Header:
WISCONSIN ADMINISTRATIVE CODE
DIVISION OF GAMING
CHAPTER GAME 5. LICENSURE
Date:
08/31/2009
Document:
Game 5.15 Delay in completion of race track facility.
Failure of a licensee under s. 562.05 (1) (a), Stats., to begin the types of racing authorized under the license as specified by the commission under s. 562.05 (3wt), Stats., shall be cause for the license to be void as provided in s. 562.05 (3wt), Stats. The commission may re-specify a later date for the commencement of the types of racing authorized and determine that the license shall not be void if the licensee proves that any delay arose out of causes beyond the control and without the fault of negligence of the licensee, its contractors and subcontractors. Such causes may include, but are not restricted to, acts of God or enemies of the United States, acts of government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the delay shall be beyond the control and without fault or negligence of the licensee, its contractors and subcontractors. If the cause of delay is the default of a contractor or subcontractor and if the licensee proves to the satisfaction of the commission that the default arose out of causes beyond the control of the licensee, its contractors and subcontractors, the license shall not be void unless the supplies or services to be furnished by the contractor or subcontractor were obtainable from other sources in sufficient time to permit the licensee to meet the completion date.
|