Section 10.09. Totalizator system licensees.

 

(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.

(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 .

Note

These forms may be obtained at the division's office at 2005 West Beltline Highway, Suite 201, Madison, Wisconsin 53708. Microsoft Windows NT 6.1.7601 Service Pack 1