218.05 Note
NOTE: The bracketed "[shall]" was intended to be stricken. Corrective legislation is pending.
218.05(5)
(5) Forbidden to act as depository. No community currency exchange shall be permitted to accept money or evidences of money as a deposit to be returned to the depositor or upon the depositor's order; and no community currency exchange shall be permitted to act as bailee or agent for persons, to hold money or evidences thereof or the proceeds therefrom for the use and benefit of the owners thereof and deliver such money or proceeds of evidence of money upon request or direction of such owner.
218.05(6)
(6) Insurance. Every applicant for a license under this section shall, after the application for a license has been approved, submit a policy or policies of insurance to be approved by the division, issued by an insurer authorized to do business in this state, which insures the applicant against loss by burglary, larceny, robbery, forgery or embezzlement in a principal sum determined by the division. Any such policy, with respect to forgery, may carry a condition that the community currency exchange assumes the first $50 of each claim thereunder.
218.05(8)
(8) Other business forbidden. A community currency exchange shall not be conducted as a unit of another business. It must be an entity, financed and conducted as a separate business unit. This shall not prevent a community currency exchange from leasing a part of the premises of another business for the conduct of this business on the same premises; provided, that no community currency exchange shall be conducted on the same premises with a business whose chief source of revenue is derived from the sale of alcohol beverages for consumption on the premises. This subsection shall not apply when such other business is subject to any statute which provides for supervision and examination by the division.
218.05(9)
(9) Tokens. No community currency exchange shall issue tokens to be used in lieu of money for the purchase of goods or services from any enterprise.
218.05(10)
(10) Licenses; posting; assignment; number; change of location. 218.05(10)(a)(a) Such license shall state the name of the licensee and the address at which the business is to be conducted. Such license shall be kept conspicuously posted in the place of business of the licensee and shall not be transferable or assignable.
218.05(10)(b)
(b) No more than one place of business shall be maintained under the same license, but the division may issue more than one license to the same licensee upon the compliance with the provisions of this section governing an original issuance of a license, for each new license.
218.05(10)(c)
(c) Whenever a licensee shall wish to change the licensee's place of business to any location other than that originally set forth in the license, the licensee shall give written notice thereof to the division and if the change is approved the division shall attach to the license, in writing, a rider stating the new address or location of the community currency exchange.
218.05(11)
(11) Renewal. Every licensee shall, on or before December 20, pay to the division the sum of $300 as an annual license fee for the next succeeding calendar year and, at the same time, shall file with the division the annual bond and insurance policy or policies in the same amount and of the same character as required by
subs. (3) (c) and
(6).
218.05(12)(a)(a) The division may, upon 10 days' notice to the licensee by mail directed to the licensee at the address set forth in the license, stating the contemplated action and in general the grounds therefor, and upon reasonable opportunity to be heard prior to such action, revoke any license issued hereunder if the division shall find that:
218.05(12)(a)1.
1. The licensee has failed to pay the annual license fee or to maintain in effect the required bond or insurance policy or policies or to comply with any order, decision or finding of the division made pursuant to this section.
218.05(12)(a)2.
2. The licensee has violated any provision of this section or any regulation or direction made by the division under this section.
218.05(12)(a)3.
3. Any fact or condition exists which, if it had existed at the time of the original application for such license, would have warranted the division in refusing the issuance of the license.
218.05(12)(b)
(b) The division may revoke only the particular license with respect to which grounds for revocation may occur or exist, or if the division shall find that such grounds for revocation are of general application to all offices or to more than one office operated by such licensee, the division may revoke all of the licenses issued to such licensee or such number of licenses to which such grounds apply.
218.05(12)(c)
(c) A licensee may surrender any license by delivering to the division written notice that the licensee surrenders such license, but such surrender shall not affect such licensee's civil or criminal liability for acts committed prior to such surrender, or affect the licensee's bond, or entitle such licensee to a return of any part of the annual license fee.
218.05(12)(d)
(d) Every license issued hereunder shall remain in force until the same has been surrendered or revoked in accordance with this section, but the division may on the division's own motion issue new licenses to a licensee whose license or licenses shall have been revoked if no fact or condition then exists which clearly would have warranted the division in refusing originally the issuance of such license under this section.
218.05(12)(e)
(e) No license shall be revoked until the licensee has had notice of a hearing thereon and an opportunity to be heard. When any license is so revoked, the division shall within 20 days thereafter, prepare and keep on file with the division, a written order or decision of revocation which shall contain the division's findings with respect thereto and the reasons supporting the revocation and shall send by mail a copy thereof to the licensee at the address set forth in the license within 5 days after the filing with the division of such order, finding or decision.
218.05(13)
(13) Review of orders. Any person aggrieved by any order of the division made under this section may have a review thereof by the consumer credit review board under
s. 220.037.
218.05(14)
(14) Annual report; records; examination. 218.05(14)(a)(a) A licensee shall annually, on or before February 15, file a report with the division that shall be used only for the official purposes of the division giving relevant information that the division may reasonably require concerning, and for the purpose of examining, the business and operations during the preceding calendar year of each licensed place of business conducted by the licensee within this state. The report shall be made under oath and shall be in the form prescribed by the division.
218.05(14)(b)1.1. A licensee shall keep books, accounts and records to enable the division to determine if the licensee is complying with this section and with rules promulgated by and orders issued by the division.
218.05(14)(b)2.
2. A licensee shall keep within this state the books, accounts and records required by this paragraph at the licensee's place of business or a place readily accessible to the division.
218.05(14)(c)1.1. The division may investigate the business and examine the books, accounts and records of a licensee at any time. For that purpose, the division shall have free access to the offices and places of business and to the books, accounts and records of a licensee. The division may examine any person under oath or affirmation whose testimony the division requires relative to the licensee. An employe of the division may administer an oath or affirmation to a person called as a witness. An employe of the division may conduct the examination.
218.05(14)(c)2.
2. The division shall determine the cost of an examination. A licensee shall pay the cost of an examination within 30 days after the division demands payment.
MOBILE HOME DEALERS
218.10
218.10
Definitions. In this subchapter:
218.10(1)
(1) "Delivery date" means the date on which a mobile home is physically delivered to the site chosen by the mobile home owner.
218.10(1t)
(1t) "Licensor" means the administering department authorized under
s. 218.101 to administer this subchapter.
218.10(2)
(2) "Mobile home" means a vehicle designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction. "Mobile home" includes the mobile home structure, including the plumbing, heating and electrical systems and all appliances and all other equipment carrying a manufacturer's warranty.
218.10(3)
(3) "Mobile home dealer" means a person who, for a commission or other thing of value, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale or exchange of an interest in mobile homes or who is engaged wholly or in part in the business of selling mobile homes, whether or not the mobile homes are owned by the person, but does not include:
218.10(3)(a)
(a) A receiver, trustee, administrator, executor, guardian or other person appointed by or acting under the judgment or order of any court.
218.10(3)(b)
(b) Any public officer while performing that officer's official duty.
218.10(3)(e)
(e) A person transferring a mobile home registered in that person's name and used for that person's personal, family or household purposes, if the transfer is an occasional sale and is not part of the business of the transferor.
218.10(4)
(4) "Mobile home manufacturer" means any person within or without this state who manufactures or assembles mobile homes for sale in this state.
218.10(5)
(5) "Mobile home owner" means any person or lessee thereof who purchases a mobile home primarily for use for personal, family or household purposes.
218.10(6)
(6) "Mobile home salesperson" means any person who is employed by a mobile home manufacturer or dealer to sell or lease mobile homes.
218.10(7)
(7) "New mobile home" means a mobile home which has never been occupied, used or sold for personal or business use.
218.10(8)
(8) "Primary housing unit" means a mobile home exceeding the statutory size under
s. 348.07.
218.10(8m)
(8m) "Recreational vehicle" means a mobile home that does not exceed the statutory size under
s. 348.07.
218.10(9)
(9) "Used mobile home" means a mobile home which has previously been occupied, used or sold for personal or business use.
218.10 Annotation
The definition of "manufactured home" under s. 101.91 is inapplicable to determining whether a person is a mobile home dealer under this section. State v. Edlebeck, 196 W (2d) 744, 539 NW (2d) 469 (Ct. App. 1995).
218.101
218.101
Administering department. 218.101(1)
(1) The department of administration shall administer this subchapter as it relates to those mobile home dealers and mobile home salespersons engaged in the sale of primary housing units.
218.101(2)
(2) The department of transportation shall administer this subchapter as it relates to those mobile home dealers and mobile home salespersons engaged in the sale of recreational vehicles.
218.101 History
History: 1991 a. 269.
218.11
218.11
Mobile home dealers regulated. 218.11(1)
(1) No person may engage in the business of selling mobile homes to the ultimate consumer or to the retail market in this state unless first licensed to do so by the licensor as herein provided.
218.11(2)(a)(a) Application for license and renewal license shall be made to the licensor on forms prescribed and furnished by the licensor, accompanied by the license fee required under
par. (c) or
(d).
218.11(2)(b)1.1. The licensor shall promulgate rules establishing the license period under this section.
218.11(2)(b)2.
2. The licensor may promulgate rules establishing a uniform expiration date for all licenses issued under this section.
218.11(2)(c)
(c) Except as provided in
par. (d), the fee for a license issued under this section equals $50 multiplied by the number of years in the license period. The fee shall be prorated if the license period is not evenly divisible into years.
218.11(2)(d)
(d) If the licensor issues a license under this section during the license period, the fee for the license shall equal $50 multiplied by the number of calendar years, including parts of calendar years, during which the license remains in effect. A fee determined under this paragraph may not exceed the license fee for the entire license period under
par. (c).
218.11(3)
(3) A license shall be issued only to persons whose character, fitness and financial ability, in the opinion of the licensor, is such as to justify the belief that they can and will deal with and serve the buying public fairly and honestly, will maintain a permanent office and place of business and an adequate service and parts department during the license year, and will abide by all the provisions of law and lawful orders of the licensor.
218.11(5)
(5) A licensee shall conduct the licensed business continuously during the license year.
218.11(5m)
(5m) Any person who shall violate any provision of this section shall be fined not less than $25 nor more than $100 for each offense.
218.11(6)
(6) The licensor may deny, suspend or revoke a license on the following grounds:
218.11(6)(b)
(b) Material misstatement in application for license.
218.11(6)(c)
(c) Filing a materially false or fraudulent income or franchise tax return as certified by the department of revenue.
218.11(6)(d)
(d) Wilful failure to comply with any provision of this section or any rule promulgated by the licensor under this section.
218.11(6)(e)
(e) Wilfully defrauding any retail buyer to the buyer's damage.
218.11(6)(f)
(f) Wilful failure to perform any written agreement with any retail buyer.
218.11(6)(g)
(g) Failure or refusal to furnish and keep in force any bond required.
218.11(6)(h)
(h) Having made a fraudulent sale, transaction or repossession.
218.11(6)(i)
(i) Fraudulent misrepresentation, circumvention or concealment through whatsoever subterfuge or device of any of the material particulars or the nature thereof required hereunder to be stated or furnished to the retail buyer.
218.11(6)(j)
(j) Employment of fraudulent devices, methods or practices in connection with compliance with the statutes with respect to the retaking of goods under retail instalment contracts and the redemption and resale of such goods.
218.11(6)(k)
(k) Having indulged in any unconscionable practice relating to said business.
218.11(6)(m)
(m) Having sold a retail instalment contract to a sales finance company not licensed hereunder.
218.11(6)(n)
(n) Having violated any law relating to the sale, distribution or financing of mobile homes.
218.11(7)(a)(a) The licensor may without notice deny the application for a license within 60 days after receipt thereof by written notice to the applicant, stating the grounds for such denial. Within 30 days after such notice, the applicant may petition the department of administration to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. If the licensor is the department of transportation, the division of hearings and appeals shall conduct the hearing.
218.11(7)(b)
(b) No license may be suspended or revoked except after a hearing thereon. The licensor shall give the licensee at least 5 days' notice of the time and place of such hearing. The order suspending or revoking such license shall not be effective until after 10 days' written notice thereof to the licensee, after such hearing has been had; except that the licensor, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the licensor shall be heard and decided upon by the department of administration. If the licensor is the department of transportation, the division of hearings and appeals shall conduct the hearing.
218.11(7)(c)
(c) The licensor may inspect the pertinent books, records, letters and contracts of a licensee. The actual cost of each such examination shall be paid by such licensee so examined within 30 days after demand therefor by the licensor, and the licensor may maintain an action for the recovery of such costs in any court of competent jurisdiction.
218.12
218.12
Mobile home dealer salespersons regulated. 218.12(1)(1) No person may engage in the business of selling mobile homes to the ultimate consumer or to the retail market in this state without a license therefor from the licensor. If a mobile home dealer acts as a mobile home salesperson the dealer shall secure a mobile home salesperson's license in addition to the license for engaging as a mobile home dealer.
