Wis. Admin. Code Game — Department of Administration [Gaming]

Chapter Game 1 DEFINITIONS

Wis. Admin. Code § Game 1.01 Definitions {#sec-game-1.01 omnilex-key=us-wi-regs-official--agency-game--Game 1.01}

The following definitions shall apply in all rules adopted by the division of gaming unless otherwise indicated:

(1) “Administrator” means the administrator of the division.

(2) “Applicant” means a person or entity who files an application for a license from the division.

(3) “Association” means any corporation, partnership, association, entity or person licensed to sponsor or manage races under s. 562.05 (1) (b), (c) or (e), Stats.

(4) “Best efforts” means an active and serious attempt that is made in good faith, and goes beyond due diligence, to provide the information required to be disclosed.

(5) “Board” means the board of stewards.

(6) “Breakage” means the odd cents that the amount payable on each dollar wagered on a race exceeds a multiple of 10 cents.

(7) “Business day” has the meaning as defined in s. 421.301 (6), Stats.

(8) “Daily race program” means the association’s printed schedule of races, wagering pools and entries for each race performance.

(9) “Division” means the division of gaming.

(10) “Greyhound age” means the age of the greyhound that begins on the day it was whelped.

(11) “Host track” means a racetrack that conducts a race on which intertrack wagering is conducted.

(12) “Immediate family member” means a person’s parent, spouse, child or sibling or a person’s relative by marriage, lineal descent or adoption, receives, directly or indirectly, more than one-half of his or her support from the individual or from whom the individual receives, directly or indirectly, more than one-half of his or her support.

(13) “Intertrack wager” means a wager that is placed or accepted at a racetrack on a race that is conducted at, and simultaneously televised to the racetrack from, another racetrack.

(14) “Intertrack wagering licensee” means an entity that is licensed under s. 562.05 (1) (e), Stats.

(15) “Inquiry” means a board of stewards’ inquiry.

(16) “Multiple pools” means any pool of wagers on one or more races other than a pool of wagers in which each wager represents a wager to win, place or show.

(17) “Out-of-state legal wagering entity” means an entity that owns or operates a place located outside this state at which wagering on a race that is conducted in this state is authorized under the laws of the state or country in which the place is located.

(18) “Out-of-state racetrack” means a place outside this state at which a race is authorized by law to be held and at which pari-mutuel wagering on the race is authorized by law to be conducted.

(19) “Outs money” means any unclaimed prize money payable to winning ticket holders or the division under s. 562.065 (4), Stats.

(20) “Paddock” means the area racing greyhounds are brought to and kept prior to weigh-in and through the conclusion of any post-race testing or veterinary examination. The paddock area includes, but is not limited to, the scale, the review area, the lock-out kennel, testing areas and adjacent offices.

(21) “Parent corporation” means any corporation that has an ownership interest of 25% or more in another corporation.

(22) “Pari-mutuel” means a wagering system in which all persons who wager on any animal that finishes in any position for which wagers are taken in a race share the total amount wagered on the race minus any deductions from the wagers on that race required under s. 562.065, Stats.

(23) “Presiding officer” means a chief steward or presiding steward who conducts a meeting of the board of stewards.

(24) “Profit split” means the winning distributable pool paid out according to the amount wagered on each winning combination when there is more than one winning order of finish.

(25) “Race” means any animal race licensed under s. 562.05 (1), Stats.

(26) “Race day” means a 24-hour period ending at midnight during a race meet in which races are conducted.

(27) “Race meet” means that period of time for which the applicant has been issued a license under s. 562.05 (1) (b), Stats., by the division to sponsor and manage races on which pari-mutuel wagering is conducted including the periods of time during which an association has been granted division approval to simulcast races.

(28) “Race performance” means a minimum schedule of 13 races of either a matinee or evening program conducted on any race day.

(29) “Resident of this state” means for purposes of s. 562.05 (3w) (a), Stats.:

(a) Any individual who is and has been domiciled in this state for at least one year immediately prior to the filing of an application for a license under s. 562.05 (1) (a), Stats.

(b) Any corporation, partnership, association or other entity that is incorporated or otherwise formed in this state, has its principal place of business in this state, and is and has been actively doing business in this state for at least one year immediately prior to the filing of any application for a license under s. 562.05 (1) (a), Stats.

(30) “Serious violation” means for purposes of s. 562.05 (5) (a) 5, Stats., any violation that resulted in a sentence of a fine of $10,000 or more or imprisonment for 9 months or more, or both.

(31) “Single price pool” means the winning distributable pool paid out equally with respect to one winning order of finish.

(32) “Wagering revenue” means the total amount of money wagered minus the following deductions:

(a) Money returned to patrons.

(b) Taxes and fees paid to the division.

(c) Payments to host sites in exchange for the authorization to conduct simulcast wagering.

(d) Payments to providers of satellite decoders for the purpose of viewing simulcast races conducted at a host site.

(e) Purse payments made to kennel and greyhound owners.

(33) “Weight loser” means a greyhound identified by the division veterinarian that loses weight in excess of one and one-half pounds, while in the lock-out kennel.

(34) “Whelped” means the birth of the greyhound.

(35) “Working day” means a day in which the members of the board of stewards are regularly scheduled to work.

(36) “Year” means a calendar year.

History

• CR 03-070: cr. Register November 2003 No. 575, eff. 12-1-03.

Chapter Game 3 APPEALS, HEARINGS AND ENFORCEMENT PROCEEDING

Wis. Admin. Code § Game 3.01 Purpose {#sec-game-3.01 omnilex-key=us-wi-regs-official--agency-game--Game 3.01}

These rules shall apply to all hearings conducted by the department pursuant to ch. 227, 562 or 563, Stats., or Indian gaming compacts entered into pursuant to s. 14.035, Stats.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (intro.), r. (1) to (4), Register, November, 1999, No. 527, eff. 12-1-99.

Wis. Admin. Code § Game 3.02 Computation of time {#sec-game-3.02 omnilex-key=us-wi-regs-official--agency-game--Game 3.02}

The computation of time in computing any period of time prescribed in this chapter, including acts of default, shall be governed by s. 990.001 (4), Stats. Papers received by the division for filing after 4:30 p.m. shall be considered as filed the following day.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. Register, November, 1999, No. 527, eff. 12-1-99.

Wis. Admin. Code § Game 3.03 Request for hearing {#sec-game-3.03 omnilex-key=us-wi-regs-official--agency-game--Game 3.03}

(1) All requests for hearings:

(a) Shall be in writing;

(b) Shall contain an address and telephone number where the person requesting the hearing may receive service of documents relative to the hearing; and

(c) Shall set forth the reasons which support the request for hearing. The documents should take the form of a pleading in a civil case, where practicable.

(2)

(a) Requests for hearing from orders of the stewards suspending an occupation licensee, recommending denial or revocation of an occupation licensee, imposing a forfeiture on an occupation license or from orders of the stewards excluding an occupation licensee shall be instituted by filing a written request for a hearing no later than 7 days after notice of the suspension, forfeiture or exclusion has been communicated to the licensee. A request for hearing shall not stay enforcement of the decision of the stewards. If the party requesting the appeal desires that the administrator stay the decision of the stewards, the party shall specify in the request for stay the reasons supporting the issuance of the stay. The administrator shall decide whether to grant the stay within 48 hours of receipt of the request.

(b) The chief steward shall compile and review a copy of the transcript related to the stewards inquiry and other written materials on file with the division regarding the matter being appealed. The chief steward shall prepare a report of the chief steward’s review and file it with the administrator within 7 days of the division’s receipt of a request under this section.

(3) All other requests for hearing shall be instituted by filing a written request for hearing no later than 30 days after receipt of notice of the action of the department which gives rise to the right to a hearing.

(4) Requests for hearing may be filed in person or by certified mail to the division’s administrative office at 2005 W. Beltline Hwy., Suite 201, P. O. Box 8979, Madison, WI, 53708-8979. Requests submitted by certified mail shall be deemed timely if they are postmarked within the applicable time frame for filing an appeal.

(5) Any party appealing an action affecting the distribution of a purse shall serve all other owners of an animal in the race, as identified in the official program, with a copy of the request for hearing. A copy of such notices shall be filed with the request for hearing.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (1) (b), (c) and (2) to (4), Register, November, 1999, No. 527, eff. 12-1-99; CR 03-070: renum. (2) to be (2) (a), cr. (2) (b) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 3.04 Determination of parties and appearances {#sec-game-3.04 omnilex-key=us-wi-regs-official--agency-game--Game 3.04}

(1) Parties.

(a) The division, any person requesting a hearing pursuant to s. Game 3.03, and any person against whom a proceeding is initiated by the division shall be considered parties to the hearing for purposes of s. 227.53, Stats.

(b) Any other person may petition the department to be admitted as a party to the hearing. The department shall grant such a motion upon a determination that the movant has substantial interests to which the order of the department in the contested case will apply and affect.

(2) Appearances.

(a) A person who files a request for hearing need not be represented by an attorney.

(b) Except as provided in pars. (c) and (d) no one may appear before the department in a representative capacity except those licensed to practice law in Wisconsin or any other state.

(c) A partnership may be represented by any partner on behalf of the partnership.

(d) A corporation may be represented by an officer or director of the corporation.

(3) Service.

(a) Service of all documents and exhibits filed in connection with a hearing to be made part of the record shall be served on all parties as provided in s. 801.11, Stats., or by certified mail to last known address of the party or their attorney.

(b) No documents or exhibits shall be accepted or considered by the hearing officer or department unless they are admitted into evidence and served on all parties.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; correction in (1) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; am. (1) (a), (b), (2) (b) and (3) (b), Register, November, 1999, No. 527, eff. 12-1-99.

Wis. Admin. Code § Game 3.05 Conduct of hearings {#sec-game-3.05 omnilex-key=us-wi-regs-official--agency-game--Game 3.05}

Hearings shall be conducted in conformance with this chapter and, as to all aspects not specified in this chapter, or in conflict with ch. 227, Stats., in conformance with ch. 227, Stats.;

(1) Selection of hearing officer. The division shall request the appointment of a hearing officer within 45 days after receipt of a request under s. Game 3.03. The hearing officer shall be appointed pursuant to s. 227.43 or 227.46 (1), Stats. The hearing officer shall have all the powers and duties enumerated in ch. 227, Stats. In addition, a hearing officer appointed pursuant to this section may:

(a) Upon objection to the admissibility of evidence, receive the disputed evidence subject to a subsequent ruling by the department;

(b) Exclude evidence upon the hearing officer’s motion or motion of either party, but a party offering evidence that is ruled inadmissible shall be permitted to make a brief offer of proof with such ruling being subject to subsequent ratification by the department. Unless expressly overruled, such decision by the hearing officer shall be deemed ratified.

(2) Official notice. The department and hearing officer may take official notice of:

(a) The customs and usages of racing upon which pari-mutuel wagering is conducted; and

(b) Matters within its specialized knowledge and expertise.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (intro.) and (1) (a), r. (1) (a) 1., (c), (2) (a) to (c) and (3) (a) to (c), renum. (1) (a) 2. and 3. to be (1) (a) 1. and 2. and (1) (b) to be (2) and am. Register, November, 1999, No. 527, eff. 12-1-99; CR 03-070: am. (1) (intro.) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 3.06 Decisions {#sec-game-3.06 omnilex-key=us-wi-regs-official--agency-game--Game 3.06}

(1) Proposed decisions.

(a) In all cases in which a proposed decision is required by s. 227.46 (2), Stats., the hearing officer shall within 7 working days of the close of the presentation of evidence and arguments by the parties, prepare and submit to the department a proposed decision meeting the requirements of s. 227.46 (2), Stats. Within 24 hours of receipt of the decision the department shall serve on all parties a copy of the proposed decision. Each party adversely affected by the proposed decision shall, within 7 working days of receipt of the proposed decision, file any objections to the proposed decision in writing.

(b) In all other cases, unless otherwise directed by the administrator pursuant to written order upon appointment of a hearing officer, the department shall base its decision on the record certified to it by the hearing officer without a proposed decision as set forth in s. 227.46 (3) (b), Stats., subject to any rulings on motions or objections.

(2) Final decision. The department shall review the record in its entirety before rendering a decision.

(3) Contested decision. If a court of competent jurisdiction or any administrative hearing examiner holds any part of a decision to issue a license by the division pursuant to s. 562.05 (1) (a), (b), (c), (d) or (e), Stats., invalid or otherwise unenforceable, such holding shall not affect the validity of the remainder of the decision, unless this result is directed in the order of the court.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. Register, November, 1999, No. 527, eff. 12-1-99; CR 03-070: cr. (3) Register November 2003 No. 575, eff. 12-1-03.

Chapter Game 4 DUTIES AND RESPONSIBILITIES OF ASSOCIATIONS AND RACETRACK OPERATORS

Wis. Admin. Code § Game 4.01 Purpose {#sec-game-4.01 omnilex-key=us-wi-regs-official--agency-game--Game 4.01}

The purpose of this chapter is to identify the duties and responsibilities of associations and racetrack operators regarding the operation of a race meeting. The duties and responsibilities here are in addition to those set forth elsewhere in the division’s rules.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 4.02 Number of pari-mutuel races {#sec-game-4.02 omnilex-key=us-wi-regs-official--agency-game--Game 4.02}

For the purpose of pari-mutuel wagering all races are considered separate and distinct:

(1) Associations may request wagering on additional races. In acting on such requests, the division shall consider the effect of extra races on state revenue and on track and division employees, and the availability of greyhounds.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: r. (1), renum. (2) to be (1) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 4.03 Information/complaint window {#sec-game-4.03 omnilex-key=us-wi-regs-official--agency-game--Game 4.03}

Each association shall provide and clearly identify an information or complaint window where complaints may be made by members of the public. The association shall make available a current set of all division rules for public inspection during racing hours at every such window.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 4.04 Daily race programs {#sec-game-4.04 omnilex-key=us-wi-regs-official--agency-game--Game 4.04}

(1) Required information for daily race programs. The association shall cause all daily race programs to contain the following information:

(a) This race meet is conducted under that authority of a license issued by the Wisconsin division of gaming and pursuant to the rules and regulations adopted by the division.

(b) The Honorable _______________, Governor.

(c) Wisconsin Division of Gaming, 2005 West Beltline Highway, Suite 201, P.O. Box 8979, Madison, WI 53708-8979, (608) 270-2555.

(d) Wisconsin department of administration secretary.

(e) Wisconsin division administrator.

(f) Names and titles of:

1. Track officers.

2. Track officials.

3. Wisconsin division of gaming officials.

(g) The address and telephone number of the track facility.

(h) A prominent notice that there is an information window where complaints may be made by the public and copies of the Division of Gaming’s administrative rules viewed. Such notice shall specify the exact location of such windows.

(i) The location of facilities for individuals with disabilities.

(j) The location of the division’s office at the track facility.

(k) The location of photo finish pictures.

(L) The approximate payouts on different pari-mutuel odds.

(2) Daily race program to supply pari-mutuel information for patrons. Each association shall include in the daily race program sufficient information to advise the public and new racetrack patrons about the pari-mutuel system. This information shall include but not be limited to the following:

(a) Wagers are to be made by daily race program number.

(b) Tickets shall be retained until the stewards have declared the race official.

(c) Payouts are not permitted until the stewards have notified the pari-mutuel department of the official order of finish.

(d) The division has adopted detailed rules for occurrences such as dead heats or the failure of patrons to select the winning animals or combinations of finishing animals. Such rules are available for public inspection at the information windows and the office of the division located at the track.

(e) The period of time and procedures for uncashed tickets to be redeemed.

(f) The daily race program shall provide a page for the advertisement and dissemination of information regarding the racetrack’s adopt-a-greyhound program.

(g) The association shall make a good faith effort to ensure the accuracy of all information contained in the daily race program. All errors detected by the association after the printing of the daily race program has commenced shall be corrected by the association printing a corrected page for distribution with the daily race program, announcements of the error and correct information via a public address system, or both. The association shall obtain prior approval of the proposed daily race program from the division at least 15 days prior to the start of a new race meet or before formatting a new daily race program during the current race meet.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. Register November 2003 No. 575, eff. 12-1-03; CR 21-110: am. (1) (i) Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § Game 4.05 Approval of contracts {#sec-game-4.05 omnilex-key=us-wi-regs-official--agency-game--Game 4.05}

(1) Scope. This section applies to any contract for goods and services or both entered into by any person licensed by the division pursuant to s. 562.05 (1) (a) or (b), Stats., and any other person.

(2) Division approval.

(a) Any contract in excess of $10,000 per year for any goods or services or both shall be subject to approval by the division and submitted to the division for approval by the licensee. Such a contract shall not, as a matter of public policy, become effective and binding on the parties to the contract unless and until it has been approved by the division. Any contract not so approved shall be considered void as against public policy. Any person requesting division approval of a contract pursuant to this section shall provide the administrator a copy of the contract, which has been signed by all parties to the contract, within 15 days of execution.

(b) Any multiple contracts under $10,000 per year which the division finds are for same or substantially similar goods or services or both shall be deemed to be a contract requiring approval. Any multiple contracts deemed to be a contract requiring approval shall not be binding on the parties unless and until it has been approved by the division. Any contract or contracts not so approved shall be considered void as against public policy. If the division finds that the use of multiple contracts was to circumvent the requirements of this section, the parties thereto shall be subject to a forfeiture not to exceed $10,000 or suspension or revocation of licensure or both.

(c) Any amendment, alteration, addition or deletion of the terms of a contract previously approved by the division shall also be approved by the division. Such amendment, addition, alteration or deletion shall not, as a matter of public policy, become effective and binding on the parties until approved by the division. Any amendment, alteration, addition or deletion not so approved shall be considered void as against public policy. Any person requesting division approval of an amendment, alteration, addition or deletion shall provide the administrator a copy of the same, which has been signed by all parties, within 15 days of execution.

(d) Upon a determination, after a hearing pursuant to ch. Game 3, that a person, without division approval, has entered into a contract or amendment thereto governed by this section, whether the contract or amendment is oral or written, or has attempted to circumvent the requirements of this section by behaving as if a contractual agreement existed although not reduced to writing or otherwise not meeting all legal requirements for formation of a binding contract, shall be subject to a forfeiture not to exceed $10,000, and suspension or revocation of the license.

(3) Filing with the division. Any contract for any goods or services or both not in excess of $10,000 per year entered into by any person licensed by the division and any other person shall be filed with the division by the licensee within 15 days of the effective date of the agreement. Any amendment, alteration, addition or deletion thereto shall be filed with the division by the licensee within 15 days of the effective date of the amendment, alteration, addition or deletion. Any amendment, alteration, addition or deletion which makes the total value of any goods or services or both governed by the contract and amendment, alteration, addition or deletion to be in excess of $10,000 per year shall require division approval of both the original contract and amendment, alteration, addition or deletion as provided in this section. Failure to so obtain division approval by the licensee shall subject the licensee to the disciplinary procedures which may include license suspension or revocation or imposition of a forfeiture.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. (2) (a) to (c) and (3) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 4.06 Security and first aid requirements {#sec-game-4.06 omnilex-key=us-wi-regs-official--agency-game--Game 4.06}

(1) Security reports shall be filed with the division stewards by the association within 48 hours after the completion of each race performance.

(2) The association shall provide on site 24 hour security for the kennel compound during all times greyhounds are housed on the premises.

(3) The association shall provide a video monitoring system approved by the division which allows monitoring of the lockout kennel, the movement of the lead-outs and animals from the lockout kennel to the starting boxes, the final inspection of the greyhound’s equipment during inclement weather, the activities at the starting boxes and any other areas deemed necessary by the division.

(4) Each association shall equip and maintain adequate first-aid facilities and have in attendance during all performances a physician, licensed nurse or an ambulance attendant licensed pursuant to s. 256.15, Stats. or emergency medical technician licensed pursuant to s. 146.35, Stats.

(5) The association shall completely enclose the kennel compound with a chain link fence at least 6 feet high with an 8 foot clear zone around the outside perimeter.

(6) The association shall maintain triage supplies and medications, for use only by the division veterinarian or designee who is a licensed veterinarian for the emergency treatment of seriously ill or injured greyhounds. These supplies and medications are to be stored in the division veterinarian’s office.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (4), Register, July, 1990, No. 415, eff. 8-1-90; CR 03-070: am. (1), (2) and (6) Register November 2003 No. 575, eff. 12-1-03; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Game 4.07 Race track requirements {#sec-game-4.07 omnilex-key=us-wi-regs-official--agency-game--Game 4.07}

(1) Any race track operator or association making any change pertaining to the racetrack itself, or the erection or demolition of any structure or the remodeling of any structure which is to be used as a part of the facilities for conducting a race meeting must first receive the approval of the division, if such change, erection, demolition or remodeling causes a change in value in excess of $10,000.

(2) The association shall provide on the racetrack at least one curtain whose position has been approved by the division. The curtain shall be positioned so as not to distract or interfere with the greyhounds during the course of the race.

(3) The association shall provide an inside lure with an extendable arm. Every lure which is operated using electricity shall have an operational switch for the purpose of stopping the flow of electricity to lure located within 5 feet of the lure operator’s control unit and at one location within 20 feet of the racetrack surface. The association shall ensure that all persons present on the racetrack surface are aware of the location of the power switch and how to utilize the power switch. Furthermore, the association shall ensure that all power switches are in the off position when persons are working within 30 inches of the lure rail.

(4) The association shall provide a watering system for the track which provides adequate volume and pressure to provide uniform watering of the track surface.

(5) The association shall provide appropriate parking places for all division employees.

(6) The association shall provide on all tracks, a photo-finish camera which shall be installed as an aid to the stewards. However, in all cases, the camera is merely an aid and the decision of the stewards shall be final. The type of equipment used is to be approved by the division. Each association shall keep on file for one year after the close of the meeting film strips of each race for reference or reproduction upon request of the division. The association shall post all photo finish race pictures in a conspicuous place after the race.

(7) The association shall provide that crates in the lockout kennel shall all be at floor level and constructed of stainless steel, or a comparable impermeable material approved by the division, meeting the following size specifications: 3 feet wide, 4 feet deep and 4 feet high. The number of crates per kennel shall be approved by the division.

(8) The association shall provide that crates located in each kennel shall be constructed of stainless steel or a comparable impermeable material approved by the division, meeting the following size specifications: 3 feet wide, 4 feet deep and 3 feet high. The number of crates per kennel shall be approved by the division.

(9) The division shall approve all individually executed kennel contracts prior to the commencement of racing. Any contract not so approved shall be void as against public policy, and the kennel shall not be eligible to participate at the race meet.

(10) All kennel contracts shall contain the following clauses:

(a) “Each kennel licensed by the division shall permit unrestricted access to said kennel by the division and its designated representatives.”

(b) “Track management has discretionary power to place a kennel on probationary status by written notification at any time a kennel’s win record places it in the lowest 3 kennel positions during each of the 3 preceding months. A kennel can remove itself from probation by placing above 3 or more kennels in number of wins for any month during the next 3 months. Otherwise, track management has discretionary power to dismiss the kennel. The track must dismiss any kennel that has finished in the bottom 4 positions 2 out of the past 3 years and cannot re-book that kennel owner for 5 years. The Wisconsin gaming division may grant an exemption to this rule due to acts beyond the control of the parties which could not be avoided by the exercise of due diligence. Track management can dismiss a kennel for other causes only subject to appeal to the division.”

(c) “The kennel owner shall enter into a clearly defined, written agreement with the owners of all greyhounds included in the kennel to ensure that in the event such a greyhound is to be removed from the racetrack, unless the greyhound’s immediate destination is another racetrack, for racing purposes; or a breeding farm, for breeding purposes; or a greyhound pet placement program approved by _________________ (name of the track) and the Wisconsin gaming division, the greyhound shall be returned to the registered owner of the greyhound. Prior to receiving any greyhound’s registration paper from _______________ (name of the track) and/or removing any greyhound included in the kennel from the racetrack, the kennel owner or its designated representative shall sign a release form provided by _______________ (name of the track) specifically indicating; the destination of the greyhound; the method and date of transportation; and name of hauler.”

(11) The association shall provide that each starting box and loading area behind the starting box is covered by an overhead structure with the sides of the structure enclosed with a chain link fence or other means approved by the division and at least one gate for entering and exiting.

(12) Any association whose race dates include performances in any of the months of November through March shall provide a heated racing surface, heated sprint path, and heated and fully enclosed starting box approved by the division.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (7), (8) and (10) (b), cr. (10) (c), (11) and (12), Register, July, 1990, No. 415, eff. 8-1-90; CR 03-070: am. (3), (4), (9), (11) and (12) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 4.08 Purse structure {#sec-game-4.08 omnilex-key=us-wi-regs-official--agency-game--Game 4.08}

(1) The association shall submit at least 45 days prior to the first day of race meet the proposed purse distribution formula for approval by the administrator.

(2) The association shall pay all purse payments directly to the owner of the greyhound or, if a greyhound is leased, the purse shall be paid directly to the lessor and lessee of the greyhound as agreed in the lease affidavit on file with the association.

(3) No deductions from purse payments due a greyhound owner or kennel owner shall occur unless the greyhound owner or kennel owner consents in writing to the deduction.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. (2), cr. (3) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 4.09 Alternative use of facilities {#sec-game-4.09 omnilex-key=us-wi-regs-official--agency-game--Game 4.09}

No association or track operator shall use racetrack grounds or facilities for purposes other than authorized by these rules without first obtaining prior approval of the division.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 4.10 Fees {#sec-game-4.10 omnilex-key=us-wi-regs-official--agency-game--Game 4.10}

The association may, as determined by the division, be responsible for all reasonable costs incurred by the division payable to an outside agency, company, entity or individual other than division personnel, relative to tests of totalizator systems and all audits of any association or pari-mutuel book, record, document or other source of information.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 4.11 Operator responsibility {#sec-game-4.11 omnilex-key=us-wi-regs-official--agency-game--Game 4.11}

The racetrack operator who has contracted with an association licensed pursuant to s. 562.05 (1) (b), Stats., may be penalized as if they were the association, for any failure by the association to fulfill an obligation imposed by, or an action in violation of, ch. 562, Stats., or division regulations. In making this determination the division shall consider whether the operator knew, or by exercise of due diligence should have known of the violation; the ability of the operator to independently take action to avoid the violation, or, by virtue of the contractual relationship with the association, enforce any performance by the association necessary to avoid the violation.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 4.12 Inclement weather {#sec-game-4.12 omnilex-key=us-wi-regs-official--agency-game--Game 4.12}

An association shall obtain the approval of the stewards or administrator or designee prior to canceling any race due to inclement weather. The stewards shall order cancellation of the race performance or any portion thereof after consultation with the association management upon a determination that weather conditions pose a threat to the health of the greyhounds or personnel involved in the running of the race. Regulation fees are payable for all canceled race performances or portions thereof.

History

• Cr. Register, July, 1990, No. 415, eff. 8-1-90; CR 03-070: am. Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 4.13 Financial audit {#sec-game-4.13 omnilex-key=us-wi-regs-official--agency-game--Game 4.13}

Audits shall be completed by the association and delivered to the division.

(1) Each association shall have an annual audit performed at the close of the calendar year. This audit is to be performed in accordance with generally accepted accounting principles by an independent certified public accountant registered by the state of Wisconsin. The resulting audit report is to be prepared in accordance with the American Institute of Certified Public Accountants (AICPA) industry audit guide. The report shall also contain the auditor’s opinion regarding the financial statements taken as a whole, or an assertion to the effect that an opinion cannot be expressed. If the auditor expresses a qualified opinion, a disclaimer of opinion, or an adverse opinion, the reason therefore shall be stated.

(2) The latest audit report shall be filed with the division within 120 days of the end of the calendar year.

(3) A request for an extension of time to file an audit report shall be submitted in writing 7 days prior to the deadline for filing the audit report.

(4) A request for an extension of time to file an audit report shall only be granted when the auditor submits a signed statement verifying that the audit cannot be completed in the designated time due to circumstances beyond the control of the auditor and the association. The auditor’s statement shall also detail the circumstances that form the basis for the request.

History

• CR 03-070: cr. Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 4.14 Restricted areas {#sec-game-4.14 omnilex-key=us-wi-regs-official--agency-game--Game 4.14}

(1) The following areas on association grounds shall be considered restricted areas:

(a) Paddock, including lock-out kennel, division veterinarian’s office, paddock parking lot and other areas in which competing greyhounds may be held between weigh-in and the conclusion of live racing.

(b) Urine sample collection & processing area.

(c) Kennel compound.

(d) Racetrack surface, including starting boxes, totalizator board and all areas in between the paddock and racing surface where competing greyhounds may be located during live racing.

(e) Totalizator office.

(f) Money room & vault.

(2) Unless specifically prohibited, on-duty emergency, law enforcement and division personnel or designees shall have unrestricted access to all restricted areas.

(3) Only persons licensed by the division shall be present in a restricted area unless escorted by a representative of the division or a licensee with access to the restricted area.

(4) All licensees present in a restricted area shall be performing duties related to the individual’s license and shall be wearing the identification badge issued by the division.

(5) No person shall possess any animal except a greyhound while in a restricted area.

(6) Access to the following areas shall be restricted by the association in the following manner:

(a) No person licensed pursuant to s. Game 13.05 (1) (e), (g), or (h) 2., shall be present in the kennel compound.

(b) On a day in which live greyhound racing is scheduled, no person licensed pursuant to s. Game 13.05 (1), shall be present in the urine sample collection area unless the person is escorted by a division employee.

(c) On a day in which live greyhound racing is scheduled, persons not holding an occupational license issued by the division and persons licensed pursuant to s. Game 13.05 (1) (c), (e), (h) 1., 2., 3., or (i) shall not be present in the paddock or racetrack surface area from the conclusion of weigh-in until the last race.

(d) No person shall be present in the totalizator room unless the person possesses a license issued under s. Game 13.05 (1), and is designated by the totalizator company as having access or meets sub. (3).

(e) No person shall be present in the money room unless the person possesses a license issued under s. Game 13.05 (1), and is designated by the association as having access or meets sub. (3).

(7) Any licensee observing a violation of s. Game 4.14, shall immediately report the observation to the association security office and division.

History

• CR 03-070: cr. Register November 2003 No. 575, eff. 12-1-03.

Chapter Game 5 LICENSURE

Wis. Admin. Code § Game 5.01 Authority {#sec-game-5.01 omnilex-key=us-wi-regs-official--agency-game--Game 5.01}

Sections 562.02 (1) (a) and 562.05 (2), Stats., authorize the division to adopt rules relating to the issuance of and qualifications for a license to conduct racing and on-track pari-mutuel wagering activities.

History

• Cr. Register, May, 1990, No. 413, eff. 6-1-90.

Wis. Admin. Code § Game 5.02 Purposes {#sec-game-5.02 omnilex-key=us-wi-regs-official--agency-game--Game 5.02}

The purposes of this chapter are as follows:

(1) To ensure that the public health, welfare and safety is protected in relation to racing.

(2) To establish application and licensure criteria for the issuance of licenses to conduct activities relating to racing and pari-mutuel wagering.

(3) To ensure that the process for the issuance of licenses for activities relating to racing and pari-mutuel wagering is fair and equitable.

History

• Cr. Register, May, 1990, No. 413, eff. 6-1-90.

Wis. Admin. Code § Game 5.03 Time for filing and approval of applications for license {#sec-game-5.03 omnilex-key=us-wi-regs-official--agency-game--Game 5.03}

(1) Any person or entity wishing to own and operate a race track at which pari-mutuel wagering is conducted under s. 562.05 (1) (a), Stats., which person or entity has not previously been licensed, shall file an application as set forth in s. Game 5.04 with the division. The division may, in its discretion, determine that no applications for license pursuant to s. 562.05 (1) (a), Stats., will be accepted for any given period.

(2) Any person or entity wishing to sponsor or manage any race on which pari-mutuel wagering is conducted and which is not located at a fair under s. 562.05 (1) (b), Stats., which person or entity has not previously been licensed, shall file an application as set forth in s. Game 5.04 with the division. The division may, in its discretion, determine that no applications for license pursuant to s. 562.05 (1) (b), Stats., will be accepted for any given period.

(3) Promptly after an application has been filed, the administrator shall deliver the application to the division for review. After review and investigation of each application by the division and after each applicant has had the opportunity to make an oral presentation as provided in s. Game 5.14, the division shall, within 150 days of filing, make a final determination and ruling on each application.

History

• Cr. Register, May, 1990, No. 413, eff. 6-1-90; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; CR 03-070: am. (1) and (2) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 5.04 Application form and affidavit {#sec-game-5.04 omnilex-key=us-wi-regs-official--agency-game--Game 5.04}

(1) An applicant for a license under s. 562.05 (1) (a) or (b), Stats., shall file with the division an affidavit and application and any exhibits, in the form and manner prescribed by the division and on forms furnished by the division.

Note: Applications and related forms are available at the division’s office, P.O. Box 8979, Madison, WI 53708-8979, or by calling 608/270-2555.

(2) The applicant shall use best efforts, to provide all information required to be disclosed in the application. In the event an applicant is unable, despite best efforts, to provide the information required, the applicant shall fully explain and document to the satisfaction of the division, its inability to provide the information.

(3) The applicant shall provide only information relevant to disclosures requested by the division.

(4) Upon request of the division or its agents, the applicant shall provide copies of any documents used in the preparation of its application.

History

• Cr. Register, May, 1990, No. 413, eff. 6-1-90; CR 03-070: am. (1) Register November 2003 No. 570, eff. 12-1-03.

Wis. Admin. Code § Game 5.05 Application submission {#sec-game-5.05 omnilex-key=us-wi-regs-official--agency-game--Game 5.05}

An applicant for a license under s. 562.05 (1) (a) and (b), Stats., shall submit to the division’s office not later than the time and date specified in the application:

(1) All documents which are part of its application as a single assemblage and sequentially numbered, including exhibits, with each exhibit properly identified.

(2) In the event an applicant for the ownership and operation of a race track under s. 562.05 (1) (a), Stats., at a particular location is not also an applicant for a license under s. 562.05 (1) (b), Stats., for the same location, the applicant shall file as part of its application under s. 562.05 (1) (a), Stats., a true and correct copy of any agreements for the sponsorship and management of races to be conducted at such location with a person who is licensed or is an applicant for a license under s. 562.05 (1) (b), Stats., for that location.

(3) In the event an applicant for the sponsorship and management of any race under s. 562.05 (1) (b), Stats., at a particular location is not also an applicant for a license under s. 562.05 (1) (a), Stats., for the same location, the applicant shall file as part of its application under s. 562.05 (1) (b), Stats., a true and correct copy of any agreements for the sponsorship and management of any race with a person who is licensed or is an applicant for a license under s. 562.05 (1) (a), Stats., for that location.

(4) A letter of transmittal to the division executed with original signature, and 10 copies of the application.

(5) A cashiers or certified check payable to the division as a non-refundable application fee in the following amounts:

History

• Cr. Register, May, 1990, No. 413, eff. 6-1-90; correction in (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; CR 03-070: am. (intro.) and (4) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 5.06 Ownership and operation licensing criteria {#sec-game-5.06 omnilex-key=us-wi-regs-official--agency-game--Game 5.06}

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.

History

• Cr. Register, May, 1990, No. 413, eff. 6-1-90.

Wis. Admin. Code § Game 5.07 Sponsorship and management licensing criteria {#sec-game-5.07 omnilex-key=us-wi-regs-official--agency-game--Game 5.07}

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.

History

• Cr. Register, May, 1990, No. 413, eff. 6-1-90.

Wis. Admin. Code § Game 5.08 Assignment of race meetings {#sec-game-5.08 omnilex-key=us-wi-regs-official--agency-game--Game 5.08}

In determining the assignment of race meetings to licensees under s. 562.05 (1) (b), Stats., the division shall consider factors relating to the economic and practical feasibility of conducting race meetings at various tracks. Factors to be considered shall include, without limitation:

(1) The types and dates of race meets being held, both within and outside this state.

(2) The effects that various types of pari-mutuel racing have on one another.

(3) The quality of racing provided at various tracks.

(4) Past dates.

(5) Past performance of the licensee.

(6) Whether the licensee has complied with all applicable laws and rules relating to racing.

(7) Whether the assignment will maximize revenues to the state.

(8) Whether the assignment will adversely affect the public health, welfare and safety.

(9) Stability of dates.

(10) The stability of the racing circuit.

(11) The economic impact on the local community.

History

• Cr. Register, May, 1990, No. 413, eff. 6-1-90; CR 03-070: am. (1), cr. (11) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 5.09 Personal information and authorization for release {#sec-game-5.09 omnilex-key=us-wi-regs-official--agency-game--Game 5.09}

In an application for a license under s. 562.05 (1) (a) or (b), Stats., the applicant shall include the following with respect to each individual required to be identified in the application form, or otherwise required to be identified in the application form, or otherwise required to be identified by this chapter or s. 562.05 (5), Stats., as an applicant, partner, director, officer, or owner, directly or indirectly, of 5% of any equity security or other ownership interest in the applicant and such other individuals as shall be required by the division:

(1) Full name, business and residence addresses and telephone numbers, all previous residential addresses for the preceding 20 years or if less than 20 years at the current residence address, date of birth, place of birth, and 2 references.

(2) An authorization for release of personal information, in the form prescribed by the division, signed by the individual and providing that such individual:

(a) Authorizes a review by and full disclosure to any agent of the division or Wisconsin department of justice, division of criminal investigation of all records concerning the individual, relating to the information provided in the application form, whether the records are public, non-public, private or confidential.

(b) Recognizes the information reviewed or disclosed may be used by the state of Wisconsin, its employees, the division staff and agents of the division, to determine the signer’s qualifications for a license under s. 562.05 (1) (a) or (b), Stats.

(c) Releases authorized providers and users of the information from any liability under state or federal data privacy laws.

History

• Cr. Register, May, 1990, No. 413, eff. 6-1-90; CR 03-070: am. (1) and (2) (a) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 5.10 Clarification of license application requirements {#sec-game-5.10 omnilex-key=us-wi-regs-official--agency-game--Game 5.10}

The administrator or administrator’s designee shall clarify license application requirements upon the written request of an applicant or potential applicant. The administrator may consult counsel, staff or members of the division, but shall respond to clarification requests promptly upon the receipt of the request, either orally or in writing. Interpretations of application requirements by any other person shall not be binding on the division.

History

• Cr. Register, May, 1990, No. 413, eff. 6-1-90; CR 03-070: am. Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 5.11 Changes in license applications {#sec-game-5.11 omnilex-key=us-wi-regs-official--agency-game--Game 5.11}

(1) An applicant shall furnish written notification to the division of any material change in the information originally submitted in its application. This notification shall be made within 5 days following the event of such change and provide details to the degree of specificity required in the application.

(2) Notwithstanding an applicant’s timely notification of a material change in the information submitted in its application, the division may refuse to consider any substantive amendment to an application after the initial submission of the application, provided, however, that nothing shall prevent the division from considering amendments to an application which are made by the applicant under s. 562.05 (5) (b) 4., Stats.

History

• Cr. Register, May, 1990, No. 413, eff. 6-1-90.

Wis. Admin. Code § Game 5.12 Additional information {#sec-game-5.12 omnilex-key=us-wi-regs-official--agency-game--Game 5.12}

The division may require any additional information it considers necessary or relevant from any applicant to clarify, support, or otherwise explain information contained in the applicant’s application under s. 562.05 (1) (a) or (b), Stats., for the purpose of ruling on a license application.

History

• Cr. Register, May, 1990, No. 413, eff. 6-1-90.

Wis. Admin. Code § Game 5.13 Investigation fee for licenses {#sec-game-5.13 omnilex-key=us-wi-regs-official--agency-game--Game 5.13}

An applicant for a license under s. 562.05 (1) (a) or (b), Stats., shall submit to the division, at the time of application, a certified check or bank draft payable to the order of the division in the amount of $10,000 to cover the costs of the investigation mandated by s. 562.05 (7) (a), Stats. If costs of the investigation exceed $10,000, the applicant shall remit the amount of the difference by certified check or bank draft within 10 days after receipt of an invoice from the division. An individual or other entity which is simultaneously applying for licenses under both s. 562.05 (1) (a) and (b), Stats., for the same location, shall submit one $15,000 investigation fee. If costs of the investigation exceed $15,000, the applicant shall remit the amount of the difference by certified check or bank draft within 10 days after receipt of an invoice from the division.

History

• Cr. Register, May, 1990, No. 413, eff. 6-1-90.

Wis. Admin. Code § Game 5.14 Oral presentation by applicant {#sec-game-5.14 omnilex-key=us-wi-regs-official--agency-game--Game 5.14}

The division shall provide the applicant for a license under s. 562.05 (1) (a) or (b), Stats., an opportunity to make an oral presentation of its application to the division prior to the division ruling on the application. The presentation shall be made by an applicant, under oath, at a session of the division. The presentation shall be limited to the information contained in the applicant’s application. The division is not required to afford an applicant more than one opportunity to make an oral presentation on the same application prior to a division determination, provided, however, the division may require an applicant to appear before the division to clarify or otherwise respond to questions concerning the application as a condition to the issuance of a license.

History

• Cr. Register, May, 1990, No. 413, eff. 6-1-90.

Wis. Admin. Code § Game 5.15 Delay in completion of race track facility {#sec-game-5.15 omnilex-key=us-wi-regs-official--agency-game--Game 5.15}

Failure of a licensee under s. 562.05 (1) (a), Stats., to begin the types of racing authorized under the license as specified by the division under s. 562.05 (3wt), Stats., shall be cause for the license to be void as provided in s. 562.05 (3wt), Stats. The division may re-specify a later date for the commencement of the types of racing authorized and determine that the license shall not be void if the licensee proves that any delay arose out of causes beyond the control and without the fault of negligence of the licensee, its contractors and subcontractors. Such causes may include, but are not restricted to, acts of God or enemies of the United States, acts of government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the delay shall be beyond the control and without fault or negligence of the licensee, its contractors and subcontractors. If the cause of delay is the default of a contractor or subcontractor and if the licensee proves to the satisfaction of the division that the default arose out of causes beyond the control of the licensee, its contractors and subcontractors, the license shall not be void unless the supplies or services to be furnished by the contractor or subcontractor were obtainable from other sources in sufficient time to permit the licensee to meet the completion date.

History

• Cr. Register, May, 1990, No. 413, eff. 6-1-90.

Wis. Admin. Code § Game 5.16 Contracts with a licensee; approval by division {#sec-game-5.16 omnilex-key=us-wi-regs-official--agency-game--Game 5.16}

(1) Any contract in excess of $10,000 per year for the provision of goods and services, including but not limited to concession contracts, entered into by any licensee under s. 562.05 (1), Stats., shall be subject to the approval of the division. The division shall determine whether the contract may affect the integrity of pari-mutuel racing. Until approved by the division, the contract is not valid or binding on any licensee under s. 562.05 (1), Stats. The division shall, within 45 days after submission of a contract to the division, approve or disapprove the contract and if not acted upon by the division within 45 days after submission, the contract shall be considered approved by the division, unless additional information regarding the contract is requested by the division and action is taken within 30 days of the date of receipt of the additional information. In making a determination that a contract may affect the integrity of racing, the division may consider such factors as it considers relevant including without limitation:

(a) The value and duration of the contract.

(b) The extent to which the contractor will be on the premises of the licensee.

(c) The relationship of the contract to the general security of a facility including opportunity for contact between the contractor and race animals, occupational licensees, or patrons.

(d) Opportunity for the contractor to influence the management and conduct of pari-mutuel racing.

(e) Contact with admission, pari-mutuel or concession money.

(f) Whether the division has reason to believe that the contractor is incompetent, financially irresponsible, or not of good character.

(2) Any contract for $10,000 per year or less for the provision of goods and services, including but not limited to concession contracts, entered into by any licensee under s. 562.05 (1), Stats., shall be filed with the division.

(3) A licensee under s. 562.05 (1), Stats., for a particular location may not receive services from another person or entity at such location, if the performance of the services by that person or entity requires a license under s. 562.05 (1), Stats., unless that person or entity is licensed to provide those services at that particular location.

(4) In the event any licensee under s. 562.05 (1), Stats., takes actions or otherwise receive goods and services pursuant to any contract which has not been approved or filed as provided in sub. (1) or (2), or which is not permitted as provided in sub. (3), the division may suspend or revoke the license held by the licensee.

History

• Cr. Register, May, 1990, No. 413, eff. 6-1-90; CR 03-070: am. (1) (intro.) and (2) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 5.17 Transfers of licenses {#sec-game-5.17 omnilex-key=us-wi-regs-official--agency-game--Game 5.17}

A license issued under s. 562.05 (1) (a) or (b), Stats., is for the benefit of the licensee only, and is applicable only to the location for which the license is issued. The license may not be sold or otherwise transferred and shall terminate upon a substantial change of ownership of the licensee, unless the division has granted prior written approval of the substantial change. The sale, pledge, encumbrance or other transfer of 5% or more of the equity securities or other ownership interest of a partnership, association or corporation holding a license under s. 562.05 (1) (a) or (b), Stats., shall be considered a substantial change of ownership. Any request for approval of a substantial change in ownership shall contain, where applicable, the same information about the proposed transferee as is required to be furnished under s. Game 5.04. Upon receipt of all information required by the division with regard to a proposed substantial change in ownership, the division shall, within 60 days, make a determination whether to authorize and approve the substantial change in ownership of a licensee.

History

• Cr. Register, May, 1990, No. 413, eff. 6-1-90; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471.

Wis. Admin. Code § Game 5.18 Acceptance and payment of license fee {#sec-game-5.18 omnilex-key=us-wi-regs-official--agency-game--Game 5.18}

When the division approves an application for license under s. 562.05 (1) (a) or (b), Stats., or renewal of a license and notifies the applicant of its approval, setting forth the effective date of the license, the dates by which each type of racing shall commence and, if applicable, the number and dates of race performances authorized, the applicant shall, within 10 days after the receipt of the division’s notice of approval, file a written acceptance with the division and make payment of the required license fee. The fee shall be payable to the division by certified check or bank draft in the amount required as follows:

(1) A non-refundable fee of $300,000 for an initial 5 year license issued for any location under s. 562.05 (1) (a), Stats., as provided in s. 562.05 (3wr), Stats., payable $100,000 upon the filing of written acceptance of the license and $50,000 on or before January 10 of each of the 4 calendar years thereafter commencing on January 10 of the calendar year immediately following the year in which the license under s. 562.05 (1) (a), Stats., is first issued.

(2) An annual non-refundable fee of $50,000 for a license issued for any location under s. 562.05 (1) (a), Stats., as provided in s. 562.05 (3wr), Stats., payable upon the filing of written acceptance of the license for each race year following the initial 5 year license period.

(3) An annual non-refundable fee equal to $125 times the number of race performances authorized in a license issued under s. 562.05 (1) (b), Stats., payable upon the filing of written acceptance of the license.

(4) Failure to comply with the 10 day period for license acceptance and submission of appropriate license fees or to otherwise make payment of license fees when due, shall cause the application for license to be considered withdrawn and of no effect or the license to be suspended or revoked.

History

• Cr. Register, May, 1990, No. 413, eff. 6-1-90.

Wis. Admin. Code § Game 5.19 Validity of application information {#sec-game-5.19 omnilex-key=us-wi-regs-official--agency-game--Game 5.19}

False or misleading information, omission of required information, or substantial deviation from representations in the application for license under s. 562.05 (1) (a) or (b), Stats., is cause for denial, revocation or suspension of a license or imposition of a fine as provided in s. 562.13, Stats.

History

• Cr. Register, May, 1990, No. 413, eff. 6-1-90.

Wis. Admin. Code § Game 5.20 Enforcement of rules {#sec-game-5.20 omnilex-key=us-wi-regs-official--agency-game--Game 5.20}

Each licensee under s. 562.05 (1) (a) and (b), Stats., has a duty to comply with the rules of the division at all times and acknowledge that the rules are a condition under which the licenses are granted.

History

• Cr. Register, May, 1990, No. 413, eff. 6-1-90.

Wis. Admin. Code § Game 5.21 Construction, expansion, reduction, alteration, or modification of proposed or existing facility {#sec-game-5.21 omnilex-key=us-wi-regs-official--agency-game--Game 5.21}

No licensee under s. 562.05 (1) (a) or (b), Stats., may construct, expand, reduce, alter, or otherwise modify an existing or proposed race track facility after a license has been issued under s. 562.05 (1) (a) or (b), Stats., for that facility, which would result in an increase or decrease of $10,000 per year or more in the development costs of the facility as proposed at the time the license was granted or which would cost in excess of $10,000 per year at an existing facility, without the prior approval of the division. If a licensee fails to obtain the required approval, the division may revoke or suspend the licensee’s license and impose a fine under s. 562.13, Stats.

History

• Cr. Register, May, 1990, No. 413, eff. 6-1-90; CR 03-070: am. Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 5.22 Bond requirements for licensing {#sec-game-5.22 omnilex-key=us-wi-regs-official--agency-game--Game 5.22}

(1) The division may require an applicant for a license under s. 562.05 (1) (a), Stats., to file with the division as a condition of licensure, a bond payable to the division in an amount sufficient to guarantee the proposed costs of development of the facility sought to be licensed under s. 562.05 (1) (a), Stats. This bond shall be executed by the applicant and a surety company or companies licensed to do business in this state, and conditioned upon the completion of the facility as proposed by the applicant, subject to any reduction or modification approved by the division pursuant to this section.

(2) An applicant for a license to sponsor and manage a race under s. 562.05 (1) (b), Stats., shall file with the division at the time the applicant files its application, a bond payable to the division in an amount determined by the division equal to the total monthly dollar amount estimated to be paid by the association related to fees, taxes and other money due, including animal purses, operations of the adopt-a-greyhound program, unclaimed prizes, and pay-outs on winning wagers or other amounts payable pursuant to the provisions of ch. 562, Stats. The division may require the applicant to amend the amount of the bond prior to the commencement of the race meet in which the applicant was licensed under s. 562.05 (1) (b), Stats. The amount of the bond will not exceed the estimated total financial liability of the applicant throughout the race meet for which the license under s. 562.05 (1) (b), Stats., is requested, as determined by the division. The bond shall be executed by the applicant and a surety company or companies authorized to do business in this state, and conditioned on the payment by the licensee under s. 562.05 (1) (b), Stats., of all fees, taxes and other money due, including animal owner’s purses, operations of the adopt-a-greyhound program, unclaimed prizes, and pay-outs on winning wagers or other amounts payable pursuant to the provisions of the ch. 562, Stats.

History

• Cr. Register, May, 1990, No. 413, eff. 6-1-90; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; CR 03-070: am. (2) Register November 2003 No. 575, eff. 12-1-03.

Chapter Game 6 CRITERIA FOR GRANTING LICENSES AND DETERMINING RACING DATES

Wis. Admin. Code § Game 6.01 Purpose {#sec-game-6.01 omnilex-key=us-wi-regs-official--agency-game--Game 6.01}

Pursuant to s. 562.05 (9) (a), Stats., the division shall annually determine the time and number of days, or the specific dates, during which racing may be conducted under a license granted by the division.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 6.02 Procedure {#sec-game-6.02 omnilex-key=us-wi-regs-official--agency-game--Game 6.02}

The determination set forth in s. Game 6.01 shall be made subsequent to the annual granting of licenses pursuant to s. 562.05 (1) (b) or (c), Stats. This determination shall not constitute a contested case pursuant to ch. 227, Stats.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471.

Wis. Admin. Code § Game 6.03 Criteria for award of dates {#sec-game-6.03 omnilex-key=us-wi-regs-official--agency-game--Game 6.03}

In making the determination pursuant to s. Game 6.01, the division shall consider factors relating to the economic and practical feasibility of conducting race meetings at various tracks. Factors to be considered shall include without limitation: the types and dates of race meetings being held elsewhere, both within and outside this state; the effects that various types of pari-mutuel racing have on one another; the quality of racing provided at various tracks; past dates; past performance of the licensee; whether the licensee has complied with all applicable laws and rules relating to racing; whether the assignment will maximize revenues to the state; whether the assignment will adversely affect the public health, welfare and safety and stability of dates and of the racing circuit; and the economic impact on the community where the race meeting is being held.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471.

Wis. Admin. Code § Game 6.04 Amendment of opening date {#sec-game-6.04 omnilex-key=us-wi-regs-official--agency-game--Game 6.04}

Upon request of a person licensed pursuant to s. 562.05 (1) (a), Stats., the division may amend the date by which each type of racing authorized is to begin. In making this determination, the division shall consider, but not be limited to, the reason for this determination, the good faith efforts of the licensee, and effect on state revenue.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Chapter Game 7 GREYHOUND RACING

Wis. Admin. Code § Game 7.01 Purpose {#sec-game-7.01 omnilex-key=us-wi-regs-official--agency-game--Game 7.01}

The purpose of this chapter is to ensure that race meetings held in Wisconsin are of the highest quality and free from practices which are corrupt, incompetent, dishonest or unprincipled and maintain the appearance as well as the fact of complete honesty and integrity of pari-mutuel racing.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 7.02 Registration {#sec-game-7.02 omnilex-key=us-wi-regs-official--agency-game--Game 7.02}

(1) The national greyhound association shall be recognized as the official breeding registry of all greyhounds. No trainer or association shall allow any greyhound to be entered, permitted to race or schooled at any racetrack licensed by the division unless properly registered by the national greyhound association of Abilene, Kansas.

(2) No person may enter a greyhound unless it has been tattooed and registered in the national greyhound association stud book.

(3) A certificate of registration for each greyhound shall be filed with the racing secretary by the trainer or kennel owner along with the greyhound’s most recent 4 performance lines, except for maidens, which shall contain the greyhound’s most recent 2 performance lines, if the maiden has officially schooled or started. All greyhounds shall meet the requirements of s. Game 7.06 (4) (f).

(4) Any change in any ownership or leasehold interest in any greyhound at any race meet shall immediately be registered and recorded with the division by the trainer, lessee or owner. Such change shall immediately be reported to the stewards and racing secretary by the new ownership interest and shall be accompanied by a copy of the documents effecting such transfer.

(5) The lessee of the greyhound shall file an affidavit with the racing secretary attesting to the terms of the lease agreement between the lessee and lessor.

(6) No owner of a greyhound shall have greyhounds in more than 3 kennels at any given racetrack.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (3), Register, July, 1990, No. 415, eff. 8-1-90; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; CR 03-070: am. (3), (5) and (6) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 7.03 Schooling {#sec-game-7.03 omnilex-key=us-wi-regs-official--agency-game--Game 7.03}

(1) Only schooling races meeting the following requirements shall be considered official by the division:

(a) An official schooling race shall not be conducted unless at least 2 stewards, or a racing official designated by the presiding steward, are present 30 minutes before the start of the race and during the race.

(b) Each association shall provide a photo-finish camera approved by the division to be in operation at all official schooling races.

(c) All schooling shall be at a distance not less than 5/16 of a mile.

(d) Each official schooling race shall consist of at least 6 greyhounds. However, if less than 6, the animals may be schooled with the permission of the stewards.

(e) All greyhounds in official schooling races shall be raced at their established racing weight and started from the starting box wearing racing blankets and muzzles.

(2) Procedures for schooling.

(a) Any greyhound that has not raced for a period of 10 racing days or more shall be officially schooled at least once to the satisfaction of the stewards before being eligible for entry. Any greyhound that has not raced for a period of 31 calendar days or more shall be officially schooled at least twice to the satisfaction of the stewards before being eligible for entry.

(b) Hand schooling shall not be considered official.

(c) Any greyhound may be ordered on the schooling list by a majority of the stewards at any time for good cause and shall be schooled officially before being allowed to enter a race.

(d) Each association shall provide unofficial schooling at least 2 times per week, weather permitting, for a minimum of 2 hours per session.

(e) Each association shall provide official schooling at least 2 times per week, weather permitting.

(f) Only greyhounds permanently kenneled in the compound shall be schooled, except for greyhounds entered in open stakes.

(g) No greyhound kenneled in the compound or registered with the racing secretary shall be permitted to be schooled at a facility other than a racetrack licensed by the division.

(h) No charge shall be imposed for conducting schooling races upon any kennel under contract with the association.

(i) Each association shall provide unofficial schooling at least 2 times per week, weather permitting, for a minimum of 2 hours per session.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. (2) (a), cr. (2) (g) to (i) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 7.04 Qualifying time {#sec-game-7.04 omnilex-key=us-wi-regs-official--agency-game--Game 7.04}

(1) Each association shall establish a qualifying time for its 5/16 mile distance and inform the stewards in writing of this time prior to the first day of the race meet.

(2) Any change in the qualifying time established during the course of the race meeting shall be reported in writing to the stewards.

(3) Any greyhound that fails to meet the qualifying time as established shall not be permitted to enter.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 7.05 Grading system {#sec-game-7.05 omnilex-key=us-wi-regs-official--agency-game--Game 7.05}

(1) Grade classifications.

(a) The racing secretary shall be responsible for the proper grading of greyhounds under provisions of this section. Before the first day of a race meet the racing secretary, after sufficiently schooling all greyhounds and considering their past performances, shall classify and assign greyhounds to proper grades.

(b) The racing secretary shall use the following 6 grades; A, B, C, D, E and M.

(c) Grade M refers to maiden classification which indicates a greyhound has not won an official race at a pari-mutuel racetrack supervised by a regulatory agency and is under the age of 24 months. On the last race day of the month in which a greyhound reaches the age of 24 months, maidens shall be graded to grade E.

(d) A greyhound that falls in a race shall be considered a starter. However, a greyhound shall not be considered a starter if the start would result in the greyhound being graded off, but in this event the greyhound shall be considered a starter for purposes of pari-mutuel wagering.

(e) For a greyhound that transfers to the racetrack from another racetrack during a race meeting, the racing secretary shall assign the grade held by the greyhound at the time of the transfer or the equivalent grade of such track, depending on the previous track’s grading system, or the next 2 grades higher or lower.

(f) The racing secretary may re-grade a greyhound at anytime within its first 3 starts, but not more than one grade higher or lower.

(g) A greyhound that has advanced from grade M and has been dropped from further racing without winning another official start may be re-qualified after a period of 30 days. Upon requalification the greyhound shall be placed in grade E by the racing secretary.

(h) Greyhounds not racing because of illness or injury for 30 days or more may be re-graded.

(i) All stakes races shall be indicated by the letter “S” and the grade.

(j) The racing secretary may form races of a distance of 3/8 of a mile or greater from 2 consecutive grades, not to include maiden. The races shall be designated by the letter “T” and the grade designation of the highest of the 2 grades and shall pay a purse consistent with the higher grade.

(2) Advance in grade.

(a) The racing secretary shall advance a greyhound that wins a maiden race to grade E. A greyhound that wins a maiden race may be entered in grade D at the request of the trainer and with the approval of the racing secretary.

(b) The racing secretary shall advance a greyhound that wins a race one grade until reaching grade A.

(c) On request by a kennel owner or trainer, the racing secretary may advance a greyhound that finishes second, third or fourth in a maiden race to grade E and then must advance as provided in this section. For a greyhound re-graded on request under this subsection, the association shall place the letter “M” after the greyhound’s name in the racing program.

(3) Decline in grade.

(a) Except as provided in par. (b), the racing secretary shall lower a greyhound to the next lower grade if:

1. The greyhound fails to finish in the top 3 positions in 3 consecutive starts; or

2. The greyhound fails to finish third or better at least once in 4 consecutive starts.

(b) The racing secretary shall lower a greyhound in grade D to the next lower grade if it fails to finish in the top 4 positions in 4 consecutive starts.

(4) Drop in eligibility.

(a) A greyhound which fails to finish in the top 4 finishing positions in 6 consecutive grade E starts shall be dropped from further racing at that race meet.

(b) A greyhound which fails to finish in the top 4 positions in 6 consecutive maiden starts shall be dropped from further racing at the race meet, except that if it re-qualifies in official schooling, the greyhound shall be given 2 additional starts. If the greyhound fails to finish in the top 4 positions in those 2 starts, the greyhound shall be dropped from further racing at the race meet.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (1) (d), r. and recr. (3), Register, July, 1990, No. 415, eff. 8-1-90; CR 03-070: am. (1) (c), (h), (2) (a), (b) and (4), cr. (1) (j) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 7.06 Entries {#sec-game-7.06 omnilex-key=us-wi-regs-official--agency-game--Game 7.06}

(1) Procedures for entry.

(a) All entries shall be made to the racing secretary. Every entry in a race shall be in the name of the registered owner, lessee, or kennel name and shall be made in person or in writing.

(b) Joint subscriptions and entries may be made by any one or more of the owners. However, all owners shall be jointly and severally liable for all fees and forfeits.

(c) Entries which have closed shall be compiled without delay by the racing secretary and conspicuously posted.

(d) Entrance money shall not be refunded on the death of a greyhound or failure to start.

(e) Entry into a race shall be free, unless otherwise stipulated in the conditions of the race. If the conditions require an entrance fee, it shall accompany the entry.

(2) Eligibility for entry.

(a) A greyhound shall not be qualified to be entered or to start in any race if owned in whole or in part or is under the control, directly or indirectly, of a person not eligible to hold a license. Any purse money won during the period the greyhound was owned or controlled by a person not eligible to hold a license shall be returned to the association and redistributed as purse money.

(b) No greyhound shall be permitted to enter or to start unless conditioned by a licensed trainer as registered with the division.

(c) No greyhound on the schooling list or the veterinarian’s list shall be allowed to enter any official race without being properly removed from such lists.

(d) Female greyhounds coming in season during the race meet shall not be accepted for entry within 30 days following the date the greyhound came in season. Before being accepted for entry the greyhound shall be examined by the division’s veterinarian and schooled to the satisfaction of the stewards.

(e) Lactating females shall not be eligible to enter, school or race.

(f) No greyhound under the age of 14 months may enter any official race.

(g) No greyhound shall be permitted to enter schooling or official races unless all persons holding any ownership interest in the greyhound are licensed by the division.

(h) In the event a greyhound starts a race from a post position other than the assigned post position identified in the daily race program, the stewards shall declare a “no race” and all monies wagered shall be refunded. In the event a greyhound starts a race from a post position other than the assigned post position identified in the daily race program, and the stewards fail to declare the race a “no race”, then all winning tickets reflecting the posted official order of finish shall be honored as winning tickets and all remaining tickets shall be subject to refund.

(i) After the start of a race no refunds shall be provided in the event a greyhound’s blanket comes loose or falls off, or if the greyhound’s muzzle falls off, is hanging, or is in the mouth.

(3) Stakes.

(a) Entries for stakes races, the conditions of which have previously been published, shall close at the time advertised in such publication and no entry shall be received after that time. If the race fails to fill, additional time may be granted. The time for closing is as follows:

1. When an hour for closing is designated entries and declarations for stakes shall not be received afterwards;

2. If an hour is not designated entries and declarations shall be mailed up to midnight of the day entries close, provided they are received in time for compliance with every other condition of the race.

(b) In the event the number of entries to any stake race is in excess of the number of greyhounds that may be permitted to start, the starters for the race shall be determined by the racing secretary according to the published conditions of the race.

(c) An entry in a stakes race shall not be withdrawn. However, in a multiple race series an entry may be scratched if the division veterinarian determines that it is unable to compete. A greyhound scratched from a stakes race shall not start officially before the stakes race is final.

(d) In the absence of notice to the contrary, entrance and declarations for stakes races which close during or on the eve of a race meet shall close at the office of the racing secretary. Closing at all other times for stakes races shall be at the office of the association.

(e) All stakes races shall be indicated by the letter “S” and the grade. The letter “S” shall appear at the top of each page of the daily race program for this type of race. After racing in a grade S race, the greyhound’s grade shall include the S followed by the greyhound’s current grade.

(f) A person entering a greyhound shall be liable for the entrance money or stake. Should the subscriber transfer the entry, the subscriber shall be liable.

(g) If a stakes race is not run all stakes or entrance money shall be refunded.

(h) If the racing secretary allows a greyhound to start in a race without its entrance money or stake having been paid, the racing secretary shall be liable for the money due.

(i) Subscription of entry or right of entry shall survive the death of nominator or subscriber of the greyhound.

(j) An error pertaining to any entry or declaration in a stakes race must be presented to the stewards prior to any qualifying races or the draw.

(4) Drawing.

(a) The post positions of greyhounds starting shall be assigned by random lot or drawing, including computerized drawing.

(b) Entries shall not be drawn and assigned a post position unless a steward or designee representing the division and the racing secretary, assistant racing secretary or director of racing are present. The kennel owner, trainer or assistant trainer may be present, but their absence at the time of drawing shall constitute a waiver of their right to be present.

(c) The racing secretary shall post, in an area previously designated for this purpose, the date, time and place for the drawing of entries and assignment of post positions at least one day prior to the running of the race.

(d) The following provisions apply to the listing of greyhounds not drawn:

1. Immediately after the drawing of entries for a performance the racing secretary shall publish a list of greyhounds not drawn;

2. The list shall be posted in an area available for viewing by kennel owners and trainers;

3. In drawing the entries for the next performance the racing secretary shall give priority to the greyhounds on the list;

4. The racing secretary shall maintain on the list a balance of greyhounds in different grades and distances.

(e) In purse races, there shall be at least 6 greyhounds of completely different ownership. No trainer or greyhound owner shall have more than 2 greyhounds in any race except in stakes or sweepstakes. In all other purse races, the following conditions shall apply:

1. No double entries shall be allowed until all single interests are used and double entries shall be uncoupled for wagering purposes.

2. When no other single entry is available, the racing secretary may use a double entry without the permission of the trainer.

(f) Each greyhound shall have 4 past performance lines, except maidens shall have at least 3 past performance lines.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; cr. (4) (f), Register, July, 1990, No. 415, eff. 8-1-90; CR 03-070: cr. (1) (e) and (3) (j), am. (2) (a), (c), (d), (g) to (i), (3) (d), (e), (4) (b) and (e) (intro.), r. (4) (e) 2. and 4., renum. (4) (e) 3. to be (4) (e) 2. and am. Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 7.07 Declarations and scratches {#sec-game-7.07 omnilex-key=us-wi-regs-official--agency-game--Game 7.07}

(1) The declaration of a greyhound out of an engagement is irrevocable and shall only be made by the trainer.

(2) Declarations shall be made to the racing secretary or the assistant to the racing secretary at least 1/2 hour before the time designated for the drawing of post positions.

(3) Greyhounds declared or scratched shall lose all preference accrued up to that date unless excused by the stewards.

(4) If 3 or more greyhounds are declared out or scratched in any one race, the stewards may cancel the race.

(5) At any time a greyhound is scratched, it may be required to perform to the satisfaction of the stewards in an official schooling race prior to being reentered for an official race.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: cr. (5) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 7.08 Weights and weighing {#sec-game-7.08 omnilex-key=us-wi-regs-official--agency-game--Game 7.08}

(1) Establishing of racing weight.

(a) Before any greyhound is allowed to school or race, the trainer shall establish its racing weight with the clerk of scales.

(b) The established racing weight may be changed on written request of the trainer and by written consent of the stewards. The new racing weight shall become effective at the next draw following submission and consent of the request.

(c) All greyhounds having an established weight change of more than one pound shall be schooled at least once at the discretion of the stewards at the new weight before being eligible to start.

(d) Greyhounds that have not raced or schooled officially for a period of 3 weeks shall be allowed to establish a new racing weight with the consent of the stewards and shall be schooled officially immediately upon receipt of consent.

(2) Weighing in.

(a) All greyhounds shall be weighed not less than one hour and not more than 3 hours before the time of the first race of the race performance in which they are to appear. In cases where the total number of greyhounds entered into a race performance are exceeded by the total number of crates in the lock out kennel, the association may designate two periods for weigh in and the corresponding entries to be weighed in at each period. In cases where more than one weigh in period is conducted, all greyhounds identified for the second weigh in period shall be weighed not less than one hour before the earliest scheduled post time for all greyhounds being weighed in during that period. Only one weigh-in per greyhound shall be permitted.

(b) As each greyhound is weighed in, there shall be an identification tag attached to its collar indicating the number of the race in which the greyhound is entered and its post position. This tag shall not be removed until the greyhound has been weighed out, blanketed and identified.

(c) All greyhounds must be weighed in and weighed out with the muzzle, collar and lead strap approved by the division’s paddock judge.

(d) Upon weighing-in, should there be a variation of more than 11/2 pounds from the greyhounds established weight the stewards shall order that greyhound scratched.

(e) Immediately after being weighed in, the greyhounds shall be placed in lock-out kennels under the supervision of the association paddock judge or kennel master.

(f) If at weighing-in time there is more than 2 pounds variation between the present weight and the weight at weighing-in time of its last race, the stewards shall order the greyhound scratched.

(g) Upon placement of the greyhounds in the lock-out kennels after weighing-in, no person except racing officials, lead-outs in the presence of a racing official or designated representatives of the division shall be allowed in the lock out kennels.

(3) Weighing out.

(a) Each greyhound shall be weighed out immediately after being removed from the lock-out kennels. If a greyhound loses weight in excess of 1-1/2 pounds from its weigh-in weight while in the lock-out kennels, the stewards shall consult with the division veterinarian. If, in the opinion of the division’s veterinarian, the loss of weight while in the lock-out kennels does not impair the racing condition of the greyhound, the stewards shall allow the greyhound to race. Otherwise, the greyhound shall be scratched.

(b) A record of all greyhounds losing in excess of one and one-half pounds while in the lock-out kennel shall be maintained by the division veterinarian. The division veterinarian shall identify a greyhound as a weight loser who loses weight in excess of one and one-half pounds on a minimum of three consecutive occasions while in the lock-out kennel. Each greyhound classified as a weight loser shall be identified with the initials “WL” following its name in the daily race program.

(4) Miscellaneous.

(a) The clerk of scales shall require a greyhound to remain on the scales until such time as no more than 1-quarter pound movement in scale action is caused by the greyhound moving while being weighed.

(b) The weight regulations provided in this section shall be printed in the daily race program.

(c) The stewards shall have the option of ordering the weighing of a greyhound entered in a race at any time from the time the greyhound is entered in a race until post time.

(d) Entered greyhounds not brought to weigh-in due to illness or injury shall be examined by the division’s veterinarian and the results of the examination reported to the stewards.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. (1) (b), (2) (a), (b), (g), (4) (b), renum. (3) to be (3) (a) and am., cr. (3) (b) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 7.09 Rules of the race {#sec-game-7.09 omnilex-key=us-wi-regs-official--agency-game--Game 7.09}

(1) Race preparation.

(a) All greyhounds shall wear the regulation muzzle and blanket while racing. Following the race, racing blankets shall not be removed until the greyhounds are under visual observation by their trainer or designee.

(b) Before leaving the paddock for the starting box the muzzles and blankets of each greyhound shall be carefully examined and again examined in front of the steward’s stand before the stewards and the public, or on video display terminals with prior approval of the stewards. All muzzles and blankets used shall be approved by the division paddock judge.

(c) All greyhounds shall be exhibited in the display area of the paddock before post time of the race in which they are entered.

(d) After the greyhounds leave the paddock on their way to the starting point, and until the race has concluded, all persons except racing officials and necessary attendants shall be excluded from the track.

(e) Prior to the first post time for each performance the lure operator shall test the lure to ensure that the lure is in proper working order. Any problems that would prevent the operation of a consistent lure shall be reported immediately to the stewards.

(2) Rules of the race.

(a) The greyhounds shall be started from a type of starting box approved by the division and there shall be no start until and no recall after the doors of the starting box have opened. Each starting box shall be equipped with an automatic opener with a manual back-up.

(b) If less than 3 greyhounds finish, the stewards shall declare it “no race” and all wagers and entry fees shall be refunded.

(c) The trainer or designee shall receive the greyhound from the lead-out at the conclusion of each race in which they are responsible for an entry.

(d) No race shall be called official unless the lure is in advance of the greyhounds at all times during the race. If at any time during the race, any greyhound or greyhounds touch or overtake the lure the stewards shall declare it “no race” and all monies wagered shall be refunded.

(e) If a greyhound bolts the course, or runs in the opposite direction during the running of the race, and in so doing, in the opinion of the stewards, interferes with any other greyhound so as to alter the outcome of the race, the stewards may declare it “no race” and all monies wagered shall be refunded.

(f) If a greyhound bolts the course, runs in the opposite direction, or does not run the entire prescribed distance for the race, it shall forfeit all rights in the race, and no matter where it finishes, the stewards shall declare the finish of the race the same as if that greyhound was not a participant. However, that greyhound shall be considered a “starter” for grading purposes.

(g) The stewards at each race meet shall designate individuals who may remove a greyhound from the track when it appears it may interfere with the running of the race. No other person shall enter the track during the running of the race.

(h) If a greyhound refuses to leave the box when the doors of the starting box open at the start, there shall be no refund of monies wagered. Such greyhound shall be considered a starter.

(3) Stewards list.

(a) If the stewards determine that an animal, during a race, is fractious, unruly or otherwise runs so as to cause interference to other animals in the race, the stewards may place that animal on the schooling list.

(b) Any greyhound may be placed on the schooling list at the discretion of the stewards at any time. No animal placed on the schooling list shall be permitted to race without schooling back to the satisfaction of the stewards.

(c) When the stewards charge a greyhound for interference in any official race, films shall be made available for viewing by the kennel owner or trainer. Upon written appeal to the stewards of an interference ruling and placement of the greyhound on the schooling list, the stewards may review the film and their decision in the presence of the kennel owner or trainer.

(4) Dead heats.

(a) When greyhounds run a dead heat for first place all monies and prizes to which the winner would have been entitled shall be divided equally. Each greyhound shall be deemed a winner.

(b) When greyhounds run a dead heat for second place, they shall divide equally the second place money and whatever additional placing monies are involved in the dead heat.

(c) When greyhounds run a dead heat for third place, they shall divide equally the third place money and whatever additional placing monies are involved in the dead heat.

(d) If the dividing owners cannot agree as to a prize which cannot be divided, the question shall be determined by lot in the presence of the stewards.

(5) Objections.

(a) All objections as to eligibility of an animal to race shall be made to the stewards in writing and signed by the objector.

(b) Objections to a greyhound engaged in a race shall be made only by the trainer of another greyhound engaged in the same race, or by an racing official.

(c) All objections shall be made within 48 hours after the race is run.

(d) The stewards may impose a forfeiture upon a determination that an objection was made without reasonable basis.

(e) Pending a decision on the objection, any prize or money due any greyhound involved in the objection shall be withheld until the objection is resolved.

(f) In all cases of fraud or willful deception, the time limitation identified in this section shall not apply if the stewards determine the objector could not have reasonably ascertained the basis of the objection within 48 hours.

(g) If an objection is declared valid, the stewards shall determine the new order of finish and the redistribution of all purse monies. The stewards’ decision shall not affect the pari-mutuel payoff.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. (1) (a), (2) (h), (3) (b) and (5) (a), cr. (5) (e) to (g) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 7.10 Racing officials {#sec-game-7.10 omnilex-key=us-wi-regs-official--agency-game--Game 7.10}

(1) General.

(a) The following are designated racing officials of a race meet:

1. Board of stewards (presiding division steward, division steward, and association steward).

2. Director of racing.

3. Racing secretary.

4. Paddock judge.

5. Chartwriter.

6. Lure operator.

7. Starter.

8. Announcer.

9. Division veterinarian.

10. Clerk of scales.

11. General manager.

12. Brake operator.

13. Director of security.

14. Mutuel manager.

15. All assistant positions of those listed above.

16. All other staff members of the division.

(b) All designated racing officials shall be appointed by the association except the division stewards, division veterinarian, and all other division employees, all of whom shall be appointed by the division. All association racing officials shall be licensed by the division. The successor to an official whom is replaced shall be subject to the approval of the division.

(c) Associations shall submit to the division the names of all racing officials not less than 45 days prior to the first day of the race meeting, with biographical data relating to the expertise and qualifications of the individuals. No person shall serve in more than one racing official position without the prior approval of the division.

(d) No racing official shall accept, directly or indirectly, any gratuity, reward or favor in connection with racing at the meeting.

(e) No racing official shall accept anything of value from any licensee.

(f) Racing officials shall report to the stewards all observed violations of the rules.

(g) No occupational licensee shall use profane or indecent language to a racing official or otherwise disturb the peace of any race meet, nor act in a manner which causes any disturbance or disruption of the racing or other operation of the association, or of the acts of any racing officials or employees of the association, or is in any manner detrimental to the best interests of racing.

(h) Any grievance or complaint against a racing official, a licensee or an employee of the licensee shall be made in writing to the stewards. The stewards shall consider the matter, take whatever action is deemed appropriate, and make a full report of their action to the division. Complaints against the stewards or employees of the division shall be made in writing to the administrator.

(i) Whenever the general manager is to be absent from the grounds of a racetrack for more than one performance, the general manager shall, in writing, inform the stewards of the anticipated length of the absence and provide the name of the racing official who will assume the responsibilities of the general manager. The person designated to assume the responsibilities shall be authorized to exercise all duties and responsibilities of the general manager and shall be licensed as an assistant general manager.

(j) All racing officials shall be at least 18 years of age.

(2) Stewards.

(a) The stewards shall supervise the race meet to which they are assigned including the actions and decisions of all racing officials in carrying out their duties. In all cases of conflicts, the decisions of the stewards shall control. The stewards shall be responsible for enforcing ch. 562, Stats., and the division’s rules. The stewards shall interpret the rules and decide all questions not addressed in statutes or administrative code. All decisions and rulings within the stewards’ authority shall be determined by a majority vote of the board of stewards, subject to division review.

(b) There shall be 3 stewards for each race meeting, 2 of whom shall be appointed by the division and one who shall be nominated by the association for approval by the division.

(c) Should any situation occur which may not be covered by the rules of racing, it shall be determined by the stewards in conformity with custom and usage in the industry and in the best interest of racing. In matters pertaining to racing, the orders of the stewards shall supercede the orders of the officers and directors of the association.

(d) The stewards shall have the power at any time to order an examination by the division veterinarian of any animal entered or which has run in a race.

(e) During each racing day the stewards of the race meet shall be at the division offices on the grounds of the association where the race meet is being held not later than 15 minutes prior to weighing-in time to exercise the authority and perform the duties imposed on the stewards by the rules of racing.

(f) In an emergency, when a vacancy occurs among the racing officials other than the stewards, the stewards shall immediately fill the vacancy:

1. The appointment shall be effective only for one day unless the stewards determine continuation of such appointment is required.

2. Such appointment shall be reported immediately to the administrator by the stewards.

(g) In an emergency when a vacancy occurs for an association steward, the presiding steward shall appoint a racing official to serve for that program. The appointment shall only be effective for one day, unless the presiding steward determines continuation of such appointment is required.

(h) If a vacancy occurs for a division steward or division veterinarian prior to or during a race performance, the presiding steward shall appoint an individual to serve for the remainder of the race performance.

(i) If a vacancy occurs for a racing official not listed under par. (h), the general manager or designee shall appoint a racing official to serve for the remainder of the race performance. The general manager’s appointment shall be subject to the review and consent of the board of stewards.

(j) The question of whether a start was a fair start shall be the decision of the stewards and such decision shall be final and if the stewards decide that a start was not a fair start the race shall be declared a “no race.”

(k) The stewards shall determine the finish of the race by the relative position of the muzzles of the greyhounds. In cases where the muzzle is off, hanging or in the mouth the stewards shall consider the relative position of the nose of the greyhound.

(L) The stewards shall display the numbers of the first 3 greyhounds in each race in order of their finish. If the stewards differ in their placing, the majority shall prevail. Nothing in these rules shall be construed to prevent the stewards from correcting an error before the display of the sign “official.”

(m) The stewards shall be responsible for hand timing each race.

(n) All association stewards are required to obtain a license as an association steward from the division. All association stewards shall have a knowledge of the principles and practices of the pari-mutuel racing industry, the use of administrative rules and practices within the pari-mutuel industry, and the principles and practices of oversight of pari-mutuel racetrack operations.

(3) Clerk of scales.

(a) The clerk of scales shall weigh all greyhounds in and out and post the scale sheet of weight promptly after weighing.

(b) The clerk of scales shall immediately report to the stewards any infraction of the rules as to weight and weighing.

(4) Lead-outs.

(a) Lead-outs shall be employed by the association for the purpose of leading the greyhounds to the starting box. Only licensed lead-outs shall lead greyhounds from the paddock to the starting box.

(b) There shall be one lead-out for each greyhound on the racetrack during races on which pari-mutuel wagering is conducted.

(c) Lead-outs shall present a neat appearance and conduct themselves in an orderly manner and shall be attired in clean uniforms provided by the association.

(d) The lead-out shall put the greyhound in its assigned box before the race and then retire to a designated place.

(e) The lead-out shall handle the greyhound in a humane manner at all times.

(f) No lead-out shall have any interest in any greyhound participating in the race meet where the lead-out is employed.

(g) Lead-outs shall be assigned to post positions by the paddock judge or designee by lot before each race performance and subject to approval and reassignment by the division stewards.

(h) Lead-outs shall not hold any conversation with the public or with one another, either in the paddock, enroute to the starting post or while returning to the paddock.

(i) Lead-outs shall remain in the restricted area of the paddock at all times, except to accompany an assigned greyhound to the starting box.

(j) No lead-out shall smoke while in uniform and on duty.

(k) It shall be the responsibility of the association to properly train lead-outs in the handling of greyhounds. The training shall include the proper method of leading greyhounds, weighing, placement in and removal from lock-out kennels, handling of blankets, muzzles and leashes, placement in starting box and returning of the greyhound to the paddock after the finish of a race.

(5) Paddock judge.

(a) No greyhound not fully identified and checked against the card index systems (bertillon card) maintained by each association shall start in a schooling or official pari-mutuel race. The identification cards shall be filled in and completed by the association paddock judge before greyhounds are entered for schooling or for a race.

(b) The paddock judge shall fully identify and check against the card index system of identification maintained by the association the greyhounds starting in schooling and official pari-mutuel races. The paddock judge shall report to the stewards any greyhound who does not conform to the card index identification.

(c) The paddock judge shall unlock the lock-out kennel immediately before weigh-in time to see that the lock-out kennels are in good repair and that nothing has been deposited in any of the crates for the greyhounds’ consumption. The division veterinarian shall see that the lock-out kennels are kept in repair and proper sanitary condition and shall direct the association to make the required corrections when deemed necessary. The paddock judge or designee(s) shall receive the greyhounds from the trainer one at a time, and see that each greyhound is placed in its lock-out kennel and remain on guard from that time until the greyhounds are removed for the last race.

(d) The division steward and paddock judge shall not allow anyone to weigh in a greyhound unless that person has in their possession a valid owner’s, trainer’s or assistant trainer’s license.

(e) The association paddock judge or kennel master shall keep on hand and ready for use extra muzzles of all sizes, lead straps and collars.

(f) The paddock judge shall ensure that each greyhound is properly fitted with an approved muzzle, blanket and lead prior to its leaving for the starting box.

(6) Starter.

(a) The starter shall report any causes of delay to the stewards.

(b) All starting boxes to be used during a performance shall be inspected and tested by the association prior to the first race of the performance and the results shall be communicated to the stewards by the starter before the first race.

(c) The starter shall inspect all starting boxes and areas adjacent to the starting boxes to be used each race performance prior to the first race to ensure they are clean and free of any foreign materials.

(d) The starter shall be responsible that each greyhound is correctly placed in its assigned post position as identified in the daily racing program.

(7) Racing secretary.

(a) The racing secretary shall maintain a complete and updated file of all lease and ownership papers on greyhounds racing at the race meet. All ownership and lease documents shall be inspected to be sure they are accurate, complete and updated. To perform this responsibility the racing secretary shall have the authority to demand the production of any documentation or evidence relating to the ownership of a greyhound. Kennel owners and trainers shall file with the racing secretary all current ownership and lease records and any other forms required by the division including but not limited to health certificates, live lure affidavits and animal vaccination records. By filing these documents the owner and trainer warrant that the documents are true, accurate and authentic.

(b) The racing secretary shall receive all entries and declarations.

(c) The racing secretary shall form each race, and ensure that only greyhounds which are eligible to start and which meet any special entry requirements are drawn into the race. The racing secretary shall make every effort to ensure fairness and equal opportunity for all greyhound owners and kennel owners in the forming of all races.

(d) As soon as entries have closed for each race performance, the racing secretary shall compile and post a list of entries minus any subsequent withdrawals. Names of greyhounds on the leftover list shall also be compiled and posted in an announced location.

(8) Chartwriter.

(a) The chartwriter shall compile the past performance information necessary for the daily race program.

(b) The daily race program shall contain:

1. The names of the greyhounds entered to run in each of the day’s races, which shall appear in order of their post position;

2. The grade of the race;

3. The numerical designation of the post position at the left of the name and shall correspond to the numeral displayed on each greyhound;

4. Four past performance lines, except maidens shall have at least 3 past performance lines and all such lines shall be in reverse chronological order, with the most recent performance listed first;

5. Name, color, sex, date of whelping, breeding (dam and sire), established racing weight, number of starts in official races and number of times finishing first, second, third and fourth, total purses won, name of owner or lessee, name of trainer, distance of race, track record and such other information as will enable the public to properly judge the greyhound’s ability; and

6. In case the name of a greyhound is changed, the new name together with the former name shall be published in the official entries and daily race program until after the greyhound has started 6 times.

(9) Timer-photo finish/timer. The association steward shall be the timer-photo finish operator.

(a) The timer-photo finish operator shall maintain the photo finish and timing equipment in proper working order and shall be responsible for photographing each race.

(b) The timer-photo finish operator shall declare the official time of each race. The time of the race shall be taken from the opening of the doors of the starting box to the time of the first greyhound crossing the finish line.

(c) Each association shall install an automatic timing device approved by the division. The timer-photo finish operator shall use the time shown on the timing device as the official time of the race if the timer-photo finish operator and stewards are satisfied that the timing device is functioning properly. Otherwise, the timer-photo finish operator shall consult with the stewards and use the time shown on the stop watch or other back-up timing device in use to record the time of the race. When the stop watch time or other back-up timing device is used to record the official time of the race it shall be so announced to the public.

(d) When the “photo” sign is posted by the stewards on the totalizator board the timer-photo finish operator shall prepare a photograph which shall be made available and displayed for public viewing. The photo shall be approved by the board of stewards prior to public viewing. A paper copy of the displayed photo shall be retained for a period of 90 days.

(10) Lure operator.

(a) The lure operator shall operate the lure in a smooth, uniform and consistent manner so as not to impede or otherwise disrupt the running of the race.

(b) The location of the lure on the course and the prevailing weather conditions shall be taken into consideration by the lure operator when calculating the appropriate distance of the lure from the lead greyhound.

(c) The lure operator shall test the operation of the lure prior to the running of the first race of each race performance. Any malfunctions shall be reported to the stewards and corrected prior to the start of the race performance.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; cr. (2) (l), Register, July, 1990, No. 415, eff. 8-1-90; cr. (1) (j), am. (6) (b), Register, May, 1993, No. 449, eff. 6-1-93; CR 03-070: r. and recr. (1) (a), am. (1) (b), (2) (a), (c), (e), (4) (g), (5) (b) to (d), (7) (a), (d), (8) (a), (b) (intro.) and 6., and (9), cr. (1) (i), (2) (h), (i), (5) (f), (6) (c), (d), and (10), renum. (2) (h) to (L) to be (2) (j) to (n) and am. (n) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 7.11 Fees {#sec-game-7.11 omnilex-key=us-wi-regs-official--agency-game--Game 7.11}

The division may require a fee to be paid by persons licensed pursuant to s. 562.05 (1) (a) and (b), Stats. This fee shall supplement funding received to accomplish the statutorily mandated regulatory responsibilities of the division. This fee will be determined by the division on an annual basis. All monies received pursuant to the rule shall be paid to the division, as designated by the division.

History

• Cr. Register, July, 1990, No. 415, eff. 8-1-90.

Chapter Game 8 PARI-MUTUEL OPERATIONS

Wis. Admin. Code § Game 8.01 Purpose {#sec-game-8.01 omnilex-key=us-wi-regs-official--agency-game--Game 8.01}

The purpose of this chapter is to establish the rules governing pari-mutuel operations at Wisconsin racetracks.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 8.02 Definitions {#sec-game-8.02 omnilex-key=us-wi-regs-official--agency-game--Game 8.02}

(1) “Outs liability account” means unclaimed winnings which are summarized and stored in the totalizator system computer.

(2) “Racetrack enclosure” means all the buildings, structures, and grounds utilized in connection with the operation of a race meeting.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 8.03 Association pari-mutuel operations {#sec-game-8.03 omnilex-key=us-wi-regs-official--agency-game--Game 8.03}

(1) General reports submitted by associations.

(a) The association shall file admission reports daily with the division stewards. The association shall file monthly and end of race meet admission reports to the administrator. All daily admission reports shall include:

1. The beginning turnstyle reading number;

2. The ending turnstyle reading number;

3. The total turnstyle reading number;

4. All locations that individuals entered the facility; or

5. Comparable information provided by such other monitoring device as may be approved by the division.

(b) At the close of each race meeting the association shall remove its outs liability account from the totalizator system computer and deliver to the division a report of its outstanding ticket liability, the outs book, and a copy of the magnetic tape used to generate the outs book. Such records shall include the date of the race, the winning numbers, the denominations of the outstanding tickets and the payouts.

1. The association shall deliver to the division no later than 91 days after the last performance of each race meet a check representing the value of all outstanding tickets payable to the division.

2. No outs liability account may be removed by any person from the totalizator system unless the division auditor is present. The totalizator licensee shall print only 2 sets of outs books at the time the outs liability account is removed from the computer system. No subsequent sets of the outs book may be printed by any person without written approval by the division. The outs book shall include:

a. The date of the race;

b. The denomination of each outstanding ticket;

c. The payouts; and

d. The unique serial number of each outstanding ticket as required by s. Game 10.07 (12).

3. An association may keep its outs liability account in the totalizator system computer if the totalizator system is operating at a racetrack where a race meeting is in progress. If an association elects to keep the outs liability account in the computer system beyond 10 days after the close of a race meeting, that association, within 10 days after the close of the meeting, must file a letter with the division which shall:

a. State the dollar amount of the outstanding tickets at the close of the race meeting;

b. State that the outs liability account will remain in the computer system;

c. State the name of the racetrack where the account will be open for cashing of winning tickets by members of the public;

d. State the name of the person who will be responsible for maintaining the integrity of the outs account and for maintaining the daily record of the account for reporting to the division;

e. Indicate the approximate date when the account will be removed from the computer system; and

f. Maintain and protect all tickets until the removal of the outs liability account.

(c) The association shall file with the administrator within 48 hours after the close of each race day all division approved recapitulation documents pertaining to pari-mutuel taxes, special program taxes, breakage, refunds, admissions taxes owed and minus pools resulting, and the reason for the minus pool. Associations shall bear the loss of all minus pools incurred from their share of the divisions.

(d) The association shall file with the administrator monthly reports computing the total amounts paid to the division, pursuant to s. 562.065 (3) (c), (d) and (e), Stats., within 5 days of the end of each month.

(e) The association shall file with the administrator annual statements under s. 562.065 (3) (c) 4., Stats., within 30 days after the end of the meet.

(f) The association shall file a report to the division auditor of all mutuel clerk overages and shortages on a weekly basis as well as any complaints made against them by patrons.

(g) The association shall deposit funds as prescribed by the administrator.

(2) Association mutuel manager-duties and responsibilities.

(a) Before the association posts the payout prices of any pool the mutuel manager shall review the calculating sheets of such race and compare them to the prices on the display devices to ensure they agree. Such review shall show pay-breaks-commission which sets forth the payout to the public, breakage and retained commission, and added together, show they equal total pool. Calculating sheets are to be verified as to winners and prices. Displayed prices are to be rechecked by the association before the end of the performance and any irregularities shall be reported to the division.

(b) The mutuel manager shall ensure that no wagers are accepted after the off-bell.

(c) Should any emergency arise in connection with the operation of the mutuel department not covered by these rules and an immediate decision is necessary, the mutuel manager, subject to the approval of the stewards, shall make the decision and render a report to the administrator within 24 hours concerning the incident.

(d) The association mutuel manager shall provide to the division auditor such information as the division auditor may request and cooperate with the division auditor in every way so that the division auditor may be certain that the mutuel department is being operated in strict accordance with the law and the rules of the division.

(e) The association mutuel manager shall require that mutuel clerks’ windows remain open a reasonable length of time after the last race for patrons to cash winning tickets.

(f) The association mutuel manager shall employ only those persons licensed by the division prior to assumption of their duties as mutuel clerks.

(g) The association mutuel manager shall maintain complete records of all wagering so the division may upon review ascertain for any race the opening line, subsequent odds fluctuations, the amount and window at which wagers were placed on any wagering interest, and other information which may from time to time be required. A copy of wagering records shall be retained by each association and secured for a period not less than one year and may not be destroyed without written approval from the division.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (2), Register, July, 1990, No. 415, eff. 8-1-90; correction in (1) (b) 2. made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; CR 03-070: am. (1) (a) and (b) 1. Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 8.04 Totalizator {#sec-game-8.04 omnilex-key=us-wi-regs-official--agency-game--Game 8.04}

Each association shall install and operate during its race meeting an electric totalizator approved by the division. The totalizator shall be tested daily by the totalizator licensee to ensure its proper working order and report any irregularities to the division stewards and division auditor:

(1) Odds board control. The controls necessary to operate the order of finish on the odds board shall be located in the steward’s stand and controlled by the association steward.

(2) Odds board update. There shall be operated in connection with such totalizator one or more odds boards and designated display devices. Approximate odds on each wagering interest in the win pool shall be updated on the odds board and designated display devices at intervals of not more 60 seconds.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 8.05 Pari-mutuel wagering {#sec-game-8.05 omnilex-key=us-wi-regs-official--agency-game--Game 8.05}

Each association may permit wagering only on races conducted by that association, except on races pursuant to s. 562.057, Stats.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 8.06 Refunds {#sec-game-8.06 omnilex-key=us-wi-regs-official--agency-game--Game 8.06}

(1) Scratches and non-starters. If after wagering has commenced an animal is scratched or declared a non-starter the wagering on the animal shall be refunded by the association unless otherwise prohibited by rule.

(2) Failure of starting box. In a greyhound race, if the door in front of any starting box should fail to open thereby preventing an animal from obtaining a fair start, the stewards shall declare a “no race”.

(3) Race cancellation. If for any reason a race is canceled or declared no race by the stewards after wagering has commenced on that race the association shall refund all wagers unless otherwise prohibited by rule.

(4) Totalizator breakdown. In the event of an irreparable breakdown of the totalizator during the wagering on a race the stewards shall declare no race and the association shall refund all wagers.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; cr. (2) (f), Register, July, 1990, No. 415, eff. 8-1-90; CR 03-070: am. (2) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 8.07 Minimum ticket prices/payouts {#sec-game-8.07 omnilex-key=us-wi-regs-official--agency-game--Game 8.07}

For all win, place and show wagers the minimum wager to be accepted by any association shall be $2. The minimum payout by an association on a $2 wager shall be $2.20. The association may set the minimum wager for any wager other than win, place or show, as in a wheel or box, at $1, provided that no ticket shall be sold for less than $2.00. For purposes of pari-mutuel calculations the minimum payout for a $1 wager shall be $1.10. In cases where a minus pool occurs, the association shall be responsible for the payment of the minimum payout from their share of the pari-mutuel commission.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 8.08 Minors barred {#sec-game-8.08 omnilex-key=us-wi-regs-official--agency-game--Game 8.08}

No association may permit any minor to purchase or cash pari-mutuel tickets, nor permit any minor to be at a mutuel window at any time.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 8.09 Wagering explanations {#sec-game-8.09 omnilex-key=us-wi-regs-official--agency-game--Game 8.09}

Each association shall cause to be published in the daily race program a general explanation of pari-mutuel wagering and an explanation of each type of wagering pool offered. The association shall also post the explanation in conspicuous places on the association grounds so as to adequately inform the public. This explanation shall be submitted by the association to the state steward prior to publication so as to insure an absence of conflict with these rules. The association shall post a copy of the division rules regarding the calculation and distribution of the wagering pools contained in ch. Game 9 in a conspicuous place.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471.

Wis. Admin. Code § Game 8.10 Prior approval for wagering pools {#sec-game-8.10 omnilex-key=us-wi-regs-official--agency-game--Game 8.10}

No association may conduct any wagering pool without prior approval of the division.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 8.11 Number of pools {#sec-game-8.11 omnilex-key=us-wi-regs-official--agency-game--Game 8.11}

(1) If less than 6 wagering interests are scheduled to start in a race the mutuel manager, with the approval of the stewards, shall be permitted to prohibit show and superfecta wagering on that race.

(2) If less than 5 wagering interests are scheduled to start in a race the mutuel manager, with the approval of the stewards, shall be permitted to prohibit place, show and trifecta wagering on that race.

(3) If less than 4 wagering interests are scheduled to start in a race the mutuel manager, with the approval of the stewards, shall be permitted to prohibit quiniela and perfecta wagering on that race.

(4) If less than 3 wagering interests are scheduled to start in a race the mutuel manager, with the approval of the stewards, shall be permitted to prohibit wagering on that race.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 8.12 Sale of pari-mutuel tickets {#sec-game-8.12 omnilex-key=us-wi-regs-official--agency-game--Game 8.12}

(1) Time of sale.

(a) Pari-mutuel tickets may not be sold on any race performance more than one hour before post time of the first pari-mutuel race of each performance unless prior approval is obtained from the division. All wagering shall be conducted only within the racetrack facility in which authorized wagering is permitted pursuant to a license issued under s. 562.05 (1), Stats.

(b) All pari-mutuel tickets shall be purchased with U.S. currency, totalizator generated vouchers, winning pari-mutuel tickets issued by the racetrack or refunded pari-mutuel tickets. No pari-mutuel facility shall extend credit, accept checks, or accept credit cards directly for payment of pari-mutuel tickets.

(c) No pari-mutuel facility shall allow wagers to be accepted over the telephone, computer or other device not approved by the division. All wagers shall be made in person at the racetrack.

(d) No pari-mutuel facilities shall discount pari-mutuel wagers, award rebates or offer any type of cash incentive as a premium for wagering.

(2) Ticket windows. No pari-mutuel tickets may be issued except through clerk windows clearly designated by number. The association shall prominently display this number to the wagering public. At mutuel windows where special or limited mutuel services are offered, the association shall properly designate those windows by signs. The association shall obtain prior division approval for any alternative method of selling pari-mutuel tickets.

(3) Mutuel plan. No method and manner of selling pari-mutuel tickets shall be used unless approved by the division. Such approval shall include but not be limited to the number of windows, distribution of windows, the manner of denomination in which pari-mutuel tickets shall be sold and the mutuel staffing plan. The latter shall be filed by the association with the division 60 days prior to the opening of each race meet. Mutuel department and totalizator licensee employees shall be clearly identified as such, so that easy identification can be made by the public.

(4) Acknowledgement of mutuel tickets. Notwithstanding other division rules, the acceptance of a mutuel ticket by taking an issued ticket away from the window or terminal from which it is purchased shall constitute an acknowledgment by the purchaser of the correctness of the ticket, and each purchaser of a mutuel ticket agrees to be bound by the terms and provisions of this requirement. Neither the association, totalizator company, the division nor the state of Wisconsin shall be liable to any person for any ticket which is not a winning ticket in accordance with the provisions of this rule nor shall they be liable to any person for any mutuel ticket not delivered for any reason, including but not limited to, mechanical malfunction, electrical failure, machine locking, or other cause.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: renum. (1) to be (1) (a) and am., cr. (1) (b) to (d) and (4) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 8.13 Official sign final {#sec-game-8.13 omnilex-key=us-wi-regs-official--agency-game--Game 8.13}

Once the“official” sign has been posted, no changes may be made to the order of finish for purposes of mutuel payouts. Any ruling of the stewards regarding the award of purse money or order of finish for purposes of grading made after the “official” sign has been posted shall have no bearing on the mutuel payout.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 8.14 Errors in posting payouts {#sec-game-8.14 omnilex-key=us-wi-regs-official--agency-game--Game 8.14}

If an error is made in posting the payout figures on the display devices, it shall be corrected by the association or totalizator system licensee. Only the correct amounts shall be used by the association in the payout regardless of the error on the display devices. If it is impossible to correct the posted payout because of equipment failure, the association shall cease all cashing of winning tickets and a statement shall be made by the association over the public address system stating the facts and corrections. The association shall be responsible for any overpayment or underpayment and shall be required to submit a report to the administrator within 48 hours after each occurrence. Any underpayment shall be remitted by the association to the division within 48 hours after the close of that race day.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. Register, July, 1990, No. 415, eff. 8-1-90.

Wis. Admin. Code § Game 8.15 Lost tickets {#sec-game-8.15 omnilex-key=us-wi-regs-official--agency-game--Game 8.15}

No claims for lost pari-mutuel tickets shall be considered.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 8.16 Mutilated or altered tickets {#sec-game-8.16 omnilex-key=us-wi-regs-official--agency-game--Game 8.16}

No mutilated or altered pari-mutuel ticket that is not identifiable as being a valid ticket shall be accepted for payment.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 8.17 Racing officials - duties and responsibilities {#sec-game-8.17 omnilex-key=us-wi-regs-official--agency-game--Game 8.17}

(1) Division auditor. The administrator shall appoint for each race meeting a representative to be known as the division auditor to monitor the conduct of the mutuel department during each race meeting. The track operator and association shall grant the division auditor free access to all of the books, papers and records of the association, into any room or any enclosure of the association, at any and all times said access is necessary. The division auditor shall report to the administrator any failure of the association to comply with the act or any rules of the division.

(2) Duties of division auditor. The officers and employees of the association shall give the division auditor such information as may be requested. The division must be assured that the mutuel department of the association is being properly operated in strict accordance with the act and the rules of the division.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Chapter Game 9 PARI-MUTUEL WAGERING POOLS

Wis. Admin. Code § Game 9.01 Purpose {#sec-game-9.01 omnilex-key=us-wi-regs-official--agency-game--Game 9.01}

The purpose of this chapter is to establish the types of wagering pools and manner of calculating payouts. No form of wagering other than those authorized by the division shall be implemented.

History

• Cr. Register, July, 1990, No. 415, eff. 8-1-90.

Wis. Admin. Code § Game 9.02 Approval of pools {#sec-game-9.02 omnilex-key=us-wi-regs-official--agency-game--Game 9.02}

No wagering pool shall be conducted except in accordance with the rules of the division. Promulgation of rules governing operation of a pool shall not constitute prior approval of the division. Requests for new wagering pools shall be submitted by the association and accompanied by a proven totalizator program currently in use in the United States and rules governing each proposed wagering pool. An association may supplement any pari-mutuel pool to guarantee a minimum distribution with prior written approval from the division.

History

• Cr. Register, July, 1990, No. 415, eff. 8-1-90.

Wis. Admin. Code § Game 9.03 Win pool {#sec-game-9.03 omnilex-key=us-wi-regs-official--agency-game--Game 9.03}

The association shall deduct the amount wagered on the wagering interest which finishes first from the net pool, the balance remaining being the profit. The profit shall be divided by the amount wagered on the wagering interest finishing first, such quotient being the profit per dollar wagered to win; payout shall be return of amount wagered and profit.

(1) In the event of a dead heat for first involving animals of 2 different wagering interests, the win pool shall be distributed as if a place pool; if involving animals of 3 different wagering interests, the win pool shall be distributed as if a show pool.

(2) In the event no win ticket is sold on the wagering interest which finishes first, the net win pool shall be distributed to holders of win tickets on the animal finishing second, if any; otherwise, among holders of win tickets on the animal finishing third.

History

• Cr. Register, July, 1990, No. 415, eff. 8-1-90.

Wis. Admin. Code § Game 9.04 Place pool {#sec-game-9.04 omnilex-key=us-wi-regs-official--agency-game--Game 9.04}

The association shall deduct the amounts wagered to place on the first 2 animals to finish from the net pool to determine the profit. The profit shall be divided into 2 equal amounts; one-half of the profit shall be divided by the amount wagered to place on the first finisher, such quotient being the profit per dollar wagered to place on the first finisher; and one-half of the profit shall be divided by the amount wagered to place on the second finisher, such quotient being the profit per dollar wagered to place on the second finisher. Payouts shall be return of the amount wagered and profit thereon as to each of the first 2 finishers.

(1) In the event of a dead heat for first between animals representing 2 different wagering interests, the place pool shall be distributed as if one wagering interest finished first and the other finished second; if between animals representing 3 different wagering interests, the place pool shall be distributed as if a show pool.

(2) In the event of a dead heat for second between animals representing 2 or more different interests, the profit shall be divided in half with one-half allocated for wagers to place on the animal which finished first, and the other half divided equally so as to allocate one-fourth of the profit on the net place pool for wagers to place on each of 2 animals finishing in a dead heat for second, or one-sixth of the profits for wagers to place on each of the 3 animals finishing in a dead heat for second.

(3) In the event no place ticket is sold on an animal which finishes either first or second, then the place pool shall be distributed as a win pool and distributed to the holders of place tickets on the animal finishing first or second.

(4) In the event no place ticket is sold on both of the wagering interests which finish first or second, the net place pool shall be distributed to holders of place tickets on the animal finishing third.

History

• Cr. Register, July, 1990, No. 415, eff. 8-1-90; CR 03-070: cr. (4) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 9.05 Show pool {#sec-game-9.05 omnilex-key=us-wi-regs-official--agency-game--Game 9.05}

The association shall deduct the amounts wagered to show on the first 3 animals to finish from the net pool to determine the profit. The profit shall be divided into 3 equal amounts. One-third of the profit shall be divided by the amount wagered to show on the first finisher, such quotient being the profit per dollar wagered to show on the first finisher; one-third of the profit shall be divided by the amount wagered to show on the second finisher, such quotient being the profit per dollar wagered to show on such second finisher; and one-third of the profit shall be divided by the amount wagered to show on the third finisher, such quotient being the profit per dollar wagered to show on such third finisher. Payouts shall be return of amount wagered and profit thereon as to each of the first 3 finishers.

(1) In the event of a dead heat for first between 2 animals involving different wagering interests or 3 animals involving 3 different wagering interests, the show pool shall be distributed as if no dead heat occurred.

(2) In the event of a dead heat for second between 2 animals involving 2 different wagering interests, the show pool shall be distributed as if no dead heat occurred; if between 3 animals involving 2 or 3 wagering interests, one-third of the profit shall be allocated to wagers to show on the animal finishing first and the remaining two-thirds of the profit shall be divided equally by the number of wagering interests finishing in a dead heat for second for proportionate distribution on wagers to show for each wagering interest finishing in a dead heat for second.

(3) In the event of a dead heat for third between animals involving 2 or more wagering interests, two-thirds of the profit shall be allocated to wagers to show on the first 2 finishers, and the remaining one-third shall be divided equally by the number of the wagering interests finishing in a dead heat for third for proportionate distribution on wagers to show for each wagering interest finishing in a dead heat for third.

(4) In the event only 2 animals finish in a race, the show pool, if any, shall be distributed as if a place pool. If only one animal finishes, the place and show pools, if any, shall be distributed as if a win pool. If no animal finishes, all money wagered on the race shall be refunded upon presentation or surrender of pari-mutuel tickets sold.

(5) In the event no show ticket is sold on a animal which finishes first or second or third, then, the show pool shall be distributed as a place pool and distributed to the holders of show tickets on the animals finishing first, second or third.

History

• Cr. Register, July, 1990, No. 415, eff. 8-1-90.

Wis. Admin. Code § Game 9.06 Daily double wagering {#sec-game-9.06 omnilex-key=us-wi-regs-official--agency-game--Game 9.06}

The association shall deduct the amount wagered on the winning combination, such being the animal or wagering interest which finishes first in the first daily double race combined with the animal or wagering interest which finishes first in the second daily double race from the net pool to determine the profit; the profit is divided by the amount wagered on the winning combination, the quotient being the profit per dollar wagered on the winning daily double combination. Payout shall be the amount wagered and profit thereon.

(1) In the event of a dead heat for first involving 2 different wagering interests, in one of the 2 daily double races, the daily double pool shall be distributed as if a place pool, with half of the profit allocated to wagers combining the single winner of one daily double race and one of the wagering interests involved in the dead heat in the other daily double race with the other half of the profit allocated to wagers combining the single winner of one daily double race and the other wagering interest involved in the dead heat in the other daily double race.

(2) In the event of dead heats for first involving different wagering interests in each of the daily double races, resulting in 4, 6, or 9 winning combinations; profits shall be divided into a corresponding number of parts and calculated and distributed in the same manner as the show pool using the appropriate number of winning combinations in lieu thereof.

(3) If no ticket is sold combining both winners of the daily double, the net pool shall be apportioned between those having tickets including the winner of the first race of the daily double and those having tickets including the winner of the last race of the daily double, and shall be calculated and distributed as a place pool.

(4) If no ticket is sold including the winner of the first race of the daily double, the entire net pool shall be paid to the holders of tickets which include the winner of the last race of the daily double.

(5) If no ticket is sold including the winner of the last race of the daily double, the entire net pool shall be paid to the holders of tickets which include the winner of the first race of the daily double.

(6) If, after daily double wagering has commenced and an animal not coupled with another as a wagering interest in the daily double is excused by the stewards or is prevented from racing because of failure of the starting box to open properly, then daily double wagers combining such animal shall be deducted from the daily double pool and refunded upon presentation and surrender of daily double tickets.

(7) If, after the first race of the daily double has been run, and an animal not coupled with another as a wagering interest in the second race of the daily double is excused by the stewards or prevented from racing because of failure of the starting box to open properly, then daily double wagers combining the winner of the first daily double race with the animals prevented from racing in the second daily double race shall be allocated consolation payouts.

(a) Consolation daily double payouts shall be determined by dividing the net daily double pool by the amount wagered combining the winner of the first daily double race with every animal or wagering interest scheduled to start in the second daily double race, such quotient being the consolation payout per dollar wagered combining the winner of the first daily double race with the animal prevented from racing in the second daily double race;

(b) Consolation payouts shall be deducted from the net daily double pool before calculation and allocation of wagers on the winning daily double combination.

(8) If for any reason either daily double race is canceled or declared “no race” by the stewards, then the net daily double pool shall be distributed to wagering combinations which include the animal or wagering interest which finished first in the daily double race that is run.

(9) If no daily double ticket is sold requiring distribution, then the entire daily double pool shall be refunded upon presentation and surrender of daily double tickets.

History

• Cr. Register, July, 1990, No. 415, eff. 8-1-90.

Wis. Admin. Code § Game 9.07 Quiniela wagering {#sec-game-9.07 omnilex-key=us-wi-regs-official--agency-game--Game 9.07}

The association shall deduct the amount wagered on the winning combinations, being the first 2 finishers irrespective of which animal finishes first and which animal finishes second, from the net pool to determine the profit; the profit shall be divided by the amount wagered on the winning combination, such quotient being the profit per dollar wagered on the winning quiniela combination; payout shall be the amount wagered and profit.

(1) In the event of a dead heat for first: between animals involving 2 different wagering interests, the net quiniela pool shall be distributed as if no dead heat occurred; if between animals involving 3 different wagering interests, the net quiniela pool is distributed as if a show pool and shall be allocated to wagers combining any of the 3 animals finishing in a dead heat for first.

(2) In the event of a dead heat for second: between animals involving 2 different wagering interests, the net quiniela pool shall be distributed as if a place pool and allocated to wagers combining the first finisher with either animal finishing in a dead heat for second; if between animals involving 3 different wagering interests, the net quiniela pool shall be distributed as if a show pool and allocated to wagers combining the first animal with each of the three animals finishing in a dead heat for second.

(3) In the event no quiniela ticket is sold combining the first finisher with one of the animals finishing in a dead heat for second, then the net quiniela pool shall be allocated to wagers combining the first finisher with the other animal finishing in a dead heat for second.

(4) In the event no quiniela ticket is sold combining the first finisher with either of the animals finishing in a dead heat for second, then the net quiniela pool shall be allocated to wagers combining the 2 animals finishing in the dead heat for second.

(5) In the event no quiniela ticket is sold combining the first finisher with either of the animals finishing in a dead heat for second, or combining the 2 animals which finished in a dead heat for second, then the net quiniela pool shall be distributed as if a show pool shall be allocated to wagers combining any of the first 3 finishers with any other animals.

(6) In the event no quiniela ticket is sold combining the first 2 finishers, then the net quiniela pool shall be distributed as if a place pool and allocated to wagers combining the first finisher with any other animals and wagers combining the second finisher with any other animal.

(7) In the event no quiniela ticket is sold combining animals or wagering interests as would require distribution then the entire quiniela pool shall be refunded upon presentation and surrender of quiniela tickets thereon.

History

• Cr. Register, July, 1990, No. 415, eff. 8-1-90.

Wis. Admin. Code § Game 9.08 Exacta or perfecta wagering {#sec-game-9.08 omnilex-key=us-wi-regs-official--agency-game--Game 9.08}

The association may offer exacta or perfecta wagering and these rules shall apply to both. The association shall deduct the amount wagered on the winning combination, being the first 2 finishers in exact order as officially posted, from the net pool to determine the profit; the profit shall be divided by the amount wagered on the winning combination, such quotient being the profit per dollar wagered on the winning exacta combination; payout shall be the amount wagered and profit thereon.

(1) If no ticket is sold on the winning combination of an exacta pool, the net pool shall be distributed equally between holders of tickets selecting the winning animal to finish first and holders of tickets selecting the second place animal to finish second.

(2) In case of a dead heat between 2 animals for first place, the net exacta pool shall be calculated and distributed as a place pool to holders of tickets of the winning combinations. In case of a dead heat between 2 animals for second place, the exacta pool shall be figured as a place pool, the holders of tickets combining the winning animal and the 2 animals finishing second participating in the payout.

(3) In the event of a dead heat for second place, if no ticket is sold on one of the 2 winning combinations, the entire net pool shall be calculated as a win pool and distributed to those holding tickets on the other winning combination.

(4) If no tickets combine the winning animal with either of the place animals in the dead heat, the exacta pool shall be calculated and distributed as a place pool to holders of tickets representing any interest in the net pool.

(5) If no ticket is sold that would require distribution on an exacta pool as above defined, the association shall refund all tickets on the exacta pool.

History

• Cr. Register, July, 1990, No. 415, eff. 8-1-90.

Wis. Admin. Code § Game 9.09 Quiniela double pools {#sec-game-9.09 omnilex-key=us-wi-regs-official--agency-game--Game 9.09}

(1) The quiniela double requires selection of the first 2 finishers, irrespective of order, in each of 2 specified races. Quiniela double tickets shall be purchased for both of the 2 quiniela double races prior to the first of the 2 races, without any exchange of tickets between the first and second races.

(2) The net quiniela double pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

(a) If animals representing the same wagering interest finish as the first 2 finishers in either race, as a single price pool to those selecting the animals representing the same wagering interest combined with the next separate wagering interest in the official order of finish for that race, as well as the first 2 finishers in the corresponding quiniela double race, otherwise;

(b) As a single price pool to those who selected the first 2 finishers in each of the 2 quiniela double races. If there is no ticket selecting the first 2 finishers in each of the quiniela double races, then;

(c) As a single price pool to those who selected the first 2 finishers in the first quiniela double race. If there is no ticket selecting the first 2 finishers in the first quiniela double race, then;

(d) The entire pool shall be refunded on quiniela double wagers for those races.

(3) If there is a dead heat for first in either of the 2 quiniela double races involving:

(a) Animals representing the same wagering interest, the quiniela double pool shall be distributed to those selecting the animals representing the same wagering interest combined with the next separate wagering interest in the official order of finish for that race.

(b) Animals representing 2 wagering interests, the quiniela double pool shall be distributed as if no dead heat occurred.

(c) Animals representing 3 or more wagering interests, the quiniela double pool shall be distributed as a profit split.

(4) If there is a dead heat for second in either of the quiniela double races involving animals representing the same wagering interest, the quiniela double pool shall be distributed as if no dead heat occurred.

(5) If there is a dead heat for second in either of the quiniela double races involving animals representing 2 or more wagering interests, the quiniela double pool shall be distributed as a profit split.

(6) If a wagering interest in the first half of the quiniela double is scratched prior to the first quiniela double race being declared official, all money wagered on combinations including the scratched wagering interest shall be deducted from the quiniela double pool and refunded.

(7) If a wagering interest in the second half of the quiniela double is scratched prior to the close of wagering on the first quiniela double race, all money wagered on combinations including the scratched wagering interest shall be deducted from the quiniela double pool and refunded.

(8) If a wagering interest in the second half of the quiniela double is scratched after the close of wagering on the first quiniela double race, all wagers combining the winning combination in the first race with a combination including the scratched wagering interest in the second race shall be allocated a consolation payout. In calculating the consolation payout the net quiniela double pool shall be divided by the total amount wagered on the winning combination in the first race and an unbroken consolation price obtained. The broken consolation price is multiplied by the dollar value of wagers on the winning combination in the first race combined with a combination including the scratched wagering interest in the second race to obtain the consolation payout. Breakage is not declared in this calculation. The consolation payout is deducted from the net quiniela double pool before calculation and distribution of the winning quiniela double payout. In the event of a dead heat involving separate wagering interests, the net quiniela double pool shall be distributed as a profit split.

(9) If either of the quiniela double races is canceled prior to the first quiniela double race, or the first quiniela double race is declared no race, the entire quiniela double pool shall be refunded on quiniela double wagers for those races.

(10) If the second quiniela double race is canceled or declared no race after the conclusion of the first quiniela double race, the net quiniela double pool shall be distributed as a single price pool to wagers selecting the winning combination in the first quiniela double race. If there are no wagers selecting the winning combination in the first quiniela double race, the entire quiniela double pool shall be refunded on quiniela double wagers for those races.

History

• Cr. Register, July, 1990, No. 415, eff. 8-1-90; r. and recr. Register, December, 1994, No. 468, eff. 1-1-95.

Wis. Admin. Code § Game 9.10 Trifecta wagering {#sec-game-9.10 omnilex-key=us-wi-regs-official--agency-game--Game 9.10}

The association shall deduct the amount wagered on the winning combination, being the first 3 finishers in exact order as officially posted, from the net pool to determine the profit; the profit shall be divided by the amount wagered on the winning combination, such quotient being the profit per dollar wagered on the winning trifecta combination. The payout shall be both the amount wagered and the profit.

(1) If no ticket is sold on the winning combination, the profit shall be apportioned equally among the holders of tickets selecting the first and second place animals in exact order.

(2) If no ticket selecting the first and second animals is sold, the profit shall be apportioned equally among the holders of tickets selecting the animal finishing first.

(3) If a race on which there is trifecta wagering results in a dead heat for first place, the winning combinations shall include the first 2 animals as finishing in either first or second and the animal finishing third.

(4) If a race on which there is trifecta wagering results in a dead heat for second place, the winning combinations shall include the animal finishing first and the 2 animals finishing in a dead heat as finishing in either second or third.

(5) If a race on which there is trifecta wagering results in a dead heat for third place, the winning combinations shall include the animal finishing first, the animal finishing second and either of the animals finishing in a dead heat for third as finishing third.

(6) In all combinations described in subs. (3), (4) and (5), the profit shall be divided in separate pools, calculated as a place pool and paid off accordingly.

(7) If a race on which there is trifecta wagering results in a triple dead heat or double dead heat, the net pool shall be divided by the number of all such win, place and show combinations thus formed, calculated as separate pools and paid off accordingly.

(8) If an animal is scratched or declared a nonstarter, no trifecta tickets designating such an animal shall be issued. All tickets previously issued designating such animal shall be refunded and the money representing those tickets shall be deducted from the total pool.

(9) If no ticket is sold that would require distribution of the net trifecta pool to a winner as above defined, the association shall make a full refund of the net trifecta pool.

History

• Cr. Register, July, 1990, No. 415, eff. 8-1-90; CR 03-070: am. (2), r. (3) to (6), renum. (7) to (12) to be (3) to (8) and am. (6), cr. (9) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 9.11 Twin trifecta pools {#sec-game-9.11 omnilex-key=us-wi-regs-official--agency-game--Game 9.11}

(1) The twin trifecta requires selection of the first 3 finishers, in their exact order, in each of 2 designated races. After the official declaration of the first 3 wagering interests to finish in the first race of the twin trifecta, each patron holding a winning ticket shall, prior to the running of the second twin trifecta race, exchange the winning ticket for both the monetary value established by the mutuel department and a twin trifecta exchange ticket, and at that time shall select the 3 wagering interests to finish in the second race of the twin trifecta in order as officially posted. No twin trifecta exchange ticket for the second race shall be issued except upon surrender of the twin trifecta tickets from the first race as described in this section. Mutuel windows shall be open for the purpose of cashing and exchanging winning twin trifecta tickets only after the first half of the twin trifecta has been declared official. Twin trifecta tickets shall be sold in not less than $2 denominations; however, the association may elect to offer $1 twin trifecta wagers in multiple wagers, such as box, wheel, key or rundown, provided each transaction has a minimum value of $2.

(2) After wagering closes for the first half of the twin trifecta, the mutuel department shall divide the net distributable pool into separate pools of equal amount, or the association may divide the pools at a different percentage rate if approval is granted by the division. Requests for approval shall be in writing and shall be made at least 10 days prior to the proposed date of implementation. Approval may be granted if the following conditions are met:

(a) A successful tote test is completed;

(b) The public is notified 7 days prior to implementation; and

(c) The requested change is in the interest of the public.

(3) The monies in the first part of the divided pool shall be distributed to the holders of twin trifecta tickets selecting the first 3 animals, in order, on the first designated twin trifecta race.

(4) “First part of divided pool” means one half of the net distributable pool (or a percentage approved by the division) of the total monies wagered in the twin trifecta on the current program only and, specifically excluding any carryover of any special cumulative second race twin trifecta pool from any previous program.

(5) The second part of the divided pool shall be placed in a separate pool to be distributed to holders of second-half twin trifecta tickets selecting the first 3 animals, in order, on the second designated twin trifecta race.

(6) In the first twin trifecta race only, winning wagers shall be determined using the following precedence, based upon the official order of finish for the first twin trifecta race:

(a) As a single price pool to those whose combination finished in correct sequence as the first 3 wagering interests. If there is no ticket sold selecting the first 3 wagering interests in correct sequence, then;

(b) As a single price pool to those whose combination included, in correct sequence, the first 2 wagering interests. If there is no ticket sold selecting the first 2 wagering interests in correct sequence, then;

(c) As a single price pool to those whose combination correctly selected the first place wagering interest only. If there is no ticket sold correctly selecting the first place wagering interest only, then;

(d) The entire twin trifecta pool shall be refunded on twin trifecta wagers for that race and the second half shall be canceled.

(7) If no first-half twin trifecta ticket selects the first 3 finishers of that race in exact order, patrons holding winning tickets in accordance with sub. (6) (b) and (c) shall not receive any exchange tickets for the second-half twin trifecta pool. In such case, the second-half twin trifecta pool shall be retained and added to the twin trifecta carryover pool.

(8) Winning tickets from the first half of the twin trifecta in accordance with sub. (6) (a) shall be exchanged for tickets selecting the first 3 finishers of the second half of the twin trifecta. The second-half twin trifecta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish for the second twin trifecta race:

(a) As a single price pool, including the carryover pool, to those whose combination finished in correct sequence as the first 3 wagering interests. If there is no ticket sold selecting the first 3 wagering interests in correct sequence, then;

(b) The entire second-half twin trifecta pool for that race shall be added to the carryover pool and retained for the corresponding second-half twin trifecta pool of the next performance.

(9) If a winning first-half twin trifecta ticket is not presented for cashing and exchange prior to the second-half twin trifecta race, the ticket holder may still collect the monetary value associated with the first-half twin trifecta pool but forfeits all rights to any distribution of the second-half twin trifecta pool unless the second-half race is canceled, declared a “no race” or if the total number of wagering interests becomes less than the minimum.

(10) Both halves of the twin trifecta shall have at least 7 wagering interests. Prior to the running of the first half of the twin trifecta, if the total number of scheduled wagering interests become 6 or less for either half, the twin trifecta pool shall be canceled and a complete refund of the twin trifecta pool shall be performed upon presentation of valid twin trifecta tickets.

(11) If a wagering interest in the first half of the twin trifecta is scratched, the twin trifecta wagers including the scratched wagering interest shall be refunded.

(12) If a wagering interest in the second half of the twin trifecta is scratched, an announcement concerning the scratch shall be made and a reasonable amount of time shall be provided for exchange of tickets that include the scratched wagering interest. If tickets have not been exchanged prior to the close of wagering for the second twin trifecta race, the ticket holder forfeits all rights to the second-half twin trifecta pool unless the second-half race is canceled, declared a “no race” or if the total number of wagering interests becomes less than the minimum.

(13) After the first half of the twin trifecta and prior to the running of the second half of the twin trifecta, if the total number of scheduled wagering interests becomes 6 or less, the second half of the twin trifecta shall be canceled. In the event the second half of the twin trifecta is canceled, then all exchange tickets and outstanding first-half winning tickets shall be entitled to the second-half twin trifecta pool for that race as a single price pool, but not the twin trifecta carryover.

(14) If there is a dead heat or multiple dead heats in either the first or second half of the twin trifecta, all twin trifecta wagers selecting the correct order of finish, counting a wagering interest involved in a dead heat as finishing in any dead-heated position, shall be a winner. In the case of a dead heat occurring in:

(a) The first half of the twin trifecta, the payoff shall be calculated as a profit split. The method of calculation used by the association shall be prominently displayed in a conspicuous area of the grandstand or published in the program.

(b) The second half of the twin trifecta, the payoff shall be calculated as a single price pool. The method of calculation used by the association shall be prominently displayed in a conspicuous area of the grandstand or published in the program.

(15) If either of the twin trifecta races are canceled prior to the first twin trifecta race, or the first twin trifecta race is declared “no race,” the entire twin trifecta pool shall be refunded on twin trifecta wagers for that race and the second half shall be canceled.

(16) If the second-half twin trifecta pool or race is canceled or declared “no race,” all exchange tickets and outstanding first-half winning twin trifecta tickets shall be entitled to the net twin trifecta pool for that race as a single price pool, but not the twin trifecta carryover, except during the mandatory payout performance, in which all exchange tickets and outstanding first-half winning tickets are entitled to the jackpot carryover pool.

(17) The twin trifecta carryover may be capped at a designated level approved by the division so that if, at the close of any race performance, the amount in the twin trifecta “jackpot” carryover equals or exceeds the designated cap, the twin trifecta “jackpot” carryover shall be frozen until it is won or distributed under other provisions of this rule. After the second-half twin trifecta “jackpot” carryover is frozen, the association shall have the option to:

(a) Distribute 100% of the net twin trifecta pool for each individual race during each subsequent performance after the “jackpot” carryover is frozen and until distributed, to winners of the first half of the twin trifecta pool.

(b) Create a seed pool for the start of a second “jackpot” carryover from money designated for the second part of the divided pool from race performances in which the first “jackpot” is capped and allow for the capped first “jackpot” carryover to be distributed on a mandatory basis during a designated race performance. Money wagered into the twin trifecta pool during the designated mandatory distribution performance of the first “jackpot” carryover will not be allocated for the second “jackpot” carryover but shall be distributed along with the first “jackpot” carryover during the mandatory distribution performance. Upon the first “jackpot” carryover being distributed, all money allocated to the seed pool for the second “jackpot” carryover shall be converted to a new first “jackpot” carryover. If while seeding the second “jackpot” carryover from money designated for the second part of the divided pool from performances the first “jackpot” is capped, and the second “jackpot” carryover exceeds the designated cap amount, then the seeded second “jackpot” carryover shall continue to accumulate until converted to the first “jackpot” carryover, at which time it shall be immediately frozen. Upon conversion to the first “jackpot” carryover, and being capped, money designated for the second part of the divided pool shall be placed in a seed pool for the start of a second “jackpot” carryover and subsequently distributed under the provisions of this rule.

(c) Select a race performance or race day in which the capped “jackpot” will be distributed on a mandatory basis.

(18) A written request for permission to distribute the twin trifecta carryover on a specific performance may be submitted to the division. The request shall contain justification for the distribution, an explanation of the benefit to be derived, and the intended date and performance for the distribution. The association must notify the division 10 days prior to implementation. If the twin trifecta pool cannot be distributed during a designated performance, the mandatory distribution shall resume on the next scheduled mandatory distribution performance.

(19) If the twin trifecta carryover is designated for distribution on a specified date and performance, the following precedence shall be followed in determining winning tickets for the second half of the twin trifecta after completion of the first half of the twin trifecta:

(a) As a single price pool to those whose combination finished in correct sequence as the first 3 wagering interests. If there is no ticket sold selecting the first 3 wagering interests in correct sequence, then;

(b) As a single price pool to holders of valid exchange tickets from the first half of the twin trifecta. If there are no valid exchange tickets from the first half of the twin trifecta, then;

(c) As a single price pool to holders of outstanding first-half winning tickets.

(20) Contrary to sub. (7), during a performance designated to distribute the twin trifecta carryover, exchange tickets shall be issued for those combinations selecting the greatest number of wagering interests in their correct order of finish for the first half of the twin trifecta. If there are no wagers correctly selecting the first, second, and third place finishers, in their exact order, then exchange tickets shall be issued for combinations correctly selecting the first and second place wagering interests. If there are no wagers correctly selecting the first and second place finishers, in their exact order, then exchange tickets shall be issued for combinations correctly selecting the first place wagering interest only. If there are no wagers correctly selecting the first place wagering interest only in the first half of the twin trifecta, all first-half tickets shall become winners and shall receive 100% of that day’s net twin trifecta pool and the twin trifecta carryover as a single price pool.

(21) The twin trifecta carryover shall be designated for distribution on a specified date and performance only under the following circumstances:

(a) Upon written approval from the division as provided in sub. (18).

(b) Upon written approval from the division when there is a change in the carryover cap or when the twin trifecta is discontinued.

(c) On the closing performance of the meet or split meet.

(22) If the twin trifecta carryover is held over to the corresponding twin trifecta pool of a subsequent meet, the carryover shall be deposited in an interest-bearing account approved by the division. The twin trifecta carryover plus accrued interest shall then be added to the second-half twin trifecta pool of the following meet on a date and performance so designated by the division.

(23) No person may provide information to any person regarding covered combinations, amounts wagered on specific combinations, number of tickets sold, or number of valid exchange tickets until the second-half twin trifecta race is made official. This shall not prohibit necessary communication between totalizator and mutuel department employees for processing of pool data.

(24) The association shall obtain written approval from the division concerning the scheduling of twin trifecta races and the amount of any cap to be set on the carryover. Any changes to the approved twin trifecta format require a written request from the association and written approval from the division. Requests for approval shall be made at least 10 days prior to the proposed date of implementation. Approval may be granted if the following conditions are met:

(a) A successful tote test is completed;

(b) If the public is notified 7 days prior to implementation; and

(c) The requested change is in the interest of the public.

(25) Sale of twin trifecta tickets other than from pari-mutuel machines by licensed pari-mutuel clerks is prohibited.

(26) Twin trifecta wagering races shall be run consecutively.

History

• Cr. Register, July, 1990, No. 415, eff. 8-1-90; cr. (20), Register, May, 1993, No. 449, eff. 6-1-93; r. and recr. Register, December, 1994, No. 468, eff. 1-1-95; correction in (7) and (8) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; emerg. renum. (17) to be (17) (intro.) and am., cr. (17) (ac) to (c), eff. 8-25-95; renum. (17) to be (17) (intro.) and am., cr. (17) (a) to (c), Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § Game 9.12 Superfecta wagering {#sec-game-9.12 omnilex-key=us-wi-regs-official--agency-game--Game 9.12}

(1) The superfecta shall combine four animals in a single race by selecting the four animals that will subsequently finish first, second, third and fourth in that race. Payment of the ticket shall be made only to the purchaser who has selected the same order of finish as officially posted.

(2) The superfecta shall be calculated as an entirely separate pool.

(3) Superfecta tickets shall be sold in not less than $2.00 denominations; however, the association may elect to offer $1.00 superfecta wagers in multiple wagers such as box, wheel, key or rundown provided each transaction has a minimum value of $2.00.

(4) In races with superfecta wagering, if there is a failure to select, in exact order, the first 4 animals, payouts shall be made on superfecta tickets in the following order of priority:

(a) Tickets selecting the first, second, and third finishers in that order, 1-2-3-all. If no ticket is sold selecting the first, second, and third finishers in that order, then;

(b) Tickets selecting the first and second finishers in that order, 1-2-all-all. If no ticket is sold selecting the first, and second finishers in that order, then;

(c) Tickets selecting the first finisher, 1-all-all-all.

(5) If no ticket is sold that would require distribution of the net superfecta pool to a winner as above defined, the association shall make a full refund of the net superfecta pool.

(6) In the event of a dead heat or heats, all superfecta tickets selecting the correct order of finish, counting an animal in a dead heat as finishing in either position dead heated, shall be winning tickets. The payout shall be calculated as a place pool.

(7) In the event of a scratch in the superfecta race no exchanges shall be made. All tickets which include the scratched animals shall be eliminated from further participation in the superfecta pool and shall be refunded.

(8) Superfecta tickets shall be sold only by the association through pari-mutuel machines programmed to print all selections on one ticket.

(9) Each association using this form of wagering shall post a reprint of the rule in bold print at conspicuous locations throughout the association’s public areas. The locations of the posted rules shall appear in the program.

History

• Cr. Register, July, 1990, No. 415, eff. 8-1-90; r. and recr. (4), Register, May, 1993, No. 449, eff. 6-1-93; emerg. cr (4) (gc), (gm) and (gs), eff. 8-25-95; cr. (4), (gc), (gm), and (gs), Register, January, 1996, No. 481, eff. 2-1-96; CR 03-070: am. (4) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 9.13 Pick (N) wagering {#sec-game-9.13 omnilex-key=us-wi-regs-official--agency-game--Game 9.13}

(1) Each person participating in a Pick (N) pool shall select the winning animal in (N) consecutive races designated by the association. The number of contests so designated shall be greater than 2. Once an association has decided the number of contests comprising the Pick (N), it may not change that number in the middle of a meet without prior approval of the division. The contests so designated comprise the Pick (N) for that performance. The association shall issue the Pick (N) participant a ticket which shall reflect the participant’s selections in the designated contests.

(2) A validly issued Pick (N) ticket timely surrendered to the association by the legal holder thereof shall be the only evidence of a person’s participation in a Pick (N) pari-mutuel pool. The acceptance of a Pick (N) ticket by taking an issued ticket away from the window or terminal from which it is purchased shall constitute an acknowledgement by the purchaser of the correctness of the ticket, and each purchaser of a Pick (N) ticket agrees to be bound by the terms and provisions of this requirement, other division rules and regulations notwithstanding. Neither the association, totalizator company nor the state of Wisconsin shall be liable to any person for any ticket which is not a winning ticket in accordance with the provisions of this rule nor shall they, or any of them, be liable to any person for any Pick (N) ticket not delivered for any reason, including but not limited to, mechanical malfunction, electrical failure, machine locking, or other cause.

(3) The Pick (N) pool shall operate as follows:

(a) Pick (N) with carryover.

1. The Pick (N) pool shall consist of 2 separate and distinct pari-mutuel pools. At the option of the association, 50% or 75% of the gross amount of all sums wagered on Pick (N) tickets on each performance shall be paid into the pari-mutuel pool to be known as the “Jackpot.” The remaining 50% or 25% of the gross amounts of all sums wagered on Pick (N) tickets for that performance shall be paid into a pari-mutuel pool to the known as the “Super (N).” The association shall notify the division in writing before the beginning of each race meet of its decision as to which one of the Pick (N) wagering and gross amount splits has been selected. Once the meet begins, no changes shall be allowed without written approval of the division.

2. The Super (N) and Jackpot, if any, shall be distributed as a single price pool to those who selected the first-place finisher in each of the Pick (N) contests, based upon the official order of finish. If there are no wagers which selected the first-place finisher in each of the races comprising the Pick (N) , then the Super (N) shall be distributed as a single price pool to those who selected the first-place finisher in the greatest number of Pick (N) contests.

(b) Pick (N) with minor pool and carryover.

1. The Pick (N) pool shall consist of 3 separate and distinct pari-mutuel pools. At the option of the association, 50% or 75% of the gross amount of all sums wagered on Pick (N) tickets on each performance shall be paid into the pari-mutuel pool to be known as the “Jackpot”. The remaining 50% or 25% of the gross amounts of all sums wagered on Pick (N) tickets for that performance shall be paid into 2 pari-mutuel pools to be known as the “Super (N)” and “Consolation” in percentages established by the association equal to 50% or 25% of the gross amounts not paid into the Jackpot. The association shall notify the division in writing before the beginning of each race meet of its decision as to which one of the Pick (N) wagering and gross amount splits has been selected. Once the meet begins, no changes shall be allowed without written approval of the division.

2. The Super (N) and Jackpot, if any, shall be distributed as a single price pool to those who selected the first-place finisher in each of the Pick (N) contests, based upon the official order of finish. The Consolation shall be distributed to those who selected the first-place finisher in the second greatest number of Pick (N) contests, based upon the official order of finish. If there are no wagers selecting the first-place finisher of all Pick (N) contests, the Consolation shall be distributed as a single price pool to those who selected the first-place finisher in the greatest number of Pick (N) contests; and the Super N share shall be added to the carryover.

(c) Pick (N) with no minor pool and no carryover. The net Pick (N) pool shall be distributed as a single price pool to those who selected the first-place finisher in the greatest number of Pick (N) contests, based upon the official order of finish. If there are no winning wagers, the pool is refunded.

(d) Pick (N) with minor pool and no carryover-greatest correct.

1. The Pick (N) pool shall consist of 2 separate and distinct pari-mutuel pools. At the option of the association, 50% or 75% of the gross amount of all sums wagered on Pick (N) tickets on each performance shall be paid into the pari-mutuel pool to be known as the “Super (N)”. The remaining 50% or 25% of the gross amounts of all sums wagered on Pick (N) tickets for that performance shall be paid into the pari-mutuel pool to be known as the “Consolation”. The association shall notify the division in writing before the beginning of each race meet of its decision as to which one of the Pick (N) wagering and gross amount splits has been selected. Once the meet begins, no changes shall be allowed without written approval of the division.

2. The Super N shall be distributed to those who selected the first place finisher in the greatest number of Pick (N) contests, based upon the official order of finish. The Consolation pool shall be distributed to those who selected the first-place finisher in the second greatest number of Pick (N) contests, based upon the official order of finish. If there are no wagers selecting the first-place finisher in a second greatest number of Pick (N) contests, the Consolation pool shall be combined with the Super (N) for distribution as a single price pool to those who selected the first-place finisher in the greatest number of Pick (N) contests. If the greatest number of first-place finishers selected is one, the Super (N) and Consolation are combined for distribution as a single price pool. If there are no winning wagers, the pool is refunded.

(e) Pick (N) with minor pool and no carryover-all correct.

1. The Pick (N) pool shall consist of 2 separate and distinct pari-mutuel pools. At the option of the association, 50% or 75% of the gross amount of all sums wagered on Pick (N) tickets on each performance shall be paid into the pari-mutuel pool to be known as the “Super (N)”. The remaining 50% or 25% of the gross amounts of all sums wagered on Pick (N) tickets for that performance shall be paid into the pari-mutuel pool to be known as the “Consolation”. The association shall notify the division in writing before the beginning of each race meet of its decision as to which one of the Pick (N) wagering and gross amount splits has been selected. Once the meet begins, no changes shall be allowed without written approval of the division.

2. The Super (N) pool shall be distributed to those who selected the first-place finisher in each of the Pick (N) contests, based upon the official order of finish. The Consolation pool shall be distributed to those who selected the first-place finisher in the second greatest number of Pick (N) contests, based upon the official order of finish. If there are no wagers selecting the first-place finisher in all Pick (N) contests, the entire net Pick (N) pool shall be distributed as a single price pool to those who selected the first-place finisher in the greatest number of Pick (N) contests.

(4) In the event of a dead heat for win between 2 or more animals in any Pick (N) race, all such animals in the dead heat for win shall be considered as the winner in the race for the purpose of distributing the Jackpot, Consolation, and Super (N) pools.

(5) Once the first contest of the contests comprising the Pick (N) in any performance has begun, and until the last of the contests is concluded, the association shall not report to the public, to any of the association’s employees or to any other person, the number of tickets sold, total dollars wagered, or the number of tickets with potential to win the Pick (N) or any information whatsoever about such tickets. Furthermore, the totalizator system shall be constructed or programmed to suppress the publication or printing of any such information from the beginning of the first contest until the conclusion of the last of the contest comprising the Pick (N) in any one performance except for the total dollars wagered in the Pick (N) pool.

(6) No pari-mutuel ticket for Pick (N) shall be sold, exchanged or canceled after the time of the close of mutuel windows for wagering in the first of the contests comprising the Pick (N), except for such refunds on Pick (N) tickets as are required under this rule.

(7) Any payment in excess of $100,000 from any Pick (N) pool must be paid by a company check or certified check.

(8) Each jackpot pool shall have a cap that the Jackpot and Super (N) pools may not exceed. Prior to the opening of a meet the association shall declare a cap for the Jackpot and Super (N) pools. Once the association has elected a cap the association shall not alter the cap without providing the division with prior written notice. If, at the close of any performance the amount accumulated in the Jackpot or Super (N) pools equals or exceeds the cap, then at such time, the Jackpot or Super (N) pools shall be frozen until it is won under the other provisions of this section. Thereafter, the Jackpot or Super (N) pools are frozen under these provisions and 100% of all subsequent contributions shall go to the Super (N) pool and be distributed accordingly. Nothing herein shall affect the total distribution of both pools on the closing day of any meet or portion of a split meet.

(9) Prior to the opening of a meet at which a Pick (N) wager will be offered, the association may elect to force an early payout of the Jackpot or Super (N) pools, as allowed by this rule and in no other manner. The election shall be made by informing the division in writing prior to the opening of the meet of the association’s intent to force an early payout if the conditions of this rule for an early payout are met. If the election is made, then an early payout of the Jackpot or Super (N) pools shall be made as follows. Within 24 hours after the Jackpot or Super (N) pools reaches their cap, the association shall designate the performance at which the early payout shall be made by informing the division in writing of the designated performance. The designated performance shall be no sooner than 6 calendar days after the cap is reached and no later than 13 calendar days after the cap is reached. If at the conclusion of the last contest comprising the Pick (N) of the designated performance, no wager has won the Jackpot or Super (N) pools, then the funds in the Jackpot or Super (N) pools shall be transferred to the Super (N) pool for the designated performance and distributed in the manner in which the Super (N) pool is distributed.

History

• Cr. Register, July, 1990, No. 415, eff. 8-1-90; CR 03-070: am. (1), (4), (8), (9), r. and recr. (3), Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 9.14 Tri-superfecta pools {#sec-game-9.14 omnilex-key=us-wi-regs-official--agency-game--Game 9.14}

(1) The tri-superfecta requires selection of the first 3 finishers, in their exact order, in the first of 2 designated races and the first 4 finishers, in exact order, in the second of the 2 designated races. After the official declaration of the first 3 wagering interests to finish in the first race of the tri-superfecta, each patron holding a winning ticket shall, prior to the running of the second tri-superfecta race, exchange the winning ticket for both the monetary value established by the mutuel department and a tri-superfecta exchange ticket, and at that time shall select the 4 wagering interests to finish in the second race of the tri-superfecta in order as officially posted. No tri-superfecta exchange ticket for the second race shall be issued except upon surrender of the tri-superfecta tickets from the first race as described in this section. Mutuel windows shall be open for the purpose of cashing and exchanging winning tri- superfecta tickets only after the first half of the tri-superfecta has been declared official. Tri-superfecta tickets shall be sold in not less than $2 denominations; however, the association may elect to offer $1 tri-superfecta wagers in multiple wagers, such as box, wheel, key or rundown, provided each transaction has a minimum value of $2.

(2) After wagering closes for the first half of the tri-superfecta, the mutuel department shall divide the net distributable pool into separate pools of equal amount, or the association may divide the pools at a different percentage rate if approval is granted by the division. Requests for approval shall be in writing and shall be made at least 10 days prior to the proposed date of implementation. Approval may be granted if the following conditions are met:

(a) A successful tote test is completed;

(b) The public is notified 7 days prior to implementation; and

(c) The requested change is in the interest of the public.

(3) The monies in the first part of the divided pool shall be distributed to the holders of tri-superfecta tickets selecting the first 3 animals, in order, on the first designated tri-superfecta race.

(4) “First part of the divided pool” means one half of the net distributable pool (or a percentage approved by the division) of the total monies wagered in the tri- superfecta on the current program only and, specifically excluding any carryover of any special cumulative second race tri-superfecta pool, from any previous program.

(5) The second part of the divided pool shall be placed in a separate pool to be distributed to the holders of second-half tri-superfecta tickets selecting the first 4 animals, in order, on the second designated tri-superfecta race.

(6) In the first tri-superfecta race only, winning wagers shall be determined using the following precedence, based upon the official order of finish for the first tri-superfecta race:

(a) As a single price pool to those whose combination finished in correct sequence as the first 3 wagering interests. If there is no ticket sold selecting the first 3 wagering interests in correct sequence, then;

(b) As a single price pool to those whose combination included, in correct sequence, the first 2 wagering interests. If there is no ticket sold selecting the first 2 wagering interests in correct sequence, then;

(c) As a single price pool to those whose combination correctly selected the first place wagering interest only. If there is no ticket sold correctly selecting the first place wagering interest only, then;

(d) The entire tri-superfecta pool shall be refunded on tri-superfecta wagers for that race and the second half shall be canceled.

(7) If no first-half tri-superfecta ticket selects the first 3 finishers of that race in exact order, patrons holding winning tickets in accordance with sub. (6) (b) and (c) shall not receive any exchange tickets for the second-half tri-superfecta pool. In such case, the second-half tri-superfecta pool shall be retained and added to the tri-superfecta carryover pool.

(8) Winning tickets from the first half of the tri-superfecta in accordance with sub. (6) (a) shall be exchanged for tickets selecting the first 4 finishers of the second half of the tri-superfecta. The second-half tri-superfecta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish for the second tri-superfecta race:

(a) As a single price pool, including the carryover pool, to those whose combination finished in correct sequence as the first 4 wagering interests. If there is no ticket sold selecting the first 4 wagering interests in correct sequence, then;

(b) The entire second-half tri-superfecta pool for that race shall be added to the carryover pool and retained for the corresponding second-half tri-superfecta pool of the next performance.

(9) If a winning first-half tri-superfecta ticket is not presented for cashing and exchange prior to the second-half tri-superfecta race, the ticket holder may still collect the monetary value associated with the first-half tri-superfecta pool but forfeits all rights to any distribution of the second-half tri-superfecta pool unless the second-half race is canceled, declared a “no race” or if the total number of wagering interests becomes less than the minimum.

(10) Both halves of the tri-superfecta shall have at least 7 wagering interests. Prior to the running of the first half of the tri-superfecta, if the total number of scheduled wagering interests become 6 or less for either half the tri-superfecta pool shall be canceled and a complete refund of the tri-superfecta pool shall be performed upon presentation of valid tri-superfecta tickets.

(11) If a wagering interest in the first half of the tri-superfecta is scratched, the tri-superfecta wagers including the scratched wagering interest shall be refunded.

(12) If a wagering interest in the second half of the tri-superfecta is scratched, an announcement concerning the scratch shall be made and a reasonable amount of time shall be provided for exchange of tickets that include the scratched wagering interest. If tickets have not been exchanged prior to the close of wagering for the second tri-superfecta race, the ticket holder forfeits all rights to the second-half tri-superfecta pool, unless the second-half race is canceled, declared a “no race,” or if the total number of wagering interests becomes less than the minimum.

(13) After the first half of the tri-superfecta and prior to the running of the second half of the tri-superfecta, if the total number of scheduled wagering interests becomes 6 or less, the second half of the tri-superfecta shall be canceled. In the event the second half of the tri-superfecta is canceled, then all exchange tickets and outstanding first-half winning tickets shall be entitled to the second-half tri-superfecta pool for that race as a single price pool, but not the tri-superfecta carryover.

(14) If there is a dead heat or multiple dead heats in either the first or second half of the tri-superfecta, all tri-superfecta tickets selecting the correct order of finish, counting a wagering interest involved in a dead heat as finishing in any dead-heated position, shall be a winner. In the case of a dead heat occurring in:

(a) The first half of the tri-superfecta, the payoff shall be calculated as a profit split. The method of calculation used by the association shall be prominently displayed in a conspicuous area of the grandstand or published in the program.

(b) The second half of the tri-superfecta, the payoff shall be calculated as a single price pool. The method of calculation used by the association shall be prominently displayed in a conspicuous area of the grandstand or published in the program.

(15) If either of the tri-superfecta races are canceled prior to the first tri-superfecta race, or the first tri-superfecta race is declared “no race,” the entire tri-superfecta pool shall be refunded on tri-superfecta wagers for that race and the second half shall be canceled.

(16) If the second-half tri-superfecta pool or race is canceled or declared “no race,” all exchange tickets and outstanding first-half winning tri-superfecta tickets shall be entitled to the net tri-superfecta pool for that race as a single price pool, but not the tri-superfecta carryover, except during the mandatory payout performance, in which all exchange tickets and outstanding first-half winning tickets are entitled to the jackpot carryover pool.

(17) The tri-superfecta carryover may be capped at a designated level approved by the division so that if, at the close of any race performance, the amount in the tri-superfecta “jackpot” carryover equals or exceeds the designated cap, the tri-superfecta “jackpot” carryover shall be frozen until it is won or distributed under other provisions of this rule. After the second-half tri-superfecta “jackpot” carryover is frozen, the association shall have the option to:

(a) Distribute 100% of the net tri-superfecta pool for each individual race during each subsequent performance after the “jackpot” carryover is frozen and until distributed, to winners of the first half of the tri-superfecta pool.

(b) Create a seed pool for the start of a second “jackpot” carryover from money designated for the second part of the divided pool from race performances in which the first “jackpot” is capped and allow for the capped first “jackpot” carryover to be distributed on a mandatory basis during a designated race performance. Money wagered into the tri-superfecta pool during the designated mandatory distribution performance of the first “jackpot” carryover will not be allocated for the second “jackpot” carryover, but shall be distributed along with the first “jackpot” carryover during the mandatory distribution performance. Upon the first “jackpot” carryover being distributed, all money allocated to the seed pool for the second “jackpot” carryover shall be converted to a new first “jackpot” carryover. If while seeding the second “jackpot” carryover from money designated for the second part of the divided pool from race performances the first “jackpot” is capped, and the second “jackpot” carryover exceeds the designated cap amount, then the seeded second “jackpot” carryover shall continue to accumulate until converted to the first “jackpot” carryover, at which time it shall be immediately frozen. Upon conversion to the first “jackpot” carryover, and being capped, money designated for the second part of the divided pool shall be placed in a seed pool for the start of a second “jackpot” carryover and subsequently distributed under the provisions of this rule.

(c) Select a race performance or race day in which the capped “jackpot” will be distributed on a mandatory basis.

(18) A written request for permission to distribute the tri-superfecta carryover on a specific performance may be submitted to the division. The request shall contain justification for the distribution, an explanation of the benefit to be derived, and the intended date and performance for the distribution. The association must notify the division 10 days prior to implementation. If the tri-superfecta pool cannot be distributed during a designated performance, the mandatory distribution shall resume on the next scheduled mandatory distribution performance.

(19) If the tri-superfecta carryover is designated for distribution on a specified date and performance, the following precedence shall be followed in determining winning tickets for the second half of the tri-superfecta after completion of the first half of the tri-superfecta:

(a) As a single price pool to those whose combination finished in correct sequence as the first 4 wagering interests. If there is no ticket sold selecting the first 4 wagering interests in correct sequence, then;

(b) As a single price pool to holders of valid exchange tickets from the first half of the tri-superfecta. If there are no valid exchange tickets from the first half of the tri- superfecta, then;

(c) As a single price pool to holders of outstanding first-half winning tickets.

(20) Contrary to sub. (7), during a performance designated to distribute the tri-superfecta carryover, exchange tickets shall be issued for those combinations selecting the greatest number of wagering interests in their correct order of finish for the first half of the tri-superfecta. If there are no wagers correctly selecting the first, second, and third place finishers, in their exact order, then exchange tickets shall be issued for combinations correctly selecting the first and second place wagering interests. If there are no wagers correctly selecting the first and second place finishers, in their exact order, then exchange tickets shall be issued for combinations correctly selecting the first place wagering interest only. If there are no wagers correctly selecting the first place wagering interest only in the first half of the tri-superfecta, all first-half tickets shall become winners and shall receive 100% of that day’s net tri-superfecta pool and the tri-superfecta carryover as a single price pool.

(21) The tri-superfecta carryover shall be designated for distribution on a specified date and performance only under the following circumstances:

(a) Upon written approval from the division as provided in sub. (18).

(b) Upon written approval from the division when there is a change in the carryover cap or when the tri-superfecta is discontinued.

(c) On the closing performance of the meet or split meet.

(22) If the tri-superfecta carryover is held over to the corresponding tri-superfecta pool of a subsequent meet, the carryover shall be deposited in an interest-bearing account approved by the division. The tri-superfecta carryover plus accrued interest shall then be added to the second-half tri-superfecta pool of the following meet on a date and performance so designated by the division.

(23) No person may provide information to any person regarding covered combinations, amounts wagered on specific combinations, number of tickets sold, or number of valid exchange tickets until the second-half tri-superfecta race is made official. This shall not prohibit necessary communication between totalizator and mutuel department employees for processing of pool data.

(24) The association shall obtain written approval from the division concerning the scheduling of tri-superfecta races and the amount of any cap to be set on the carryover. Any changes to the approved tri-superfecta format require a written request from the association and written approval from the division. Requests for approval shall be made at least 10 days prior to the proposed date of implementation. Approval may be granted if the following conditions are met:

(a) A successful tote test is completed;

(b) If the public is notified 7 days prior to implementation; and

(c) The requested change is in the interest of the public.

(25) Sale of tri-superfecta tickets other than from pari-mutuel machines by licensed pari-mutuel clerks is prohibited.

(26) Tri-superfecta wagering races shall be run consecutively.

History

• Cr. Register, July, 1990, No. 415, eff. 8-1-90; r. and recr. Register, December, 1994, No. 468, eff. 1-1-95; correction in (7) and (8) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; emerg. renum (17) to be (17) (intro.) and am., cr. (17) (a) to (c), eff. 8-25-95; renum. (17) to be (17) (intro.) and am., cr. (17) (a) to (c), Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § Game 9.16 Simulcast {#sec-game-9.16 omnilex-key=us-wi-regs-official--agency-game--Game 9.16}

All rules of the division pertaining to wagering pools apply to all simulcast races on which wagering in Wisconsin is to be conducted, except as provided in this section. No wagering shall be conducted on a simulcast race unless prior written approval from the division has been obtained. Each licensee requesting approval shall submit, with the request, the procedures for accommodating wagering on entries and fields in the race(s) to be simulcast. These procedures shall also be approved by the division prior to the simulcast of the race.

History

• Cr. Register, July, 1990, No. 415, eff. 8-1-90.

Wis. Admin. Code § Game 9.17 Approval of deductions {#sec-game-9.17 omnilex-key=us-wi-regs-official--agency-game--Game 9.17}

A licensee under s. 562.05 (1) (b), Stats., shall deduct from the total amount wagered on all animals selected each race, amounts set forth in s. 562.065 (3) (a), Stats., for win, place, show and multiple pool wagers and pay the balance minus breakage to winning ticket holders. The deduction rates shall receive prior approval from the division and will be effective on the Tuesday following receipt of approval or on a date set by the division. Deduction rates shall be published in either the daily race program or posted in a prominent location at the racetrack during each race performance.

History

• Emerg. cr. eff. 8-25-95; cr. Register, January, 1996, No. 481, eff. 2-1-96.

Chapter Game 10 TOTALIZATOR OPERATIONS

Wis. Admin. Code § Game 10.01 Purpose {#sec-game-10.01 omnilex-key=us-wi-regs-official--agency-game--Game 10.01}

This section governs supervision of the pari-mutuel wagering system, collection of taxes prescribed in the act and protection of the wagering public.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 10.02 Definitions {#sec-game-10.02 omnilex-key=us-wi-regs-official--agency-game--Game 10.02}

(1) “Canceled ticket” means a ticket which represents a wager which has been canceled and withdrawn from the pari-mutuel pools.

(2) “Cashed ticket” means any pari-mutuel ticket which is refunded or which is presented for payment of a winning wager and is paid.

(3) “Cashier accounting” means the record of teller activity by transaction and time of transaction.

(4) “Central processing unit” or “CPU” means the main computer which controls and stores both programs and data.

(5) “Computer log library” means a record of all operator initiated actions of the transaction processor.

(6) “Console” means the totalizator status monitor which displays current race pool status information.

(7) “Issued ticket” means a wager for which the ticket issuing machine produced a hard copy.

(7m) “Magnetic tape” means all magnetic media.

(8) “Refunded ticket” means a ticket which has been refunded for the value of a wager that is no longer valid.

(9) “Ticket issuing machine” or “TIM” means a machine which prints hard copies of wagers.

(10) “Totalizator system licensee” means any person, corporation or company which operates totalizator equipment and is licensed by the division.

(11) “Tote room” means the room at a race track in which the totalizator system’s computer is housed.

(12) “Utilities” means the programs that are provided by computer vendors to perform tasks such as duplication of program tapes, modification of master files, and access to passwords.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; cr. (7m), Register, July, 1990, No. 415, eff. 8-1-90.

Wis. Admin. Code § Game 10.03 System failure {#sec-game-10.03 omnilex-key=us-wi-regs-official--agency-game--Game 10.03}

If, for any reason, during the course of a racing program the totalizator system is unable to record wagers received from the public or guarantee the integrity of the pari-mutuel pools, the totalizator system licensee shall advise the mutuel manager who shall then immediately notify the stewards. The totalizator system licensee shall keep the stewards advised of its efforts to correct the problem and, if said licensee is unable to correct the problem, it shall so advise the stewards. After consultation with the association, the stewards may order the cancellation of wagering for the race or program and the refund of the affected wagers. The stewards, after consultation with the association may permit some or all of the remaining races to be contested as wagerless exhibitions, after taking into consideration factors including, but not limited to, the purses, the amount of wagering, and the time required to make repairs to the totalizator system.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (3) (c), Register, July, 1990, No. 415, eff. 8-1-90; CR 03-070: r. (1), (2), (3) and (5), renum. (4) to be Game 10.03 and am. Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 10.04 Procedures and reports required of associations {#sec-game-10.04 omnilex-key=us-wi-regs-official--agency-game--Game 10.04}

(1) Cashed tickets. Each association shall maintain facilities and enforce procedures which ensure the security of cashed tickets and the integrity of outstanding ticket records. Such security requirements shall include, but not be limited to, the following:

(a) Access of all totalizator employees to cashed tickets storage areas shall be prohibited;

(b) Cashed tickets shall be maintained in a 2 hour fire resistant facility unless other comparable fire protection is installed and operable;

(c) Cashed and canceled tickets shall be maintained until 60 days after the payment of any outs money due the state for the race meet for which the ticket was purchased, unless the division directs, in writing, that the association continue to retain the tickets specified for the purpose of conducting an investigation or audit;

(d) Cashed ticket storage facilities shall be secured by a locking system;

(e) Only the mutuel manager or designee shall have access to cashed ticket storage areas for outstanding ticket records and uncashed ticket records; and

(f) Access to magnetic log tapes or comparable medium and the computer log library tapes by the mutuel manager and employees of the mutuel department shall be prohibited. The possession of magnetic log tapes and computer log library tapes shall be retained by associations for a period of 6 months from the end of the race meet.

(2) Summary of operators. The mutuel manager of the association shall prepare a summary of the pari-mutuel operations report for each racing program to be submitted to the division auditor daily. This shall serve as the original record of wagering activities at the racetrack.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (1) (f), Register, July, 1990, No. 415, eff. 8-1-90; CR 03-070: am. (1) (c) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 10.05 Mutuel tickets {#sec-game-10.05 omnilex-key=us-wi-regs-official--agency-game--Game 10.05}

(1) Marking of tickets. To prevent re-entry in the pari-mutuel system for duplicate cashing, the association shall cause each cashed or refunded ticket to be marked in a manner which will not destroy the identity of the ticket but will indicate that it has been cashed, or so indicated by computer imprint.

(2) Status of outs account. The association shall make available to the division auditor each racing program a computer print-out of outstanding tickets cashed during the previous racing program and, at the request of the division auditor, produce, subject to the limitation in s. Game 10.04 (1) (c), the actual tickets requested which were cashed during a particular program.

(4) Records of refunds and cancellations. The seller or cashier or both shall retain and account for all refunded or canceled tickets. These refunded or canceled tickets will be retained by the association, in the manner prescribed in s. Game 10.04 (1). In the case of a request for an extension, as detailed in s. Game 10.04 (1), the tickets shall be retained until all audit tests have been completed and the administrator issues a letter allowing for the disposal of such tickets and records. If a refunded or canceled ticket is not available for inspection then sufficient supporting documentation, in the form of a seller cashier history shall be available upon request. In no event shall a refunded mutuel ticket which has been removed from the totalizator system by a key commission entry be accepted by the division auditor as a record of payment unless the actual hard copy ticket is presented during the audit.

(5) Computer print-outs. Each association shall make available to the division auditor for inspection and review all computer printouts generated by the totalizator system and shall upon request supply the division auditor with copies of such printouts.

(6) Additional method of calculation. If any written method of calculation or check-up, in addition to the computer printouts specified in sub. (5) is used or undertaken by the association, exact copies of all such calculations or check-ups shall be delivered by the association to the division auditor as soon as possible after each race.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (2), Register, July, 1990, No. 415, eff. 8-1-90; corrections in (2) and (4) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; CR 03-070: r. (3) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 10.06 Mutuel facilities; tickets; specification requirements and procedures {#sec-game-10.06 omnilex-key=us-wi-regs-official--agency-game--Game 10.06}

(1) No reduction in capacity. An association shall not change a totalizator system if the change will reduce the functional capacity of the system without prior division approval.

Note: An example of a decrease in functional capacity is going from a cash/sell system to a sell only system.

(2) Totalizators. Each association shall use ticket issuing machines, linked to a computer based totalizator system, that shall:

(a) Record the progressive, aggregate, and final total in dollars wagered in each pool and on each entry or mutuel field;

(b) Compute the approximate and final odds in the win pool for each entry in each race at intervals not greater than 60 seconds and relay those odds to the infield display board and to other display devices;

(c) Compute commissions and breaks;

(d) Compute the payout prices.

(3) Final confirmation. For the purpose of confirming the final record of pari-mutuel sales for each race each association and totalizator licensee shall, for each wagering pool, obtain a computer printout or store on magnetic media the following information for each ticket issuing machine for 6 months:

(a) The total dollars wagered on each entry; and

(b) The combination of entries.

(4) Locking devices. Each totalizator licensee shall provide for the purpose of locking ticket issuing machines at the start of each race:

(a) One device located within the stewards’ stands; and

(b) One device located in the tote room for use as an emergency locking device.

(5) Control of locking devices. The locking control device referred to in sub. (4) shall be controlled by a division steward. This device shall disable all ticket issuing machines from issuing tickets instantaneously. The execution of the locking control device shall be noted by the ringing of the off-bell. It shall be the ultimate responsibility of the mutuel department representative to assure that “stop wagering” meaning a cessation of all wagering, occurs. In no event shall the association allow bets to be accepted or tickets to be canceled after the relevant stop wagering command has been issued.

(6) Accounting for individual tickets. For the purpose of accounting of individual tickets, each association shall cause each ticket to be identified by a unique computer generated ticket number.

(7) Tickets. The association shall cause every issued ticket to have printed on it:

(a) The name of the race track;

(b) The number of the race;

(c) The uniquely assigned computer generated ticket number;

(d) The date the ticket was issued;

(e) The date for which the ticket is issued;

(f) When appropriate, the designation of either matinee or night program;

(g) The number of the TIM or window location;

(h) The type of pool;

(i) The number of each entry;

(j) The denomination of each bet; and

(k) The total dollar amount of each ticket.

(L) The date the ticket expires.

(8) Security for totalizator equipment. Each totalizator system licensee shall ensure the presence of a security system for the facilities housing the totalizator computers when such equipment is located on association grounds or off-site. The security system shall be provided by the association when totalizator equipment is housed on the grounds of the association. The security system shall be provided by the totalizator system licensee when totalizator equipment is housed outside of association grounds. Such security system shall include:

(a) All entry and exit doors to the computer room shall be locked when unattended. A list of individuals with keys to each door shall be maintained and provided to the division. All doors shall have signs posted on the exterior which read: “Authorized Personnel Only”.

(b) Security camera connected to a 24 hour monitoring system shall be installed to view all entry and exit doors to the computer room.

(9) Access to totalizator room.

(a) Each totalizator system licensee shall authorize specific individuals, and may authorize visitors, to have access to the totalizator room. A list of such authorized individuals shall be maintained by the totalizator system licensee and shall be provided to the division. Individuals possessing an occupational license with the division shall be the only individuals permitted to enter the totalizator room on a daily basis.

(b) Work schedules for totalizator system employees with access to the totalizator room shall be posted.

(c) A paper log shall be maintained and all visitors to the totalizator room shall sign the log and indicate the time the visitor arrived and exited the totalizator room.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (2) (c), (3), (4) (b) and (5), Register, July, 1990, No. 415, eff. 8-1-90; correction in (9) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; CR 03-070: cr. (7) (L), am. (8) and (9) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 10.07 Totalizator system: system requirements {#sec-game-10.07 omnilex-key=us-wi-regs-official--agency-game--Game 10.07}

(1) General system requirements. Totalizator system licensees shall meet or exceed the totalizator system features listed in subs. (2) through (22).

(2) Redundant capabilities. Totalizator systems shall have redundant capabilities to ensure the comparison of individual pool totals so that no data is lost due to a processor failure.

(3) Redundant hardware. All totalizator systems shall have redundant hardware including, but not limited to, the acceptance, recording, and accounting of wagering transactions to ensure that in normal operating circumstances a totalizator system failure will not cause interruption in pari-mutuel operations.

(4) Stop wagering command. All totalizator systems shall provide a device located in the stewards’ stand and the tote room which shall disable all ticket issuing machines from accepting all bets and issuing tickets on all races for which the “stop wagering” command has been issued pursuant to s. Game 10.06 (5).

(5) Record of stop wagering command. All totalizator systems shall:

(a) Identify and record on the system printout which switch issued the stop wagering command;

(b) Record the time of day that the command was issued; and

(c) Confirm visually and audibly that wagering has stopped.

(6) Odds board control. The association shall cause the controls necessary to operate the order of finish on the odds board to be located in the steward’s stand and be controlled by the association steward.

(7) Odds update.

(a) In conjunction with the totalizator system, the association shall provide one or more odds boards. Approximate odds on each wagering interest in the win pool shall be updated on the odds board at intervals approved by the division.

(b) All totalizator systems shall provide to the division auditor a computer printout of all dollars wagered on each wagering interest in the win pool and other wagering information given to the public during the wagering period, or such other wagering information as requested.

(8) Retention of racing program data. All totalizator systems shall store racing program data on disk or other storage devices with the capability to transfer the data to hard copy in readable format. Such information shall be stored for a period of one year from the end of the race meeting.

(9) Control access to totalizator computer equipment. Security or safeguard mechanisms or both shall be installed by the totalizator system licensee to prevent unauthorized access to totalizator computer equipment. This security shall be capable of preventing unauthorized entry. Security systems meeting the above requirements shall be approved by the administrator or designee.

(10) Software. All totalizator systems shall have the necessary software to create, read, and verify the integrity of the data on the magnetic tapes. Each tape shall be labeled by the totalizator system licensee separately for each racing program. The label shall include association name, program number, file generation number, date produced, and time of day produced.

(11) Provide summary. All totalizator systems shall be able to produce, and the totalizator system licensee shall provide the division upon demand:

(a) Subject to the time limitation in sub. (8), a log file which can recreate the program and produce hard copy;

(b) A report which summarizes each racing program’s total wagering activity on a race by race basis; and

(c) A listing of the daily cashed tickets and outstanding tickets cashed by unique ticket number or ticket issuing machine or both for each program.

(12) Unique ticket number. All totalizator systems shall assign a unique ticket number to each ticket issued. The unique ticket number shall be printed on the ticket at the time of issue by the ticket issuing machine and shall be recorded in the computer.

(13) Uncashed tickets. All totalizator systems shall retain within the computer system ticket numbers of all outstanding tickets. These ticket numbers shall be retained in a computer data file protected by the security system. All access to these files outside of normal operating routines shall be password protected and a log of all such access shall be recorded and reported to the division.

(14) Computer produced reports. All totalizator systems shall print on all computer produced reports, the association of track name, date of execution and time of day executed.

(15) Totalizator files. All totalizator systems shall use the totalizator log files as input for the accounting reports produced.

(16) Totalizator security sub-system. Totalizator program operation shall be under the control of a software security sub-system. This sub-system shall have the ability to validate used sign-on data entered through a ticket issuing machine and shall use table look-up techniques to determine which functions the user is permitted to perform when the totalizators are in use.

(17) Access to sub-systems. The association and totalizator system licensee shall ensure that the operating or security sub-system or both shall be accessible from no more than 2 terminals at any one point in time. The association shall locate these terminals in the tote room and access to these sub-systems shall require password entry prior to execution.

(18) Emergency power source. Each totalizator system licensee shall provide an emergency or alternate system of electrical supply capable of providing enough power to operate the central processing units where data which has been accepted is stored for a minimum of 60 minutes.

(19) Power fluctuations. All totalizator systems shall provide the hardware which include voltage regulators, isolation transformers, to minimize the effects of a power fluctuation on the totalizator system. This hardware, insofar as possible, shall maintain power into the computers at a constant level within design limits and shall be selected by the totalizator company for compatibility with its system design.

(20) Two independent sets of pool totals. All totalizator systems shall have the capability to maintain at least 2 independent sets of pool totals. If it cannot be ascertained by the totalizator system licensee which final pool is correct, the highest pool total shall be used in all calculations, including payouts and commissions. All discrepancies shall be reported in writing to the administrator within 48 hours.

(21) Loss of communications reports. All totalizator systems shall detect lost communication with hardware peripheral devices including the disc drives, printers, consoles, ticket issuing machines, and any other devices which may be part of the system configuration. In the event of a system failure a written report with hard copy back-up shall be required in writing to the administrator within 48 hours.

(22) Cancellations. Where totalizator systems allow issued tickets to be canceled such cancellations must occur within the provisions of s. Game 10.05 (3).

Note: Section Game 10.05 (3) was repealed eff. 12-1-03.

(23) Remote access.

(a) All dial up modems and other equipment allowing remote access to the totalizator system shall be turned off or disconnected when not in use. All dial up modems and remote access equipment shall be in a location visible to all totalizator system employees in the totalizator room.

(b) All individuals accessing the totalizator system from a remote location shall document their access including dates and times of access, physical location of the individual when accessing the system, and reason for requiring access. Documentation shall be filed in the totalizator room.

(c) All individuals requiring remote access to the totalizator system shall utilize a user specific username and password when accessing the totalizator system remotely.

(24) Peripheral equipment with system connectivity. All peripheral equipment connected to a totalizator system shall be identified in writing and an updated list maintained in the totalizator room. The identification shall include a description of the location of the equipment.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (5) (a), (7) (b), (9), (14) to (16), (18), (20) and (21),Register, July, 1990, No. 415, eff. 8-1-90; correction in (4) and (22) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; CR 03-070: am. (7) (a), (13), (15), (18), cr. (23) and (24) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 10.08 Totalizator system: procedural requirements {#sec-game-10.08 omnilex-key=us-wi-regs-official--agency-game--Game 10.08}

(1) General procedural requirements. Every totalizator system licensee must satisfy the procedural requirements set forth in subs. (2) through (11).

(2) Pre-race meeting tests. All totalizator equipment to be used for a race meet shall, before the beginning of said race meet, be tested by the totalizator licensee in the presence and supervision of a division representative. This test shall include those procedures set forth in sub. (3).

(3) Pre-program tests. All totalizator equipment in use for a program shall, before the start of each program, be tested by the totalizator personnel and all necessary repairs and adjustments made to ensure proper operation of ticket issuing machines and totalizator computers and recording of wagers in accordance with these rules. These tests shall be:

(a) Conducted at a time that does not conflict with the time established by the association for opening the pari-mutuel windows for sales; and

(b) Conducted with data supplied by the division auditor when so requested by the administrator.

(4) Totalizator programs.

(a) All copies of programs at a pari-mutuel facility shall be on electronic media and be stored in a secured cabinet under the control of a totalizator licensee.

(b) After the program has been loaded into the computer the electronic media shall be re-secured.

(5) Duplicate copy of totalizator programs. All totalizator system licensees shall maintain a duplicate copy of all totalizator programs to be used during the race meet. The duplicate copy shall be in absolute program files and be placed on electronic media for storage. The electronic media shall be placed under seal by the totalizator system licensee for the division and retained for future comparison with totalizator programs actually in use during the meet. The electronic media shall be kept under the control of the totalizator system licensee and shall be retained on the premises of the association.

(6) Notice of software modifications. All totalizator system licensees shall inform the administrator of planned totalizator program modifications by sending written notice to the division at least one week in advance of performing a software modification. In situations where programs are modified in response to operational problems requiring immediate attention, the totalizator system licensee shall inform the administrator of the change immediately after the modification has been made. A narrative log explaining all software modifications shall be kept by the totalizator system licensee in the tote room.

(7) Testing of software modifications. Totalizator system licensees shall establish written procedures to test software modifications, and documentation of testing procedures and results shall be made available to the administrator upon request. Totalizator operators shall use either a hardware or software transaction generator to provide entry data for use in simulation of a complete program including production of all reports. The administrator shall review such test procedures and results prior to installation of a new version of a totalizator system within the state.

(8) Controlling system utilities. All totalizator system licensees shall adhere to formal written procedures for controlling system utilities and furnish the administrator with a copy of these procedures. These procedures shall include but not be limited to such matters as control over duplication of program tapes, control over use of any system utility programs or any application programs used to modify master files, and control over utility programs or other procedures used to change system passwords.

(9) Access to tote room. The totalizator system licensee shall provide the division with a list of its representatives authorized to have access to the tote room, paper stock, or equipment for each meet.

(10) Control log. Each totalizator system licensee shall maintain, in conjunction with the association, a control log of keys or other security entry devices used to access the totalizator room and a log indicating to whom each is assigned. When the employment of a person possessing a key or security entry device to the totalizator room is terminated, the key or security entry device shall be collected.

(11) Back-up procedures. Totalizator operators shall include back-up procedures to reconstruct all computer programs and data files. The division reserves the right to review and approve back-up procedures based upon and including, but not limited to, the ability to recover lost data.

(12) Shut-down procedures. Each totalizator system licensee shall as part of its normal daily shut-down procedures:

(a) Remove all console logs from the hardware with each entry on the console log preceded by the date and time of the entry;

(b) Clear all C.P.U. memory or magnetic core program date; and

(c) Secure the tote room to prohibit unauthorized entry.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (5), Register, July, 1990, No. 415, eff. 8-1-90; CR 03-070: am. (2), (4) (a), (b), (5) and (9) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 10.09 Totalizator system licensees {#sec-game-10.09 omnilex-key=us-wi-regs-official--agency-game--Game 10.09}

(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.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (2) (a), (d) to (f), Register, July, 1990, No. 415, eff. 8-1-90; correction in (1) (b), (2) (c) and (4) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; emerg. am. (2) (e) 2., eff. 11-1-94; am. (2) (e) 2., Register, May, 1995, No. 473, eff. 6-1-95; CR 03-070: am. (2) (b) Register November 2003 No. 575, eff. 12-1-03.

Chapter Game 11 POWERS AND DUTIES OF THE WISCONSIN DIVISION OF GAMING

Wis. Admin. Code § Game 11.01 Purpose {#sec-game-11.01 omnilex-key=us-wi-regs-official--agency-game--Game 11.01}

The purpose of this chapter is to govern the exercise of the division’s powers and duties.

History

• CR 03-070: cr. Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 11.02 Administration and operation {#sec-game-11.02 omnilex-key=us-wi-regs-official--agency-game--Game 11.02}

Any person desiring approval and opinion or other division action with respect to any matter within the jurisdiction of the division shall initially notify the administrator or designee of the nature of the request.

History

• CR 03-070: cr. Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 11.03 Enforcement authority {#sec-game-11.03 omnilex-key=us-wi-regs-official--agency-game--Game 11.03}

(1) The division shall have unrestricted access to all areas of the racetrack including but not limited to: all buildings, structures, equipment and property located on the premises whether owned by, leased by, or leased to an association.

(2) The division shall have unrestricted access to all records and files, both paper and electronic, maintained by any licensee and related to activities occurring on association grounds, activities related to greyhound racing, breeding and training, or pari-mutuel wagering.

(3) The division may restrict the movement of greyhounds into and out of any racetrack in the state of Wisconsin upon a showing of cause.

(4) The division and its representatives may eject or exclude any licensee or unlicensed person from any facility or property under its jurisdiction whose conduct while present at the facility interferes with the orderly and proper conduct of greyhound racing or pari-mutuel wagering.

(a) Interfering conduct includes, but is not limited to, using profane language, making noises with the intent to stop a greyhound race, unauthorized presence in a restricted area, entering or attempting to enter a pari-mutuel facility without paying a posted admission fee, possession of a narcotic or drug which violates state or federal law, restricting or blocking the entrance or exit of a building or driveway, attempting to violate a statute, rule or order of the division or board of stewards related to greyhound racing and pari-mutuel wagering, striking or threatening another person or racing animal, discharging a firearm or illegal possession of a firearm, impeding division representatives or racing officials exercising authority or duty, or disrupting a stewards inquiry.

(b) The division and its representatives shall not exclude or eject a person for a period to exceed 48 hours unless the exclusion or ejection is based on a suspension or revocation of the person’s occupational license.

(c) The division may call upon local law enforcement to assist in enforcement of this section.

History

• CR 03-070: cr. Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 11.04 Board of stewards {#sec-game-11.04 omnilex-key=us-wi-regs-official--agency-game--Game 11.04}

(1) The board of stewards shall consist of 2 division stewards, one of which shall be a chief steward or presiding division steward, and one association steward employed by the association where the inquiry will be heard. In cases where the inquiry will be heard at a location other than a racetrack, the association steward shall be employed by the association in closest proximity to where the alleged violation occurred. The chief steward or presiding division steward shall be the presiding officer.

(2) Upon a finding of reasonable cause, a steward shall issue a notice to the alleged violator(s) summoning the violator(s) to an inquiry. All notices of inquiries shall be in writing and include the following:

(a) Date, time and location of the inquiry.

(b) Alleged conduct constituting a violation.

(c) Administrative code section or statutory citation allegedly violated.

(3) The notice of an inquiry shall be served upon the alleged violator by a division representative or designee, or sent via certified United State Postal Service Mail or a manner of service approved by the division. One copy of the notice shall be filed with the association steward holding a seat on the board of stewards that will hear the matter.

(4) An inquiry shall be conducted within 3 working days after a steward has reasonable cause to believe that the alleged violation or conduct has occurred and no sooner than 24 hours after the notice has been served in person by a Division representative or 48 hours after the notice has been sent via certified U.S. mail or other division approved method for service.

(5) Any licensee who fails to appear at a board of stewards inquiry as summoned shall be deemed to have waived any right to appear and present testimony and evidence. A licensee may request a continuance in writing for cause not less than 12 hours prior to an inquiry except in cases of emergency. In cases of emergency, the licensee may request a continuance in writing for cause until the designated date and time for the inquiry. The presiding officer shall grant one continuance based on good cause except that the board of stewards may convene at the date, time and location of the inquiry and impose intermediate sanctions on the individual’s license until such time as the inquiry is conducted and a decision rendered. Further requests for continuance may be granted at the presiding officer’s discretion. The granting or denial of the continuance shall be communicated in writing to the requestor by the presiding officer.

(6) The presiding officer has complete authority to decide any process of the inquiry not delineated in this section.

(7) The presiding officer shall conduct the inquiry in the following manner:

(a) The presiding officer shall give an opening statement briefly describing the following:

1. How the inquiry will be conducted.

2. Alleged violation and conduct.

3. Names and titles of all members of the board of stewards.

4. Names and titles of all persons representing the division.

5. Name, address, date of birth and license number of alleged violator.

6. Names and titles of any persons representing the alleged violator.

7. Any evidence presently before the board of stewards.

(b) A representative of the division and each alleged violator shall be given the opportunity to present an opening statement.

(c) The board of stewards may call any witness including the alleged violator and question any person present at an inquiry.

(d) A representative of the division and each alleged violator shall be given the opportunity to call witnesses, cross examine witnesses, present evidence and make a closing statement.

(e) The board of stewards shall review all testimony and evidence presented and make its final decision in closed session. Decisions regarding culpability and penalties shall be made by a majority vote of the members of the board of stewards. Upon conclusion of the closed session, the board of stewards shall reconvene in open session. The presiding steward shall make a statement outlining the board of stewards’ determination of guilt, any penalties imposed and right of appeal.

(f) All decisions rendered by the board of stewards are effective immediately and subject to appeal pursuant to ch. Game 3.

(8) The presiding officer shall preside at the inquiry and may issue orders and rulings to ensure the orderly conduct of the proceedings, including ruling on the admissibility of evidence, witnesses’ participation and areas of examination.

(9) An alleged violator has the right to be represented by an attorney licensed to practice in the state of Wisconsin.

(10) No member of the board of stewards shall be examined by any party during an inquiry.

(11) A member of the board of stewards shall withdraw from participation in an inquiry and may be removed by the administrator if that member has a personal interest in the matter, a prejudice concerning a party or a representative of a party, or has personally investigated, prosecuted or advocated in connection with the matter before the board of stewards. This provision does not apply to an individual who during the course of their duties witnessed an alleged violation but did not conduct an investigation.

(12) Any party may appear as part of a stewards inquiry via telephone at the approval of the presiding officer.

(13) The board of stewards shall enter a written decision after each hearing. The decision shall state whether the violation occurred and, if so, shall briefly set forth the legal and factual basis for the finding. The decision shall also establish a penalty for any violation found. Any member of the board of stewards who dissents from the decision of the board of stewards shall submit a dissenting opinion in writing to the administrator.

(14) The presiding officer may eject or exclude any disruptive person from an inquiry.

(15) The following actions by a steward are not subject to the requirements of this section:

(a) Scratching a greyhound from competing.

(b) Ordering the refund of mutuel tickets.

(c) Determining orders of finish.

(d) Canceling race performances or races.

(e) Taking other actions not including the imposition of a forfeiture or suspension of an occupational license.

(16) Any member of the board of stewards who is unable to participate in part or all of the inquiry for any reason shall be excused. A replacement division steward shall be designated by the presiding officer. A replacement association steward shall be designated by the association.

History

• CR 03-070: cr. Register November 2003 No. 575, eff. 12-1-03.

Chapter Game 13 LICENSING

Subchapter I Procedures

Wis. Admin. Code § Game 13.01 Scope and purpose {#sec-game-13.01 omnilex-key=us-wi-regs-official--agency-game--Game 13.01}

This chapter governs occupational licenses granted by the division. This chapter establishes licensure as a pre-requisite for participation in greyhound racing in the state of Wisconsin. Licensure is granted only by the division subject to compliance with the rules of the division and the Wisconsin statutes. Acceptance of a license shall be construed as consent and agreement to the rules. Failure to comply with any law relating to racing may be grounds for immediate revocation of this license. Licenses pursuant to s. 562.05 (1) (a) and (b), Stats., are governed by ch. Game 5.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471.

Wis. Admin. Code § Game 13.02 Submission of application {#sec-game-13.02 omnilex-key=us-wi-regs-official--agency-game--Game 13.02}

(1) Any person desiring an occupation license shall apply on forms provided by the division. If additional information is requested for the purpose of determining an applicant’s eligibility or qualifications, the division shall notify the applicant that he or she shall provide such supplemental information.

(2) Applications shall be obtained from the license office at any race track regulated by the division or from the division’s central administrative office.

(3) Applications shall be filed in the licensing office at the race track where the applicant wishes to participate in a race meeting.

Note: The forms may be obtained at the Division of Gaming office at 2005 West Beltline Highway, Suite 201, P.O. Box 8979, Madison, WI 53708-8979.

(4) In considering an application for a license, the board of stewards or division may require the applicant, as well as the applicant’s endorsers, to appear before the board of stewards or division and demonstrate that the applicant is qualified in every respect to receive the license requested.

(5) Within 5 days after receipt of a complete application package, the board of stewards shall determine whether the applicant or licensee meets all substantive requirements and issue a written notice granting the license or a notice for inquiry related to the proposed denial of the license application.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: cr. (4) and (5) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 13.03 Complete application {#sec-game-13.03 omnilex-key=us-wi-regs-official--agency-game--Game 13.03}

An application shall not be considered until the application form has been filled out and executed completely, all information requested by the division has been supplied and the appropriate license fee has been paid.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 13.04 Duration and extent of occupation licenses {#sec-game-13.04 omnilex-key=us-wi-regs-official--agency-game--Game 13.04}

(1) Each occupation license shall expire at midnight on December 31st of each year.

(2) An occupation license issued at one race meeting during the calendar year shall be valid at any other race meeting regulated by the division that year provided that the holder has not been suspended by the division or any other racing jurisdiction.

(3) All issued licenses shall be temporary for a period of 90 days. A temporary license shall become a license after 90 days unless the division denies it for any reason.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: cr. (3) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 13.05 License fees {#sec-game-13.05 omnilex-key=us-wi-regs-official--agency-game--Game 13.05}

(1) Association licenses:

(a) Racing official-administration

1. General Manager $100.00

2. Director of Security $75.00

3. Director of Racing $75.00

4. Mutuel Manager $75.00

5. Racing Secretary $75.00

6. Association Steward $75.00

7. All Assistant Positions of Those Listed Above $35.00

(b) Racing Official-Races $35.00

(c) Adoption Program $25.00

(d) General $20.00

(e) Mutuels $25.00

(f) Security and Safety $25.00

(g) Lead-Out $10.00

(h) Other

1. Practicing Veterinarian $25.00

2. Totalizator Employee $25.00

3. Vendor Representative $25.00

4. Video Employee $25.00

(i) Kennel

1. Greyhound Owner $25.00

2. Kennel/Greyhound Owner $75.00

3. Trainer $50.00

4. Greyhound Owner/Trainer $60.00

5. Assistant Trainer $25.00

6. Kennel Helper $15.00

(j) Duplicate Identification Badge $5.00

(k) Registrations

1. Racing Kennel $75.00

2. Greyhound Ownership – Partnerships, Corporations, Kennels, Sole Proprietors $25.00

3. Registered Agent $0

4. Vendor $75.00

(2) Persons applying for more than one license shall fill out the forms for each license to be obtained and pay the prescribed fee.

(3) The division may charge a convenience fee, in addition to any fee or forfeiture being paid, to all persons paying a license fee or other division obligation with any form of an electronic funds transfer.

(4) Persons applying for a license under s. Game 13.05 (1) (b), shall be training or nominated by the association to perform one of the following occupations:

(a) Announcer.

(b) Brake Operator.

(c) Chartwriter.

(d) Clerk of Scales.

(e) Lure Operator.

(f) Paddock Judge.

(g) Photo Finish/Timer.

(h) Starter

(5) Persons applying for a license under s. Game 13.05 (1) (b), shall complete a training program provided by the association specific to the occupation to be performed. The individual completing the training program shall demonstrate proficiency to meet the duties of the occupation and license type, as determined by the division stewards, prior to being issued a license for that position.

(6) All applicants applying for an occupational licenses with a paper application shall submit 2 sets of classifiable fingerprint cards or appear at a division office to allow the division to capture the applicant’s fingerprint electronically and pay a fee to be determined by the division to process the fingerprints at the time that the applicant submits the paper application.

(7) All applicants applying for occupational licenses utilizing the division’s online licensing system shall submit 2 sets of classifiable fingerprint cards or appear at a division office to allow the division to capture the applicant’s fingerprint electronically within 20 days of submitting the application electronically and shall pay a fee determined by the division to process the fingerprints at the time that the applicant submits the electronic application.

(8) All application, fingerprint and convenience fees are non-refundable.

(9) Any person appearing at a division office for the purpose of being fingerprinted or issued a photo identification badge shall present a government issued photo identification.

(10) Any person accepting a license issued pursuant to s. Game 13.05 (1) shall consent to a reasonable search of the individual and property located on association grounds by the division or its representatives. Property located on association grounds includes but is not limited to kennels, motor vehicles, trailers, trunks, boxes, bags and containers of any sort. The person shall consent to seizure of any object which may be evidence indicating a rule violation. In the event the person is found to have violated a rule violation based in part on any seized object, the object shall be retained by the division until the time for appeal has expired or the appeal has been settled.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; cr. (1) (y), Register, July, 1990, No. 415, eff. 8-1-90; correction in (8) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; emerg. r. and recr. (1), am. (2) (a) to (d), (4), (5), r. (3) (b), renum. (3) (c) to (g) to be (3) (b) to (f) and am., eff. 11-1-94; r. and recr. (1), am. (2) (a) to (d), (4), (5), r. (3) (b), renum. (3) (c) to (g) to be (3) (b) to (f) and am., Register, May, 1995, No. 473, eff. 6-1-95; emerg. am. (3) (a), eff. 12-8-97; am. (3) (a), Register, May, 1998, No. 509, eff. 6-1-98; CR 03-070: r. and recr. Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 13.06 License to participate {#sec-game-13.06 omnilex-key=us-wi-regs-official--agency-game--Game 13.06}

No person shall participate in a race meeting unless such person has been granted a license. A suspension or revocation of an occupation license, by the division or any other racing jurisdiction, shall apply equally to, and shall make the person subject to such suspension or revocation ineligible for, any, category of occupation license.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. Register, July, 1990, No. 415, eff. 8-1-90.

Wis. Admin. Code § Game 13.07 Denial of license {#sec-game-13.07 omnilex-key=us-wi-regs-official--agency-game--Game 13.07}

If the stewards recommend to the division that a license application be denied, they shall issue a ruling. No person whom the stewards have recommended be denied shall receive a license until granted by the division. If the applicant does not exhaust administrative remedies by requesting a hearing within the time specified in s. Game 3.03, the stewards’ ruling shall become a final decision of the division and the applicant shall be ineligible to re-apply for a license for the balance of the calendar year from the date of the stewards’ ruling. The denial of a license by the division to any applicant will continue in effect until such time as the division approves a subsequent application for a license.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471.

Subchapter II Standards Applicable To All Occupation Licensees

Wis. Admin. Code § Game 13.08 Persons prohibited from licensure {#sec-game-13.08 omnilex-key=us-wi-regs-official--agency-game--Game 13.08}

No person to whom any of the following applies shall be granted a license by the division:

(1) The person is in default on any payment required under this ch. 562, Stats., or under any rule promulgated by the division or under any law of any other state related to pari-mutuel wagering or racing;

(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 that person 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;

(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;

(4) The person has been convicted of fraud or misrepresentation in connection with racing or animal breeding;

(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 betting or any other form of gambling which is a serious violation;

(6) The person has knowingly violated a rule or order of the division or any provision of this chapter or of ch. 27, 182, 562 or 945, Stats.;

(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 by the division;

(8) The person, if applying for, or holding, licensure pursuant to s. 562.05 (1) (a), Stats., has accepted public money to construct or operate a racetrack in Wisconsin;

(9) The person is the holder of a racing occupation license which is currently under suspension by another racing jurisdiction, or whose license has been denied by another racing jurisdiction and the person has not been licensed by that jurisdiction subsequent to denial.

(10) A foreign corporation that has not obtained a certificate of authority to transact business in this state as required under s. 180.1501, Stats.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: cr. (10) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 13.09 General requirements {#sec-game-13.09 omnilex-key=us-wi-regs-official--agency-game--Game 13.09}

(1) An applicant, other than a business entity, for an occupation license shall be at least 16 years of age and shall be at least 18 years of age for any racing official license.

(2) An applicant for an occupation license shall furnish with the license application 2 sets of classifiable fingerprints on the law enforcement agency cards provided by the division or department of justice:

(a) When applying for a license; or

(b) When requested by the stewards in the course of an investigation or inquiry.

(3) Each applicant shall fulfill this fingerprint requirement at either the licensing office of each racetrack or at a law enforcement agency.

(4) For the following entities the individuals specified must meet the fingerprint requirements:

(a) A partnership, each partner of the partnership;

(b) An association, each officer and director of the association;

(c) 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. In the case of owners of publicly held securities of a publicly traded corporation, this requirement only applies to a person who is a beneficial owner of 5% or more of the publicly held securities.

(5) An applicant for an occupation license in all categories, except that of a greyhound owner, shall be a United States citizen, a permanent resident alien, or be the holder of a temporary or permanent work permit, pursuant to 20 CFR 655 and 656.

(6) In addition to the foregoing requirements, applicants shall meet the specific standards for eligibility.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90 CR 03-070: am. (1) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 13.10 Unqualified to perform the duties {#sec-game-13.10 omnilex-key=us-wi-regs-official--agency-game--Game 13.10}

The division may refuse a license application or suspend or revoke a license previously granted if the applicant:

(1) Fails to meet the specific criteria set forth in this chapter; or

(2) Has an apparent or actual conflict of interest as set forth in this chapter.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 13.11 Falsifying answers or omitting facts {#sec-game-13.11 omnilex-key=us-wi-regs-official--agency-game--Game 13.11}

(1) The division may impose a forfeiture, deny a license application or suspend or revoke a license already granted if the applicant:

(a) Gives false answers to questions during the course of a steward’s inquiry; or

(b) Gives false answers in a hearing by the division; or

(c) Withholds or misstates information in his application.

(d) provides false or misleading information to the division or division’s representatives.

(2) Applicants shall read the application carefully and take care in providing their social security numbers and dates of birth. If the applicant has a question about the application, the applicant may seek assistance from the division’s licensing personnel or the stewards. However, the applicant shall be solely responsible for the truth and correctness of all information furnished in the application.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. (1) (intro.), cr. (1) (d) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 13.12 Probationary nature of licenses {#sec-game-13.12 omnilex-key=us-wi-regs-official--agency-game--Game 13.12}

(1) All licenses granted by the division shall be subject to suspension or revocation due to: violations of the rules of the division or another racing jurisdiction; suspension or revocation by another jurisdiction; violation of ch. 562, Stats.; any reason which would have supported denial of a license, and for good cause.

(2) An applicant who receives a license shall be admonished by division personnel at the time the license is granted that severe sanctions such as license revocation or suspension shall be imposed if the holder of such a license violates the act or the rules of the division.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Subchapter III Particular Occupational Requirements

Wis. Admin. Code § Game 13.13 Animal ownership by business entities {#sec-game-13.13 omnilex-key=us-wi-regs-official--agency-game--Game 13.13}

(1) Partnerships. All partnerships and the name and address of every person having any interest in an animal and the relative proportions of such interests shall be filed with the racing secretary and stewards. All the partners and each of them shall be jointly and severally liable for all stakes and forfeits. All partners of a general or limited partnership shall be licensed as owners. These licensure requirements shall apply to all partnerships owning any interest in an animal. Failure to meet these requirements shall render the animal ineligible for entry.

(2) Corporations.

(a) All corporations having an interest in an animal shall file with the racing secretary and stewards at the time of filing an application for an owner’s license, a statement setting forth the names and addresses of all officers, directors and stockholders of said corporation, together with the amount of the respective holdings of each stockholder. The statement shall be signed by the president of the corporation, attested to by its secretary, and the corporate seal, if any, attached. All officers, directors and owners, directly or indirectly, of any equity or other ownership interest, or beneficial owners of 5% or more of the publicly held securities of a publicly traded corporation, shall be licensed as owners. These licensure requirements shall apply to all corporations owning any interest in an animal. Failure to meet these requirements shall render the animal ineligible for entry.

(b) The applications under this section shall be accompanied by an affidavit which states that the applicant, any partner, officer, director or beneficial owner of 5% or more of any class of stock of a corporation, and any 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 of s. Game 13.09.

(c) Any changes in the partners, officers, directors, or owners of 5% or more of any class of stock, or persons with a present or future, direct or indirect financial or management interest in a person licensed pursuant to this section shall promptly be filed with the stewards. All parties requiring licensure because of such change shall obtain a license. Failure to obtain a license shall render the animal ineligible for entry.

(3) Kennel names.

(a) A licensed owner wishing to race under a kennel name shall register the name for the racing season with the division and pay the prescribed fee.

(b) A trainer who is also a licensed owner or part owner may use a kennel name as owner or part owner. However, no trainer shall be licensed as a trainer other than in his or her legal name.

(c) In applying to race under a kennel name the applicant shall disclose all ownership interests behind the kennel name.

(d) Changes in any ownership interests involved in a kennel name shall be reported immediately to, and approval obtained from, the stewards.

(e) A licensed owner shall not be a party to more than one kennel name at the same time, nor shall the owner use a real name for racing purposes so long as the owner has a registered kennel name.

(f) A licensed owner who has registered under a kennel name may at any time abandon it after having given written notice to the division.

(g) A kennel name may be changed at any time by registering a new kennel name and by paying the prescribed fee.

(h) A licensed owner shall not register a kennel name which is already registered by any other owner.

(i) A licensed owner shall not register as a kennel name one which the division determines to be misleading to the public or unbecoming to the sport. No kennel name shall be registered with the division if it is being used for advertising purposes.

(j) A kennel name shall be plainly distinguishable from that of another duly registered kennel name.

(k) All persons represented by a kennel name shall sign an authorized agent’s application which appoints one person to act as the agent for the kennel name.

(L) The division reserves the right to refuse the privilege of registering a kennel name.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (2) and (3), Register, July, 1990, No. 415, eff. 8-1-90; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; CR 03-070: renum. (2) to (5) to be (2) (a), (b), (c) and (3) and am. (2) (a) to (c), Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 13.14 Animal ownership by individuals {#sec-game-13.14 omnilex-key=us-wi-regs-official--agency-game--Game 13.14}

(1) An applicant for an owner’s license shall own in whole or in part, or lease an animal eligible to race at the race meeting where the applicant seeks to participate. In cases of a leased animal, both lessor and lessee shall be considered as owners for purposes of licensure. The animal shall be under the care of a trainer licensed by the division.

(2) If younger than 18 years of age, an applicant for an owner’s license shall submit an affidavit from a parent or legal guardian stating that the parent or legal guardian shall assume legal responsibility for the applicant’s financial, contractual, or other obligations relating to the applicant’s participation in racing if the license is granted. A parent or legal guardian submitting such an affidavit shall also meet the requirements of sub. (3).

(3) An applicant for an owner’s license shall be capable of meeting the financial obligations incurred in the ownership, kenneling, racing, training, and care of a racing animal.

(4) Owners licenses are personal in nature and expire upon the death of the licensee and are then void and without effect as a pre-requisite for the entry of a racing animal. When the decedent was the sole owner the only mechanism by which the deceased owner’s racing animal(s) may be entered before the property rights in those racing animal(s) have been fully and completely transferred through legacy, intestate succession or authorized sale, is as follows: upon presentation of letters of administration issued by a court of competent jurisdiction, the person named in the letter shall be licensed as an authorized agent of the estate of the decedent and allowed to enter racing animal(s) formerly owned by the decedent, subject to the provisions of ch. 860, Stats.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (1), Register, July, 1990, No. 415, eff. 8-1-90; CR 03-070: am. (3) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 13.15 Kennel owners, trainers and assistant trainers {#sec-game-13.15 omnilex-key=us-wi-regs-official--agency-game--Game 13.15}

(1) An applicant for a license as a trainer or an assistant trainer shall be at least 18 years of age and have been licensed as a trainer or assistant trainer by the division or another racing jurisdiction. Any person applying for a license as a trainer or assistant trainer for the first time in Wisconsin shall submit to examination by the stewards unless previously licensed in one of these capacities in another racing jurisdiction for at least 2 years immediately preceding the application.

(2) An applicant for a trainer’s license shall have at least one racing animal to train which is eligible to race.

(3) An applicant for an assistant trainer’s license shall be employed by a kennel owner.

(4) An applicant for a kennel owner’s license shall:

(a) Be capable of meeting the financial obligations incurred in the racing, training, and care of the racing animal in his care; and

(b) Provide proof of having complied with sub. (5).

(d) If 2 or more individuals are a party to the ownership of a kennel, a partnership license shall be obtained along with the submission of an authorized agent’s application which appoints one person to act as the agent for the kennel.

(5) An applicant for a kennel owner’s license, who is otherwise not subject to the provisions of the workers’ compensation statute (ch. 102, Stats.), shall elect to be so bound pursuant to s. 102.05, Stats., and no kennel owner licensed in Wisconsin shall effect a withdrawal from these requirements. At the time of submitting an application for a license, the applicant shall attach to the application evidence of insurance as required by ss. 102.28 (2) (a) and 102.31, Stats., or a written order of exemption pursuant to s. 102.28 (2) (b), Stats. Where an applicant has no employees, and contemplates none, the applicant shall attach an affidavit to this effect with the kennel owner application upon a form to be supplied by the division. If a kennel owner subsequently does become an employer, the applicant shall comply with this section and supply to the division the applicable evidence of compliance.

(6) A kennel owner shall designate one trainer of record. The designation shall be made in writing and provided to the association and stewards. A trainer of record shall:

(a) Be responsible for the eligibility, conditioning, care, weight and weighing-in requirements of the greyhounds in their control and possession.

(b) Ensure the health, welfare and safety of all greyhounds in their care and custody.

(c) Be identified in the official race program.

(7) A trainer may relinquish the kennel owner’s designation as trainer of record upon consent of the kennel owner or 7 days written notice to the kennel owner, association and division. Upon consent of the kennel owner or written notification by the trainer, the kennel owner shall designate in writing to the association and division a new trainer of record.

(8) Any trainer or kennel owner who brings a greyhound to weigh-in to compete in an official race warrants that the greyhound is qualified for the race, is ready to race, is in a physical condition to exert its best effort and is entered with the intent to win.

(9) The trainer of record shall register with the stewards or their designee all persons designated to assist the trainer on association grounds. The trainer of record shall promptly notify the stewards of the termination of these responsibilities.

(10) A trainer of record shall be present on association grounds and carrying out the trainer’s duties no less than 24 hours over a period of 7 consecutive days. Except in emergency situations, a trainer of record who will be absent from association grounds for the purpose of carrying out the trainer’s duties for more than 24 hours in a period of 7 consecutive days shall designate to the stewards a licensed assistant trainer or licensed trainer, who shall assume all duties and responsibilities of the trainer under ch. 562, Stats., and the rules of the division.

(11) A trainer may only be employed by one kennel owner in the state of Wisconsin at any given time.

(12) No licensed kennel owner, trainer or assistant trainer shall have any ownership interest in a greyhound of which the licensee is not the kennel owner, trainer or assistant trainer located at the same race meet.

Note: These forms may be obtained either at the racetrack or the Division of Gaming office at 2005 West Beltline Highway, Suite 201, P.O. Box 8979, Madison, WI 53708-8979.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (2) (intro.), and (a), (3) and (4), Register, July, 1990, No. 415, eff. 8-1-90; r. (4) (c), Register, May, 1998, No. 509, 6-1-98; CR 03-070: am. (3), cr. (4) (d), (6) to (12) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 13.16 Authorized agent {#sec-game-13.16 omnilex-key=us-wi-regs-official--agency-game--Game 13.16}

(1) Each authorized agent shall obtain a license from the division.

(2) The application for a license as an authorized agent shall be accompanied by a written instrument signed and notarized by the principal which shall clearly set forth the powers of the agent, including whether the agent is empowered to collect money for the licensee. A copy shall be filed with the stewards.

(3) Any changes in the power, including revocation of authority, delegated by the principal to the authorized agent must be in writing, notarized and filed with the stewards before becoming effective.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Subchapter IV Parties to a Contract

Wis. Admin. Code § Game 13.17 License required {#sec-game-13.17 omnilex-key=us-wi-regs-official--agency-game--Game 13.17}

Persons entering into management, consultant, concession or other contracts to provide goods or services or both to a person licensed pursuant to s. 562.05 (1) (a), (b) and (c), Stats., must also be licensed by the division. Such contracts are also subject to the provisions of ch. Game 4. Any contract entered into between a person licensed pursuant to s. 562.05 (1) (a), (b) and (c), Stats., and a non-licensed person(s) shall be considered void as against public policy.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471.

Wis. Admin. Code § Game 13.18 Penalties {#sec-game-13.18 omnilex-key=us-wi-regs-official--agency-game--Game 13.18}

No person, licensed pursuant to s. 562.05 (1) (a), (b) or (c), Stats., shall enter into any contract with a non-licensed person, whether the contract is oral or written, or attempt to circumvent the requirements of this section by such actions as, but not limited to, behaving as if a contractual agreement existed although not reduced to writing or otherwise not meeting all legal requirements for formation of a binding contract. The licensee shall be subject to a forfeiture not to exceed $10,000 or suspension or revocation, or any combination, for violation of this section.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Subchapter V Conflicts

Wis. Admin. Code § Game 13.19 General conflict provisions {#sec-game-13.19 omnilex-key=us-wi-regs-official--agency-game--Game 13.19}

(1) When an applicant applies for a license in more than one category, the division shall consider whether the holding of such multiple licensing creates the appearance of a conflict of interest such as, but not limited to, a sudden change in ownership to immediate family members or a change in ownership without adequate consideration. If such appearance is created, both licenses may be suspended or denied.

(2) The immediate family member of a racing official shall not be permitted to obtain an occupational license unless prior approval is obtained by the stewards. When considering the issuance of a license to an immediate family member of a racing official, the stewards shall consider if such licensing creates a conflict of interest or the appearance of a conflict of interest, and whether it is in the best interest of racing.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: renum. to (1), cr. (2) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 13.20 Dual licensing {#sec-game-13.20 omnilex-key=us-wi-regs-official--agency-game--Game 13.20}

The following kinds of dual licenses shall be prohibited:

(1) A person licensed as a veterinarian or totalizator employee shall not be licensed in any other capacity;

(2) A person licensed as a racing official shall not be licensed as anything other than a racing official at the meeting at which that person is serving as a racing official;

(3) No division employee shall be licensed in any other capacity;

(4) All requests for dual licensing must be approved by the stewards.

(5) A person licensed as a mutuel employee shall not be permitted to be simultaneously licensed in any other occupation as identified in s. Game 13.05 (1) (i).

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: cr. (5) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 13.21 Husbands and wives {#sec-game-13.21 omnilex-key=us-wi-regs-official--agency-game--Game 13.21}

Suspension, denials or revocations against either a husband or a wife shall apply equally to the licensee’s spouse unless the division finds that the continued participation in racing by the affected spouse will not circumvent the intent of the rule or ruling by permitting one spouse to serve in essence as a substitute for a person ineligible to participate in a particular activity. In making such a decision, the stewards and division shall consider but not be limited to the following: the length of involvement in racing of the affected parties, the economic interdependence of the parties, and the nature of the licenses. However, the spouse of a person suspended for 10 or fewer days shall not be suspended.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 13.22 Transfer of a racing animal {#sec-game-13.22 omnilex-key=us-wi-regs-official--agency-game--Game 13.22}

The transfer of a racing animal by a person whose license has been suspended, denied, or revoked to circumvent a rule or ruling shall constitute a violation of these rules, and the licenses of both parties to the transfer may be suspended, revoked or a forfeiture imposed. No transfers of racing animals from a suspended licensee to an immediate family member shall be allowed. Immediate family member means mother, father, spouse, son, daughter, stepchildren and spouses of immediate family members.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Subchapter VI Prohibited Activities

Wis. Admin. Code § Game 13.23 Prohibited activities by licensees {#sec-game-13.23 omnilex-key=us-wi-regs-official--agency-game--Game 13.23}

Violation of the following shall be considered grounds for denial or suspension of an occupation license or imposition of a forfeiture or both:

(1) No licensed person shall allow another person use of the license badge for the purpose of transferring any of its benefits. No license is transferable and no duplicate license shall be issued except upon payment of a fee prescribed by the division.

(2) All licensees when present in a restricted area or in the employment of the association shall prominently display the badge issued by the division.

(3) No person shall offer, promise, give, accept or solicit a bribe in any form, directly or indirectly, to or by a person having any connection with the outcome of a race.

(4) No person shall cause or attempt to cause, or participate in any way in any attempt to cause the pre-arrangement of a race result.

(5) No person shall fail to report knowledge of the offering, promising, giving, accepting, or soliciting a bribe in any form, directly or indirectly, to or by a person having any connection with the outcome of a race.

(6) No person shall fail to report knowledge of the causing or attempting to cause or participation in any way in any attempt to cause the pre-arrangement of a race result.

(7) No person shall enter or permit a greyhound to be entered in a race if that person knows the greyhound was trained with any live lure or bait.

(8) No person shall enter or permit a dog to be entered in a race if that person knows that the dog was trained in a state that does not specifically prohibit the use of live lures or bait in a race or training for entry in a race.

(9) No person shall have been convicted of using a live lure or bait in the training of a greyhound.

(10) No person shall engage in cruelty to or neglect of a greyhound entrusted to a licensee’s care.

(11) No person shall have been convicted of cruelty to or neglect of an animal.

(12) No person shall possess a battery, buzzer, electrical, mechanical or other device which could be used to alter the speed of a greyhound in a race or workout.

(13) No person shall engage in the illegal sale, possession, receipt or use of a controlled substance, paraphernalia used in conjunction with a controlled substance, or intoxicant; use of profanity; fighting; or any conduct of a disorderly nature on association grounds.

(14) No person shall have been convicted of illegal possession of firearms. No person other than security guards licensed by the division and any other applicable licensing authority who are on duty, and on-duty police personnel, shall be in possession of firearms on the grounds of the racetrack enclosure.

(15) No person shall engage in any activity or practice which in the opinion of the division is detrimental to the best interests of racing in the state of Wisconsin.

(16) No person shall alter or forge a prescription for medication for a greyhound.

(17) No person shall mar or alter any identification mark on a greyhound.

(18)

(a) No person shall knowingly allow an unlicensed person to participate in a race meet if the licensee knows or should know that the person is required to be licensed.

(b) A person shall immediately report to the division the unlicensed participation in a race meet of any unlicensed person who the licensee knows or should know is required to be licensed.

(19) No person shall smoke in any designated “No Smoking” area on the grounds of the association.

(20) No person shall kill any animal or use any animal that has been killed for the purpose of training of a greyhound.

(21) No person shall submit or knowingly allow to be submitted to the division, association or the national greyhound association any report or document which contains false or misleading information.

(22) No person shall cash or offer to cash for another individual, a pari-mutuel ticket requiring the submission of a withholding statement or accept any form of compensation for cashing a pari-mutuel ticket for another individual.

(23) No person shall possess or bring into the paddock any food, candy, gum, tobacco products or drink.

(24) No person shall write, issue, make or present any check in payment to the division when that person knows or should reasonably know that the check will be refused by the bank upon which it is written, or that the account upon which the check is written has insufficient funds.

(25) No person shall fail to disclose the true ownership or interest in any greyhound.

(26) No person shall enter for official racing or schooling, or cause to allow to be entered, a greyhound that the licensee knows or should know does not meet all entry requirements.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (14), Register, July, 1990, No. 415, eff. 8-1-90; CR 03-070: am. (8) and (13), cr. (16) to (26) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 13.24 Financial responsibility {#sec-game-13.24 omnilex-key=us-wi-regs-official--agency-game--Game 13.24}

(1) A creditor who alleges an unpaid obligation or default in obligation directly relating to greyhound racing shall submit to the division a court judgment describing the same. The stewards shall notify the licensee that a judgment has been filed with the division and the individual shall have 30 days to satisfy said judgment.

(2) In the event the licensee appeals the court judgment within 30 days, the stewards shall not take any action against the licensee until the appeal is denied. If after the 30 days the judgment remains unsatisfied and no further court action has been initiated by the licensee, the stewards may suspend the individual’s occupational license or deny the pending license application.

History

• CR 03-070: cr. Register November 2003 No. 575, eff. 12-1-03.

Chapter Game 14 MEDICATION

Wis. Admin. Code § Game 14.01 Purpose {#sec-game-14.01 omnilex-key=us-wi-regs-official--agency-game--Game 14.01}

The purpose of this chapter is to govern procedures relative to permissible administration of medication to racing animals.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 14.02 Definitions {#sec-game-14.02 omnilex-key=us-wi-regs-official--agency-game--Game 14.02}

(1) “Foreign substance” means any substance except those which exist naturally in the untreated animal of normal physiological concentrations.

(2) “Medication” means any substance recognized as a drug in the official U.S. pharmacopoeia and national formulary or official homeopathic pharmacopoeia of the United States or, any supplement to either of them; or, any substance intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease or other conditions in persons or animals; or, any substance other than a device or food intended to affect the structure or any function of the body of persons or animals; or, any substance intended for use as a component of any article specified previously.

(3) “Test sample” means any substance obtained from a racing animal for the purpose of submission to the testing laboratory for determining compliance with ch. Game 14. These substances include but are not limited to: urine, blood, feces, saliva, and hair.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: cr. (3) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 14.03 Prohibition against foreign substance and medication {#sec-game-14.03 omnilex-key=us-wi-regs-official--agency-game--Game 14.03}

No animal participating in a race shall carry in its body any foreign substance or medication, irrespective of when administered or injected. No person shall administer, conspire to administer, or attempt to administer a foreign substance or medication in violation of this section. Notwithstanding any of the foregoing, if the testing laboratory selected pursuant to s. Game 14.23 detects the following substances at or below the levels indicated, the laboratory shall not report the results as a positive finding which indicates the presence of a foreign substance:

(1) Procaine and its metabolites in an amount less than or equal to 5.0 micrograms per milliliter.

(2) Sulfa drugs and their metabolites in an amount less than or equal to 100 micrograms per milliliter.

(3) Polyethylene glycol and fenbendazole, if the laboratory determines, in its sole discretion, that the amount detected is insufficient to interfere with the laboratory’s ability to detect the presence of other medications or foreign substances.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 14.04 Forty-eight hour ban {#sec-game-14.04 omnilex-key=us-wi-regs-official--agency-game--Game 14.04}

No foreign substance or medication shall be administered to an animal entered to race by hypodermic injection, oral administration, topical administration which can penetrate the skin, rectal infusion, suppository, inhalation or any other means within 48 hours prior to the scheduled post time of the first race of the day on which the animal is entered.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 14.05 Unlawful entry {#sec-game-14.05 omnilex-key=us-wi-regs-official--agency-game--Game 14.05}

Any person who enters any animal in a race and who knows, or by exercise of due diligence in his or her duties should know, that the animal carries in its body during the race any foreign substance or medication, regardless of when administered or injected, shall be subject to a suspension or revocation of licensure, forfeiture or both.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 14.06 Willful failure to disqualify {#sec-game-14.06 omnilex-key=us-wi-regs-official--agency-game--Game 14.06}

No person shall willfully fail to disqualify an animal from a race when the person has notice that:

(1) A foreign substance or medication has been administered to the animal in violation of s. Game 14.02 or 14.03;

(2) The animal has not been properly made available for any test or inspection required by the division; or

(3) The animal is not eligible to race in Wisconsin, or any other racing jurisdiction.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471.

Wis. Admin. Code § Game 14.07 Prescription items {#sec-game-14.07 omnilex-key=us-wi-regs-official--agency-game--Game 14.07}

No person except a veterinarian shall have in the person’s possession within the kennel compound any prescription drug as defined in s. 450.01 (20), Stats., unless prior written authorization is obtained and the prescription drug is in its original pharmacy container with a prescription label affixed to it.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; CR 03-070: am. Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 14.08 Possession of drugs and chemicals {#sec-game-14.08 omnilex-key=us-wi-regs-official--agency-game--Game 14.08}

No veterinarian or any other person shall have in his or her possession or administer to any animal within any race track enclosure any chemical substance which:

(1) Has not been approved for use on animals by the food and drug administration, pursuant to the federal food, drug and cosmetic act, 21 USC 301 et. seq., and implementing regulations; or

(2) Which is on any of the schedules of controlled substances as prepared by the attorney general of the United States pursuant to 21 USC 811 and 812, or those contained in ch. 961, Stats., without the prior written approval from the state veterinarian. The state veterinarian shall not give such approval unless the person seeking such approval can produce evidence in recognized veterinary journals or by recognized experts that such chemical substance has a beneficial, therapeutic use in racing animals.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register November 2003 No. 575.

Wis. Admin. Code § Game 14.09 Possession of needles and injectable prohibited {#sec-game-14.09 omnilex-key=us-wi-regs-official--agency-game--Game 14.09}

(1) Except as provided in s. Game 14.10, no person, except a veterinarian, shall have in his or her possession within any race track enclosure any hypodermic syringe or needle or any instrument capable of being used for the injection into any animal or human of any chemical substance.

(2) Except as provided in s. Game 14.10, no person, except a veterinarian, shall have in his or her possession within any race track enclosure any substance prepared for the purpose of being injected into an animal or human being.

(3) Dosage syringes manufactured for the exclusive purpose of providing oral administration of medications shall be permitted to be possessed by persons other than a veterinarian if prior approval is obtained from the division’s veterinarian. This provision does not permit hypodermic syringes that have been modified to prevent the attachment of a needle to qualify. All dosage syringes shall be identified on the medication list provided to the division’s veterinarian.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. Register, July, 1990, No. 415, eff. 8-1-90; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; CR 03-070: cr. (3) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 14.10 Human use of substances and hypodermic syringes or needles {#sec-game-14.10 omnilex-key=us-wi-regs-official--agency-game--Game 14.10}

(1) Prescription items - human use. No person may possess within a race track enclosure any chemical substance for use on their own person, unless such chemical substance is a prescription drug as defined in s. 450.01 (20), Stats., and such person is in possession of documentary evidence that a valid prescription for the prescription drug has been issued to the person.

(2) Hypodermic syringe or needle. No person may possess within any race track enclosure any hypodermic syringe or needle for the purpose of administering a chemical substance unless the person has:

(a) Provided the state stewards prior written notification of the possession of such device;

(b) Provided the state stewards prior written notification of the size of such device;

(c) Provided the state stewards prior written notification of the chemical substance to be administered by such device;

(d) Provided the state stewards a copy of a physician’s order documenting the need for such device.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 14.11 Test samples {#sec-game-14.11 omnilex-key=us-wi-regs-official--agency-game--Game 14.11}

(1) At least one animal from every race selected at the discretion of the stewards or division veterinarian, shall have taken from it test samples. In determining which animals to test, the stewards or division veterinarian shall consider, without limitation, whether the performance of the animal is such that it suggests the animal was not performing within its usual parameters, such as with beaten favorites or animals displaying significant reversals of form. Additional factors in determining animals to be tested shall include but are not limited to testing animals from as many kennels as possible, suspected medication usage, possible sickness and winning animals.

(2) Any trainer or owner of an animal who shall refuse to submit such animal for test samples shall have their license suspended for not less than 30 days and such animal shall be disqualified from racing at meetings under the jurisdiction of the division.

(3) Test samples shall be taken under the supervision of the division veterinarian by persons appointed by the division. During the taking of such test samples the owner or trainer or their agent or employee may, at their discretion, be present at all times.

(4) The test samples shall be sealed by the division veterinarian or those under the division veterinarian’s supervision and the evidence of such sealing shall be witnessed by the signature of the owner or trainer or their agent or employee, if present. Failure to be present to witness the sealing shall constitute a waiver of the right to witness the sample collection.

(5) An area located adjacent to the paddock shall be set aside and be under the supervision of the division veterinarian for the purpose of collecting test samples for any tests required by the division. The building, location, arrangement, furnishings and facilities, including refrigeration and hot and cold running water, shall be approved by the division.

(6) No unauthorized person shall be admitted at any time to the building or the area utilized for the purpose of collecting the required body fluid samples or the area designated for the retention of greyhounds pending the obtaining of body fluid samples.

(7) The division veterinarian, the division of stewards, or the authorized representatives of the division may take samples of any medicine or other materials suspected of containing improper medication, drugs, or other substance which could affect the racing condition of a greyhound which may be found in kennels or elsewhere on racetracks or in the possession of any person connected with racing, and the same shall be delivered to the official chemist for analysis.

(8) The associations shall reimburse the division for all pre-race and post-race testing costs incurred that are not allocated through the division’s spending authority for this purpose.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (8), Register, March, 1993, No. 447, eff. 7-1-93; emerg. am. (1), eff. 8-25-95; am. (1), Register, January, 1996, No. 481, eff. 2-1-96; CR 03-070: am. (5) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 14.12 Referee samples {#sec-game-14.12 omnilex-key=us-wi-regs-official--agency-game--Game 14.12}

(1) A referee sample shall be provided when sufficient volume is available for additional confirmation testing and retention of a portion of the sample as required by sub. (3) at the request of the owner, trainer or other person charged with a violation of these rules. The referee sample may not be tested by the division laboratory.

(2) If the owner, trainer or other person charged with a violation of these rules desires to send the referee sample to another laboratory for testing, the division shall bear the cost of preparing the samples for shipment, but the cost of such shipment and of such testing at another laboratory shall be borne by the person requesting the additional tests.

(3) Whenever a referee sample is provided, a portion of that test sample shall be preserved by the division laboratory in case further testing is requested. If the division laboratory determines there is insufficient sample to conduct the requested confirmation testing and retain a portion by the division laboratory for additional testing, a referee sample shall not be provided.

(4) The laboratory conducting the testing of the referee sample shall provide the results of the testing to the division.

(5) For a laboratory to be eligible to conduct testing of a referee sample, one member of the laboratory personnel shall be a registered member of the Association of Official Racing Chemists.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. (1) and (3), cr. (4) and (5) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 14.13 Laboratory reports and findings {#sec-game-14.13 omnilex-key=us-wi-regs-official--agency-game--Game 14.13}

If the laboratory determines that a foreign substance, medication, or any metabolite thereof, is a constituent in a test sample, the laboratory shall report such determination to the administrator.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 14.14 Distribution of purses {#sec-game-14.14 omnilex-key=us-wi-regs-official--agency-game--Game 14.14}

The fact that purse money has been distributed prior to the issuance of a laboratory report shall not be deemed a finding that no foreign substance or medication has been administered, and such purse money remains subject to the provisions of this section after it is paid.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 14.15 Finality of purse distribution {#sec-game-14.15 omnilex-key=us-wi-regs-official--agency-game--Game 14.15}

(1) Upon receipt of a laboratory report for a positive finding from the laboratory, the stewards shall immediately direct that no purse money shall be awarded to the animal in question pending a final determination by the stewards or the division. The stewards shall notify the owner, trainer, and any other person having care, custody or control of the animal. If the purse money has been distributed, the stewards shall order it returned pending final determination. The stewards shall proceed to conduct an inquiry or the division shall conduct an inquiry or hearing.

(2) If the report of a laboratory is not contested or if the stewards or the division determine that the laboratory report is accurate, all purse money won by the animal in the race in question shall be forfeited and redistributed among the remaining animals according to their order of finish. No such forfeiture and redistribution shall affect the distribution of pari-mutuel pools.

(3) If no report has been issued by the laboratory to the stewards or the division within 60 days after the date of a race, the owner of the animal shall become legally entitled to the money in the purse and it shall be conclusively presumed that the conditions precedent to such entitlement have been met. However, laboratory reports issued more than 60 days after the date of a race may be considered as evidence of a violation of division rules.

(4) Failure by the kennel owner or owner of an animal to return previously distributed purse monies as ordered by the stewards or division shall result in a suspension of the kennel or greyhound owner’s license until such monies are returned.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. (1), cr. (4) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 14.16 Retention of samples {#sec-game-14.16 omnilex-key=us-wi-regs-official--agency-game--Game 14.16}

If a laboratory report has been issued, whatever remains of that particular test sample shall be retained until all legal proceedings have been concluded, and all test results shall be retained for a period of one year. All samples shall be retained by the laboratory until the division approves their disposal.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 14.17 Trainer responsibility {#sec-game-14.17 omnilex-key=us-wi-regs-official--agency-game--Game 14.17}

(1) Every trainer has the duty to guard or cause to be guarded each animal trained by the trainer in such a manner as to prevent any person, including the animal’s veterinarian, from administering to such animal any foreign substance or medication in violation of these rules.

(2) Every trainer has the duty to be familiar with the medication rules of the division and reasonably familiar with the foreign substances and medications the trainer administers or directs the trainer’s employees to administer, and which are administered by such trainer’s veterinarian.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 14.18 Prima facie evidence {#sec-game-14.18 omnilex-key=us-wi-regs-official--agency-game--Game 14.18}

(1) A determination by the laboratory pursuant to these rules shall constitute prima facie evidence that the trainer has violated, or has failed to fulfill the duties specified in, s. Game 14.17.

(2) As used in this rule, “prima facie evidence” means that the division has met its burden of proof without more and the trainer has the burden of going forward with evidence.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (1) Register, July, 1990, No. 415, eff. 8-1-90; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471.

Wis. Admin. Code § Game 14.19 Penalties {#sec-game-14.19 omnilex-key=us-wi-regs-official--agency-game--Game 14.19}

(1) When imposing penalties for a violation of s. Game 14.03, 14.04, or 14.05 the stewards and the division shall consider but not be limited to the following factors:

(a) The nature of the effect foreign substance; e.g., cough medicine, steroid, narcotic, stimulant, depressant, etc.;

(b) The accessibility of the drug; e.g., can be purchased over the counter, only with a prescription, only with a license for controlled substances, cannot be purchased in this country;

(c) The age and experience of the violator;

(d) Whether the violator has ever been the subject of a medication ruling in this or any other racing jurisdiction;

(e) What action, if any, was taken to avoid such violation;

(f) The average handle at the race meeting where the violation occurred and the purse of the race.

(2) When imposing penalties for a violation of s. Game 14.16 the stewards and the division shall consider but not be limited to the following matters:

(a) What action, if any, was taken by the trainer to guard the animal during the 24 hours prior to the race;

(b) What action, if any, was taken by the trainer to guard the animal during the period between entry and the race;

(c) The nature of the effect of foreign substance; e.g., cough medicine, steroid, narcotic, stimulant, depressant, etc.;

(d) The accessibility of the drug; e.g., can be purchased over the counter, only with a prescription, only with a license for controlled substances, cannot be purchased in this country, etc.;

(e) The age and experience of the trainer;

(f) Whether the trainer has been the subject of a medication ruling in this or any other racing jurisdictions;

(g) The average handle at the race meeting where the violation occurred and the purse of the race.

(3) The steward shall not be required to specifically articulate any of the foregoing in their ruling nor shall ignorance of the rules be deemed a mitigating factor.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; correction in (1) (intro.) and (2) (intro.), made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471.

Wis. Admin. Code § Game 14.20 Veterinary requirements {#sec-game-14.20 omnilex-key=us-wi-regs-official--agency-game--Game 14.20}

(1) All veterinarians licensed by the division shall maintain records which accurately reflect all purchases of medication by a licensee, name of each animal treated, date of the treatment, method of administration, prescription of medication and name of the trainer. All veterinarians shall also retain duplicate copies of their bills or statements to trainers or owners. Veterinarian’s records shall include the following:

(a) The name of the greyhound.

(b) Tattoo number.

(c) Kennel.

(d) The nature of the greyhound’s ailment.

(e) The type of treatment prescribed and performed.

(f) The date and time of treatment.

(2) Said records shall be retained for at least 3 years and shall be made available for inspection upon request of the division or its representative.

(3) Veterinarians engaged in private practice on tracks under the jurisdiction of the division shall be licensed to practice in the state of Wisconsin.

(4) A veterinarian practicing medicine at a track licensed by the division shall use disposable needles and syringes and keep the needles and syringes in their possession until the needles and syringes can be properly disposed of off the grounds of the racetrack.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. (4) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 14.21 Postmortems {#sec-game-14.21 omnilex-key=us-wi-regs-official--agency-game--Game 14.21}

(1) The kennel owner or trainer shall immediately inform the division veterinarian of any animal in the kennel owner or trainer’s care that expires or is euthanatized. Every animal which suffers a breakdown on the race track in training or in competition and is destroyed and every other animal which expires while on the grounds of a race track under the jurisdiction of the division shall undergo, unless otherwise determined by the division veterinarian, a post-mortem examination at a time and place acceptable to the division veterinarian to determine the injury or sickness which resulted in euthanasia or natural death.

(2) The post-mortem examination required under this rule shall be conducted by the Wisconsin animal health laboratory, University of Wisconsin – Madison school of veterinary medicine, or another entity designated by the division.

(3) Test samples must be obtained from the carcass upon which the post-mortem examination is conducted and shall be sent to a laboratory approved by the division for testing for foreign substances and natural substances at abnormal levels. When practical, blood and urine samples should be procured prior to euthanasia.

(4) A record of every such post-mortem shall be filed with the division veterinarian, or with the division if the race meeting has ended, within 72 hours of the death submitted on a form supplied by the division.

(5) Each owner and trainer accepts the responsibility, as a prerequisite for maintaining the occupational license issued by the division, for ensuring the post-mortem examination as provided in this section is conducted.

(6) The trainer of a greyhound required under sub. (1) to have a post-mortem examination conducted shall be required to deliver the greyhound to the division’s veterinarian.

(7) The division shall be responsible for any transportation costs associated with the delivery of the deceased greyhound from the division veterinarian’s office to the laboratory for post-mortem examination.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. (1) and (2), cr. (6) and (7) Register November 2003 No 575, eff. 12-1-03.

Wis. Admin. Code § Game 14.22 Division veterinarian {#sec-game-14.22 omnilex-key=us-wi-regs-official--agency-game--Game 14.22}

(1) The division shall employ a veterinarian licensed to practice in the state of Wisconsin at each race meeting.

(2) The division veterinarian shall advise the division and stewards on veterinary matters.

(3) The division’s veterinarian shall be on the grounds of the association at weighing-in time and during all racing hours.

(4) The veterinarian shall make an examination of the physical condition of each greyhound at weighing-in time.

(5) The division veterinarian shall observe each greyhound as it enters the lock-out kennel, inspect the greyhound if deemed necessary when entering the paddock prior to the race, and recommend to the stewards that any greyhound deemed unsafe to race or physically unfit to produce a satisfactory effort in a race be scratched.

(6) The division veterinarian shall place any greyhound determined to be sick or having a communicable disease, or any greyhound deemed unsafe, unsound or unfit on a veterinarian’s list which shall be posted in a conspicuous place available to all owners, trainers and officials. Once a greyhound has been placed on the veterinarian’s list it may be allowed to race only after it has been removed from the list by the division veterinarian. The entry of any greyhound on the veterinarian’s list may be accepted only after receiving written authorization by the division veterinarian removing the greyhound from the list.

(7) The division veterinarian shall have full access to each kennel on the association’s premises. The division veterinarian shall inspect the general physical condition of the greyhounds, sanitary conditions of the kennels, segregation of female greyhounds in season, segregation of sick greyhounds, the types of medicine found in use, cruel and inhumane treatment, and any other matters or conditions which are brought to the attention of the division veterinarian and reported to the stewards.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. (5), r. (8) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 14.23 Testing laboratory {#sec-game-14.23 omnilex-key=us-wi-regs-official--agency-game--Game 14.23}

(1) Qualifications. Any laboratory selected to perform testing services for the division shall, at a minimum, meet all requirements established by the division in the request for proposal or request for bid issued pursuant to subch. IV of ch. 16, Stats. These shall include, but not limited to;

(a) Chain of custody procedures sufficient to allow introduction of test sample results as evidence in administrative hearings before the division or in judicial proceedings in the circuit courts of Wisconsin;

(b) Personnel with background sufficient to qualify as expert witnesses in the detection of substances in bodily fluid samples in hearings before the division or the circuit courts of Wisconsin.

(c) Participation in a program to evaluate and ensure laboratory quality control;

(d) Drug specific immunoassay testing which may include, but is not limited to, Particle Concentration Fluorescence Immunoassay (PCFIA), Enzyme Linked Immunosorbent Assay (ELISA), Radio Immunoassay (RIA), or any combination, to perform screening and detection tests of urine and blood samples for drug synthetic narcotics, opiates, stimulants, steroids, anti-inflammatories, depressants, muscle relaxants, tranquilizers and anti-biotics;

(e) Confirmation procedures utilizing gas chromatography-mass spectrometry (GC/MS) or other alternative computer aided instrument method of appropriate methodology;

(f) One year of experience as a testing laboratory for another racing jurisdiction in North America utilizing the testing methodologies in pars. (d) and (e);

(g) One member of the laboratory personnel shall be a registered member of the association of official racing chemists (AORC), who shall attend the annual meeting of the AORC at the laboratory’s expense;

(h) No laboratory staff, officer, administrator, or holder of any ownership interest in the laboratory shall have a financial interest, either directly or indirectly, in racing greyhounds, any entity licensed by the division, the racing industry, or any other conflict of interest, including those contained in s. 562.025, Stats.

(2) Procedures. The division shall select a laboratory pursuant to a request for proposal or request for bid issued pursuant to the procedures set forth in the department of administration’s procurement manual as required by subch. IV of ch. 16, Stats.

History

• Cr. Register, July, 1990, No. 415, eff. 8-1-90; CR 03-070: am. (1) (h) and (2) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 14.24 Medication list {#sec-game-14.24 omnilex-key=us-wi-regs-official--agency-game--Game 14.24}

(1) All kennels shall maintain a listing of all chemical substances, medications, vitamins, and nutritional supplements present in the kennel for the purpose of ingestion or absorption by racing greyhounds.

(2) Medication lists shall be prominently displayed in the kennel building.

(3) Medication lists shall be subject to review and approval by the division. The division may deny approval of any item on the medication list if the item poses a risk to the health, safety or welfare of a greyhound or human; possession or administration of the item is prohibited by state or federal law; or the item has not been approved for use in dogs by the Food and Drug Administration or United States Department of Agriculture unless a prescription for the secondary use of the item is issued by a licensed veterinarian. Items denied by the division for placement on the medication list shall be prohibited in the kennel compound.

History

• CR 03-070: cr. Register November 2003 No. 575, eff. 12-1-03.

Chapter Game 15 HUMANE TREATMENT OF RACING ANIMALS

Wis. Admin. Code § Game 15.01 Purpose {#sec-game-15.01 omnilex-key=us-wi-regs-official--agency-game--Game 15.01}

The purpose of this chapter is to ensure that animals participating in races in this state shall be treated humanely both on and off racetracks throughout the life of the animals.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 15.02 Humane issues {#sec-game-15.02 omnilex-key=us-wi-regs-official--agency-game--Game 15.02}

(1) Owners and trainers of greyhounds shall humanely treat, both on and off the race track, all greyhounds in their possession or under their control:

(a) This condition shall terminate only when the party ceases to be an owner or trainer of greyhounds;

(b) A proven violation of this rule shall ban the responsible party from holding any racing related license for a minimum 5 year period.

(c) A person is guilty of inhumane treatment for any, but not limited to, of the following acts: if the person overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, drink or shelter, cruelly beats, mutilates any animal, or causes or procures any animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, drink, shelter, or to be cruelly beaten or mutilated; and whoever having charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses any animal, or fails to provide the animal with proper food, drink or shelter or protection from the weather, or who drives or otherwise uses an animal unfit for racing, training or other labor.

(d) No person shall remove or alter, either directly or indirectly, any tattoo, other marking, device, coloration or special characteristic that is used for the purpose of identifying a greyhound.

(2) A sworn affidavit for each greyhound to be entered shall be filed by the trainer or owner with the steward stating the dog has not been trained on a live lure:

(a) The affidavit shall disclose the locations and dates of training and names, addresses, and telephone numbers of all trainers. This affidavit is to be filed by the trainer or owner prior to entry;

(b) Providing false information shall subject the licensee to a forfeiture, suspension, revocation of license or any combination;

(c) A violation of this rule shall result in a suspension of the guilty party for life;

(d) For purposes of this requirement it is presumed a greyhound cannot be trained at an age of less than 10 months.

(3) The division shall investigate on all complaints regarding humane treatment of greyhounds.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: cr. (1) (d), am. (2) (a) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 15.03 Euthanasia {#sec-game-15.03 omnilex-key=us-wi-regs-official--agency-game--Game 15.03}

(1) All persons subject to the jurisdiction of the division shall only use a lethal injection of barbiturates to euthanize a greyhound:

(a) Only a licensed veterinarian shall administer such barbiturates.

(b) Such barbiturates shall be administered in a manner sufficient to ensure that the animal feels no pain or discomfort.

(2) Violation of this rule shall subject the violator to the penalties as provided in s. 562.13 (4), Stats.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 15.04 Live lure prohibition {#sec-game-15.04 omnilex-key=us-wi-regs-official--agency-game--Game 15.04}

(1) No animal that participates in races upon which pari-mutuel wagering is conducted in this state, and no animals which are whelped or trained in this state for racing, shall be trained on a live lure or bait.

(2) No person shall enter or permit a dog to be entered in a race if that person knows that the dog was trained in a state that does not specifically prohibit the use of live lures or bait in a race or training for entry in a race.

(3) Any occupation licensee who violates this section shall have his or her occupation license revoked for life.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (1) and (3), Register, July, 1990, No. 415, eff. 8-1-90; correction in (3) made under s. 13.93 (2m) (b) 5., Stats., Register, July, 1990, No. 415; CR 03-070: am. (2) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 15.05 General humane rules {#sec-game-15.05 omnilex-key=us-wi-regs-official--agency-game--Game 15.05}

(1) Greyhounds shall not be muzzled in their crates while housed in kennels on the grounds of a licensed association, unless permission is obtained by the division’s veterinarian, which shall be granted only for valid veterinary medical concerns.

(2) No greyhounds shall be removed from the grounds of the racetrack unless prior approval from a division steward or designee has been obtained, unless the greyhound is being removed for the purpose of receiving veterinary care and the greyhound is returning to the kennel compound or the greyhound is housed in the association’s adoption kennel.

(a) Approval may include inspection and identification of the greyhound.

(b) The destination of the greyhound shall be submitted to the division stewards or division veterinarian on a form supplied by the division. The form shall be completed and submitted by the trainer, kennel owner, or greyhound owner prior to the greyhound’s removal from the grounds of the racetrack.

Note: Related forms are available free of charge at Division of Gaming offices located at each racetrack or by calling (608) 270-2555.

(4) All greyhounds transported to or from any racetrack within the state shall be hauled under the following conditions:

(a) All crates shall be designed and used for the sole purpose of transporting greyhounds. These crates shall be 2 feet wide, 3 feet long and 34 inches high.

(b) All crates shall be of sound construction, maintained in good repair and clean.

(c) All vehicles shall be in good repair.

(5) All greyhounds shall have been vaccinated for rabies as provided in s. 95.21 (2), Stats.

(6) Only one greyhound shall be housed per crate in a kennel at any time.

(7) The trainer of each kennel shall be responsible for the proper maintenance, upkeep and sanitary condition of the kennel, crates and turn-out pens.

(8) All greyhounds kenneled at a racetrack licensed under s. 562.05 (1) (a) and (b), Stats., shall be vaccinated against rabies. If a greyhound does not possess a current valid rabies vaccination prior to kenneling at the racetrack, vaccination shall occur prior to arriving at the racetrack. Copies of current rabies certifications evidencing a vaccination and its expiration date, which are signed by a licensed veterinarian, shall be recorded with the division. When a greyhound’s rabies vaccination expires, a new vaccination shall occur, and certificate filed, prior to expiration.

(9) All greyhounds kenneled at a racetrack licensed under s.562.05(1)(a) and (b), Stats., shall be vaccinated against canine distemper virus, infectious canine hepatitis (canine adenovirus type 2), leptospirosis, parainfluenza, and parvo virus annually. If a greyhound does not possess a current vaccination against these diseases prior to kenneling at the racetrack, vaccination shall occur prior to arriving at the racetrack. Copies of current certifications evidencing vaccination against these diseases, which are signed by a licensed veterinarian, shall be filed with the division. When a greyhound’s vaccination expires, a new vaccination shall occur, and certification shall be filed prior to expiration.

(10) No greyhound may compete in a race if any vaccination required by the division has expired.

(11) No licensee shall possess any device capable of forced ingestion or absorption into a greyhound by human means unless the licensee possesses a written order from a veterinarian or the item is listed below:

(a) Oral syringe

(b) Eye dropper

(c) Inhalation device

(12) No greyhound shall be rectally, orally, vaginally, naso-gastrically or gastrically probed or intubated without a written order from a veterinarian or have any item placed in a body cavity of a greyhound for the purpose of causing the animal to lose or gain weight.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (5), cr. (7) and (8), Register, July, 1990, No. 415, eff. 8-1-90; CR 03-070: r. (2), renum. (3) to be (2) and am., am. (4), (6), (8), cr. (9) to (12) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 15.06 Scientific research {#sec-game-15.06 omnilex-key=us-wi-regs-official--agency-game--Game 15.06}

(1) No licensee, except the greyhound’s owner, may directly or indirectly transport or arrange transportation of a greyhound that has raced in the state of Wisconsin to a facility licensed by the United States Department of Agriculture for the purpose of the greyhound participating in animal research or blood donation.

(2) No licensee shall directly or indirectly remove a greyhound from the grounds of the racetrack without the owner’s consent, except in removals of greyhounds for the purpose of obtaining veterinary care.

History

• CR 03-070: cr. Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 15.07 Kennel standards {#sec-game-15.07 omnilex-key=us-wi-regs-official--agency-game--Game 15.07}

Kennels and the kennel compound shall be maintained by the association and kennel owners in the following manner to promote the health, safety, and welfare of racing greyhounds and humans:

(1) Kennel facilities shall be structurally sound, maintained in good repair, and protect animals housed in the facilities from injury.

(2) All kennel facilities and other buildings comprising the kennel compound shall have locks on all outside doors to protect against illegal entry. When kennel facilities and buildings used for the purposes of storage or maintenance are unattended by authorized personnel, all doors and gates must be secure and locked. One copy of the key for the lock shall be maintained by the kennel compound security officer for the purpose of accessing the building in the event of an emergency.

(3) All kennel facilities shall have a functional climate control system to regulate the air temperature in the kennel to a minimum of 60 degrees during the winter heating season and 78 degrees during the summer cooling season.

(4) Kennel personnel shall inspect the kennel and turn-out pens before leaving the kennel and immediately upon return to determine if unauthorized persons or unattended greyhounds are present. The presence of unattended greyhounds or unauthorized persons shall be immediately reported to the on-duty kennel compound security officer. The following shall constitute a violation of this section:

(a) The presence of 2 or more greyhounds in a turn-out pen when no person representing the kennel is present within 20 feet of the kennel.

(b) The presence of one or more greyhounds in a turn-out pen when no person representing the kennel is present on the grounds of the racetrack.

(5) Kennel personnel shall inspect the turn-out pens prior to placing greyhounds in the pens to ensure the absence of foreign matter, signs of unauthorized entry, open gates, or damaged fencing.

(6) All kennels and the kennel compound shall be sufficiently luminated both internally and externally.

(7) The following rules shall govern electrical use in a kennel:

(a) Electrical outlets shall have coverplates, and all electrical wiring and lights shall be maintained in a manner which protects against damage by or injury to a greyhound.

(b) Devices in use shall be connected directly or with an electrical cord not more than 50 feet long to an electrical outlet.

(8) All turn-out pens shall meet the following specifications:

(a) The turn-out pens surface shall have a minimum base consisting of 4 inches of sand that has been routinely aerated to provide an adequate drainage system to minimize areas of standing water.

(b) All turn-out pens shall have at least one gate a minimum of 36 inches wide.

(c) All turn-out pens shall be free of weeds and grass.

(d) All feces buckets located in a turn-out pen shall have secure lids.

(e) All feces located in turn-out pens or within 50 feet of a kennel building shall be picked up and discarded in the designated receptacle(s) no less than one time per day.

(9) Kennels and all areas and buildings within the kennel compound shall be free of sharp or protruding objects and maintained in a clean manner which promotes the health, safety and well being of greyhounds housed on association grounds. This shall include ensuring grass and weeds within 20 feet of any structure, motor vehicle, turn-out pen, or sprint path are not in excess of 5 inches in height.

(10) All kennel floors and walls shall be impervious to water and free from feces, blood, and urine.

(11) All food and bedding shall be stored in a manner that prevents contamination and deterioration.

(12) All kennels shall have interior running hot and cold water and an exterior cold water faucet.

(13) All kennels shall have at least one fire extinguisher in working order.

(14) All kennel buildings shall have at least one operational window with a screen and two operational exterior doors, one of which shall lead to a turn-out pen.

History

• CR 03-070: cr. Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 15.08 Rodent and insect control {#sec-game-15.08 omnilex-key=us-wi-regs-official--agency-game--Game 15.08}

(1) All racing associations and kennel owners shall provide systematic and effective insect and rodent control, including control of flies, mosquitoes, fleas, ticks, and mice, to all areas on association grounds under the association’s or kennel owner’s control.

(2) No kennel owner or trainer shall present a greyhound for weigh-in if that greyhound is infested with fleas or ticks. Greyhounds observed by the division veterinarian or steward during weigh-in or weigh-out to be infested with fleas or ticks shall be scratched.

History

• CR 03-070: cr. Register November 2003 No. 575, eff. 12-1-03.

Chapter Game 16 PROHIBITED ACTIVITIES OF EMPLOYEES OF LICENSEES

Wis. Admin. Code § Game 16.01 Purpose {#sec-game-16.01 omnilex-key=us-wi-regs-official--agency-game--Game 16.01}

The purpose of this chapter is to establish rules which identify prohibited activities of employees of licensees.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 16.02 Definitions {#sec-game-16.02 omnilex-key=us-wi-regs-official--agency-game--Game 16.02}

(1) “Touting” means the act of soliciting anything of value in exchange for information regarding the outcome of a race conducted at a pari-mutuel race meeting under the jurisdiction of the division.

(2) “Bookmaking” means the act of accepting a wager from a patron of a pari-mutuel race meeting with the intent to withhold the wager from the pari-mutuel pool.

(3) “Theft” means the act of knowingly exerting control over state revenue or the revenue of a racing association or, by deception, obtaining control over patron dollars.

(4) “Wagering” means the act of placing a wager or accepting a payout on a wager or both.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: cr. (4) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 16.03 Wagering {#sec-game-16.03 omnilex-key=us-wi-regs-official--agency-game--Game 16.03}

(1) No employee of any person licensed pursuant to s. 562.05 (1) (a), (b), (c), Stats., shall place any wagers, or cause any wager to be placed, directly or indirectly, on any race during the time he or she is working. Any employee shall be deemed to be working from the start of their shift until the end of the shift and may not wager during breaks, lunch, or any other time before they are discharged from their duties that day. No employee may wager while wearing any clothing or other identification that indicates they are an employee of a licensee.

(2) No person licensed pursuant to s. 562.05 (1) (a), (b), or (c), Stats., as a racing official may place any wager, directly or indirectly, at any track under the jurisdiction of the division.

(3) An occupational licensee having immediate care and custody of more than one animal entered in a particular race shall not wager on that race.

(4) An occupational licensee may wager on a race in which no animal in the licensee’s immediate care is entered in that race.

(5) An occupational licensee having immediate care and custody of one animal entered in a particular race may cash a winning pari-mutuel ticket for a race only if the animal in the licensee’s care and custody is one of the greyhounds comprising the official order of finish for the pool in which the licensee is cashing the pari-mutuel ticket.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (3), Register, July, 1990, No. 415, eff. 8-1-90; CR 03-070: r. and recr. (1), renum. (2) and (3) to be Game 16.05 and 16.06, cr. (2) to (5) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 16.04 Substance abuse {#sec-game-16.04 omnilex-key=us-wi-regs-official--agency-game--Game 16.04}

No licensee shall perform duties on association grounds or display an identification badge while under the influence of alcohol or any controlled substance.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: r. and recr. Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 16.05 Theft {#sec-game-16.05 omnilex-key=us-wi-regs-official--agency-game--Game 16.05}

No employee of any person licensed pursuant to s. 562.05 (1) (a), (b) or (c), Stats., shall commit theft.

History

• CR 03-070: renum. from s. Game 16.03 (2) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 16.06 Touting and bookmaking {#sec-game-16.06 omnilex-key=us-wi-regs-official--agency-game--Game 16.06}

No person shall engage in touting or bookmaking.

History

• CR 03-070: renum. from s. Game 16.03 (3) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 16.07 Telephone and internet wagering {#sec-game-16.07 omnilex-key=us-wi-regs-official--agency-game--Game 16.07}

No licensee shall place or cause to be placed any wager through a telephone or internet service provider on association grounds.

History

• CR 03-070: cr. Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 16.08 False or misleading information {#sec-game-16.08 omnilex-key=us-wi-regs-official--agency-game--Game 16.08}

No licensee shall provide false or misleading information to the division or division staff.

History

• CR 03-070: cr. Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 16.09 Failure to cooperate {#sec-game-16.09 omnilex-key=us-wi-regs-official--agency-game--Game 16.09}

No licensee shall fail to cooperate with the division or division staff in the course of a division investigation or inquiry.

History

• CR 03-070: cr. Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 16.10 Misconduct {#sec-game-16.10 omnilex-key=us-wi-regs-official--agency-game--Game 16.10}

No licensee by action or failure to act shall create or contribute to a situation or circumstance which creates a threat to the public health, safety or welfare, or the integrity of racing and pari-mutuel wagering.

History

• CR 03-070: cr. Register November 2003 No. 575, eff. 12-1-03.

Chapter Game 19 SCHEDULE OF SUSPENSIONS, REVOCATIONS AND FORFEITURES

Wis. Admin. Code § Game 19.01 Purpose {#sec-game-19.01 omnilex-key=us-wi-regs-official--agency-game--Game 19.01}

This chapter sets forth the factors and schedule of penalties to be utilized by the stewards and the division in assessing a penalty for a violation of ch. 562, Stats., or the division’s rules.

History

• Cr. Register, July, 1990, No. 415, eff. 8-1-90.

Wis. Admin. Code § Game 19.02 Scope {#sec-game-19.02 omnilex-key=us-wi-regs-official--agency-game--Game 19.02}

This chapter shall apply to all violations of ch. 562, Stats., or the division’s regulations for which either a listing of factors to be considered or a specification of penalties is not contained elsewhere in ch. 562, Stats., or the division’s rules.

History

• Cr. Register, July, 1990, No. 415, eff. 8-1-90.

Wis. Admin. Code § Game 19.03 Factors in aggravation and mitigation {#sec-game-19.03 omnilex-key=us-wi-regs-official--agency-game--Game 19.03}

In assessing a penalty the following factors shall be considered:

(1) The age and experience of the violator;

(2) The number of previous rule violations for the same or related offense;

(3) The total number of racing rule or statute violations assessed against the violator;

(4) Actions taken by the violator to avoid the violations;

(5) The extent of the violator’s direct involvement in the violation;

(6) The effect of the violation on innocent third parties;

(7) The extent the violator would profit from the misconduct;

(8) The effect on revenue to units of government, or other state interests including, but not limited to, the public’s perception of the integrity of racing and wagering thereon;

(9) Whether the violator acted negligently, willfully or recklessly; and

(10) Any other factor which is material and relevant to the case.

History

• Cr. Register, July, 1990, No. 415, eff. 8-1-90.

Wis. Admin. Code § Game 19.04 Range of penalties {#sec-game-19.04 omnilex-key=us-wi-regs-official--agency-game--Game 19.04}

(1) The following classes of violations shall subject the violator to the penalties set forth below:

(a) Any violation which affects, or could reasonably be expected to affect, the outcome of a race shall be subject to a maximum forfeiture of $10,000, lifetime suspension or revocation of licensure or any combination;

(b) Any violation which affects, or could reasonably be expected to affect, the outcome of a race shall be subject to a maximum forfeiture of $10,000, lifetime suspension or revocation of licensure or any combination;

(c) Any violation which affects, or could reasonably be expected to affect, the health, safety or welfare of any licensee or member of the public shall be subject to a maximum forfeiture of $10,000, lifetime suspension or revocation of licensure or any combination;

(d) Any violation which affects, or could reasonably be expected to affect, the health, safety or welfare of a racing animal shall be subject to a maximum forfeiture of $5,000, suspension of licensure not to exceed 10 years, or revocation of licensure or any combination;

(e) Any violation which decreases the ability, or could reasonably be expected to decrease the ability, of the division to exercise its regulatory functions shall be subject to a maximum forfeiture of $10,000, or suspension of licensure not to exceed 5 years or revocation of licensure or any combination;

(f) Any violation which affects, or could reasonably be expected to affect, the functioning and operation of a race meeting shall be subject to a maximum forfeiture of $1,000, licensure suspension not to exceed 5 years or revocation of licensure or any combination;

(g) Any violation by an occupational licensee which is not previously categorized shall be subject to a maximum forfeiture of $1,000, licensure suspension not to exceed one year or revocation or any combination.

(h) Any violation for which the division determines the assessment of the maximum penalty provided in par. (d), (e), (f) or (g) would be insufficient to adequately address the misconduct shall be subject to a maximum forfeiture of $10,000, lifetime suspension or revocation of licensure or any combination, upon a specific finding by the division, including the reasons why the imposition of a harsher penalty is warranted.

(i) Any violation by a licensee of s. Game 16.03 (1) or 16.04 shall be subject to a minimum forfeiture equal to the amount of money wagered and won when committing the violation.

(j) Any violation by a licensee of s. Game 14.03 or 14.04 shall be subject to a minimum penalty which includes a requirement to return all purse monies won by the greyhound owner and kennel owner to the association. Furthermore, the association shall be ordered to redistribute the purse monies received to the greyhound owners and kennel owners who would have been entitled to increased purse money if the greyhounds which raced in violation of s. Game 14.03 or 14.04 would have been disqualified.

History

• Cr. Register, July, 1990, No. 415, eff. 8-1-90; CR 03-070: cr. (1) (i) and (j) Register November 2003 No. 575, eff. 12-1-03.

Chapter Game 20 CONCESSIONAIRES

Wis. Admin. Code § Game 20.01 Purpose {#sec-game-20.01 omnilex-key=us-wi-regs-official--agency-game--Game 20.01}

This chapter applies to all persons who sell or provide food, beverages, programs, tip sheets, parking or any other goods or services to the public at any race track or, goods or services to licensees on the grounds of a race track.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 20.02 Definitions {#sec-game-20.02 omnilex-key=us-wi-regs-official--agency-game--Game 20.02}

(1) “Food service concessionaire” means any person who provides for sale to the general public or occupational licensees, prepared foodstuff including both food and beverages for human consumption.

(2) “Concessionaire” means any vendor selling a product other than food or beverages.

(3) “Substantial owner” means any person owning 5% or more interest in a food service concessionaire or concessionaire.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 20.03 License required {#sec-game-20.03 omnilex-key=us-wi-regs-official--agency-game--Game 20.03}

No food service concessionaire or concessionaire shall operate at any race track without a license duly issued by the division.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 20.04 License application {#sec-game-20.04 omnilex-key=us-wi-regs-official--agency-game--Game 20.04}

(1) An application for a license to operate as a food service concessionaire or concessionaire shall be made on forms furnished by the division.

(2) One original and 10 executed copies of the application shall be filed with the division for food service concessionaire licenses.

(3) An applicant for a license as a food service concessionaire shall submit with the application all relevant contracts including but not limited to contracts with suppliers, contracts with any and all racing associations, and instruments evidencing any indebtedness between the applicant and any and all racing associations.

(4) If circumstances change or events occur after the application is filed so that the application no longer presents the correct facts the applicant shall submit an amendment to the section of the application form so affected.

(5) The division shall require a fee for licenses to cover background investigations and general operations. The fee for the first year of operation shall be $1,500 for food service concessionaires. Subsequent license fees for food service concessionaires shall be $10.00 per performance granted to the track at which the licensee operates. All other concessionaires will be required to pay an annual $ 75.00 license fee. Charitable organizations, community organizations, and promotional event organizers may be exempt from obtaining a concessionaire’s license. Any request for exemption must be made by the participating racetrack three days prior to the event. An entity is eligible for such an exemption only if it will not operate as a concessionaire at more than 10 race days during a race meet.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (5), Register, July, 1990, No. 415, eff. 8-1-90; emerg. am. (5), eff. 11-1-94; am. (5), Register, May, 1995, No. 473, eff. 6-1-95; CR 03-070: am. (5) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 20.05 Time of filing {#sec-game-20.05 omnilex-key=us-wi-regs-official--agency-game--Game 20.05}

(1) Application for a license as a food service concessionaire shall be filed with the division at least 60 days prior to the opening of the racing meet at the race track at which the food service concession is to be operated.

(2) The division may for good cause waive the time limitation set forth in sub. (1).

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 20.06 Application contents - substantial owners {#sec-game-20.06 omnilex-key=us-wi-regs-official--agency-game--Game 20.06}

Each applicant shall disclose all information required by the division.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 20.07 Grounds for denial {#sec-game-20.07 omnilex-key=us-wi-regs-official--agency-game--Game 20.07}

The division may refuse a license to any person pursuant s. Game 13.07.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471.

Wis. Admin. Code § Game 20.08 Food service concessionaire {#sec-game-20.08 omnilex-key=us-wi-regs-official--agency-game--Game 20.08}

Any person seeking a license shall, on or before the date of application, disclose on forms prescribed by the division, all officers, directors, owners and creditors of 5% or more of any interest in the applicant. The forms shall be submitted sworn to oath as prescribed in the form and shall be considered as part of the application for a license to operate as a food service concessionaire.

Note: A person extending credit for one year or more or extending credit in excess of $10,000 for less than one year but more than 30 days shall be considered a creditor for the purposes of this rule.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 20.09 Change of owners, directors and officers {#sec-game-20.09 omnilex-key=us-wi-regs-official--agency-game--Game 20.09}

Within 15 days after election, appointment or acquisition of substantial ownership, the food service concessionaire shall disclose to the division in writing the identity of each new officer, director or substantial owner of the license.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Wis. Admin. Code § Game 20.10 Financial statements {#sec-game-20.10 omnilex-key=us-wi-regs-official--agency-game--Game 20.10}

(1) At the end of each race meeting each food service concessionaire shall prepare and submit to the division a record of its operations at the track. The report shall include verified financial statements including:

(a) Balance sheet; and

(b) A statement of profit and loss showing the food service concessionaire’s combined operations for that year; and

(c) The results of such operations for each specified racing meet at which the food service concessionaire conducted business during the year.

(2) Income and expense items shall be shown in such detail as required in accordance with generally accepted accounting principles. Such report shall be filed with the division within 120 days after the end of each individual meet unless a written extension is received from the division.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. (2) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 20.11 License deemed personal {#sec-game-20.11 omnilex-key=us-wi-regs-official--agency-game--Game 20.11}

Licenses to operate as a food service concessionaire and concessionaire are non-transferable and will terminate upon a substantial change of ownership unless the division has granted prior approval. The sale or transfer of 25% or more of the ownership of a food service concessionaire or concessionaire 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 considered in the initial grant of a license to a food service concessionaire or concessionaire.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. Register, July, 1990, No. 415, eff. 8-1-90.

Chapter Game 23 WISCONSIN OWNED PROGRAM

Wis. Admin. Code § Game 23.01 Purpose {#sec-game-23.01 omnilex-key=us-wi-regs-official--agency-game--Game 23.01}

This chapter ensures that certain kennels and greyhounds are owned by residents of Wisconsin.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 23.02 Wisconsin owned program {#sec-game-23.02 omnilex-key=us-wi-regs-official--agency-game--Game 23.02}

(1) Each association shall make a good faith effort to ensure that at least 2 kennels, whether sole proprietorships, corporations, or any other form of business entity or association, with whom the association contracts are wholly owned by Wisconsin residents. All kennel operators that the association extends a contract to shall be properly qualified in the raising, racing, and training of greyhounds.

(4) Wisconsin owned greyhounds shall be designated in the program with a symbol approved by the division.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. Register November 2003 No. 575, eff. 12-1-03; emerg. r. (2), eff. 1-8-04; CR 04-019: r. (2) Register July 2004 No. 583, eff. 8-1-04.

Wis. Admin. Code § Game 23.03 Annual report {#sec-game-23.03 omnilex-key=us-wi-regs-official--agency-game--Game 23.03}

The division shall require each association holding a license in Wisconsin to report annually on the participation of Wisconsin residents in the racing of greyhounds in the state. The report must be submitted each year within 90 days after the last day of the race meet. The report shall include statistics on the number of Wisconsin residents who own contract kennels at the track and the number of Wisconsin owned greyhounds which have raced at the track in the past year. Each association must report on how any kennel opening occurred in the past year was filled. If a kennel opening has occurred, qualified Wisconsin residents must have been considered. The qualifications a Wisconsin resident must demonstrate in order to be considered include but are not limited to: residency in Wisconsin; an established history in the greyhound industry; a breeding program – including ownership of a farm or brood stock and/or relationships with breeders; the percentage of greyhounds owned vs. leased by the applicant; and financial responsibility. The division shall review each association’s report and may make recommendations or may impose requirements relative to promoting participation of Wisconsin residents in greyhound racing at its track.

History

• Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. Register November 2003 No. 575, eff. 12-1-03.

Chapter Game 24 INTERTRACK WAGERING

Subchapter I Definitions

Wis. Admin. Code § Game 24.01 Purpose {#sec-game-24.01 omnilex-key=us-wi-regs-official--agency-game--Game 24.01}

The purpose of this chapter is to govern procedures relative to the conduct of intertrack and simulcast wagering.

History

• Cr. Register, April, 1994, No. 460, eff. 5-1-94; emerg. am. eff. 8-25-95; am. Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § Game 24.02 Definitions {#sec-game-24.02 omnilex-key=us-wi-regs-official--agency-game--Game 24.02}

In this chapter:

(1) “Commingled pool” means the combination of wagering data and monies wagered for specific pools of the host track with wagering data and monies wagered for specific pools of guest tracks for the purposes of calculating the odds and the payout prices and allowing for the guest track to adopt the host track’s takeout rate.

(2) “Core to core transmission” means the accumulation of wagering data in one racetrack’s totalizator system and transmission of this data directly to the totalizator system of another racetrack.

(3) “Decoder” means a device or means, or both, to convert encrypted audiovisual signals or data, or both, into a form recognizable as the original content of the signals.

(4) “Direct private line” means a direct, private telephone line to be used exclusively by the mutuel manager, whose duties are described in s. Game 8.03 (2), and totalizator operator or their designees to communicate directly, and shall have no other permissible purpose.

(5) “Downlink” means a receiving antenna coupled with an audiovisual signal receiver compatible with and capable of receiving simultaneous audiovisual signals or data, or both, emanating from a host track, and includes the electronic transfer of received signals from the receiving antenna to TV monitors within the guest track facility.

(6) “Encryption” or “encrypted” means the scrambling or other manipulation of audiovisual signals to mask the original audio and video content of the signals and so cause such signals to be indecipherable and unrecognizable to any person receiving such signal unless the person has a decoder.

(7) “Guest licensee” means the licensee licensed under s. 562.05 (6m), Stats., and authorized by the division to receive a broadcast of races for the purpose of conducting pari-mutuel wagering.

(8) “Guest track” means the racetrack or an out-of-state site receiving a broadcast of races from another racetrack for the purpose of conducting pari-mutuel wagering.

(9) “Honor” means to accept a pari-mutuel ticket for the purpose of canceling, refunding, exchanging, or cashing in exchange for a payout.

(10) “Host licensee” means the licensee licensed under s. 562.05 (6m), Stats., and authorized by the division to conduct live racing and transmit a broadcast of said races to guest tracks.

(11) “Host track” means the racetrack which is conducting live racing and is the provider of the broadcast of said races to the guest track.

(12) “Minus-pool” means the amount distributable to winners in excess of the net pool.

(13) “Racetrack” means any racetrack licensed under s. 562.05 (1) (b), Stats.

(14) “Takeout” means the percentage of the pari-mutuel pool deducted by the association which includes pari-mutuel taxes, breakage, etc., prior to distribution of the pool.

(15) “Ticket issuing machine” or “TIM” means a machine which prints hard copies of wagers.

(16) “Totalizator system” means a computer system that accepts, records, issues, and accounts for all wagering information and transactions that occur during a race meeting.

(17) “TOTE” means a term of art referring to a totalizator system.

(18) “Transponder” means leased space segment time of an earth orbit communication satellite.

(19) “Uplink” means an earth station broadcasting facility, whether mobile or fixed, which is used to transmit audiovisual signals or data, or both, on federal communications division-controlled frequencies, and includes any transfer of audiovisual signals from within a racetrack enclosure to the location of the transmitter at the uplink.

History

• Cr. Register, April, 1994, No. 460, eff. 5-1-94; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; emerg. am. (1), (8) and (16), eff. 8-25-95; am. (1), (8) and (16), Register, January, 1996, No. 481, eff. 2-1-96.

Subchapter II In-State Intertrack Wagering

Wis. Admin. Code § Game 24.03 Application for intertrack wagering license and fees {#sec-game-24.03 omnilex-key=us-wi-regs-official--agency-game--Game 24.03}

(1) An applicant for an intertrack wagering license under s. 562.05 (1) (e), Stats., shall file with the division, at a time determined by the division, an application in the form and manner prescribed by the division, and any exhibits required by the division.

Note: The forms may be obtained at the division’s office at 150 E. Gilman, Room 1000, Madison WI 53703.

(2) The applicant shall submit with the application a cashier’s check or certified check in the amount as set forth in sub. (3), payable to the division, as a non- refundable application fee.

(3) The application fee for an intertrack license shall be $2,500.00.

(4) A license fee of $50.00 shall be assessed for each race performance on which intertrack wagering is not offered as an adjunct to a live on-track performance. There shall be no fee when intertrack wagering is offered as an adjunct to a live on-track performance. This fee shall be paid within 10 days after receipt of approval by the division.

(5) The division shall grant a license for intertrack wagering under s. 562.05 (1) (a) or (b), Stats., only when intertrack wagering is offered 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.

History

• Cr. Register, April, 1994, No. 460, eff. 5-1-94.

Wis. Admin. Code § Game 24.04 Duties of a host licensee in conducting intertrack wagering {#sec-game-24.04 omnilex-key=us-wi-regs-official--agency-game--Game 24.04}

(1) The host licensee shall do all of the following:

(a) Conduct intertrack wagering via core to core or machine (TIM) to tote transmissions with the guest track.

(b) Be responsible for the content of its broadcast and shall use all reasonable effort to present a broadcast which offers the viewers an accurate depiction of its racing program, a display of wagering information, and a continuity of programming between racing events. All equipment to be utilized in the generation, transmission, reception, or in any way affecting the audiovisual signal for which ratings are supplied shall be rated as broadcast quality by the federal communications commission.

(c) Provide:

1. An uplink system or other systems or devices approved by the division;

2. A transponder or other systems or devices approved by the division;

3. Such security controls over its communication system, as approved by the division, as are necessary to protect the security of the signals, protect the best interests of the public and to maximize revenues to the state as approved by the division;

(d) Encrypt every audiovisual signal transmitted via satellite using a time displacement decoding algorithm encryption system which has been approved by the division or an equivalent encryption system approved by the division. Any method of transmitting audiovisual signals may not be used until approved by the division.

(e) Maintain a facsimile machine located in the totalizator room. Except as provided under par. (f), any changes in the host track racing program shall be transmitted by facsimile machine, by the mutuel manager. All information shall be faxed on report forms approved by the division.

(f) Maintain a direct private line telephone in the totalizator room between each host track and guest track. Such direct private line telephone communication will be used to relay information during instances when facsimile transmission is not possible, or when facsimile transmission is not timely due to urgency of communication. Any direct private line telephone communication shall be confirmed in writing by the mutuel manager or designee within 24 hours of the end of the program. A copy shall be provided to the division auditor, pursuant ss. Game 8.17 and 10.03. There shall be a recording device installed on the direct private line telephone at the host track.

(g) Ensure that the primary means of wagering data transmission is through a dedicated digital data line or a line of sufficient speed as approved by the division. There shall be backup data lines in the event of primary line failure. Such backup lines may be dial-up lines. In all such circumstances when a dial-up line is used as a backup method of transmission, a report shall be filed with the division auditor within 48 hours. Such report shall contain the date and time of the occurrence, the duration, the steps that were taken to correct it, and, if known, the reason for the failure.

(h) Communicate from the host track mutuel manager to all guest track mutuel managers or their designee immediately upon receipt of the information wagering format changes or other information relative to the races or wagering thereon. Host track and guest track mutuel managers shall notify totalizator managers, division auditors, and the public upon receipt of the information.

(i) Not delay post times for purposes of accumulating wagers from guest track locations, with the exception of an emergency which requires a manual merge of wagering data as described in s. Game 24.07 (2) (a). Post times for a race displayed at host track locations and guest track locations shall be the same.

(j) Keep at least one television monitor exclusively for reviewing the signal received by its guest track facilities during an intertrack performance. Said television monitor shall be monitored in a manner which shall be established by guest track facility.

(k) Issue the stop bet command at the moment the lure begins its movement.

(2) The audiovisual contractor or host track shall ensure that every audiovisual signal shall contain the following in its video content:

(a) The date;

(b) A digital display of the actual time of day;

(c) The name of the racetrack from which it emanates;

(d) The minutes to post for each race;

(e) The number of the race being displayed; and

(f) An indication that a race being shown is a replay of a previously run race, if it is a replay.

(3) The audiovisual contractor or host track shall not earlier than one hour and not later than 15 minutes prior to the commencement of transmission of a race, perform a test program of its transmitter, encryption, decoding, data communication, or other systems or devices approved by the division, to assure proper operation of the broadcast system. Any irregularity shall be reported immediately to the division auditor, pursuant to ss. Game 8.17 and 10.03.

History

• Cr. Register, April, 1994, No. 460, eff. 5-1-94; correction in (1) (f), (i) and (3), made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; emerg. am. (2) (c), eff. 8-25-95; am. (2) (c), Register, January, 1996, No. 481, eff. 2-1-96; correction in (1) (e) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1996, No. 487.

Wis. Admin. Code § Game 24.05 Duties of host licensee in accounting and reporting {#sec-game-24.05 omnilex-key=us-wi-regs-official--agency-game--Game 24.05}

The host licensee shall do all of the following:

(1) For purposes of distribution of the wagering pools: breakage pools and minus pools shall be allocated pro-rata based on the percentage of winning dollars wagered at each location for each entry, pool and race, pursuant to s. 562.065 (3) (e), Stats., and s. Game 8.07.

(2) In order to facilitate the transfer of money between host licensees and guest licensees, each host track shall perform a daily reconciliation of their racing accounts and all amounts due to or from guest tracks. The frequency of transfer of monies between host tracks and guest tracks shall be as specified by contract, but shall occur at least weekly. A weekly report of the accounts payable and receivable incurred from intertrack pari-mutuel activity shall be submitted to the division auditor by the host track listing the balance of the host track and all guest tracks that are commingling pools with the host track. The forms used to keep a running balance for each racetrack shall be approved by the division.

History

• Cr. Register, April, 1994, No. 460, eff. 5-1-94; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; emerg. am. (2), eff. 8-25-95; am. (2), Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § Game 24.06 Duties of the guest licensee in intertrack wagering {#sec-game-24.06 omnilex-key=us-wi-regs-official--agency-game--Game 24.06}

The guest licensee shall do all of the following:

(1) Conduct intertrack wagering via core to core or machine (TIM) to tote transmissions with the host track.

(2) The totalizator operator shall discontinue intertrack wagers upon the issuance of the stop bet command issued by the host track steward, or if the stop bet command is not received, at the time the lure begins its movement. All guest tracks shall signal the cessation of wagering by sounding an off bell.

(3) Only offer pools which are the same as those offered by the host licensee, but the guest licensee is not required to offer all pools offered by the host licensee. Guest licensees may elect to exclude pools offered by the host licensee upon contractual agreement between the guest licensee and the host licensee. The host track shall also determine the minimum ticket price that is available for each pool.

(4) Cycle of frequency of the change of odds displayed on the display devices at intervals of not more than 60 seconds. An explanation shall be provided in the racing program indicating that odds and other wagering information may be delayed due to the accumulation and transfer of intertrack wagering data.

(5) In order to facilitate the transfer of money between host tracks and guest tracks, perform a daily reconciliation of its racing accounts and all amounts due to or from the host track. The frequency of the transfer of monies between host tracks and guest tracks shall be as specified by contract, but shall occur at least weekly.

(6) Ensure that tickets sold at guest tracks conform to the requirements of s. Game 10.06 (7), and be identified as intertrack wagers.

(7) Not earlier than one hour and not later than 15 minutes prior to the commencement of transmission of a race, perform a test program of its transmitter, encryption, decoding, or other systems or devices approved by the division, data communication to assure proper operation of the broadcast system. Any irregularity shall be reported immediately to the division auditor, pursuant to ss. Game 8.17 and 10.03.

(8) Provide sufficient television monitors in each totalizator room at the guest track to provide key totalizator employees a view of all animals starting in each race at any host track.

(9) Maintain a facsimile machine located in the totalizator room. In the event that a manual transmission of data is necessary the facsimile machine shall be the priority method of receiving any changes in the host track racing program, or any wagering data.

(10) Maintain a direct private line telephone with the host track located in the totalizator room. Such direct private line telephone communication will be used to receive information during instances when facsimile transmission is not possible, or when facsimile transmission is not timely due to urgency of communication. Any direct private line telephone communication shall be confirmed in writing by the mutuel manager or designee within 24 hours of the end of the program. A copy shall be provided to the division auditor.

(11) Display the same post time as the host track for all intertrack races.

(12) Provide:

(a) If satellite transmission is utilized, a downlink system which does not interfere with the closed circuit television system utilized by the guest track association for patron information;

(b) Such security controls over its communication system, as approved by the division, as are necessary to protect the security of the signals, protect the best interests of the public and to maximize revenues to the state as approved by the division;

(c) One or more information windows to address patron complaints, questions, inquiries, and which shall contain a copy of the division’s administrative rules for patron review.

(13) All monies retained by a guest track from intertrack wagering pools as purse monies shall be deposited weekly in an interest-bearing account. All proceeds from the account, including interest, shall be distributed as purses as approved by the division.

History

• Cr. Register, April, 1994, No. 460, eff. 5-1-94; correction in (6) and (7) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471.

Wis. Admin. Code § Game 24.07 Intertrack wagering - emergency procedures {#sec-game-24.07 omnilex-key=us-wi-regs-official--agency-game--Game 24.07}

The following emergency procedures are established:

(1) Prior to the commencement of wagering on the first race on an intertrack wagering program, both the audio and video signals must be present at the guest track in order for intertrack wagering at the guest track to be conducted. In the event of a loss of either the audio or visual signal , during the race performance, wagering may continue only until the scheduled post-time of the current race at the host track. If both the audio and visual signals are lost, wagering shall immediately cease at the guest track and may not resume until both the audio and visual signal are restored. Any advance bets made, provided there has not been an accompanying data transmission failure, must be treated as valid bets and paid out accordingly.

(2) In the event of an impairment of the ability of a totalizator to record, classify, or accumulate wagering data or to do calculations, or if wagering data is lost, the following procedures shall apply:

(a) In the event the guest licensee’s totalizator system fails, all money wagered on the race that was entered into the host track’s pools from that guest licensee’s totalizator system prior to the time of failure shall remain in the host track’s pools only if the guest licensee’s totalizator system is reestablished by the start of the race. If the guest licensee’s totalizator system is not reestablished by the start of the race, then all money wagered on the race at that guest licensee shall be refunded. In the event money wagered on the race did not enter into the host track’s pools and such pool data is available in the guest track totalizator system, a manual merge with the host track’s pools shall be performed.

(b) In the event the host track’s totalizator system fails, all wagering at the host track and guest track and all transmission of data from the guest track to the host track’s totalizator system shall cease until the host track system is fully operational.

1. If the host track’s totalizator system becomes operational before the start of the race and wagering data is available, transmission of data from guest tracks and wagering shall resume at all racetracks until the stop bet command is issued by the host track.

2. If the host track’s totalizator system is not operational before the start of the race and wagering data is lost, all wagers at all racetracks on the affected races shall be refunded.

History

• Cr. Register, April, 1994, No. 460, eff. 5-1-94; emerg. am. (1) (intro.), (b) 1. and 2., eff. 8-25-95; am. (1), (2) (b) 1. and 2., Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § Game 24.08 Intertrack wagering - ticket cashing requirements and procedures {#sec-game-24.08 omnilex-key=us-wi-regs-official--agency-game--Game 24.08}

Each guest licensee shall do all of the following:

(1) Tickets issued for intertrack wagers shall be honored in conformity with requirements of ch. Game 10. In addition to the specifications of that chapter, the following requirements shall apply:

(a) In core to core transmission tickets purchased at a guest track shall be cashed by the guest track only.

(2) Publicly display or explain in the official daily race program information regarding the amount of time patrons have to cash intertrack winning tickets at the guest track location, and the location and method of remitting winning tickets for cashing after the time has expired at the guest track location.

(3) There may be no cancellations of wagers at any racetrack other than that where the ticket is purchased.

History

• Cr. Register, April, 1994, No. 460, eff. 5-1-94; correction in (1) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; emerg. am. (2), eff. 8-25-95; am. (2), Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § Game 24.09 Change of ownership {#sec-game-24.09 omnilex-key=us-wi-regs-official--agency-game--Game 24.09}

Intertrack wagering licenses are personal in nature and may not be sold or otherwise transferred unless the division has granted prior written approval for such a change of ownership or transfer.

History

• Cr. Register, April, 1994, No. 460, eff. 5-1-94.

Wis. Admin. Code § Game 24.095 Termination of license {#sec-game-24.095 omnilex-key=us-wi-regs-official--agency-game--Game 24.095}

Any license issued under this chapter shall terminate if the holder of the license is no longer licensed under s. 562.05 (1) (b), Stats.

History

• Cr. Register, April, 1994, No. 460, eff. 5-1-94; emerg. am. eff. 8-25-95; am. Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § Game 24.10 Duration {#sec-game-24.10 omnilex-key=us-wi-regs-official--agency-game--Game 24.10}

Intertrack wagering licenses shall expire on the last date for which permission to conduct intertrack wagering has been approved by the division.

History

• Cr. Register, April, 1994, No. 460, eff. 5-1-94.

Subchapter III Interstate Broadcasts or Simulcasting

Wis. Admin. Code § Game 24.11 Interstate broadcasts - Wisconsin racetrack as host track {#sec-game-24.11 omnilex-key=us-wi-regs-official--agency-game--Game 24.11}

The following shall apply when a Wisconsin racetrack is the host track:

(1) A Wisconsin racetrack proposing to be a host track for simulcasting purposes shall provide written notification to the division at least 10 days prior to sending its races to out-of-state guest track locations. Notification to the division shall include the identification and location of the out-of-state guest tracks, the manner in which the pools will be formed at the guest track, and copies of all simulcast contracts with each out-of-state guest track.

(2) Wisconsin host tracks shall include as part of their contracts with out-of-state guest tracks all requirements of ch. Game 24 applicable to host tracks.

(3) Wisconsin host tracks shall not delay post times for purposes of accumulating wagers from out-of-state guest tracks, with the exception of an emergency which requires a manual merge of wagering data or emergencies beyond the control of the Wisconsin host track. No delay may occur without informing the stewards, prior to the next race.

(4) All contracts entered into by a Wisconsin host track with an out-of-state guest track shall include a provision to the effect that the guest track shall provide any and all information necessary for the host track’s accounting of its pari-mutuel activities and any information required by the division in Wisconsin for auditing purposes.

History

• Cr. Register, April, 1994, No. 460, eff. 5-1-94; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; emerg. renum. (1) to (3) to be (2) to (4) and am., cr. (1), eff 8-25-95; renum. (1) to (3) to be (2) to (4) and am., cr. (1), Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § Game 24.12 Interstate broadcasts - commingled pools {#sec-game-24.12 omnilex-key=us-wi-regs-official--agency-game--Game 24.12}

The following shall apply for interstate broadcasts with commingled pools:

(1) All contracts governing participation in interstate commingled pools shall be submitted to the division for approval prior to commingling pools as a guest or host track.

(2) Rules established for pari-mutuel pools for the out-of-state host track shall apply to the pari-mutuel pools offered at the Wisconsin guest track.

(3) When a Wisconsin racetrack is the host track, the wagers received by the out-of-state guest tracks may be transmitted to the host track in Wisconsin to form a commingled pool.

(4) Each Wisconsin guest track shall have individual contracts with each out-of-state host track and the Wisconsin guest tracks’ pools shall remain separate for accounting, auditing, reporting, purse calculations, tax liability, and all other statutory obligation purposes.

(5) When the commingled pool or a separate pool is formed in Wisconsin, the odds and the payout prices shall be calculated in accordance with the rules in ch. Game 9. In arriving at the amount distributable to the bettors, the total take-out being used by the Wisconsin host track shall apply.

(6) If any Pick (N) pool, exchange pool or any other pari-mutuel pool that is not provided for in ch. Game 9 is rejected by an out-of-state host track, then a refund of these pools shall be provided by the Wisconsin guest track.

(7) If a Wisconsin racetrack is the host track, all applicable provisions contained in ch. 562, Stats., regarding breakage shall apply. If a Wisconsin racetrack is the guest track, the division shall approve any agreement made between the Wisconsin guest track and any out-of-state host track governing the distribution of breakage.

(8) Taxes and other statutory obligations as required by s. 562.065 (3) (c), Stats., shall be applicable to wagers placed at a Wisconsin pari-mutuel facility and received by the Wisconsin host and guest tracks only. Any surcharges or withholding in addition to the takeout shall only apply in the jurisdiction imposing the surcharges or withholdings.

(9) If a Wisconsin guest track commingles its wagering pools with the wagering pools of an out-of-state host track and the wagering takeout deductions of the host track are outside the deductions set forth in s. 562.065 (3) (a), Stats., the Wisconsin guest track, with the prior approval of the division, may adopt the takeout deduction of the out-of-state host track so as to achieve a common takeout rate with other participants in the interstate commingled pool to produce a standard common payout price.

(10) A Wisconsin guest track proposing to participate in an interstate commingled pool may request that the division approve a methodology whereby the states of the host and guest tracks with different takeout rates for corresponding pari-mutuel pools may effectively and equitably combine wagers from the different states into an interstate common pool and achieve a net price payout.

(11) A Wisconsin guest track shall allow its patrons to wager on a specific race or race performance through more than one out-of-state host track.

History

• Cr. Register, April, 1994, No. 460, eff. 5-1-94; corrections in (3) and (5) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; renum. (1), (2), (3) and (6) to be (3), (4), (5) and (8) and am., r. (4) and (5), cr. (1), (2), (6), (7), (9) to (11), eff. 8-25-95; renum. (1) to (3) and (6) to be (3) to (5) and (8) and am., r. (4) and (5), cr. (1), (2), (6), (7), (9), to (11), Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § Game 24.13 Approval for simulcast wagering, fees, and charges {#sec-game-24.13 omnilex-key=us-wi-regs-official--agency-game--Game 24.13}

(1) A licensee under s. 562.05 (1) (b), Stats., prior to receiving simulcast races from out-of-state racetracks and acting as a guest track to conduct pari-mutuel wagering, must comply with the following:

(a) Notify its tote company 7 days prior to accepting commingled wagers.

(b) Receive prior division approval and comply with the following:

(c) File an application in the form and manner prescribed by the division and submit any exhibits required by the division for each host track in which simulcast races are to be received by the Wisconsin guest track.

(d) Submit a minimum simulcast fee of $20 for each race performance received from an out-of-state host track. In the event the regulatory costs of simulcasting incurred by the division exceeds the assessed fee, the division shall increase the simulcast fee equally to each association conducting simulcasting to ensure simulcast fees equal the expenses of regulating simulcasting. The fee shall be paid no later than 48 hours after the conclusion of the race day in which the simulcast performance started or, if the 48-hour period does not include a business day, on the first business day immediately following the close of the race day. This provision regarding the payment of fees shall be applicable if the guest track accepts wagers on any race of a race performance from an out-of-state host track.

(e) For a Wisconsin guest track at which $25,000,000 or more was wagered during the calendar year immediately preceding the year in which the Wisconsin guest track proposes to conduct wagering on simulcast races, at least 250 live race performances were conducted at the racetrack during that period.

(f) For a Wisconsin guest track at which less than $25,000,000 was wagered during the calendar year immediately preceding the year in which the Wisconsin guest track proposes to conduct wagering on simulcast races, at least 200 live race performances were conducted at the racetrack during that period.

(g) For a Wisconsin guest track, wagering on simulcast races shall be conducted at the Wisconsin guest track only as an adjunct to, and not in a manner that will supplant, wagering on live on-track racing at that racetrack, and wagering on simulcast races shall not be the primary source of wagering revenue at that racetrack.

(h) For a Wisconsin guest track, the conduct of simulcast wagering shall not adversely affect the public health, welfare, or safety.

(2) The division may deny or suspend approval to the Wisconsin guest track to receive simulcast races from an out-of-state host track based on the following:

(a) The out-of-state host track is not in good standing or licensed by the governing regulatory body entrusted with the oversight and licensing responsibilities of the host track.

(b) The jurisdiction from which the simulcast race originates does not have an animal drug testing program to test participating animals.

(c) Any reason which the division determines would affect the integrity of the wagering pools, totalizator system, or pari-mutuel wagering at either the host or guest track.

(3) After obtaining division approval to receive simulcast races from an out-of-state racetrack, any additions or deletions of race performances shall be submitted to the division for approval at least 72 hours prior to the proposed implementation of the change.

History

• Cr. Register, April, 1994, No. 460, eff. 5-1-94; emerg. r. and recr., eff. 8-25-95; r. and recr. Register, January, 1996, No. 481, eff. 2-1-96; emerg. am. (1) (d), eff. 3-1-96; am. (1) (d), Register, August, 1996, No. 488, eff. 9-1-96.

Wis. Admin. Code § Game 24.14 Duties of a Wisconsin host track in conducting simulcast wagering {#sec-game-24.14 omnilex-key=us-wi-regs-official--agency-game--Game 24.14}

(1) The Wisconsin host track shall do all of the following:

(a) Conduct simulcast wagering via core to core or (TIM) to tote transmissions with the out-of-state guest track.

(b) Be responsible for the content of its broadcast and use all reasonable effort to present a broadcast which offers the viewers an accurate depiction of its race performance, a display of wagering information, and a continuity of programming between racing events. All equipment to be utilized in the generation, transmission, reception, or in any way affecting the audiovisual signal for which ratings are supplied shall be rated as broadcast quality by the federal communications commission.

(c) Provide all the following:

1. An uplink system or other systems or devices approved by the division.

2. A transponder or other systems or devices approved by the division.

3. Security controls over its communication system, as approved by the division, as are necessary to protect the security of the signals, protect the best interests of the public and to maximize revenues to the state as approved by the division.

(d) Encrypt every audiovisual signal transmitted via satellite using a time displacement decoding algorithm encryption system which has been approved by the division or an equivalent encryption system approved by the division. Any method of transmitting audiovisual signals may not be used until approved by the division.

(e) Maintain a facsimile machine utilizing an independent private telephone line located in the vicinity of the mutuel or totalizator room. Except as provided under par. (f), any changes in the host track race performance shall be transmitted by facsimile machine by the mutuel manager. All information shall be faxed on report forms approved by the division.

(f) Maintain a direct telephone line in the totalizator room. The direct private line telephone communication will be used to relay information during instances when facsimile transmission is not possible, or when facsimile transmission is not timely due to urgency of communication.

(g) Ensure that the primary means of transmitting wagering data is through a dedicated digital data line or a line of sufficient speed as approved in advance by the division. There shall be backup data lines in the event of primary line failure. The backup lines may be dial-up lines. In all circumstances when a dial-up line is used as a backup method of transmission, a report shall be filed with the division within 48 hours. The report shall contain the date and time of the occurrence, the duration, the steps that were taken to correct it, and, if known, the reason for the failure.

(h) Communicate from the host track mutuel manager to all guest track mutuel managers or their designee immediately upon receipt of the information wagering format changes or other information relative to the races or wagering thereon. Host track and guest track mutuel managers shall notify totalizator managers, the public, and division staff where applicable upon receipt of the information.

(i) Not delay post times for purposes of accumulating wagers from guest track locations, with the exception of an emergency which requires a manual merge of wagering data as described in s. Game 24.17 (2) (a). Post times for a race displayed at host track locations and guest track locations shall be the same, with time zones taken into consideration.

(j) Keep at least one television monitor, in a location to be approved by the division, exclusively for reviewing the outgoing signal being sent to its guest track facilities during a simulcast performance.

(k) Issue the stop bet command at the moment the lure begins its movement.

(2) The audiovisual contractor or host track shall ensure that every audiovisual signal shall contain the following in its video content:

(a) The date.

(b) A digital display of the actual time of day.

(c) The name of the racetrack from which it emanates.

(d) The minutes to post for each race.

(e) The number of the race being displayed.

(f) An indication that a race being shown is a replay of a previously run race, if it is a replay.

(3) The audiovisual contractor or host track shall, not earlier than one hour and not later than 15 minutes prior to the commencement of transmission of a race performance, perform a test program of its transmitter, encryption, decoding, data communication, or other systems or devices approved by the division, to assure proper operation of the broadcast system. Any irregularity shall be reported within 24 hours to the division stewards.

History

• Emerg. cr. eff. 8-25-95; cr. Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § Game 24.15 Duties of Wisconsin host track in accounting and reporting {#sec-game-24.15 omnilex-key=us-wi-regs-official--agency-game--Game 24.15}

The Wisconsin host track shall do all of the following:

(1) For purposes of distribution of the wagering pool, breakage pools and minus pools shall be allocated pro-rata based on the percentage of winning dollars wagered at each location for each entry, pool and race, pursuant to s. 562.065 (3) (e), Stats., and s. Game 8.07.

(2) In order to facilitate the transfer of money between host tracks and guest tracks, each host track shall perform a daily reconciliation of its racing accounts and all amounts due to or from guest tracks. The frequency of transfer of monies between host tracks and guest tracks shall be as specified by contract. A weekly report of the accounts payable and receivable incurred from simulcast pari-mutuel activity shall be submitted to the division by the host track listing the balance of the host track and all guest tracks that are commingling pools with the host track. The forms used to monitor the accounts payable and receivable for each racetrack shall be approved by the division.

History

• Emerg. cr. eff. 8-25-95; cr. Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § Game 24.16 Duties of the Wisconsin guest track in simulcast wagering {#sec-game-24.16 omnilex-key=us-wi-regs-official--agency-game--Game 24.16}

The Wisconsin guest track shall do all of the following:

(1) Conduct simulcast wagering via core to core or machine (TIM) to tote transmissions with the out-of-state host track.

(2) Discontinue simulcast wagering upon the issuance of the stop bet command issued by the host track, or if the stop bet command is not received, at the time the greyhounds are placed in the starting box in greyhound racing, when the first horse is loaded into the starting gate in thoroughbred racing or when the starting gate begins to move in harness racing. The locking of windows is the ultimate responsibility of the mutuel departments.

(3) When commingling, only offer pools which are the same as those offered by the host track, but the guest track is not required to offer all pools offered by the host track. Guest tracks may elect to exclude pools offered by the host track upon contractual agreement between the guest track and the host track. The host track shall also determine the minimum ticket price that is available for each pool.

(4) Cycle of frequency of the change of odds displayed on the display devices at intervals determined by the host track. An explanation shall be posted in prominent locations throughout the facility or provided in the daily race program indicating that odds and other wagering information may be delayed due to the accumulation and transfer of simulcast wagering data.

(5) In order to facilitate the transfer of money between host tracks and guest tracks, perform a daily reconciliation of its racing accounts and all amounts payable or receivable to the host track. The frequency of the transfer of monies between host tracks and guest tracks shall be as specified by contract.

(6) Ensure that tickets sold at Wisconsin guest tracks conform to the requirements of s. Game 10.06 (7), and are identified as simulcast wagers.

(7) Not earlier than one hour and not later than 15 minutes prior to the commencement of transmission of a race, perform a test program of its transmitter, encryption, decoding, or other systems or devices approved by the division, data communication to assure proper operation of the broadcast system. Any irregularity shall be reported to the division within 24 hours.

(8) To ensure for the cessation of wagering in accordance with sub. (2), provide sufficient television monitors in each totalizator room at the guest track to provide key totalizator and mutuel employees a view of all animals starting in each race at any host track.

(9) Make available to its patrons a copy or facsimile of the official daily race program from each host track sending its signal to the Wisconsin guest track.

(10) Maintain a facsimile machine using an independent private telephone line located in the vicinity of the mutuel or totalizator room. If a manual transmission of data is necessary the facsimile machine shall be the priority method of receiving any changes in the host track’s official daily race program, racing information or any wagering data.

(11) Maintain a direct telephone line located in the totalizator room to receive information when facsimile transmission is not possible, or when facsimile transmission is not timely due to urgency of communication. Any direct private line telephone communication shall be confirmed in writing by the mutuel manager or designee within 24 hours after the end of the performance. A copy shall be provided to the division within 24 hours.

(12) Display the same post time as the host track for all simulcast races, with time zones taken into consideration.

(13) Provide all of the following:

(a) If satellite transmission is utilized, a downlink system which does not interfere with the closed circuit television system utilized by the guest track association for patron information.

(b) Security controls over its communication system, as approved by the division, as are necessary to protect the security of the signals, protect the best interests of the public and maximize revenues to the state as approved by the division.

(c) One or more information windows or designated areas to address patron complaints, questions, and which shall contain a copy of the division’s administrative rules and rules for all out-of-state host tracks for patron review.

(14) If live on-track racing is being conducted during the same period simulcast wagering is provided, all purse payment monies generated from the simulcast wagering pools shall be paid in accordance with the identified time frame for payment as identified in s. 562.065 (3) (b) 2., Stats. If simulcast wagering is conducted during periods when no live on-track racing is occurring, a plan for the distribution of purse monies generated from simulcast wagering pools shall be submitted to the division for approval prior to the start of the live on-track racing. The division shall establish the percentage of simulcast handle wagered on both horse and greyhound races from out-of-state host tracks to Wisconsin guest tracks that shall be allocated toward the payment of purses for greyhound racing in Wisconsin.

(15) Ensure that the primary means of transmitting wagering data is through a dedicated digital data line or a line of sufficient speed as approved in advance by the division. There shall be backup data lines in the event of primary line failure. The backup lines may be dial-up lines. In all circumstances when a dial-up line is used as a backup method of transmission, a report shall be filed with the division within 48 hours. The report shall contain the date and time of the occurrence, the duration, the steps that were taken to correct it, and, if known, the reason for the failure.

History

• Emerg. cr. 8-25-95; cr. Register, January, 1996, No. 481, eff. 2-1-96; CR 03-070: am. (14) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 24.17 Simulcast wagering - emergency procedures {#sec-game-24.17 omnilex-key=us-wi-regs-official--agency-game--Game 24.17}

The following emergency procedures are established:

(1) Prior to the commencement of wagering on the first race on a simulcast wagering program, either the audio or video signals must be present at the Wisconsin guest track in order for simulcast wagering at the Wisconsin guest track to be conducted. If both the audio and visual signals are lost, wagering may continue only until the scheduled post time of the current race at the out-of-state host track and may not resume until either the audio or visual signal is restored. Any advance bets made, provided there has not been an accompanying data transmission failure, must be treated as valid bets and paid out accordingly. Wagers that encompass more than one race shall be unaffected by signal problems encountered in any race of the sequence other than the first.

(2) If there is an impairment of the ability of a totalizator to record, classify, or accumulate wagering data or to do calculations, or if wagering data is lost, the following procedures shall apply:

(a) If the Wisconsin guest track’s totalizator system fails, all money wagered on the race that was entered into the host track’s pools from that guest track’s totalizator system prior to the time of failure shall remain in the host track’s pools only if the guest track’s totalizator system is reestablished by the start of the race. If the guest track’s totalizator system is not reestablished by the start of the race, all money wagered on the race at that guest track shall be distributed pursuant to s. Game 24.21 (3). If money wagered on the race did not enter into the host track’s pools and the pool data is available in the guest track’s totalizator system, a manual merge with the host track’s pools shall be performed.

(b) If the host track’s totalizator system fails, all wagering at the Wisconsin guest track and all transmission of data from the guest track to the host track’s totalizator system shall cease until the host track system is fully operational.

1. If the host track’s totalizator system becomes operational before the start of the race and wagering data is available, transmission of data from Wisconsin guest tracks and wagering shall resume at the Wisconsin guest tracks until the stop bet command is issued by the host or guest track.

2. If the host track’s totalizator system is not operational before the start of the race and wagering data is lost, all wagers at all Wisconsin guest tracks on the affected races shall be refunded.

History

• Emerg. cr. eff. 8-25-95; cr. Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § Game 24.18 Simulcast wagering - ticket cashing requirements and procedures {#sec-game-24.18 omnilex-key=us-wi-regs-official--agency-game--Game 24.18}

(1) Each Wisconsin guest track shall do all of the following:

(a) Honor tickets issued for simulcast wagers shall be honored in conformity with requirements of ch. Game 10.

(b) Publicly display or explain in the official daily race program information regarding the amount of time patrons have to cash simulcast winning tickets at the guest track location, and the location and method of remitting winning tickets for cashing.

(2) All outstanding tickets shall be subject to the laws of the state in which they were sold and may only be redeemed in that jurisdiction.

History

• Emerg. cr. eff. 8-25-95; cr. Register, January, 1996, No. 481, eff. 2-1-96; CR 03-070: r. (3) Register November 2003 No. 575, eff. 12-1-03.

Wis. Admin. Code § Game 24.19 Termination of approval {#sec-game-24.19 omnilex-key=us-wi-regs-official--agency-game--Game 24.19}

Any approval issued under this chapter shall terminate if the entity approved to offer simulcast wagering is no longer licensed under s. 562.05 (1) (b), Stats. If the holder of the license issued under s. 562.05 (1) (b), Stats., is also the holder of the license issued under s. 562.05 (1) (a), Stats., and the s. 562.05 (1) (a), Stats., license is revoked or suspended by the division, all prior simulcast approvals shall be terminated on the effective date of the revocation or suspension.

History

• Emerg. cr. eff. 8-25-95; cr. Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § Game 24.20 Duration {#sec-game-24.20 omnilex-key=us-wi-regs-official--agency-game--Game 24.20}

Approval to offer simulcast wagering shall expire on the t expiration date of a license to conduct pari-mutuel wagering under s. 562.05 (1) (b), Stats.

History

• Emerg. cr. eff. 8-25-95; cr. Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § Game 24.21 Interstate broadcasts - emergency procedures {#sec-game-24.21 omnilex-key=us-wi-regs-official--agency-game--Game 24.21}

(1) When a Wisconsin licensee is acting as a host track, in the event of a failure in the totalizator system of any component of a commingled pool network, no decision to terminate the participation of any guest track facility in the commingled pool, or to conduct a manual merge of wagering information, shall be made without prior consultation between a division representative, the mutuel manager of the host track or designee, and the mutuel manager of the affected guest track facility or designee.

(2) Any contract for interstate common pools entered into by a Wisconsin host track shall contain a provision to the effect that if, for any reason, it becomes impossible to successfully merge the bets placed by another state into the interstate common pool formed by the Wisconsin host track, or if, for any reason, the division’s or the Wisconsin host track’s representative determines that attempting to effect transfer of pool data from the guest track may endanger the host track’s wagering pool, the host track shall have no liability for any measures taken which may result in the out-of-state guest track’s wagers not being accepted into the pool.

(3) If, for any reason, it becomes impossible to successfully merge the bets placed into the interstate common pool, and after any required refunds provided for by s. Game 24.12 (6), the Wisconsin guest track shall make payouts in accordance with payout prices that would have been in effect if prices for the pool of bets were calculated without regard to wagers placed elsewhere; except that, with permission of the division, the Wisconsin guest track may alternatively determine to either pay winning tickets at the payout prices as determined at the out-of-state host track, or declare the accepted bets void and make refunds in accordance with the applicable rules. The Wisconsin guest track shall notify the division in writing prior to the commencement of simulcasting with an out-of-state host track as to their method of payout if their wagers are denied by the out-of-state host track. The method shall also be publicly displayed at the Wisconsin guest track. Only one method shall be applicable to all simulcasts.

History

• Cr. Register, April, 1994, No. 460, eff. 5-1-94; emerg. renum. from WGC 24.14 and am. (1), eff. 8-25-95; renum. from WGC 24.14 and am. (1), Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § Game 24.22 Off-site totalizator clearance {#sec-game-24.22 omnilex-key=us-wi-regs-official--agency-game--Game 24.22}

Any association or totalizator company engaged in intertrack or simulcast wagering that will be utilizing the equipment, services, or property of an association or totalizator company, with which it does not have a contractual arrangement for the services, shall provide the division with a written agreement which permits the association or totalizator company to utilize the equipment, services, or property. This agreement shall be between the host track, guest track and all totalizator companies providing services. This agreement shall be submitted for approval to the division prior to the commencement of intertrack or simulcast wagering.

History

• Cr. Register, April, 1994, No. 460, eff. 5-1-94; emerg. renum. from WGC 24.15 and am. eff. 8-25-95; renum. from WGC 24.15 and am., Register, January, 1996, No. 481, eff. 2-1-96.

Chapter Game 41 BINGO CARDS

Wis. Admin. Code § Game 41.01 Standard set of bingo cards {#sec-game-41.01 omnilex-key=us-wi-regs-official--agency-game--Game 41.01}

A standard set of bingo cards consists of at least 3,000 cards numbered in sequence. Each card in a set differs from all others with respect to the distribution of playing numbers. Any number of cards may be supplied to a licensed organization and sold or rented to players at any bingo occasion, provided that all cards so supplied or sold or rented are drawn from a standard set of bingo cards.

History

• Cr. Register, December, 1974, No. 228, eff. 1-1-75.

Wis. Admin. Code § Game 41.02 Area of playing surface on bingo cards {#sec-game-41.02 omnilex-key=us-wi-regs-official--agency-game--Game 41.02}

The 25 playing spaces on a regular bingo card and an extra regular card shall be contained within an area not less than 4 inches square. The 25 playing spaces on a special bingo card shall be contained within an area not less than 3 inches square.

History

• Cr. Register, December, 1974, No. 228, eff. 1-1-75.

Wis. Admin. Code § Game 41.03 License number of supplier {#sec-game-41.03 omnilex-key=us-wi-regs-official--agency-game--Game 41.03}

Before any bingo card becomes the property of a licensed organization, the supplier or manufacturer shall print on the playing side of the bingo card the license number assigned to the supplier of the card by the department.

Note: The treatment of this section by the amendment published in May, 2005 first applies to the sale of bingo cards by a licensed bingo supplier on January 1, 2006.

History

• Cr. Register, December, 1974, No. 228, eff. 1-1-75; am. Register, June, 1983, No. 330, eff. 7-1-83; am. Register, July, 1991, No. 427, eff. 8-1-91; corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, March, 1995, No. 471; CR 04-073: am. Register May 2005 No. 593, eff. 6-1-05.

Wis. Admin. Code § Game 41.04 Name of licensed organization {#sec-game-41.04 omnilex-key=us-wi-regs-official--agency-game--Game 41.04}

On each regular bingo card and extra regular card, and on each grouping of regular cards permitted under s. Game 41.07, there shall be printed or otherwise permanently marked the name of the licensed organization which owns the card or grouping of cards.

History

• Cr. Register, December, 1974, No. 228, eff. 1-1-75; am. Register, June, 1983, No. 330, eff. 7-1-83; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471.

Wis. Admin. Code § Game 41.06 Extra regular cards {#sec-game-41.06 omnilex-key=us-wi-regs-official--agency-game--Game 41.06}

At any bingo occasion except limited period bingo, any player buying or renting an extra regular card is entitled to use such card in all regular games conducted after he buys or rents the card.

History

• Cr. Register, December, 1974, No. 228, eff. 1-1-75.

Wis. Admin. Code § Game 41.07 Groupings of bingo cards; fees for groupings {#sec-game-41.07 omnilex-key=us-wi-regs-official--agency-game--Game 41.07}

Any number of bingo cards in a standard set of bingo cards may be printed as a group on a single sheet, or may be manufactured in the form of a pad, and may be so supplied to a licensed organization and so sold or rented to players, provided that:

(1) No person is obliged to pay more than $1 for admission to any bingo occasion;

(2) Each person admitted to a bingo occasion, other than limited period bingo, is furnished with a regular bingo card enabling him to play in all regular bingo games conducted at such bingo occasion;

(3) The fee charged for a grouping of extra regular cards on a single sheet does not exceed $1 multiplied by the number of cards so grouped, at a bingo occasion other than limited period bingo, or 50¢ multiplied by the number of cards so grouped during limited period bingo;

(4) The fee charged for a grouping of special bingo cards on a single sheet or in the form of a pad does not exceed 25¢ multiplied by the number of cards so grouped.

History

• Cr. Register, December, 1974, No. 228, eff. 1-1-75.

Wis. Admin. Code § Game 41.08 Markers {#sec-game-41.08 omnilex-key=us-wi-regs-official--agency-game--Game 41.08}

The shape of a marker used on a regular or extra regular bingo card shall be a marker’s 3 dimensional quality which depends on the relative position of all points composing its outline, surface, or physical or spatial form.

History

• Cr. Register, December, 1974, No. 228, eff. 1-1-75.

Wis. Admin. Code § Game 41.09 Prohibited advertising matter {#sec-game-41.09 omnilex-key=us-wi-regs-official--agency-game--Game 41.09}

No advertising matter shall be printed or otherwise marked on any bingo card or grouping of bingo cards, except the name, mark or symbol of its manufacturer or printer, the license number of its licensed supplier, and the name of the licensed organization which owns it.

History

• Cr. Register, December, 1974, No. 228, eff. 1-1-75; am. Register, July, 1991, No. 427, eff. 8-1-91.

Wis. Admin. Code § Game 41.10 Exception {#sec-game-41.10 omnilex-key=us-wi-regs-official--agency-game--Game 41.10}

Braille bingo cards, purchased from a licensed supplier, may be sold to players for use as regular, extra regular and special bingo cards. When used as a special card, a braille card need not be indelibly marked and may be reused. Braille cards need not be printed in a standard set prescribed in s. Game 41.01. All other requirements apply to Braille bingo cards.

History

• Cr. Register, June, 1983, No. 330, eff. 7-1-83; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471.

Wis. Admin. Code § Game 41.11 Sale of bingo cards to non-licensed organizations {#sec-game-41.11 omnilex-key=us-wi-regs-official--agency-game--Game 41.11}

All bingo cards sold to any organization using free cards and donated prizes, if any, for which no payment of consideration is made by participants shall be clearly marked on the face of each card, “Not for use at licensed bingo occasion.”

History

• Cr. Register, December, 1984, No. 348, eff. 1-1-85.

Wis. Admin. Code § Game 41.12 Identification of special bingo paper {#sec-game-41.12 omnilex-key=us-wi-regs-official--agency-game--Game 41.12}

The color of the paper used in each special game at any bingo occasion shall be different from the color of the paper used in any other special game at the same bingo occasion, so that no 2 special bingo games at any occasion are played on the same color paper.

History

• Cr. Register, July, 1991, No. 427, eff. 8-1-91.

Chapter Game 42 CONDUCT OF BINGO GAMES

Wis. Admin. Code § Game 42.01 Purchase of bingo cards {#sec-game-42.01 omnilex-key=us-wi-regs-official--agency-game--Game 42.01}

All bingo cards used in a bingo game shall be purchased at a price established before the start of the bingo occasion. No cards shall be given free to players.

History

• Cr. Register, July, 1975, No. 235, eff. 8-1-75; am. Register, June, 1983, No. 330, eff. 7-1-83.

Wis. Admin. Code § Game 42.02 Donations prohibited {#sec-game-42.02 omnilex-key=us-wi-regs-official--agency-game--Game 42.02}

No donation of any kind shall be solicited at any bingo occasion.

History

• Cr. Register, July, 1975, No. 235, eff. 8-1-75.

Wis. Admin. Code § Game 42.03 Treatment of bad debts {#sec-game-42.03 omnilex-key=us-wi-regs-official--agency-game--Game 42.03}

A bingo licensee accepting payment for any bingo card or bingo supply in a form other than United States currency or coin shall reimburse any deficit occurring in the bingo account if any instrument received in payment for any bingo card or bingo supply is not honored.

History

• Cr. Register, July, 1975, No. 235, eff. 8-1-75; r. and recr. Register, July, 1991, No. 427, eff. 8-1-91.

Wis. Admin. Code § Game 42.04 Free numbers prohibited {#sec-game-42.04 omnilex-key=us-wi-regs-official--agency-game--Game 42.04}

No number on a bingo card shall be given free to players in any bingo game.

History

• Cr. Register, July, 1975, No. 235, eff. 8-1-75.

Wis. Admin. Code § Game 42.05 Bingo on last number called {#sec-game-42.05 omnilex-key=us-wi-regs-official--agency-game--Game 42.05}

Only a player with a winning arrangement which results from the last number called shall be entitled to a prize or a share of a prize. Every organization sponsoring a bingo occasion shall notify all persons in attendance at each bingo occasion of this rule before beginning play at any occasion, and shall prominently post this rule at the door.

History

• Cr. Register, July, 1975, No. 235, eff. 8-1-75; am. Register, June, 1983, No. 330, eff. 7-1-83; r. and recr. Register, July, 1991, No. 427, eff. 8-1-91.

Wis. Admin. Code § Game 42.06 Progressive bingo game {#sec-game-42.06 omnilex-key=us-wi-regs-official--agency-game--Game 42.06}

A progressive bingo game is a single game with a single prize and more than one arrangement of numbers for which, upon completion, a player would win a portion of the prize. The winning arrangements may be completed in any order.

History

• Cr. Register, June, 1983, No. 330, eff. 7-1-83.

Wis. Admin. Code § Game 42.07 Calling a number {#sec-game-42.07 omnilex-key=us-wi-regs-official--agency-game--Game 42.07}

A number is called at the time one full call of the letter and number appearing on the numbered object is completed.

History

• Cr. Register, June, 1983, No. 330, eff. 7-1-83.

Wis. Admin. Code § Game 42.08 Removing numbered objects from the receptacle {#sec-game-42.08 omnilex-key=us-wi-regs-official--agency-game--Game 42.08}

Only one numbered object shall be removed from the receptacle at a time; the numbers shall be called in the order removed.

History

• Cr. Register, June, 1983, No. 330, eff. 7-1-83.

Wis. Admin. Code § Game 42.09 Player completing more than one winning arrangement {#sec-game-42.09 omnilex-key=us-wi-regs-official--agency-game--Game 42.09}

Except in a progressive bingo game, a player who completes more than one winning arrangement on one bingo card in a game receives only one share of the prize for that game. A player who completes a winning arrangement on each of 2 or more bingo cards in a game receives one share of the prize for each winning card.

History

• Cr. Register, June, 1983, No. 330, eff. 7-1-83.

Wis. Admin. Code § Game 42.10 Exchanging bingo cards {#sec-game-42.10 omnilex-key=us-wi-regs-official--agency-game--Game 42.10}

A bingo card may not be exchanged for a player while a game in which the card could be used is in progress.

History

• Cr. Register, June, 1983, No. 330, eff. 7-1-83.

Wis. Admin. Code § Game 42.11 Voiding a game {#sec-game-42.11 omnilex-key=us-wi-regs-official--agency-game--Game 42.11}

A game may be declared “void” if the numbered objects called are returned to the receptacle before the conclusion of the game and if the replacement of the correct numbered objects is not possible.

History

• Cr. Register, June, 1983, No. 330, eff. 7-1-83.

Wis. Admin. Code § Game 42.13 Condition of equipment {#sec-game-42.13 omnilex-key=us-wi-regs-official--agency-game--Game 42.13}

Before beginning any bingo occasion, the caller shall make sure that all equipment is in good working order by inspecting the equipment, with particular attention to the blowers, receptacles, trays and passages within the equipment through which the numbered objects must travel. The caller shall also make sure that each of the numbered objects to be used in calling the numbers for the bingo occasion is in good condition and is clean and dry to sight and touch. The caller shall also make sure that all 75 numbered objects to be drawn are in the receptacle, and that there are no omissions or duplications in the numerical order of the numbered objects. The inspections required under this section shall be witnessed and verified by at least 2 players who have paid admission to the occasion.

History

• Cr. Register, July, 1991, No. 427, eff. 8-1-91.

Wis. Admin. Code § Game 42.14 Use of more than one room for one bingo game {#sec-game-42.14 omnilex-key=us-wi-regs-official--agency-game--Game 42.14}

More than one room may be used by the players in any game only if each player in each additional room has immediate access to a method which will immediately inform the caller and all other players in all other rooms that a bingo has been called.

History

• Cr. Register, July, 1991, No. 427, eff. 8-1-91.

Wis. Admin. Code § Game 42.15 Bingo occasions co-sponsored by more than one organization {#sec-game-42.15 omnilex-key=us-wi-regs-official--agency-game--Game 42.15}

A bingo occasion may be co-sponsored by 2 or more organizations, but the aggregate value of all prizes awarded at a bingo occasion may not exceed $1,000 regardless of the number of organizations co-sponsoring the occasion.

History

• Cr. Register, July, 1991, No. 427, eff. 8-1-91.

Wis. Admin. Code § Game 42.16 Multiple bingo occasions at one location on one day {#sec-game-42.16 omnilex-key=us-wi-regs-official--agency-game--Game 42.16}

Any number of bingo occasions may be held at any one location on any one day, but all games of each bingo occasion must be completed before any game of the next bingo occasion may commence. Each bingo occasion shall be completely separate from each other bingo occasion which precedes it.

(1) Before any occasion begins, the sponsoring organization must announce which organization is sponsoring that occasion, and how many individual games are part of that occasion. Each sponsoring organization must make such an announcement before beginning the first game of an occasion which immediately follows or precedes an occasion sponsored by any other organization at the same place.

(2) Each organization sponsoring an occasion which immediately follows or precedes an occasion sponsored by any other organization at the same place must use a different color admission card and different colors for each of its special games than the colors used by any other organization.

(3) No person may be required to purchase more than one admission card to be admitted to a place where more than one occasion is to be held, and every person admitted may choose which organization’s admission card to purchase and which occasion to participate in whenever there is a series of occasions being held at the same place. No person may participate in any occasion for which the person has not purchased an admission card.

History

• Cr. Register, July, 1991, No. 427, eff. 8-1-91.

Wis. Admin. Code § Game 42.17 Verification of receipts {#sec-game-42.17 omnilex-key=us-wi-regs-official--agency-game--Game 42.17}

Unless a sponsoring organization has an alternative security system in place that has been approved by the department, the organization’s supervising member at a bingo occasion shall count the receipts from the occasion immediately after the occasion, before leaving the place where the occasion is held. The supervising member’s count of the receipts shall be verified by a separate count by at least 2 other members of the organization in attendance at the occasion immediately after the occasion and before leaving the place the occasion is held.

History

• Cr. Register, July, 1991, No. 427, eff. 8-1-91; CR 04-073: am. Register May 2005 No. 593, eff. 6-1-05.

Wis. Admin. Code § Game 42.18 Prohibited bingo premises {#sec-game-42.18 omnilex-key=us-wi-regs-official--agency-game--Game 42.18}

A bingo occasion shall not be conducted at any premise owned, operated or controlled by an organization or person to which any of the following applies:

(1) The person or organization has been convicted of a felony and has not received a pardon or been released from parole, extended supervision or probation for at least 5 years.

(2) The person or organization is in default on any payment required under this chapter, or ch. 563, Stats.

(3) The person or organization is liable for delinquent taxes, as certified by the department of revenue under s. 73.0301, Stats.

(4) The person or organization is a licensed bingo supplier.

History

• CR 04-073: cr. Register May 2005 No. 593, eff. 6-1-05.

Chapter Game 43 EXPENSES

Wis. Admin. Code § Game 43.02 Change {#sec-game-43.02 omnilex-key=us-wi-regs-official--agency-game--Game 43.02}

An organization may issue a check from its bingo account to obtain change necessary for the conduct of a bingo occasion. The check shall be made to the order of the payer and shall not be issued more than 3 days prior to the conduct of the occasion. The change shall be deposited with the gross receipts pursuant to s. 563.63 (1), Stats.

History

• Cr. Register, June, 1983, No. 330, eff. 7-1-83; correction made under s. 13.93 (2m) (b) 7., Stats., Register November 2003 No. 575.

Wis. Admin. Code § Game 43.03 Expenditures for conduct of bingo {#sec-game-43.03 omnilex-key=us-wi-regs-official--agency-game--Game 43.03}

(1) No expenditures for any goods or services incidental to the conduct of a bingo occasion may exceed the fair market value of the goods or services obtained.

(2) Rent payments made for the use of a location for a bingo occasion may not include any compensation for any person associated with the owner or the person in control of the premises rented for assisting in the conduct of the bingo occasion.

History

• Cr. Register, July, 1991, No. 427, eff. 8-1-91.