AB100-engrossed,2031,1514
562.05
(1) (intro.) No person may engage in any of the following activities
15without a valid annual license issued by the
board
department:
AB100-engrossed,2031,1817
562.05
(1) (d) Any occupation required to be licensed under s. 562.02 (1) (am)
18or determined by the
board department under s. 562.02 (1) (am) to require a license.
AB100-engrossed,2031,2420
562.05
(1b) The
board department shall approve and conduct an examination
21to be administered to all applicants for a license under sub. (1) (d) to be a horse
22trainer. No license may be issued under sub. (1) (d) to a horse trainer unless the
board 23department determines that the applicant for the license is qualified as evidenced
24by the applicant's performance on the examination conducted under this subsection.
AB100-engrossed,2032,2
1562.05
(1m) The
board department may not issue a license under sub. (1) (a)
2to (c) except after a public hearing.
AB100-engrossed,2032,84
562.05
(2) The
board department shall establish, by rule, the qualifications for
5any license required under sub. (1) and fix the fee for that license and any
6background investigation under sub. (7) related to that license. Any moneys received
7under this subsection shall be
deposited in credited to the
appropriations 8appropriation accounts under ss.
20.197 (1) (g) and 20.455 (2) (g)
and 20.505 (8) (g).
AB100-engrossed,2032,1410
562.05
(2m) In issuing a license to own and operate a racetrack not at a fair,
11the
board department shall consider the competitive effects on any other licensee
12under sub. (1) (a) or (b). These competitive effects shall include, but not be restricted
13to, the impact on the economic viability of existing licensed racetracks and the jobs
14that have been created by such licensed racetracks.
AB100-engrossed,2032,2316
562.05
(3) No person may hold more than one license issued under sub. (1) (a)
17and one license issued under sub. (1) (b) or (c). If the applicant for any of those
18licenses is a corporation, association, limited liability company or partnership, the
19board department shall determine whether the applicant is the same person as
20another licensee for the purpose of applying this subsection. Nothing in this
21subsection prohibits any person with a license under sub. (1) from contracting for
22services with any other person with a license under sub. (1), subject to any rules
23promulgated by the
board department.
AB100-engrossed,2033,4
1562.05
(3m) The
board department may not accept an application for a license
2for a race under sub. (1) (c) unless the county board of the county in which that race
3will be conducted has approved the applicant's sponsorship and management of that
4race.
AB100-engrossed,2033,86
562.05
(3w) (intro.) Except as provided under subs. (3) to (3r), the
board 7department may issue a license under sub. (1) (a) if the
board department determines
8that all of the following conditions are met:
AB100-engrossed,2033,1610
562.05
(3wmr) If the condition under sub. (2m) is relevant to its decision, the
11board department may consider secondary economic impacts of an applicant's
12proposal for a racetrack if the applicant proves by a preponderance of evidence that
13the alleged secondary impacts will enhance the success of the applicant's proposed
14racetrack and the location of the proposed racetrack would compliment existing
15development with the overall effect of increasing tourism and generating state
16revenues from out-of-state residents.
AB100-engrossed,2033,2218
562.05
(3wt) In the first license issued to each applicant under sub. (1) (a) for
19each racetrack, the
board department shall specify a date by which each of the types
20of racing authorized under the license shall begin at that racetrack. Upon request
21of the licensee, the
board department may change a specified date to an earlier or
22later date pursuant to rules of the
board department.
AB100-engrossed,2034,224
562.05
(4) Any application for a license to sponsor and manage a race shall be
25accompanied by a bond, in an amount determined by the
board department, which
1shall be sufficient to guarantee the payment of fees, taxes and other money due,
2including animal owners' purses and payouts on winning wagers.
AB100-engrossed,2034,64
562.05
(4m) (intro.) Except as provided in sub. (4), the
board department may
5issue a license under sub. (1) (b) if the
board department determines that all of the
6following conditions are met:
AB100-engrossed,2034,118
562.05
(5) (a) 5. The person has been convicted of a violation of any law of this
9or another state or of the United States related to racing, pari-mutuel wagering or
10of any other form of gambling which is a serious violation, as defined by the
board 11department by rule.
AB100-engrossed,2034,1513
562.05
(5) (a) 6. The person has knowingly violated a rule or order of the
board 14department relating to pari-mutuel racing or any provision of this chapter or of ch.
1527, 182 or 945.
AB100-engrossed,2034,2217
562.05
(5) (b) 4. A restriction under par. (a) 2. to 8. does not apply to a
18partnership, limited liability company, association or corporation if the
board 19department determines that the partnership, association, limited liability company
20or corporation has terminated its relationship with each individual whose actions
21directly contributed to the application of that restriction to the partnership,
22association, limited liability company or corporation
.
AB100-engrossed,2035,1324
562.05
(5) (c) 2. Except as otherwise provided in this subdivision, if after the
25application for a license is made or a license is issued any new officer, director,
1partner, member or owner subject to par. (a), as specified in par. (b), or any other new
2person with a present or future direct or indirect financial or management interest
3in the application or license joins the applicant or licensee, the applicant or licensee
4shall, within 5 working days, notify the
board department of the change and provide
5the affidavit under subd. 1. After an application for a license under sub. (1) (a) or (b)
6is made or after a license under sub. (1) (a) or (b) is issued, no ownership interest or
7right of ownership in the applicant or licensee may be transferred unless the
8applicant or licensee provides the affidavit under subd. 1. for the proposed new owner
9and the proposed new owner is approved by the
board
department. The
board 10department shall conduct the background investigations required under sub. (7) of
11any new officer, director, partner, member, shareholder or proposed owner of an
12applicant or licensee named in a notice to the
board
department under this
13subdivision.
AB100-engrossed,2035,1715
562.05
(6m) (b) (intro.) The
board
department may not issue an intertrack
16wagering license unless the
board department determines that all of the following
17conditions are met:
AB100-engrossed,2035,2419
562.05
(6m) (b) 2. At least 250 race performances were conducted at the
20racetrack for which the applicant is licensed under sub. (1) (a) or (b) during the
21calendar year immediately preceding the year in which the applicant proposes to
22conduct intertrack wagering. The
board department may waive the requirement in
23this subdivision if the
board department determines that the waiver is in the public
24interest.
AB100-engrossed,2036,3
1562.05
(6m) (c) In considering whether to grant an intertrack wagering license,
2the
board department shall give due consideration to the best interests of the public
3and to maximizing revenue to the state.
AB100-engrossed,2036,105
562.05
(6m) (d) On each intertrack wagering license that the
board department 6issues, the
board department shall identify the racetrack at which intertrack
7wagering may be conducted, the times and number of days or specific dates, as
8determined by the
board department, during which intertrack wagering may be
9conducted, and the host track from which the simulcast of each race performance on
10which intertrack wagering may be conducted shall originate.
AB100-engrossed,2036,1412
562.05
(6m) (e) (intro.) The
board
department shall revoke an intertrack
13wagering license if the
board department determines that any of the following
14applies:
AB100-engrossed,2036,1916
562.05
(7) (a) (intro.) Except as provided under par. (ag), before the
board 17department issues a license under this section, the
board department, with the
18assistance of the department of justice, shall conduct a background investigation of
19the applicant for the license and of any of the following related to the applicant:
AB100-engrossed,2037,221
562.05
(7) (ag) (intro.) Paragraph (a) applies to any person required under s.
22562.02 (1) (am) to have a license except for any person determined by the
board 23department under s. 562.02 (1) (am) to require a license. Before the
board 24department issues a license to any person determined by the
board department 25under s. 562.02 (1) (am) to require a license, the
board department may, with the
1assistance of the department of justice, conduct a background investigation of the
2applicant for that license and of any of the following related to the applicant:
AB100-engrossed,2037,94
562.05
(7) (b) The
board department shall require any person subject to an
5investigation under par. (a) to be photographed and fingerprinted on 2 fingerprint
6cards each bearing a complete set of that person's fingerprints. The department of
7justice may provide for the submission of the fingerprint cards to the federal bureau
8of investigation for the purpose of verifying the identity of that person and obtaining
9any record of that person's criminal arrests and convictions.
AB100-engrossed,2037,1611
562.05
(7) (bg) The
board department may require any person subject to an
12investigation under par. (ag) to be photographed and fingerprinted on 2 fingerprint
13cards each bearing a complete set of that person's fingerprints. The department of
14justice may provide for the submission of the fingerprint cards to the federal bureau
15of investigation for the purpose of verifying the identity of that person and obtaining
16any record of that person's criminal arrests and convictions.
AB100-engrossed,2037,1918
562.05
(8) (a) The
board department may revoke or suspend a license for good
19cause after notice and hearing under s. 227.44.
AB100-engrossed,2037,2421
562.05
(8) (b) The
board department shall permanently revoke the license of
22any licensee whom the
board department determines under par. (a) has
23administered a medication or foreign substance to an animal in violation of s. 562.09
24(1).
AB100-engrossed,2038,2
1562.05
(8) (c) The
board
department shall permanently revoke the license of
2any licensee who violates s. 562.105.
AB100-engrossed,2038,64
562.05
(9) (a) Every license issued under sub. (1) (b) or (c) shall set forth the
5time and number of days, or the specific dates, during which racing may be conducted
6under that license, as determined by the
board department.
AB100-engrossed,2038,138
562.05
(9) (b) A license under sub. (1) (c) may authorize horse races on days on
9which the fair is conducted and for 2 additional periods not to exceed 5 days each.
10Either or both of the additional periods may be consecutive with the days on which
11the fair is conducted. In assigning race days and race times under this paragraph,
12the
board department shall consider the competitive effects on licensees under sub.
13(1) (a) and (b).
AB100-engrossed,2038,1815
562.05
(10) The
board department shall revoke the license issued under sub.
16(1) (a) of any person who accepts any public money to construct or operate a racetrack
17in Wisconsin. This subsection does not apply to any racetrack operated in
18conjunction with a county fair.
AB100-engrossed,2038,2220
562.057
(1) An intertrack wagering licensee may accept wagers on races that
21are conducted at 2 or more host tracks during the same race day with the approval
22of the
board department.
AB100-engrossed,2039,724
562.057
(4) Subject to sub. (4m), the
board department may permit a licensee
25under s. 562.05 (1) (b) to receive simulcast races from out-of-state racetracks, to
1conduct pari-mutuel wagering on those races and to commingle the licensee's
2wagering pools on those races with those of any out-of-state racetrack from which
3the licensee is permitted to receive simulcast races. The
board department may
4permit a licensee under s. 562.05 (1) (b) to simulcast races to any out-of-state legal
5wagering entity, and to commingle the licensee's wagering pools on those races with
6those of any out-of-state legal wagering entity to which the licensee is permitted to
7simulcast those races.
AB100-engrossed,2039,119
562.057
(4m) (intro.) The
board department may not permit a licensee under
10s. 562.05 (1) (b) to receive simulcast races under sub. (4) unless the
board department 11determines that all of the following conditions are met:
AB100-engrossed,2039,1413
562.057
(5) The
board department shall promulgate rules administering sub.
14(4).
AB100-engrossed,2039,1816
562.065
(1) Types of pools; purses. The
board department shall promulgate
17rules governing types of pari-mutuel pools that are permitted on races and the
18payment and allocation of purses for races.
AB100-engrossed,2040,420
562.065
(3) (a)
Deduction. From the total amount wagered on all animals
21selected to win, place or show in a race, a licensee under s. 562.05 (1) (b) and (c) shall
22deduct 17% or an amount approved by the
board department under s. 562.02 (1) (k)
23up to 20% and pay the balance, minus breakage, to winning ticket holders, except
24that for a multiple pool, the licensee shall deduct 23% or an amount approved by the
25board department under s. 562.02 (1) (k) up to 25% and pay the balance, minus
1breakage, to winning ticket holders. Nothing in this paragraph prohibits the
2licensee from retaining amounts wagered in multiple pools which are required to be
3paid to winning ticket holders if there are no winning ticket holders, for the sole
4purpose of paying these amounts to winning ticket holders of subsequent races.
AB100-engrossed,2040,86
562.065
(3) (c) 1. (intro.) For horse races, from the total amount deducted under
7par. (a) on each race day, a licensee under s. 562.05 (1) (b) shall deposit with the
board 8department the following amounts:
AB100-engrossed,2040,1311
562.065
(3) (c) 2g. (intro.) For dog races, from the total amount deducted under
12par. (a) on each race day that is on or after January 1, 1993, a licensee under s. 562.05
13(1) (b) shall deposit with the
board department the following amounts:
AB100-engrossed,2040,2215
562.065
(3) (c) 4. Annually, not later than February 15, a licensee under s.
16562.05 (1) (b) shall file with the
board department a statement computing the total
17amount paid to the
board department under subd. 1. during the immediately
18preceding year and the total amount wagered at races sponsored and managed by
19the licensee during that year. If the total amount paid to the
board department under
20subd. 1. exceeds the amount due under subd. 1. the
board department shall refund
21the difference to the licensee. If the total amount paid is less than the amount due
22the licensee shall remit the difference to the
board
department.
AB100-engrossed,2041,3
1562.065
(3) (d) 1. From the total amount deducted under par. (a) on each race
2day, a licensee under s. 562.05 (1) (b) shall deposit with the
board department an
3amount equal to 0.75% of the total amount wagered on that race day.
AB100-engrossed,2041,75
562.065
(3) (d) 2. The
board department shall
deposit credit the money received
6under subd. 1.
in to the
appropriations appropriation accounts under ss.
20.197 (1)
7(g) and 20.455 (2) (g)
and 20.505 (8) (g).
AB100-engrossed,2041,149
562.065
(3m) (c) 1. From the total amount of the deduction under par. (a)
10remaining after the payment of purses under par. (b), the licensee under s. 562.05
11(1) (c) shall retain an amount equal to the licensee's costs related to pari-mutuel
12racing and wagering conducted under the license. The
board department shall, by
13rule, determine the costs which may be included under this subdivision and require
14auditing of these costs.