462‑200‑0550
Exacta Pools 462‑200‑0560
Trifecta Pools 462‑200‑0570
Superfecta Pools 462‑200‑0580
Twin Quinella Pools 462‑200‑0590
Twin Trifecta Pools 462‑200‑0600
Tri-Superfecta Pools 462‑200‑0610
Twin Superfecta Pools 462‑200‑0620
Place Pic (n) Pools 462‑200‑0635
Show Pick N with Unique Ticket Jackpot 462‑200‑0640
1-2-3 Pick N Pools 462‑200‑0645
Pick (n) Jackpot 462‑200‑0650
Choose (n) Rules 462‑200‑0660
Racing Roulette Win Pool Rules 462‑200‑0665
Pick (n) Position (x) Pools 462‑200‑0670
Racing Roulette Jackpot Pick (n) 462‑200‑0700
Instant Racing 1-2-3 with Pick N
Last Updated

Jun. 8, 2021

Rule 462-200-0390’s source at or​.us