Register October 2004 No. 586
Chapter ATCP 97
PUBLIC WAREHOUSE KEEPERS
Classification of public warehouses.
License requirement; application and fees.
License suspension or revocation.
Warehouse facilities and operations.
Disclosure requirements; receipts.
Ch. ATCP 97 Note
This chapter is adopted under authority of ss. 99.02 (3) (a)
, Stats. A person who violates this chapter, or any order issued under this chapter, is subject to penalties provided under s. 99.07
ATCP 97.01 Definitions.
As used in this chapter:
“Damage by water" includes those water-related damages normally covered under a fire and extended coverage insurance policy. “Damage by water" does not include flood damage.
“Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
“Floor space" means the area, expressed in square feet, that is available for the storage of property in a warehouse.
“Person" means a natural person, corporation, partnership, limited liability company, cooperative, trust, or any other business association or entity.
“Public warehouse" means a warehouse which a public warehouse keeper operates to store the property of other persons for hire. “Public warehouse" includes a food warehouse, as defined in s. 97.27 (1) (b)
, Stats., if a public warehouse keeper operates that food warehouse to store the property of other persons for hire. “Public warehouse" does not include a frozen food locker plant as defined in s. 97.27 (1) (c)
“Public warehouse keeper" means a person who operates a warehouse and who stores for hire, in that warehouse, the property of other persons.
“Secretary" means the secretary of the department or the secretary's designee.
“Store for hire" means to accept and maintain custody of the property of another person in return for consideration. “Store for hire" does not include the rental of designated storage space to a renter who has access to that space during normal business hours and who is responsible for the safekeeping of property stored in that space.
ATCP 97.01 Note
The rental of designated storage space to a person who has access to that space, and who is responsible for storing his or her own property in that space, may be subject to regulation under s. 704.90
“Warehouse" means any building, room, structure or facility used to store property. “Warehouse" includes an open- air facility, such as a fenced enclosure or a restricted-access boat docking facility, which is used to store property.
ATCP 97.01 History
Cr. Register, June, 1994, No. 462
, eff. 7-1-94.
ATCP 97.02 Classification of public warehouses.
For purposes of this chapter, a public warehouse is classified according to the amount of floor space in that warehouse as follows:
Class 2: at least 10,000 square feet but less than 50,000 square feet.
Class 3: at least 50,000 square feet but less than 100,000 square feet.
Class 4: at least 100,000 square feet but less than 150,000 square feet.
ATCP 97.02 History
Cr. Register, June, 1994, No. 462
, eff. 7-1-94.
ATCP 97.04 License requirement; application and fees. ATCP 97.04(1)(1)
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 cooperative association storing farm products and merchandise only for its members.
A person who owns and operates a warehouse only to store dairy products or canned fruits or vegetables manufactured by that person.
A common carrier engaged solely in the transit and storage of property for periods not exceeding 30 days.
A person operating a warehouse pursuant to a license issued under the federal bonded warehouse act, 7 USC 241
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:
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.
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.
The location, size, character and equipment of the building or premises which the applicant will operate as a public warehouse.
Any reinspection fees that are due and payable by the applicant under sub. (5)
but not yet paid.
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.