Chapter Game 24

Game 24.04(1)(j) (j) Keep at least one television monitor exclusively for reviewing the signal received by its guest track facilities during an intertrack performance. Said television monitor shall be monitored in a manner which shall be established by guest track facility.

Game 24.04(1)(k) (k) Issue the stop bet command at the moment the lure begins its movement.

Game 24.04(2) (2) The audiovisual contractor or host track shall ensure that every audiovisual signal shall contain the following in its video content:

Game 24.04(2)(a) (a) The date;

Game 24.04(2)(b) (b) A digital display of the actual time of day;

Game 24.04(2)(c) (c) The name of the racetrack from which it emanates;

Game 24.04(2)(d) (d) The minutes to post for each race;

Game 24.04(2)(e) (e) The number of the race being displayed; and

Game 24.04(2)(f) (f) An indication that a race being shown is a replay of a previously run race, if it is a replay.

Game 24.04(3) (3) The audiovisual contractor or host track shall not earlier than one hour and not later than 15 minutes prior to the commencement of transmission of a race, perform a test program of its transmitter, encryption, decoding, data communication, or other systems or devices approved by the division, to assure proper operation of the broadcast system. Any irregularity shall be reported immediately to the division auditor, pursuant to ss. Game 8.17 and 10.03.

Game 24.04 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; correction in (1) (f), (i) and (3), made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; emerg. am. (2) (c), eff. 8-25-95; am. (2) (c), Register, January, 1996, No. 481, eff. 2-1-96; correction in (1) (e) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1996, No. 487.

Game 24.05 Game 24.05 Duties of host licensee in accounting and reporting. The host licensee shall do all of the following:

Game 24.05(1) (1) For purposes of distribution of the wagering pools: breakage pools and minus pools shall be allocated pro-rata based on the percentage of winning dollars wagered at each location for each entry, pool and race, pursuant to s. 562.065 (3) (e), Stats., and s. Game 8.07.

Game 24.05(2) (2) In order to facilitate the transfer of money between host licensees and guest licensees, each host track shall perform a daily reconciliation of their racing accounts and all amounts due to or from guest tracks. The frequency of transfer of monies between host tracks and guest tracks shall be as specified by contract, but shall occur at least weekly. A weekly report of the accounts payable and receivable incurred from intertrack pari-mutuel activity shall be submitted to the division auditor by the host track listing the balance of the host track and all guest tracks that are commingling pools with the host track. The forms used to keep a running balance for each racetrack shall be approved by the division.

Game 24.05 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; emerg. am. (2), eff. 8-25-95; am. (2), Register, January, 1996, No. 481, eff. 2-1-96.

Game 24.06 Game 24.06 Duties of the guest licensee in intertrack wagering. The guest licensee shall do all of the following:

Game 24.06(1) (1) Conduct intertrack wagering via core to core or machine (TIM) to tote transmissions with the host track.

Game 24.06(2) (2) The totalizator operator shall discontinue intertrack wagers upon the issuance of the stop bet command issued by the host track steward, or if the stop bet command is not received, at the time the lure begins its movement. All guest tracks shall signal the cessation of wagering by sounding an off bell.

Game 24.06(3) (3) Only offer pools which are the same as those offered by the host licensee, but the guest licensee is not required to offer all pools offered by the host licensee. Guest licensees may elect to exclude pools offered by the host licensee upon contractual agreement between the guest licensee and the host licensee. The host track shall also determine the minimum ticket price that is available for each pool.

Game 24.06(4) (4) Cycle of frequency of the change of odds displayed on the display devices at intervals of not more than 60 seconds. An explanation shall be provided in the racing program indicating that odds and other wagering information may be delayed due to the accumulation and transfer of intertrack wagering data.

Game 24.06(5) (5) In order to facilitate the transfer of money between host tracks and guest tracks, perform a daily reconciliation of its racing accounts and all amounts due to or from the host track. The frequency of the transfer of monies between host tracks and guest tracks shall be as specified by contract, but shall occur at least weekly.

Game 24.06(6) (6) Ensure that tickets sold at guest tracks conform to the requirements of s. Game 10.06 (7), and be identified as intertrack wagers.

Game 24.06(7) (7) Not earlier than one hour and not later than 15 minutes prior to the commencement of transmission of a race, perform a test program of its transmitter, encryption, decoding, or other systems or devices approved by the division, data communication to assure proper operation of the broadcast system. Any irregularity shall be reported immediately to the division auditor, pursuant to ss. Game 8.17 and 10.03.

Game 24.06(8) (8) Provide sufficient television monitors in each totalizator room at the guest track to provide key totalizator employees a view of all animals starting in each race at any host track.

Game 24.06(9) (9) Maintain a facsimile machine located in the totalizator room. In the event that a manual transmission of data is necessary the facsimile machine shall be the priority method of receiving any changes in the host track racing program, or any wagering data.

Game 24.06(10) (10) Maintain a direct private line telephone with the host track located in the totalizator room. Such direct private line telephone communication will be used to receive information during instances when facsimile transmission is not possible, or when facsimile transmission is not timely due to urgency of communication. Any direct private line telephone communication shall be confirmed in writing by the mutuel manager or designee within 24 hours of the end of the program. A copy shall be provided to the division auditor.

Game 24.06(11) (11) Display the same post time as the host track for all intertrack races.

Game 24.06(12) (12) Provide:

Game 24.06(12)(a) (a) If satellite transmission is utilized, a downlink system which does not interfere with the closed circuit television system utilized by the guest track association for patron information;

Game 24.06(12)(b) (b) Such security controls over its communication system, as approved by the division, as are necessary to protect the security of the signals, protect the best interests of the public and to maximize revenues to the state as approved by the division;

Game 24.06(12)(c) (c) One or more information windows to address patron complaints, questions, inquiries, and which shall contain a copy of the division’s administrative rules for patron review.

Game 24.06(13) (13) All monies retained by a guest track from intertrack wagering pools as purse monies shall be deposited weekly in an interest-bearing account. All proceeds from the account, including interest, shall be distributed as purses as approved by the division.

Game 24.06 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; correction in (6) and (7) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471.

Game 24.07 Game 24.07 Intertrack wagering - emergency procedures. The following emergency procedures are established:

Game 24.07(1) (1) Prior to the commencement of wagering on the first race on an intertrack wagering program, both the audio and video signals must be present at the guest track in order for intertrack wagering at the guest track to be conducted. In the event of a loss of either the audio or visual signal , during the race performance, wagering may continue only until the scheduled post-time of the current race at the host track. If both the audio and visual signals are lost, wagering shall immediately cease at the guest track and may not resume until both the audio and visual signal are restored. Any advance bets made, provided there has not been an accompanying data transmission failure, must be treated as valid bets and paid out accordingly.

Game 24.07(2) (2) In the event of an impairment of the ability of a totalizator to record, classify, or accumulate wagering data or to do calculations, or if wagering data is lost, the following procedures shall apply:

Game 24.07(2)(a) (a) In the event the guest licensee’s totalizator system fails, all money wagered on the race that was entered into the host track’s pools from that guest licensee’s totalizator system prior to the time of failure shall remain in the host track’s pools only if the guest licensee’s totalizator system is reestablished by the start of the race. If the guest licensee’s totalizator system is not reestablished by the start of the race, then all money wagered on the race at that guest licensee shall be refunded. In the event money wagered on the race did not enter into the host track’s pools and such pool data is available in the guest track totalizator system, a manual merge with the host track’s pools shall be performed.

Game 24.07(2)(b) (b) In the event the host track’s totalizator system fails, all wagering at the host track and guest track and all transmission of data from the guest track to the host track’s totalizator system shall cease until the host track system is fully operational.

Game 24.07(2)(b)1. 1. If the host track’s totalizator system becomes operational before the start of the race and wagering data is available, transmission of data from guest tracks and wagering shall resume at all racetracks until the stop bet command is issued by the host track.

Game 24.07(2)(b)2. 2. If the host track’s totalizator system is not operational before the start of the race and wagering data is lost, all wagers at all racetracks on the affected races shall be refunded.

Game 24.07 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; emerg. am. (1) (intro.), (b) 1. and 2., eff. 8-25-95; am. (1), (2) (b) 1. and 2., Register, January, 1996, No. 481, eff. 2-1-96.

Game 24.08 Game 24.08 Intertrack wagering - ticket cashing requirements and procedures. Each guest licensee shall do all of the following:

Game 24.08(1) (1) Tickets issued for intertrack wagers shall be honored in conformity with requirements of ch. Game 10. In addition to the specifications of that chapter, the following requirements shall apply:

Game 24.08(1)(a) (a) In core to core transmission tickets purchased at a guest track shall be cashed by the guest track only.

Game 24.08(2) (2) Publicly display or explain in the official daily race program information regarding the amount of time patrons have to cash intertrack winning tickets at the guest track location, and the location and method of remitting winning tickets for cashing after the time has expired at the guest track location.

Game 24.08(3) (3) There may be no cancellations of wagers at any racetrack other than that where the ticket is purchased.

Game 24.08 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; correction in (1) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; emerg. am. (2), eff. 8-25-95; am. (2), Register, January, 1996, No. 481, eff. 2-1-96.

Game 24.09 Game 24.09 Change of ownership. Intertrack wagering licenses are personal in nature and may not be sold or otherwise transferred unless the division has granted prior written approval for such a change of ownership or transfer.

Game 24.09 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94.

Game 24.095 Game 24.095 Termination of license. Any license issued under this chapter shall terminate if the holder of the license is no longer licensed under s. 562.05 (1) (b), Stats.

Game 24.095 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; emerg. am. eff. 8-25-95; am. Register, January, 1996, No. 481, eff. 2-1-96.

Game 24.10 Game 24.10 Duration. Intertrack wagering licenses shall expire on the last date for which permission to conduct intertrack wagering has been approved by the division.

Game 24.10 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94.

subch. III of ch. Game 24 Subchapter III — Interstate Broadcasts or Simulcasting

Game 24.11 Game 24.11 Interstate broadcasts - Wisconsin racetrack as host track. The following shall apply when a Wisconsin racetrack is the host track:

Game 24.11(1) (1) A Wisconsin racetrack proposing to be a host track for simulcasting purposes shall provide written notification to the division at least 10 days prior to sending its races to out-of-state guest track locations. Notification to the division shall include the identification and location of the out-of-state guest tracks, the manner in which the pools will be formed at the guest track, and copies of all simulcast contracts with each out-of-state guest track.

Game 24.11(2) (2) Wisconsin host tracks shall include as part of their contracts with out-of-state guest tracks all requirements of ch. Game 24 applicable to host tracks.

Game 24.11(3) (3) Wisconsin host tracks shall not delay post times for purposes of accumulating wagers from out-of-state guest tracks, with the exception of an emergency which requires a manual merge of wagering data or emergencies beyond the control of the Wisconsin host track. No delay may occur without informing the stewards, prior to the next race.

Game 24.11(4) (4) All contracts entered into by a Wisconsin host track with an out-of-state guest track shall include a provision to the effect that the guest track shall provide any and all information necessary for the host track’s accounting of its pari-mutuel activities and any information required by the division in Wisconsin for auditing purposes.

Game 24.11 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; emerg. renum. (1) to (3) to be (2) to (4) and am., cr. (1), eff 8-25-95; renum. (1) to (3) to be (2) to (4) and am., cr. (1), Register, January, 1996, No. 481, eff. 2-1-96.

Game 24.12 Game 24.12 Interstate broadcasts - commingled pools. The following shall apply for interstate broadcasts with commingled pools:

Game 24.12(1) (1) All contracts governing participation in interstate commingled pools shall be submitted to the division for approval prior to commingling pools as a guest or host track.

Game 24.12(2) (2) Rules established for pari-mutuel pools for the out-of-state host track shall apply to the pari-mutuel pools offered at the Wisconsin guest track.

Game 24.12(3) (3) When a Wisconsin racetrack is the host track, the wagers received by the out-of-state guest tracks may be transmitted to the host track in Wisconsin to form a commingled pool.

Game 24.12(4) (4) Each Wisconsin guest track shall have individual contracts with each out-of-state host track and the Wisconsin guest tracks’ pools shall remain separate for accounting, auditing, reporting, purse calculations, tax liability, and all other statutory obligation purposes.

Game 24.12(5) (5) When the commingled pool or a separate pool is formed in Wisconsin, the odds and the payout prices shall be calculated in accordance with the rules in ch. Game 9. In arriving at the amount distributable to the bettors, the total take-out being used by the Wisconsin host track shall apply.

Game 24.12(6) (6) If any Pick (N) pool, exchange pool or any other pari-mutuel pool that is not provided for in ch. Game 9 is rejected by an out-of-state host track, then a refund of these pools shall be provided by the Wisconsin guest track.

Game 24.12(7) (7) If a Wisconsin racetrack is the host track, all applicable provisions contained in ch. 562, Stats., regarding breakage shall apply. If a Wisconsin racetrack is the guest track, the division shall approve any agreement made between the Wisconsin guest track and any out-of-state host track governing the distribution of breakage.

Game 24.12(8) (8) Taxes and other statutory obligations as required by s. 562.065 (3) (c), Stats., shall be applicable to wagers placed at a Wisconsin pari-mutuel facility and received by the Wisconsin host and guest tracks only. Any surcharges or withholding in addition to the takeout shall only apply in the jurisdiction imposing the surcharges or withholdings.

Game 24.12(9) (9) If a Wisconsin guest track commingles its wagering pools with the wagering pools of an out-of-state host track and the wagering takeout deductions of the host track are outside the deductions set forth in s. 562.065 (3) (a), Stats., the Wisconsin guest track, with the prior approval of the division, may adopt the takeout deduction of the out-of-state host track so as to achieve a common takeout rate with other participants in the interstate commingled pool to produce a standard common payout price.

Game 24.12(10) (10) A Wisconsin guest track proposing to participate in an interstate commingled pool may request that the division approve a methodology whereby the states of the host and guest tracks with different takeout rates for corresponding pari-mutuel pools may effectively and equitably combine wagers from the different states into an interstate common pool and achieve a net price payout.

Game 24.12(11) (11) A Wisconsin guest track shall allow its patrons to wager on a specific race or race performance through more than one out-of-state host track.

Game 24.12 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; corrections in (3) and (5) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; renum. (1), (2), (3) and (6) to be (3), (4), (5) and (8) and am., r. (4) and (5), cr. (1), (2), (6), (7), (9) to (11), eff. 8-25-95; renum. (1) to (3) and (6) to be (3) to (5) and (8) and am., r. (4) and (5), cr. (1), (2), (6), (7), (9), to (11), Register, January, 1996, No. 481, eff. 2-1-96.

Game 24.13 Game 24.13 Approval for simulcast wagering, fees, and charges.

Game 24.13(1) (1) A licensee under s. 562.05 (1) (b), Stats., prior to receiving simulcast races from out-of-state racetracks and acting as a guest track to conduct pari-mutuel wagering, must comply with the following:

Game 24.13(1)(a) (a) Notify its tote company 7 days prior to accepting commingled wagers.

Game 24.13(1)(b) (b) Receive prior division approval and comply with the following:

Game 24.13(1)(c) (c) File an application in the form and manner prescribed by the division and submit any exhibits required by the division for each host track in which simulcast races are to be received by the Wisconsin guest track.

Game 24.13(1)(d) (d) Submit a minimum simulcast fee of $20 for each race performance received from an out-of-state host track. In the event the regulatory costs of simulcasting incurred by the division exceeds the assessed fee, the division shall increase the simulcast fee equally to each association conducting simulcasting to ensure simulcast fees equal the expenses of regulating simulcasting. The fee shall be paid no later than 48 hours after the conclusion of the race day in which the simulcast performance started or, if the 48-hour period does not include a business day, on the first business day immediately following the close of the race day. This provision regarding the payment of fees shall be applicable if the guest track accepts wagers on any race of a race performance from an out-of-state host track.

Game 24.13(1)(e) (e) For a Wisconsin guest track at which $25,000,000 or more was wagered during the calendar year immediately preceding the year in which the Wisconsin guest track proposes to conduct wagering on simulcast races, at least 250 live race performances were conducted at the racetrack during that period.

Game 24.13(1)(f) (f) For a Wisconsin guest track at which less than $25,000,000 was wagered during the calendar year immediately preceding the year in which the Wisconsin guest track proposes to conduct wagering on simulcast races, at least 200 live race performances were conducted at the racetrack during that period.

Game 24.13(1)(g) (g) For a Wisconsin guest track, wagering on simulcast races shall be conducted at the Wisconsin guest track only as an adjunct to, and not in a manner that will supplant, wagering on live on-track racing at that racetrack, and wagering on simulcast races shall not be the primary source of wagering revenue at that racetrack.

Game 24.13(1)(h) (h) For a Wisconsin guest track, the conduct of simulcast wagering shall not adversely affect the public health, welfare, or safety.

Game 24.13(2) (2) The division may deny or suspend approval to the Wisconsin guest track to receive simulcast races from an out-of-state host track based on the following:

Game 24.13(2)(a) (a) The out-of-state host track is not in good standing or licensed by the governing regulatory body entrusted with the oversight and licensing responsibilities of the host track.

Game 24.13(2)(b) (b) The jurisdiction from which the simulcast race originates does not have an animal drug testing program to test participating animals.

Game 24.13(2)(c) (c) Any reason which the division determines would affect the integrity of the wagering pools, totalizator system, or pari-mutuel wagering at either the host or guest track.

Game 24.13(3) (3) After obtaining division approval to receive simulcast races from an out-of-state racetrack, any additions or deletions of race performances shall be submitted to the division for approval at least 72 hours prior to the proposed implementation of the change.

Game 24.13 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; emerg. r. and recr., eff. 8-25-95; r. and recr. Register, January, 1996, No. 481, eff. 2-1-96; emerg. am. (1) (d), eff. 3-1-96; am. (1) (d), Register, August, 1996, No. 488, eff. 9-1-96.