Wisconsin Legislature: DWD 60.09(4)

1. When a co-manager position is announced, the announcement shall contain an existing or proposed managerial duty list. The duty list may not be revised while the position is vacant.

2. For a facility opened after June 1, 1994 the approved co-managers shall submit the managerial duty list to the department within 60 days after the opening date of the business. Department staff may, within 30 days after receiving the duty list, and with the advice of the committee, reject the duty list or require that it be revised. If a co-manager disagrees with the action of the department, he or she may file a grievance in accordance with s. DWD 60.05.

3. For a facility that is in operation on June 1, 1994 the approved co-managers shall submit the managerial duty list to the department within 60 days after June 1, 1994.

4. Co-managers of a business that has had a duty list previously approved by the department may revise the duty list, subject to approval of the department. The revised duty list shall reflect a new co-manager’s previous work experience and shall be further revised as his or her skill level progresses. The committee may participate in the approval process at the request of an affected operator or the department. Within 30 days after receiving a revised duty list, department staff may reject that list or require additional changes in it. If a co-manager disagrees with the action of the department, he or she may file a grievance under s. DWD 60.05. Pending a decision on the grievance, the original duty list shall remain in effect except for those items that are not in dispute.

(e) Equal responsibility and equal income sharing.

1. Co-managers shall be equally responsible for business operations and for complying with this chapter.

2. Co-managers shall equally share the income of the business unless they and the department agree on a different distribution or if the effect of equal sharing is to reduce the percentage or share of the income of the business received by a co-manager who was a co-manager on June 1, 1994.

History: Cr. Register, May, 1983, No. 329, eff. 6-1-83; am. (1) and (3), renum. (4) and (5) to be (5) and (6), cr. (4), Register, April, 1987, No. 376, eff. 5-1-87; cr. (7), Register, May, 1994, No. 461, eff. 6-1-94.

DWD 60.09 Setting up the business enterprise.

(1) Equipment.

(a) Department responsibility. The department shall provide each business enterprise with suitable equipment and shall arrange for all normal repair and replacement of this equipment except for an enterprise which has vendor owned equipment.

(b) Title to equipment.

1. ‘Department ownership.’ All rights, title to and interest in business enterprise equipment, other than equipment owned and maintained by vending machine companies or suppliers, is vested in the department unless the operator exercises the option to purchase the equipment as provided in subd. 2.

2. ‘Vendor ownership.’

a. All rights, title to and interest in business enterprise equipment may be vested in an operator, as authorized by s. 47.03 (4), Stats., and the Randolph-Sheppard Act, provided that the operator has competently operated the business enterprise under supervision of the department for one year, and if the organization responsible for the building in which the business enterprise is located grants permission. The vendor-owner shall remain under supervision of the department.

b. The business enterprise equipment shall be sold at a fair value based on the condition and serviceability of the equipment at the time of sale. Merchandise shall be sold at the original purchase price. Total payment shall be due to the department when the bill of sale is signed.

c. A bill of sale between the operator and the department shall contain the terms and conditions of the sale, in accordance with this chapter and the conditions of any permit or contract governing the premises on which the business enterprise is located. Upon completion of the sale the operator shall be responsible for maintaining, repairing, and replacing all business enterprise equipment, and the set-aside charge for these services is suspended. In the event the operator fails to meet all obligations to provide proper maintenance, repair and replacement of equipment, the department may elect to make the necessary repair or replacement and charge the vendor-owner for such repair or replacement.

d. The department retains a first option to repurchase within 90 days the equipment and stock in the event the vendor-owner dies, ceases to be a licensee, transfers to another business enterprise, or requests in writing purchase by the department. If the option to repurchase is not exercised, the department shall, if requested, provide a written statement to the vendor-owner giving the reasons for not exercising the option.

(c) Receipt of equipment. Equipment furnished to the operator or removed by the department from the operator shall be acknowledged by a receipt signed by the operator or his or her agent or by the department’s representative, as is appropriate.

(d) Care of equipment. Equipment furnished by the department shall be used only for the purpose stated in the operator’s agreement. The operator shall exercise reasonable care in the use and maintenance of that equipment in order to keep it in good condition.

(e) Change or addition of equipment. The operator shall not add to or change any piece of equipment without prior written approval of the department.

(2) Initial stock.

(a) Department responsibility.

1. The department shall provide each business enterprise with an adequate initial stock, including merchandise, supplies, and operating capital, as determined by the department to be adequate to begin operation. This level shall be adjusted annually by an index determined by current wholesale prices for such stock.

2. The department shall reimburse the operator if he or she leaves a particular location due to transfer, resignation or dismissal, for any usable and salable stocks and supplies above the current adjusted level. The operator shall reimburse the department if the closing inventory is less than the current adjusted level. In the event of an operator’s death, the estate shall be reimbursed accordingly or the estate shall reimburse the department. The department shall determine the amount to be paid to or collected from an operator or an operator’s estate within 60 calendar days after completion of the closing inventory. Payment or collection shall occur within 30 days after determination of the amount to be paid or collected.

(b) Operator responsibility.

1. The operator shall acknowledge initial stock furnished by the department by signing a receipt to that effect.

2. The operator shall maintain a stock level and amount of operating capital adequate to conduct the business enterprise efficiently and effectively, as determined by the department.

(3) Bonding. All operators except vendor-owners shall be bonded and shall be assessed an annual bonding charge by the department.

(4) Income from vending machines.

(a) Income from vending machines on state or other property within reasonable proximity to and in direct competition with a business enterprise shall be assigned to the operator of such business enterprise. A vending machine is in reasonable proximity to and in direct competition with a business enterprise if it vends articles of a type authorized in the permit and is so located that it attracts customers who would otherwise patronize the business enterprise.

(b) Income from vending machines not within reasonable proximity to or in direct competition with a business enterprise may be used for management services for the business enterprise program.

(c) In all cases, income from vending machines shall be distributed as provided under the Randolph-Sheppard Act and 34 CFR 395.8.

(5) Insurance.

(a) Every business enterprise shall have adequate liability and fire insurance at levels established by the state of Wisconsin office of risk management.

(b) If the department obtains the necessary insurance coverage, the operator shall reimburse the department.

(c) Unless otherwise agreed, the first premium for insurance coverage for each new business enterprise shall be paid by the department as a part of the initial installation costs.

(6) Licenses and permits.

(a) Each business enterprise shall have all licenses and permits required by law for the conduct of the business enterprise.

(b) If the department obtains the required licenses and permits, the operator shall reimburse the department for them.

History: Cr. Register, May, 1983, No. 329, eff. 6-1-83; correction in (1) (b) 2. a. made under s. 13.93 (2m) (b) 7., Stats.

DWD 60.10 Operating the business enterprise.

(1) Operator behavior.

(a) General. The operator shall:

1. Perform faithfully and to the best of his or her ability all duties necessary to the proper conduct and operation of the business enterprise;

2. Operate the business in compliance with all applicable provisions of federal, state, and local law;

3. Operate the business in accordance with this chapter and the permit or contract with the controlling body or organization of the building or property in which the business is located; and

4. Cooperate with duly authorized representatives of the department in the performance of their official responsibilities.

(b) Prohibited behavior by operator and employes. The operator or any employe of the operator, while engaged in the pursuit of duties and responsibilities as operator on the premises where the business enterprise is located or elsewhere, shall refrain from any action or conduct which may bring or reflect discredit to the business enterprise operation, to the owner or manager of the premises where the business enterprise is located or to the department’s business enterprise program. Such prohibited action or conduct shall include, but shall not be limited to, the following:

1. Use of alcoholic beverages, controlled substances as defined in ch. 961, Stats., or other drugs unless prescribed by a physician for the user;

2. The presence or possession of alcoholic beverages, except as these relate to the business, on the premises where the business enterprise is located;

3. Conduct offensive under current community standards;

4. The use of language blatantly offensive to a reasonable person;

5. Embezzlement;

6. The making of false reports; or

7. The commission of a felony or a misdemeanor.

(c) Prohibited absences. Except as otherwise provided in this chapter, absentee management, supervision and operation of the business enterprise and the realization of its net proceeds by the operator in absentia for other than brief, non-routine periods is prohibited.

(d) Relief periods. The operator may establish a schedule of relief periods for employes during business hours, subject to the approval of the department.

(e) Vacations. The operator may take a maximum of 30 working days vacation each calendar year after notifying the department of the name, address, and telephone number of the relief operator.

(f) Illness. Necessary absence of the operator due to personal illness is allowable if the absence does not exceed one period of 30 consecutive working days in any calendar year, or 2 or more periods totaling not more than 45 working days in any calendar year. The department may extend the allowable period of absence where special circumstances exist.

(2) Employment practices.

(a) Operator responsibility. The operator shall:

1. Employ and compensate such employes as are necessary to the effective and efficient operation of the business enterprise;

2. Employ and compensate a relief operator to insure continuous operation of the business enterprise during an absence of the licensed operator;

3. Comply with all applicable labor and civil rights laws;

4. Limit the persons employed to preclude unnecessarily excessive costs;

5. Terminate the employment of any person whose continued employment is detrimental to the business enterprise;

6. Keep and preserve legally required detailed records of payroll and payroll deductions; and

7. Observe the following order of preference in hiring qualified persons:

a. Severely disabled applicants.

b. Non-severely disabled applicants.

c. Non-disabled applicants.

(b) Department responsibility. The department shall:

1. Assist each operator in identifying qualified disabled persons to be considered for employment; and

2. Notify the operator of any situation arising from the operator’s employment practices which is detrimental to the operation and requires prompt and immediate correction.

(3) Cash basis and credit.

(a) The operator shall transact all business on a 30 calendar day cash basis and shall pay all obligations promptly when due.

(b) The operator shall pay and discharge any obligations within 30 days after written notice from the department that:

1. The operator is delinquent in the payment of any business accounts; or

2. The department has received a complaint concerning monies due a business creditor of the operator, or has been asked to provide assistance in the collection of these monies.

(4) Merchandise. Only merchandise of a class or type authorized by the permit or contract shall be sold by the operator or the operator’s employes.

(5) Display of license. The operator shall at all times conspicuously display at the business enterprise location the license issued by the department and shall neither cause nor permit the license to be covered or removed.

(6) Records and reports.

(a) Operator responsibility. The operator shall:

1. Establish and maintain a business checking account in a depository commercial bank chartered to do business in the state of Wisconsin, deposit all business receipts and revenues therein, and insure that business and personal funds shall not become mingled in the account;

2. Keep and preserve a full and complete record of all receipts and disbursements required by internal revenue service guidelines;

3. Prepare and submit to the department, on or before the 5th working day of each month, a sales report for the previous month along with all bills paid that month;

4. Make available to the department during regular business hours all records and books of account for the purpose of review or audit; and

5. Provide or report to the department in the form prescribed information about the business enterprise required by this chapter or otherwise requested by the department.