Game 4.07(10)(a)(a) “Each kennel licensed by the division shall permit unrestricted access to said kennel by the division and its designated representatives.” Game 4.07(10)(b)(b) “Track management has discretionary power to place a kennel on probationary status by written notification at any time a kennel’s win record places it in the lowest 3 kennel positions during each of the 3 preceding months. A kennel can remove itself from probation by placing above 3 or more kennels in number of wins for any month during the next 3 months. Otherwise, track management has discretionary power to dismiss the kennel. The track must dismiss any kennel that has finished in the bottom 4 positions 2 out of the past 3 years and cannot re-book that kennel owner for 5 years. The Wisconsin gaming division may grant an exemption to this rule due to acts beyond the control of the parties which could not be avoided by the exercise of due diligence. Track management can dismiss a kennel for other causes only subject to appeal to the division.” Game 4.07(10)(c)(c) “The kennel owner shall enter into a clearly defined, written agreement with the owners of all greyhounds included in the kennel to ensure that in the event such a greyhound is to be removed from the racetrack, unless the greyhound’s immediate destination is another racetrack, for racing purposes; or a breeding farm, for breeding purposes; or a greyhound pet placement program approved by _________________ (name of the track) and the Wisconsin gaming division, the greyhound shall be returned to the registered owner of the greyhound. Prior to receiving any greyhound’s registration paper from _______________ (name of the track) and/or removing any greyhound included in the kennel from the racetrack, the kennel owner or its designated representative shall sign a release form provided by _______________ (name of the track) specifically indicating; the destination of the greyhound; the method and date of transportation; and name of hauler.” Game 4.07(11)(11) The association shall provide that each starting box and loading area behind the starting box is covered by an overhead structure with the sides of the structure enclosed with a chain link fence or other means approved by the division and at least one gate for entering and exiting. Game 4.07(12)(12) Any association whose race dates include performances in any of the months of November through March shall provide a heated racing surface, heated sprint path, and heated and fully enclosed starting box approved by the division. Game 4.07 HistoryHistory: Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (7), (8) and (10) (b), cr. (10) (c), (11) and (12), Register, July, 1990, No. 415, eff. 8-1-90; CR 03-070: am. (3), (4), (9), (11) and (12) Register November 2003 No. 575, eff. 12-1-03. Game 4.08(1)(1) The association shall submit at least 45 days prior to the first day of race meet the proposed purse distribution formula for approval by the administrator. Game 4.08(2)(2) The association shall pay all purse payments directly to the owner of the greyhound or, if a greyhound is leased, the purse shall be paid directly to the lessor and lessee of the greyhound as agreed in the lease affidavit on file with the association. Game 4.08(3)(3) No deductions from purse payments due a greyhound owner or kennel owner shall occur unless the greyhound owner or kennel owner consents in writing to the deduction. Game 4.08 HistoryHistory: Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. (2), cr. (3) Register November 2003 No. 575, eff. 12-1-03. Game 4.09Game 4.09 Alternative use of facilities. No association or track operator shall use racetrack grounds or facilities for purposes other than authorized by these rules without first obtaining prior approval of the division. Game 4.09 HistoryHistory: Cr. Register, March, 1990, No. 411, eff. 4-1-90. Game 4.10Game 4.10 Fees. The association may, as determined by the division, be responsible for all reasonable costs incurred by the division payable to an outside agency, company, entity or individual other than division personnel, relative to tests of totalizator systems and all audits of any association or pari-mutuel book, record, document or other source of information. Game 4.11Game 4.11 Operator responsibility. The racetrack operator who has contracted with an association licensed pursuant to s. 562.05 (1) (b), Stats., may be penalized as if they were the association, for any failure by the association to fulfill an obligation imposed by, or an action in violation of, ch. 562, Stats., or division regulations. In making this determination the division shall consider whether the operator knew, or by exercise of due diligence should have known of the violation; the ability of the operator to independently take action to avoid the violation, or, by virtue of the contractual relationship with the association, enforce any performance by the association necessary to avoid the violation. Game 4.11 HistoryHistory: Cr. Register, March, 1990, No. 411, eff. 4-1-90. Game 4.12Game 4.12 Inclement weather. An association shall obtain the approval of the stewards or administrator or designee prior to canceling any race due to inclement weather. The stewards shall order cancellation of the race performance or any portion thereof after consultation with the association management upon a determination that weather conditions pose a threat to the health of the greyhounds or personnel involved in the running of the race. Regulation fees are payable for all canceled race performances or portions thereof. Game 4.13Game 4.13 Financial audit. Audits shall be completed by the association and delivered to the division. Game 4.13(1)(1) Each association shall have an annual audit performed at the close of the calendar year. This audit is to be performed in accordance with generally accepted accounting principles by an independent certified public accountant registered by the state of Wisconsin. The resulting audit report is to be prepared in accordance with the American Institute of Certified Public Accountants (AICPA) industry audit guide. The report shall also contain the auditor’s opinion regarding the financial statements taken as a whole, or an assertion to the effect that an opinion cannot be expressed. If the auditor expresses a qualified opinion, a disclaimer of opinion, or an adverse opinion, the reason therefore shall be stated. Game 4.13(2)(2) The latest audit report shall be filed with the division within 120 days of the end of the calendar year. Game 4.13(3)(3) A request for an extension of time to file an audit report shall be submitted in writing 7 days prior to the deadline for filing the audit report. Game 4.13(4)(4) A request for an extension of time to file an audit report shall only be granted when the auditor submits a signed statement verifying that the audit cannot be completed in the designated time due to circumstances beyond the control of the auditor and the association. The auditor’s statement shall also detail the circumstances that form the basis for the request. Game 4.13 HistoryHistory: CR 03-070: cr. Register November 2003 No. 575, eff. 12-1-03. Game 4.14(1)(1) The following areas on association grounds shall be considered restricted areas: Game 4.14(1)(a)(a) Paddock, including lock-out kennel, division veterinarian’s office, paddock parking lot and other areas in which competing greyhounds may be held between weigh-in and the conclusion of live racing. Game 4.14(1)(d)(d) Racetrack surface, including starting boxes, totalizator board and all areas in between the paddock and racing surface where competing greyhounds may be located during live racing. Game 4.14(2)(2) Unless specifically prohibited, on-duty emergency, law enforcement and division personnel or designees shall have unrestricted access to all restricted areas. Game 4.14(3)(3) Only persons licensed by the division shall be present in a restricted area unless escorted by a representative of the division or a licensee with access to the restricted area. Game 4.14(4)(4) All licensees present in a restricted area shall be performing duties related to the individual’s license and shall be wearing the identification badge issued by the division. Game 4.14(5)(5) No person shall possess any animal except a greyhound while in a restricted area. Game 4.14(6)(6) Access to the following areas shall be restricted by the association in the following manner: Game 4.14(6)(b)(b) On a day in which live greyhound racing is scheduled, no person licensed pursuant to s. Game 13.05 (1), shall be present in the urine sample collection area unless the person is escorted by a division employee. Game 4.14(6)(c)(c) On a day in which live greyhound racing is scheduled, persons not holding an occupational license issued by the division and persons licensed pursuant to s. Game 13.05 (1) (c), (e), (h) 1., 2., 3., or (i) shall not be present in the paddock or racetrack surface area from the conclusion of weigh-in until the last race. Game 4.14(6)(d)(d) No person shall be present in the totalizator room unless the person possesses a license issued under s. Game 13.05 (1), and is designated by the totalizator company as having access or meets sub. (3). Game 4.14(6)(e)(e) No person shall be present in the money room unless the person possesses a license issued under s. Game 13.05 (1), and is designated by the association as having access or meets sub. (3). Game 4.14(7)(7) Any licensee observing a violation of s. Game 4.14, shall immediately report the observation to the association security office and division. Game 4.14 HistoryHistory: CR 03-070: cr. Register November 2003 No. 575, eff. 12-1-03.
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