Section 32.05. Exemptions by the division.

 

(1)  The following transactions shall be exempted from s. 553.21 , Stats., pursuant to s. 553.25 , Stats.:

(a) Any offer to sell or sale by a governmental entity of a franchise for cable telecommunications rights except offers to sell and sales of such franchises where:

1. The franchisee of a governmental entity offering or selling such rights sells or offers rights to participate in such a business or a prospective business of a cable telecommunications nature; or

2. A franchisee or prospective franchisee of a governmental entity advertises, offers to sell or sells an interest in such franchise or prospective franchise which may consist of, but not be limited to, access to the use of existing facilities, rights granted by the governmental entity, or rights or facilities to be acquired.

(b) Any offer to sell or sale of a franchise which includes payment by a person for the right to participate in a distribution or marketing plan where such payment, computed on an annual basis, does not exceed $1,000 in excess of the bona fide wholesale price for such product or service in wholesale transactions.

(c) Any offer to sell or sale of a franchise to any of the following:

1. The franchisor of the franchise;

2. A bank, trust company, credit union or savings and loan association purchasing a franchise for its own account.

(d) The offer or sale to a franchisee or prospective franchisee where the franchisee or prospective franchisee is not domiciled in this state and where the franchise business will not be operated in this state, and provided that the offer, sale and purchase of the franchise is effected in compliance with any applicable franchise law of the state in which the franchise business will be operated or the franchisee is domiciled.

(e) The offer or sale to an existing franchisee of an additional franchise that is the same as a franchise that the franchisee is operating at the time of the offer or sale.

(f) The offer or sale of a franchise or interest in a franchise which also constitutes a security that is either registered or exempt from registration pursuant to ch. 551 , Stats.

(g) Any modification or amendment of an existing franchise agreement if there is no interruption in the operation of the franchise business and there is no material change in the franchise relationship. For purposes of this paragraph, an interruption in the operation of the franchise business solely for the purpose of relocating that business shall not be considered a material change in the franchise relationship or an interruption in the operation of the franchise business.

History: Cr. Register, October, 1972, No. 202 , eff. 11-1-72; renum. from DFI-Sec 32.06, Register, December, 1980, No. 300 , eff. 1-1-81; am. (1) (intro.), Register, December, 1981, No. 312 , eff. 1-1-82; am. (1) (a) and (2), Register, December, 1984, No. 348 , eff. 1-1-85; am. (1) (b), r. and recr. (1) (c), cr. (1) (d), Register, December, 1985, No. 360 , eff. 1-1-86; am. (1) (b) and (c) 5., cr. (1) (e) to (i), Register, December, 1987, No. 384 , eff. 1-1-88; cr. (1) (c) 6., Register, December, 1988, No. 396 , eff. 1-1-89; am. (1) (intro.), Register, December, 1991, No. 432 , eff. 1-1-92; am. (1) (c) 5., Register, December, 1992, No. 444 , eff. 1-1-93. Correction in (2) made under s. 13.93 (2m) (b) 5., Stats., Register, December, 1992, No. 444 ; r. (1) (c), (i), (2), renum. (1) (d) to (h) to be (1) (c) to (g), Register, December, 1996, No. 492 , eff. 1-1-97.