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Register October 2004 No. 586
Chapter ATCP 97
ATCP 97.01   Definitions.
ATCP 97.02   Classification of public warehouses.
ATCP 97.04   License requirement; application and fees.
ATCP 97.06   License suspension or revocation.
ATCP 97.08   Security.
ATCP 97.10   Warehouse facilities and operations.
ATCP 97.12   Disclosure requirements; receipts.
ATCP 97.14   Records.
ATCP 97.16   Inspection.
Ch. ATCP 97 Note Note: This chapter is adopted under authority of ss. 99.02 (3) (a) and 99.08, Stats. A person who violates this chapter, or any order issued under this chapter, is subject to penalties provided under s. 99.07, Stats.
ATCP 97.01 ATCP 97.01Definitions. As used in this chapter:
ATCP 97.01(1) (1) “Damage by water" includes those water-related damages normally covered under a fire and extended coverage insurance policy. “Damage by water" does not include flood damage.
ATCP 97.01(2) (2) “Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
ATCP 97.01(3) (3) “Floor space" means the area, expressed in square feet, that is available for the storage of property in a warehouse.
ATCP 97.01(4) (4) “Food" means all of the following:
ATCP 97.01(4)(a) (a) Articles used for food or drink by persons.
ATCP 97.01(4)(b) (b) Chewing gum.
ATCP 97.01(4)(c) (c) Articles used for components of matters specified in pars. (a) and (b).
ATCP 97.01(5) (5) “Person" means a natural person, corporation, partnership, limited liability company, cooperative, trust, or any other business association or entity.
ATCP 97.01(6) (6) “Property" has the meaning specified under s. 99.01 (2), Stats.
ATCP 97.01(7) (7) “Public warehouse" means a warehouse which a public warehouse keeper operates to store the property of other persons for hire. “Public warehouse" includes a food warehouse, as defined in s. 97.27 (1) (b), Stats., if a public warehouse keeper operates that food warehouse to store the property of other persons for hire. “Public warehouse" does not include a frozen food locker plant as defined in s. 97.27 (1) (c), Stats.
ATCP 97.01(8) (8) “Public warehouse keeper" means a person who operates a warehouse and who stores for hire, in that warehouse, the property of other persons.
ATCP 97.01(9) (9) “Secretary" means the secretary of the department or the secretary's designee.
ATCP 97.01(10) (10) “Store for hire" means to accept and maintain custody of the property of another person in return for consideration. “Store for hire" does not include the rental of designated storage space to a renter who has access to that space during normal business hours and who is responsible for the safekeeping of property stored in that space.
ATCP 97.01 Note Note: The rental of designated storage space to a person who has access to that space, and who is responsible for storing his or her own property in that space, may be subject to regulation under s. 704.90, Stats.
ATCP 97.01(11) (11) “Warehouse" means any building, room, structure or facility used to store property. “Warehouse" includes an open- air facility, such as a fenced enclosure or a restricted-access boat docking facility, which is used to store property.
ATCP 97.01 History History: Cr. Register, June, 1994, No. 462, eff. 7-1-94.
ATCP 97.02 ATCP 97.02Classification of public warehouses. For purposes of this chapter, a public warehouse is classified according to the amount of floor space in that warehouse as follows:
ATCP 97.02(1) (1) Class 1: less than 10,000 square feet.
ATCP 97.02(2) (2) Class 2: at least 10,000 square feet but less than 50,000 square feet.
ATCP 97.02(3) (3) Class 3: at least 50,000 square feet but less than 100,000 square feet.
ATCP 97.02(4) (4) Class 4: at least 100,000 square feet but less than 150,000 square feet.
ATCP 97.02(5) (5) Class 5: at least 150,000 square feet.
ATCP 97.02 History History: Cr. Register, June, 1994, No. 462, eff. 7-1-94.
ATCP 97.04 ATCP 97.04License requirement; application and fees.
ATCP 97.04(1)(1) License required. Except as provided under sub. (2), no person may operate as a public warehouse keeper unless that person holds an annual license from the department under this section. A license expires on June 30 annually and is not transferable. No license may be issued under this section for part of a year for less than the full annual fee specified under sub. (4).
ATCP 97.04(2) (2)License not required. No license is required under sub. (1) for any of the following:
ATCP 97.04(2)(a) (a) A municipal corporation.
ATCP 97.04(2)(b) (b) A person operating a warehouse storing only grain, as defined under s. 126.01 (13), Stats.
ATCP 97.04(2)(c) (c) A cooperative association storing farm products and merchandise only for its members.
ATCP 97.04(2)(d) (d) A person who owns and operates a warehouse only to store dairy products or canned fruits or vegetables manufactured by that person.
ATCP 97.04(2)(e) (e) A common carrier engaged solely in the transit and storage of property for periods not exceeding 30 days.
ATCP 97.04(2)(f) (f) A person operating a warehouse pursuant to a license issued under the federal bonded warehouse act, 7 USC 241 et seq.
ATCP 97.04(3) (3)Application. An applicant for an annual license under sub. (1) shall submit an application in writing on a form provided by the department. The application shall include all of the following:
ATCP 97.04(3)(a) (a) The applicant's correct legal name and any trade name used by the applicant. If the applicant is a corporation or cooperative, the application shall identify each officer of the corporation or cooperative. If the applicant is a partnership, the application shall identify each partner.
ATCP 97.04(3)(b) (b) The street address at which the applicant will accept mail deliveries, and the name of a responsible person who may be contacted at that address.
ATCP 97.04(3)(c) (c) The location, size, character and equipment of the building or premises which the applicant will operate as a public warehouse.
ATCP 97.04(3)(d) (d) The kind of property to be stored at the public warehouse.
ATCP 97.04(3)(e) (e) The fees required under sub. (4).
ATCP 97.04(3)(f) (f) Any reinspection fees that are due and payable by the applicant under sub. (5) but not yet paid.
ATCP 97.04(3)(g) (g) If the applicant is applying for an initial license, the security required under s. ATCP 97.08.
ATCP 97.04(3)(h) (h) Any information required by the department to show that the warehouse facilities are adequate and that the applicant is qualified as a public warehouse keeper.
ATCP 97.04(4) (4)License fees.
ATCP 97.04(4)(a)(a) An applicant under sub. (3) shall pay an annual license fee as follows:
ATCP 97.04(4)(a)1. 1. For a Class 1 public warehouse, $ 90.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.