Section 97.04. License requirement; application and fees.

 

(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) .

(2)   License not required. No license is required under sub. (1) for any of the following:

(a) A municipal corporation.

(b) A person operating a warehouse storing only grain, as defined under s. 126.01 (13) , Stats.

(c) A cooperative association storing farm products and merchandise only for its members.

(d) A person who owns and operates a warehouse only to store dairy products or canned fruits or vegetables manufactured by that person.

(e) A common carrier engaged solely in the transit and storage of property for periods not exceeding 30 days.

(f) A person operating a warehouse pursuant to a license issued under the federal bonded warehouse act, 7 USC 241 et seq.

(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:

(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.

(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.

(c) The location, size, character and equipment of the building or premises which the applicant will operate as a public warehouse.

(d) The kind of property to be stored at the public warehouse.

(e) The fees required under sub. (4) .

(f) Any reinspection fees that are due and payable by the applicant under sub. (5) but not yet paid.

(g) If the applicant is applying for an initial license, the security required under s. ATCP 97.08 .

(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.

(4)   License fees.

(a) An applicant under sub. (3) shall pay an annual license fee as follows:

1. For a Class 1 public warehouse, $ 90.

2. For a Class 2 public warehouse, $185.

3. For a Class 3 public warehouse, $300.

4. For a Class 4 public warehouse, $400.

5. For a Class 5 public warehouse, $500.

(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.

(5)   Reinspection fee.

(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:

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) 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.

(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.

History: Cr. Register, June, 1994, No. 462 , eff. 7-1-94; CR 00-183 : am. Register July 2001, No. 547 eff. 8-1-01; CR 02-113 : am. (2) (b) Register April 2003 No. 568 , eff. 5-1-03.

Note

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. Microsoft Windows NT 6.1.7601 Service Pack 1