562.05(4m)(c)
(c) The license will not create competition that will adversely affect any other licensee under
sub. (1) (a) or
(b).
562.05(5)(a)(a) No license may be issued under
sub. (1) to any person to whom any of the following applies:
562.05(5)(a)1.
1. The person is in default on any payment required under this chapter or under any rule promulgated under this chapter or under any law of any other state related to pari-mutuel wagering or racing.
562.05(5)(a)2.
2. The person has been convicted of a felony within 20 years preceding the date of application in a state or federal court for which he or she has not been pardoned and restored to full civil rights or has been charged with the violation of a state or federal law which is a felony if that charge has not been dismissed or settled in any other way.
562.05(5)(a)3.
3. The person is or has been connected with or engaged in any business which is prohibited under the laws of this or another state or of the United States.
562.05(5)(a)4.
4. The person has been convicted of fraud or misrepresentation in connection with racing or animal breeding.
562.05(5)(a)5.
5. The person has been convicted of a violation of any law of this or another state or of the United States related to racing, pari-mutuel wagering or of any other form of gambling which is a serious violation, as defined by the board by rule.
562.05(5)(a)6.
6. The person has knowingly violated a rule or order of the board or any provision of this chapter or of
ch. 27,
182 or
945.
562.05(5)(a)7.
7. The person has been convicted of a violation of any law of this or another state or of the United States related to the humane treatment of animals, including any rule promulgated under
s. 562.02 (1) (b) or
562.105.
562.05(5)(a)8.
8. The person has accepted public money to construct or operate a racetrack in Wisconsin. This subdivision does not apply to any racetrack operated in conjunction with a county fair.
562.05(5)(b)1.1. Except as provided in
subd. 4., if the applicant is a partnership,
par. (a) applies to the partnership and each partner of the partnership.
562.05(5)(b)1L.
1L. Except as provided in
subd. 4., if the applicant is a limited liability company,
par. (a) applies to the limited liability company and to each of its members.
562.05(5)(b)2.
2. Except as provided in
subd. 4., if the applicant is an association,
par. (a) applies to the association and each officer and director of the association.
562.05(5)(b)3.
3. Except as provided in
subd. 4., if the applicant is a corporation,
par. (a) applies to the corporation, each officer or director of the corporation and each owner, directly or indirectly, of any equity security or other ownership interest in the corporation.
562.05(5)(b)3m.
3m. Except as provided in
subd. 4., if the applicant for a license under
sub. (1) (c) is a corporation,
par. (a) applies to each officer and director of the corporation.
562.05(5)(b)4.
4. A restriction under
par. (a) 2. to
8. does not apply to a partnership, limited liability company, association or corporation if the board determines that the partnership, association, limited liability company or corporation has terminated its relationship with each individual whose actions directly contributed to the application of that restriction to the partnership, association, limited liability company or corporation.
562.05(5)(c)1.1. Every application for a license under
sub. (1) shall be accompanied by an affidavit which states that the applicant and any partner, member, officer, director and owner subject to
par. (a), as specified in
par. (b), and any other person with a present or future direct or indirect financial or management interest in the application, to the best of the applicant's knowledge, meets the qualifications under
par. (a).
562.05(5)(c)2.
2. Except as otherwise provided in this subdivision, if after the application for a license is made or a license is issued any new officer, director, partner, member or owner subject to
par. (a), as specified in
par. (b), or any other new person with a present or future direct or indirect financial or management interest in the application or license joins the applicant or licensee, the applicant or licensee shall, within 5 working days, notify the board of the change and provide the affidavit under
subd. 1. After an application for a license under
sub. (1) (a) or
(b) is made or after a license under
sub. (1) (a) or
(b) is issued, no ownership interest or right of ownership in the applicant or licensee may be transferred unless the applicant or licensee provides the affidavit under
subd. 1. for the proposed new owner and the proposed new owner is approved by the board. The board shall conduct the background investigations required under
sub. (7) of any new officer, director, partner, member, shareholder or proposed owner of an applicant or licensee named in a notice to the board under this subdivision.
562.05(6)
(6) Every application for a license to own and operate a racetrack or for a license to sponsor and manage a race shall include a statement setting forth the assets and liabilities of the applicant.
562.05(6m)(a)1.1. An application for an intertrack wagering license shall identify each licensee under
sub. (1) (b) on whose races the applicant proposes to conduct intertrack wagering and, except as provided in
subd. 2., shall be accompanied by a statement, signed by each licensee that is identified in the application, giving consent to the applicant to conduct intertrack wagering on all races that are simulcast by the licensee during the licensee's race meeting.
562.05(6m)(a)2.
2. A licensee under
sub. (1) (b) who signs a statement specified in
subd. 1. is considered to have given consent to all applicants for intertrack wagering licenses to conducting intertrack wagering on all races that are simulcast by the licensee during the licensee's race meeting, and no similar statements signed by that licensee need be filed by other applicants for intertrack wagering licenses who propose to conduct intertrack wagering on those races.
562.05(6m)(b)
(b) The board may not issue an intertrack wagering license unless the board determines that all of the following conditions are met:
562.05(6m)(b)2.
2. At least 250 race performances were conducted at the racetrack for which the applicant is licensed under
sub. (1) (a) or
(b) during the calendar year immediately preceding the year in which the applicant proposes to conduct intertrack wagering. The board may waive the requirement in this subdivision if the board determines that the waiver is in the public interest.
562.05(6m)(b)3.
3. Intertrack wagering will be conducted at the racetrack for which the applicant is licensed under
sub. (1) (a) or
(b) only as an adjunct to, and not in a manner that will supplant, wagering on live on-track racing at that racetrack, and intertrack wagering will not be the primary source of wagering revenue at that racetrack.
562.05(6m)(b)4.
4. The granting of the intertrack wagering license will not adversely affect the public health, welfare or safety.
562.05(6m)(c)
(c) In considering whether to grant an intertrack wagering license, the board shall give due consideration to the best interests of the public and to maximizing revenue to the state.
562.05(6m)(d)
(d) On each intertrack wagering license that the board issues, the board shall identify the racetrack at which intertrack wagering may be conducted, the times and number of days or specific dates, as determined by the board, during which intertrack wagering may be conducted, and the host track from which the simulcast of each race performance on which intertrack wagering may be conducted shall originate.
562.05(6m)(e)
(e) The board shall revoke an intertrack wagering license if the board determines that any of the following applies:
562.05(6m)(e)1.
1. Intertrack wagering is being conducted by the intertrack wagering licensee not as an adjunct to, but instead in a manner that supplants, wagering on live on-track racing at that racetrack.
562.05(6m)(e)2.
2. Intertrack wagering has become the primary source of wagering revenue at that racetrack.
562.05(7)(a)(a) Except as provided under
par. (ag), before the board issues a license under this section, the board, with the assistance of the department of justice, shall conduct a background investigation of the applicant for the license and of any of the following related to the applicant:
562.05(7)(a)2.
2. An association and each officer and director of the association.
562.05(7)(a)3.
3. A corporation, each officer or director of the corporation and each owner, directly or indirectly, of any equity security or other ownership interest in the corporation.
562.05(7)(ag)
(ag) Paragraph (a) applies to any person required under
s. 562.02 (1) (am) to have a license except for any person determined by the board under
s. 562.02 (1) (am) to require a license. Before the board issues a license to any person determined by the board under
s. 562.02 (1) (am) to require a license, the board may, with the assistance of the department of justice, conduct a background investigation of the applicant for that license and of any of the following related to the applicant:
562.05(7)(ag)2.
2. An association and each officer and director of the association.
562.05(7)(ag)3.
3. A corporation, each officer or director of the corporation and each owner, directly or indirectly, of any equity security or other ownership interest in the corporation.
562.05(7)(b)
(b) The board shall require any person subject to an investigation under
par. (a) to be photographed and fingerprinted on 2 fingerprint cards each bearing a complete set of that person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purpose of verifying the identity of that person and obtaining any record of that person's criminal arrests and convictions.
562.05(7)(bg)
(bg) The board may require any person subject to an investigation under
par. (ag) to be photographed and fingerprinted on 2 fingerprint cards each bearing a complete set of that person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purpose of verifying the identity of that person and obtaining any record of that person's criminal arrests and convictions.
562.05(8)(a)(a) The board may revoke or suspend a license for good cause after notice and hearing under
s. 227.44.
562.05(8)(b)
(b) The board shall permanently revoke the license of any licensee whom the board determines under
par. (a) has administered a medication or foreign substance to an animal in violation of
s. 562.09 (1).
562.05(8)(c)
(c) The board shall permanently revoke the license of any licensee who violates
s. 562.105.
562.05(9)(a)(a) Every license issued under
sub. (1) (b) or
(c) shall set forth the time and number of days, or the specific dates, during which racing may be conducted under that license, as determined by the board.
562.05(9)(b)
(b) A license under
sub. (1) (c) may authorize horse races on days on which the fair is conducted and for 2 additional periods not to exceed 5 days each. Either or both of the additional periods may be consecutive with the days on which the fair is conducted. In assigning race days and race times under this paragraph, the board shall consider the competitive effects on licensees under
sub. (1) (a) and
(b).
562.05(10)
(10) The board shall revoke the license issued under
sub. (1) (a) of any person who accepts any public money to construct or operate a racetrack in Wisconsin. This subsection does not apply to any racetrack operated in conjunction with a county fair.
562.05(11)
(11) In this section, "public money" means any direct or indirect gift, grant, financial assistance or guarantee by or from the federal government, state, any political subdivision of the state, or any authority or corporation authorized by the state to borrow funds for a public purpose.
562.052
562.052
Employes at racetrack. At least 85% of the individuals employed by a licensee under
s. 562.05 (1) (a) to
(c), or by a person providing services under a contract with such a licensee, who work at the racetrack where races are held pursuant to the license shall have been residents of this state for at least one year immediately before their employment at the racetrack.
562.052 History
History: 1987 a. 354.
562.056
562.056
Registration of greyhounds. No dog which is of the greyhound breed may be entered in a race on which pari-mutuel wagering is conducted unless the dog is registered with the national greyhound association of Abilene, Kansas.
562.056 History
History: 1987 a. 354;
1989 a. 31.
562.057
562.057
Simulcasting races; intertrack wagering. 562.057(1)(1) An intertrack wagering licensee may accept wagers on races that are conducted at 2 or more host tracks during the same race day with the approval of the board.
562.057(3)
(3) An intertrack wagering licensee is solely responsible for maintaining the pari-mutuel pools on the races on which the intertrack wagering licensee conducts intertrack wagering and for making all payouts on intertrack wagers. Each race performance on which intertrack wagering is conducted is considered a separate race day for purposes of
ss. 562.065 and
562.08.
562.057(4)
(4) Subject to
sub. (4m), the board may permit a licensee under
s. 562.05 (1) (b) to receive simulcast races from out-of-state racetracks, to conduct pari-mutuel wagering on those races and to commingle the licensee's wagering pools on those races with those of any out-of-state racetrack from which the licensee is permitted to receive simulcast races. The board may permit a licensee under
s. 562.05 (1) (b) to simulcast races to any out-of-state legal wagering entity, and to commingle the licensee's wagering pools on those races with those of any out-of-state legal wagering entity to which the licensee is permitted to simulcast those races.
562.057(4m)
(4m) The board may not permit a licensee under
s. 562.05 (1) (b) to receive simulcast races under
sub. (4) unless the board determines that all of the following conditions are met:
562.057(4m)(a)1.1. For a racetrack at which $25,000,000 or more was wagered during the calendar year immediately preceding the year in which the applicant proposes to conduct wagering on simulcast races, at least 250 race performances were conducted at the racetrack during that period.
562.057(4m)(a)2.
2. For a racetrack at which less than $25,000,000 was wagered during the calendar year immediately preceding the year in which the applicant proposes to conduct wagering on simulcast races, at least 200 race performances were conducted at the racetrack during that period.
562.057(4m)(b)
(b) Wagering on simulcast races will be conducted at the racetrack only as an adjunct to, and not in a manner that will supplant, wagering on live on-track racing at that racetrack, and wagering on simulcast races will not be the primary source of wagering revenue at that racetrack.
562.057(4m)(c)
(c) The conduct of wagering on simulcast races will not adversely affect the public health, welfare or safety.
562.057(5)
(5) The board shall promulgate rules administering
sub. (4).
562.057 Annotation
This section which permits simulcasting of races conducted at other racetracks to racetrack licensed by Wisconsin Racing Board, does not violate article IV, section 24 (5) of Wisconsin Constitution requiring "on-track" betting.
77 Atty. Gen. 299.
562.06
562.06
Minors on racetracks; wagering prohibited. 562.06(1)(1)
Admission. Except as provided under
subs. (2) and
(3), no person under the age of 18 years may be admitted to a racetrack, or a track located at a fair where there is racing, unless accompanied by a parent, grandparent, greatgrandparent, guardian or spouse who is at least 18 years of age, or unless accompanied by another person at least 18 years of age with the written permission of the minor's parent or guardian.
562.06(2)
(2) Employment. No person under the age of 16 years may be employed at a racetrack not at a fair. No person under the age of 16 years may be employed in any employment at a fair in any pari-mutuel wagering activity.
562.06(3)
(3) Day care. Nothing in this section prohibits a licensee from operating a day care area at a track if the day care area is licensed by the department of health and family services under
s. 48.65.
562.06(4)
(4) Placing a wager. No person under the age of 18 years may make a wager in any race or receive any payout on a wager.
562.06(5)
(5) Accepting a wager; making a payout. No licensee may knowingly accept a wager from any person under the age of 18 years or make any payout on a wager to any person under the age of 18 years.
562.065
562.065
Types of pools, payouts and allocations of amounts wagered. 562.065(1)(1)
Types of pools; purses. The board shall promulgate rules governing types of pari-mutuel pools that are permitted on races and the payment and allocation of purses for races.
562.065(2)
(2) Minimum wagers and payouts. The minimum wager which may be accepted by a licensee is $2. The minimum payout that a licensee may make on a wager is $2.20 on a $2 wager. A licensee may accept a $1 minimum wager on the outcome of a race having 3 or more wagering interests if the total amount wagered is at least $2.
562.065(3)(a)(a) Deduction. From the total amount wagered on all animals selected to win, place or show in a race, a licensee under
s. 562.05 (1) (b) and
(c) shall deduct 17% or an amount approved by the board under
s. 562.02 (1) (k) up to 20% and pay the balance, minus breakage, to winning ticket holders, except that for a multiple pool, the licensee shall deduct 23% or an amount approved by the board under
s. 562.02 (1) (k) up to 25% and pay the balance, minus breakage, to winning ticket holders. Nothing in this paragraph prohibits the licensee from retaining amounts wagered in multiple pools which are required to be paid to winning ticket holders if there are no winning ticket holders, for the sole purpose of paying these amounts to winning ticket holders of subsequent races.
