Ch. ATCP 97 NoteNote: 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 97.01ATCP 97.01 Definitions. 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(5)(5) “Person” means a natural person, corporation, partnership, limited liability company, cooperative, trust, or any other business association or entity. 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 NoteNote: 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 HistoryHistory: Cr. Register, June, 1994, No. 462, eff. 7-1-94. ATCP 97.02ATCP 97.02 Classification 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(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 HistoryHistory: Cr. Register, June, 1994, No. 462, eff. 7-1-94. ATCP 97.04ATCP 97.04 License 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)(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)(f)(f) Any reinspection fees that are due and payable by the applicant under sub. (5) but not yet paid. 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)(b)(b) A public warehouse keeper who applies to renew an annual license after that license has expired shall pay, in addition to the annual license fee under par. (a), a surcharge of 20% of that license fee. ATCP 97.04 NoteNote: The 20% surcharge for late license renewal applications is required by s. 93.21 (5), Stats. Payment of the surcharge does not relieve the public warehouse keeper from any other civil or criminal liability that may result from the unlicensed operation of a public warehouse. If more than one year has elapsed since an applicant’s license expired, the applicant’s license application is not considered a renewal application for purposes of s. 93.21 (5), Stats. ATCP 97.04(5)(a)(a) If the department reinspects a public warehouse because the department has, upon prior inspection, found a violation of this chapter, ch. 97 or 99, Stats., or any other state or federal law administered by the department, the department shall charge the public warehouse keeper a reinspection fee as follows: ATCP 97.04(5)(b)(b) A reinspection fee under par. (a) is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application to the public warehouse keeper under sub. (3), or at any other time after the reinspection fee becomes payable. ATCP 97.04(6)(6) Action granting or denying application. The department shall grant or deny an application under sub. (3) within 40 days after the department receives a complete application. The department may deny a license application for cause pursuant to s. 93.06 (7), Stats. Cause may include any violation of this chapter. ATCP 97.06ATCP 97.06 License suspension or revocation. ATCP 97.06(1)(1) General. The secretary may suspend, revoke or impose conditions on a public warehouse keeper’s license for cause pursuant to s. 93.06 (7) and (8), Stats. Cause may include any violation of this chapter. ATCP 97.06 NoteNote: See ch. ATCP 1 for procedure in suspension or revocation proceedings. ATCP 97.06(2)(a)(a) The secretary may issue a summary order suspending a public warehouse keeper’s license without prior notice or hearing if the secretary determines that any of the following conditions exists: ATCP 97.06(2)(a)3.3. The security filed by the public warehouse keeper has been canceled without adequate prior notice to the department under s. ATCP 97.08. ATCP 97.06(2)(a)4.4. The public warehouse keeper has failed to file satisfactory security to replace a canceled surety bond before the effective date of the cancellation. ATCP 97.06(2)(a)5.5. The public warehouse keeper has failed to file satisfactory security to replace an expiring letter of credit at least 31 days before that letter of credit expires. ATCP 97.06(2)(a)6.6. The public warehouse keeper has failed to file satisfactory security to replace a canceled or expired insurance policy before the effective date of the cancellation or expiration. ATCP 97.06(2)(a)7.7. There is an imminent threat of substantial harm to stored property because the public warehouse keeper’s warehouse is unsuitable for storing that type of property, or because the public warehouse keeper is not adequately protecting stored property from loss or damage. ATCP 97.06(2)(b)(b) A summary order under this par. (a) shall set forth the specific basis for the order. ATCP 97.06 NoteNote: A person adversely affected by a summary suspension is entitled to a prompt informal hearing and a full evidentiary hearing upon request, as provided under s. ATCP 1.03 (3). ATCP 97.06 HistoryHistory: Cr. Register, June, 1994, No. 462, eff. 7-1-94. ATCP 97.08(1)(1) Requirement. Every public warehouse keeper shall maintain on file with the department security that complies with this section. ATCP 97.08(2)(2) Form of security. Security filed with the department under this section is subject to approval by the department. Security shall be in one or more of the following forms: ATCP 97.08(2)(a)(a) Continuous surety bond. A continuous surety bond that is all of the following: ATCP 97.08(2)(a)1.1. Made payable to the department for the benefit of owners of stored property or their assignees. ATCP 97.08(2)(a)2.2. Endorsed by a surety company authorized to do business in this state. ATCP 97.08(2)(a)3.3. In a form approved by the department containing all of the terms and conditions required by the department. ATCP 97.08(2)(a)4.4. Continuing, and subject to cancellation by the surety company only upon 30 days written notice to the department served in person or by certified mail. ATCP 97.08(2)(b)(b) Personal surety bond supported by other security. Personal surety bonds or other third party guarantees that are supported by one of the following forms of security held by the department under subs. (4) and (6):
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