Wisconsin Administrative Code
Department of Administration [Gaming]
Chapter Game 5 - Licensure
Section Game 5.06 - Ownership and operation licensing criteria
Universal Citation: WI Admin Code ยง Game 5.06
Current through August 26, 2024
The division may issue a license under s. 562.05(1) (a), Stats., if the division determines that the applicant meets all of the requirements under ch. 562, Stats., and that on the basis of all the facts before it:
(1) The applicant is qualified and financially able to operate a race track.
(2) At least 51% of the ownership interest in the applicant is held by one or more persons or entities who are residents of this state.
(3) The race track will be operated in accordance with all applicable laws and rules.
(4) The appropriate governing body has approved the race track location as required by s. 562.05(3r), Stats.
(5) The issuance of a license will not adversely affect the public health, safety and welfare.
(6) In making the required determinations before licensure under s. 562.05(1) (a), Stats., the division shall consider the following criteria and any other indices which it considers important or relevant to its determination of whether an applicant is qualified to hold a license under s. 562.05(1) (a), Stats., as long as the same indices are considered with regard to all applicants, including without limitation the following:
(a) The integrity of the applicant, its
partners, administrators, officers, policymakers, managers, owners, directly or
indirectly, of any equity security or other ownership interest in the
applicant, including:
1. Criminal
record.
2. Whether a party to
litigation over business practices, disciplinary actions over a business
license or permit or refusal to renew a license or permit, proceedings in which
unfair labor practices, discrimination, or government regulation of pari-mutuel
wagering was an issue or bankruptcy proceedings.
3. Failure to satisfy judgments, orders or
decrees.
4. Delinquency in filing
of tax reports or remitting taxes.
(b) The quality of physical improvements and
equipment proposed or existing in the applicants facility, including:
1. Race track or tracks.
2. Kennels and kennel compound.
3. Stables and stable area.
4. Detention barn.
5. Paddock.
6. Jockeys' and drivers' quarters.
7. Grandstand.
8. Totalisator equipment.
9. Parking.
10. Access by road and public
transportation.
11. Perimeter
fence.
12. Other security
improvements and equipment.
13.
Starting, timing, photo finish, photo-patrol or video equipment.
14. Division work areas.
15. Concessions areas.
16. Pari-mutuel management areas.
(c) The schedule for completion of
facility.
(d) The financial ability
of the applicant to develop, own, and operate a pari-mutuel facility
successfully, including:
1. Ownership and
control structure.
2. Amounts and
reliability of development costs.
3. Certainty of site acquisition or
lease.
4. Current financial
condition.
5. Sources of equity and
debt funds, amounts, terms and conditions, and certainty of
commitment.
6. Provisions for cost
overruns, non-receipt of expected equity or debt funds, failure to achieve
projected revenues or other financial adversity.
7. Feasibility of financial plan.
(e) The status of governmental
actions required by the applicant's facility, including:
1. Necessary road improvements.
2. Necessary public utility
improvements.
3. Required
governmental approvals for development, ownership and operation of the
facility.
4. Acceptance of any
required environmental assessment and preparation of any required environmental
impact statement.
(f)
The management ability of the applicant, including:
1. Qualifications of managers, consultants,
and other contractors to develop, own, or operate a pari-mutuel
facility.
2. Security
plan.
3. Plans for human and animal
health and safety.
4. Marketing
promotion and advertising plans.
5.
Concession plan.
6. Personnel
training plan.
7. Equal employment
and affirmative action plans.
(g) Whether applicant is also a licensee or
applicant for a license under s.
562.05(1) (b),
Stats., to manage and sponsor races at the facility for which the applicant
seeks a license under s.
562.05(1) (a),
Stats., and if not, whether the applicant has a valid agreement for the
sponsorship and management of races with another person who is licensed or an
applicant for a license under s.
562.05(1) (b),
Stats., for that facility.
(h) For
purposes of determining whether any applicant is attempting to circumvent the
prohibition against holding more than one license issued under s.
562.05(1) (a),
Stats.:
1. Whether the applicant or any of the
applicant's officers or directors, or any holder of 5% or more of the ownership
interest in the applicant is also an applicant for a license under s.
562.05(1) (a),
Stats., for any other location in this state.
2. Whether any entity in which the applicant
or any of the applicant's officers or directors, or any holder of 5% or more of
the ownership interest in the applicant, has an ownership interest of more than
5%, is also an applicant for a license under s.
562.05(1) (a),
Stats., for any other location in this state.
3. Whether any entity which is a parent
corporation of any holder of 5% or more of the ownership interest in the
applicant is also an applicant, for a license under s.
562.05(1) (a),
Stats., for any other location in this state.
(i) The compliance with applicable statutes,
charters, ordinances or regulations.
(j) The efforts to promote, develop and
improve the racing industry in Wisconsin and educate the public with respect to
pari-mutuel wagering.
(k) The
impact of facility, including:
1. Employment
created, purchases of goods and services, public and private investment and
taxes generated.
2. Ecological
impact.
3. Social impact.
4. Cost of public improvements.
5. Any other indices related to the impact of
the proposed facility which the division considers important or relevant to its
determination and which are not inconsistent with s.
562.05(2m) and (3wmr), Stats., as long as the same indices
are considered with regard to all applicants.
(L) The extent of public support or
opposition to racing and pari-mutuel wagering at the location sought to be
licensed.
(m) The effects of
competition, including:
1. Number, nature and
relative location of other licenses.
2. Minimum and optimum number of racing days
sought by the applicant.
3. Any
other indices relating to competitive effect which the division considers
important or relevant to its determination and which are not inconsistent with
s. 562.05(2m) and (3wmr), Stats., as long as the same indices
are considered with regard to all applicants.
(n) The division may consider any other
information which the division considers important or relevant to a proper
determination by the division.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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