562.05 Licenses.
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/wi/chapter-562/562-05-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
562.05 Licenses.
(1)No person may engage in any of the following activities without a valid annual license issued by the department:
(a)The ownership and operation of a racetrack at which pari-mutuel wagering is conducted.
(b)The sponsorship and management of any race on which pari-mutuel wagering is conducted and which is not located at a fair.
(c)The sponsorship and management of any horse race on which pari-mutuel wagering is conducted and which is located at a fair.
(d)Any occupation required to be licensed under s. 562.02
(am)or determined by the department under s. 562.02
(am)to require a license.
(e)The conduct of intertrack wagering.
(1b)The department shall approve and conduct an examination to be administered to all applicants for a license under sub.
(d)to be a horse trainer. No license may be issued under sub.
(d)to a horse trainer unless the department determines that the applicant for the license is qualified as evidenced by the applicant’s performance on the examination conducted under this subsection.
(1c)If the applicant for a license under this section is an individual, the department may not issue or renew a license if the individual has not provided his or her social security number, unless the individual does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under sub.
(1e). If the applicant for a license under this section is not an individual, the department may not issue or renew a license if the person has not provided the person’s federal employer identification number.
(1e)If an applicant for a license under this section is an individual who does not have a social security number, the applicant shall submit to the department with his or her application a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A license issued in reliance upon a false statement submitted under this subsection is invalid.
(1g)A license issued under sub.
(a)may authorize the ownership and operation of a racetrack where horse racing is conducted, the ownership and operation of a racetrack not at a fair where dog racing is conducted or the ownership and operation of a racetrack not at a fair where both horse racing and dog racing are conducted. A license issued under sub.
(b)may authorize the sponsorship and management of horse races or dog races, or both horse races and dog races, at the same location.
(1m)The department may not issue a license under sub.
(a)to
(c)except after a public hearing.
(2)The department shall establish, by rule, the qualifications for any license required under sub.
(1)and fix the fee for that license and any background investigation under sub.
(7)related to that license. Any moneys received under this subsection shall be credited to the appropriation accounts under ss. 20.455
(g)and 20.505
(g).
(2m)In issuing a license to own and operate a racetrack not at a fair, the department shall consider the competitive effects on any other licensee under sub.
(a)or
(b). These competitive effects shall include, but not be restricted to, the impact on the economic viability of existing licensed racetracks and the jobs that have been created by such licensed racetracks.
(3)No person may hold more than one license issued under sub.
(a)and one license issued under sub.
(b)or
(c). If the applicant for any of those licenses is a corporation, association, limited liability company or partnership, the department shall determine whether the applicant is the same person as another licensee for the purpose of applying this subsection. Nothing in this subsection prohibits any person with a license under sub.
(1)from contracting for services with any other person with a license under sub.
(1), subject to any rules promulgated by the department.
(3m)The department may not accept an application for a license for a race under sub.
(c)unless the county board of the county in which that race will be conducted has approved the applicant’s sponsorship and management of that race.
(3r)The application for the first license under sub.
(a)to be issued for any location shall be accompanied by a resolution, supporting the proposed location of the racetrack and its ownership and operation by the applicant, which has been adopted, after a public hearing, by the governing body of the city, village or town where the racetrack is proposed to be located. A common council may not adopt such a resolution if an ordinance prohibiting the location of a racetrack at the proposed location has been adopted under s. 9.20 before May 3, 1988, or a petition for such an ordinance has been filed, under s. 9.20 , before May 3, 1988. Except as provided in this subsection, no ordinance adopted under s. 9.20 or 66.0101 may prohibit the location of a racetrack in any city or village.
(3w)Except as provided under subs.
(3)to
(3r), the department may issue a license under sub.
(a)if the department determines that all of the following conditions are met:
(a)At least 51 percent of the ownership interest in the racetrack is held by residents of this state.
(b)The license will not adversely affect the public health, welfare and safety.
(c)The racetrack will be operated in accordance with applicable laws.
(d)The applicant is qualified and financially able to operate a racetrack.
(3wmr)If the condition under sub.
(2m)is relevant to its decision, the department may consider secondary economic impacts of an applicant’s proposal for a racetrack if the applicant proves by a preponderance of evidence that the alleged secondary impacts will enhance the success of the applicant’s proposed racetrack and the location of the proposed racetrack would compliment existing development with the overall effect of increasing tourism and generating state revenues from out-of-state residents.
(3wr)The first license issued to each applicant under sub.
(a)for each racetrack expires after 5 years. Any subsequent license issued to the same applicant for that racetrack expires after one year.
(3wt)In the first license issued to each applicant under sub.
(a)for each racetrack, the department shall specify a date by which each of the types of racing authorized under the license shall begin at that racetrack. Upon request of the licensee, the department may change a specified date to an earlier or later date pursuant to rules of the department.
(4)Any application for a license to sponsor and manage a race shall be accompanied by a bond, in an amount determined by the department, which shall be sufficient to guarantee the payment of fees, taxes and other money due, including animal owners’ purses and payouts on winning wagers.
(4m)Except as provided in sub.
(4), the department may issue a license under sub.
(b)if the department determines that all of the following conditions are met:
(a)The license will not adversely affect the public health, welfare and safety.
(b)The applicant will conduct races in accordance with applicable laws.
(c)The license will not create competition that will adversely affect any other licensee under sub.
(a)or
(b).