Section Game 5.16 - Contracts with a licensee; approval by division(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. Wis. Admin. Code Department of Administration [Gaming] Game 5.16
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.