100.50
100.50
Products containing or made with ozone-depleting substances. 100.50(2)
(2) Product labeling. Beginning on August 1, 1994, no person may represent in advertising or on a label that any product that the person manufactures, packages, distributes or sells is "ozone friendly" or use any similar description that implies that the product does not contribute to the depletion of stratospheric ozone if the product contains or is made with a class I substance or a class II substance.
100.50(3)
(3) Sale of portable fire extinguishers. Beginning on August 1, 1994, no person may sell or offer to sell a portable fire extinguisher that contains a class I substance except for use by a commercial user.
100.50(4)
(4) Fire-extinguishing products. Beginning on January 1, 1995, a person may make, package, sell or offer to sell a fire-extinguishing product that contains a class I substance only if the class I substance has been recycled or reclaimed and, in the case of a sale or offer to sell, if sale of the product is not prohibited under
sub. (3).
100.50(5)
(5) Return to manufacturer. After the sale of a product is prohibited under
sub. (3) or
(4), a retailer that purchased the product from the manufacturer for resale before the date on which the prohibition takes effect may return the product to the manufacturer and the manufacturer shall refund the purchase price to the retailer.
100.50(6)(a)(a) Any person who violates
sub. (2),
(3) or
(4) shall be required to forfeit not less than $250 nor more than $1,000. Each day on which a person sells or offers to sell in violation of one of those provisions constitutes a separate offense.
100.50(6)(am)
(am) If a court imposes a forfeiture under
par. (a) on a person for a violation of
sub. (2),
(3) or
(4), the court may order the person to accept the return of the product that is the subject of the violation and to refund the purchase price to the purchaser of that product.
100.50(6)(b)
(b) In lieu of or in addition to the remedy under
par. (a), the department may seek an injunction restraining any person from violating this section.
100.50(6)(c)
(c) The department, or any district attorney upon the request of the department, may commence an action in the name of the state under
par. (a) or
(b).
100.50 History
History: 1993 a. 243;
1995 a. 27.
100.51
100.51
Motor fuel dealerships. 100.51(1)
(1)
Definitions. As used in this section:
100.51(1)(c)
(c) "Designated family member" means the spouse or child of a motor fuel dealer who has been designated in the most recent motor fuel dealership agreement with the motor fuel grantor as the successor to ownership of the motor fuel dealership and who either inherits ownership of the motor fuel dealership by will or intestate succession or who, in the case of the legal incapacity of the dealer, is appointed by a court as guardian for the motor fuel dealership.
100.51(2)
(2) Survivorship provisions required. Every motor fuel dealership agreement entered into, renewed or extended on or after December 1, 1987, shall contain all of the following provisions:
100.51(2)(a)
(a) Any designated family member may succeed to the ownership of the motor fuel dealership if all of the following conditions are met:
100.51(2)(a)1.
1. The designated family member gives the motor fuel grantor written notice of the intention to succeed to ownership of the motor fuel dealership within 60 days after the motor fuel dealer's death or legal incapacity.
100.51(2)(a)2.
2. Upon request of the motor fuel grantor, the designated family member provides personal and financial information reasonably necessary to determine under
par. (b) whether the succession should be honored.
100.51(2)(a)3.
3. The designated family member agrees to be bound by all terms and conditions of the existing motor fuel dealership agreement.
100.51(2)(a)4.
4. There does not exist good cause under
par. (b) for refusing to honor the succession.
100.51(2)(b)
(b) Good cause exists for refusing to honor a succession if a designated family member does not meet existing reasonable standards of the motor fuel grantor. The motor fuel grantor's existing reasonable standards may include requirements directly related to a person's management and technical skills, training and commercial experience, credit worthiness and other requirements directly related to a person's ability to operate the motor fuel dealership.
100.51(2)(c)
(c) If a motor fuel grantor believes in good faith, after requesting information under
par. (a) 2., that good cause exists for refusing to honor succession of the motor fuel dealership by a designated family member, the motor fuel grantor may, within 90 days after receipt of the information, give notice complying with
par. (d) to the designated family member.
100.51(2)(d)
(d) The notice under
par. (c) shall be in writing and shall include all of the following:
100.51(2)(d)1.
1. A statement of the motor fuel grantor's refusal to honor succession and of the specific grounds constituting good cause for the refusal.
100.51(2)(d)2.
2. A statement of the motor fuel grantor's intent to terminate the existing motor fuel dealership agreement with the designated family member on a date not sooner than 90 days after the date the notice is given.
100.51(2)(e)
(e) Except as provided in
par. (f), if the notice under
par. (c) is not given within the time period specified in
par. (c), the motor fuel grantor may not terminate the existing motor fuel dealership agreement with the designated family member under this section and may only terminate the existing motor fuel dealership agreement as otherwise permitted by law.
100.51(2)(f)
(f) Notwithstanding
pars. (b) to
(d) and
ss. 135.03 and
135.04, the motor fuel grantor may terminate the existing motor fuel dealership agreement with the designated family member if, in the 12 months following receipt of the notice under
par. (a) 1., the volume of motor fuel sold by the motor fuel dealership is less than 90% of the average annual volume of motor fuel sold by the motor fuel dealership in the 3 years preceding receipt of the notice under
par. (a) 1., and the motor fuel grantor, within 15 months following receipt of the notice under
par. (a) 1., gives notice in writing to the designated family member which includes all of the following:
100.51(2)(f)1.
1. A statement of the motor fuel grantor's intent to terminate the existing motor fuel dealership agreement with the designated family member on a date not sooner than 90 days after the date the notice is given.
100.51(2)(f)2.
2. A statement of the specific reasons for termination.
100.51(3)
(3) Enforcement of survivorship rights. 100.51(3)(a)(a) The department on behalf of the state or any person who claims injury as a result of a violation of
sub. (2) may bring an action for temporary or permanent injunctive relief in any circuit court. It is no defense to an action under this paragraph that an adequate remedy exists at law.
100.51(3)(b)
(b) In any proceeding to determine whether good cause exists under
sub. (2) (b), a motor fuel grantor has the burden of proving that the designated family member does not meet the motor fuel grantor's existing, reasonable standards.
100.51(4)(a)(a) No motor fuel grantor may require a motor fuel dealer, who has a dealership with the motor fuel grantor on May 17, 1988, to keep his or her business open for more than 16 hours per day.
100.51(4)(b)
(b) Paragraph (a) applies to a motor fuel dealer after he or she renews or extends a motor fuel dealership agreement with a motor fuel grantor on or after May 17, 1988.
100.51(5)
(5) Motor vehicles used by disabled; service. 100.51(5)(a)2.
2. "Pump" means a device used to dispense motor fuel for sale at retail.
100.51(5)(b)
(b) A motor fuel dealer shall have an employee dispense motor fuel into a motor vehicle from a full-service pump at the same price as the motor fuel dealer charges the general public for the same grade of motor fuel dispensed from a self-service pump, if all of the following apply:
100.51(5)(b)1.
1. The motor vehicle displays special registration plates issued under
s. 341.14 (1),
(1a),
(1m),
(1q) or
(1r) (a) or a special identification card issued under
s. 343.51 or is a motor vehicle registered in another jurisdiction and displays a registration plate, card or emblem issued by the other jurisdiction that designates that the vehicle is used by a physically disabled person.
100.51(5)(b)2.
2. The driver of the motor vehicle asks for the same price as charged for motor fuel dispensed from a self-service pump.
100.51(5)(b)3.
3. The motor fuel dealer sells motor fuel at retail from both full-service and self-service pumps.
100.51(5)(c)
(c) An employee of a motor fuel dealer who dispenses motor fuel under
par. (b) need not provide any other services that are not provided to a customer who uses a self-service pump.
100.51(5)(d)
(d) A motor fuel dealer that violates
par. (b) may be required to forfeit not more than $100 for each violation.
100.51 History
History: 1987 a. 95,
399;
1989 a. 31;
1995 a. 27;
1997 a. 35;
1997 a. 111 s.
30; Stats. 1997 s. 100.51.
