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(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 HistoryHistory: 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(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 HistoryHistory: 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.