562.04(1)(b)6.
6. Any person adversely affected by a decision issued under
subd. 4. may appeal that decision to the department. The appeal shall be filed with the department within 7 days after receipt of that written decision. An appeal does not automatically stay the decision of the stewards. Any person may request that the administrator stay that decision pending the decision of the department on the appeal. If the administrator receives such a request and determines that the stay will not adversely affect public safety or welfare or the safety or welfare of an animal, the administrator shall order the stay. The procedure for the appeal under this subdivision is under
ch. 227. If part or all of any forfeiture imposed under
subd. 5. is refunded to the licensee under this subdivision, the refund shall include interest calculated at the rate of 9% per year on that amount. The decision of the department on the appeal shall be the final administrative decision on any action of the stewards under
subd. 4.
562.04(2)
(2) Other racing officials. The department shall, by rule, specify all of the following:
562.04(2)(a)
(a) Racing officials, in addition to stewards, required for races conducted at a racetrack not at a fair.
562.04(2)(b)
(b) All racing officials, including stewards, required for races conducted under a license issued under
s. 562.05 (1) (c).
562.04(2)(c)
(c) Qualifications for stewards serving under
sub. (1) and for other racing officials serving under
pars. (a) and
(b).
562.04(2)(d)
(d) A fee for the supervision of racing by stewards or other racing officials employed by or under contract with the department. Any moneys received under this paragraph shall be credited to the appropriation accounts under
ss. 20.455 (2) (g) and
20.505 (8) (g).
562.045
562.045
Qualifications of administrator, other employees and stewards. Notwithstanding
s. 111.321, no person may serve as an administrator or other employee of the division of gaming or as a steward employed by the department or under contract with the department if any of the following apply:
562.045(1)
(1) The person has been convicted in a state or federal court of a felony, other than a felony conviction for an offense under
subs. (3) to
(6), for which he or she has not been pardoned under which his or her full civil rights are restored.
562.045(2)
(2) The person 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.
562.045(3)
(3) The person has been convicted of fraud or misrepresentation in connection with racing or animal breeding.
562.045(4)
(4) 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 any other form of gambling.
562.045(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 the humane treatment of animals.
562.045(6)
(6) The person has knowingly violated a rule or order of the department relating to pari-mutuel racing or any provision of this chapter,
s. 182.020 or
ch. 945.
562.05(1)(1) No person may engage in any of the following activities without a valid annual license issued by the department:
562.05(1)(a)
(a) The ownership and operation of a racetrack at which pari-mutuel wagering is conducted.
562.05(1)(b)
(b) The sponsorship and management of any race on which pari-mutuel wagering is conducted and which is not located at a fair.
562.05(1)(c)
(c) The sponsorship and management of any horse race on which pari-mutuel wagering is conducted and which is located at a fair.
562.05(1b)
(1b) The department shall approve and conduct an examination to be administered to all applicants for a license under
sub. (1) (d) to be a horse trainer. No license may be issued under
sub. (1) (d) to a horse trainer unless the department determines that the applicant for the license is qualified as evidenced by the applicant's performance on the examination conducted under this subsection.
562.05(1c)
(1c) If the applicant for a license under this section is an individual, the department may not issue or renew a license if the individual has not provided his or her social security number, unless the individual does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under
sub. (1e). If the applicant for a license under this section is not an individual, the department may not issue or renew a license if the person has not provided the person's federal employer identification number.
562.05(1e)
(1e) If an applicant for a license under this section is an individual who does not have a social security number, the applicant shall submit to the department with his or her application a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A license issued in reliance upon a false statement submitted under this subsection is invalid.
562.05(1g)
(1g) A license issued under
sub. (1) (a) may authorize the ownership and operation of a racetrack where horse racing is conducted, the ownership and operation of a racetrack not at a fair where dog racing is conducted or the ownership and operation of a racetrack not at a fair where both horse racing and dog racing are conducted. A license issued under
sub. (1) (b) may authorize the sponsorship and management of horse races or dog races, or both horse races and dog races, at the same location.
562.05(1m)
(1m) The department may not issue a license under
sub. (1) (a) to
(c) except after a public hearing.
562.05(2)
(2) The department shall establish, by rule, the qualifications for any license required under
sub. (1) and fix the fee for that license and any background investigation under
sub. (7) related to that license. Any moneys received under this subsection shall be credited to the appropriation accounts under
ss. 20.455 (2) (g) and
20.505 (8) (g).
562.05(2m)
(2m) In issuing a license to own and operate a racetrack not at a fair, the department shall consider the competitive effects on any other licensee under
sub. (1) (a) or
(b). These competitive effects shall include, but not be restricted to, the impact on the economic viability of existing licensed racetracks and the jobs that have been created by such licensed racetracks.
562.05(3)
(3) No person may hold more than one license issued under
sub. (1) (a) and one license issued under
sub. (1) (b) or
(c). If the applicant for any of those licenses is a corporation, association, limited liability company or partnership, the department shall determine whether the applicant is the same person as another licensee for the purpose of applying this subsection. Nothing in this subsection prohibits any person with a license under
sub. (1) from contracting for services with any other person with a license under
sub. (1), subject to any rules promulgated by the department.
562.05(3m)
(3m) The department may not accept an application for a license for a race under
sub. (1) (c) unless the county board of the county in which that race will be conducted has approved the applicant's sponsorship and management of that race.
562.05(3r)
(3r) The application for the first license under
sub. (1) (a) to be issued for any location shall be accompanied by a resolution, supporting the proposed location of the racetrack and its ownership and operation by the applicant, which has been adopted, after a public hearing, by the governing body of the city, village or town where the racetrack is proposed to be located. A common council may not adopt such a resolution if an ordinance prohibiting the location of a racetrack at the proposed location has been adopted under
s. 9.20 before May 3, 1988, or a petition for such an ordinance has been filed, under
s. 9.20, before May 3, 1988. Except as provided in this subsection, no ordinance adopted under
s. 9.20 or
66.0101 may prohibit the location of a racetrack in any city or village.
562.05(3w)
(3w) Except as provided under
subs. (3) to
(3r), the department may issue a license under
sub. (1) (a) if the department determines that all of the following conditions are met:
562.05(3w)(a)
(a) At least 51% of the ownership interest in the racetrack is held by residents of this state.
562.05(3w)(b)
(b) The license will not adversely affect the public health, welfare and safety.
562.05(3w)(c)
(c) The racetrack will be operated in accordance with applicable laws.
562.05(3w)(d)
(d) The applicant is qualified and financially able to operate a racetrack.
562.05(3wmr)
(3wmr) If the condition under
sub. (2m) is relevant to its decision, the department may consider secondary economic impacts of an applicant's proposal for a racetrack if the applicant proves by a preponderance of evidence that the alleged secondary impacts will enhance the success of the applicant's proposed racetrack and the location of the proposed racetrack would compliment existing development with the overall effect of increasing tourism and generating state revenues from out-of-state residents.
562.05(3wr)
(3wr) The first license issued to each applicant under
sub. (1) (a) for each racetrack expires after 5 years. Any subsequent license issued to the same applicant for that racetrack expires after one year.
562.05(3wt)
(3wt) In the first license issued to each applicant under
sub. (1) (a) for each racetrack, the department shall specify a date by which each of the types of racing authorized under the license shall begin at that racetrack. Upon request of the licensee, the department may change a specified date to an earlier or later date pursuant to rules of the department.
562.05(4)
(4) Any application for a license to sponsor and manage a race shall be accompanied by a bond, in an amount determined by the department, which shall be sufficient to guarantee the payment of fees, taxes and other money due, including animal owners' purses and payouts on winning wagers.
562.05(4m)
(4m) Except as provided in
sub. (4), the department may issue a license under
sub. (1) (b) if the department determines that all of the following conditions are met:
562.05(4m)(a)
(a) The license will not adversely affect the public health, welfare and safety.
562.05(4m)(b)
(b) The applicant will conduct races in accordance with applicable laws.
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 department by rule.
562.05(5)(a)6.
6. The person has knowingly violated a rule or order of the department relating to pari-mutuel racing 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)(a)9.
9. The person is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under
s. 59.53 (5) and relating to paternity or child support proceedings, as provided in a memorandum of understanding entered into under
s. 49.857.
562.05(5)(a)10.
10. The person is liable for delinquent taxes, as certified by the department of revenue under
s. 73.0301. Any person for whom a license is not issued under this paragraph for delinquent taxes is entitled to a notice under
s. 73.0301 (2) (b) 1. b. and a hearing under
s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.
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 department 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 department 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 department. The department 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 department 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 department may not issue an intertrack wagering license unless the department 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 department may waive the requirement in this subdivision if the department 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 department 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 department issues, the department shall identify the racetrack at which intertrack wagering may be conducted, the times and number of days or specific dates, as determined by the department, 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 department shall revoke an intertrack wagering license if the department 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 department issues a license under this section, the department, 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 department under
s. 562.02 (1) (am) to require a license. Before the department issues a license to any person determined by the department under
s. 562.02 (1) (am) to require a license, the department 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:
