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(1m) The
board department may not issue a license under sub. (1) (a)
2to (c) except after a public hearing.
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(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).
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(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.
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(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.
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(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.
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(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:
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(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.
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(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.
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(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.
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(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:
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(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.
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(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.
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(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
.
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(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.
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(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: