Section Game 5.07 - Sponsorship and management licensing criteriaThe 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: 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: 5. Paddock, jockeys' and drivers' quarters and equipment.6. Totalisator equipment.8. Access by road and public transportation.10. Other security improvements and equipment.11. Starting, timing, photo finish, and photo-patrol or video equipment.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.3. Plans for human and animal health and safety.4. Marketing, promotion and advertising plans.5. Plans for conducting racing.7. Plans for conducting various types of pari-mutuel wagering.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: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.Wis. Admin. Code Department of Administration [Gaming] Game 5.07
Cr. Register, May, 1990, No. 413, eff. 6-1-90.