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 employee of the division may administer an oath or affirmation to a person called as a witness. An employee 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. 218.05(15)(15) Penalty. A person who violates this section may be fined not more than $2,000 or imprisoned for not more than 9 months or both. RECREATIONAL VEHICLE DEALERS
218.10218.10 Definitions. In this subchapter: 218.10(1b)(1b) “Area of sales responsibility” means the geographical area agreed to by the dealer and the manufacturer or distributor in a dealer agreement within which the dealer has the exclusive right to display or sell the manufacturer’s new recreational vehicles of a particular line-make. 218.10(1c)(1c) “Camping trailer” means a vehicle with a collapsible or folding structure designed to provide temporary living quarters for recreational, camping, or travel use and to be towed upon a highway by a motor vehicle. 218.10(1d)(1d) “Component manufacturer” means a person, firm, corporation, or business entity that engages in the manufacturing of components, accessories, or parts used in manufacturing recreational vehicles. 218.10(1g)(1g) “Dealer”, unless the context requires otherwise, 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 a recreational vehicle or who is engaged wholly or in part in the business of selling recreational vehicles, whether or not the recreational vehicles are owned by the person, but does not include: 218.10(1g)(a)(a) A receiver, trustee, personal representative, guardian, or other person appointed by or acting under the judgment or order of any court. 218.10(1g)(b)(b) Any public officer while performing that officer’s official duty. 218.10(1g)(e)(e) A person transferring a recreational vehicle 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(1i)(1i) “Dealer agreement” means a written agreement or contract entered into by a dealer and a manufacturer or distributor that fixes the rights and responsibilities of the parties and pursuant to which the dealer sells new recreational vehicles. 218.10(1m)(1m) “Department” means the department of transportation, unless the context requires otherwise. 218.10(1n)(1n) “Distributor” means a resident or nonresident who, in whole or in part, sells or distributes new recreational vehicles to recreational vehicle dealers or who maintains distributor representatives. 218.10(1o)(1o) “Factory campaign” means an effort on the part of a warrantor to contact recreational vehicle owners or dealers in order to address a part or equipment issue. 218.10(1p)(1p) “Family member” means an individual’s spouse or an individual’s child, grandchild, parent, sibling, niece, or nephew or the spouse of any of these. 218.10(1q)(1q) “Fifth-wheel recreational vehicle” means a recreational vehicle that is mounted on wheels, that is of a size and weight such that a special highway movement permit is not required, and that is designed to be towed by a motor vehicle utilizing a kingpin and 5th wheel coupling device mounted above or forward of the rear axle of the tow vehicle. 218.10(1t)(1t) “Line-make” means a specific series of recreational vehicle products, the sale of which may be authorized by a dealer agreement, that satisfies all of the following: 218.10(1t)(a)(a) Is targeted to a particular market segment, as determined by the decor, features, equipment, size, weight, and price range. 218.10(1t)(b)(b) Has lengths and interior floor plans that distinguish the series of recreational vehicle products from other series with substantially the same decor, features, equipment, weight, and price. 218.10(1t)(c)(c) Belongs to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body. 218.10(1x)(1x) “Manufacturer” means any person within or without this state who manufactures or assembles recreational vehicles for sale in this state. 218.10(2)(2) “Model” is a series of recreational vehicle products identified by a common series trade name or trademark that is a subset of a line-make. 218.10(7)(7) “New recreational vehicle” means a recreational vehicle which has never been occupied, used or sold for personal or business use. 218.10(7m)(7m) “Park model recreational vehicle” means a recreational vehicle that is all of the following: 218.10(7m)(a)(a) Designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use. 218.10(7m)(b)(b) Not permanently affixed to real property for use as a permanent dwelling. 218.10(7m)(c)(c) Built on a single chassis mounted on wheels with a gross trailer area not exceeding 400 square feet in the setup mode. 218.10(7m)(d)(d) Certified by the manufacturer as complying with the ANSI A119.5 Park Model Recreational Vehicle Standard. 218.10(7w)(7w) “Proprietary part” means any part manufactured by or for and sold exclusively by the manufacturer. 218.10(8m)(8m) “Recreational vehicle” means a vehicle that is designed to be towed upon a highway by a motor vehicle, that is equipped and used, or intended to be used, primarily for temporary or recreational human habitation, and that does not exceed 46 feet in length. “Recreational vehicle” includes a camping trailer, 5th-wheel recreational vehicle, park model recreational vehicle, and travel trailer. 218.10(8t)(8t) “Salesperson”, unless the context requires otherwise, means any person who is employed by a manufacturer or dealer to sell or lease recreational vehicles. 218.10(8u)(8u) “Transient customer” means a customer who is temporarily traveling through a dealer’s area of sales responsibility. 218.10(8v)(8v) “Travel trailer” means a vehicle that is mounted on wheels, that is designed to provide temporary living quarters for recreational, camping, or travel use, and that is of a size or weight that a special highway movement permit is not required when towed by a motor vehicle. 218.10(9)(9) “Used recreational vehicle” means a recreational vehicle which has previously been occupied, used or sold for personal or business use. 218.10(10)(10) “Warrantor” means a person, firm, corporation, or business entity that gives a warranty in connection with a new recreational vehicle or parts, accessories, or components of a new recreational vehicle. 218.10(11)(11) “Warranty” does not include service contracts, mechanical or other insurance, or extended warranties sold for separate consideration by a dealer or other person not controlled by a manufacturer. 218.11218.11 Recreational vehicle dealers, manufacturers, and distributors regulated. 218.11(1)(1) No person may engage in the business of selling recreational vehicles to a consumer or to the retail market in this state unless first licensed to do so by the department. 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)(am)1.1. In addition to any other information required under par. (a) and except as provided in subd. 4., an application by an individual for the issuance or renewal of a license under this section shall include the individual’s social security number and, if the application is made by a person who is not an individual for the issuance or renewal of a license under this section shall include the person’s federal employer identification number. 218.11(2)(am)2.2. The department shall deny an application for the issuance or renewal of a license if the information required under subd. 1. is not included in the application. 218.11(2)(am)3.3. The department may not disclose any information received under subd. 1. to any person except to the department of children and families for purposes of administering s. 49.22, to the department of revenue for the sole purpose of requesting certifications under s. 73.0301, and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227. 218.11(2)(am)4.4. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license under this section, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. Any license issued or renewed in reliance upon a false statement submitted by an applicant under this subdivision is invalid. 218.11(2)(b)1.1. The department shall promulgate rules establishing the license period under this section. 218.11(2)(b)2.2. The department 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 department 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(2)(e)(e) A recreational vehicle dealer or an applicant for a recreational vehicle dealer license shall provide and maintain in force a bond or irrevocable letter of credit of not less than $50,000. The bond or letter of credit shall be executed in the name of the department of transportation for the benefit of any person who sustains a loss because of an act of a recreational vehicle dealer that constitutes grounds for the suspension or revocation of a license under sub. (6). 218.11(3)(3) A license shall be issued only to persons whose character, fitness and financial ability, in the opinion of the department, 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 department. 218.11(4)(a)(a) No manufacturer or distributor may engage in business as a manufacturer or distributor in this state without a license. 218.11(4)(b)(b) No manufacturers’ or distributors’ recreational vehicles may be sold in this state unless either the manufacturer on direct dealerships of domestic vehicles or the distributor on indirect dealerships of either domestic or foreign vehicles are licensed under par. (a). The obtaining of a license under par. (a) shall conclusively establish that a manufacturer or distributor is doing business in this state and shall subject the licensee to all provisions of the Wisconsin statutes regulating manufacturers and distributors. 218.11(5)(5) A licensee shall conduct the licensed business continuously during the license year. 218.11(5m)(5m) Any person who violates any provision of this section may be required to forfeit not less than $25 nor more than $100 for the first offense and may be fined not less than $25 nor more than $100 for a 2nd or subsequent conviction within 3 years. 218.11(6)(6) The department 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) Willful failure to comply with any provision of this section or any rule promulgated by the department under this section. 218.11(6)(e)(e) Willfully defrauding any retail buyer to the buyer’s damage. 218.11(6)(f)(f) Willful 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 installment 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 installment 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 recreational vehicles. 218.11(6m)(a)(a) A license under this section shall be denied, restricted, limited or suspended if an applicant or licensee is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. 218.11(6m)(b)(b) The licensor shall suspend or revoke a license if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose license is suspended or revoked under this paragraph for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section. 218.11(6m)(c)(c) The licensor shall suspend or revoke a license if the department of workforce development certifies under s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions. A licensee whose license is suspended or revoked under this paragraph for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and a hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section. 218.11(7)(a)(a) The department 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 division of hearings and appeals, as defined in s. 218.0101 (9), to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. This paragraph does not apply to denials of applications for licenses under sub. (6m).
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Chs. 178-226, Partnerships and Corporations; Transportation; Utilities; Banks; Savings Associations
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