Chapter DWD 60

DWD 60.10 DWD 60.10 Operating the business enterprise.

DWD 60.10(1) (1) Operator behavior.

DWD 60.10(1)(a) (a) General. The operator shall:

DWD 60.10(1)(a)1. 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;

DWD 60.10(1)(a)2. 2. Operate the business in compliance with all applicable provisions of federal, state, and local law;

DWD 60.10(1)(a)3. 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

DWD 60.10(1)(a)4. 4. Cooperate with duly authorized representatives of the department in the performance of their official responsibilities.

DWD 60.10(1)(b) (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:

DWD 60.10(1)(b)1. 1. Use of alcoholic beverages, controlled substances as defined in ch. 961, Stats., or other drugs unless prescribed by a physician for the user;

DWD 60.10(1)(b)2. 2. The presence or possession of alcoholic beverages, except as these relate to the business, on the premises where the business enterprise is located;

DWD 60.10(1)(b)3. 3. Conduct offensive under current community standards;

DWD 60.10(1)(b)4. 4. The use of language blatantly offensive to a reasonable person;

DWD 60.10(1)(b)5. 5. Embezzlement;

DWD 60.10(1)(b)6. 6. The making of false reports; or

DWD 60.10(1)(b)7. 7. The commission of a felony or a misdemeanor.

DWD 60.10(1)(c) (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.

DWD 60.10(1)(d) (d) Relief periods. The operator may establish a schedule of relief periods for employes during business hours, subject to the approval of the department.

DWD 60.10(1)(e) (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.

DWD 60.10(1)(f) (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.

DWD 60.10(2) (2) Employment practices.

DWD 60.10(2)(a) (a) Operator responsibility. The operator shall:

DWD 60.10(2)(a)1. 1. Employ and compensate such employes as are necessary to the effective and efficient operation of the business enterprise;

DWD 60.10(2)(a)2. 2. Employ and compensate a relief operator to insure continuous operation of the business enterprise during an absence of the licensed operator;

DWD 60.10(2)(a)3. 3. Comply with all applicable labor and civil rights laws;

DWD 60.10(2)(a)4. 4. Limit the persons employed to preclude unnecessarily excessive costs;

DWD 60.10(2)(a)5. 5. Terminate the employment of any person whose continued employment is detrimental to the business enterprise;

DWD 60.10(2)(a)6. 6. Keep and preserve legally required detailed records of payroll and payroll deductions; and

DWD 60.10(2)(a)7. 7. Observe the following order of preference in hiring qualified persons:

DWD 60.10(2)(a)7.a. a. Severely disabled applicants.

DWD 60.10(2)(a)7.b. b. Non-severely disabled applicants.

DWD 60.10(2)(a)7.c. c. Non-disabled applicants.

DWD 60.10(2)(b) (b) Department responsibility. The department shall:

DWD 60.10(2)(b)1. 1. Assist each operator in identifying qualified disabled persons to be considered for employment; and

DWD 60.10(2)(b)2. 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.

DWD 60.10(3) (3) Cash basis and credit.

DWD 60.10(3)(a) (a) The operator shall transact all business on a 30 calendar day cash basis and shall pay all obligations promptly when due.

DWD 60.10(3)(b) (b) The operator shall pay and discharge any obligations within 30 days after written notice from the department that:

DWD 60.10(3)(b)1. 1. The operator is delinquent in the payment of any business accounts; or

DWD 60.10(3)(b)2. 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.

DWD 60.10(4) (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.

DWD 60.10(5) (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.

DWD 60.10(6) (6) Records and reports.

DWD 60.10(6)(a) (a) Operator responsibility. The operator shall:

DWD 60.10(6)(a)1. 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;

DWD 60.10(6)(a)2. 2. Keep and preserve a full and complete record of all receipts and disbursements required by internal revenue service guidelines;

DWD 60.10(6)(a)3. 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;

DWD 60.10(6)(a)4. 4. Make available to the department during regular business hours all records and books of account for the purpose of review or audit; and

DWD 60.10(6)(a)5. 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.

DWD 60.10(6)(b) (b) Department responsibility. The department shall assist the operator in the establishment of proper books of account and record-keeping procedures.

DWD 60.10(7) (7) Payment of fees. The operator shall, within 30 days from the date of invoice, send all fees to the department which are owed to the department for the preceding month. Fees may be paid by check or money order made payable to the department’s business enterprise program and sent to the address on the invoice.

DWD 60.10(8) (8) Penalty for late report or fees.

DWD 60.10(8)(a) (a) All reports required pursuant to sub. (6) (a) received after the due date shall be assessed a late penalty charge as determined annually by the department in consultation with the committee.

DWD 60.10(8)(b) (b) All fees required pursuant to s. DWD 60.11 received after the due date shall be assessed an interest charge of 1% per month (12% per annum) of the unpaid balance.

DWD 60.10(8)(c) (c) If the reports or fees are late due to reasons beyond the operator’s control, the penalty may be waived by the department upon receipt of the set-aside fees or fully completed reports accompanied by a statement justifying the lateness.

DWD 60.10(9) (9) State sales tax.

DWD 60.10(9)(a) (a) Every operator shall obtain a Wisconsin seller’s permit in the operator’s name.

DWD 60.10(9)(b) (b) If the department obtains the seller’s permit, the operator shall reimburse the department for the permit.

DWD 60.10(9)(c) (c) The operator shall pay in full within prescribed time limits all state sales tax due and shall comply with the provisions of ss. 77.51 and 77.52, Stats.

DWD 60.10 History History: Cr. Register, May, 1983, No. 329, eff. 6-1-83.

DWD 60.11 DWD 60.11 Set-aside funds.

DWD 60.11(1) (1) Requirement. The department shall collect, maintain and administer funds from the net proceeds of the operation of each business enterprise, including vendor-owned enterprises, in accordance with provisions of this section.

DWD 60.11(2) (2) Amount.

DWD 60.11(2)(a) (a) Funds that the department requires be set aside shall be computed on the basis of a percentage of the individual operator’s net proceeds for a given month. The department may each year reconsider and change that percentage to ensure that set-aside funds are sufficient for the uses made of these funds. Set-aside charges for vendor-owned enterprises shall be at a reduced rate to reflect vendor-owner responsibility for maintenance, repair and replacement of all business enterprise equipment.

DWD 60.11(2)(b) (b) The department shall bill operators each month for the set-aside charge.

DWD 60.11(3) (3) Accounting. Set-aside funds maintained by the department shall be accounted for in accordance with generally accepted principles of fund accounting.

DWD 60.11(4) (4) Uses. Set-aside funds may be expended only for the following purposes:

DWD 60.11(4)(a) (a) To maintain and replace equipment;

DWD 60.11(4)(b) (b) To purchase new equipment;

DWD 60.11(4)(c) (c) To pay for management services;

DWD 60.11(4)(d) (d) To assure a fair minimum return to operators; and

DWD 60.11(4)(e) (e) To establish and maintain retirement or pension funds, health insurance contributions and provisions for paid sick leave and vacation time.

DWD 60.11 History History: Cr. Register, May, 1983, No. 329, eff. 6-1-83.

DWD 60.12 DWD 60.12 Corrective action.

DWD 60.12(1) (1) Conduct or performance shortcomings. If the operator fails to conduct the business enterprise in compliance with the operator’s agreement or to maintain reasonable performance levels as demonstrated by comparison with prior periods of operation in the same location or other business enterprises of a similar type, the department shall review the evidence with the committee and solicit the committee’s recommendations for corrective action.

DWD 60.12(2) (2) Corrective action alternatives. Corrective action alternatives available to the department include but are not limited to :

DWD 60.12(2)(a) (a) Specific or additional management and supervision services;

DWD 60.12(2)(b) (b) Suspension of the license for a period not to exceed 30 days;

DWD 60.12(2)(c) (c) Demotion of the operator to a less-demanding business enterprise; and

DWD 60.12(2)(d) (d) Termination of the license.

DWD 60.12(3) (3) Notice.

DWD 60.12(3)(a) (a) Exchange as provided in par. (b), no suspension, demotion or termination shall be made until the department gives notice to the operator, by registered or certified mail, with return receipt requested, of facts or conduct which warrant the intended action, and the operator has been given an opportunity to show compliance with all lawful requirements for the retention of the license.

DWD 60.12(3)(b) (b) The department may immediately suspend an operator’s license, followed by notice and the opportunity to contest the action, if in the judgment of the department there is a substantial probability that the behavior of the operator will result in harm to the health, safety or welfare of other persons.

DWD 60.12(4) (4) Grounds for suspension. An operator’s license may be suspended for a period not to exceed 30 calendar days, except in cases of extended illness or incapacity, on one or more of the following grounds:

DWD 60.12(4)(a) (a) Failure to operate the business enterprise in compliance with the operator’s agreement;

DWD 60.12(4)(b) (b) Failure to maintain acceptable performance levels after being provided the opportunity for additional training; or

DWD 60.12(4)(c) (c) Refusal to accept needed training without cause.

DWD 60.12(5) (5) Grounds for demotion. An operator may be demoted to a lesser-demanding business enterprise on one or both of the following grounds:

DWD 60.12(5)(a) (a) Recurring noncompliance with terms of the operator’s agreement; or

DWD 60.12(5)(b) (b) Repeated failure to maintain acceptable levels of performance in operation of the business enterprise.