(1) CRITERIA FOR
ELIGIBILITY. An application for a totalizator system license shall:
(a) Have a contract to provide a totalizator
system with an association; and
(b)
Provide the division evidence that the applicant has the experience and
expertise to operate a totalizator system at the race meeting at which the
applicant proposes to participate in Wisconsin racing. Such evidence shall
include but not be limited to a demonstration that the applicant can comply
with ch. Game 10.
(2)
LICENSE APPLICATION.
(a) An initial
application and subsequent renewal applications for a license to operate as a
totalizator system licensee in the state of Wisconsin shall be made on forms
furnished by the division.
(b) One
original and 7 copies of the application shall be filed at the division's
central office.
(c) Each license
issued pursuant to s. Game 10.09 expires on December 31st of the year it was
issued.
(d) An initial background
investigation fee of $5,000 is payable to the division at the time of filing
the application. Each subsequent application for a license shall not require a
background investigation fee unless substantial change of ownership consisting
of a transfer or sale of 5% or more of an ownership interest of the applicant
has occurred.
(e) An annual license
fee is payable to the division as follows:
1.
In the first calendar year that a racetrack is operating, the applicant shall
pay a license fee in the amount of $5,000 for each race track located in
Wisconsin at which the licensee intends to operate a totalizator
system.
2. In the case of renewals
of license, the applicant shall file a written acceptance with the division and
make payment of the required license fee. The amount of the license fee is
based upon the number of performances scheduled to be held at each racetrack at
which the applicant has been approved to operate a totalizator system. The fee
of $15.00 will be applied to each performance that the racetrack is
granted.
3. License fees required
by this paragraph are payable within 10 days after licensure.
(f) If circumstances change or
events occur after the filing of an application the applicant shall submit an
amendment to the division. Examples of such changes include, but are not
limited to, a change of corporate officers, and the signing of additional
contracts with associations.
Note: These forms may be obtained at the division's office at
2005 West Beltline Highway, Suite 201, Madison, Wisconsin 53708.
(3) TIME OF FILING AN
APPLICATION.
(a) Applications for a
totalizator system license shall be filed 60 days prior to the opening of the
racing meet at which the applicant seeks to participate.
(b) The division may, in its discretion upon
good cause shown, receive applications for a totalizator system license to
operate fewer than 60 days prior to the opening of a meet. Good cause means a
change in ownership of totalizator licensee; upgrading a totalizator; changes
in the financial position of a totalizator system licensee, such as but not
limited to the dissolution or bankruptcy of the totalizator system licensee; or
the impossibility of a licensee to furnish equipment for an upcoming race
meet.
(4) GROUNDS FOR
DENIAL OF AN APPLICATION. All licensure standards contained in subch. II of ch.
Game 13 shall apply to totalizator licenses.
(5) CHANGE OF OFFICERS OR DIRECTORS. Within
15 days after election, appointment or resignation of an officer or director of
a licensed totalizator system, the totalizator system licensee shall notify the
division in writing of the identity of each new or resigned officer or director
and shall file an amended application for each person.
(6) LICENSE DEEMED PERSONAL. Licenses to
operate totalizator systems are deemed personal in nature and non-transferable
and shall terminate upon a substantial change of ownership of the totalizator
company unless the division grants approval of the substantial change of
ownership. The sale or transfer of 5% or more of any ownership interest of a
totalizator company shall be considered a substantial change of ownership. In
acting upon a request for approval of a substantial change in ownership, the
division shall consider the same factors as it considers in the initial grant
of a totalizator system license to an applicant for a totalizator system
license.
