The operator shall maintain a stock level and amount of operating capital adequate to conduct the business enterprise efficiently and effectively, as determined by the department.
All operators except vendor-owners shall be bonded and shall be assessed an annual bonding charge by the department.
Income from vending machines on state or other property within reasonable proximity to and in direct competition with a business enterprise shall be assigned to the operator of such business enterprise. A vending machine is in reasonable proximity to and in direct competition with a business enterprise if it vends articles of a type authorized in the permit and is so located that it attracts customers who would otherwise patronize the business enterprise.
Income from vending machines not within reasonable proximity to or in direct competition with a business enterprise may be used for management services for the business enterprise program.
In all cases, income from vending machines shall be distributed as provided under the Randolph-Sheppard Act and 34 CFR 395.8
Every business enterprise shall have adequate liability and fire insurance at levels established by the state of Wisconsin office of risk management.
If the department obtains the necessary insurance coverage, the operator shall reimburse the department.
Unless otherwise agreed, the first premium for insurance coverage for each new business enterprise shall be paid by the department as a part of the initial installation costs.
Each business enterprise shall have all licenses and permits required by law for the conduct of the business enterprise.
If the department obtains the required licenses and permits, the operator shall reimburse the department for them.
DWD 60.09 History
Cr. Register, May, 1983, No. 329
, eff. 6-1-83; correction in (1) (b) 2. a. made under s. 13.93 (2m) (b) 7., Stats.
Operating the business enterprise. DWD 60.10(1)(a)1.
Perform faithfully and to the best of his or her ability all duties necessary to the proper conduct and operation of the business enterprise;
Operate the business in compliance with all applicable provisions of federal, state, and local law;
Operate the business in accordance with this chapter and the permit or contract with the controlling body or organization of the building or property in which the business is located; and
Cooperate with duly authorized representatives of the department in the performance of their official responsibilities.
(b) Prohibited behavior by operator and employes.
The operator or any employe of the operator, while engaged in the pursuit of duties and responsibilities as operator on the premises where the business enterprise is located or elsewhere, shall refrain from any action or conduct which may bring or reflect discredit to the business enterprise operation, to the owner or manager of the premises where the business enterprise is located or to the department's business enterprise program. Such prohibited action or conduct shall include, but shall not be limited to, the following:
Use of alcoholic beverages, controlled substances as defined in ch. 961, Stats.
, or other drugs unless prescribed by a physician for the user;
The presence or possession of alcoholic beverages, except as these relate to the business, on the premises where the business enterprise is located;
(c) Prohibited absences.
Except as otherwise provided in this chapter, absentee management, supervision and operation of the business enterprise and the realization of its net proceeds by the operator in absentia for other than brief, non-routine periods is prohibited.
(d) Relief periods.
The operator may establish a schedule of relief periods for employes during business hours, subject to the approval of the department.
The operator may take a maximum of 30 working days vacation each calendar year after notifying the department of the name, address, and telephone number of the relief operator.
Necessary absence of the operator due to personal illness is allowable if the absence does not exceed one period of 30 consecutive working days in any calendar year, or 2 or more periods totaling not more than 45 working days in any calendar year. The department may extend the allowable period of absence where special circumstances exist.
Employ and compensate such employes as are necessary to the effective and efficient operation of the business enterprise;
Employ and compensate a relief operator to insure continuous operation of the business enterprise during an absence of the licensed operator;
Limit the persons employed to preclude unnecessarily excessive costs;
Terminate the employment of any person whose continued employment is detrimental to the business enterprise;
Keep and preserve legally required detailed records of payroll and payroll deductions; and
Observe the following order of preference in hiring qualified persons:
Assist each operator in identifying qualified disabled persons to be considered for employment; and
Notify the operator of any situation arising from the operator's employment practices which is detrimental to the operation and requires prompt and immediate correction.
The operator shall transact all business on a 30 calendar day cash basis and shall pay all obligations promptly when due.
The operator shall pay and discharge any obligations within 30 days after written notice from the department that:
The operator is delinquent in the payment of any business accounts; or
The department has received a complaint concerning monies due a business creditor of the operator, or has been asked to provide assistance in the collection of these monies.
Only merchandise of a class or type authorized by the permit or contract shall be sold by the operator or the operator's employes.
(5) Display of license.
The operator shall at all times conspicuously display at the business enterprise location the license issued by the department and shall neither cause nor permit the license to be covered or removed.
Establish and maintain a business checking account in a depository commercial bank chartered to do business in the state of Wisconsin, deposit all business receipts and revenues therein, and insure that business and personal funds shall not become mingled in the account;
Keep and preserve a full and complete record of all receipts and disbursements required by internal revenue service guidelines;
Prepare and submit to the department, on or before the 5th working day of each month, a sales report for the previous month along with all bills paid that month;
Make available to the department during regular business hours all records and books of account for the purpose of review or audit; and
Provide or report to the department in the form prescribed information about the business enterprise required by this chapter or otherwise requested by the department.
(b) Department responsibility.
The department shall assist the operator in the establishment of proper books of account and record-keeping procedures.
(7) Payment of fees.
The operator shall, within 30 days from the date of invoice, send all fees to the department which are owed to the department for the preceding month. Fees may be paid by check or money order made payable to the department's business enterprise program and sent to the address on the invoice.
All reports required pursuant to sub. (6) (a)
received after the due date shall be assessed a late penalty charge as determined annually by the department in consultation with the committee.
All fees required pursuant to s. DWD 60.11
received after the due date shall be assessed an interest charge of 1% per month (12% per annum) of the unpaid balance.
If the reports or fees are late due to reasons beyond the operator's control, the penalty may be waived by the department upon receipt of the set-aside fees or fully completed reports accompanied by a statement justifying the lateness.
Every operator shall obtain a Wisconsin seller's permit in the operator's name.
If the department obtains the seller's permit, the operator shall reimburse the department for the permit.
The operator shall pay in full within prescribed time limits all state sales tax due and shall comply with the provisions of ss. 77.51
DWD 60.10 History
Cr. Register, May, 1983, No. 329
, eff. 6-1-83.
The department shall collect, maintain and administer funds from the net proceeds of the operation of each business enterprise, including vendor-owned enterprises, in accordance with provisions of this section.
Funds that the department requires be set aside shall be computed on the basis of a percentage of the individual operator's net proceeds for a given month. The department may each year reconsider and change that percentage to ensure that set-aside funds are sufficient for the uses made of these funds. Set-aside charges for vendor-owned enterprises shall be at a reduced rate to reflect vendor-owner responsibility for maintenance, repair and replacement of all business enterprise equipment.
The department shall bill operators each month for the set-aside charge.
Set-aside funds maintained by the department shall be accounted for in accordance with generally accepted principles of fund accounting.
Set-aside funds may be expended only for the following purposes:
To establish and maintain retirement or pension funds, health insurance contributions and provisions for paid sick leave and vacation time.
DWD 60.11 History
Cr. Register, May, 1983, No. 329
, eff. 6-1-83.
Conduct or performance shortcomings.
If the operator fails to conduct the business enterprise in compliance with the operator's agreement or to maintain reasonable performance levels as demonstrated by comparison with prior periods of operation in the same location or other business enterprises of a similar type, the department shall review the evidence with the committee and solicit the committee's recommendations for corrective action.
(2) Corrective action alternatives.
Corrective action alternatives available to the department include but are not limited to :