Wisconsin Administrative Code
Department of Administration [Gaming]
Chapter Game 5 - Licensure
Section Game 5.07 - Sponsorship and management licensing criteria
Universal Citation: WI Admin Code ยง Game 5.07
Current through August 26, 2024
The division may issue a license under s. 562.05(1) (b), Stats., if the division determines that the applicant meets all the requirements of ch. 562, Stats., and that on the basis of all facts before it:
(1) The applicant is fit to sponsor and manage racing.
(2) The race track will be operated in accordance with all applicable laws and rules.
(3) Issuance of a license will not adversely affect the public health, safety and welfare.
(4) In making the required determinations before licensure under s. 562.05(1) (b), 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) (b), 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, directors, 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 types and variety of pari-mutuel
horse or greyhound racing which applicant seeks to offer.
(c) The quality of physical improvements and
equipment proposed or existing applicant will use, including:
1. Race track or tracks.
2. Stabling.
3. Grandstand.
4. Detention barn.
5. Paddock, jockeys' and drivers' quarters
and equipment.
6. Totalisator
equipment.
7. Parking.
8. Access by road and public
transportation.
9. Perimeter
fence.
10. Other security
improvements and equipment.
11.
Starting, timing, photo finish, and photo-patrol or video equipment.
12. Division work areas.
13. Concessions areas.
14. Pari-mutuel management areas.
(d) Financial ability to sponsor
and manage pari-mutuel racing successfully, including:
1. Ownership and control of
structure.
2. Terms and conditions
of applicant's authorization to use facility.
3. Current financial condition.
4. Sources of equity and debt funds, amounts,
terms and conditions, and certainty of commitment.
5. Provision for cost overruns, non-receipt
of expected equity or debt funds, failure to achieve projected revenues, or
other financial adversity.
6.
Feasibility of financial plan.
(e) Status of necessary government approvals
and compliance with applicable statutes, charters, ordinances and
regulations.
(f) Management ability
of the applicant, including:
1. Qualifications
of managers, consultants and other contractors to manage pari-mutuel
racing.
2. Security
plans.
3. Plans for human and
animal health and safety.
4.
Marketing, promotion and advertising plans.
5. Plans for conducting racing.
6. Plans for purses.
7. Plans for conducting various types of
pari-mutuel wagering.
8.
Concessions plan.
9. Plans for
personnel training.
10. Plans for
equal employment and affirmative action.
(g) Whether applicant is also a licensee or
applicant for a license under s.
562.05(1) (a),
Stats., for the facility at which the applicant seeks a license under s.
562.05(1) (b),
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) (a),
Stats., for such 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) (b),
Stats.,:
1. Whether the applicant or any of
the applicant's officers or directors, or holders of 5% or more of the
ownership interest in the applicant is also an applicant for a license under s.
562.05(1) (b),
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 holders 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) (b),
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) (b),
Stats., for any other location in this state.
(i) Efforts to promote, develop and improve
the racing industry in Wisconsin and educate the public with respect to
pari-mutuel wagering.
(j) Economic
impact, including:
1. Employment
created.
2. Purchases of goods and
services.
3. Tax revenues
generated.
4. Any other indices
related to economic impact 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.
(k) Extent of public support or opposition to
racing and pari-mutuel wagering at the location sought to be licensed.
(L) 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.
(m) The division may consider any other
information which the division considers important or relevant to a proper
determination by the division.
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