Chapter Game 13

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.

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(6)(c) (c) Be identified in the official race program.

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 Game 13.16 Authorized agent.

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.

subch. IV of ch. Game 13 Subchapter IV — Parties to a Contract

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.