218.05(12)(a)3.
3. Any fact or condition exists which, if it had existed at the time of the original application for such license, would have warranted the division in refusing the issuance of the license.
218.05(12)(am)
(am) The division shall restrict or suspend any license issued under this section if the licensee is an individual who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s.
59.53 (5) and related to paternity or child support proceedings or who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s.
49.857. A licensee whose license is restricted or suspended under this paragraph is entitled to a notice and hearing only as provided in a memorandum of understanding entered into under s.
49.857 and is not entitled to any other notice or hearing under this section.
218.05(12)(ar)
(ar) The division shall revoke a license under this section if the department of revenue certifies under s.
73.0301 that the licensee is liable for delinquent taxes. A licensee whose license is revoked under this paragraph for delinquent taxes is entitled to a notice under s.
73.0301 (2) (b) 1. b. and a hearing under s.
73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.
218.05(12)(at)
(at) The division shall revoke a license under this section if the department of workforce development certifies under s.
108.227 that the licensee is liable for delinquent unemployment insurance contributions. A licensee whose license is revoked under this paragraph for delinquent unemployment insurance contributions is entitled to a notice under s.
108.227 (2) (b) 1. b. and a hearing under s.
108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
218.05(12)(b)
(b) The division may revoke only the particular license with respect to which grounds for revocation may occur or exist, or if the division shall find that such grounds for revocation are of general application to all offices or to more than one office operated by such licensee, the division may revoke all of the licenses issued to such licensee or such number of licenses to which such grounds apply. A revocation under pars.
(am) to
(at) applies to all of the licenses issued to the licensee.
218.05(12)(c)
(c) A licensee may surrender any license by delivering to the division written notice that the licensee surrenders such license, but such surrender shall not affect such licensee's civil or criminal liability for acts committed prior to such surrender, or affect the licensee's bond, or entitle such licensee to a return of any part of the annual license fee.
218.05(12)(d)
(d) Every license issued hereunder shall remain in force until the same has been surrendered or revoked in accordance with this section, but the division may on the division's own motion issue new licenses to a licensee whose license or licenses shall have been revoked if no fact or condition then exists which clearly would have warranted the division in refusing originally the issuance of such license under this section.
218.05(12)(e)
(e) Except as provided under pars.
(am) to
(at), no license shall be revoked until the licensee has had notice of a hearing thereon and an opportunity to be heard. When any license is so revoked, the division shall within 20 days thereafter, prepare and keep on file with the division, a written order or decision of revocation which shall contain the division's findings with respect thereto and the reasons supporting the revocation and shall send by mail a copy thereof to the licensee at the address set forth in the license within 5 days after the filing with the division of such order, finding or decision.
218.05(14)
(14) Annual report; records; examination. 218.05(14)(a)(a) A licensee shall annually, on or before February 15, file a report with the division that shall be used only for the official purposes of the division giving relevant information that the division may reasonably require concerning, and for the purpose of examining, the business and operations during the preceding calendar year of each licensed place of business conducted by the licensee within this state. The report shall be made under oath and shall be in the form prescribed by the division.
218.05(14)(b)1.1. A licensee shall keep books, accounts and records to enable the division to determine if the licensee is complying with this section and with rules promulgated by and orders issued by the division.
218.05(14)(b)2.
2. A licensee shall keep within this state the books, accounts and records required by this paragraph at the licensee's place of business or a place readily accessible to the division.
218.05(14)(c)1.1. The division may investigate the business and examine the books, accounts and records of a licensee at any time. For that purpose, the division shall have free access to the offices and places of business and to the books, accounts and records of a licensee. The division may examine any person under oath or affirmation whose testimony the division requires relative to the licensee. An employee of the division may administer an oath or affirmation to a person called as a witness. An employee of the division may conduct the examination.
218.05(14)(c)2.
2. The division shall determine the cost of an examination. A licensee shall pay the cost of an examination within 30 days after the division demands payment.
218.05(15)
(15) Penalty. A person who violates this section may be fined not more than $2,000 or imprisoned for not more than 9 months or both.
RECREATIONAL VEHICLE DEALERS
218.10
218.10
Definitions. In this subchapter:
218.10(1b)
(1b) “Area of sales responsibility” means the geographical area agreed to by the dealer and the manufacturer or distributor in a dealer agreement within which the dealer has the exclusive right to display or sell the manufacturer's new recreational vehicles of a particular line-make.
218.10(1c)
(1c) “Camping trailer” means a vehicle with a collapsible or folding structure designed to provide temporary living quarters for recreational, camping, or travel use and to be towed upon a highway by a motor vehicle.
218.10(1d)
(1d) “Component manufacturer” means a person, firm, corporation, or business entity that engages in the manufacturing of components, accessories, or parts used in manufacturing recreational vehicles.
218.10(1g)
(1g) “Dealer", unless the context requires otherwise, means a person who, for a commission or other thing of value, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale or exchange of an interest in a recreational vehicle or who is engaged wholly or in part in the business of selling recreational vehicles, whether or not the recreational vehicles are owned by the person, but does not include:
218.10(1g)(a)
(a) A receiver, trustee, personal representative, guardian, or other person appointed by or acting under the judgment or order of any court.
218.10(1g)(b)
(b) Any public officer while performing that officer's official duty.
218.10(1g)(e)
(e) A person transferring a recreational vehicle registered in that person's name and used for that person's personal, family or household purposes, if the transfer is an occasional sale and is not part of the business of the transferor.
218.10(1i)
(1i) “Dealer agreement” means a written agreement or contract entered into by a dealer and a manufacturer or distributor that fixes the rights and responsibilities of the parties and pursuant to which the dealer sells new recreational vehicles.
218.10(1m)
(1m) “Department" means the department of transportation, unless the context requires otherwise.
218.10(1n)
(1n) “Distributor” means a resident or nonresident who, in whole or in part, sells or distributes new recreational vehicles to recreational vehicle dealers or who maintains distributor representatives.
218.10(1o)
(1o) “Factory campaign” means an effort on the part of a warrantor to contact recreational vehicle owners or dealers in order to address a part or equipment issue.
218.10(1p)
(1p) “Family member” means an individual's spouse or an individual's child, grandchild, parent, sibling, niece, or nephew or the spouse of any of these.
218.10(1q)
(1q) “Fifth-wheel recreational vehicle" means a recreational vehicle that is mounted on wheels, that is of a size and weight such that a special highway movement permit is not required, and that is designed to be towed by a motor vehicle utilizing a kingpin and 5th wheel coupling device mounted above or forward of the rear axle of the tow vehicle.
218.10(1t)
(1t) “Line-make” means a specific series of recreational vehicle products, the sale of which may be authorized by a dealer agreement, that satisfies all of the following:
218.10(1t)(a)
(a) Is targeted to a particular market segment, as determined by the decor, features, equipment, size, weight, and price range.
218.10(1t)(b)
(b) Has lengths and interior floor plans that distinguish the series of recreational vehicle products from other series with substantially the same decor, features, equipment, weight, and price.
218.10(1t)(c)
(c) Belongs to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body.
218.10(1x)
(1x) “Manufacturer" means any person within or without this state who manufactures or assembles recreational vehicles for sale in this state.
218.10(2)
(2) “Model” is a series of recreational vehicle products identified by a common series trade name or trademark that is a subset of a line-make.
218.10(7)
(7) “New recreational vehicle" means a recreational vehicle which has never been occupied, used or sold for personal or business use.
218.10(7m)
(7m) “Park model recreational vehicle” means a recreational vehicle that is all of the following:
218.10(7m)(a)
(a) Designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use.
218.10(7m)(b)
(b) Not permanently affixed to real property for use as a permanent dwelling.
218.10(7m)(c)
(c) Built on a single chassis mounted on wheels with a gross trailer area not exceeding 400 square feet in the setup mode.
218.10(7m)(d)
(d) Certified by the manufacturer as complying with the ANSI A119.5 Park Model Recreational Vehicle Standard.
218.10(7w)
(7w) “Proprietary part” means any part manufactured by or for and sold exclusively by the manufacturer.
218.10(8m)
(8m) “Recreational vehicle" means a vehicle that is designed to be towed upon a highway by a motor vehicle, that is equipped and used, or intended to be used, primarily for temporary or recreational human habitation, and that does not exceed 46 feet in length. “Recreational vehicle” includes a camping trailer, 5th-wheel recreational vehicle, park model recreational vehicle, and travel trailer.
Effective date note
NOTE: Sub. (8m) is shown as amended eff. 10-1-24 by
2023 Wis. Act 164. Prior to 10-1-24 it reads:
Effective date text
(8m) “Recreational vehicle" has the meaning given in s. 340.01 (48r).
218.10(8t)
(8t) “Salesperson", unless the context requires otherwise, means any person who is employed by a manufacturer or dealer to sell or lease recreational vehicles.
218.10(8u)
(8u) “Transient customer” means a customer who is temporarily traveling through a dealer's area of sales responsibility.
218.10(8v)
(8v) “Travel trailer” means a vehicle that is mounted on wheels, that is designed to provide temporary living quarters for recreational, camping, or travel use, and that is of a size or weight that a special highway movement permit is not required when towed by a motor vehicle.
218.10(9)
(9) “Used recreational vehicle" means a recreational vehicle which has previously been occupied, used or sold for personal or business use.
218.10(10)
(10) “Warrantor” means a person, firm, corporation, or business entity that gives a warranty in connection with a new recreational vehicle or parts, accessories, or components of a new recreational vehicle.
218.10(11)
(11) “Warranty” does not include service contracts, mechanical or other insurance, or extended warranties sold for separate consideration by a dealer or other person not controlled by a manufacturer.
218.11
218.11
Recreational vehicle dealers, manufacturers, and distributors regulated. 218.11(1)(1)
No person may engage in the business of selling recreational vehicles to a consumer or to the retail market in this state unless first licensed to do so by the department.
Effective date note
NOTE: Section 218.11 (title) is shown as amended eff. 10-1-24 by
2023 Wis. Act 164. Prior to 10-1-24 it reads:
Effective date text
218.11 Recreational vehicle dealers regulated.
218.11(2)(a)(a) Application for license and renewal license shall be made to the licensor on forms prescribed and furnished by the licensor, accompanied by the license fee required under par.
(c) or
(d).
218.11(2)(am)1.1. In addition to any other information required under par.
(a) and except as provided in subd.
4., an application by an individual for the issuance or renewal of a license under this section shall include the individual's social security number and, if the application is made by a person who is not an individual for the issuance or renewal of a license under this section shall include the person's federal employer identification number.
218.11(2)(am)2.
2. The department shall deny an application for the issuance or renewal of a license if the information required under subd.
1. is not included in the application.
218.11(2)(am)3.
3. The department may not disclose any information received under subd.
1. to any person except to the department of children and families for purposes of administering s.
49.22, to the department of revenue for the sole purpose of requesting certifications under s.
73.0301, and to the department of workforce development for the sole purpose of requesting certifications under s.
108.227.
218.11(2)(am)4.
4. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license under this section, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. Any license issued or renewed in reliance upon a false statement submitted by an applicant under this subdivision is invalid.
218.11(2)(b)1.1. The department shall promulgate rules establishing the license period under this section.
