Chapter Game 13

Game 13.05(4)(h) (h) Starter

Game 13.05(5) (5) Persons applying for a license under s. Game 13.05 (1) (b), shall complete a training program provided by the association specific to the occupation to be performed. The individual completing the training program shall demonstrate proficiency to meet the duties of the occupation and license type, as determined by the division stewards, prior to being issued a license for that position.

Game 13.05(6) (6) All applicants applying for an occupational licenses with a paper application shall submit 2 sets of classifiable fingerprint cards or appear at a division office to allow the division to capture the applicant’s fingerprint electronically and pay a fee to be determined by the division to process the fingerprints at the time that the applicant submits the paper application.

Game 13.05(7) (7) All applicants applying for occupational licenses utilizing the division’s online licensing system shall submit 2 sets of classifiable fingerprint cards or appear at a division office to allow the division to capture the applicant’s fingerprint electronically within 20 days of submitting the application electronically and shall pay a fee determined by the division to process the fingerprints at the time that the applicant submits the electronic application.

Game 13.05(8) (8) All application, fingerprint and convenience fees are non-refundable.

Game 13.05(9) (9) Any person appearing at a division office for the purpose of being fingerprinted or issued a photo identification badge shall present a government issued photo identification.

Game 13.05(10) (10) Any person accepting a license issued pursuant to s. Game 13.05 (1) shall consent to a reasonable search of the individual and property located on association grounds by the division or its representatives. Property located on association grounds includes but is not limited to kennels, motor vehicles, trailers, trunks, boxes, bags and containers of any sort. The person shall consent to seizure of any object which may be evidence indicating a rule violation. In the event the person is found to have violated a rule violation based in part on any seized object, the object shall be retained by the division until the time for appeal has expired or the appeal has been settled.

Game 13.05 History History: Cr. Register, March, 1990, No. 411, eff. 4-1-90; cr. (1) (y), Register, July, 1990, No. 415, eff. 8-1-90; correction in (8) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; emerg. r. and recr. (1), am. (2) (a) to (d), (4), (5), r. (3) (b), renum. (3) (c) to (g) to be (3) (b) to (f) and am., eff. 11-1-94; r. and recr. (1), am. (2) (a) to (d), (4), (5), r. (3) (b), renum. (3) (c) to (g) to be (3) (b) to (f) and am., Register, May, 1995, No. 473, eff. 6-1-95; emerg. am. (3) (a), eff. 12-8-97; am. (3) (a), Register, May, 1998, No. 509, eff. 6-1-98; CR 03-070: r. and recr. Register November 2003 No. 575, eff. 12-1-03.

Game 13.06 Game 13.06 License to participate. No person shall participate in a race meeting unless such person has been granted a license. A suspension or revocation of an occupation license, by the division or any other racing jurisdiction, shall apply equally to, and shall make the person subject to such suspension or revocation ineligible for, any, category of occupation license.

Game 13.06 History History: Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. Register, July, 1990, No. 415, eff. 8-1-90.

Game 13.07 Game 13.07 Denial of license. If the stewards recommend to the division that a license application be denied, they shall issue a ruling. No person whom the stewards have recommended be denied shall receive a license until granted by the division. If the applicant does not exhaust administrative remedies by requesting a hearing within the time specified in s. Game 3.03, the stewards’ ruling shall become a final decision of the division and the applicant shall be ineligible to re-apply for a license for the balance of the calendar year from the date of the stewards’ ruling. The denial of a license by the division to any applicant will continue in effect until such time as the division approves a subsequent application for a license.

Game 13.07 History History: Cr. Register, March, 1990, No. 411, eff. 4-1-90; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471.

subch. II of ch. Game 13 Subchapter II — Standards Applicable To All Occupation Licensees

Game 13.08 Game 13.08 Persons prohibited from licensure. No person to whom any of the following applies shall be granted a license by the division:

Game 13.08(1) (1) The person is in default on any payment required under this ch. 562, Stats., or under any rule promulgated by the division or under any law of any other state related to pari-mutuel wagering or racing;

Game 13.08(2) (2) The person has been convicted of a felony within 20 years preceding the date of application in a state or federal court for which that person has not been pardoned and restored to full civil rights, or has been charged with the violation of a state or federal law which is a felony if that charge has not been dismissed or settled in any other way;

Game 13.08(3) (3) The person is or has been connected with or engaged in any business which is prohibited under the laws of this or another state or of the United States;

Game 13.08(4) (4) The person has been convicted of fraud or misrepresentation in connection with racing or animal breeding;

Game 13.08(5) (5) The person has been convicted of a violation of any law of this or another state or of the United States related to racing, pari-mutuel betting or any other form of gambling which is a serious violation;

Game 13.08(6) (6) The person has knowingly violated a rule or order of the division or any provision of this chapter or of ch. 27, 182, 562 or 945, Stats.;

Game 13.08(7) (7) The person has been convicted of a violation of any law of this or another state or of the United States related to the humane treatment of animals, including any rule promulgated by the division;

Game 13.08(8) (8) The person, if applying for, or holding, licensure pursuant to s. 562.05 (1) (a), Stats., has accepted public money to construct or operate a racetrack in Wisconsin;

Game 13.08(9) (9) The person is the holder of a racing occupation license which is currently under suspension by another racing jurisdiction, or whose license has been denied by another racing jurisdiction and the person has not been licensed by that jurisdiction subsequent to denial.

Game 13.08(10) (10) A foreign corporation that has not obtained a certificate of authority to transact business in this state as required under s. 180.1501, Stats.

Game 13.08 History History: Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: cr. (10) Register November 2003 No. 575, eff. 12-1-03.

Game 13.09 Game 13.09 General requirements.

Game 13.09(1) (1) An applicant, other than a business entity, for an occupation license shall be at least 16 years of age and shall be at least 18 years of age for any racing official license.

Game 13.09(2) (2) An applicant for an occupation license shall furnish with the license application 2 sets of classifiable fingerprints on the law enforcement agency cards provided by the division or department of justice:

Game 13.09(2)(a) (a) When applying for a license; or

Game 13.09(2)(b) (b) When requested by the stewards in the course of an investigation or inquiry.

Game 13.09(3) (3) Each applicant shall fulfill this fingerprint requirement at either the licensing office of each racetrack or at a law enforcement agency.

Game 13.09(4) (4) For the following entities the individuals specified must meet the fingerprint requirements:

Game 13.09(4)(a) (a) A partnership, each partner of the partnership;

Game 13.09(4)(b) (b) An association, each officer and director of the association;

Game 13.09(4)(c) (c) A corporation, each officer or director of the corporation and each owner, directly or indirectly, of any equity security or other ownership interest in the corporation. In the case of owners of publicly held securities of a publicly traded corporation, this requirement only applies to a person who is a beneficial owner of 5% or more of the publicly held securities.

Game 13.09(5) (5) An applicant for an occupation license in all categories, except that of a greyhound owner, shall be a United States citizen, a permanent resident alien, or be the holder of a temporary or permanent work permit, pursuant to 20 CFR 655 and 656.

Game 13.09(6) (6) In addition to the foregoing requirements, applicants shall meet the specific standards for eligibility.

Game 13.09 History History: Cr. Register, March, 1990, No. 411, eff. 4-1-90 CR 03-070: am. (1) Register November 2003 No. 575, eff. 12-1-03.

Game 13.10 Game 13.10 Unqualified to perform the duties. The division may refuse a license application or suspend or revoke a license previously granted if the applicant:

Game 13.10(1) (1) Fails to meet the specific criteria set forth in this chapter; or

Game 13.10(2) (2) Has an apparent or actual conflict of interest as set forth in this chapter.

Game 13.10 History History: Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Game 13.11 Game 13.11 Falsifying answers or omitting facts.

Game 13.11(1) (1) The division may impose a forfeiture, deny a license application or suspend or revoke a license already granted if the applicant:

Game 13.11(1)(a) (a) Gives false answers to questions during the course of a steward’s inquiry; or

Game 13.11(1)(b) (b) Gives false answers in a hearing by the division; or

Game 13.11(1)(c) (c) Withholds or misstates information in his application.

Game 13.11(1)(d) (d) provides false or misleading information to the division or division’s representatives.

Game 13.11(2) (2) Applicants shall read the application carefully and take care in providing their social security numbers and dates of birth. If the applicant has a question about the application, the applicant may seek assistance from the division’s licensing personnel or the stewards. However, the applicant shall be solely responsible for the truth and correctness of all information furnished in the application.

Game 13.11 History History: Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. (1) (intro.), cr. (1) (d) Register November 2003 No. 575, eff. 12-1-03.

Game 13.12 Game 13.12 Probationary nature of licenses.

Game 13.12(1) (1) All licenses granted by the division shall be subject to suspension or revocation due to: violations of the rules of the division or another racing jurisdiction; suspension or revocation by another jurisdiction; violation of ch. 562, Stats.; any reason which would have supported denial of a license, and for good cause.

Game 13.12(2) (2) An applicant who receives a license shall be admonished by division personnel at the time the license is granted that severe sanctions such as license revocation or suspension shall be imposed if the holder of such a license violates the act or the rules of the division.

Game 13.12 History History: Cr. Register, March, 1990, No. 411, eff. 4-1-90.

subch. III of ch. Game 13 Subchapter III — Particular Occupational Requirements

Game 13.13 Game 13.13 Animal ownership by business entities.

Game 13.13(1) (1) Partnerships. All partnerships and the name and address of every person having any interest in an animal and the relative proportions of such interests shall be filed with the racing secretary and stewards. All the partners and each of them shall be jointly and severally liable for all stakes and forfeits. All partners of a general or limited partnership shall be licensed as owners. These licensure requirements shall apply to all partnerships owning any interest in an animal. Failure to meet these requirements shall render the animal ineligible for entry.

Game 13.13(2) (2) Corporations.

Game 13.13(2)(a) (a) All corporations having an interest in an animal shall file with the racing secretary and stewards at the time of filing an application for an owner’s license, a statement setting forth the names and addresses of all officers, directors and stockholders of said corporation, together with the amount of the respective holdings of each stockholder. The statement shall be signed by the president of the corporation, attested to by its secretary, and the corporate seal, if any, attached. All officers, directors and owners, directly or indirectly, of any equity or other ownership interest, or beneficial owners of 5% or more of the publicly held securities of a publicly traded corporation, shall be licensed as owners. These licensure requirements shall apply to all corporations owning any interest in an animal. Failure to meet these requirements shall render the animal ineligible for entry.

Game 13.13(2)(b) (b) The applications under this section shall be accompanied by an affidavit which states that the applicant, any partner, officer, director or beneficial owner of 5% or more of any class of stock of a corporation, and any person with a present or future, direct or indirect financial or management interest in the application, to the best of the applicant’s knowledge, meets the qualifications of s. Game 13.09.

Game 13.13(2)(c) (c) Any changes in the partners, officers, directors, or owners of 5% or more of any class of stock, or persons with a present or future, direct or indirect financial or management interest in a person licensed pursuant to this section shall promptly be filed with the stewards. All parties requiring licensure because of such change shall obtain a license. Failure to obtain a license shall render the animal ineligible for entry.

Game 13.13(3) (3) Kennel names.

Game 13.13(3)(a) (a) A licensed owner wishing to race under a kennel name shall register the name for the racing season with the division and pay the prescribed fee.

Game 13.13(3)(b) (b) A trainer who is also a licensed owner or part owner may use a kennel name as owner or part owner. However, no trainer shall be licensed as a trainer other than in his or her legal name.

Game 13.13(3)(c) (c) In applying to race under a kennel name the applicant shall disclose all ownership interests behind the kennel name.

Game 13.13(3)(d) (d) Changes in any ownership interests involved in a kennel name shall be reported immediately to, and approval obtained from, the stewards.

Game 13.13(3)(e) (e) A licensed owner shall not be a party to more than one kennel name at the same time, nor shall the owner use a real name for racing purposes so long as the owner has a registered kennel name.

Game 13.13(3)(f) (f) A licensed owner who has registered under a kennel name may at any time abandon it after having given written notice to the division.

Game 13.13(3)(g) (g) A kennel name may be changed at any time by registering a new kennel name and by paying the prescribed fee.

Game 13.13(3)(h) (h) A licensed owner shall not register a kennel name which is already registered by any other owner.

Game 13.13(3)(i) (i) A licensed owner shall not register as a kennel name one which the division determines to be misleading to the public or unbecoming to the sport. No kennel name shall be registered with the division if it is being used for advertising purposes.

Game 13.13(3)(j) (j) A kennel name shall be plainly distinguishable from that of another duly registered kennel name.

Game 13.13(3)(k) (k) All persons represented by a kennel name shall sign an authorized agent’s application which appoints one person to act as the agent for the kennel name.

Game 13.13(3)(L) (L) The division reserves the right to refuse the privilege of registering a kennel name.

Game 13.13 History History: Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (2) and (3), Register, July, 1990, No. 415, eff. 8-1-90; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; CR 03-070: renum. (2) to (5) to be (2) (a), (b), (c) and (3) and am. (2) (a) to (c), Register November 2003 No. 575, eff. 12-1-03.

Game 13.14 Game 13.14 Animal ownership by individuals.

Game 13.14(1) (1) An applicant for an owner’s license shall own in whole or in part, or lease an animal eligible to race at the race meeting where the applicant seeks to participate. In cases of a leased animal, both lessor and lessee shall be considered as owners for purposes of licensure. The animal shall be under the care of a trainer licensed by the division.

Game 13.14(2) (2) If younger than 18 years of age, an applicant for an owner’s license shall submit an affidavit from a parent or legal guardian stating that the parent or legal guardian shall assume legal responsibility for the applicant’s financial, contractual, or other obligations relating to the applicant’s participation in racing if the license is granted. A parent or legal guardian submitting such an affidavit shall also meet the requirements of sub. (3).

Game 13.14(3) (3) An applicant for an owner’s license shall be capable of meeting the financial obligations incurred in the ownership, kenneling, racing, training, and care of a racing animal.

Game 13.14(4) (4) Owners licenses are personal in nature and expire upon the death of the licensee and are then void and without effect as a pre-requisite for the entry of a racing animal. When the decedent was the sole owner the only mechanism by which the deceased owner’s racing animal(s) may be entered before the property rights in those racing animal(s) have been fully and completely transferred through legacy, intestate succession or authorized sale, is as follows: upon presentation of letters of administration issued by a court of competent jurisdiction, the person named in the letter shall be licensed as an authorized agent of the estate of the decedent and allowed to enter racing animal(s) formerly owned by the decedent, subject to the provisions of ch. 860, Stats.

Game 13.14 History History: Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (1), Register, July, 1990, No. 415, eff. 8-1-90; CR 03-070: am. (3) Register November 2003 No. 575, eff. 12-1-03.

Game 13.15 Game 13.15 Kennel owners, trainers and assistant trainers.

Game 13.15(1) (1) An applicant for a license as a trainer or an assistant trainer shall be at least 18 years of age and have been licensed as a trainer or assistant trainer by the division or another racing jurisdiction. Any person applying for a license as a trainer or assistant trainer for the first time in Wisconsin shall submit to examination by the stewards unless previously licensed in one of these capacities in another racing jurisdiction for at least 2 years immediately preceding the application.

Game 13.15(2) (2) An applicant for a trainer’s license shall have at least one racing animal to train which is eligible to race.

Game 13.15(3) (3) An applicant for an assistant trainer’s license shall be employed by a kennel owner.

Game 13.15(4) (4) An applicant for a kennel owner’s license shall:

Game 13.15(4)(a) (a) Be capable of meeting the financial obligations incurred in the racing, training, and care of the racing animal in his care; and

Game 13.15(4)(b) (b) Provide proof of having complied with sub. (5).

Game 13.15(4)(d) (d) If 2 or more individuals are a party to the ownership of a kennel, a partnership license shall be obtained along with the submission of an authorized agent’s application which appoints one person to act as the agent for the kennel.