562.05(3m)(3m)The department may not accept an application for a license for a race under sub. (1) (c) unless the county board of the county in which that race will be conducted has approved the applicant’s sponsorship and management of that race.
562.05(3r)(3r)The application for the first license under sub. (1) (a) to be issued for any location shall be accompanied by a resolution, supporting the proposed location of the racetrack and its ownership and operation by the applicant, which has been adopted, after a public hearing, by the governing body of the city, village or town where the racetrack is proposed to be located. A common council may not adopt such a resolution if an ordinance prohibiting the location of a racetrack at the proposed location has been adopted under s. 9.20 before May 3, 1988, or a petition for such an ordinance has been filed, under s. 9.20, before May 3, 1988. Except as provided in this subsection, no ordinance adopted under s. 9.20 or 66.0101 may prohibit the location of a racetrack in any city or village.
562.05(3w)(3w)Except as provided under subs. (3) to (3r), the department may issue a license under sub. (1) (a) if the department determines that all of the following conditions are met:
562.05(3w)(a)(a) At least 51 percent of the ownership interest in the racetrack is held by residents of this state.
562.05(3w)(b)(b) The license will not adversely affect the public health, welfare and safety.
562.05(3w)(c)(c) The racetrack will be operated in accordance with applicable laws.
562.05(3w)(d)(d) The applicant is qualified and financially able to operate a racetrack.
562.05(3wmr)(3wmr)If the condition under sub. (2m) is relevant to its decision, the department may consider secondary economic impacts of an applicant’s proposal for a racetrack if the applicant proves by a preponderance of evidence that the alleged secondary impacts will enhance the success of the applicant’s proposed racetrack and the location of the proposed racetrack would compliment existing development with the overall effect of increasing tourism and generating state revenues from out-of-state residents.
562.05(3wr)(3wr)The first license issued to each applicant under sub. (1) (a) for each racetrack expires after 5 years. Any subsequent license issued to the same applicant for that racetrack expires after one year.
562.05(3wt)(3wt)In the first license issued to each applicant under sub. (1) (a) for each racetrack, the department shall specify a date by which each of the types of racing authorized under the license shall begin at that racetrack. Upon request of the licensee, the department may change a specified date to an earlier or later date pursuant to rules of the department.
562.05(4)(4)Any application for a license to sponsor and manage a race shall be accompanied by a bond, in an amount determined by the department, which shall be sufficient to guarantee the payment of fees, taxes and other money due, including animal owners’ purses and payouts on winning wagers.
562.05(4m)(4m)Except as provided in sub. (4), the department may issue a license under sub. (1) (b) if the department determines that all of the following conditions are met:
562.05(4m)(a)(a) The license will not adversely affect the public health, welfare and safety.
562.05(4m)(b)(b) The applicant will conduct races in accordance with applicable laws.
562.05(4m)(c)(c) The license will not create competition that will adversely affect any other licensee under sub. (1) (a) or (b).
562.05(5)(5)
562.05(5)(a)(a) No license may be issued under sub. (1) to any person to whom any of the following applies:
562.05(5)(a)1.1. The person is in default on any payment required under this chapter or under any rule promulgated under this chapter or under any law of any other state related to pari-mutuel wagering or racing.
562.05(5)(a)2.2. The person has been convicted of a felony within 20 years preceding the date of application in a state or federal court for which he or she has not been pardoned and restored to full civil rights or has been charged with the violation of a state or federal law which is a felony if that charge has not been dismissed or settled in any other way.
562.05(5)(a)3.3. The person is or has been connected with or engaged in any business which is prohibited under the laws of this or another state or of the United States.
562.05(5)(a)4.4. The person has been convicted of fraud or misrepresentation in connection with racing or animal breeding.
562.05(5)(a)5.5. The person has been convicted of a violation of any law of this or another state or of the United States related to racing, pari-mutuel wagering or of any other form of gambling which is a serious violation, as defined by the department by rule.
562.05(5)(a)6.6. The person has knowingly violated a rule or order of the department relating to pari-mutuel racing or any provision of this chapter or of ch. 27, 182 or 945.
562.05(5)(a)7.7. The person has been convicted of a violation of any law of this or another state or of the United States related to the humane treatment of animals, including any rule promulgated under s. 562.02 (1) (b) or 562.105.
562.05(5)(a)8.8. The person has accepted public money to construct or operate a racetrack in Wisconsin. This subdivision does not apply to any racetrack operated in conjunction with a county fair.
562.05(5)(a)9.9. The person is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and relating to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857.
562.05(5)(a)10.10. The person is liable for delinquent taxes, as certified by the department of revenue under s. 73.0301. Any person for whom a license is not issued under this paragraph for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.
562.05(5)(a)11.11. The person is liable for delinquent unemployment insurance contributions, as certified by the department of workforce development under s. 108.227. Any person for whom a license is not issued under this paragraph for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and a hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
562.05(5)(b)(b)