Wisconsin Statutes 99.02 – Public warehouse keepers; licensing
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Terms Used In Wisconsin Statutes 99.02
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Officers: when applied to corporations include directors and trustees. See Wisconsin Statutes 990.01
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: includes food; agricultural and commercial products, commodities or equipment; household furnishings; automobiles, boats, snowmobiles or other vehicles and conveyances; and all other items of a personal, family, household, agricultural, business or commercial nature which may be the subject of a contract of storage. See Wisconsin Statutes 99.01
- Public warehouse: includes a food warehouse, as defined in…. See Wisconsin Statutes 99.01
- Public warehouse keeper: means any person who is required to be licensed under…. See Wisconsin Statutes 99.01
- Qualified: when applied to any person elected or appointed to office, means that such person has done those things which the person was by law required to do before entering upon the duties of the person's office. See Wisconsin Statutes 990.01
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
- Warehouse: means any building, room, structure or facility used for the storage of property. See Wisconsin Statutes 99.01
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Year: means a calendar year, unless otherwise expressed; "year" alone means "year of our Lord". See Wisconsin Statutes 990.01
(1) Application. Except as provided in sub. (2), no person may operate a warehouse, including a cold-storage warehouse, for the storage of property as bailee for hire without a public warehouse keeper’s license. A person desiring a public warehouse keeper‘s license shall apply on a form furnished by the department and shall set forth the location, size, character and equipment of the building or premises to be used by the applicant, the kinds of goods intended to be stored, the name of each partner if a partnership or of each member if a limited liability company, the names of the officers if a corporation, and such other facts as the department requires to show that the property proposed to be used is suitable for a warehouse and that the applicant is qualified as a public warehouse keeper. Subject to s. 93.135, if the property proposed to be used is suitable for a public warehouse and the applicant is otherwise qualified, a license shall be issued upon payment of the license fee under sub. (3) and the filing of security or insurance as required under s. 99.03.
(2) License not required. No license is required for any of the following:
(a) A municipal corporation.
(c) A person who operates a warehouse storing only grain, as defined under s. 126.01 (13).
(d) A cooperative association or an unincorporated cooperative association storing farm products and merchandise for members.
(e) A person who owns and uses warehouses for storage of manufactured dairy products, canned produce or dairy products, manufactured by the person.
(f) A common carrier engaged solely in the transit and storage of property for periods not exceeding 30 days.
(g) A person who stores property received under a writ of restitution under s. 799.44 (2) if that person was the plaintiff in the action that resulted in the issuance of the writ of restitution.
(h) An agricultural society, association, or board that conducts a county or district fair and that receives aid under s. 93.23.
(3) Fees.
(a) An applicant for a public warehouse keeper’s license shall pay the following annual license fee, unless the fee is otherwise established by department rule:
1. For a Class 1 public warehouse, $50.
2. For a Class 2 public warehouse, $100.
3. For a Class 3 public warehouse, $150.
4. For a Class 4 public warehouse, $200.
5. For a Class 5 public warehouse, $250.
(b) No license shall be issued for part of a year for less than the annual fee, and the license is not transferable. The license period expires June 30.
(c) The department may exempt from the operation of this section a public warehouse or portion thereof if the operator has a license under the federal bonded warehouse act.
(d) If the department conducts a reinspection of any warehouse operated by a person licensed under this section due to any violation of any federal or state law that the department determines in a regularly scheduled inspection of that warehouse, the department shall charge the license holder for the reinspection as follows:
1. The holder of a license under par. (a) 1.: $50.
2. The holder of a license under par. (a) 2.: $100.
3. The holder of a license under par. (a) 3.: $150.
4. The holder of a license under par. (a) 4.: $200.
5. The holder of a license under par. (a) 5.: $250.
(e) An applicant for a public warehouse keeper’s license shall pay a license fee surcharge of $100 if the department determines that, within one year before submitting the license application, the applicant operated the public warehouse without a license in violation of sub. (1). Payment of this license fee surcharge does not relieve the applicant of any other civil or criminal liability that results from the unlicensed operation of the public warehouse, but does not constitute evidence of any other violation of law.
(4) Sign posted. Every public warehouse keeper shall keep a conspicuous sign posted on the outside of each public warehouse, at its main entrance, which sign shall state clearly the name of the public warehouse keeper and that the warehouse is a public warehouse.