Gaming Commission Rulings Database
| Licensee: PHILIP A. WHITE |
| Licensed As: GS- VENDOR: PHARM SALES |
| Notice Number: MO 345-2009 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 08/26/2009 |
| Ruling Type: Fine |
| Rule(s): 5100.24(d)(3)&(4) |
| Ruling Text: You are hereby notified a fine in the amount of $100.00 has been levied against you for not stopping wagering after the state of the 2'nd race at Buffalo Raceway on July 24, 2009. STIPULATION 3/22/2011 Rick Goddell; WHEREAS, the Presiding Judge at Buffalo Raceway fined AmTote International, Inc. (“AmTote”) One Thousand Dollars ($1,000.00), and fined its employee Phil White (“White”) One Hundred Dollars ($100.00), on the ground that when the primary device did not stop wagering upon the start of the 2nd Race at Buffalo Raceway on July 24, 2009, the aforementioned parties, the totalisator operator company and its responsible employee at the racetrack, for 49 seconds did not ensure that wagering was stopped by the use of a secondary stop-wagering device or otherwise, in violation of 9 NYCRR §§ 5100.24(d)(3, 4); WHEREAS, AmTote and White (“respondents”) timely appealed the rulings; and WHEREAS, no person who is party to this proceeding is an infant or incompetent person for whom a committee has been appointed NOW, upon the mutual promises and considerations set forth in this Agreement, the parties agree to settle this matter as follows: 1. The New York State Racing and Wagering Board (“Board”) and respondents hereby agree to the disposition of their pending matters as set forth herein. 2. Respondents withdraw their appeals and understand that they are being penalized as set forth in detail herein. The Board acknowledges that the respondents were not primarily responsible to stop wagering and that the stop wagering did occur, albeit 49 seconds after the start of the subject race, because of the action of respondents. Respondents acknowledge that a delay of 49 seconds can result in improper late-wagering occurring on a race. The parties acknowledge that Buffalo Raceway has subsequently provided the tote room with a live feed of the race which allows AmTote’s employee to observe the formation of the racing field prior to the actual start of a race. 3. Respondent AmTote understands and agrees that it shall pay a fine of One Thousand Dollars ($1,000.00). Respondent White understands and agrees that he shall pay a fine of One Hundred Dollars ($100.00). 4. Respondents understand and agree that a failure to pay their fines within 30 days, i.e., by the delinquency date, shall result in the assessment of interest and/or a late payment charge and may result in other collection charges and sanctions. 5. Respondents waive their right to bring a judicial challenge to any of the actions of the New York State Racing and Wagering Board, its members, agents, or employees, with respect to this matters, in any state or federal court or other forum. 6. Respondents have read all of the above conditions and understand and agree to comply with these conditions. They understand that their participation in racing is conditioned upon their compliance with this agreement. 8. This Settlement Agreement represents the full, final and complete agreement between Respondents and Office of Board Counsel and resolution of this matter, and may be individually executed and read collectively as though each party had signed the same original. |
| Fined: $100.00 |
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