Chapter ATCP 102

ATCP 102.12(2) (2) Furnish, sell, give, lend or rent any equipment, after the effective date of this chapter, for the refrigerated or heated storage or display, or mechanical dispensing of soda water beverages to a retailer, but this shall not prevent:

ATCP 102.12(2)(a) (a) The sale or rental of such equipment to a retailer under a written agreement describing the equipment sold or rented, and specifying the price and other terms and conditions under which it is to be sold or rented. Copies of agreements shall be kept on file by the wholesaler for at least 3 years after final payment has been received. No agreement for the sale or rental of equipment other than agreements for the rental of coin-operated vending machines shall contain any provision that prohibits the use of the equipment for the storage, display, or dispensing of the products of competing wholesalers or reserves any part of the available capacity of the equipment for the products of the wholesaler selling or renting the equipment.

ATCP 102.12(2)(a)1. 1. Terms for the sale of equipment shall provide that the wholesaler shall recover at least the wholesaler’s cost for the equipment, including all costs for transportation and installation of the equipment, either by advance payment in full or by equal monthly installment payments over a period not to exceed 5 years.

ATCP 102.12(2)(a)2. 2. Terms for the rental of equipment, other than coin-operated vending machines, shall provide that minimum monthly rental charges shall be no less than one-sixtieth (1/60) of the total cost to the wholesaler, including all costs for transportation and installation of the equipment. Rentals may be charged in equal periodic installments or on a volume basis, and shall be collected at least once each year in an amount sufficient to recover all such costs within a period of 60 months.

ATCP 102.12(2)(a)3. 3. Terms for the rental of coin-operated vending machines shall provide that the minimum monthly rental charge shall be no less than one ninety-sixth (1/96) of the total cost to the wholesaler, including all costs for transportation and installation. Rentals may be charged in equal periodic installments or on a volume basis, and shall be collected at least once each year in an amount sufficient to recover all such costs within a period of 96 months.

ATCP 102.12(2)(a)4. 4. Cost of equipment which has been returned or repossessed or on which rental contracts are renewed shall be based on fair market value of the equipment, whether or not cost was recovered in whole or in part under a previous sale or rental agreement.

ATCP 102.12(2)(b) (b) The furnishing of equipment to a retailer, for the storage, transportation or display of soda water beverages for not more than a total of 20 days in a calendar year for use at fairs, exhibitions, expositions or other events for agricultural, industrial, charitable, educational, religious or recreational purposes.

ATCP 102.12(3) (3) Discriminate, directly or indirectly, between customers in furnishing of advertising, promotional or other services or facilities to them, or in compensating customers for services or facilities to be rendered or furnished by or through them in connection with the sale or distribution of soda water beverages, under terms or conditions not available to all customers on proportionally equal terms, where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly, or otherwise injure, destroy or prevent competition between wholesalers of soda water beverages or any of their customers. This does not apply to the furnishing of equipment under sub. (2) (b).

ATCP 102.12 History History: Cr. Register, February, 1977, No. 254, eff. 3-1-77; am. (2) (a) and (3), r. (2) (c), Register, August, 1979, No. 284, eff. 9-1-79; renum. from ATCP 107.02, Register, February, 1996, No. 482, eff. 3-1-96.

ATCP 102.13 ATCP 102.13 Prohibited acts of retailers. No retailer or any officer, director, employee or agent thereof shall solicit or receive, directly or indirectly, from or through a wholesaler, broker, or another retailer, anything which is prohibited by s. ATCP 102.12, where it is known, or in the exercise of reasonable prudence should be known that it is prohibited.

ATCP 102.13 History History: Cr. Register, February, 1977, No. 254, eff. 3-1-77; renum. from ATCP 107.03 and am,. Register, February, 1996, No. 482, eff. 3-1-96.

ATCP 102.14 ATCP 102.14 Prohibited acts of brokers.

ATCP 102.14(1) (1) No broker, or any officer or agent thereof, shall participate, directly or indirectly, in any trade practice prohibited by s. ATCP 102.12.

ATCP 102.14(2) (2) No wholesaler shall engage or offer to engage in any trade practice prohibited by s. ATCP 102.12, directly or indirectly, through a broker.

ATCP 102.14 History History: Cr. Register, February, 1977, No. 254, eff. 3-1-77; renum. from ATCP 107.04 and am. (1) and (2), Register, February, 1996, No. 482, eff. 3-1-96.

ATCP 102.15 ATCP 102.15 Exceptions.

ATCP 102.15(1) (1) Nothing in s. ATCP 102.12 (1) and (3) shall apply to the sale or offering for sale of soda water beverages:

ATCP 102.15(1)(a) (a) At a price different from that charged other customers, if such price differential merely allows for differences in the cost of manufacture, sale or delivery resulting from the differing methods or quantities in which such soda water beverages are sold or delivered, or if made in good faith to meet an equally low price of a competitor, or the terms or conditions under which they are sold by a competitor.

ATCP 102.15(1)(b) (b) With differences in services or facilities under s. ATCP 102.12 (3), if made in good faith to meet services or facilities, or any compensation therefor, furnished by a competitor.

ATCP 102.15(1)(c) (c) Which are imperfect, damaged, subject to immediate loss because of obsolescence or perishability, or discontinuance from sale.

ATCP 102.15(1)(d) (d) In the final liquidation of a soda water beverage business.

ATCP 102.15(1)(e) (e) To customers other than retailers or wholesalers as defined in s. ATCP 102.12 (2) or (3).

ATCP 102.15(1)(f) (f) Under the order or direction of any court.

ATCP 102.15(2) (2) Equipment furnished, sold, given, lent, or rented prior to the effective date of this chapter shall, within 18 months after the effective date of this chapter, be either removed from the retailer’s premises or brought into compliance with the requirements of s. ATCP 102.12 (2) and (3).

ATCP 102.15 History History: Cr. Register, February, 1977, No. 254, eff. 3-1-77; renum. from ATCP 107.05 and am. (1) (intro.), (b), (e) and (2), Register, February, 1996, No. 482, eff. 3-1-96.

ATCP 102.16 ATCP 102.16 Reporting requirements.

ATCP 102.16(1) (1) In any investigation under this chapter, any wholesaler shall on request of the department furnish to it price lists, accounting records and data used in determining cost, and such other information as requested concerning the terms or conditions of any agreement, transaction, or offer related to the sale of soda water beverages.

ATCP 102.16(2) (2) Cost data shall to the extent permitted by law be accorded confidentiality by the department and not opened to the public inspection without 10 days prior notice to the wholesaler concerned.

ATCP 102.16 History History: Cr. Register, February, 1977, No. 254, eff. 3-1-77; renum. from ATCP 107.06, Register, February, 1996, No. 482, eff. 3-1-96.

subch. III of ch. ATCP 102 Subchapter III — Motor Fuel

ATCP 102.21 ATCP 102.21 Definitions. In this subchapter:

ATCP 102.21(1) (1) “Retailer” has the meaning given in s. 100.30 (2) (e), Stats.

ATCP 102.21(3) (3) “Motor fuel” includes motor fuels and special fuels as defined in ch. 78, Stats.

ATCP 102.21(4) (4) “Person” means any individual, sole proprietorship, partnership, corporation or other business entity or any individual acting on behalf of any individual, sole proprietorship, partnership, corporation or other business entity.

ATCP 102.21(5) (5) “Sell at retail” has the meaning given in s. 100.30 (2) (h), Stats.

ATCP 102.21(6) (6) “Sell at wholesale” has the meaning given in s. 100.30 (2) (i), Stats.

ATCP 102.21(7) (7) “Supplier” means a person who manufactures motor fuels or who is a controlled subsidiary of one who manufactures motor fuels and is engaged in the business of selling motor fuels to wholesalers, retailers or consumers.

ATCP 102.21(8) (8) “Wholesaler of motor fuel” has the meaning given in s. 100.30 (2) (m), Stats.

ATCP 102.21 History History: Cr. Register, May, 1972, No. 197, eff. 9-1-72; renum. from ATCP 108.01 and amend (intro.), Register, February, 1996, No. 482, eff. 3-1-96; r. and recr. (1), renum. (2) to be (7), cr. (5), (6) and (8), Register, May, 1999, No. 521, eff. 6-1-99.

ATCP 102.22 ATCP 102.22 Discrimination.

ATCP 102.22(1) (1) No supplier or wholesaler of motor fuel shall enter into any agreement or arrangement whereby directly or indirectly discrimination is made in the price at which said supplier or wholesaler sells motor fuel to wholesalers or retailers thereof, where the effect of such discrimination may be to substantially lessen competition or to tend to create a monopoly, or to injure, destroy or prevent competition with any person in the marketing of motor fuel in the community in which said supplier or wholesaler is thus selling at a lower price; provided, that it shall be a justification for such a discrimination in price if the difference, made by said supplier or wholesaler in the price to the wholesaler or retailer to whom said supplier or wholesaler sells at a lower figure, is merely commensurate with an actual difference in the quality or quantity of motor fuel sold to said wholesaler or retailer or in the transportation charges or other expenses of marketing involved in the sale to said wholesaler or retailer. Nothing herein contained shall prevent a seller from showing that the lower price was made in good faith to meet an equally low price of a competitor.

ATCP 102.22(2) (2) No person any part of whose business is the sale of motor fuel to wholesalers shall sell motor fuel for ultimate consumption or use at a price lower than that at which he or she sells to such wholesaler unless such lower price is justified as provided in sub. (1).

ATCP 102.22 History History: Cr. Register, May, 1972, No. 197, eff. 9-1-72; corrections made under s. 13.93 (2m) (b) 5., Stats., Register, April, 1993, No. 448; renum. from ATCP 108.02, Register, February, 1996, No. 482, eff. 3-1-96.

ATCP 102.23 ATCP 102.23 Coercion. No supplier or wholesaler shall threaten any of his or her customers with any price discrimination or use any form of coercion with the purpose or effect of changing or maintaining resale prices of such customer.

ATCP 102.23 History History: Cr. Register, May, 1972, No. 197, eff. 9-1-72; correction made under s. 13.93 (2m) (b) 5., Stats., Register, April, 1993, No. 448; renum. from ATCP 108.03, Register, February, 1996, No. 482, eff. 3-1-96.