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.
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)(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)(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)(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.
Game 13.15(5)
(5) An applicant for a kennel owner's license, who is otherwise not subject to the provisions of the workers' compensation statute (ch.
102, Stats.), shall elect to be so bound pursuant to s.
102.05, Stats., and no kennel owner licensed in Wisconsin shall effect a withdrawal from these requirements. At the time of submitting an application for a license, the applicant shall attach to the application evidence of insurance as required by ss.
102.28 (2) (a) and
102.31, Stats., or a written order of exemption pursuant to s.
102.28 (2) (b), Stats. Where an applicant has no employees, and contemplates none, the applicant shall attach an affidavit to this effect with the kennel owner application upon a form to be supplied by the division. If a kennel owner subsequently does become an employer, the applicant shall comply with this section and supply to the division the applicable evidence of compliance.
Game 13.15(6)
(6) A kennel owner shall designate one trainer of record. The designation shall be made in writing and provided to the association and stewards. A trainer of record shall:
Game 13.15(6)(a)
(a) Be responsible for the eligibility, conditioning, care, weight and weighing-in requirements of the greyhounds in their control and possession.
Game 13.15(6)(b)
(b) Ensure the health, welfare and safety of all greyhounds in their care and custody.
Game 13.15(7)
(7) A trainer may relinquish the kennel owner's designation as trainer of record upon consent of the kennel owner or 7 days written notice to the kennel owner, association and division. Upon consent of the kennel owner or written notification by the trainer, the kennel owner shall designate in writing to the association and division a new trainer of record.
Game 13.15(8)
(8) Any trainer or kennel owner who brings a greyhound to weigh-in to compete in an official race warrants that the greyhound is qualified for the race, is ready to race, is in a physical condition to exert its best effort and is entered with the intent to win.
Game 13.15(9)
(9) The trainer of record shall register with the stewards or their designee all persons designated to assist the trainer on association grounds. The trainer of record shall promptly notify the stewards of the termination of these responsibilities.
Game 13.15(10)
(10) A trainer of record shall be present on association grounds and carrying out the trainer's duties no less than 24 hours over a period of 7 consecutive days. Except in emergency situations, a trainer of record who will be absent from association grounds for the purpose of carrying out the trainer's duties for more than 24 hours in a period of 7 consecutive days shall designate to the stewards a licensed assistant trainer or licensed trainer, who shall assume all duties and responsibilities of the trainer under
ch. 562, Stats., and the rules of the division.
Game 13.15(11)
(11) A trainer may only be employed by one kennel owner in the state of Wisconsin at any given time.
Game 13.15(12)
(12) No licensed kennel owner, trainer or assistant trainer shall have any ownership interest in a greyhound of which the licensee is not the kennel owner, trainer or assistant trainer located at the same race meet.
Game 13.15 Note
Note: These forms may be obtained either at the racetrack or the Division of Gaming office at 2005 West Beltline Highway, Suite 201, P.O. Box 8979, Madison, WI 53708-8979.
Game 13.15 History
History: Cr.
Register, March, 1990, No. 411, eff. 4-1-90; am. (2) (intro.), and (a), (3) and (4),
Register, July, 1990, No. 415, eff. 8-1-90; r. (4) (c),
Register, May, 1998, No. 509, 6-1-98;
CR 03-070: am. (3), cr. (4) (d), (6) to (12) Register November 2003 No. 575, eff. 12-1-03.
Game 13.16(1)
(1) Each authorized agent shall obtain a license from the division.
Game 13.16(2)
(2) The application for a license as an authorized agent shall be accompanied by a written instrument signed and notarized by the principal which shall clearly set forth the powers of the agent, including whether the agent is empowered to collect money for the licensee. A copy shall be filed with the stewards.
Game 13.16(3)
(3) Any changes in the power, including revocation of authority, delegated by the principal to the authorized agent must be in writing, notarized and filed with the stewards before becoming effective.
Game 13.16 History
History: Cr.
Register, March, 1990, No. 411, eff. 4-1-90.
Game 13.17
Game 13.17 License required. Persons entering into management, consultant, concession or other contracts to provide goods or services or both to a person licensed pursuant to s.
562.05 (1) (a),
(b) and
(c), Stats., must also be licensed by the division. Such contracts are also subject to the provisions of
ch. Game 4. Any contract entered into between a person licensed pursuant to s.
562.05 (1) (a),
(b) and
(c), Stats., and a non-licensed person(s) shall be considered void as against public policy.
Game 13.17 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.
Game 13.18
Game 13.18 Penalties. No person, licensed pursuant to s.
562.05 (1) (a),
(b) or
(c), Stats., shall enter into any contract with a non-licensed person, whether the contract is oral or written, or attempt to circumvent the requirements of this section by such actions as, but not limited to, behaving as if a contractual agreement existed although not reduced to writing or otherwise not meeting all legal requirements for formation of a binding contract. The licensee shall be subject to a forfeiture not to exceed $10,000 or suspension or revocation, or any combination, for violation of this section.
Game 13.18 History
History: Cr.
Register, March, 1990, No. 411, eff. 4-1-90.
Game 13.19
Game 13.19 General conflict provisions. Game 13.19(1)
(1) When an applicant applies for a license in more than one category, the division shall consider whether the holding of such multiple licensing creates the appearance of a conflict of interest such as, but not limited to, a sudden change in ownership to immediate family members or a change in ownership without adequate consideration. If such appearance is created, both licenses may be suspended or denied.
Game 13.19(2)
(2) The immediate family member of a racing official shall not be permitted to obtain an occupational license unless prior approval is obtained by the stewards. When considering the issuance of a license to an immediate family member of a racing official, the stewards shall consider if such licensing creates a conflict of interest or the appearance of a conflict of interest, and whether it is in the best interest of racing.
Game 13.19 History
History: Cr.
Register, March, 1990, No. 411, eff. 4-1-90;
CR 03-070: renum. to (1), cr. (2) Register November 2003 No. 575, eff. 12-1-03.
Game 13.20
Game 13.20 Dual licensing. The following kinds of dual licenses shall be prohibited:
Game 13.20(1)
(1) A person licensed as a veterinarian or totalizator employee shall not be licensed in any other capacity;
Game 13.20(2)
(2) A person licensed as a racing official shall not be licensed as anything other than a racing official at the meeting at which that person is serving as a racing official;
Game 13.20(3)
(3) No division employee shall be licensed in any other capacity;
Game 13.20(4)
(4) All requests for dual licensing must be approved by the stewards.
Game 13.20(5)
(5) A person licensed as a mutuel employee shall not be permitted to be simultaneously licensed in any other occupation as identified in
s. Game 13.05 (1) (i).
Game 13.20 History
History: Cr.
Register, March, 1990, No. 411, eff. 4-1-90;
CR 03-070: cr. (5) Register November 2003 No. 575, eff. 12-1-03.
Game 13.21
Game 13.21 Husbands and wives. Suspension, denials or revocations against either a husband or a wife shall apply equally to the licensee's spouse unless the division finds that the continued participation in racing by the affected spouse will not circumvent the intent of the rule or ruling by permitting one spouse to serve in essence as a substitute for a person ineligible to participate in a particular activity. In making such a decision, the stewards and division shall consider but not be limited to the following: the length of involvement in racing of the affected parties, the economic interdependence of the parties, and the nature of the licenses. However, the spouse of a person suspended for 10 or fewer days shall not be suspended.
Game 13.21 History
History: Cr.
Register, March, 1990, No. 411, eff. 4-1-90.
Game 13.22
Game 13.22 Transfer of a racing animal. The transfer of a racing animal by a person whose license has been suspended, denied, or revoked to circumvent a rule or ruling shall constitute a violation of these rules, and the licenses of both parties to the transfer may be suspended, revoked or a forfeiture imposed. No transfers of racing animals from a suspended licensee to an immediate family member shall be allowed. Immediate family member means mother, father, spouse, son, daughter, stepchildren and spouses of immediate family members.
Game 13.22 History
History: Cr.
Register, March, 1990, No. 411, eff. 4-1-90.
Game 13.23
Game 13.23 Prohibited activities by licensees. Violation of the following shall be considered grounds for denial or suspension of an occupation license or imposition of a forfeiture or both:
Game 13.23(1)
(1) No licensed person shall allow another person use of the license badge for the purpose of transferring any of its benefits. No license is transferable and no duplicate license shall be issued except upon payment of a fee prescribed by the division.
Game 13.23(2)
(2) All licensees when present in a restricted area or in the employment of the association shall prominently display the badge issued by the division.
Game 13.23(3)
(3) No person shall offer, promise, give, accept or solicit a bribe in any form, directly or indirectly, to or by a person having any connection with the outcome of a race.
Game 13.23(4)
(4) No person shall cause or attempt to cause, or participate in any way in any attempt to cause the pre-arrangement of a race result.
Game 13.23(5)
(5) No person shall fail to report knowledge of the offering, promising, giving, accepting, or soliciting a bribe in any form, directly or indirectly, to or by a person having any connection with the outcome of a race.
Game 13.23(6)
(6) No person shall fail to report knowledge of the causing or attempting to cause or participation in any way in any attempt to cause the pre-arrangement of a race result.
Game 13.23(7)
(7) No person shall enter or permit a greyhound to be entered in a race if that person knows the greyhound was trained with any live lure or bait.
Game 13.23(8)
(8) No person shall enter or permit a dog to be entered in a race if that person knows that the dog was trained in a state that does not specifically prohibit the use of live lures or bait in a race or training for entry in a race.
