134.22(1)(a)
(a) "Originally scheduled date" means the date on which an entertainment or sporting event is scheduled to be held when a ticket for the event is purchased from the promoter of the event or the promoter's agent.
134.22(1)(b)
(b) "Promoter" means a person who arranges, publicly promotes and causes the public offering for sale of tickets to an entertainment or sporting event. "Promoter" does not include a person whose only financial interest in an entertainment or sporting event is as a ticket seller or as the recipient of rental income for the site of the event.
134.22(1)(c)
(c) "Sporting event" does not include a competitive sports activity between school teams or between teams that belong to an established sports league.
134.22(2)(a)(a) Except as provided in
pars. (b),
(c) and
(d), every promoter of an entertainment or sporting event that is not held on the originally scheduled date shall refund to any person who purchased a ticket for the event from the promoter or the promoter's agent for that date the amount paid for the ticket, minus handling and service charges not exceeding $5 or 20% of the amount paid for the ticket, whichever is less, if any of the following applies:
134.22(2)(a)1.
1. The purchaser presents the ticket for an event that is canceled to the promoter or the promoter's agent no later than 90 days after the event is canceled.
134.22(2)(a)2.
2. The purchaser presents the ticket for an event that is rescheduled, or that the promoter represents to the public is being rescheduled, to the promoter or the promoter's agent no later than 30 days after the originally scheduled date.
134.22(2)(b)
(b) Notwithstanding
par. (a), and except as provided in
par. (c), if the promoter of an entertainment or sporting event that is not held on the originally scheduled date is an organization described in section
501 (c) (3) of the internal revenue code that is exempt from federal income tax under section
501 (a) of the internal revenue code, the promoter shall be required to refund only that portion of the ticket price that the promoter attributes to the admission price of the event, minus handling and service charges not exceeding $5 or 20% of that portion of the ticket price, whichever is less, if all of the following apply:
134.22(2)(b)1.
1. The ticket states the portion of the ticket price that the promoter attributes to the admission price of the event and the portion of the ticket price that the promoter attributes to a donation.
134.22(2)(b)2.
2. The ticket states that the law applicable to ticket refunds applies only to the portion of the ticket price that the promoter attributes to the admission price of the event.
134.22(2)(c)
(c) No promoter of an entertainment or sporting event who is required to give a ticket refund under this section may deduct service and handling charges from the amount paid for that ticket unless the ticket states, or the promoter informs the purchaser at the time of the ticket sale of, the amount that the promoter may deduct under
par. (a) or
(b) for handling and service charges.
134.22(2)(cm)
(cm) Nothing in this subsection requires a promoter or promoter's agent to refund any amount paid by a purchaser for a service provided by the promoter or promoter's agent that is not included in the price of a ticket for an entertainment or sporting event, if the promoter or promoter's agent informs the purchaser when the service is purchased that the amount paid for the service is nonrefundable.
134.22(2)(d)
(d) This subsection does not apply to any promoter of an entertainment or sporting event that is not held on the originally scheduled date because of inclement weather.
134.22(3)
(3) Every promoter who is required to furnish a refund under
sub. (2) shall furnish the refund to the purchaser no later than 60 days after presentation of the ticket by the purchaser to the promoter.
134.22(4)
(4) The department of agriculture, trade and consumer protection shall investigate violations of this section. The department of agriculture, trade and consumer protection, or any district attorney upon informing the department of agriculture, trade and consumer protection, may, on behalf of the state, do any of the following:
134.22(4)(a)
(a) Bring an action for temporary or permanent injunctive relief in any court of competent jurisdiction for any violation of this section. The relief sought by the department of agriculture, trade and consumer protection or district attorney may include the payment by a promoter into an escrow account of an amount estimated to be sufficient to pay for ticket refunds. The court may, upon entry of final judgment, award restitution when appropriate to any person suffering loss because of violations of this section if proof of such loss is submitted to the satisfaction of the court.
134.22(4)(b)
(b) Bring an action in any court of competent jurisdiction for the recovery of a civil forfeiture against any person who violates this section in an amount not less than $50 nor more than $200 for each violation.
134.22 History
History: 1991 a. 121;
1995 a. 27.
134.23
134.23
Motion picture fair practices. 134.23(1)
(1)
Definitions. As used in this section:
134.23(1)(a)
(a) "Blind bidding" means offering, bidding for, negotiating for or agreeing to any term for the licensing or exhibition of a motion picture in this state prior to a trade screening of the motion picture.
134.23(1)(b)
(b) "Distributor" means a person who rents, sells, licenses or otherwise distributes to an exhibitor a motion picture for exhibition in this state.
134.23(1)(c)
(c) "License agreement" means a contract, agreement, understanding or condition between a distributor and an exhibitor relating to the exhibition of a motion picture in this state.
134.23(1)(d)
(d) "Trade screening" means the showing of a motion picture by a distributor in one of the 3 largest cities in this state.
134.23(2)
(2) Blind bidding prohibited. A person may not engage in blind bidding.
134.23(3)(a)(a) Every trade screening shall be open to any exhibitor.
134.23(3)(b)
(b) A distributor shall provide reasonable and uniform notice to all exhibitors of all trade screenings.
134.23(4)
(4) Guarantees prohibited. A license agreement created or renewed after May 18, 1984, which provides for a fee or other payment to a distributor based in whole or in part on the attendance at a theater or the box office receipts of a theater may not contain or be conditioned upon a guarantee of a minimum payment by an exhibitor to the distributor.
134.23(5)
(5) Injunctive relief and damages. A person aggrieved by a violation of this section may bring a civil action to enjoin further or continuing violations or to recover actual damages sustained as a result of a violation, together with costs of the action. In an action under this subsection, the court shall award reasonable attorney fees, notwithstanding
s. 814.04 (1), to a party who obtains injunctive relief or an award of damages.
134.23 History
History: 1983 a. 454.
134.24
134.24
Music royalty collections; fair practices. 134.24(1)(a)
(a) "Copyright owner" means the owner of a copyright that is of a musical work and that is recognized and enforceable under
17 USC 101, et seq. "Copyright owner" does not include the owner of a copyright that is of a motion picture or audiovisual work or that is of part of a motion picture or audiovisual work.
134.24(1)(b)
(b) "Department" means the department of agriculture, trade and consumer protection.
134.24(1)(c)
(c) "Musical work" means a nondramatic musical work or a work of a similar nature.
134.24(1)(d)
(d) "Performing rights society" means an association or corporation that licenses the public performance of musical works on behalf of one or more copyright owners.
134.24(1)(e)
(e) "Proprietor" means the owner of a retail establishment or a restaurant.
134.24(1)(f)
(f) "Restaurant" includes an inn, bar, tavern or sports or entertainment facility in which the public may assemble and in which musical works may be performed or otherwise transmitted for the enjoyment of the public.
134.24(1)(g)
(g) "Royalties" means the fees payable to a copyright owner or performing rights society for the public performance of a musical work.
134.24(2)
(2) Duties. A performing rights society shall do all of the following:
134.24(2)(a)
(a) File annually for public inspection with the department all of the following:
134.24(2)(a)1.
1. A certified copy of each document that is used at the time of filing by the performing rights society to enter into a contract with a proprietor doing business in this state.
134.24(2)(a)2.
2. A list, that is the most current list available at the time of the filing, of the copyright owners who are represented by the performing rights society and of the musical works licensed by the performing rights society.
134.24(2)(b)
(b) Make available, upon request of a proprietor, information as to whether a specific musical work is licensed under a contract entered into by the performing rights society and a copyright owner. A proprietor may request this information by telephone or other electronic means.
134.24(2)(c)
(c) Make available, upon written request of a proprietor and at the sole expense of a proprietor, any of the information required to be on file under
par. (a).
134.24(3)(a)(a) No performing rights society may offer to enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless the performing rights society, at the time of the offer or between the time of the offer and 72 hours before the execution of the contract, provides to the proprietor a written notice of all of the obligations of the performing rights society as specified under
sub. (2). The written notice shall also contain a statement as to whether the performing rights society is in compliance with any applicable federal law or court order that relates to the rates and terms of royalties to be paid by the proprietor or that relates to the circumstances or methods under which contracts subject to this section are offered to the proprietor.
134.24(3)(b)
(b) No performing rights society may make an incomplete or false disclosure in the written notice required under
par. (a).
134.24(4)(a)(a) A contract entered into or renewed in this state by a proprietor and a performing rights society for the payment of royalties shall be in writing and signed by the parties.
134.24(4)(b)
(b) The information in the contract shall include all of the following:
134.24(4)(b)1.
1. The proprietor's name and business address and the name and location of each retail establishment and restaurant to which the contract applies.
134.24(4)(b)4.
4. The schedule of rates and terms of the royalties to be collected under the contract, including any sliding scale or schedule for any increase or decrease of the rates during the term of the contract.
134.24(5)
(5) Prohibited practices. No employe or agent of a performing rights society may do any of the following:
134.24(5)(a)
(a) Enter the business premises of a proprietor to discuss a contract under this section with the proprietor or his or her employes, without identifying himself or herself and making known the purpose of the visit before commencing any further communication with the proprietor or the proprietor's employes.
134.24(5)(b)
(b) Engage in any coercive conduct, act or practice that disrupts the business premises of a proprietor in a substantial manner.
134.24(5)(c)
(c) Use or attempt to use any deceptive act or practice in negotiating a contract with a proprietor or in collecting royalties from a proprietor.
134.24(6)
(6) Civil remedy. Any person damaged as a result of a violation of this section may bring a civil action to recover damages, court costs and, notwithstanding
s. 814.04 (1), reasonable attorney fees. The person may also request in the action any other legal or equitable relief.
134.24(7)
(7) Other rights and remedies. This section does not limit any other right or remedy provided by law.
134.24 History
History: 1995 a. 284.
134.25
134.25
Misbranding of gold articles. 134.25(1)
(1) Any person, firm, corporation or association, who or which makes for sale, or sells, or offers to sell or dispose of, or has in his, her or its possession with intent to sell or dispose of, any article of merchandise made in whole or in part of gold or any alloy of gold, and having stamped, branded, engraved or imprinted thereon, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which said article is encased or enclosed any mark, indicating or designed or intended to indicate, that the gold or alloy of gold in such article is of a greater degree of fineness than the actual fineness or quality of such gold or alloy, unless the actual fineness of such gold or alloy, in the case of flat ware and watch cases, be not less by more than three one-thousandths parts, and in the case of all other articles be not less by more than one-half karat than the fineness indicated by the marks stamped, branded, engraved or imprinted upon any part of such article, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which such article is encased or enclosed, according to the standards and subject to the qualifications hereinafter set forth, is guilty of misdemeanor.
134.25(2)
(2) In any test for the ascertainment of the fineness of the gold or its alloy in any such article, according to the foregoing standards, the part of the gold or of its alloy taken for the test, analysis or assay shall be such part or portion as does not contain or have attached thereto any solder or alloy of inferior fineness used for brazing or uniting the parts of said article.
134.25(3)
(3) In addition to the foregoing tests and standards, that the actual fineness of the entire quantity of gold and of its alloys contained in any article mentioned in this section (except watch cases and flat ware), including all solder or alloy of inferior metal used for brazing or uniting the parts of the article (all such gold, alloys and solder being assayed as one piece) shall not be less by more than one karat, than the fineness indicated by the mark stamped, branded, engraved or imprinted upon such article, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which said article is encased or enclosed.
134.26
134.26
Misbranding of sterling silver articles. 134.26(1)
(1) Any person, firm, corporation or association, who or which makes for sale, or sells, or offers to sell or dispose of, or has in his, her or its possession with intent to sell or dispose of, any article of merchandise made in whole or in part of silver or of any alloy of silver and having marked, stamped, branded, engraved or imprinted thereon, or upon any tag, card or label attached thereto or upon any box, package, cover or wrapper in which said article is encased or enclosed, the words "sterling silver" or "sterling," or any colorable imitation thereof, unless nine hundred twenty-five one-thousandths of the component parts of the metal appearing or purporting to be silver, of which such article is manufactured are pure silver, subject to the qualifications hereinafter set forth, is guilty of a misdemeanor.
134.26(2)
(2) In the case of all such articles there shall be allowed a divergence in fineness of four one-thousandths parts from the foregoing standards.
134.27
134.27
Misbranding of coin silver articles. 134.27(1)
(1) Any person, firm, corporation or association, who or which makes for sale, or sells, or offers to sell or dispose of, or has in his, her or its possession with intent to sell or dispose of, any article of merchandise made in whole or in part of silver or of any alloy of silver and having marked, stamped, branded, engraved or imprinted thereon, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which such article is encased or enclosed, the words "coin" or "coin silver," or any colorable imitation thereof, unless nine hundred one-thousandths of the component parts of the metal appearing or purporting to be silver, of which such article is manufactured are pure silver, subject to the qualifications hereinafter set forth, is guilty of a misdemeanor.
134.27(2)
(2) In the case of all such articles there shall be allowed a divergence in fineness of four one-thousandths parts from the foregoing standards.
134.28
134.28
Misbranding of base silver articles. Any person, firm, corporation or association, who or which makes for sale, or sells, or offers to sell or dispose of, or has in his, her or its possession with intent to sell or dispose of, any article of merchandise made in whole or in part of silver or of any alloy of silver, and having stamped, branded, engraved or imprinted thereon, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which said article is encased or enclosed, any mark or word (other than the word "sterling" or the word "coin") indicating, or designed or intended to indicate, that the silver or alloy of silver in said article, is of a greater degree of fineness than the actual fineness or quality of such silver or alloy, unless the actual fineness of the silver or alloy of silver of which said article is composed be not less by more than four one-thousandths parts than the actual fineness indicated by the said mark or word (other than the word "sterling" or "coin") stamped, branded, engraved or imprinted upon any part of said article, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which said article is encased or enclosed, subject to the qualifications hereinafter set forth, is guilty of a misdemeanor.
134.29
134.29
Testing of silver articles. 134.29(1)
(1) In any test for the ascertainment of the fineness of any such article mentioned in
ss. 134.26 to
134.28, according to the standards therein, the part of the article taken for the test, analysis or assay, shall be such part or portion as does not contain or have attached thereto any solder or alloy of inferior metal used for brazing or uniting the parts of such article.
134.29(2)
(2) In addition to the foregoing test and standards, the actual fineness of the entire quantity of metal purporting to be silver contained in any article mentioned in
ss. 134.26 to
134.28, including all solder or alloy of inferior fineness used for brazing or uniting the parts of any such article (all such silver, alloy or solder being assayed as one piece) shall not be less by more than ten one-thousandths parts than the fineness indicated according to the foregoing standards, by the mark stamped, branded, engraved or imprinted upon such article, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which said article is encased or enclosed.
134.30
134.30
Misbranding of gold plated articles. Any person, firm, corporation or association, who or which makes for sale, or sells or offers to sell or dispose of, or has in his, her or its possession with intent to sell or dispose of, any article of merchandise made in whole or in part of inferior metal having deposited or plated thereon or brazed or otherwise affixed thereto a plate, plating, covering or sheet of gold or of any alloy of gold, and which article is known in the market as "rolled gold plate," "gold plate," "gold filled" or "gold electroplate," or by any similar designation, and having stamped, branded, engraved or imprinted thereon, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which said article is encased or enclosed, any word or mark usually employed to indicate the fineness of gold, unless said word be accompanied by other words plainly indicating that such article or some part thereof is made of rolled gold plate, or gold plate, or gold electroplate, or is gold filled, as the case may be, is guilty of a misdemeanor.
134.31
134.31
Misbranding of silver plated articles. Any person, firm, corporation or association, who or which makes for sale, or sells or offers to sell or dispose of, or has in his, her or its possession with intent to sell or dispose of, any article of merchandise made in whole or in part of inferior metal, having deposited or plated thereon or brazed or otherwise affixed thereto, a plate, plating, covering or sheet of silver or of any alloy of silver, and which article is known in the market as "silver plate" or "silver electroplate," or by any similar designation, and having stamped, branded, engraved or imprinted thereon, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which said article is encased or enclosed, the word "sterling" or the word "coin," either alone or in conjunction with any other words or marks is guilty of a misdemeanor.
134.32
134.32
Penalty for violations of sections 134.25 to 134.32. Every person, firm, corporation or association guilty of a violation of any one of the provisions of
ss. 134.25 to
134.32, and every officer, manager, director or managing agent of any such person, firm, corporation or association, directly participating in such violation or consenting thereto, shall be punished by a fine of not more than $500 nor less than $25, or imprisonment for not more than 3 months, or both, at the discretion of the court.
134.33
134.33
Platinum stamping. 134.33(1)(1)
Definitions. In this section unless the context otherwise requires:
134.33(1)(a)
(a) "Apply" and "applied" include any method or means of application or attachment to, or of use on, or in connection with, or in relation to, an article, whether such application, attachment or use is to, on, by, in or with the article itself, or anything attached to the article, or anything to which the article is attached, or anything in or on which the article is, or anything so used or placed as to lead to a reasonable belief that the mark on that thing is meant to be taken as a mark on the article itself.
134.33(1)(b)
(b) "Article" means any article of merchandise and includes any portion of such article, whether a distinct part thereof, or not, including every part thereof whether or not separable and also including material for manufacture.
134.33(1)(c)
(c) "Mark" means any mark, sign, device, imprint, stamp, brand applied to any article, or to any tag, card, paper, label, box, carton, container, holder, package cover or wrapping attached to, used in conjunction with or enclosing such article or any bill, bill of sale, invoice, statement, letter, circular, advertisement, notice, memorandum or other writing or printing.
134.33(1)(d)
(d) "Platinum," "iridium," "palladium," "ruthenium," "rhodium" or "osmium," include any alloy or alloys of any one or more of said metals.
134.33(1)(e)
(e) "Quality mark" is any mark as herein defined indicating, describing, identifying or referring to or appearing or seeming or purporting to indicate, describe, identify or refer to the partial or total presence or existence of or the quality of or the percentage of or the purity of or the number of parts of platinum, iridium, palladium, ruthenium, rhodium or osmium in any article.
