Section 24.13. Approval for simulcast wagering, fees, and charges.

 

(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.

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.