Section Game 5.06 - Ownership and operation licensing criteriaThe 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: 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: 2. Kennels and kennel compound.3. Stables and stable area.6. Jockeys' and drivers' quarters.8. Totalisator equipment.10. Access by road and public transportation.12. Other security improvements and equipment.13. Starting, timing, photo finish, photo-patrol or video equipment.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.3. Plans for human and animal health and safety.4. Marketing promotion and advertising plans.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.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.Wis. Admin. Code Department of Administration [Gaming] Game 5.06
Cr. Register, May, 1990, No. 413, eff. 6-1-90.