Ark. Code Ann. § 23-110-406 (2026)
Disposition of wagering money — Payment to winning bettors required — Exceptions
- Excepting only the moneys retained for the use and benefit of the franchise holder, the amounts paid to the Arkansas Racing Commission for the use and benefit of the State of Arkansas, the amount paid to the commission for deposit into the Arkansas Racing Commission Purse and Awards Fund, and the amount paid to a city, town, or county as provided in this subchapter, all moneys received by the franchise holder from wagers pursuant to this subchapter shall be paid over to bettors holding winning pari-mutuel tickets in accordance with the provisions and at the times specified in the various race programs written by the franchise holder for the racing meet, as their respective interests may appear, upon presentation of those tickets.
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However, all winning pari-mutuel tickets not presented to the franchise holder for redemption on or before the one hundred eightieth day next following the last racing day of each racing meet hereafter held shall be void. Of the moneys represented by void pari-mutuel tickets, the franchise holder shall forthwith distribute the proceeds as follows:
- One-third (1/3) of the amount thereof shall be retained by the franchise holder for its own use and benefit;
- One-third (1/3) of the amount thereof shall be paid to the commission for deposit in the State Treasury as general revenues; and
- One-third (1/3) of the amount thereof shall be paid to the treasurer of the county in which the racing track is located for credit to the general fund of the county.
History. Acts 1957, No. 46, § 23; 1965, No. 142, § 1; 1967, No. 130, § 3; 1973, No. 780, § 1; 1983, No. 251, §§ 2, 3; 1985 (1st Ex. Sess.), No. 27, §§ 2, 3; 1985 (1st Ex. Sess.), No. 36, § 2; A.S.A. 1947, § 84-2749.
Publisher's Notes. Acts 1973, No. 780, § 4, provided that it was the purpose and intent of the act to classify the revenues received by the state from the pari-mutuel tax on horse and dog racing and those represented by void pari-mutuel tickets on horse and dog racing as general revenues.
Case Notes
Constitutionality.
This section does not violate the Arkansas Constitution's prohibitions of the impairment of contractual obligations, government taking of property without notice or hearing, or of the enactment of special legislation. Mahurin v. Oaklawn Jockey Club, 299 Ark. 13, 771 S.W.2d 19 (1989).
In General.
The preclusion of recovery under this section is, or is the same as, a statute of limitation, and its effect is not adjudicatory but legislative. Mahurin v. Oaklawn Jockey Club, 299 Ark. 13, 771 S.W.2d 19 (1989).
Applicability.
The applicability of this section does not require a ticket holder's notification of the escheat and limitation provisions of this section. Mahurin v. Oaklawn Jockey Club, 299 Ark. 13, 771 S.W.2d 19 (1989).
Duty of Ordinary Care.
Racetrack owed a duty to exercise ordinary care to patron who placed what turned out to be a winning bet but machine failed to issue a conforming ticket. Register v. Oaklawn Jockey Club, Inc., 306 Ark. 318, 811 S.W.2d 315, modified, 306 Ark. 321, 821 S.W.2d 475 (1991).
Cited: Evans v. Arkansas Racing Comm'n, 270 Ark. 788, 606 S.W.2d 578 (1980).