134.70(11)(a)(a) Every contract for center services shall provide that if any of the facilities or services described in the contract become unavailable or are no longer fully operational, before full receipt of the services and use of facilities for which the buyer contracted, the buyer is liable for only that portion of the total consideration proportional to the elapsed time portion of the contract at the time of the unavailability. The buyer is entitled to a refund of any other funds already paid.
134.70(11)(b)
(b) A buyer has the option, in lieu of the proportional refund provided in
par. (a), to choose to complete the unused portion of the contract including any renewal periods at the price disclosed in accordance with
sub. (5) at another location which is owned, controlled, affiliated with or operated by the seller. Any such modification of the contract must be made in writing and may only modify the terms of the contract required under
sub. (3) concerning the unavailable or no longer fully operational facilities or services.
134.70(11)(c)
(c) Nothing in this subsection shall restrict a center's ability to:
134.70(11)(c)1.
1. Perform regular maintenance or make prompt equipment repairs.
134.70(11)(c)3.
3. Replace a facility or service with a superior facility or service.
134.70(12)
(12) Every contract for center services shall provide that if the buyer is unable to make use of or receive the center services contracted for because of death or disability, the buyer is liable for only that portion of the total consideration proportional to the elapsed time portion of the contract at the time of the death or disability.
134.70(13)(a)(a) Subject to
sub. (8), no center may collect or by contract require a buyer to pay more than $100 for center services before the buyer receives or has the opportunity to receive those services unless the center establishes, for each center location, proof of financial responsibility as described in
par. (b).
134.70(13)(b)1.1. Except as provided in
subd. 3., a center may establish proof of financial responsibility required under
par. (a) by maintaining an established escrow account approved by the department of agriculture, trade and consumer protection for all amounts received from buyers in advance of the receipt of services or by maintaining any of the following commitments approved by the department of agriculture, trade and consumer protection in an amount not less than $25,000, subject to
subd. 2.:
134.70(13)(b)2.
2. The commitment described in
subd. 1. shall be established in favor of or made payable to the state, for the benefit of any buyer who does not receive a refund under
sub. (11) (a). The center shall file with the department of agriculture, trade and consumer protection any agreement, instrument or other document necessary to enforce the commitment against the center or any relevant 3rd party, or both.
134.70(13)(b)3.
3. For 6 or more weight reduction centers owned or operated under the same trade name, the amount of the financial commitment under
pars. (a) and
(b) for those weight reduction centers is not required to exceed a total of $150,000. For a weight reduction center that submits to the department of agriculture, trade and consumer protection evidence satisfactory to the department that the weight reduction center collected a total of $50,000 or more but less than $100,000 from buyers of its center services in the previous calendar year, the amount of the financial commitment under
pars. (a) and
(b) is not required to exceed $10,000. For a weight reduction center that submits to the department evidence satisfactory to the department that the weight reduction center collected less than a total of $50,000 from buyers of its center services in the previous calendar year, the amount of the financial commitment under
pars. (a) and
(b) is not required to exceed $5,000.
134.70(14)
(14) Any contract for center services is unenforceable against the buyer and is a violation of this section if:
134.70(14)(a)
(a) The buyer entered into the contract in reliance upon any false, fraudulent, deceptive or misleading information, representation, notice or advertisement.
134.70(14)(b)
(b) The contract does not comply with the requirements of this section.
134.70(14)(c)
(c) The seller fails to perform in accordance with the contractual provisions under this section.
134.70(14)(d)
(d) The contract contains a provision in which the buyer agrees to waive the requirements of this section.
134.70(15)(a)(a) The department of agriculture, trade and consumer protection shall investigate violations of this section or
s. 134.705 (2) or
(4). The department of agriculture, trade and consumer protection may on behalf of the state:
134.70(15)(a)1.
1. Bring an action for temporary or permanent injunctive or other relief in any court of competent jurisdiction for any violation of this section or
s. 134.705 (2) or
(4). The court may in its discretion, 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.
134.70(15)(a)2.
2. Bring an action in any court of competent jurisdiction for the recovery of civil forfeitures against any person who violates this section or
s. 134.705 (2) or
(4) in an amount not less than $100 nor more than $10,000 for each violation.
134.70(15)(am)
(am) The department of agriculture, trade and consumer protection may bring an action in circuit court to recover on a financial commitment maintained under
sub. (13) against a center or relevant 3rd party, or both, on behalf of any buyer who does not receive a refund due under
sub. (11) (a).
134.70(15)(b)
(b) In addition to the remedies otherwise provided by law, any person injured by a violation of this section may bring a civil action for damages under
s. 100.20 (5). Any person injured by a breach of a contract for center services may bring a civil action to recover damages together with costs and disbursements, including reasonable attorney fees, and such other equitable relief as may be determined by the court.
134.705
134.705
Fitness center staff requirements. 134.705(1)(b)
(b) "Department" means the department of health and family services.
134.705(2)
(2) A fitness center shall do any of the following:
134.705(2)(a)
(a) At all times during which the fitness center is open and its facilities and services are available for use, have at least one employe present on the premises of the fitness center who has satisfactorily completed a course or courses in basic first aid and basic cardiopulmonary resuscitation taught by an individual, organization or institution of higher education approved by the department.
134.705(2)(b)
(b) Ensure that each of its employes, within 90 days after hire, satisfactorily completes at least one course in basic first aid and basic cardiopulmonary resuscitation taught by an individual, organization or institution of higher education approved by the department.
134.705(4)
(4) A fitness center shall post a notice or notices on its premises stating the requirements of
sub. (2) and the penalty for a violation of
sub. (2) under
s. 134.70 (15) (a). The notice shall comply with the rules promulgated by the department under
sub. (5) (d).
134.705(5)
(5) The department shall promulgate rules establishing all of the following:
134.705(5)(a)
(a) The minimum standards for the qualifications and training of an individual, including an individual associated with an organization or institution of higher education, who teaches basic first aid or basic cardiopulmonary resuscitation to fitness center employes under
sub. (2).
134.705(5)(b)
(b) The minimum hours of instruction and general content of the basic first aid and basic cardiopulmonary resuscitation courses taught to fitness center employes under
sub. (2).
134.705(5)(c)
(c) Procedures governing the department's approval of individuals, organizations and institutions meeting the standards established under
pars. (a) and
(b).
134.705(5)(d)
(d) Specifications for the notice required under
sub. (4) including:
134.705(5)(d)3.
3. The location or locations where the notice must be posted on the fitness center premises.
134.705(7)
(7) A violation of
sub. (2) or
(4) is subject to
s. 134.70 (15) (a). This subsection or
s. 134.70 (15) (a) does not preclude a person injured as a result of a violation of this section from pursuing any other available equitable or legal relief.
134.705 History
History: 1987 a. 385;
1995 a. 27 s.
9126 (19).
134.71
134.71
Pawnbrokers and secondhand article and jewelry dealers. 134.71(1)(a)
(a) "Article" means any of the following articles except jewelry:
134.71(1)(a)4.
4. Computers, printers, software and computer supplies.
134.71(1)(ag)
(ag) "Auctioneer" means an individual who is registered as an auctioneer under
ch. 480 and who sells secondhand articles or secondhand jewelry at an auction, as defined in
s. 480.01 (1).
134.71(1)(am)
(am) "Charitable organization" means a corporation, trust or community chest, fund or foundation, organized and operated exclusively for religious, charitable, scientific, literary or educational purposes or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual.
134.71(1)(b)
(b) "Customer" means a person with whom a pawnbroker, secondhand article dealer or secondhand jewelry dealer or an agent thereof engages in a transaction of purchase, sale, receipt or exchange of any secondhand article or secondhand jewelry.
134.71(1)(c)
(c) "Jewelry" means any tangible personal property ordinarily wearable on the person and consisting in whole or in part of any metal, mineral or gem customarily regarded as precious or semiprecious.
134.71(1)(d)
(d) "Municipality" means a city, village or town.
134.71(1)(e)
(e) "Pawnbroker" means any person who engages in the business of lending money on the deposit or pledge of any article or jewelry, or purchasing any article or jewelry with an expressed or implied agreement or understanding to sell it back at a subsequent time at a stipulated price.
134.71(1)(f)
(f) "Secondhand" means owned by any person, except a wholesaler, retailer or secondhand article dealer or secondhand jewelry dealer licensed under this section, immediately before the transaction at hand.
134.71(1)(g)
(g) "Secondhand article dealer" means any person, other than an auctioneer, who primarily engages in the business of purchasing or selling secondhand articles, except when engaging in any of the following:
134.71(1)(g)1.
1. Any transaction at an occasional garage or yard sale, an estate sale, a gun, knife, gem or antique show or a convention.
134.71(1)(g)2.
2. Any transaction entered into by a person while engaged in a business for which the person is licensed under
sub. (2) or
(4) or while engaged in the business of junk collector, junk dealer or scrap processor as described in
s. 70.995 (2) (x).
134.71(1)(g)3.
3. Any transaction while operating as a charitable organization or conducting a sale the proceeds of which are donated to a charitable organization.
134.71(1)(g)4.
4. Any transaction between a buyer of a new article and the person who sold the article when new which involves any of the following:
134.71(1)(g)5.
5. Any transaction as a purchaser of a secondhand article from a charitable organization if the secondhand article was a gift to the charitable organization.
134.71(1)(g)6.
6. Any transaction as a seller of a secondhand article which the person bought from a charitable organization if the secondhand article was a gift to the charitable organization.
134.71(1)(h)
(h) "Secondhand jewelry dealer" means any person, other than an auctioneer, who engages in the business of any transaction consisting of purchasing, selling, receiving or exchanging secondhand jewelry, except for the following:
134.71(1)(h)1.
1. Any transaction at an occasional garage or yard sale, an estate sale, a gun, knife, gem or antique show or a convention.
134.71(1)(h)2.
2. Any transaction with a licensed secondhand jewelry dealer.
134.71(1)(h)3.
3. Any transaction entered into by a person while engaged in a business of smelting, refining, assaying or manufacturing precious metals, gems or valuable articles if the person has no retail operation open to the public.
134.71(1)(h)4.
4. Any transaction between a buyer of new jewelry and the person who sold the jewelry when new which involves any of the following:
134.71(1)(h)5.
5. Any transaction as a purchaser of secondhand jewelry from a charitable organization if the secondhand jewelry was a gift to the charitable organization.
